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HomeMy Public PortalAboutORD 247-11-20_Regulation of City Parks_11172020Instrument N 1669839 Bonneville County Idaho Falls, Idaho 01/07/2021 02:15:39 PM No. of Pages: 4 Recorded for: CITY OF IONA Penny Manning Fee: $0.00 ga Ex -Officio Recorder Deputy Index to: ORDINANCE ORDINANCE NO. 247-11-20 AN ORDINANCE OF THE CITY OF IONA, IDAHO; REPEALING AND REENACTING CHAPTER 1 IN TITLE 8 OF THE IONA CITY CODE, RELATING TO REGULATION OF CITY PARKS; PRESERVING PRIOR ORDINANCES IN EACH INSTANCE; PROVIDING FOR SEVERABILITY; AND ESTABLISHING AN EFFECTIVE DATE. BE IT ORDAINED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF IONA, IDAHO THAT: Section 1. Repeal of Chapter 1 in Title 8 of the Iona City Code. Chapter 1 of Title 8 of the Iona City Code of the City of Iona, Idaho, is hereby repealed. Section 2. Reenactment of Chapter 1 in Title 8 of the Iona City Code. Chapter 1 of Title 8 of the Iona City Code of the City of Iona, Idaho, is reenacted in a form set forth in Exhibit A attached hereto and incorporated herein by reference. Section 3. Preservation of Prior Ordinance. The sections of the Iona City Code repealed and/or amended by this Ordinance shall be preserved to the extent necessary to allow the arrest, prosecution, punishment, and indebtedness of any person who violates such provisions prior to the effective date hereof. Section 4. Severability. The sections and subsections of this Ordinance are severable. The invalidity of any section or subsection shall not affect the validity of the remaining sections or subsections. Section 5. Effective Date. This Ordinance shall become effective upon its passage, execution and publication in the manner provided by law. PASSED BY THE COUNCIL AND APPROVED BY THE MAYOR this VI day of (\,6kIfiVIA,S0tr , 2020. Dan Gubler Mayor ATTEST: K.vri West City Clerk -City 1/l�rrs ,,1 ' 1• nALX n „• .7. • ....... ./44‘. A STATE OF IDAHO ) )ss. County of Bonneville ) I, KERI WEST, CITY CLERK OF THE CITY OF IONA, IDAHO, DO HEREBY CERTIFY: That the above and foregoing is a full, true and correct copy of the Ordinance entitled, "AN ORDINANCE OF THE CITY OF IONA, IDAHO; REPEALING AND REENACTING CHAPTER 1 IN TITLE 8 OF THE IONA CITY CODE, RELATING TO REGULATION OF CITY PARKS; PRESERVING PRIOR ORDINANCES IN EACH INSTANCE; PROVIDING FOR SEVERABILITY; AND ESTABLISHING AN EFFECTIVE DATE." Keri West W,/4 City Clerk \\Lawdata \WPDATA\DAR\_I Pending\2708-2020 City of Iona \ ORDINANCES \_ORD TEMPLATE v00.docx EXHIBIT A CHAPTER 1 Parks SECTION: 8-1-1: Control of Pets 8-1-2: No Alcoholic Beverages Allowed 8-1-3: Operation of Motor Vehicles 8-1-4: Commercial Activities in Parks 8-1-5: Park Grounds 8-1-6: Park Hours 8-1-7: Penalties 8-1-1: CONTROL OF PETS. Pet owners shall be responsible for their pets in all public parks and must keep their pets under control, including (but not limited to) keeping pets on a leash at all times while in a public park. Pet owners shall clean up after, remove, and properly dispose of any waste left by their pets in all public parks. Further, all pets in public parks are also subject to Chapters 3 and 4 of Title 5 of this Code (regarding the treatment of Animals and Dog Control). 8-1-2: NO ALCOHOLIC BEVERAGES ALLOWED. No person shall sell, offer for sale, consume, or open any alcoholic beverage in any public park, nor shall any person possess any open container of any alcoholic beverage in any public park. Provided, however, that the City may, by resolution or other written agreement, allow alcoholic beverages to be sold, consumed, and possessed in a specific public park for specific dates and times in association with an approved event. 8-1-3: OPERATION OF MOTOR VEHICLES. No person shall operate any motorized vehicle within any public park without the express written consent of the Mayor. Notwithstanding the foregoing, employees, contractors, or agents of the City may reasonably and safely operate a motorized vehicle owned by the City for City business (including maintenance) within any public park. 8-1-4: COMMERCIAL ACTIVITIES IN PARKS. No person shall sell or offer for sale any good or service within a public park, nor shall any person operate or cause to be operated any amusement ride, device, mechanical or electronic game or machine, show, or exhibit of any kind in any public park. Provided, however, that the City may, by resolution or other written agreement, allow certain commercial activities in a specific public park for specific dates and times in association with an approved event. 8-1-5: PARK GROUNDS. (A) Planting or Removal of Plants. No trees, shrubs, vines, or other plants shall be planted in any public park without the consent of the City. No trees, shrubs, vines, or other plants shall be cut down or removed from any public park without the consent of the City. (B) Damage to Park Grounds. No person shall damage, harm, or deface any City property in any public park. Further, no person shall dig or excavate in any public park without the consent of the City. 8-1-6: PARK HOURS. All public parks shall be closed daily from 12:00 a.m. to 5:00 a.m. All persons in any public park during any park closure without the express written consent of the Mayor shall be considered trespassers. 8-1-7: PENALTIES. A first violation of any provision of this Chapter shall be an infraction, punishable by a penalty up to $150. A second violation within 90 days of the first violation shall be an infraction, punishable by a penalty up to $300. A third violation within 180 days of the first violation shall be a misdemeanor.