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HomeMy Public PortalAboutOrd. 530-A Obstructions on the Sidewalks, Streets, Alleys and Public Ways" ORDINANCE NO. 530-A AN ORDINANCE RELATING TO OBSTRUCTIONS ON THE SIDEWALKS, STREETS, ALLEYS AND PUBLIC WAYS OF THE CITY; REPEALING CHAPTER 2 OF TITLE VIII OF THE VILLAGE CODE OF McCALL, IDAHO; AND AMENDING TITLE VIII OF THE VILLAGE CODE OF McCALL, IDAHO, BY THE ADDITION OF A NEW CHAPTER 2, TITLE VIII OF THE VILLAGE CODE OF McCALL, IDAHO, TO MAKE IT UNLAWFUL TO OBSTRUCT THE SIDEWALKS, STREETS, ALLEYS AND PUBLIC WAYS OF THE CITY OF McCALL; DEFINING UNLAWFUL ACTS, REOUIRING PERMITS FOR PARADES AND PLACING OF BUILDING MATERIALS IN THE PUBLIC WAYS OF THE CITY, REQUIRING REMOVAL OF BUILDING MATERIALS AND LIMITS FOR REMOVAL OF BUILDING MATERIALS; REOUIRING BARRIERS AROUND OBSTRUCTIONS; REGULATING PLACEMENT OF TELEPHONE AND UTILITY POLES; MAKING IT UNLAWFUL TO POST BILLS AND POSTERS ON UTILITY POLES AND STREET SIGNS, AND PRO- VIDING FOR REMOVAL THEREOF; REQUIRING CLEANING OF GUTTERS AND DITCHES; PROVIDING FOR PERMITS FOR CON- STRUCTION OF SNOW SCULPTURES, AND PROVIDING PENALTIES. BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF McCALL, IDAHO, AS FOLLOWS: " Section 1. That Chapter 2 of Title VIII of the Village Code of McCall, Idaho, be, and the same is hereby repealed. Section 2. That Title VIII of the Village Code of McCall, Idaho, be, and the same is hereby amended by the addition thereto of a new chapter to be known and designated as Chapter 2 of Title VIII of the Village Code of McCall, Idaho, and to read as follows: 3-2-1: OBSTRUCTING STREETS: Whoever remains standing, lying or sitting down on any of the sidewalks, streets, alleys or public places in such a manner as to obstruct or impede the free passage of pedestrians or public travel, after being requested to immediately move on by the Mayor, Chief of Police or any police officer, or who wilfully remains on the sidewalk in front of any dwellina house or place of business which abuts on any of the sidewalks in this City, in such manner as to obstruct the free passage of any other person into or out of such dwelling house or place of business, without the consent or against the will of the pro- prietor, shall be deemed guilty of a misdemeanor. 8-2-2: OBSTRUCTING PUBLIC WAYS -STREET FURNITURE! It shall be unlawful for any person to place or cause to be placed in any street, sidwalk, park or public right of way any bench, newspaper rack, trash can, refuse receptacal, waiting bench, fencing or other obstruction or cause same to remain in said places to the detriment of public travel or convenience without first obtaining a permit from the City of McCall. " " t 8-2-3: PUBLIC PLACES; CAMPING IN: It shall be unlawful for any person to use any of the streets, sidewalks, parks or public places as a camping place at any time, or to cause or permit any vehicle to remain in any of said places to the detriment of public travel or conven- ience; or to cause or permit any livestock of any description to be herded into any of said places during any hours of the day or night. 8-2-4: LANDSCAPING: Any person or business who plants trees, shrubs, flowers, grass or plants or otherwise landscapes in a public right of way shall do so at their own risk and the City assumes no lia- bility for any damage to said landscaping by City vehicles or workmen, including but not limited to maintenance equip- ment and crews, snow plowing equipment and public safety vehicles. 8-2-5: SELLING ON STREETS: It shall be unlawful for any person, whether licensed auctioneers or not, to sell or offer for sale at public sale any property whatever on any street or sidewalk within the City without first obtaining a permit from the City; provided, however, that this Section shall not apply to any sheriff, constable or public officer offering property for sale by reason of any Law of the State and the provisions of this Code. 8-2-6: SIDEWALKS -BICYCLES: It shall be unlawful for any person to ride a bicycle upon any sidewalk of the City. 8-2-7: SIDEWALKS -VEHICLES AND ANIMALS: It shall be unlawful for any person to ride or drive any vehicle, horse, cattle or other livestock upon or across any of the sidewalks of the City except at alleys or driveways. 