It shall be unlawful for any person to distribute any circulars, cards or any other printed or written matter in any park or public grounds, excepting programs of concerts or entertainments as directed by the Board of Park Commissioners given therein.
(R.O. 1947 § 958)
No bawdyhouses or house of ill fame shall be kept or maintained within the City; and no person shall keep such house or be an inmate of, or in any way be connected with any such house, and no person shall permit any tenement building or premises in his or her possession or under his or her control to be used for any such purpose.
(R.O. 1947 § 903)
It shall be unlawful for any minor under the age of 17 years to loiter, idle, wander, stroll, operate a motor vehicle or play in or upon the public streets, highways, roads, alleys, parks, playgrounds or other public grounds, public places and public buildings, places of amusement and entertainment, vacant lots or other unsupervised places between the following described hours:
A. 
During School Term: During regular school term:
1. 
10:30 p.m. to 6:00 a.m. or sunrise the following day on Sunday through Thursday.
2. 
1:30 a.m. to 6:00 a.m. or sunrise, whichever occurs first, on Saturday or Sunday and a regular school holiday.
3. 
As a general rule, the curfew hours of 10:30 p.m. to 6:00 a.m. or sunrise the following day, whichever occurs first, shall be in effect on any night preceding and the morning of a school day the same as Sunday through Thursday described above.
B. 
Not During School Term: When school term is not in session (summer, recess and vacation periods): 12:00 midnight to 6:00 a.m. or sunrise, whichever occurs first.
(Ord. 796 § 2)
A child under the age of 17 years will be considered to have violated the curfew when he or she is abroad during the curfew hours unaccompanied by a parent or guardian, except when he or she is on his or her way home directly from a school sponsored function, and except when a child is performing duties for his or her parent or guardian and has in his or her possession a signed and dated written note from his or her parent or guardian stating that the child has permission to be abroad at the time and place specified.
(Ord. 796 § 2)
The enforcement of the provisions of Sections 19-4 through 19-6 of this chapter shall be the responsibility of every officer and official whose duty it is to enforce the laws of the State. Any such officer is empowered to stop and question any person abroad during such hours of the curfew upon reasonable grounds to believe that such person is a minor within the age set forth above and if the person is found to be within the age limit, may be detained by the officer until the parent, guardian or other responsible adult is contacted by the officer. The child may be further detained by the officer until the contacted parent, guardian or responsible adult comes to the headquarters of the officer to take custody of the child.
(Ord. 796 § 4)
No person shall be an inmate of or shall keep or maintain within the City a disorderly house or place, or permit to come together at such house or place, persons of evil name or fame, or permit to be committed to any house or place kept or maintained by him or her, any loud or unnatural noise, singing, playing or dancing of a kind and nature offensive or annoying to passersby or to the neighborhood.
(R.O. 1947 § 904)
It shall be unlawful for any person in the City to wantonly disturb any religious or other lawful assemblage, whether at church or any public hall or private house, by rude, profane, obscene or other offensive speech or loud noise or by any rude, offensive and improper behavior, or otherwise.
(R.O. 1947 § 890)
A. 
A person commits the offense of disorderly conduct if the person knowingly, within the limits of the City, disturbs the peace by:
1. 
Quarreling, challenging to fight, or fighting;
2. 
Making unreasonably loud uncustomary noise for that place and time;
3. 
Using threatening, profane, or abusive language;
4. 
Unreasonably impeding vehicular or pedestrian traffic;
5. 
Unreasonably impeding the free ingress or egress to public or private places;
6. 
Disturbing or disrupting any lawful assembly or public meeting;
7. 
Transmitting a false report or warning of a fire or other catastrophe in a place where its occurrence would endanger human life;
8. 
Creating a hazardous or physically offensive condition by any act that serves no legitimate purpose;
9. 
Willfully discharging a firearm in a public place or on private property, 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.
B. 
No person shall permit any disturbance, described in this section, upon premises owned or occupied by him or her.
C. 
A person convicted of the offense of disorderly conduct shall be subject to the penalties enumerated in Kalispell Municipal Code Section 1-9.
(Ord. 1777, 10-17-2016)
No person shall alter, change, molest, connect with or in any manner interfere with any wire or water pipe placed in position for transmitting electricity or conducting water, or through which water or electricity is transmitted, conducted or held, without the written consent having been previously obtained of the person supplying water or electricity to or through such electric wire or water pipe.
