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E1. Ordinance 1760 - Updating Motor Vehicle Regulations - First ReadingCNN[ jr!11111[111i� Charles A. Hasball Off ee of City Attorney City Attorney 201 First Avenue East P.O. Box 1997 Kalispell, MT 59903-1997 N TO: Doug Russell, City Manager S/1 FROM: Charles Harball, City Attorney Tel 406.758.7709 Fax 406.758.7771 charball@kalispell.com SUBJECT: Ordinance No. 1760 and Resolution No. 5738 — Updating Motor Vehicle Ordinances and Setting Parking Fines V 71111,11 111,111P1 Z IN -01 H "IMM I'm 111 BACKGROUND: The City Council is aware that the Kalispell municipal ordinances regarding motor vehicles and traffic are outdated and in need of review and amendment. Many of these ordinances are addressed by state law and violations of these are written by Kalispell police under the state code as the county correctional facility charges a fee to the City for incarcerations under municipal. code but not under state code. Other ordinances are merely outdated and not used in enforcement or had not been updated to coordinate with other ordinances as those ordinances were updated over the years. Therefore Ordinance No. 1760 is being offered as an amendment to remedy these issues. Resolution No. 5738 is offered to Council after consultation with the Kalispell Police Department and the Parking Advisory Board to formally set the fine schedule for parking violations. The Parking Advisory Board requested that the $10.00 ticket be maintained for the areas that it supervises for the reason that it did not want the penalties to cause downtown business to suffer. All other parking tickets (except handicapped parking violations per state law) would be scheduled at $15.00. Under the state civil infraction law utilized by the city, the municipal judge has the discretion to impose a larger fine if that is deemed by the judge to be appropriate. RECOMMENDATION: It is recommended that the Council consider the offereA. ordinance and resolution and pass each one. ALTERNATIVE, S: Upon consideration of the ordinance and resolution, the Council may offer amendments as it deems appropriate. WHEREAS, pursuant to Kalispell Municipal Code Chapter 17, entitled Motor Vehicles and Traffic, the City of Kalispell regulates the use of motor vehicles for the purpose of providing for the safe and orderly use of such vehicles on the city right-of-ways and in city controlled public parking areas; and WHEREAS, it is in the best interests of the City and its residents and visitors that its ordinances which regulate motor vehicles and traffic be reassessed and updated from time to time to ensure that the purposes of the regulation and the interests of the public are being properly served; and WHEREAS, the Kalispell City Council finds that the amendinents to KMC Chapter 17 set forth in Exhibit "A", attached hereto, are necessary and proper to align with changes to Montana State law and changes to traffic development and uses within the City. 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. The City Attorney is hereby authorized and directed to recodify this Ordinance. SECTION 3. 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 9 2015. Mark Johnson Mayor Aimee Brunckhorst, CMC City Clerk EXHIBIT "A" The words and phrases used in this chapter, unless the same shall be clearly contrary to, or inconsistent with the context of this chapter or of the section in which used, or of the State law, shall be construed as follows: ARTERIAL STREET: Any U.S. or State -numbered route, controlled -access highway, or other major radial or circumferential street or highway designated by proper City officials as part of a major arterial system or highway. AUTHORIZED EMERGENCY VEHICLE: Vehicles of the Fire Department, police vehicles and such ambulances and emergency vehicles of municipal departments or public service corporation as are designated or authorized by the Chief of Police. BICYCLE: Every device propelled by human power upon which any person may ride, having two (2) tandem wheels either of which is more than fourteen inches (14") in diameter. pwpeses, Hieluding, but lie COMMERCIAL VEHICLE: A motor vehicle or other vehicle, designed for the carrying of freight or merchandise. CONGES;Fh-P-DIST4 CONTROLLED -ACCESS HIGHWAY: Every highway, street or roadway in respect to which owners or occupants of abutting lands and other persons have no legal right of access to or from the same except at such points only and in such manner as may be determined by the public authority having_ urisdiction over such highway, street or roadway. CROSSWALK: That part of a roadway at an intersection included within the connections of the lateral lines of the sidewalks on opposite sides of the highway measured from the curbs, or in the absence of curbs from the edge of the traversable roadway. CURB: The boundary of that portion of the street open to the public for the use of vehicles. DOUBLE PARKING: The standing of a vehicle upon a street alongside of and parallel to another vehicle which is parked at the curb. DRIVER: Every person who drives or is in actual physical control of a