E2. Resolution 5738 - Setting Parking FinesCharles A. Harball Office of City Attorney
City Attorney 201 First Avenue East
P.O. Box 1997
Kalispell, NIT 59903-1997
TO: Doug Russell, City Manager
FROM: Charles Harball, City Attorney
Tel 406.758.7709
Fax 406.758.77111
charball@kalispell.corn
SUBJECT: Ordinance No. 1760 and Resolution No. 5738 — Updating Motor
Vehicle Ordinances and Setting Parking Fines
MEETING DATE: September 21, 2015 — Regular Council Meeting
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regarding motor vehicles and traffic are outdated and in need of review and amendment.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 ofthese 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ordinances are merely outdated and not used.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 it, 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 cau-se 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 offered
ordinance and resolution and pass each one.
ALTERNATIVES: Upon consideration of the ordinance and resolution, the Council in
offer amendments as it deems appropriate. I
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