(R.O. 1947 § 960)
A. 
Graffiti Declared a Public Nuisance: The existence of "graffiti," defined as any unauthorized writing, inscription, scratch or other marking, on public or private property is expressly declared to be a public nuisance and, therefore, is subject to the removal and abatement provision as specified in this section.
B. 
Obligation of the Perpetrator: Persons who have defaced public or private property with graffiti shall be charged with the crime of criminal mischief, or appropriate felony if damages exceed $1,000, and shall be required, as a part of their sentence, to pay full restitution to the property owner or the City for the costs of the removal of the graffiti, which may include a reasonable cost for labor.
C. 
Obligation of the Property Owner:
1. 
It is the duty of the owner of record of the property to which the graffiti has been applied to remove the graffiti.
2. 
It is unlawful for any person who is the owner of record of property to permit that property which has been defaced with graffiti to remain defaced for a period exceeding 10 days after service by first class mail of notice of graffiti defacement. The notice shall contain the following information:
a. 
The street address or legal description of the property;
b. 
A statement of finding by the Chief of Police that the property has been defaced with graffiti with a concise description of the defacement, which may include a photograph;
c. 
A statement that the graffiti must be removed within 10 days after receipt of notice and that if the graffiti is not removed within that time the City will declare, through its Chief of Police, the property to be a public nuisance, subject to the abatement procedures set forth in subsection D of this section.
d. 
An information sheet identifying any graffiti removal assistance programs available through the City and private graffiti removal contractors.
D. 
Failure to Comply: Upon failure, neglect or refusal to remove the graffiti during the prescribed period, the City shall give notice to the noncomplying property owner. Such notice shall provide the following:
1. 
A statement of finding by the Chief of Police that the noncomplying property owner of record has failed to comply and that defaced property is a public nuisance and that the noncomplying property owner of record is allowed 10 days from the date of notice of noncompliance to remove the graffiti;
2. 
A statement that upon failure to comply, the City may, by its own work forces or by contract, cause the graffiti to be removed and the cost therefor shall be assessed against the noncomplying real property together with an additional administrative cost in the amount of $50;
3. 
That the assessed amount, together with costs shall constitute a lien upon the noncomplying real property and will be taxed as a special assessment against the real property;
4. 
That the property owner may appeal any determination that they have failed to comply with the requirements of this section to the Kalispell Municipal Court.
E. 
Notice: Notice under this section is sufficient if served upon the property owner of record personally or by regular mail to the last known address of the property owner of record or to the last address of the property owner of record as shown on the tax rolls of Flathead County. Upon mailing, the Chief of Police, or designee, shall execute an affidavit of mailing. Notice shall be deemed given when deposited in the United States postal service receptacle.
F. 
Entry Upon Private Property and Abatement Proceedings: Prior to entering upon private property or property owned by a public entity other than the City for the purpose of graffiti removal, the City shall attempt to secure the consent of the property owner of record and a release of the City from liability for property damage or personal injury. If the property owner of record fails to give consent or provide a release of liability, the City shall petition the Kalispell Municipal Court for an order authorizing entry upon private property for abatement purposes and cost recovery for graffiti removal. Upon receiving the petition for abatement, Kalispell Municipal Court shall notice the property owner of record of the filing of the petition and set an evidentiary hearing within 20 days. In the event the Kalispell Municipal Court finds the graffiti to exist and remain unabated, it shall authorize the City to enter upon the noncomplying property and to abate the graffiti and shall assess the costs of removal, as well as an additional fifty dollar ($50.00) administrative fee against the owner of record of the noncomplying property.
G. 
Cost Recovery: Annually the City shall prepare a list of all lots, tracts and parcels of real property within the City from which graffiti was removed by the City but for which it was not reimbursed. This assessment list will be incorporated into a special assessment resolution that shall be presented to City Council for consideration. Upon passage of the resolution, the assessments stated therein shall constitute a special assessment, as provided by Montana Code Annotated 7-1-101 and 7-1-4123.
(Ord. 1584, 9-18-2006)
A. 
Litter Prevention: It shall be unlawful and punishable as provided under this section for any person to deliver any handbills, advertising matter, circulars or cards to or upon any street, sidewalk, public place, public way or private premises in the City, except by being handed to the recipient, placed upon a porch, stoop or entranceway of a building so as to prevent any such articles from being blown about, becoming scattered or in any way causing litter.
