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Home My Public Portal AboutOrd. 889 - Restrict Smoking in City ParksORDINANCE NO.889 AN ORDINANCE OF THE CITY OF McCALL, VALLEY COUNTY, IDAHO AMENDING MCCALL CITY CODE CHAPTER 14 OF TITLE 8 PUBLIC WAYS AND PROPERTY FOR THE PURPOSE OF DELETING OR ADDING LANGUAGE TO RESTRICT SMOKING IN CITY PARKS, TO ADD UNDER SECTION 4(I) OF CHAPTER 14 TITLE 8 A NEW SUBSECTION 8. TO PROVIDE THAT SMOKING IS PROHIBITED IN ALL CITY PARKS EXCEPT IN AREAS AND UNDER CONDITIONS SPECIFICALLY DESGINATED BY THE PARKS AND RECREATION DIRECTOR OR MARKED BY SIGNS, OR EQUIPPED WITH THE APPROPRIATE DISPENSERS AND RECEPTABLES FOR SANITARY DISPOSAL OF CIGARETTES, AND TO PROVDE FOR AN EFFECTIVE DATE. WHEREAS, the City Council of the City of McCall has adopted Applicable Codes as a part of Title 8 — Public Ways and Property, of the City Code; and WHEREAS, the City of McCall believes that cigarette smoking in the proximity of children and adults engaging in or watching outdoor recreational activities at City -owned and -operated facilities is detrimental to their health and can be offensive to those using such facilities; and WHEREAS, The City has a unique opportunity to create and sustain an environment that supports a non -tobacco norm through a smoke -free policy and adult -peer role modeling at City outdoor recreational facilities; and WHEREAS, The City believes parents, leaders, and officials involved in recreation are role models for youth and can have a positive effect on the lifestyle choices they make; and WHEREAS, Cigarettes, once consumed in public spaces, are often discarded on the ground, requiring additional maintenance expenses, diminishing the beauty of the City's recreational facilities, and posing a risk to toddlers due to ingestion; and WHEREAS, The City Council of McCall determines that declaring the City's recreational facilities as smoke -free zones serves to protect the health, safety and welfare of the citizens of our City NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF MCCALL, Valley County, Idaho, as follows: Section 1. Title 8, Chapter 14, Section 4(I) shall be amended to read as follows: 8.14.4: PROHIBITED USES: (I) Other Prohibited Activities In Parks And Park Facilities: 1. Begging or soliciting for any purpose. 2. Gambling or operating games of chance or gaming devices. Ordinance No 889 June 9, 2011 Page 1 of 2 3. Abandoning property. 4. Posting handbills, circulars, posters, or signs advertising anything or event. 5. Promoting anything or event by carrying a sign, distributing brochures, leaflets, pamphlets and the like. 6. Using a skateboard within Legacy Park, Art Roberts Park, or Mill Park; or within any other city park where posted with signs advising of this regulation. 7. Behaving in a loud and boisterous manner. In the event that a police officer determines that a person or group of persons in a park is behaving in a loud and boisterous manner which would be annoying to other persons or deter other persons from entering or remaining in the park, the officer may request such person or group of persons to leave the park and not return; a failure of such person or persons to honor that request and to leave the park shall constitute disorderly conduct under subsection 5-5-030(A) of this code. No person who has been so convicted of disorderly conduct may within one year thereafter apply for a park reservation under subsection 8-14-7(B) of this chapter. 8. Smoking is prohibited in all City Parks within the City of McCall except in areas and under conditions specifically designated in writing by the parks and recreation director, marked by signs to that effect, and only in areas equipped with the appropriate dispensers and receptacles for the sanitary disposal of cigarettes. Section 2. Severability. This ordinance is hereby declared to be severable. Should a court of competent jurisdiction declare any portion of this ordinance invalid, the remaining provisions shall continue in full force and effect and shall be read to carry out the purpose(s) of the ordinance before the declaration of partial invalidity. Section 3. Effective Date. This ordinance is effective immediately after its passage and publication as required by law. PASSED BY THE MAYOR AND COUNCIL OF THE CITY OF McCALL, IDAHO, THIS 9 DAY OF JUNE, 2011. ATTEST: 4t sA's 41? DAK0.� essieJo Wagner, City lerk Ordinance No 889 June 9, 2011 CITY OF McCALL Valle aunty, Idaho /(1/ By%��" �� `-nald C. Bailey, Mayor Page 2 of 2 A SUMMARY OF ORDINANCE NO.889 PASSED BY THE CITY OF McCALL, IDAHO ORDINANCE NO.889 AN ORDINANCE OF THE CITY OF McCALL, VALLEY COUNTY, IDAHO AMENDING MCCALL CITY CODE CHAPTER 14 OF TITLE 8 PUBLIC WAYS AND PROPERTY FOR THE PURPOSE OF DELETING OR ADDING LANGUAGE TO RESTRICT SMOKING IN CITY PARKS, TO ADD UNDER SECTION 4(I) OF CHAPTER 14 TITLE 8 A NEW SUBSECTION 8. TO PROVIDE THAT SMOKING IS PROHIBITED IN ALL CITY PARKS EXCEPT IN AREAS AND UNDER CONDITIONS SPECIFICALLY DESGINATED BY THE PARKS AND RECREATION DIRECTOR OR MARKED BY SIGNS, OR EQUIPPED WITH THE APPROPRIATE DISPENSERS AND RECEPTABLES FOR SANITARY DISPOSAL OF CIGARETTES, AND TO PROVDE FOR AN EFFECTIVE DATE. This ordinance amends certain sections of Chapter 14 of Title 8 — Public Ways and Property, to restrict smoking in