Kalispell City Council on Monday unanimously passed a noise ordinance amendment aligning the municipal code more closely with state disorderly conduct law.

The amendment changes the Kalispell law’s title from disturbing the peace to disorderly conduct. City officials say the change makes the language more specific as to what warrants a citation.

Tuesday’s reading passed with an additional condition warranting a citation: willfully discharging a firearm in a public space or on private property, except with a justified use of force or within a permitted shooting range. The rest of the passed ordinance includes language virtually identical to state law, such as unreasonably impeding traffic, or making unreasonably loud uncustomary noise for that place and time.

Kalispell bankruptcy lawyer Jim Cossitt told council the law still left too much room for interpretation when it comes to prosecuting disorderly conduct charges.

“You’ve got the kind of stuff in here that lawyers, should they choose to litigate this stuff, could sink their teeth into,” Cossitt said. “That means some officer has to make a determination of what’s reasonable and what’s customary. I respect their judgment, but that’s not the question.”

While Cossitt praised council for attempting to address a problem, as well as the officers who have already had to make an attempt at objectivity when citing people with disturbing the peace, he said the law lacked an objective standard.

Kalispell City Attorney Charlie Harball said while the ordinance may leave some wiggle room for litigators, other components make warranting the citation clear.

“Note that the ordinance requires that person knowingly allows this conduct to take place,” he said. “If a person is conducting civil disobedience, they know what is reasonable.”

Council member Rod Kuntz said he supported the ordinance in its current language. While residents had previously brought concerns about construction noise in the morning, Kuntz said he believes the community could be a little more hospitable.

“It’s got to be for everybody,” Kuntz said. “I think people need to just ease up a bit. Let’s be good neighbors… I believe in our police force and in our judicial system.”

IN OTHER BUSINESS, the council set a public hearing for Nov. 7 to allow comments on a request by J2 Office Supply to vacate the easement on West Wyoming and U.S. 93. The city is not currently using the plot and is not being considered in any utility plans, according to city staff.

Reporter Seaborn Larson may be reached at 758-4441 or by email at slarson@dailyinterlake.com.