H1. Ord 1777 - 1st Reading - Disturbing the PeaceCharles 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 406.758.7771
charball@kalispell.com
SUBJECT: Ordinance No. 1777 — An Ordinance Amending the Language
of KMC 19-10 Disturbing the Peace — First Reading
MEETING DATE: September 19, 2016 — Regular Council Meeting
BACKGROUND: On September 12, 2016, at a regularly scheduled workshop, the City
Council reviewed Kalispell Municipal Ordinance 19-10 Disturbing the Peace. The review
came about as the result of frequent general complaints of noise by the public. In its
scrutiny of the ordinance members of the council generally voiced dissatisfaction over the
outdated language of the ordinance and requested that an updated draft be presented for
its consideration.
The draft of the ordinance presented closely resembles the state statute entitled
disorderly conduct. Currently the city law enforcement will generally cite offenders
under the state code rather than the municipal code for two reasons. First, the language
of the state code has been more recently updated to reflect current court approved law.
Second, in the event an offender is convicted and sentenced to jail time, the state pays
the costs of incarceration under violations of the state code, but does not pay such costs
under violations of the city code.
The language of this draft is particularly targeted to the issue of noise and the discussion
of the Council at its work session. In particular it defines the offense as "making
unreasonably loud uncustomary noise for that place and time" within the limits of the
city. While this remains somewhat subjective, it is more definitive than the current
language of the city ordinance or the state statute and can be ultimately determined by
the Municipal Judge as to the reasonableness of the time and place of the noise.
RECOMMENDATION: It is recommended that the Council consider and pass the
offered ordinance to be effective 30 days after passage on second reading,
ALTERNATIVES: Upon consideration of the proposal the Council may reject the
ordinance.
Disorder Conduct Law Memorandum
September 19, 2016
Page - 2
Current Montana State Law
5-8-101. Disorderly conduct. (1) A person commits the offense of disorderly conduct if the person
knowingly disturbs the peace by:
(a) quarreling, challenging to fight, or fighting;
(b) making loud or unusual noises;
(c) using threatening, profane, or abusive language;
(d) rendering vehicular or pedestrian traffic impassable;
(e) rendering the free ingress or egress to public or private places impassable;
(f) disturbing or disrupting any lawful assembly or public meeting;
(g) transmitting a false report or warning of a fire or other catastrophe in a place where its
occurrence would endanger human life;
(h) creating a hazardous or physically offensive condition by any act that serves no legitimate
purpose; or
(i) transmitting a false report or warning of an impending explosion in a place where its occurrence
would endanger human life.
(2) Except as provided in subsection (3), a person convicted of the offense of disorderly conduct
shall be fined an amount not to exceed $ 100 or be imprisoned in the county jail for a term not to
exceed 10 days, or both.
(3) A person convicted of a violation of subsection (1)(i) shall be fined an amount not to exceed
$ 1,000 or be imprisoned in the county jail for a term not to exceed I year, or both.
History: En. 94-8- 101 by Sec. 1, Ch. 513, L. 1973; R.C.M. 1947, 94-8-10 1; amd. Sec. 1, Ch. 508, L. 19 89; amd. Sec. 8,
Ch. 415, L. 1991; amd. Sec. 1693, Ch. 56, L. 2009; amd. Sec. 1, Ch. 250, L. 2013.
Office of City Attorney
City of Kalispell
LAIN I 1:111M VAM01-M1101,
WHEREAS, it is necessary and prudent from time to time to amend certain Kalispell Municipal
Ordinances in order to reflect the current legal standards; and
WHEREAS, the City Council has reviewed the Kalispell Municipal Code 19-10 entitled
"Disturbing the Peace" and finds it to be lacking in clarity and legal substance; and
WHEREAS, it is in the best interests of the City and its residents to amend Kalispell Municipal
Code 19- 10 as reflected in Exhibit "A" attached hereto.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
KALISPELL AS FOLLOWS:
SECTION I. The City of Kalispell Municipal Code codified at 19-10 is hereby
repealed and replaced with the ordinance language as set forth in
Exhibit "A", attached hereto and incorporated fully herein by this
reference.
SECTION 11. The City Attorney is hereby authorized and directed to recodify
these Ordinances.
SECTION 111. 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 OCTOBER, 2016.
Mark Johnson
Mayor
Aimee Brunckhorst, CMC
City Clerk
EXHIBIT "A"
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19-10 Disorderly conduct. (1) A person commits the offense of disorderly conduct if the person
knowingly, within the 'L'M'tS of the City, disturbs the peace by:
(a) quarreling, challenging to fight, or fighting;
(b) making unreasonably loud uncustomary noise for that place and time•
(c) using threatening, profane, or abusive language;
(d) unreasonably impeding vehicular or pedestrian traffic;
(e) unreasonably impeding the free ingress or egress to public or private places•
(f) disturbing or disrupting any lawful assembly or public meeting-
(g) transmitting a false report or warning of a fire or other catastrophe in a place where its
occurrence would endanger human life;
(h) creating a hazardous or physically offensive condition by any act that serves no legitimate
purpose.
(2) No person shall permit any disturbance, described in this section, upon premises owned or
occupied by him or her.
(3) a person convicted of the offense of disorderly conduct shall be subject to the penalties
enumerated in Kalispell Municipal Code 1-9.