8-2-8: PARADES: No person shall conduct a parade or march within the City, without first having obtained the permission of the City as provided in this Section. Any person desiring to conduct a parade or march on any of the streets of the City shall make application to the City, setting forth the kind and nature of such parade, and the number of per;;ons, vehicles and animals that they desire to take part in said parade, and thereupon the City shall authorize and designate the streets which said person shall be allowed to use for that purpose and hours of such parade or march. Page 2 p No person shall take part in a parade within the City, upon any other streets or at any other times than those desi nated by the City. 8-2-9: BUILDING CONSTRUCTION: (A) Permit Required. No person shall place on a public street, alley or sidewalk, any materials or appliances for the use or construction, alteration or repair of any builidng of any kind or for any other purpose, necessitating temporary occupancy of any portion of any public street, alley or side- walk without first obtaining a permit therfor from the City. (B) Location of Materials. Materials or appliances shall not occupy more than one third (1/3) of the width of the roadway of the street, and not more than one half (1/2) of the width of any sidewalk, and shall be placed thereon to the satisfaction of the City. All material shall be confined to and occupy only such portion of the street as the permit may designate, and all sand, gravel, dirt, debris and other materials of any kind, shall be so cared for that they shall not be scattered or blown or otherwise moved to any other portion of the street, or interfere in any way with the carryina on of any business, or the enjoyment of any property rights, or the orivileaes of the public thoroughfare. It is further provided, that no materials of any kind or nature shall be deposited in any gutter wav of the street so as in any manner to obstruct the drainage thereof. (C) Removal of Materials. The permit herein required shall be granted only to the owner or agent of the owner of the lot or premises on which a building or in front of which a sidewalk or other work is proposed to be constructed, altered or repaired. The permittee thereof must remove or cause to be removed all dirt, debris and other material of any kind from the street, or sidewalk, to the satisfaction of the City, immediately after the completion of the construction, altera- tion or repair of such building, sidewalk or other improvement, or at such time prior thereto, when in the judgment of the City, the public interest or convenience will be best subserved by the removal of the same or any portion thereof. In the event such dirt, debris or other material shall not have been removed within the time herein specified, the City may remove the same and charge the expense of such removal to the owner. Every permit granted under the provisions of this Chapter shall be subject to the foregoing conditions. (D) Occupancy Time. The City shall prescribe in the permit granted the time for such occupancy of the street, and Page 3 r upon failure or neglect of the permittee to remove or cause to be removed, to the satisfaction of the City, such dirt, debris or other materials within two (2) days after being notified so to do by said City either by verbal or posted notice on the premises, the same shall be removed by the City as herein provided. 8-2-10: BARRIERS TO BE ERECTED: Every person temporarily occupying any public street or sidewalk, as in this Chapter provided, shall safeguard the public interest by erecting barriers at or near either approach of said obstruction, and shall during the period from one hour after sunset to one hour before sunrise, display thereon a red light, visible at least two hundred feet (200') in the direction in which the travel is proceeding; provided, that any vehicle left standing in the street during the nighttime shall be safeguarded by lights as in this Section provided; and, provided further, that no vehicle shall be left standing in alleys during the nighttime, in a manner that will obstruct traffic. 8-2-11: TELEPHONES; REGULATING PLACEMENT: No person shall place any telephone hereinafter installed in any doorway leading from the street to any building without first obtaining a permit to do so from the City. No person shall place any telephone hereinafter installed upon the exter- ior of any building without first obtaining a permit to do so from the City. No telephone company shall install a telephone in such cases without first obtaining a permit or verifying that such permit has been obtained from the City. Any person violating the provisions of this Section shall be guilty of a misdemeanor, and all such instruments shall be removed by the City. 8-2-12: UTILITY POLES: All poles hereinafter set up or erected in the streets of the City for the purpose of suspending thereon or therefrom wires for transmission of telegraph or telephone messages, or for use in furnishing electric light or power to be installed in the public right of way or on property of the City shall be installed according to City specifications and such install- ation shall be approved by the City. 8-2-13: UTILITY POLES; REMOVAL: Whenever it shall be deemed necessary by the Council to pave any street, or whenever it shall be necessary to construct any sidewalk on any street, on or along which utility poles have heretofore been erected not in conformity with the Page 4 1 provisions of the preceding Section, notice shall be served upon the person in control of such poles to remove and reset the same in accordance with the provisions of the preceding Section, within five (5) days after service of notice. Any, and every pole under the control of any person so notified which is not removed or reset within five (5) days shall be deemed a nuisance. 