4. Ordinance 1738 - Amendments - Off Street Parking Regulations - 2nd ReadingA r-=�MIM
A
Charles A. Harball Office of City Attorney
City Attorney 201 First Avenue East
P.O. Box 1997
Kalispell, NIT 59903-1997
101 1A 010 11111AAA 0
TO: Doug Russell, City ManagervQ—
FROM: Charles Harball, City Attorney
Tel 406.758.7709
Fax 406.758.7771
charball@kalispell.com
SUBJECT: Ordinance No. 1738 — Amending the Kalispell Municipal Code
Regarding Parking Regulations
MEETING DATE: May 19, 2014 — Regular Council Meeting — Second 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. Council may
later pass a resolution to adopt an amended fee schedule.
RECOMMENDATION: The City Council considered and approved Ordinance No. 1738
on first reading and it is recommended that the Council pass Ordinance No 1738 on
second reading. A resolution will be considered at a later date that reflects the Council's
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,
Charles Irarball, City Attorney
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 19TH DAY OF MAY, 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 commissieft is
given the authority to manage eluding the pfeffiulgation of r-egulat 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 pafking eewwpAssien 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, Pafk4ag GewAnissiefi 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 iffile-ThAding the-
pfefatilgation of r-eguladeii7, 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 pafldtig eewA:rAssien 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 KNIC 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
Pafldng GeffhtpAssiefl. 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 aHther-ized t:epFesentative of the
Kalispell Pafk4ng Go . .
2-69 Civil Fees for Municipal Court.
C . The City of Kalispell and all departments of the City of Kalispell afid the Kalispe#
PAr-king Commission are hereby exempt from payment of the Municipal Court fees set forth in
subsection A of this section.