B. 
Affixing to Vehicles: It shall be unlawful to distribute handbills, advertising matter, circulars or cards by affixing the same to vehicles parked within the City.
C. 
Notice Not to Distribute: It shall be unlawful to deliver any advertising matter, circulars or handbills to any premises where the owner or occupant has told the distributor or person making deliveries that he or she does not desire to receive such material.
D. 
Responsibility for Violation: If any handbill, advertising matter, circular or card is found to be distributed in violation of this section, the person whose name appears upon the advertisement as the sponsoring party shall be prima facie responsible for such violation and subject to the penalty therefor.
E. 
Fine: Any person found guilty of violating this section shall be fined a sum not to exceed $100.
(Ord. 1080 § I)
The doing of any of the acts herein prohibited is defined to be a nuisance, which may be abated in the manner provided for in Chapter 18 of this Code.
(Ord. 629 § 3)
A. 
Unlawful; Exception: It shall be unlawful for any person to leave or abandon outside of any building or dwelling, or inside any unlocked and unoccupied building, in a place accessible to children, any unattended icebox, refrigerator or any other container of any kind large enough for a child to get in, which is substantially airtight and which has a door that automatically locks when closed so that it cannot be opened by anyone inside such icebox, refrigerator or container; provided, however, that this section does not apply to any such box the door of which is securely locked by padlock or the like from the outside so that the door cannot be opened by children.
B. 
Violation: Any violation of this section shall constitute a nuisance which may be abated as provided in Chapter 18 of this Code, and also any person violating this section shall be guilty of a misdemeanor, punishable as such.
(Ord. 625 §§ 1, 2)
Every person who shall, in the City, wilfully print, publish, edit, issue or knowingly circulate, sell, distribute or display any book, paper, document or written or printed matter, in any form, advocating, encouraging or inciting or having a tendency to encourage or incite, the commission of any offense, breach of the peace or act of violence which shall tend to encourage or advocate disrespect for law or any ordinance of the City, or who shall wilfully speak to another person anything advocating, encouraging or inciting or having a tendency to encourage or incite, the commission of any offense, breach of the peace or act of violence, or which shall tend to encourage or advocate disrespect for law or any ordinance of the City, shall be guilty of the offense of inciting disorder and upon conviction thereof shall be punished as provided in Section 1-9 of this Code.
(R.O. 1947 § 891)
No person within the City shall appear in any public place in a state of nudity or in a dress not belonging to his or her sex or in an indecent or lewd dress or make an indecent exposure of his or her person to commit any indecent, lewd, or filthy act in any place in the City or utter any lewd or filthy words or use any threatening or obscene gesture to or about any other person, publicly, or invite or solicit any passerby to enter any bawdyhouse, house of ill fame or assignation or invite or solicit any person to patronize any bawdyhouse, house of ill fame or house of assignation or exhibit, sell or offer to sell or dispose of in any manner any indecent or lewd book, picture or thing or exhibit or perform any indecent, immoral or lewd play, act or representation.
(R.O. 1947 § 902)
A. 
Definitions: Panhandling.
"Panhandling"
for the purpose of this section, is any solicitation made in person requesting an immediate donation of money or other thing of value. Purchase of an item for an amount far exceeding its value, under circumstances where a reasonable person would understand that the purchase is in substance a donation, is a donation for the purpose of this section. So long as the solicitor is not within 20 feet of an intersection, panhandling does not include passively standing or sitting with a sign or other indication that one is seeking donations, without addressing any solicitation to any specific person other than in response to an inquiry by that person.
B. 
Time of Panhandling: Any person who panhandles after sunset or before sunrise is guilty of a misdemeanor.
C. 
Place of Panhandling: Any person who panhandles when the person solicited is in any of the following places is guilty of a misdemeanor:
1. 
Within 20 feet of any bus stop;
2. 
In any public transportation vehicle;
3. 
Within 20 feet of any street intersection or highway intersection;
4. 
On private property, unless the solicitor has, in his or her possession, permission from the owner or occupant.
D. 
Manner of Panhandling: Any person who panhandles in any of the following manners is guilty of a misdemeanor:
1. 
By coming within three feet of the person solicited, until that person has indicated that he or she does wish to make a donation;
2. 
By blocking the path of the person solicited along a sidewalk or street;
3. 
