HomeMy Public PortalAboutOrdinance No. 1013 Parking and Snow RemovalORDINANCE NO. 1013
AN ORDINANCE OF THE CITY OF McCALL, VALLEY COUNTY, IDAHO, AMENDING
SECTIONS 4.3.1, LICENSE REQUIRED; APPLICATION; AND PROCEDURE, AND 4.3.2.,
SNOW REMOVAL CONTRACTOR RESPONSIBILITY, OF CHAPTER 3, SNOW REMOVAL
LICENSES, TITLE IV, BUSINESS REGULATIONS, OF THE McCALL CITY CODE TO
ESTABLISH FINES AND LICENSE SUSPENSION FOR UNLAWFUL COMMERCIAL
SNOW REMOVAL AND PROVIDE FOR RECONSIDERATION OF FINES AND BUSINESS
LICENSE REVOCATION; AMENDING SECTIONS 5.6.210, AUTHORITY TO REGULATE,
5.6.220, GENERAL PROVISIONS AND PRESUMPTIONS, DELETING SECTION 5.6.230,
PONDEROSA STATE PARK RULES AND REGULATIONS, RETITLING 5.6.240, PENALTIES
FOR PARKING VIOLATIONS, TO NOTICE OF PARKING VIOLATIONS AND PROCEDURES,
AND ENACTING 5.6.250, NOTICE OF PARKING VIOLATION DELINQUENCY AND
COLLECTION, OF CHAPTER 6, VEHICLE AND BOAT REGULATIONS, TITLE V, PUBLIC
SAFETY, OF THE McCALL CITY CODE TO AUTHORIZE THE CITY TO REGULATE,
LIMIT AND CONTROL TRAFFIC AND PARKING WITHIN ITS BOUNDARIES AND
PROVIDE FOR NOTICE AND COLLECTION OF PARKING VIOLATIONS; AND
AMENDING SECTION 8.5.030, INTERFERENCE WITH SNOW REMOVAL AND DEPOSIT ON
RIGHT OF WAY PROHIBITED, AND ENACTING 8.5.040, NOTICE OF SNOW STORAGE
VIOLATIONS AND PROCEDURES, OF CHAPTER 5, SNOW, ICE AND RUBBISH REMOVAL,
TITLE VIII, PUBLIC WAYS AND PROPERTY, OF THE McCALL CITY CODE TO EXPAND
WHAT CONSTITUTES INTERFERENCE WITH SNOW REMOVAL, VIOLATIONS FOR
SNOW STORAGE, PROVIDE PENALTIES FOR VIOLATIONS AND FOR
RECONSIDERATION OF FINES AND BUSINESS LICENSE REVOCATION, PROVIDING
FOR SAVINGS AND SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE.
NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY
OF MCCALL, IDAHO:
Section 1: That Sections 4.3.1, 4.3.2., 5.6.210, 5.6.220, 5.6.230, 5.6.240, and
8.5.030 of the McCall City Code ARE HEREBY AMENDED, and that Sections
5.6.250 and 8.5.040 of the McCall City Code ARE HEREBY ENACTED, all as
provided for in Exhibit "A" attached hereto and, by this reference, incorporated
herein as if set forth in full.
Section 2: SAVINGS AND SEVERABILITY CLAUSE. It is hereby declared to
be the legislative intent that the provisions and parts of this Ordinance shall be
severable. If any paragraph, part, section, subsection, sentence, clause, or phrase
of this Ordinance is for any reason held to be invalid for any reason by a Court of
competent jurisdiction, such decision shall not affect the validity of the remaining
portions of this Ordinance.
Section 3: EFFECTIVE DATE. This ordinance shall be in full force and effect
after its passage, approval and publication, according to law.
Page 1 of 13
Ordinance 1013 Parking and Snow Removal
September 22, 2022
PASSED AND APPROVED BY THE MAYOR AND COUNCIL OF THE CITY OF McCALL,
IDAHO, THIS 22nd DAY OF SEPTEMBER 2022.
