HomeMy Public PortalAboutAB 21-192 Wildlife Feeding OrdinanceMcCALL CITY COUNCIL 216 East Park Street
AGENDA BILL McCall, Idaho 83638
Number AB 21-192
Meeting Date July 22, 2021
AGENDA ITEM INFORMATION
SUBJECT:
Request for Council to Adopt Ordinance 1003 Regarding Prohibiting the Feeding of Wildlife
Department Approvals
Initials
Originator
or
Supporter
Mayor / Council
City Manager
Clerk
Supporter
Treasurer
Community Development
Police Department
/
Originator
Public Works
Golf Course
COST IMPACT:
N/A
Parks and Recreation
FUNDING SOURCE:
N/A
Airport
Library
TIMELINE:
N/A
Information Systems
Grant Coordinator
SUMMARY STATEMENT:
During the July 8, 2021 Council Meeting staff presented the McCall City Council with an ordinance prohibiting wildlife feeding inside city limits. The five councilors had two decisions
to make that evening, one vote to suspend the rules, referring to the actual reading of the ordinance, and the other considering its adoption. Although the Council voted 3-2 to pass
the Wildlife feeding ordinance, the ordinance was not adopted due to a procedural error regarding the suspension of the rules.
Idaho code 50-902 states that to pass an ordinance, the ordinance must be read three times at three different meetings, with the first two readings by Title and the third reading in
full. The same code allows for the suspension of reading three times, to read by title only one time only, which requires four affirmative votes (1/2 plus one of the entire Council)
for the motion to pass. The vote was an affirmative 3-2 for the suspension of the rules. Therefore, the motion should have failed, but the City Council proceeded with a single reading
and vote to adopt. Since the first motion failed, the second vote to adopt the ordinance was void. Although there was a reading by Title only, the process will start over as the reading
was not in the context of three readings.
The process will be restarted to correct the error, with three readings at three different meetings. However, at each meeting, the Council could choose to vote for a suspension of the
rules. If the motion fails, then there will be the first reading and no additional motion to adopt. Please note that only the suspension of the rules requires a ½ plus one affirmative
vote. The adoption of the ordinance only takes an affirmative majority vote to pass (3-2).
RECOMMENDED ACTION:
Suspend the rules and read by title only, one time only Ordinance no. 1003.
Adopt Ordinance No. 1003. regarding prohibiting the feeding of wildlife, approve the publication of the summary, and authorize the Mayor to sign all necessary documents.
RECORD OF COUNCIL ACTION
MEETING DATE
ACTION
May 27, 2021
Council directed staff to continue with preparation of a proposed Ordinance prohibiting the feeding of wildlife
June 10, 2021
Council reviewed possible Ordinance language
June 24, 2021
Additional review and discussion and direction to staff to bring finalized Ordinance for adoption
July 8, 2021
Council Adopted the Ordinance – with a procedural error