By following a person who walks away from the panhandler;
4. 
By using profane or abusive language, either during the solicitation or following a refusal;
5. 
By panhandling in a group of two or more persons; or
6. 
By any statement, gesture, or other communication which a reasonable person in the situation of the person solicited would perceive to be a threat.
E. 
Penalty: Any person convicted of the violation of any of the provisions of this section shall be punished as provided in Section 1-9 of this Code.
(Ord. 1729, 7-15-2013)
It shall be unlawful for any person, within the limits of the City, to throw any stick, stone, missile or other thing whereby any property of another shall become broken, injured or destroyed; or to mischievously or maliciously break, injure, mutilate, deface or injure any sign, signboard, window, door, gate, fence, house, outbuilding or parts thereof, or any other property belonging to another.
(Ord. 751 § 1)
Unless otherwise specified in this section, all words will be taken in the objective standard rather than in the subjective, and unless a different meaning plainly is required, the following definitions apply to this section:
Disseminate.
To transfer, distribute, dispense, lend, show, display, exhibit, send, transport or broadcast in exchange for consideration.
Material.
Any book, magazine, newspaper advertisement, pamphlet, poster, print, picture, figure, image, drawing, description, motion picture film, phonographic record or recording tape, videotape, or other tangible thing capable of producing or reproducing an image, picture, sound or sensation through sight, sound, or touch.
Obscene.
Any material or performance, whether through pictures, photographs, drawings, writings, cartoons, recordings, films, videotapes or other such medium, which:
1. 
The average person, applying contemporary community standards, would find the material or the performance, taken as a whole, appeals to the prurient interest; and
2. 
The material or performance depicts or describes, in a patently offensive way, sexual conduct, sadomasochistic sexual abuse, or lewd exhibition of the genitals; and
3. 
The material or performance, taken as a whole, lacks serious literary, artistic, political or scientific value.
Performance.
Any motion picture, film, videotape, played record, phonograph, or tape broadcast, preview, trailer, play, show, skit, dance, or other exhibition performed or presented to or before an audience of one or more, or transmitted by means of an electrical, radio, television, telephonic, or other communicative device or facility to a known closed or open circuit audience of one or more persons or to the general public.
Person.
Any individual, corporation, company, partnership, firm, association, business, establishment, organization or other legal entity of any kind.
Prurient.
A lustful, lascivious, erotic, shameful, or morbid interest in sexual conduct, sexually explicit nudity, sadomasochistic sexual abuse, or lewd exhibition of the genitals. Materials or performances may be deemed to appeal to the prurient interest when they have a tendency to excite lustful thoughts or lascivious desires, or when they are designed, marketed, promoted or disseminated to cater or appeal to such an interest. Where the material or performance is designed for and primarily disseminated or promoted to a clearly defined deviate sexual group, rather than the public at large, the prurient appeal requirement is satisfied if the dominant theme of the material or performance, taken as a whole, appeals to the prurient interest in sex of the members of that intended and probable recipient group.
Sadomasochistic sexual abuse.
Actual or simulated flagellation, rape, torture, or other physical or sexual abuse, by or upon a person who is nude or partially denuded, or the condition of being bound, fettered or otherwise physically restrained, for the actual or simulated purpose of sexual gratification or abuse as represented in the context of a sexual relationship.
Sexual conduct.
Ultimate sexual acts, normal or perverted, actual or simulated, involving a person or persons, or a person or persons and an animal, including acts of masturbation, sexual intercourse, fellatio, cunnilingus, anilingus, or physical contact with a person's nude or partially denuded genitals, pubic area, perineum, anal region, or, if such a person be female, a breast.
(Ord. 1150, 6-4-1990)
A person commits the offense of disseminating obscene material when with knowledge of the general nature and character of the material involved, he or she:
A. 
Purposely or knowingly disseminates obscene material;
B. 
Knowing or having reason to know that the material will be disseminated, purposely or knowingly finances the manufacture or production; produces, manufactures, directs, photographs, poses, acts, or in any way assists in the production, copying or reproduction of visually represented obscene material or advertisements for any obscene material.
(Ord. 1150, 6-4-1990)
It is an affirmative defense to charge under this section that the material or performance involved was disseminated or promoted for a bona fide medical, psychological, legislative, judicial or law enforcement purpose, by or to a physician, psychologist, psychiatrist, legislator, judge, prosecutor, law enforcement officer, or other person having a bona fide interest in such material or performance.
