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HomeMy Public PortalAboutOrd. 993 Amending Section 5-5-030 to Include Section 4.9.19 Open Container ORDINANCE NO. 993 AN ORDINANCE OF THE CITY OF McCALL, VALLEY COUNTY, IDAHO, AMENDING SECTION 5-5-030,PROHIBITIONS, (F), OPEN CONTAINER, OF THE McCALL CITY CODE TO INCLUDE SECTION 4.9.19, OPEN CONTAINERS ON PUBLIC PROPERTY FOR PERMITTED BUSINESS PREMISES, OF THE McCALL CITY CODE AS AN EXCEPTION. NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF MCCALL, IDAHO: Section 1: That Section 5-5-030(F) of the McCall City Code is hereby AMENDED as follows, to-wit: See Exhibit"A"attached hereto and,by this reference, incorporated herein as if set forth in full. PASSED AND APPROVED BY THE MAYOR AND COUNCIL OF THE CITY OF McCALL, VALLEY COUNTY, IDAHO, THIS 24 DAY OF SEPTEMBER 2020. `,,,kolla11Ull111,,'! ,0 '0V°Cw r '. Approved: �s h A SEAL .y - B $ ` � a Robert S. Giles, Mayor Attest: �'"�°�•.. O ,�` B BessieJo Wa ner, City dlerk Page 1 of 2 Ord.No 993 Amending Title 5—Open Container September 24,2020 EXHIBIT "A" 5-5-030: PROHIBITIONS: (F) Open Container: Be in possession of an open container of an alcoholic beverage, except as provided in sections 4.9.18, 4.9.19, 8-14-8 or title VIII, chapter 13 of this code, and (Ord. 680, 6- 30-1995) 1. In a motor vehicle; or 2. On a public street or alley or other public property; or 3. In or on private property open to the public, and in possession without permission of the owner, and not in or on premises for which a liquor license for sale of that beverage by the drink has been issued, such as in a parking lot. "Container of an alcohol beverage" includes, without limitation, a bottle or can labeled as containing such a beverage, no matter what it in fact contains, and a container containing such a beverage no matter how labeled. An "alcoholic beverage" is any liquid or solid containing ethyl alcohol or synthetic ethyl alcohol in an amount of three percent(3%) or more by weight(6 proof); a manufacturer's label on the bottle or can or on a package out of which such container came is conclusive evidence of content. Page 2 of 2 Ord.No 993 Amending Title 5—Open Container September 24,2020 Publisher’s Affidavit of Publication STATE OF IDAHO County of Valley }.ss } I, Tricia Warren, being duly sworn and say, I am the office manager 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 October 1, 2020 and ended October 1, 2020. _______________________________________ Subscribed and sworn before me this the 1st day of October, 2020. STATE OF IDAHO COUNTY OF VALLEY On this 1st day of October in the year of 2020, before me, a Notary Public, personally appeared Tricia Warren, 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. ________________________________________ Tom Grote Notary Public for Idaho Residing at McCall, Idaho Commission Expires 1/19/2024 CITY OF MCCALLORDINANCE NO. 993AN ORDINANCE OF THE CITY OF McCALL, VALLEY COUNTY, IDAHO, AMENDING SECTION 5-5-030, PROHIBITIONS, (F), OPEN CONTAINER, OF THE McCALL CITY CODE TO INCLUDE SECTION 4.9.19, OPEN CONTAINERS ON PUBLIC PROPERTY FOR PERMIT-TED BUSINESS PREMISES, OF THE McCALL CITY CODE AS AN EXCEPTION.NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF MCCALL, IDAHO:Section 1: That Section 5-5-030(F) of the McCall City Code is here-by AMENDED as follows, to-wit:See Exhibit “A” attached hereto and, by this reference, incorporated herein as if set forth in full. PASSED AND APPROVED BY THE MAYOR AND COUNCIL OF THE CITY OF McCALL, VALLEY COUNTY, IDAHO, THIS 24 DAY OF SEPTEMBER 2020.Approved:By: Robert S. Giles, MayorAttest:By: BessieJo Wagner,City ClerkEXHIBIT “A”5-5-030: PROHIBITIONS:(F) Open Container: Be in possession of an open container of an alco-holic beverage, except as provided in sections 4.9.18, 4.9.19, 8-14-8 or title VIII, chapter 13 of this code, and (Ord. 680, 6-30-1995)1. In a motor vehicle; or2. On a public street or alley or other public property; or3. In or on private property open to the public, and in possession with-out permission of the owner, and not in or on premises for which a liquor license for sale of that beverage by the drink has been issued, such as in a parking lot.“Container of an alcohol beverage” includes, without limitation, a bottle or can labeled as containing such a beverage, no matter what it in fact contains, and a container containing such a beverage no matter how labeled. An “alcoholic beverage” is any liquid or solid containing ethyl alcohol or synthetic ethyl alcohol in an amount of three percent (3%) or more by weight (6 proof); a manufacturer’s label on the bottle or can or on a package out of which such container came is conclusive evidence of content.1tc10/1