8-2-14: POSTING ON STREET SIGNS AND UTILITY POLES: It shall be unlawful for any person to post any bills, posters, advertisements, campaign literature or other notices on any utility pole, telephone pole or street sign. All such notices shall be removed by the City. 8-2-15: GUTTERS -CLEANING: Every owner, agent or occupant of any real property shall at all times keep gutters or ditches in front of such property in a clean condition, free from all obstruction or weeds, and of sufficient depth and width to at all times readily convey irrigating or surface water without any overflow upon streets or sidewalks or any restriction of the free flow thereof. 8-2-16: WINTER CARNIVAL, SNOW SCULPTURES -PERMITS REQUIRED: No person shall build or erect any snow sculpture in any street, alley, sidewalk or public right of way without first obtaining a permit from the City. 8-2-17: PENALTY: Any person violating the provisions of this Chapter shall be deemed guilty of a misdemeanor, and upon conviction thereof shall be fined in any amount not exceeding three hundred dollars ($300.00) or be imprisoned in the county jail for a period not exceeding thirty days, or by both such fine and imprisonment, and in addition such persons shall be liable for damages to such street, alley or public way by reason of violation of any of the provisions of this Chapter, such damages to be recovered by the City before any court of competent jurisdiction. Passed and approved this.; ? day of rn 1988. Mayo Page 5 Publisher's Affidavit of Publication STATE OF IDAHO. �. .ss County of Valley 1, Penny Eberle, being duly sworn and say, I am the receptionist of The Central Idaho Star -News, a weekly newspaper published at McCall, in the County of Valley, State of Idaho; that said newspaper is in general circulation in the county of aforesaid and is a legal newspaper; that the iJl 4,(1 /1/GL 5 30 a copy of which is attached hereto and made a part hereof, was published in said newspaper once a week for D -'-/e consecutive weeks in the regular and entire issue of every number thereof during the period of time of publication, and was published in the newspaper proper and npt^,tr a supple- ment; and that publication of such nice began vtr'-Q 1988, and ended J1' ', 1988. Su.s scribed worn before me this the day of ;%'1 j , 1988. STATE OF IDAHO, COUNTY OF VALLEY, ss. On this ,r ,"'E" day of J- � ▪ 'f , 1988 before me, a Notary Public in and for said State, personally appeared Eberle, known to me or identifed to me to be the receptionist of the corporation that executed the instrument of the person(s) who executed the instrument on behalf of said corporation, and acknowledged to me that such corporation executed the same. Tom Grote Notary Public Residing at McCall, Idaho Commission Expires: 1993 crOP OKUINANCE NO. 530•A AN ORDINANCE RELATING TO OB- STRUCTIONS ON THE SIDEWALKS, STREETS, ALLEYS AND PUBLIC WAYS OF THE CITY; REPEALING CHAPTER 2 OF TITLE VIII OF THE VILLAGE CODE OF McCALL, IDAHO, BY THE ADDITION OF A NEW CHAPTER 2, TITLE VIII OF THE VILLAGE CODE OF McCALL, IDAHO, TO MAKE IT UNLAWFUL TO OBSTRUCT THE SIDEWALKS, STREETS, ALLEYS AND PUBLIC WAYS OF THE CITY OF McCALL; DEFINING UNLAW- FUL ACTS, REQUIRING PERMITS FOR PARADES AND PLACING OF BUILDING MATERIALS IN THE PUBLIC WAYS OF THE CITY, REQUIRING REMOVAL OF BUILDING MATERIALS AND LIMITS FOR REMOVAL OF BUILDING MATERI- ALS; REQUIRING BARRIERS AROUND OBSTRUCTIONS; REGULATING PLACE- MENT OF TELEPHONE AND UTILITY POLES; MAKING IT UNLAWFUL TO POST BILLS AND POSTERS ON UTILITY POLES AND STREET SIGNS, AND PRO - VT )ING FOR REMOVAL THEREOF; RE- QUIRING CLEANING OF GUT7 ERS AND DITCHES; PROVIDING FOR PERMITS FOR CONSTRUCTION OF SNOW SCULPTURES, AND PROVIDING PENAL- TIES. BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF McCALL, IDAHO, AS FOLLOWS: ,Section 1. That Chapter 2 of Title VIII of the Village Code of McCall, Idaho, be, and the same is hereby repealed. Section 2. That Tide VIII of the Village Code of McCall, Idaho, be, and the same hereby amended by the addition thereto of a new chapter to be known and desig- nated as Chapter 2 of Title VIII of the Village Code of McCall, Idaho, and to read as follows: 8-2-1: OBSTRUCTING STREETS: Whoever remains standing, lying or sitting down on any sidewalks, streets, alleys or public places in such a manner as to obstruct or impeded the free passage of pedestrians or public travel, after be- ing requested to immediately move on by the Mayor, Chief of Police or any police officer, or who willfully remains on the ;idewalk in front of any dwelling, house or place of business which abuts on any of the sidewalks in this City, in such manner as to obstruct the free passage of any other person into or out of such dwelling house or place of business, without the consent or against the will of the proprietor, shall be deemed guilty of a misdemeanor. 