HomeMy Public PortalAboutOrd. 920 - Title 8 Amendment - Interference with Snow Removal & Deposit on Right of Way ProhibitedORDINANCE NO.920
AN ORDINANCE OF THE CITY OF McCALL, VALLEY COUNTY, IDAHO, AMENDING
SECTION 8.5.030, INTERFERENCE WITH SNOW REMOVAL AND DEPOSIT ON RIGHT OF
WAY PROHIBITED, OF THE McCALL CITY CODE TO EXPAND THE CODE TO APPLY
TO SNOW REMOVAL OPERATIONS BY THE STATE OF IDAHO AND INCORPORATE
THAT PORTION OF THIRD STREET BETWEEN RAILROAD AVENUE AND
COLORADO STREET WITH THE CENTRAL BUSINESS DISTRICT FOR APPLICATION
OF PARKING RESTRICTIONS DURING DAILY SNOW REMOVAL OPERATIONS FROM
NOVEMBER 1 TO MARCH 31 OF THE FOLLOWING YEAR.
NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE
CITY OF McCALL, IDAHO:
Section 1:
That Section 8.5.030, Interference With Snow Removal And Deposit On Right Of Way
Prohibited, of the McCall City Code be, and the same is hereby, AMENDED as follows:
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 otherwise leave unattended any vehicle or trailer, as defined in
chapter 1 of title 49, Idaho Code, on any city right of way at any time or in any
manner which will obstruct or hinder any city employees er city contractor, or
State of Idaho during snow removal operations or which will leave any vehicle in
such a position that it is subject to damage by city employees er-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 be subject to citation or towing. 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. 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. 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 subsection 3.4.01(C) of this code) and that portion of Third
Street between Railroad Avenue and Colorado Street between the hours of three
Page 1 of 2
Ord. No 920Title 8 Amendment
February 13, 2014
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.
(B) Snow Deposited On Right Of Way Prohibited: 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.
(C) 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. (Ord. 891, 11-17-2011)
Section 2. Effective Date: That this ordinance shall take effect and be in full force upon its
passage, approval, and publication of the same in accordance with Idaho law.
PASSED AND APPROVED BY THE MAYOR AND COUNCIL OF THE CITY OF McCALL,
IDAHO, THIS 13 DAY OF FEBRUARY, 2014.
Approved:
Ord. No 920Tit1e 8 Amendment
February 13, 2014
Page 2 of 2
A SUMMARY OF ORDINANCE NO. 920
PASSED BY THE CITY OF McCALL, IDAHO
AN ORDINANCE OF THE CITY OF McCALL, VALLEY COUNTY, IDAHO, AMENDING
SECTION 8.5.030, INTERFERENCE WITH SNOW REMOVAL AND DEPOSIT ON RIGHT OF
WAY PROHIBITED, OF THE McCALL CITY CODE TO EXPAND THE CODE TO APPLY
TO SNOW REMOVAL OPERATIONS BY THE STATE OF IDAHO AND INCORPORATE
THAT PORTION OF THIRD STREET BETWEEN RAILROAD AVENUE AND
COLORADO STREET WITH THE CENTRAL BUSINESS DISTRICT FOR APPLICATION
OF PARKING RESTRICTIONS DURING DAILY SNOW REMOVAL OPERATIONS FROM
NOVEMBER 1 TO MARCH 31 OF THE FOLLOWING YEAR.
The principal provisions of this ordinance
• AMEND Section 8.5.030, Interference With Snow Removal And Deposit On Right Of
Way Prohibited, subsection (A), of the McCall City Code
• to include the State of Idaho and its employees with city employees and
contractors for purposes of authorized snow removal operations and extend
indemnification from liability to the State of Idaho and its employees for any
damage to vehicles or property improperly parked; and
• include that portion of Third Street between Railroad Avenue and Colorado
Street as a location having daily snow removal operations from November 1
to March 31 of the following year
The Ordinance contains a severability clause and 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.
PASSED AND APPROVED BY THE MAYOR AND COUNCIL OF THE CITY OF McCALL,
IDAHO, THIS 13 DAY OF FEBRUARY, 2014.
Attest:
BessieJo gner, CI CLERK
ORDINANCE SUMMARY CERTIFICATION
Ordinance No. 2014-920
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 13 day of February, 2014.
William F. Nic ols
Publisher's Affidavit of Publication
STATE OF IDAHO
.ss
County of Valley
I, Kim C. Drake, being duly sworn and say, I am the receptionist of
The Star -News, a weekly newspaper published at McCall, in the County of Val-
ley, State of Idaho; that said newspaper is in general circulation in the county
of afore said and is a legal newspaper; that the PUBLIC NOTICE, a copy of
which is enclosed hereto and is a part hereof, was published in said newspaper
once a week for a period of one week in the regular and entire issue of every
number there of during the period of time of publication, and was published in
the newspaper proper and not in a supplement; and that publication of such
notice began February 27, 2014 and ended February 27, 2014.
C .
Subscribed a d sworn before me this the 27th day of February, 2014.
STATE OF IDAHO
COUNTY OF VALLEY
On this 27th day of February in the year of 2014, before me, a Notary
Public, personally appeared Kim C. Drake, known or identified to me to be the
person whose name subscribed to the within instrument, and being by me first
duly sworn, declared that the statements therein are true, and acknowledged to
me that she executed the same.
Tom Grote
Notary Public for Idaho
Residing at McCall, Idaho
Commission Expires 2/8/18
A SUMMARY OF ORDINANCE NO. 920
PASSED BY THE CITY OF McCALL, IDAHO AN
ORDINANCE OF THE CITY OF McCALL, VALLEY
COUNTY, IDAHO, AMENDING SECTION 8.5.030.
INTERFERENCE WITH SNOW REMOVAL AND DE-
POSIT ON RIGHT OF WAY PROHIBITED, OF THE Mc -
CALL CITY CODE TO EXPAND THE CODE TO APPLY
TO SNOW REMOVAL OPERATIONS BY THE STATE
OF IDAHO AND INCORPORATE THAT PORTION OF
THIRD STREET BETWEEN RAILROAD AVENUE
AND COLORADO STREET WITH THE CENTRAL
BUSINESS DISTRICT FOR APPLICATION OF PARK-
ING RESTRICTIONS DURING DAILY SNOW REMOV-
AL OPERATIONS FROM NOVEMBER 1 TO MARCH
31 OF THE FOLLOWING YEAR.
The principal provisions of this ordinance
•AMEND Section 8.5.030, Interference With Snow Re-
moval And Deposit On Right Of Way Prohibited, subsec-
tion (A), of the McCall City Code
• to include the State of Idaho and its employees with
city employees and contractors for purposes of authorized
snow removal operations and extend indemnification from
liability to the State of Idaho and its employees for any
damage to vehicles or property improperly parked; and
• include that portion of Third Street between Railroad
Avenue and Colorado Street as a location having daily
snow removal operations from November 1 to March 31
of the following year. The Ordinance contains a sever -
ability clause and shall be effective upon its passage, ap-
proval, 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.mc-
call.id.us.
PASSED AND APPROVED BY THE MAYOR AND
COUNCIL OF THE CITY OF McCALL, IDAHO, THIS
13 DAY OF FEBRUARY, 2014.
Attest: Jackie J. Aymon, MAYOR
BessieJo Wagner, CITY CLERK. ltc2/27