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Ordinance 1759 - Creates Westside Neighborhood Parking Management ZoneORDINANCE NO.1759 AN ORDINANCE ENACTING CERTAIN MOTOR VEHICLE AND TRAILER CURB PARKING REGULATIONS WITHIN A DEFINED AREA IN THE CITY OF KALISPELL ADJACENT TO FLATHEAD HIGH SCHOOL TO BE KNOWN AS THE WESTSIDE NEIGHBORHOOD PARKING MANAGEMENT ZONE, DECLARING AN EFFECTIVE DATE AND AUTHORIZING THE CITY ATTORNEY TO CODIFY THE SAME. WHEREAS, the City of Kalispell has the general powers authority granted to it by the state of Montana enumerated at MCA 7-1-4124 and more specifically at 7-14-4103, 7-14- 4104, 7-14-4501 and 7-14-4628 to regulate the parking of motor vehicles and trailers within the right-of-ways and municipal properties of the city; and WHEREAS, it has been the finding of the Montana State Legislature at MCA 7-14-4601 in establishing the municipal authority to regulate motor vehicle parking that excessive curb parking of motor vehicles in urban and metropolitan areas and the lack of adequate off-street parking facilities in some cities is against the public interest; and WHEREAS, the Kalispell City Council finds that within the vicinity of Flathead High School the demand for curbside parking far exceeds the curbside space available resulting in limited availability of curbside parking for residents, congested streets and a compromise to roadway safety; and WHEREAS, the Kalispell City Council therefore further finds that it is in the best interest of the public to regulate the curbside parking within a certain defined area adjacent to Flathead High School. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF KALISPELL AS FOLLOWS: SECTION 1. The City of Kalispell hereby establishes certain parking regulations on those City right-of-ways identified in Exhibit "A", attached hereto and incorporated fully herein by this reference and as enumerated in Exhibit `B" attached hereto and incorporated fully herein by this reference. SECTION 2. The parking fee schedule for those City right-of-ways identified in Section 1 shall be established and amended by resolution. SECTION 3. Violations of this Ordinance are declared to be civil infractions, and shall be processed in accordance with Kalispell Municipal Code Sections 1-11 through 1-18 as authorized by MCA 7-1-4150 through 7-1-4152, or as subsequently amended. SECTION 4. The City Attorney is hereby authorized and directed to codify this Ordinance under Chapter 17 Motor Vehicles and Traffic of the Kalispell Municipal Code. SECTION 5. 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 3RD DAY OF AUGUST, 2015. Mark Johnso Mayor ATTEST: 4Aiee Brunckhorst, CMC City Clerk EXHIBIT `B" Ordinance No. 1759 establishes an on -street permit -only parking zone to be known as the Westside Neighborhood Parking Management Zone as set forth and illustrated on Exhibit "A„ 1.1. The permit resident only parking restrictions shall be limited to 1.1.1. 2nd Avenue West, between 6th and 9`h St. West, 1.1.2. 3rd Avenue West between 5th and 9th St. West, 1.1.3. OAvenue West between 8th and 9th St. West, 1.1.4. and all streets between 4th Avenue and 2nd Avenue West, 2. The cost of administration of the resident only parking restrictions shall be borne by the users, based on a fee per permit as established by resolution by the City Council. 3. The City shall be responsible for the placement and maintenance of required signage notifying the public of the existence of parking restrictions. 4. The permit parking restrictions shall be in effect from 8 AM to 3 PM from Monday to Friday, on days when school is in session. 5. The School District may request from the City a "special events exclusion" to accommodate several high volume events that occur throughout the year at Flathead High School. In this case the neighbors/property owners would be notified by the school in advance and the parking restrictions would be suspended for that day. 6. Parking permits shall be clearly displayed in the front window of the vehicle. If no permit or an improper permit is displayed a parking citation shall be issued by the Kalispell Police Department. 7. Contractors engaged in providing service to a resident in the zone shall be exempt from the permit resident only parking restrictions. 8. General provisions for resident on -street parking: 8.1. Each resident in the Zone is entitled to two free parking permits. 8.2. Proof of residency and/or property ownership is required to obtain an on -street resident - only parking permit. 8.3. Proof of vehicle ownership and current registration is required for each on -street resident -only parking permit. 8.4. A resident or owner may purchase one or more guest passes separate from a registered vehicle permit. There is no limit to the number of guest passes that a resident or owner may purchase. 9. General provisions for student -teacher District 5 employee on -street parking: 9.1. Student -teacher -District 5 employee permits may be purchased each year from the City for parking within the Zone. 9.2. A permit allows on -street parking; it does not ensure a parking space. 9.3. Student -teacher -employee parking shall be limited to one side of each Street or Avenue within the Zone as signed. 9.4. The specific side of the Street or Avenue shall change yearly on January lst as signed. 10. The Parking Management Zone boundaries may be amended: 10.1. The city, in its discretion as the governing body, may amend or reduce the Westside Neighborhood Parking Management Zone boundaries after holding a hearing before the Kalispell City Planning Board. 10.2. Requests to be added to or removed from resident -only parking restrictions shall be done at the block face level meaning both sides of a facing avenue or street. 10.3. A petition signed by 75% of the property owners of the facing avenue or street face within the Westside Parking Management Zone shall be presented to the city on a form approved by the City of Kalispell. Exhibit A Westside Neighborhood Parking Management Map Parking Regulated Area