8-2-2: OBSTRUCTING PUBLIC WAYS -STREET FURNITURE: It shall be unlawful for any person to place or cause to be placed in any street, [idewalk, park or public right of way any )ench, newspaper rack, trash can, refuse •eceptacle, waiting bench, fencing or )cher obstruction or cause same to remain n said places to the detriment of public ravel or convenience without first ob- aining a permit form the City of Mc - :a11. 8-2-3: PUBLIC PLACES; CAMPING N: It shall be unlawful for any person to se any of the streets, sidewalks, parks ✓ public places as a camping place at ny time, or to cause or permit any vehi- le to remain in any of said places to the etriment of public travel or convenience; ✓ to cause or permit any livestock of ay description to be herded into any of aid places during any hours of the day ✓ night. 8-2-4: LANDSCAPING: Any person or business who plants ees, shrubs, flowers, grass or plants or therwise landscapes in a public right of ay shall do so at their own risk and the ity assumes no liability for any damage r said landscaping by City vehicles or 'orkmen, including but not limited to iaintenance equipment and crews, snow lowing equipment and public safety ve- icles. 8-2-5: SELLING ON STREETS: It shall be unlawful for any person, whether licensed auctioneers or not, to sell or offer for sale at public sale any property whatever on any street or side- walk within the City without first ob- taining a permit from the City; provided, 'owever, that this Section shall not ap- - ly to any sheriff, constable or public 3fficer offering property for sale by rea- lm of any Law of the State and the pro- 'isions of this Code. 8-2-6: SIDEWALKS -BICYCLES: It shall be unlawful for any person to ide a bicycle upon any sidewalk of the City. 8-2-7: SIDEWALKS -VEHICLES AND AN- IMALS: It shall be unlawful for any reason for any person to ride or drive any vehicle, horse, cattle or other livestock upon or across any of the sidewalks of the City except at alleys or driveways. 8-2-8: PARADES: No person shall conduct a parade or march within the City, without first hav- ing obtained the permission of the City as provided in this Section. Any person desiring to conduct a pa- rade or march on any of the streets of the City shall make application to the City, setting forth the kind and nature of such parade, and the number of persons, vehi- cles and animals that they desire to take part in said parade, and thereupon the City shall authorize and designate the streets which said person shall be al- lowed to use for that purpose and hours of such parade or march. No person shall take part in a parade within the City, upon any other streets or at any other times than those desig- nated by the City. 8-2-9: BUILDING CONSTRUCTION: (A) Permit required. No person shall place on a public street, alley or side- walk, any materials or appliances for the use of construction, alteration or repair of any building of any kind or for any other purpose, necessitating temporary occupancy of any portion of any public street, alley or sidewalk without first obtaining a permit therefor from the City. (B) Location of Materials. Materials or appliances shall not occupy more than one third (1/3) of the width of the road- way of the street, and not more than one half (1/2) of the width of any sidewalk, and shall be placed thereon to the satis- faction of the City. All material shall be confined to and occupy only such a portion of the stye -t as the permit may designate, and all sand, gravel, dirt, debris and other mate- rials of any kind, shall be so cared for that they shall not be scattered or blown or otherwise moved to any other portion of the street, or interfere in any way with the carrying on of any business, or the enjoyment of any property rights, or the privileges of the public thoroughfare. It is further provided, that no materials of any kind or nature shall be deposited in any gutter way of the street so as in any manner to obstruct the drainage thereof. (C) Removal of Materials. The permit herein required shall be granted only to the owner or agent of the owner of the lot or premises on which a building or in front of which sidewalk or other work is proposed to be constructed, altered or re- paired. The permittee thereof must re- move or cause to be removed all dirt, de- bris and other material of any kind from the street, or sidewalk, to the satisfaction of the City, immediately after the completion