Approved:
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Ordinance 1013 Parking and Snow Removal
September 22, 2022
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Page 2 of 13
EXHIBIT A
5.6.210: AUTHORITY TO REGULATE:
(A) Idaho Code sections 50-302, 50-314 and 49-208 authorize the City to regulate, limit and
control traffic and parking within its boundaries.
1. The Chief may regulate parking by causing the placement of traffic control devices
advising the public that parking is prohibited or restricted. Violations of the restrictions
or prohibitions stated on such City signs is unlawful. All signs in place March 19, 1992
or placed at the direction of the Chief after that date, are declared authorized.
2. (B) Curb loading zones may be created by the Chief, upon payment of a permit fee to
the City in an amount fixed by resolution of the Council, and upon the permittee's
erection at each end of such zone an official traffic control device indicating such zone.
3. (C) The authority of the City to place other traffic control devices is delegated to the
Chief. Violation of the restrictions or prohibitions stated on such City signs is unlawful.
(Ord. 606, 5-14-1992)
5.6.220: GENERAL PARKING PROVISIONS AND PRESUMPTIONS:
(A) rt .,lawful f r a f to park otor vehicle f r ., o of time longer than two
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(2) hours between the hours of eight o'clock (8:00) A.M. through six o'clock (6:00) P.M. of any
day on the f llowing streets•
and Third Streets.
and Park Streets.
(HA) Except when being diligently loaded or unloaded from or to an adjacent business, it is
unlawful for a semi -trailer, or for a truck larger than a standard pick-up truck, or for a semi trailer,
to be parked on a street or alley within the Central Business District as defined on the Zoning Map
for the City of McCall.
(GB) It is unlawful for any person to park a recreational vehicle, bus, boat, or any style trailer,
on any public roadway within any residential zone identified on the Zoning Map for the City of
McCall.
(DCJ It is unlawful for any person to park any vehicle or trailer in the lot identified as the Mill
Road parking lot, located at 1209 Mill Road between the hours of eleven o'clock (11:00) P.M. and
five o'clock (5:00) A.M., beginning July 1, 2016 and June 1 through August 31 every year
Ordinance 1013 Parking and Snow Removal
September 22, 2022
Page 3 of 13
thereafter, in the lot identified as the Mill Road parking lot, located at 1209 Mill Rd. unless the
person in control of such vehicle and/or trailer has purchased a permit for overnight parking and
the permit is attached thereto.
1. Beginning September 1St of each year, and continuing through the next occurring May
31, it is unlawful for any person to park any vehicle or trailer in the lot identified as the
Mill Road parking lot for a period of time exceeding seventy-two (72) consecutive
hours.
2. It is unlawful for any person to park any vehicle not attached to a trailer in any parking
space which is marked for trailer parking in the lot identified as the Mill Road parking
lot, located at 1209 Mill Road. Parking spaces marked for trailer parking include any
marked parking space which is striped in such a way that a continuous and unbroken
parking space in excess of forty feet (40') in length is created. It shall be permissible to
park a trailer not attached to a vehicle only in parking spaces marked for trailer parking,
and only for such periods of time as are authorized herein.
3. It is unlawful for any person to park any trailer, whether attached to a vehicle or
detached from a vehicle, in any parking space which is marked as a vehicle only space
in in the lot identified as the Mill Road parking lot, located at 1209 Mill Road. Parking
spaces marked as vehicle only space shall include any space which is striped in such a
way that a parking space that does not exceed twenty-five feet (25') in length is created.
(BD) It is unlawful to park a motor vehicle within a street or highway right-of-way for purposes
of displaying such vehicle for sale; or for purposes of washing, greasing, oiling, or repair, except
when the vehicle is undergoing emergency repairs.
(FE) It is unlawful to park any vehicle or trailer in an officially designated, painted and signed
bicycle lane.
(F) Interference With Snow Removal: It shall be unlawful for any person to cause or allow any
vehicle, trailer, or other personal property to be parked or abandoned as defined in chapter 1 of
title 49, Idaho Code, or otherwise left unattended, on any public right of way within the McCall
City Limits at any time or in any manner which will obstruct or hinder any city employee, city
contractor, or state of Idaho employee from conducting snow removal operations or which will
leave any vehicle in such a position that it is subject to damage by city employees, city contractors,
or state employees 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.
