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I1. Ord 1777 - Disturbing the PeaceCity of Kalispell Charles A. Harball Office of City Attorney City Attorney 201 First Avenue East P.O. Box 1997 Kalispell, MT 59903-1997 MEMORANDUM TO: Doug Russell, City Manager FROM: Charles Harball, City Attorney Tel 406.758.7709 Fax 406.758.7771 charbalI@kaiispell.com SUBJECT: Ordinance No. 1777 — An Ordinance Amending the Language of KMC 19-10 Disturbing the Peace — Second Reading MEETING DATE: October 17, 2016 — Regular Council Meeting BACKGROUND: On October 3, 2016, at a regularly scheduled meeting, the City Council considered an amendment to 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 In its scrutiny of the ordinance members of the council generally voiced dissatisfaction over the outdated language of the ordinance and requested that an updated draft be presented for its consideration. Therefore the draft ordinance was provided that more closely resembled 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 proposed ordinance was passed on first reading. The Kalispell Police Department has since proposed an additional amendment found at subparagraph (i) now identified with a double red underline. This adds the section, "O willfully dischar,_ iny, a firearm in a_,publ c pdace_lzr on priv to nro�erty,_ except as allowed_under state law in the justified use of force or within a firearm shooting range -permitted under the land. use laws of the city" This amendment reinstated the provision that was in our original ordinance for the discharge of a firearm. 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 Language of Ordinance Passed on First Reading with Proposed Amendment 19-10 Disorderly conduct. (1) A person commits the offense of disorderly conduct if the person knowingly, within the limits 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 ore egress to public or private places; (f) disturbing or disrupting any lawful assembly or public meeting;. (g) transmittiniz 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; i willfully dischar . m _ a firearm in a _ublic - lace or on _rivate rooerty except as allowed under - - — —- g---- �- -_ _�—-T state law in the justified use of force or within a_firearm shooting range permitted under the land use laws_ of the city_ (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. Office of City Attorney City of Kalispell ORDINANCE NO. 1777 AN ORDINANCE AMENDING KALISPELL MUNICIPAL CODE 19-10 ENTITLED DISTURBING THE PEACE, DECLARING AN EFFECTIVE DATE, AND AUTHORIZING THE CITY ATTORNEY TO CODIFY THE SAME. 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 II. The City Attorney is hereby authorized and directed to recodify these Ordinances. SECTION III. 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 ATTEST: Aimee Brunckhorst, CMC City Clerk EXHIBIT "A" -. . - .. M-1 19-10 Disorderly conduct. (1) A person commits the offense of disorderly conduct if the person knowingly, within the limits of the City, disturbs the peace b- (a) quarreling, challenging to fight, or fightingz (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 ore ress to public or private places; (f) disturbing or disrupting any lawful assembly or public meetings (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; (i) willfull- ydischarging a firearm in a publilace or on private_property, except as allowed under state lawn the_lustfied use of force or=with_ in_a firearm shooting range_permitted under - - -- - _ the land use laws of the city_ (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.