(Ord. 1150, 6-4-1990)
A person convicted of the offense of disseminating obscene material, or otherwise violating any provision of Sections 19-19-2 through 19-19-4 of this chapter, shall be punished as provided in Sections 1-9 and 1-10 of this Code.
(Ord. 1150, 6-4-1990)
A. 
Prohibited Conduct: No threatening, abusive, or disorderly conduct or behavior or breach of the public peace that is defined as a criminal offense pursuant to MCA Title 45 shall be allowed in or upon any park or public grounds.
B. 
Alcohol Use: Except under the auspices of a special public event permit, no person shall take into or upon any park, nor into or upon any public grounds, any alcoholic beverages, either for consumption, or for sale to others in such park or public grounds, nor shall any person give away or in any way dispose of any alcoholic beverages in or upon any park or public grounds.
C. 
Removal of Person: Any intoxicated or disorderly person or any person doing an act injurious to the park or public place in which he or she then is or who is in the act of violating any rules or regulations of the City, may be removed from such park or public place by any police officer of the City.
D. 
Hours: All City parks, except the Kalispell Parkline, shall be posted as open at 6:00 a.m. every day and closed at 11:00 p.m. every day. The Kalispell Parkline Park shall be posted as open at 6:00 a.m. every day and closed at 2:00 a.m. every day, except for the purposes of travel upon the improved trail surface which shall remain open unless closed for maintenance or emergency purposes. Otherwise, it shall be unlawful for any person to remain in any City park during the time when it is closed.
E. 
Park Structures: Use of any and all covered City park structures by any person be limited in time to no more than 150 cumulative minutes of use within one calendar day. Any use of a covered City park structure exceeding 150 cumulative minutes within a calendar day requires that the user acquire a permit or reservation.
F. 
Park Access Restricted: Upon making a finding of guilty to a violation of any portion of this section, the Municipal Court Judge may, in addition to all other sanctions permitted, order that the violator be restricted from access to any of the City parks for a period of up to 180 days.
G. 
Woodland Skate Park: The rules and regulations of the Woodland Skate Park shall be posted in a clearly visible portion of the skate park, stating that the skate park is not supervised and participants shall skate at their own risk. The rules and regulations of the skate park are as follows:
1. 
All participants must wear appropriate safety gear. CSA approved helmets and footwear are mandatory. Helmets must fit properly with straps fastened. Pads, gloves and guards are strongly recommended.
2. 
The surface is extremely dangerous when wet; the park will be closed during inclement weather or if surface and equipment are wet.
3. 
Alcohol, drugs and tobacco are prohibited in and around this facility.
4. 
All food and drinks are prohibited inside the fenced area. Please use trash containers to keep your park clean and safe.
5. 
No animals are allowed inside the fenced skate park area.
6. 
Skateboards, BMX bikes, and in-line skates allowed only during designated times.
7. 
Children under the age of 10 years old must be accompanied by an adult.
8. 
Due to safety concerns, spectators who are not skating may not enter the skate park while activity is in progress and must remain outside the fence.
9. 
Hours of operation are from one-half hour before sunrise to one-half hour after sunset unless otherwise posted. The Department of Parks and Recreation reserves the right to change the schedule as necessary. (See posted hours of operation.)
10. 
Vandalism, including graffiti and tagging is strictly forbidden.
11. 
Additional ramps, jumps or obstacles are not allowed in the park. No modifications to the skating surfaces or features are allowed. Skating is restricted to the park and its features specifically designed for that purpose.
12. 
The Parks and Recreation Department of the City of Kalispell reserves the right to close the Woodland Skate Park for a determined period of time should any issue at the skateboard park become dangerous to the general public, and/or unmanageable by the Department of Parks and Recreation. Those found inside the locked fence during periods of closure will be deemed guilty of criminal trespass and subject to removal and restriction as set forth in subsections C and E of this section.
(R.O. 1947 §§ 899—901; amd. Ord. 1364, 10-2-2000; Ord. 1466, 7-7-2003; Ord. 1492, 3-1-2004; Ord. 1663, 6-15-2009; Ord. 1664, 6-15-2009; Ord. 1725, 6-17-2013; Ord. 1855, 3-1-2021; Ord. 1901, 2-21-23)
A. 