1. Owners of vehicles parked in violation of this section shall also be held liable for any
damage to snow removal equipment, which may occur due to contact with said vehicle.
2. The City of McCall and the State of Idaho shall not be liable for damage to any vehicles
or property parked in violation of this section.
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Ordinance 1013 Parking and Snow Removal
September 22, 2022
3. Snow removal operations shall be deemed completed at such time as the full width of
the street right of way has been cleared of snow.
4. 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 subsection 3.4.01 of this code) and that portion of Third Street between
Railroad Avenue and Colorado Street between the hours of three' o'clock (3:00) A.M.
and seven' o'clock (7:00) A.M., in all other zones between the hours of three' o'clock
(3:00) A.M. and twelve' o'clock (12:00) noon.
(G) In addition to parking regulation otherwise provided herein, for a period beginning
November 1st and extending through the next occurring March 31st of each year it is unlawful for
any person to park any vehicle or trailer on a street or alley within the Central Business District as
defined on the Zoning Map for the City of McCall between the hours of three o'clock (3:00) A.M.
and seven o'clock (7:00) A.M.
(H) In addition to parking regulation otherwise provided herein, for a period beginning
November 1st and extending through the next occurring March 31st of each year it is unlawful for
anv person to park any vehicle or trailer on that portion of State Highway 55 between the
intersection with Railroad Avenue and the intersection with Colorado Street between the hours of
three o'clock (3:00) A.M. and seven o'clock (7:00) A.M.
(I) In addition to parking regulation otherwise provided herein, for a period beginning
November 1st and extending through the next occurring March 31st of each year it is unlawful for
any person to park any vehicle or trailer on any street or alley within the McCall City limits
between the hours of three o'clock (3:00) A.M. and twelve o'clock (12:00) P.M.
(GI) Whenever a vehicle is ticketed issued a Notice of Parking Violation for unlawful parking,
the registered owner of the same shall be presumed to have been the operator; such presumption
may be overcome only by the owner's producing another person who admits to the parking
violation and pays the penalty.
(I4K) A violation of a State Motor Vehicle Code (title 49, Idaho Code) provision within the
City is unlawful. Violation of a rule or regulation promulgated by the Chief pursuant to authority
in such title 49 is unlawful. (Ord. 943, 6-9-2016; Ord. 975, 6-13-2019)
5.6.230: PONDEROSA STATE PARK RULES AND REGULATIONS:
only in area. designated f that , e b., t e park
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Page 5 of 13
Ordinance 1013 Parking and Snow Removal
September 22, 2022
ersons designated as special deputies
section_67 2901(5), , welt offcers of tlie-depc"cr'�cment�-are autl3(�rrzed to issue City of Mccali
parking citations for violation of this section. (Ord. 606, 5 11 1992)
5.6.210: PENALTIES FOR PARKING VIOLATIONS:
(A) A person liable upon a parking ticket shall pay a penalty as follows:
1. Within ten (10) days of the time of the issuance of said parking violation ticket, pay to the
2. Within thirty (30) days from the date of said parking violation ticket, pay to the City
under subsection (A)1 of this section.
(R) The f i u, fang o * * i t t tt, Cit T Of� •th
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the times prescribed is an infraction punishable as provided in this title and as provided in the
Idaho Code with respect to motor vehicle infractions.
(G) The fees fv rk olatio mabe * bl t, lution of the Council. A copy of
,
21 2002)
5.6.230 NOTICE OF PARKING VIOLATIONS AND PROCEDURES:
(A) Upon observing any vehicle stopped, standing or parked in violation of the provisions
specified in section 5.6.220 of this title, the City Street Superintendent, City Code Enforcement
Office or the McCall City Police Department is authorized to serve a Notice of Parking Violation
by any one or more of the following means:
1. By securing a Notice of Parking Violation to the vehicle;
2. By personally serving the operator or owner of the vehicle with a Notice of Parking
Violation;
3. By personally serving a passenger of the vehicle who is over the age of eighteen (18)
years with a Notice of Parking Violation; or
4. By mailing, via United States Postal Service first class mail, a Notice of Parking
Violation to the vehicle's owner at the address maintained in motor vehicle registration
records.
