13. Ordinance 1265 - Sidewalk Amendment - 2nd ReadingAgenda -July 21, 1997
AGENDA ITEM 13 - ORDINANCE 1255-SIDEWALK AMENDMENT-2ND READING
BACKGROUND/CONSIDERATION: This ordinance allows the staff authority
to begin a permitting process for items to be placed upon City
sidewalks.
RECOMMENDATION: For the reasons we have previously discussed, I
continue to recommend the approval of this ordinance.
ACTION REQUIRED: Second reading approval will complete the
ORDINANCE adoption process.
ORDINANCE NO. 1265
AN ORDINANCE AMENDING R.O. 1947, § 962 (§ 24-6, KALISPELL CITY
CODE) ALLOWING OBSTRUCTIONS OF STREETS, ALLEYS, PUBLIC GROUNDS, AND
SIDEWALKS BY PERMIT, AND DECLARING AN EFFECTIVE DATE.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF KALISPELL,
MONTANA, AS FOLLOWS:
SECTION I. That R.O. 1947, § 962 (§ 24-6, Kalispell City
Code) is hereby amended to read as follows:
A) No person' shall place, or permit to remain, upon any
street, alley, public ground or sidewalk within the City,
and structure, fence, wood, lumber, sawdust, gravel,
boxes, debris or any article or thing, which will
obstruct or interfere with traffic and travel thereon,
unless such obstruction be temporary and necessary in the
transportation of goods, or done in conformity with
existing building regulations.
B) Notwithstanding, the provisions of § A, supra, a.person
desiring to utilize any street, alley, public grounds or
sidewalk within the City, may, prior to using said
property apply to the City Public Works Department for a
permit allowing the use of said property.
C) The Public Works Department shall refer any application
for the issuance of a permit hereunder for review to the
City Manager, Police Department, and Building Department
to determine whether or not the permit meets the
requirements of this Ordinance. The Public Works
Department shall issue a permit if the following
conditions are met:
1) The proposed use will not unreasonably
obstruct public access and passage or
otherwise constitute a health or safety
hazard.
2) The City may impose reasonable conditions in
the permit to insure adequate public access
and unobstructed passage, the public health,
safety and welfare.
3) Except for permits for temporary construction
obstruction, public furnishings and fences, no
permit issued under this Ordinance shall
extend beyond October 30 of the year in which
it is issued.
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4) Private use or occupancy of public places
shall only be permitted during the period
specified in the permit.
5) Retail merchandising or display shall not be
permitted except by special permission to be
granted by the City Council.
6) Each applicant for a permit, hereunder, as a
condition precedent to the issuance of a
permit, shall present to the Public Works
Department a certificate of liability
insurance executed by an insurance carrier
authorized to do business in Montana in an
amount of not less than $100,000.00. Such
certificate shall verify the City's status as
an additional named insured and set forth the
limits of the policy, the policy number name
of insurer, the effective and expiration dates
of the policy, and an endorsement requiring at
least ten day's written notice of cancellation
to the City.
7) The Public Works Department shall issue or
deny the permit within ten (10) business days
after the submission of a complete
application.
D) Any permit issued pursuant to this Ordinance shall be
revocable upon a determination made by the City Manager
that:
1) Misstatements or omissions of material fact
have been submitted in the application
process,
2) The permittee violates or permits the
violation of any term, condition, or
restriction contained in the permit,
3) The use or activity permitted constitutes a
public hazard or nuisance,
4) A violation of the ordinances of the City, or
State or federal law or regulation, is
occasioned by the use or conduct associated
with the permit, or
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5) If the City Manager determines that an
emergency exists and that discontinuance of
the use or activity contemplated by the permit
or other activity exempted from the permit
requirement is necessary in order to protect
or preserve the immediate health, safety or
welfare, the use of the public property shall
cease immediately upon provision of written
notice to the permit holder or person using
the public property.
SECTION II. This Ordinance shall take effect from and
after thirty (30) days of its passage by the
City Council.
PASSED AND APPROVED BY THE CITY COUNCIL AND MAYOR OF THE CITY OF
KALISPELL, THIS 7T" DAY OF JULY, 1997.
Douglas D. Rauthe - Mayor
ATTEST:
Debbie Gifford, CMC
Clerk of Council
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