vehicle. HORSE: Any draft animal or beast of burden. INTERSECTION: A. The area embraced within the prolongation or connection of the lateral curb lines, or, if none, then the lateral boundary lines of the roadways of two (2) highways which join one another at, or approximately at, right angles, or the area within which vehicles traveling upon different highways n joining at any other angle may come in conflict. B. Where a highway includes two (2) roadways thirty feet (30') or more apart, then every crossing of each roadway of such divided highway by an intersection highway shall be regarded as a separate intersection. In the event such intersecting g highway also includes two (2) roadways thirty feet (30') t) or more apart, then every crossing of two (2) roadways of such highway shall be regarded as a separate intersection. LAMED ROADWAY: A roadway which is divided into two (2) or more clearly marked lanes for vehicular traffic. MOTOR -DRIVEN CYCLE: Every motorcycle, including every motor scooter, with a motor which produces not to exceed five (5) horsepower, and every bicycle with motor attached. MOTOR VEHICLE- Every vehicle which is self-propelled and every vehicle which is propelled by electric power obtained from overhead trolley wires, but not operated upon rails. MOTORCYCLE: Every motor vehicle having a seat or saddle for the use of the rider and designed to travel on not more than three (3) wheels in contact with the ground, but excluding a tractor, OFFICIAL TRAFFIC -CONTROL DEVICE: All signs, signals, markings and devices not inconsistent with this chapter placed or erected by authority of the City Council or official having jurisdiction, for the purpose of regulating, warning or guiding traffic. OPERATOR: Any person who operates or drives a motor vehicle motor -driven cycle or motore-cle. OWNER: Any person owning or renting a motor vehicle or other vehicle, or having the exclusive use thereof tinder a lease or otherwise, for a period of greater than thirty (30) days. PARK: When prohibited, means the standing of a vehicle whether occupied or not, otherwise than temporarily for the purpose of and while actually engaged in loading or unloading. PEDESTRIAN: Any person afoot. POLICE OFFICER.: Every officer of the Municipal Police Department or any officer authorized to direct regulate traffic or to make arrests for violations of traffic regulations. PRIVATE ROAD OR DRIVEWAY: Every way or place in private ownership and used for vehicular travel by the owner and those having express implied permission from the owner, but not by other persons. PROPERTY LINE: An imaginary line extending from a corner of a building or property adjoining any one of the corners of a street intersection to the similar corner of the building or property on the opposite side of the street. PUBLIC HIGHWAY: Any highway, road, street, avenue, alley, driveway, boulevard, or other place built, supported, maintained, controlled or used by the public, or by the City, for the use of the public as a highway, or for the transportation of persons or freight, or as a place of travel or communication to or from different localities within the City. RAILROAD: A carrier of persons or property upon cars operated upon stationary rails. RAILROAD SIGN OR SIGNAL: Any sign, signal or device erected by authority of a public body or official or by a railroad and intended to give notice of the presence of railroad tracks or the approach of a railroad train. RAILROAD TRAIN: An Aeaffl engine, elee4r� with or without cars coupled thereto, operated upon rails. RIGHT-OF-WAY: The privilege of the immediate use of the roadway. ROADWAY: That portion of a highway improved, designed or ordinarily used for vehicular travel, exclusive of the berm or shoulder. In the event a highway includes two (2) or more separate roadways, the term "roadway" as used herein shall refer to any such roadway separately but not to all such roadways collectively. SAFETY ZONE: The area. or space officially set apart within a roadway for the exclusive use of pedestrians and which is protected or is so marked or indicated by adequate signs as to be plainly visible at all times while set apart as a safety zone. SCHOOL BUS: Every motor vehicle owned by a public or governmental agency and operated for the transportation of children to or from school or privately owned and operated for compensation for the transportation of children to or from school. SIDEWALK: That portion of a street between the curb line, or the lateral lines of a roadway, and the adjacent property Hines, intended for use of pedestrians. STAND OR STANDING: Means the halting of a vehicle, whether occupied or not, otherwise than for the purpose of and while actually engaged in receiving or discharging passengers. STOP: When required, means complete cessation of movement. STOP OIL STOPPING: When prohibited, means any halting even momentarily of a vehicle, whether occupied or not, except when necessary to avoid conflict with other traffic or in compliance with the direction of a police officer or traffic -control sign or signal. STREETS: The entire width between the boundary lines of