HomeMy Public PortalAboutOrd. 897 - Domestic Animals in ParksORDINANCE NO.897
AN ORDINANCE OF THE CITY OF McCALL, A MUNICIPAL CORPORATION OF THE
STATE OF IDAHO, AMENDING TITLE VIII, PUBLIC WAYS AND PROPERTY, OF THE
CITY CODE, MCC 8.14.4(C)(1), TO ALLOW DOMESTIC ANIMALS IN CITY PARKS
UNDER LIMITED CIRCUMSTANCES; PROVIDING FOR SEVERABILITY; AND
PROVIDING AN EFFECTIVE DATE.
WHEREAS, the City Council of the City of McCall has adopted Applicable Codes as a part of
Title VIII, Public Ways and Property, of the City Code; and
WHEREAS, the City of McCall finds that from time to time a park may become suitable for
domestic animals on or off leash; and
WHEREAS, the City previously permitted domestic animals in public parks and other public
grounds under Ordinance 871 which expired at the end of 2011; and
WHEREAS, the City of McCall finds that permitting domestic animals in public parks or other
public grounds of the City which the Parks and Recreation Director has designated for such use,
subject to such rules and regulations as may be prescribed, for the training or exercise of dogs
under the effective control of a responsible person by leash, whistle, voice or other command is
in the public's interest.
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(C) 1 shall be amended to read as follows:
8.14.4: PROHIBITED USES:
(C) Pets and Animals:
1. Domestic Animals: Domestic animals are not allowed within the boundaries of City parks or
park facilities except for: (1) animals trained and certified to assist and assisting a person with a
physical disability; or (2) except in areas and under conditions specifically designated in writing
by the Parks and Recreation Director, marked by signs to that effect, and only areas equipped
with the appropriate dispensers and receptacles for the sanitary disposal of domestic animal
feces.
All domestic animals permitted to be at a park or parks facility under this section must at all
times be attended by an owner or other person in charge of the animal, and be confined or
controlled on a leash not longer than six feet (6') in length; must not harass or annoy any other
person or animal; and are permitted off leash only in those areas so designated and intended for
off leash use.
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Ordinance No. 897
April 26, 2012
No domestic animals are permitted to remain in or upon any beach or swimming area except for
certified assistance animals, or upon a beach or swimming area which has been designated
specifically for such use. Notwithstanding that there may be designated areas for off leash use,
all off leash domestic animals must be under the direction and control of an owner or other
person in charge, by voice, whistle, or other off leash method of control.
All domestic animal feces must be promptly removed by the owner or person in charge of the
animal that defecated, and must be disposed of in a sanitary manner.
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 26
DAY OF APRIL, 2012.
ATTEST:
BessieJo Wag
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By
na C. C ailey, Mayor
2
Ordinance No. 897
April 26, 2012
A SUMMARY OF ORDINANCE NO. 897
PASSED BY THE CITY OF McCALL, IDAHO
AN ORDINANCE OF THE CITY OF McCALL, VALLEY COUNTY, IDAHO AMENDING
McCALL CITY CODE TITLE VIII, PUBLIC WAYS AND PROPERTY, OF THE CITY
CODE, MCC 8.14.4(C)(1), TO ALLOW DOMESTIC ANIMALS IN CITY PARKS UNDER
LIMITED CIRCUMSTANCES; PROVIDING FOR SEVERABILITY; AND PROVIDING AN
EFFECTIVE DATE.
This ordinance amends MCC 8.14.4(C)(1) to permit domestic animals, including dogs, in certain
parks or areas of parks in the City. The Parks and Recreation Director is granted the authority to
designate a park, or portions of a park, where domestic animals will be allowed. Unless
otherwise specified, all such animals must be on a leash that is not longer than six feet (6') long,
must be controlled, must not harass or annoy people or other animals, and must stay off beach
and swimming areas. Animal feces must be promptly removed and disposed of in a sanitary
manner. This ordinance is the same as Ordinance No. 871 which was passed in 2010 but which
expired at the end of 2011 because of a "sunset" clause in that ordinance. This ordinance does
not have a sunset clause.
This ordinance is effective immediately after its passage 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 26 DAY OF
APRIL 2012.
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ATTEST:
By
BessieJo Wagn6r, City Cl
Ordinance 897 Summary
April 26, 2012
Approved:
By
ril d C. Bailey, Mayor
ORDINANCE SUMMARY CERTIFICATION
Ordinance No. 2012- 897
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 2tday of April, 2012.
William F. Nichols
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. 897 is a true and correct copy of an ordinance passed
at a regular meeting of the Council of the City of McCall held on April 26, 2012 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 27 day of April 2012.
J
BessieJo Gagner, City Clerk