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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