Nuisance Declared: The practice of going in and upon private residences in the City by solicitors, peddlers, hawkers, itinerant merchants or transient vendors of merchandise, not having been requested or invited to do so by the owner or occupant of such private residences, for the purpose of soliciting orders for the sale of goods, wares and merchandise or for the purpose of disposing of or peddling or hawking the same is hereby declared to be a nuisance and punishable as such as a misdemeanor.
B. 
Exception: The provisions of this section shall not apply to persons employed by or representing business firms or corporations located and regularly doing business in the City or to farmers selling any food items raised or produced by themselves.
(Ord. 647 § 3)
It shall be unlawful for any person to steal, take, carry, lead, drive or entice away the goods or personal property of another, under the value of $50, with intent to deprive the owner of the possession thereof.
(Ord. 750 § 1)
It shall be unlawful for any person to paste, paint, post or affix any placard, bill, notice or sign upon any structure, utility pole, sidewalk, curb or within any part of any park or public grounds.
(R.O. 1947 § 957)
It shall be unlawful for any person to wilfully, maliciously or unnecessarily break, cut, tear down, destroy or in any manner injure any property of any kind belonging to the City or any public building or schoolhouse or any plant, vine, tree or shrubbery on public grounds.
(R.O. 1947 § 951)
No child under the age of 18 years shall catch hold of any railroad car or other mobile railroad equipment while the same is in motion or ride on the steps of such railroad car or other mobile railroad equipment or run along by the side of such railroad car or other mobile railroad equipment while the same is in motion near enough thereto to be in danger of being caught by the wheels in case such child should fall.
(R.O. 1947 § 924)
It shall be unlawful for any person to place or cause to be placed any obstruction upon the track of any railway company within the limits of the City.
(R.O. 1947 § 930)
No person shall resist, obstruct or molest any officer of the City in the performance of any official duty whatsoever.
(R.O. 1947 § 886)
It shall be unlawful to erect or maintain or allow to remain in existence in or in connection with any restaurant or other eating place, either as a part or as an adjunct thereto, or in any floor or in any basement of any restaurant or other eating place, any box, private apartment or screen of any kind; provided, that this section shall not prevent the use of separate dining rooms in hotels or prevent the serving of meals in the guest rooms of hotels and boarding houses.
(R.O. 1947 § 913)
It shall be unlawful for any person or the agent of employee of any person owning or conducting any place of business wherein is kept any pool table, billiard table or bagatelle table to place in front of the room or across the inside of the room, wherein is kept any such pool table, billiard table or bagatelle table for hire or gain, any screen, blind, curtain, shutter, painted, colored or ground glass or any article of furniture or any obstruction that would prohibit the view of such pool table, billiard table or bagatelle table from the street in front of such room or place of business wherein is kept any of the tables above described.
(R.O. 1947 § 916)
It shall be unlawful for any person or agent or employee of any person owning or conducting any place of business wherein beer or intoxicating liquor, either or both, is sold to or kept for sale to the public, to place in front of or across the inside of any bar room or tap room wherein beer or intoxicating liquors are so kept for sale or sold, or across or in front of the windows or doors of or into such room, any screen, blind, curtain, shutter, painted, colored or ground glass or any article of furniture or any obstruction that would prohibit or prevent the view of such bar room or tap room from the street past or in front of such room or place of business during any hours or days or other periods of time when by State law or City ordinance any such place of business is required to be closed and sales of beer or liquor therein prohibited.
(R.O. 1947 § 918)
It shall be unlawful for any person to throw or cast any stone or any other missile within any park or public grounds.
(R.O. 1947 § 956)
No person shall dump, empty or throw manure, tin cans or other course rubbish or dead animals into any covered or open water ditch, flume or natural watercourse within the limits of the City, nor place or maintain any obstruction of any kind whatsoever within such covered or open ditch, flume or natural watercourse which obstruction shall tend to obstruct or prevent the natural flow of water through the same or collect any rubbish or debris.
(R.O. 1947 § 941)
It shall be unlawful for any person, except a peace officer in the discharge of his or her official duty, to carry or bear concealed upon his or her person any dirk, dagger, pistol, revolver, slingshot, brass knuckles or other dangerous or deadly weapon, unless such person is in possession of a current and valid permit issued to such person by the clerk of the district court of any county in Montana authorizing such person to carry concealed upon his or her person a pistol or revolver.