(B) Every Notice of Parking Violation shall include the following:
Ordinance 1013 Parking and Snow Removal
September 22, 2022
Page 6 of 13
1. The date and time at which the violation was observed;
2. The location where the violation occurred;
3. The license plate number and make of the vehicle observed to be in violation;
4. The Code section violated and a brief description of the violation;
5. The fine amount, and any applicable administrative fees;
6. Instructions explaining how the registered owner or operator of the vehicle in violation
may pay the fine and any fees associated with the violation; and
7. A statement describing the process by which the operator or registered owner of the
vehicle in violation may contest the violation indicated on the Notice of Parking
Violation.
(C) A separate Notice of Parking Violation may be served for each violation.
(D) One copy or an automated record of each Notice of Parking Violation shall be filed with the
City Clerk's office.
(E) Each person served with a Notice of Parking Violation shall, within thirty (30) business
days from the date on the Notice of Parking Violation, or if notice is served by mail, within thirty
(30) business days from the date of posting to the address of the vehicle's registered owner:
1. Pay the corresponding parking fine and fee amount on the City Clerk fine schedule
which shall be set by resolution of the City Council from time to time. or
2. Submit to the City Clerk's Office a request for reconsideration of the violation indicated
on the Notice of Parking Violation.
(F) A request for reconsideration to the City Clerk is an informal process by which a person
who received a Notice of Parking Violation may submit a written challenge to the validity of a
parking violation and ask for reconsideration of the Notice of Parking Violation by the City Clerk.
The City Clerk shall review all documents, evidence and information submitted and, within ten
(10) business days of the receipt of the request for reconsideration, the City Clerk shall issue a
written decision determining whether reversal of the issued Notice of Parking Violation is
warranted. Issued Notice of Parking Violations shall only be reversed by the City Clerk if the Clerk
can find by a preponderance of the evidence presented that the Notice of Parking Violation was
issued in error. The City Clerk's written determination shall be final. The City Council may set a
fee to defray the cost of such requests for reconsideration. The reconsideration fee must be
collected by the City Clerk before a request for reconsideration will be honored.
(G) From the date of Notice of Parking Violation, all unpaid violations shall have an
administrative fee in an amount as established by the City Council and listed on the most current
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Ordinance 1013 Parking and Snow Removal
September 22, 2022
City Clerk fee schedule to defray the administrative and personnel costs and mailing expenses
arising from collection of fines.
(H) Any vehicle or trailer that continues in violation of the provisions of McCall City Code
Sections 5-6-220 or 8-5-030 for a period of more than forty-eight (48) hours after service of a
Notice of Parking Violation shall be deemed to have been abandoned and shall be subject to the
provisions of Idaho Code Title 49, Chapter 18.
5.6.240: NOTICE OF PARKING VIOLATION DELINQUENCY AND COLLECTION:
(A) Delinquent Notice of Parking Violations: A Notice of Parking Violation shall be deemed
delinquent if the registered owner fails to either pay the fine and fee associated with the Notice of
Parking Violation to the City Clerk, or request reconsideration within thirty (30) days from the
date service of the Notice of Parking Violation. If the registered owner has requested
reconsideration by the City Clerk, and the Notice of Parking Violation is not overturned, the
applicable fines and fees must be paid within ten (10) days of the City Clerk's written decision.
(B) Failure to timely pay on a Notice of Parking Violation will constitute an infraction.
