HomeMy Public PortalAboutOrd. 891 - Snow Removal InterferenceORDINANCE NO.891
AN ORDINANCE OF THE CITY OF MCCALL, VALLEY COUNTY, IDAHO, AMENDING
MCCALL CITY CODE TITLE 8, CHAPTER 5, SUBSECTIONS 030 A AND B DEPOSIT ON
RIGHT OF WAY PROHIBITED, TO PROVIDE FOR A NEW TITLE "INTERFERENCE
WITH SNOW REMOVAL AND DEPOSIT ON RIGHT OF WAY PROHIBITED" AND TO
PROVIDE FOR NEW SUBSECTIONS A, B AND C; AND PROVIDING AN EFFECTIVE
DATE.
WHEREAS, snow removal operations can be expected to occur from 3:00 am until 7:00 am in
the downtown area, on a daily basis from November 1 through March 31; and
WHEREAS, snow removal operations can be expected to occur from 3:00 am until 12:00 noon
in other parts of the City on a daily basis from November 1 through March 31; and
WHEREAS, vehicles parked on the streets during snow removal operations create significant
obstacles to effective and efficient snow removal; and
WHEREAS, the City requires the use of City rights -of -way for snow storage and other
operations to ensure effective and efficient snow removal from City streets.
NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY COUNCIL OF THE
CITY OF MCCALL, IDAHO:
Section 1: That Chapter 5 Subsection 030 of Title 8 of the McCall City Code, be,
and the same is hereby amended to read as follows:
8.5.030: INTERFERENCE WITH SNOW REMOVAL AND DEPOSIT ON RIGHT
OF WAY PROHIBITED:
(A) Snow, Ice, Or Debris On Public Rights Of Way Prohibited. It is unlawful for any person
to deposit, or cause to be deposited, thrown upon or moved onto any public street,
sidewalk-p4I}c—Fight-e-f—wkereughfare; er-ether-publie-PEeP e
rocks or debris which as accumulated on private property and which creates an
obstruction thereon. For purposes of this Section "obstruction" shall mean any
eemlitiens—wi eli--inipeuiment It shall be unlawful for any person to park,
abandon, or otherwise leave unattended any vehicle or trailer, as defined in Chapter 1 of
Page 1 of 3
Ordinance No. 891
November 17, 2011
Title 49, Idaho Code, on any City right-of-way at any time or in any manner which will
obstruct or hinder any City employee or City contractor during snow removal operations
or which will leave any vehicle in such a position that it is subject to damage by City
employees or City contractors engaged in snow removal operations. This provision shall
not prohibit the stopping of passenger vehicles for periods of time sufficient to load or
discharge passengers from such vehicles. Owners of vehicles parked in violation of this
article shall be subject to citation or towing. Owners of vehicles parked in violation of
this article shall also be held liable for any damage to snow removal equipment, which
may occur due to contact with said vehicle. The City of McCall shall not be liable for
damage to any vehicles or property parked in violation of this article. Snow removal
operations shall be deemed completed at such time as the full width of the street right-of-
way has been restored.
For the purposes of this Chapter, snow removal operations from November 1 to March
31 of the following year are presumed to occur daily in the Central Business District
(defined at MCC 3.4.01 (C)) between the hours of 3:00 a.m. and 7:00 a.m., in all other
zones between the hours of 3:00 a.m. and 12 p.m. noon.
(B) Penalities: Any person violating this Section shall be fined twenty five dollars ($25.00);
provided, further, that any person who violates this Section for a second time in any
twelve (12) month period shall be subject to the general penalty found in Section 1 3 1
of this Code. (Ord. 737, 1 27 2000) Snow may not be dumped, deposited, placed, or
pushed into a City street or public right-of-way. Snow removed from private property
may not be piled so as to block or cover a fire hydrant, snow pole, street sign, culvert
inlets and outlets, or other drainage structures.
(BC) Penalties: Any person violating this Section shall be fined twenty five dollars ($25.00);
provided, further, that any person who violates this Section for a second time in any
twelve (12) month period shall be subject to the general penalty found in Section 1-3-
1 of this Code.
Section 2: This Ordinance shall be in full force and effect upon its approval and
passage.
Section 3: If any provisions of this Ordinance shall be deemed illegal or
unenforceable, such determination shall not operate to invalidate the remaining provisions of
this Ordinance.
Page 2 of 3
Ordinance No. 891
November 17, 2011
PASSED BY THE MAYOR AND COUNCIL OF THE CITY OF MCCALL, IDAHO,
THIS 17 DAY OF NOVEMBER, 2011.
CITY OF McCALL
Va11ey)County, Idaho
DONALD C. BAILEY, MAYOR
ATTEST:
I!I.41', it
BESSIEJO '+ •-GNER, Y CLERK
Ordinance No. 891
November 17, 2011
Page 3 of 3
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. 891 is a true and correct copy of an ordinance passed
at a regular meeting of the Council of the City of McCall held on November 17, 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 18 day of November, 2011.
oosts ,„„
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�t �ssieJo Wa ner, City C erk
A SUMMARY OF ORDINANCE NO.891
PASSED BY THE CITY OF McCALL, IDAHO
AN ORDINANCE OF THE CITY OF McCALL, VALLEY COUNTY, IDAHO AMENDING
MCCALL CITY CODE TITLE 8, CHAPTER 5, SUBSECTIONS 030 A AND B "DEPOSIT
ON RIGHT OF WAY PROHIBITED", TO PROVIDE FOR A NEW TITLE "INTERFERENCE
WITH SNOW REMOVAL AND DEPOSIT ON RIGHT OF WAY PROHIBITED" AND TO
PROVIDE FOR NEW SUBSECTIONS A, B AND C; AND PROVIDING AN EFFECTIVE
DATE.
This ordinance amends MCC 8.5.030 A and B to provide for a new section title "Interference
with Snow Removal and Deposit on Right of Way Prohibited"; to provide for new subsections
A, B and C; to provide for snow removal operations from 3:00 am until 7:00 am in the
downtown area, and in other parts of the City from 3:00 am until 12:00 noon, on a daily basis
from November 1 through March 31. This ordinance also provides that any vehicle that
obstructs or hinders snow removal is subject to towing and a fine, and provides for the use of the
City's right of way for snow storage and other operations for effective and efficient snow
removal for the City's streets.
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 1 DAY OF
DECEMBER, 2011.
Ap
By
Al 1EST:
By
BessieJo Waity Cle
nal• Bailey, Mayor
ORDINANCE SUMMARY CERTIFICATION
Ordinance No. 891
Certification of City Legal Advisor
of the Summary prepared
for the above -numbered Ordinance
The undersigned City of McCall Legal Advisor, having reviewed the above -
numbered Ordinance and the Summary for the above -numbered Ordinance, believes the
Summary of the above -numbered Ordinance is true and complete and that it provides
adequate notice to the public of the identity and principal provisions of the Ordinance.
Dated this 1 day of December, 2011.
William F. Nichols
W:\Work\M\McCall, City of 21684\Public Works .003\Snow Ordinance\Attomey Summary Certification Snow Removal 11.10.2011.doc