(R.O. 1947 § 920; amd. Ord. 755 § 1)
A. 
Definitions:
Component part.
Any identifiable part of a discarded, ruined, wrecked, or dismantled motor vehicle, including, but not limited to, fenders, doors, hoods, engine blocks, motor parts, transmissions, frames, axles, wheels, tires, and passenger compartment fixtures.
Junk vehicle.
A discarded, ruined, wrecked, or dismantled motor vehicle, machinery, trailer or parts thereof (including component parts) that is inoperative or incapable of being driven and which has any one or more of the following characteristics:
1. 
Lacks an engine, wheel, tire, properly installed battery or other structural part which renders the vehicle inoperable for use as designed by the manufacturer;
2. 
Has a broken or missing fender, door, bumper, hood, steering wheel, trunk top, trunk handle, tail pipe, muffler, driver's seat, fuel tank, driveshaft, differential, generator, or alternator;
3. 
Has heavy growth of weeds or other noxious vegetation over eight inches in height under or immediately next to it;
4. 
Contains junk, garbage, refuse, gasoline or fuel other than in its fuel tank, paper, cardboard, wood or other combustible materials, solid waste, or other hazardous material in it or is primarily used for storage of any materials;
5. 
Has become a source of danger for children through possible entrapment in areas of confinement that cannot be opened from inside, through a danger of the vehicle falling or turning over, or through possible injury from exposed surfaces of metal, glass, or other rigid materials;
6. 
Has become a potential source of contamination of the soil from petroleum products or other toxic liquids being discharged or leaking from the vehicle;
7. 
Has become illegal to operate on the public streets because it is missing one or more parts required by law; or
8. 
Because of its defective, deteriorated, or obsolete condition, in any other way constitutes a nuisance or a threat to the public's health or safety.
Public view.
Any point within the public right-of-way, or private road or alley, from which junk vehicles can be seen.
Shielding.
The construction or use of fencing or man-made or natural barriers to conceal junk vehicles from public view. The use of plastic tarps does not constitute shielding under this section.
B. 
Unlawful: No junk vehicle or component part shall be placed on or allowed to remain on any premises in the City exposed to the public view.
C. 
Exception: This section shall not be construed to prevent any occupant of any premises from repairing his or her motor vehicle on his or her premises even though exposed to public view, as long as he or she pursues his or her work to completion with reasonable diligence not to exceed 60 days.
D. 
Responsibility for Violation: The occupant of any premises shall be responsible for any violation of this section; the head of the household shall be deemed to be the occupant. In the case of vacant or unoccupied premises, the owner thereof shall be responsible for any violation of this section.
E. 
Wrecking and Junk Yards: This section shall apply to all automobile wrecking and junk yards, except to the extent permitted in industrial districts by the zoning chapter.
F. 
Inspection; Notice of Violation: It shall be the duty of the City Manager or designee to inspect the City at reasonable intervals and cause written notice of any violation of this section to be given to the occupant of any premises or to the owner of unoccupied premises which are in violation of this section, who shall have 10 days after the service of such notice within which to comply with this section. The notice may be personally served on the head of such household, or owner if the premises are unoccupied, or may be served by registered mail addressed to the head of such household, or owner of unoccupied premises, at his or her address on such premises, or at such other address as he or she may personally reside.
G. 
Violation; Nuisance: Any violation of this section shall be charged with a civil infraction to be prosecuted under the provisions of Chapter 1, Article 2 of the Kalispell City Code which remedies may include fines as well as an order of abatement.
(Ord. 1581, 8-7-2006; amd. Ord. 1666, 7-20-2009; Ord. 1935, 5/5/2025)
A. 
Purpose: Public areas should be accessible and available to residents and the public at large for their intended uses. The unauthorized use of public property for the storage of excessive personal property interferes with the rights of other members of the public to use public areas for their intended purposes, including those with accessibility issues, and can create a public health or safety hazard that adversely affects residential and commercial areas. The purpose of this chapter is to maintain public areas in a clean, sanitary, and accessible condition to prevent the misappropriation of public areas for personal use, and to promote the public health and safety by ensuring that public areas remain readily accessible for their intended uses.
B. 
Definitions: As used in this chapter, the terms are defined as follows:
Excessive.
More than what a reasonable person would carry with them as the most rudimentary precaution or for the enjoyment or use of the public property or an amount of property that will interfere with another's use of public property.