8-5-030: INTERFERENCE WITH SNOW REMOVAL AND DEPOSIT ON RIGHT OF WAY
PROHIBITED:
(A) Interference With Snow Removal: It shall be unlawful for any person to park, abandon, or
ity ht f . at , time hicL '71 ob�truc+ hin,1e. •+
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will leave any vehicle in such a position that it is subject to damage by city employees, city
contractors, or state employees 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 section shall he
property parked in violation of this section. Snow removal operations shall be deemed completed
at such time as the full width of the street right of way has been restored.
eet betwee 2e --hours b ee o'cloc �30 0v0) A.�az--and-seven o'c-Ioc (7:n0r v0) - n 11 -vrth z—rrr-a ircr
zones between -the hours a ree-e'clock (3 00) dtwetve o'eloc (12:0m
(BA) Snow Deposited Onon Right Ofof Way Prohibited: Snow -may -net -be It shall be unlawful
for any person to cause snow to be dumped, deposited, placed, or pushed into any city street or
public right of way. It shall be unlawful for any person to Snow removed remove snow from private
Page 8 of 13
Ordinance 1013 Parking and Snow Removal
September 22, 2022
property may not and cause it to be piled so as to block or cover a fire hydrant, snow pole, street
sign, culvert inlets and outlets, or other drainage structures.
(111 Snow Deposited upon the Property of Another without Permission: It shall be unlawful for
any person to cause snow to be dumped, deposited, placed, or pushed onto property owned by
another without first obtaining written permission.
(C) Penalties:Any person violatin,. tbissectio Any person depositing or causing or directing
another to deposit snow as prohibited in this section shall be issued a Notice of Snow Storage
Violation as provided in Section 8.5.040, and shall be fined twenty five dollars ($25.00) in an
amount identified on the City Clerk's fine schedule which schedule shall be set by resolution of
the City Council from time to time; 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. 920, 2-13-2014)
8.5.040 NOTICE OF SNOW STORAGE VIOLATIONS AND PROCEDURES:
(A) Upon observing a violation of the provisions specified in section 8.5.030 of this title, the
City Street Superintendent, City Code Enforcement Office or the McCall City Police Department
is authorized to serve a Notice of Snow Storage Violation, by any one or more of the following
means:
1. By securing a Notice of Snow Storage Violation to the front door or other prominent
location on the real property from which the snow deposited in the right of way
originated;
2. By personally serving the owner or lessee of the real property from which the snow
deposited in the right of way originated with a Notice of Snow Storage Violation. Such
service may be effectuated by personally serving a Notice of Snow Storage Violation
upon a person who is over the age of eighteen (18) years, and who is found within a
dwelling structure upon the real property from which the snow deposited in the right
of way originated;
3. By mailing, via United States Postal Service first class mail, a Notice of Snow Storage
Violation to the mailing address for the real property from which the snow deposited
in the right of way originated as well as by mailing a copy of the Notice of Snow
Storage Violation to the owner of record as identified for property tax purposes by the
Valley County Assessor.
(B) Every Notice of Snow Storage Violation shall include the following, if applicable to the
observed violation:
1. The date and time the violation was observed;
2. The location where the violation occurred;
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Ordinance 1013 Parking and Snow Removal
September 22, 2022
3. The address for the property from which the snow storage violation originated;
4. The Code section violated and a brief description of the violation;
5. The fine amount and any applicable fees;
6. Instructions explaining how the owner, lessor or occupant of the real property may pay
the fine and fees associated with the snow storage violation; and
7. A statement describing the process by which the owner of the real property from which
the snow deposited in the right of way originated, or any other person receiving the
Notice of Snow Storage Violation may request reconsideration of the Notice of Snow
Storage Violation.
(C) A separate Notice of Snow Storage Violation may be served for each violation.
1. Failure to completely remediate a snow storage violation under this Section within four
(4) days of service of a Notice of Snow Storage Violation shall constitute a new snow
storage violation under this Section and shall warrant service of an additional Notice
of Snow Storage Violation according to the terms of this Section.
(D) One copy or an automated record of each Notice of Snow Storage Violation shall be filed
with the City Clerk's office.
