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City OKs law against lodging in cars

by Bret Anne Serbin Daily Inter Lake
| September 18, 2019 2:00 AM

The Kalispell City Council on Monday narrowly approved an ordinance making it a civil infraction to lodge in vehicles on city streets.

The proposal to impose a civil infraction for lodging in vehicles “stemmed from an uptick in complaints and incidents we are finding … [about] recreation vehicles, vans and campers set up that would basically park along the streets in the summer months,” according to City Manager Doug Russell.

He pointed out this practice is currently against the city’s zoning code, so the new civil infraction would simply change the enforcement of this violation.

“It’s already something that is against our current zoning code,” Russell said. “This is just on the enforcement of that.”

Despite the council’s avowed focus on tourists parking their vehicles on city streets, numerous members of the public brought up concerns about the ordinance with regards to the potential impact on individuals experiencing homelessness in Kalispell.

Ryan Hunter, a candidate for City Council in Ward 3, stated, “I know the intent of this ordinance was innocent, that it was intended to address tourists,” but he expressed concerns about overcrowding at shelters and a lack of resources for people who use vehicles as a last resort for shelter.

Caity Pitcher, an employee at youth homeless shelter Sparrow’s Nest of Northwest Montana, also brought up a concern over fining people who are unable to afford housing. She warned this practice, “is going to cause more work for the city attorney and the judges in the long run.”

Jamie Quinn, executive director at Flathead Food Bank, pointed out the population of people who lodge in vehicles includes a wide age range and accounts for many people who move to the area to fill jobs.

“We need to think about who our long-term residents are and who our future employees are,” she advised.

Abbie Shelter employee Hillary Shaw also said, “We recognize that there is an issue that needs to be solved. We think this is an improper solution that will unfairly damage the homeless community in Kalispell and that it is not fitting with the values of our community.”

The lengthy public comment period prompted extensive discussion from the council. They clarified the ordinance would only affect streets in the “public right-of-way” rather than private parking lots. They also went over the proposed effective date in December and reiterated this decision would simply change the enforcement of an existing infraction.

The motion ultimately passed with council-members Saverud, Waterman, Carlson and Gabriel opposed.

The council on Monday also passed multiple additional resolutions, including a zoning amendment for Town Pump at the intersection of U.S. 93 South and Cemetery Road, an ordinance making it a civil infraction to park blocking city sidewalks, the establishment of new procedures for the Kalispell Police Department to dispose of stored property and the appointment of City Manager Doug Russell to the Montana Municipal Interlocal Authority Board of Directors.

Russell clarified he has served on the board for two years and his confirmation would be a reappointment. He also explained the MMIA board meets four times a year to oversee “a wide variety of things” related to the city’s “risk pooling,” such as liabilities and workers’ compensation.

The meeting concluded with Police Chief Doug Overman showcasing a new vest the police force is considering. The new vest is designed to “get some weight off of the duty belts” and address perceptions about “the over-militarization of the police force.”

Russell reported officers will be trying the vests out in the community and gathering feedback about them.

The city council will meet next week for a work session on the ongoing discussion about stormwater regulations next Monday at 7 p.m. in the City Council Chambers, 201 1st Ave. E.

Reporter Bret Anne Serbin may be reached at bserbin@dailyinterlake.com or 758-4459.