Public poles not public forums, city ordinances say

The public-space flyer pole, covered in layers of concert notices and missing pet photos, is not what the city of Kalispell has in mind for its property.

Officials are reminding residents that posting notices, signs, bills or other things on public property is actually against city ordinance.

City code prohibits those cute pet photos or guitar lesson ads on any city “structure, utility pole, sidewalk, curb or within any part or any park of public grounds.

“It can be hazardous, too,” Kalispell Police Chief Roger Nasset said.

Some utility poles in town are scarred with errant nails and staples from long-gone flyers. They could pose a snag hazard for passersby.

A similar ordinance doesn’t exist in county jurisdiction, according to Flathead County Sheriff Chuck Curry.

Whitefish also restricts those types of advertisements or notices on public property. The ordinance identical to the Kalispell code, listing light poles, lamp posts and buildings as off-limits.

Whitefish City Manager Chuck Stearns said Whitefish generally enforces the ordinance by contacting the violator rather than leveling fines.

In Kalispell, the city can fine violators up to $500 for breaking the ordinance, per the city’s municipal infraction code. The exact fee typically is set by a municipal judge.

Similar to Whitefish enforcement, Nasset said his officers generally try to get in touch with the offender and ask him or her to take it down.

“I can’t think of the last time we actually wrote these citations,” he said. “Generally, what we try to do is go out to talk to the violators.”

Columbia Falls has an ordinance similar to the other two cities. In addition to not allowing “handbills” to be posted in public places, it’s also unlawful for anyone to hand out or distribute handbills in any public place, according to Columbia Falls’ city code.

Flathead Electric Cooperative also does not allow flyers or signs to be posted on its power poles, cooperative spokeswoman Wendy Ostrom-Price said.

She said pounding nails or tacks into the poles can damage them, and linemen have been cut by protruding nails left in the poles by sign posters.

It’s an ongoing problem, she added.

Reporter Matt Hudson may be reached at 758-4459 or by email at mhudson@dailyinterlake.com.