(E) Each person served with a Notice of Snow Storage Violation shall, within thirty (30)
business days from the date on the Notice of Snow Storage Violation was served upon a person,
or if notice is served by mail, within thirty (30) business days from the date of posting to the
address of the real property from which the snow deposited in the right of way originated, shall:
1. Pay the corresponding snow storage violation fine amount on the City Clerk fine
schedule which schedule shall be set by resolution of the City Council from time to
time, plus any applicable fees; or
2. Submit to the City Clerk's Office a request for reconsideration of the violation indicated
on the Notice of Snow Storage Violation.
3. All unpaid violations shall have an administrative fee in an amount as established by
the City Council and listed on the most current City Clerk fee schedule to defray the
administrative and personnel costs and mailing expenses arising from collection of
fines
(F) A request for reconsideration to the City Clerk is an informal process by which a person
who received a Notice of Snow Storage Violation may submit a written challenge to the validity
of a Notice of Snow Storage Violation and ask for reconsideration of the snow storage violation
by the City Clerk. The City Clerk shall review all documents, evidence and information submitted
and, within ten (10) business days of the receipt of the request for reconsideration, the City Clerk
shall issue a written decision determining whether reversal of the issued Notice of Snow Storage
Violation is warranted. A Notice of Snow Storage Violation shall only be reversed by the City
Ordinance 1013 Parking and Snow Removal
September 22, 2022
Page 10 of 13
Clerk if the Clerk can find by a preponderance of the evidence presented that the Notice of Snow
Storage Violation was issued in error. The City Clerk's written determination shall be final. The
City Clerk's written decision shall become effective immediately upon transmission of the
decision to the applicant by U.S. Mail. The City Council may set a fee to defray the cost of such
requests for reconsideration. The reconsideration fee must be collected by the City Clerk before a
request for reconsideration will be honored.
(G) A Notice of Snow Storage Violation shall be delinquent if the person responsible for
payment fails to pay all fines and fees:
1. Within thirty (30) business days from the date on the Notice of Snow Storage Violation
was personally served as provided herein; or
2. Within thirty (30) business days from the date of posting notice to the address of the
real property from which the snow deposited in the right of way originated; or
3. Within ten (10) days of transmission of the City Clerks written decision on a request
for reconsideration to the Applicant via U.S. Mail.
(H) Any person holding a business license and a permit for commercial snow removal service
who violates the provisions of section 8.5.030 of this title, shall, on the first offense, be issued a
Notice of Snow Storage Violation and shall be subject to a fine in the amount indicated on the fine
schedule approved by the City Council and maintained by the City Clerk, and a fee set by the City
Council to offset the administrative costs of issuance of the Notice of Snow Storage Violation, and
collection of the corresponding fee. Any contractor found to have violated the provisions of section
8.5.030 of this title a second time within 365 days of the first offense shall be subject to suspension
of their snow removal contractor's license for a period of sixty (60) days. Any person who is issued
a Notice of Snow Storage Violation may request reconsideration of the fine or business license
suspension using the same process as applicable to snow storage violations provided in this
Section.
4.3.1: LICENSE REQUIRED; APPLICATION; AND PROCEDURE:
(A) It shat be u lawf •' f aAny person to who engages in the business of snow removal Mess
without first obtaining a valid general business license per McCall City Code 4.2.3 and a permit
for commercial snow removal service within the City Limits,
f r i^ thi" chapter an'' whicl, ~ ful free a~a eff ct shall be fined in the amount indicated on
the fine schedule approved by the City Council and maintained by the City Clerk. Any such person
may request reconsideration of the fine and business license revocation to the City Clerk using the
same process as applicable to a Notice of Snow Storage Violation provided in this chapter.