every way publicly maintained when any part thereof is open to use of the public for purposes of vehicular travel. THROUGH HIGHWAY: Every highway or portion thereof on which vehicular traffic is given preferential right-of-way, and at the entrances of which vehicular traffic from intersecting highways is required by law to yield right-of-way to vehicles on such through highways in obedience to either a stop sign or a yield sign, when such signs are erected or may be erected as provided in this chapter. TRAFFIC -CONTROL SIGNAL: Any device, whether manually, electrically or mechanically operated, by which traffic is alternately directed to stop and to proceed. TRAILER: Every vehicle with or without motive power, other than a pole trailer, designed for carrying property and for being drawn by a motor vehicle and so constructed that no part of its weight rests upon the towing vehicle. VEHICLE: Every device in, upon or by which any person or property is or may be transported or drawn upon a highway, excepting devices moved by human power or used exclusively upon stationary rails or tracks. WORDS: In the present tense, shall include the future tense; and in the masculine shall include the feminine and neuter genders; and in the singular shall include the plural; and in the plural shall include the singular. . . . . . . . . . . ........... • M M rgzugx-ow-*� vjm".A u ® %hell the -the . �. epaif Fl `3crV9u"y—sA; -FA—A f'['e {-ea PY, n . ---------- ,-:Zz= ZZ NNW— UMAI.&UZ.— ................ 11 17-51 Regulation by Police Officers. All. members of the Police Department are hereby authorized and empowered, under the direction and control of the City _Manager Mayef, to regulate, direct and restrict the parking of vehicles of any Zn character on any public street, avenue or alley within the City. 17-53 Angle and Parallel Parking Permitted on Certain Streets. Except when actually engaged in loading or unloading con-unodi ties, all vehicles shall be parked at an angle with the curb on: AAqF,4-AA&4*i&AV-L-sF e West to 2 d Ave East and B. On 2'd Ave East from I" Street East to 3d Street East All other parking within the City limits shall be parallel with the curb. MMIMM� �: A. Established: The Chief of Police, with the consent of the City Council a*d-apr-jf&,,�- �yof, may establish loading zones on any of the streets or in any public park of the City. Such zones shall be for temporary parking while loading or unloading of persons, merchandise or commodities and may be used only for such purpose; the location and boundary of same shall be clearly marked with appropriate signs or by markings on the street surface or curb adjacent thereto. 1� B. Conditions, Limitations Determined: Conditions and limitations of use of a loading zone as to duration, times of day and purpose shall be determined when same is established; any such conditions or limitations shall be included in the signing or marking of the space set aside as a loading zone. It is unlawful to use an established loading zone except in accord with the conditions and limitations of its establishment and signs or marking. C. Use: A loading zone established in accord herewith, may be used by any person, subject only to the conditions and limitations as have been imposed in accord with subsection B of this section, D. Registered Owner Violator: In any prosecution charging a violation of this section, proof of the identity of the registered owner of the vehicle found in violation thereof shall create a prima facie presumption that such registered owner was the person who parked such vehicle at the time and place where the violation occurred. - — - - - - - - - - &uffday-'S' oFr-aNe+we& Mend"" eff-4fe4g Tiif-�' eff-R-V�I' W- A ..eisdfty�i hufsdays Fr-i�� eff-stfee4-s Sftt�af day-R eAi-TkVefI7He-6Y ... ...... 17-7 Certain Parking Violations as Civil Infractions. dill parking violations, except handicapped parking violations, fe -e 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. - -. _ — _..a,1111-1 r, r—wx 1 ...,.wravxa v.. — — —. — .xx..aax xu— —.11-1a.,ax.,. 1—_1 __.__1- Ct__`•._._ 1+%Cd _-1.•._ _ .• 1. .. vvve. xae� •vxxavavv �uaaaw.a wa ssaweae.w+. �, av,.wxis, a v,.aavr e.e.asaaxvaasazvaae, xavaxeswiz, v4�txxasbves uax Ws✓a. 63 v+.i ba¢Jsl a vs� iZ ",4 r. .,. 4.. .,1 .-• n.4; 1'°� %ri .r.� 41c; a•+; nlae , • ,,�f� a rtl at• �•, i,+, ra„ 1� �� t,�¢t•e, [L.6.. } , -RA.. Civil citations for parking violations enumerated in this section may be issued by an authorized official of the Kalispell Police Department. CB. A civil citation issued under this section may be served either by personal service, or by certified mail addressed to the defendant at the defendant's last known address, or by publication as provided in rule 4D(5) of the Montana rules of civil procedure. The citation must serve as notification that a municipal infraction has been committed and must contain the following information: 1. The name and address of the violator (i.e., the defendant); 2. The name or description of the infraction attested to by the officer issuing the citation.; 3. The location and time of the infraction; 4. The amount of civil penalty to be assessed or the alternate relief sought, or both; 5. The manner, location, and time in which the penalty may be paid; 6. The time and place of court appearance; and 7. The penalty for failure to appear in court. 