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.
Mayor and City Council.
The Mayor and City Council of the City of Kalispell.
Month.
A calendar month.
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.
Preceding, following.
Next before and next after, respectively.
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.
Writing.
Shall include printing.
Year.
A calendar year.
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.
A. 
The repeal of an ordinance shall not revive any ordinance in force before or at the time the ordinance repealed took effect.
B. 
The repeal of an ordinance shall not affect any punishment or penalty incurred before the repeal took effect, nor any suit, prosecution or proceeding pending at the time of the repeal, for any offense committed under the ordinance repealed.
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)
A. 
A municipal infraction is a civil offense and for a proven violation, a civil penalty may be imposed.
B. 
For a first violation, a civil penalty of not more than $300 shall be imposed.
C. 
For each repeat violation, a civil penalty not to exceed $500 shall be imposed.
D. 
Seeking a civil penalty as authorized in this article does not preclude the City from seeking alternative relief from the court in the same action.
(Ord. 1430, 8-5-2002)
A. 
Any officer who is authorized by the City to enforce a municipal code or regulation may issue a civil citation to a person who commits a municipal infraction.
B. 
The citation may be served on the alleged violator by any one of the following methods:
1. 
Personal service; or
2. 
By certified mail addressed to the defendant at the defendant's last known mailing address, return receipt requested; or
3. 
By publication, in the manner described in rule 4D(5) of the Montana rules of civil procedure.
C. 
A copy of the citation must be retained by the issuing officer and one copy be sent to or filed with the clerk of the Kalispell Municipal Court.
D. 
The citation shall serve as notification that a municipal infraction has been committed and shall contain the following information:
1. 
The name and address of the defendant;
2. 
The name or description of the infraction attested to by the officer issuing the citation;
3. 
The location and time of the infraction;
4. 
The amount of the civil penalty to be assessed or the alternative relief sought, or both;
5. 
The manner, location and time in which the penalty may be paid;
6. 
The time and place of court appearance; and
7. 
The penalty for failure to appear in court.
(Ord. 1430, 8-5-2002)
A. 
If the total amount of civil penalties does not exceed $3,000, the matter shall be tried before the Municipal Court judge in the same manner as a small claim. If the total amount of civil penalties assessed exceeds $3,000, the matter must be tried before a district court judge.
B. 
The City has the burden of proof that the municipal infraction occurred and that the defendant committed the infraction. The proof must be by clear and convincing evidence.
C. 
The court shall ensure that the defendant has received a copy of the charges and that the defendant understands the charges. The defendant may question all witnesses who appear for the municipality and produce evidence or witnesses on the defendant's behalf.
D. 
The defendant may be represented by counsel of the defendant's own choosing and at the defendant's own expense.
E. 
The defendant may answer by admitting or denying the infraction.
F. 
If a municipal infraction is proven, the court shall enter judgment against the defendant. If the infraction is not proven, the court shall dismiss the charges.
G. 
If the person named in the citation is shown to have been served with the civil citation in the proper manner and, without good cause, fails to appear in response to the citation, judgment shall be entered against the person by the court.
(Ord. 1430, 8-5-2002)
A. 
A person against whom judgment is entered shall pay court costs and fees as in small claims court under Title 25, Chapter 35, Montana Code Annotated in addition to the penalties imposed by the court. If the action is dismissed by the court, the City is liable for the court costs and court fees.
B. 
All penalties and forfeitures collected by the court for municipal infractions shall be remitted to the City in the same manner as fines and forfeitures collected for criminal offenses.
C. 
In addition to the imposition of civil penalties authorized by law against a defendant, the City may seek alternative relief from the court in the same action. Alternative relief may consist of any of the following:
1. 
Direct that payment of the civil penalty be suspended or deferred under conditions imposed by the court; or
2. 
Order the defendant to abate or cease the violation; or
3. 
Authorize the City to abate or correct the violation; or
4. 
Order the City's costs for abatement or correction of the violation be entered as a judgment against the defendant or assessed against the property where the violation occurred, or both.
a. 
The amount of costs imposed by the Municipal Court shall not exceed the jurisdictional amount for a money judgment in a civil action under Section 3-11-103, Montana Code Annotated.
b. 
If the City seeks abatement or correction costs in excess of the jurisdictional limit provided in subsection (C)(4)(a) of this section, the matter shall be referred to district court for hearing and entry of an appropriate order. The procedure for hearing in the district court shall be the same procedure as that for a small claims appealed under Section 25-35-803, Montana Code Annotated.
D. 
A defendant who wilfully violates the terms of an order imposed by the court is guilty of contempt.
(Ord. 1430, 8-5-2002)
A. 
The defendant or the City may file a motion for a new trial or may appeal the decision to district court.
B. 
A factual determination made by the trial court, supported by substantial evidence as shown on the record, is binding for purposes of appeal relating to the violation at issue, but is not admissible or binding as to any future violations for the same or similar ordinance provision by the same defendant.
(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)