(B) An application for such ease permit for commercial snow removal service shall be made
to the City Clerk in such form and manner as provided by the City Clerk's Office and shall include:
1. Name and description of the applicant; if the licaet i tio�
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Page 11 of 13
Ordinance 1013 Parking and Snow Removal
September 22, 2022
be acting as a snow removal contractor in the City, and each shall receive and maintain
license documentation;
2. If the applicant is an association, company, or corporation, then it shall submit a list
naming each natural person who will be acting as a snow removal contractor in the
City, and each shall receive and maintain license documentation;
2, 3. Address, both legal and local;
3 4. A description of the vehicle or equipment to be used;
4.. Tax ID number and/or driver's license number of applicant;
5. The name of the contact person in case of issues related to their services within the
City;
6. Proof of insurance showing the snow removal contractor has a policy of liability and
property damage insurance covering the work of the snow removal contractor and the
contractor's employees. The insurance policy should also list the City as an additional
insured party in a sum not less than provided by Idaho Code section 6-926 et seq.
(C) At the time of filing an application, the fee for a general business license and permit for
commercial snow removal shall be paid and is nonrefundable. The fee shall be set from time to
time by resolution of the City Council. (Ord. 953, 12-1-2016)
4.3.2: SNOW REMOVAL CONTRACTOR RESPONSIBILITY:
(A) The snow removal contractor shall be responsible for the work performed under the
provisions of this section and comply with the rules and regulations pertaining to snow removal
within the City.
1. The public right-of-way is used by the City for storage of snow plowed from the streets.
It is not available for snow storage for individuals.
2. Under no circumstances can snow be plowed or blown in a manner that interferes with
City or Idaho Transportation Department snow removal operations, or with the public's
normal use of City streets.
3. Under no circumstances can snow be plowed onto adjacent private property without
written permission from the property owner.
4. Under no circumstances can snow from private property be stored on public property
without written permission from the City's Public Works Department.
(B) The snow removal contractor shall keep a log of the properties served which will be
provided to the City upon request of the City.
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Ordinance 1013 Parking and Snow Removal
September 22, 2022
(C) Comply with all City, County, State, and Federal laws.
(D) All contractors shall have in their possession during snow removal operations, the
appropriate snow removal license permit documentation (i.e., sticker, identification card, etc.) as
provided by the City. (Ord. 953, 12-1-2016)
(E) Any contractor found to have violated this section, shall, on the first offense, be subject to
a fine in the amount indicated on the fine schedule approved by the City Council and maintained
by the City Clerk. Failure to timely pay on a violation will constitute an infraction. Any contractor
found to have violated this section a second time within 365 days of the first offense shall be
subject suspension of their snow removal contractor's license for a period of sixty (60) days. Any
such person may request reconsideration of the fine and business license revocation by the city
clerk using the same process as applicable to snow storage violations provided McCall City Code
8.5.040.
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Ordinance 1013 Parking and Snow Removal
September 22, 2022
SUMMARY
ORDINANCE NO. 1013
AN ORDINANCE OF THE CITY OF McCALL, VALLEY COUNTY, IDAHO, AMENDING
SECTIONS 4.3.1, LICENSE REQUIRED; APPLICATION; AND PROCEDURE, AND 4.3.2.,
SNOW REMOVAL CONTRACTOR RESPONSIBILITY, OF CHAPTER 3, SNOW REMOVAL
LICENSES, TITLE IV, BUSINESS REGULATIONS, OF THE McCALL CITY CODE TO