public areas in the proximity of children and adults so as not to be offensive or a detriment to health, and to add a new subsection 8 to section 4(I) to provide that smoking is prohibited in all city parks except in areas and under conditions specifically designated by the Parks and Recreation Director or marked by signs, or equipped with the appropriate dispenses and receptacles for sanitary disposal of cigarettes, and to provide for an effective date. The Ordinance shall be effective upon its passage, approval and publication as required by law. The full text of the Ordinance is available for review at City Hall and will be provided by the City Clerk to any citizen upon personal request, or can be viewed on the City website at www.mccall.id.us. APPROVED BY THE COUNCIL OF THE CITY OF McCALL, IDAHO, THIS 9 DAY OF JUNE, 2011. ATTEST: +nSif11104ISO,F MC l, •��,�% � r G � s� • z �.�1 a '� s n �' off: .,,� By Vet 4,��1IDA1�� `,�� By��(/(.�i. Z� BessieJo Wag rfet<, City Cle Approved: onal'd : alley, Mayor City of McCall Certificate of Recording Officer STATE OF IDAHO } County of Valley } I, the undersigned, the duly appointed, qualified, City Clerk of the City of McCall, Idaho, do hereby certify the following: 1. That pursuant to the provisions of Section 50-207, Idaho Code, I keep a correct journal of the proceedings of the Council of the City of McCall, Idaho, and that I am statutory custodian of all laws, ordinances and resolutions of said City. 2. That the attached Ordinance No. 889 is a true and correct copy of an ordinance passed at a regular meeting of the Council of the City of McCall held on June 9, 2011 and duly recorded in my office; and 3. That said regular meeting was duly convened and held in all respects in accordance with law and to the extent required by law, due and proper notice of such meeting and that a legally sufficient number of members of the Council voted in the proper manner and for the passage of said ordinance; and that all other requirements and proceedings incident to the proper adoption and passage of said ordinance have been duly fulfilled, carried out and observed; and that I am authorized to execute this certificate. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of the City of McCall, Idaho this 10 day of June, 2011. BessieJo Wag 'er, City Cl rk Publisher's Affidavit of Publication STATE OF IDAHO .SS County of Valley I, Carol J. Wright, being duly sworn and say, I am the receptionist of The Star -News, a weekly newspaper published at McCall, in the County of Val- ley, State of Idaho; that said newspaper is in general circulation in the county of afore said and is a legal newspaper; that the PUBLIC NOTICE, a copy of which is enclosed hereto and is a part hereof, was published in said newspaper once a week for a period of one week in the regular and entire issue of every number there of during the period of time of publication, and was published in the newspaper proper and not in a supplement; and that publication of such notice began June 16, 2011 and ended June 16, 2011. Subscribed and sJ4ofn beforee this the 16th day of June, 2011. STATE OF IDAHO COUNTY OF VALLEY On this 16th day of June, in the year of 2011, before me, a Notary Public, personally appeared Carol J. Wright, known or identified to me to be the person whose name subscribed to the within instrument, and being by me first duly sworn, declared that the statements therein are true, and acknowledged to me that she executed the same. i Tom Grote Notary Public for Idaho Residing at McCall, Idaho Commission Expires 2/8/12 A SUMMARY OF ORDINANCE NO.889 PASSED BY THE CITY OF MCCALL, IDAHO ORDINANCE NO.889 AN ORDINANCE OF THE CITY OF MCCALL, VALLEY COUNTY, IDAHO AMENDING MCCALL CITY CODE CHAPTER 14 OF TITLE 8 PUBLIC WAYS AND PROPERTY FOR THE PURPOSE OF DELET- ING OR ADDING LANGUAGE TO RESTRICT SMOKING IN CITY PARKS, TO ADD UNDER SECTION 4(I) OF CHAPTER 14 TITLE 8 A NEW SUBSECTION 8. TO PROVIDE THAT SMOKING IS PRO- HIBITED IN ALL CITY PARKS EXCEPT IN AREAS AND UNDER CONDITIONS SPECIFICALLY DESIGNATED BY THE PARKS AND RECREATION DIRECTOR OR MARKED BY SIGNS, OR EQUIPPED WITH THE APPROPRIATE DISPENSERS AND RECEPTACLES FOR SANITARY DISPOSAL OF CIGARETTES, AND TO PROVIDE FOR AN EFFECTIVE DATE. This ordinance amends certain sections of Chapter 14 of Title 8 — Pub- lic Ways and Property, to restrict smoking in public areas in the proximity of children and adults so as not to be offensive or a detriment to health, and to add a new subsection 8 to section 4(I) to provide that smoking is prohibited in all city parks except in areas and under conditions specifically designated by the Parks and Recreation Director or marked by signs, or equipped with the appropriate dispenses and receptacles for sanitary dis- posal of cigarettes, and to provide for an effective date. The Ordinance shall be effective upon its passage, approval and publi- cation as required by law. The full text of the Ordinance is available for review at City Hall and will be provided by the City Clerk to any citizen upon personal request, or can be viewed on the City website at www.mccall.id.us. APPROVED BY THE COUNCIL OF THE CITY OF MCCALL, IDA- HO, THIS 9 DAY OF JUNE, 2011. Approved: By Donald C. Bailey, Mayor ATTEST: By Bessie Jo Wagner, City Clerk. ltc6/16