Person.
Any natural person or individual, group, business, business trust, company, corporation, partnership, entity, association, club, or organization composed of two or more individuals.
Personal property.
Any and all tangible things or property, including, without limitation, goods, materials, products, and merchandise or food of any kind.
Public property.
That portion of any public area or public areas within the City that are owned, managed, controlled, or maintained by the City, including, without limitation, any park, parking lot, street, alley, median strip, space, ground, building, structure, sidewalk, avenue, highway, curb, bikeway, or any right of way or other public way in the City, improved or unimproved.
Store.
To put aside or accumulate for use when needed, or to put for safekeeping, and/or to place or leave or lay away in a location for preservation or later use or disposal, separate and apart from being carried, kept, or stored upon one's person.
C. 
Prohibited Conduct: It is unlawful for a person or persons to place, store, or maintain excessive personal property on public property and in a manner that:
1. 
Deprives another the use of the same property;
2. 
Creates a health or sanitation issue;
3. 
Creates an obstruction; or
4. 
Causes a public area to be uninviting to others.
D. 
Violation; Penalty: Any violation of the restrictions set forth in this section may be treated as a municipal infraction as provided in Section 1-12 of this Code, and the person violating the restrictions set forth in this section may be assessed a civil penalty as provided in Section 1-12 of this Code.
E. 
Abandoned Personal Property: Abandoned personal property stored on public property shall be tagged with a date, time, and location, removed to a City owned facility, and held by the City for a period of 30 days or as required by State law during which time the owner may reclaim the personal property. Abandoned personal property that has not been reclaimed within this time frame shall be disposed of by the City.
(Ord. 1899, 2-21-23)
No person shall, in any park or other public grounds, erect, maintain, use or occupy any tent, lodge, shelter, structure or unattended installation or display. The following are exempt from this prohibition: (A) City structures and installations; and (B) other installations or displays authorized in conjunction with a special event when a permit or reservation has been issued by the City.
(Ord. 1900, 2-21-23)
A. 
Purpose: It is the intent of this section to:
1. 
Enhance the safety of pedestrians and motor vehicle occupants on public roadways and public parking lots within Kalispell City limits; and
2. 
Assure the free, orderly, and undisrupted movement of motor vehicles on public roadways within Kalispell City limits; and
3. 
Ensure that transfers between pedestrians and motor vehicle occupants within Kalispell City limits are undertaken in an orderly manner and do not create motorist distraction, frustration, annoyance, or hostility.
This section is intended to apply evenhandedly to all persons who engage in the activities proscribed regardless of their intent or any message they may be attempting to communicate incidental to the proscribed activity.
B. 
Definitions: For purposes of this section, the following definitions shall apply:
Roadway.
The paved portion of all public rights-of-way within Kalispell City limits excluding sidewalks and medians.
Legally parked.
A vehicle that is standing, stopped, or otherwise appropriately parked in an area designed or legally authorized for parking.
C. 
Prohibited Conduct: It is unlawful for a person:
1. 
While a pedestrian, to accept, take, or otherwise obtain possession or control of any money or personal property from a person within a motor vehicle while that motor vehicle is within a roadway or on publicly owned property used as an entrance or exit to a roadway; or
2. 
While a pedestrian, to give, hand over, or relinquish possession or control of any money or personal property to a person within a motor vehicle while that motor vehicle is within a roadway or on publicly owned property used as an entrance or exit to a roadway; or
3. 
While a driver or passenger in a motor vehicle in a roadway, or on publicly owned property used as an entrance or exit to a roadway, to give, hand over, or relinquish possession or control of any money or personal property to a pedestrian; or
4. 
While a driver or passenger in a motor vehicle in a roadway, or on publicly owned property used as an entrance or exit to a roadway, to accept, take or otherwise obtain possession or control of any money or personal property from a pedestrian.
5. 
Notwithstanding anything to the contrary in this section, the activities proscribed by this section shall not be unlawful if:
a. 
Such actions are required as the result of a traffic accident, medical emergency, or similar exigent circumstances; or
b. 
Such actions are directed by a peace officer or authorized traffic control officer in the course of their official duties; or
c. 
The transaction is undertaken after the motor vehicle has been legally parked.
D. 
Penalty: Any person convicted of the violation of any provisions of this section shall be punished as provided in Section 1-9 of this Code.
(Ord. 1905, 4-3-2023)