ESTABLISH FINES AND LICENSE SUSPENSION FOR UNLAWFUL COMMERCIAL
SNOW REMOVAL AND PROVIDE FOR RECONSIDERATION OF FINES AND BUSINESS
LICENSE REVOCATION; AMENDING SECTIONS 5.6.210, AUTHORITY TO REGULATE,
5.6.220, GENERAL PROVISIONS AND PRESUMPTIONS, DELETING SECTION 5.6.230,
PONDEROSA STATE PARK RULES AND REGULATIONS, RETITLING 5.6.240, PENALTIES
FOR PARKING VIOLATIONS, TO NOTICE OF PARKING VIOLATIONS AND PROCEDURES,
AND ENACTING 5.6.250, NOTICE OF PARKING VIOLATION DELINQUENCY AND
COLLECTION, OF CHAPTER 6, VEHICLE AND BOAT REGULATIONS, TITLE V, PUBLIC
SAFETY, OF THE McCALL CITY CODE TO AUTHORIZE THE CITY TO REGULATE,
LIMIT AND CONTROL TRAFFIC AND PARKING WITHIN ITS BOUNDARIES AND
PROVIDE FOR NOTICE AND COLLECTION OF PARKING VIOLATIONS; AND
AMENDING SECTION 8.5.030, INTERFERENCE WITH SNOW REMOVAL AND DEPOSIT ON
RIGHT OF WAY PROHIBITED, AND ENACTING 8.5.040, NOTICE OF SNOW STORAGE
VIOLATIONS AND PROCEDURES, OF CHAPTER 5, SNOW, ICE AND RUBBISH REMOVAL,
TITLE VIII, PUBLIC WAYS AND PROPERTY, OF THE McCALL CITY CODE TO EXPAND
WHAT CONSTITUTES INTERFERENCE WITH SNOW REMOVAL, VIOLATIONS FOR
SNOW STORAGE, PROVIDE PENALTIES FOR VIOLATIONS AND FOR
RECONSIDERATION OF FINES AND BUSINESS LICENSE REVOCATION. PROVIDING
FOR SAVINGS AND SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE
The purpose of this code revision is to do three things:
1. Decriminalize parking and snow storage violations and provide for enforcement by fines,
2. Provide additional regulations for commercial snow removal, and
3. Create an enforcement mechanism in support of the first two goals.
This code revision achieves these purposes by enacting the following:
• Amends and creates parking regulations that accommodate snow removal.
• Defines the process for issuance of a notice of violation for parking or snow storage
violations.
• Provides the process for the Council to establish fines for notices of violation to be set by
resolution.
• Creates a process for request for reconsideration of a notice of violation to the City Clerk.
• Allows for further enforcement of unpaid notices of violation.
• Deletes certain specific regulations for Ponderosa State Park.
• Prohibits depositing of plowed snow onto public ROW or upon property owned by a third
party.
Ordinance 1013 Summary
September 22, 2022
Page 1 of 2
• Identifies the penalties for violation of city code by those licensed for snow removal.
• Establishes a fine for commercial snow removal without a license.
That the effective date of the Ordinance is upon 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.
PASSED AND APPROVED BY THE MAYOR AND COUNCIL OF THE CITY OF McCALL,
IDAHO, THIS 22 DAY OF SEPTEMBER, 2022.
ATTEST:
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• Approved:
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BessieJo W er, City !`erk
Ordinance 1013 Summary
September 22, 2022
Page 2 of 2
WHITE PETERSON
ATTORNEYS AT LAW
KATELIN E. BARTLES
MARC J. BYBEE
WM. F. GIGRAY, III
MATTHEW A. JOHNSON
BRYAN W. KNOX
WILLIAM F. NICHOLS *
ANDREA H. NIELSEN
BRIAN T. O'BANNON *
WHITE, PETERSON, GIGRAY & NICHOLS, P.A.
CANYON PARK AT THE IDAHO CENTER
5700 E. FRANKLIN RD., SUITE 200
NAMPA, IDAHO 83687-7901
TEL (208)466-9272
FAx (208) 466-4405
EMAIL: mjohnson@whitepeterson.com
September 14, 2022
City of McCall
BessieJo Wagner, City Clerk
216 E. Park St.
McCall, ID 83638
Delivered electronically to bwagner@mccall.id.us
Re: Summary Certification Ordinance 1013 —Parking and Snow Removal
Dear BessieJo,
PHILIP A. PETERSON
WILLIAM L. PUNKONEY
TERRENCE R. WHITE
OF COUNSEL
WILLIAM F. "BUD" YOST
OF COUNSEL
* Also admitted in OR
Opinion: As a legal advisor for the City of McCall, please consider this my statement and
opinion that the attached summary is true and complete and provides adequate notice of the contents
of said ordinance to the public.
Requested Action: Upon passage of the ordinance please proceed to file this statement
with the original ordinance in the Ordinance Book of the City of McCall, as required by Idaho Code
50-901A (3).
Sincerely,
WHITE PETERSON
Matthew A. Johnson