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4. Ordinance 1738 - Amendments - Off Street Parking Regulations - 1st ReadingCharles A. Harball Office of City Attorney City Attorney 201 First Avenue East P.O. Box 1997 Kalispell, MT 59903-1997 Ill l/ � ►` : �11 � l TO: Doug Russell, City Manager FROM: Charles Harball, City Attorney Tel 406.759.7709 Fax 406.758.7771 charball@kalispell.com SUBJECT: Ordinance No. 1738 — Amending the Kalispell Municipal Code Regarding Parking Regulations MEETING DATE: May 5, 2014 — Regular Council Meeting — First Reading BACKGROUND: The Kalispell City Council determined in 2012 to discontinue the Kalispell Parking Commission which had been established and given certain duties and responsibilities to regulate the vehicular parking in the City of Kalispell. These duties and responsibilities were handed on to the Kalispell Police Department. Now with any determination of the Council to alter the fee schedule of the parking regulations previously established by the Parking Commission it becomes necessary to amend the ordinances contained in the Kalispell Municipal Code to reflect this change and to pass the necessary resolution to reflect the action of the Council to adopt an changed fee schedule. RECOMMENDATION: It is recommended that the City Council consider and approve Ordinance No. 1738 on first reading and to consider a resolution at a later date that reflects the Councils action in altering the parking fee schedule. FISCAL EFFECTS: None at the passage of this ordinance, but it will allow for fiscal changes when a resolution altering the fee schedule is considered. Respectfully submitted, ft, Charles Harball, City Attorney AN ORDINANCE AMENDING CHAPTER 2 AND CHAPTER 17 OF THE KALISPELL MUNCIPAL CODE AND CODIFIED IN THE KALISPELL MUNICIPAL CODES AT KMC 2-69, KMC 17-54, KMC 17-78 AND KMC 17-79 TO REFLECT THE PREVIOUS ACTION OF THE CITY COUNCIL TO DISCONTINUE THE KALISPELL PARKING COMMISSION AND TO GIVE THOSE DUTIES TO THE KALISPELL POLICE DEPARTMENT, DECLARING AN EFFECTIVE DATE AND AUTHORIZING THE CITY ATTORNEY TO CODIFY THE SAME. WHEREAS, the Kalispell City Council determined in 2012 to discontinue the Kalispell Parking Commission which had been established and given certain duties and responsibilities to regulate the vehicular parking in the City of Kalispell and it gave those duties and responsibilities to the Kalispell Police Department; and WHEREAS, the Kalispell Municipal Code makes a number of references to the Kalispell Parking Commission, specifically at KMC 2-69, KMC 17-54, KMC 17-78 and KMC 17-79 that should now reference the Kalispell Police Department to reflect the actions of the City Council; and WHEREAS, the Kalispell City Council finds that it is in the best interest of the City that all future regulation of parking within the City of Kalispell be established by the Kalispell City Council by ordinance except the fixing of the parking fee schedule which should be established by resolution. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF KALISPELL AS FOLLOWS: SECTION 1. The City of Kalispell Municipal Code is hereby amended as set forth in Exhibit "A", attached hereto and incorporated fully herein by this reference. SECTION 2. All future regulation of parking within the City of Kalispell shall be established by the Kalispell City Council by ordinance except the fixing of the parking fee schedule which shall be established by resolution. SECTION 3. The City Attorney is hereby authorized and directed to recodify this Ordinance. SECTION 4. This Ordinance shall take effect thirty (30) days after its final passage. PASSED AND APPROVED BY THE CITY COUNCIL AND SIGNED BY THE MAYOR OF THE CITY OF KALISPELL THIS DAY OF , 2014. Mark Johnson Mayor ATTEST: Theresa White City Clerk Exhibit "A" 17-54-1 Off -Street Parking Regulation. A. City Owned Parking Lots: The Kalispell Police Department Pafking GeffRifissieft is given the authority to manage ineluding the pfefftelgation of fegulat and supervise all parking of motor vehicles in City owned parking lots. It shall have the duty to adequately and appropriately sign all lots with clearly visible information to all users of the parking lot regarding hours of operation, time limits and fines for violating the terms of use. The Kalispell Police Department padEing eemmAssieft shall further have the duty to enforce the parking regulations of the parking lots. Violations shall be deemed civil infractions subject to the terms of KMC 1-12. B. Privately Owned Parking Lots with Public Parking Provisions: The Kalispell Police Department, on behalf of the City, Pafldng GeffHiiissien is given the authority to enter into leases or user agreements with owners of private parking lots in which public parking, by agreement with the property owner, is provided. It shall then have the authority to manage ineluding the pr-omalgaden of , and supervise the parking of motor vehicles within those private parking lots to the extent of the agreement with the private owner. It shall have the duty to adequately and appropriately sign such private lots with clearly visible information to all users of the parking lot regarding hours of operation, time limits and fines for violating the terms of use. The Kalispell Police Department pafkiag eeffffrAssien shall further have the duty to enforce the parking regulations of these private parking lots. Violations shall be deemed civil infractions subject to the terms of KMC 1-12. 17-79 Removal or Incapacitation of Illegally Parked Motor Vehicles; Liability for Costs; Prima Facie Liability of Registered Owner for Violation. A. Any motor vehicle parked or left in violation of this article or any other provision of this chapter or other ordinance of the City regulating the stopping, standing or parking of vehicles may be incapacitated with a wheel boot under the direction of the Kalispell Police Department Pafking Commission or moved by or under the authority of any police officer who shall certify the cost thereof to the Municipal Judge. Such cost of incapacitation or removal may be added to any fine assessed for the violation involved; the owner or operator of such vehicle shall pay all costs of moving and storage of such vehicle. 17-78 Certain Parking Violations as Civil Infractions. Those parking violations hereafter enumerated, occurring in the City of Kalispell, are declared to be civil infractions, and shall be processed in accordance with the municipal infractions under Sections 1-11 through 1-18 of this Code as authorized by Montana Code Annotated Sections 7-1- 4150 through 7-1-4152, or as subsequently amended. B. Civil citations for parking violations enumerated in this section may be issued by an authorized official of the Kalispell Police Department. or- an wither-iZed r-epr-esefitafive of the 2-69 Civil Fees for Municipal Court. C. The City of Kalispell and all departments of the City of Kalispell and the-Kalispel} Pagdiig are hereby exempt from payment of the Municipal Court fees set forth in subsection A of this section.