The ordinances embraced in the following chapters and sections
shall constitute and be designated as THE CODE OF THE CITY
OF KALISPELL, MONTANA, and may be so cited. The Code may
also be cited as "Kalispell City Code."
In the construction of this Code and of all ordinances, the
following rules shall be observed, unless such construction would
be inconsistent with the manifest intent of the Mayor and City Council:
Bond.
When a bond is required, an undertaking in writing shall
be sufficient.
City.
The words "the City" or "this City"
shall mean the City of Kalispell, in the County of Flathead and State
of Montana, except as otherwise provided.
Computation of time.
The time within which an act is to be done shall be excluding
the first and including the last day; and if the last day be Sunday
or a legal holiday, that shall be excluded.
County.
The words "the County" or "this County"
shall refer to Flathead County, Montana.
Gender.
Words importing the masculine gender shall include the feminine
and neuter.
Joint authority.
All words giving a joint authority to three or more persons
or officers shall be construed as giving such authority to a majority
of such persons or officers.
Keeper and proprietor.
Shall mean and include persons, firms, associations, corporations,
clubs and copartnerships, whether acting by themselves or as a servant,
agent or employee of same.
Number.
Words used in the singular include the plural and the plural
includes the singular number.
Oath.
Shall be construed to include an affirmation or declaration
in all cases in which, by law, an affirmation may be substituted for
an oath, and in such cases the words "swear" and "sworn"
shall be equivalent to the words "affirm" and "affirmed."
Owner.
When applied to a building or land, shall include any part
owner, joint owner, tenant in common, joint tenant or tenant by the
entirety, of the whole or a part of such building or land.
Person.
Shall include a corporation, company, partnership, association
or society as well as a natural person.
Personal property.
Includes money, goods, chattels, things in action and evidences
of debt.
Property.
Shall include real and personal property.
Real property.
Real property shall include lands, tenements and hereditaments.
Sidewalk.
That portion of a street between the curb line and the adjacent
property line intended for the use of pedestrians.
Signature or subscription.
Includes a mark when the person cannot write, his or her
name being written near it and witnessed by a person who writes his
or her own name as witness.
State.
The words "the State" or "this State"
shall be construed to mean the State of Montana.
Street.
Any public ways, roads, highways, avenues, alleys and lanes
within the City.
Tenant, occupant.
When applied to a building or land, shall include any person
who occupies the whole or a part of such building or land, whether
alone or with others.
Time.
Words used in the past or present tense include the future
as well as the past and present.
The catchlines of the several sections of this Code are intended
as mere catchwords to indicate the contents of the sections and shall
not be deemed or taken to be titles of such sections, nor as any part
of such sections, nor, unless expressly so provided, shall they be
so deemed when any such sections, including the catchlines, are amended
or reenacted.
The provisions appearing in this Code, so far as they are the
same as those of ordinances existing at the effective date of this
Code, shall be considered as continuations thereof and not as new
enactments.
It is hereby declared to be the intention of the Mayor and the
City Council that the sections, paragraphs, clauses and words of this
Code are severable, and if any word, clause, sentence, paragraph or
section of this Code shall be declared unconstitutional by the valid
judgment or decree of any court of competent jurisdiction, such unconstitutionality
shall not affect any of the remaining words, clauses, sentences, paragraphs
and sections of this Code, since the same would have been enacted
by the Mayor and the City Council without the incorporation in this
Code of any such unconstitutional word, clause, sentence, paragraph
or section.
The official time for the City is hereby designated as mountain
time. All official business of the City shall hereafter by transacted
and conducted in accordance with mountain time.
A seal in a circular form with the words "THE CITY OF
KALISPELL, MONTANA" on the outer circle and in the interior
and center of such circle, the words "CORPORATE SEAL,"
shall be the seal of the City to be used in all cases in which, by
the laws and customs of nations, it is necessary to use a seal by
a corporation.
(R.O. 1947 § 253)
Except in any case involving the commission of a municipal infraction,
whenever in any provision of this Code or other ordinance of the City
or in any rule, regulation or order promulgated by any officer or
agency of the City under authority vested in him or her or if by law
or ordinance any act is prohibited or is made or declared to be unlawful
or an offense, or whenever the doing of an act is required or the
failure to do any act is declared to be unlawful, where no specific
penalty is otherwise provided for the disobedience of such provision,
ordinance, rule, regulation or order, or whenever said act is done
or not done, as may be prohibited or required, any person upon conviction
for the violation of any such provision of this Code, ordinances,
rules, regulations or orders, or said act or failure to act, as the
case may be, shall be punished by a fine not exceeding $500 or by
imprisonment not to exceed six months, or by both such fine and imprisonment,
for each such offense. Each day any violation of any provision of
this Code or other ordinance, rule, regulation or order, or prohibition
or requirement shall continue shall constitute a separate offense.
(Ord. 1361, 9-5-2000)
A. Judgment
Imposing Imprisonment: Upon rendition of judgment after pronouncement
of a sentence imposing punishment of imprisonment, the court shall
commit the defendant to the custody of the Chief of Police for confinement
as adjudged.
B. Judgment
Imposing Fine: If the judgment is for a fine alone, execution may
issue thereon as a judgment in a civil case.
C. Fine and
Imprisonment: If the judgment is for a fine and imprisonment until
fine be paid, the defendant must be committed to the custody of the
proper officer, and by him or her detained until the judgment is complied
with. The imprisonment must not exceed one day for every $10 of the
fine.
(Ord. 746 § 1; amd. Ord. 834 § 2)
Municipal infraction.
Any violation of this Code, as amended, which has been specifically
declared to be a municipal infraction under provisions of this Code.
Officer.
Any employee or official authorized to enforce provisions
of this Code, as amended.
Repeat violation.
A recurring violation of the same section of this Code. Each
day that a violation occurs or is permitted to exist constitutes a
separate and distinct infraction.
(Ord. 1430, 8-5-2002)
Except for wilful or wanton misconduct on the part of the City,
the issuance of a civil citation for a municipal infraction or the
ensuing court proceedings do not provide an action for false arrest,
false imprisonment, or malicious prosecution.
(Ord. 1430, 8-5-2002)
An action brought by the City for an environmental violation
does not preclude, and is in addition to, any other enforcement action
that may be brought under State law.
(Ord. 1430, 8-5-2002)