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Ordinance 1800 - Amends Ch 17, KMC - Truck SizesORDINANCE NO. 1800 AN ORDINANCE AMENDING CHAPTER 17 OF THE KALISPELL MUNICIPAL CODES ENTITLED MOTOR VEHICLES AND TRAFFIC REGARDING SIZE, HEIGHT, WEIGHT OF TRUCKS, DECLARING AN EFFECTIVE DATE AND AUTHORIZING THE CITY ATTORNEY TO CODIFY THE SAME. 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, pursuant to Kalispell Municipal Code Chapter 17, entitled Motor Vehicles and Traffic, the City of Kalispell regulates, among other things, the size, height and weight of trucks utilizing the City streets for the purpose of ensuring that the street facilities are protected from undue and unnecessary damage, excess wear and tear, and unnecessary hazards to the traveling public; and WHEREAS, the Kalispell City Council finds that the amendments to KMC Chapter 17 set forth in Exhibit "A", attached hereto, are necessary and proper to align with 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 4TH DAY OF DECEMBER, 2017. Mark Johnsln') / Mayor ATTEST: .� Aime Brunckhorst, CMC = 1892 City Clerk EXHIBIT "A" 17-121 Size, Height, Weight of Trucks A. It is unlawful for any person to operate or cause to be operated upon any of the streets, avenues, urban roadways, alleys, or highways within the city any vehicle or trailer or towed vehicles exceeding the limitations provided herein of the Montana Code Annotated Sections 61-10-101 through 61-10-110, 61-10-121 through 61-10-128, and 61-10-141 through 61-10-148 inclusive. B. No person shall operate or cause to be operated any vehicle or trailer or towed vehicle over 16,000 GVW within the city on other than a State roadway except when necessary to traverse city roadways to a destination for purpose of loading or unloading. However, in any event, such deviation shall only be from the state highway to the destination. The deviation may not be on a roadway posted for no truck traffic or on a roadway posted with emergency load restrictions and must be by the safest and shortest route. C. Any person operating a vehicle or equipment upon any city roadway, alley, street structure, or sidewalks shall be liable for all damages sustained by the street or structure as a result of driving or moving such vehicle, whether or not in violation of this or other city ordinance, except where the operator of such vehicle is authorized by special permit issued by the Director of Public Works or the Directors authorized representative. D. The Director of Public Works shall have the authority to impose temporary emergency restrictive regulations as to weight of motor vehicles and loads on city roadways. Temporary weight and load restrictions must be posted on the effected roadways. E. Emergency vehicles and city owned or operated vehicles will be exempt from vehicle size and weight restrictions within the city limits. F. Special Permit for Excess: The operation of vehicles or combinations of vehicles having dimensions or weights in excess of the maximum limits herein designated shall be permitted only as authorized by special permit issued by the Public Works Director or the Director's authorized representative, which permit may be conditioned by the provision of protective measures by the person operating such vehicle. G. Violation of this ordinance shall be a civil infraction and prosecuted under the terms of KMC 1- 11 through 1-17.