44Q. Municipal infraction proceedings shall be conducted in accordance with procedures set forth for such infractions under State law. ETA. The civil penalties for proved violations of the municipal infractions set forth in this section shall not exceed three hundred dollars ($300.00) for each violation, or if the infraction is a repeat offense, a civil penalty not to exceed five hundred dollars ($500.00) for each repeat violation. 17-82-2 Parking for Handicapped; Notice of Designation. Notice of designation of handicapped person parking spaces shall be given by the posting of appropriate signs therein in the form and as required by Montana State law. 17-84 Construction and Purpose. A. This article shall be constructed. as a supplement to the general traffic ordinance and all other ordinances of the City regulating traffic, parking, and the use of streets, effe"'% ¢''P� �,�t �, except insofar as modified by the provisions hereinbefore or hereafter exercised by the City under any ordinance, rule or regulation restricting or prohibiting parking, independent of time limits, or regulation restricting or prohibiting parking, independent of time limits, shall in no manner be affected by this article or any of the provisions thereof. B. The purpose of this article is to assist in the regulating of parking meler-i and it shall be so construed. C. Nothing in this article shall be construed as prohibiting the City from providing for free or restricted parking space. ffatuf e-. -117 00 gpsted AFea-Designatedw. ii;engested-ffaffie afea, 11--f G. F-I Fst ijGefA-ef--" wee4-. D. Seeend AveRue-West-j"11, r f fir IS M3,M] a' 4 Fifs�' Slweet 17- 6 Installation and Control. The _ Chief of Police, or his designee is hereby authorized °���nde; to place, install and remove parking meters upon the curb side or in the immediate vicinity of individual parking places designated and marked off where parking is restricted.. �� ,� ��. Such meters shall be under the management, supervision and control of the Chief of Police or his 1.7-87 Method of Using Spaces Generally. A. Money Deposited: Whenever a vehicle shall be parked in an individual parking space, where a parking meter has been installed, the person parking such vehicle shall deposit: such money into the parking meter as directed in writing on such meter. B. Length of Time Determined: The Chief of Police, upon consultation with the Parking Advisory Committee and approval of the City Council ri ; ,¢ �- i an ,.;ta +a,� - nag h shall; determine the length of time and the deposit required r parking is r i-s& in any individual parking space for which a meter is installed, u en4he-depos'+ o ei . Notice to the public shall be given by appropriate signs setting forth the length of time for which parking is permitted and the conditions thereof. These may be upon the parking meter stand or in the immediate vicinity. Any vehicle which remains in an individual parking space after the prescribed time for parking is hereby determined to be illegally parked, but in no event shall it be considered illegally parking if the meter display signal shows that a proper deposit has been made for such parking. 9 Y m-`r�ax� _ fsrai. L � "'ccicaa-zaa�.,aspuaaci%a�-a'r'r-rras iizr� .. .$�.:' 17-88 Designation and Marking of Spaces; Parking Within Spaces. The &t - ,4 ° Chief of Police, upon consultation with the Parking Advisory Board is hereby authorized and directed to designate and. mark off such individual parking spaces as he or she deems proper along the streets in the congested traffic area for the parking of vehicles. At each place where individual parking is so marked off, each vehicle shall be parked entirely within an individual parking space. 17-89 Illegal Parking Generally; Evidence. All parking is prohibited in any parking space where a meter is installed which displays a signal showing that parking is not permitted, unless a deposit, as desi hated in the hosted notice sae is made as herein provided. Any vehicle parked in contravention of this provision shall be deemed to be illegally parked under the provisions of this article. The fact that a vehicle is in an individual parking space when the time signal on the meter for the same shows no parking permitted, unless a deposit of a proper coin is made as herein provided, p Z� shall be deemed prima facie evidence of the unlawful parking of such motor vehicles by its operator or owner, either or both. 17-91 Injury to or Tampering With Meters. It shall be unlawful and a violation of the provisions of this article for any person to deface, iqju-.e, tam -per with, open, operate with a slug or other device or wilfully break-, destroy or impair the usefulness of any parking meter installed under the provisions of this article. - u 9 f 1. TTS1V133V�L J .. y t,rt�ufi dart „«,` to .� <.an.-1, �rt.�a' '! (1 -fiaL,` !"� .2 � PS 9 P 6.. Yy k14� p]dAY1Z3ddiYZ'�Tt—QAS L1 :Ji7i�LTLZ�'�CaS2EMi.