Kalispell Council Approves Ordinance to Restrict Roadway Transactions

The Kalispell City Council on Monday passed the first reading of an ordinance that will restrict roadway transactions between facilitating pedestrians and vehicle occupants that are not legally parked.

City officials cited traffic flow and safety as the purpose for the ordinance, which passed in a 6-3 vote with councilors Sid Daoud, Jessica Dahlman and Ryan Hunter in opposition.

The ordinance adds restrictions to an existing encroachment code, which “identifies that the public right-of-way should not be used for private or commercial gain.” The new restrictions make it unlawful for transactions to occur on all roadways and it penalizes both individuals involved in the transaction.

Kalispell Police Chief Doug Overman said the ordinance would likely not be enforced unless the transaction is obstructing traffic.

Critics of the ordinance were concerned about unintended consequences related to panhandling, like fining vulnerable individuals and people who are attempting to provide donations.

“I don’t see the need for an ordinance,” Hunter said. “I understand we’ve had complaints about panhandling for 10 years, and we don’t have a single example of an accident caused by panhandling … I do believe there’s real potential for unintended consequences.”

Daoud said the existing code already addresses most of the public’s complaints, which emphasized issues at intersections.

“The new ordinance would not help, other than that it fines the community member and the person doing the transaction,” Daoud said. “This expands the restriction beyond intersections to all streets.”

Proponents of the ordinance said it would enhance safety and improve traffic flow within the city.

Councilor Chad Graham acknowledged that the ordinance would prevent donations, but he suggested establishing alternative ways to funnel resources through churches and other organizations.

“I don’t want to discourage people from being charitable, but it’s being done in the wrong spot,” he said.

While the ordinance does not include language that includes the term “panhandling,” city officials clarified that panhandling was protected by the Constitution and the restrictions were targeted toward traffic safety. City Manager Doug Russell said it meets all constitutional requirements.

“This has nothing to do with panhandling,” Councilor Sam Nunnally said. “It has to do with keeping our roads safer.”