of the construction, alteration or repair of such building, sidewalk or other improvement, or at such time prior thereto, when in the judgment of the City, the public interest or convenience will be best subserved by the removal of the same or any portion thereof. In the event such dirt, debris or other material shall not have been removed within the time herein specified, the City may re- move the same and charge the expense of such removal to the owner. Every permit granted under the provisions of this Chapter shall be subject to the foregoing conditions. (D) Occupancy Time. The City shall prescribe in the per- mit granted the time for such occupancy of the street, and upon failure or neglect of the permittee to remove or cause to be removed, to the satisfaction of the City, such dirt, debris or other materials within two (2) days after being notified so to do by said City either by verbal or posted notice on the premises, the same shall be removed bu the City as herein provided. 8-2-10: BARRIERS TO BE Lldt:1.,,;: Every person temporarily occupying any public street or sidewalk, as in this Chapter provided, shall safeguard the public interest by erecting barriers at or near either approach oil said obstruction, and shall during the period from one hour after sunset to one hour before sunrise, display thereon a red light, visible at least two hundred (200') in the direction in which the travel is proceeding; pro- vided, that any vehicle left standing in the street during the nightime shall be safeguarded by lights as in this Section provided; and, provided further, that no vehicle shall be left standing in alleys during the nightime, in a manner that will obstruct traffic. 8-2-11: TELEPHONES; REGULATING PLACEMENT: No person shall place any telephone hereinafter installed in any doorway lead- ing from the street to any building with- out first obtaining a permit to do so from the City. No person shall place any tele- phone hereinafter installed upon the exterior of any building without first ob- taining a permit to do so from the City. No telephone company shall install a telephone in such cases without first ob- taining a permit or verifying that such permit had been obtained from the City. Any person violating the provisions of this Section shall be guilty of a misde- meanor, and all such instruments shall be removed by the City. 8-2-12. UTILITY POLES: All poles hereinafter set up or erected in the streets of the City for the purpose of suspending thereon or therefrom wires for transmission of telegraph or tele- phone messages, or for use in furnishing electric light or power to be installed in the public right of way or on property of the City shall be installed according to City specifications and such installation shall be approved by the City. 8-2-13: UTILITY POLES; REMOVA Whenever it shall be deemed nec< sary by the Council to pave any strei or whenever it shall be necessary construct any sidewalk on any street, or along which utility poles ha heretofore been erected not in conform with the provisions of the precedi Section, notice shall be served upon t person in control of such poles remove and reset the same in accordan with the provisions of the precedi, Section, within five (5) days. 8-2-14: POSTING ON STREET SIG] AND UTILITY POLES: It shall be unlawful for any person post any bills, posters, advertisemen campaign literature or other notices any utility pole, telephone pole or stn sign. All such notices shall be removi by the city. 8-2-15: GU ITERS -CLEANING: Every owner, agent or occupant any real property shall at all times ke gutters or ditches in front of such pro erty in a clean condition, free from a obstruction or weeds, and of sufficiei depth and width to at all times read convey irrigating or surface water with( any overflow upon streets or sidewalks any restriction of the free flow thereof. 8-2-16: WINTER CARNIVAL, SNO SCULPTURES -PERMITS REQUIRED: No person shall build or erect a snow sculpture in any street, alley, sid walk or public right of way without fi obtaining a permit from the City. 8-2-17: PENALTY: Any person violating the provisic of this Chapter shall be deemed guilty a misdemeanor, and upon convicti thereof shall be fined in any amount r exceeding three hundred dollars ($300) be imprisoned in the county jail for period not exceeding thirty days, or I both such fine and imprisonment, and addition such persons shall be liable 1 damages to such street, alley or pub way by reason of violation of any pro' sions of this Chapter, such damages be recovered by the City before and co of competent jurisdiction. Passed and approved this 23rd day June, 1988. John J. Allen, Ma) Attest: Arthur J. Schmidt. City Cle. CERTIFICATE OF RECORDING OFFICER STATE OF IDAHO ) ) ss COUNTY OF VALLEY) I, the undersigned, the duly appointed, qualified, City Clerk of McCall City, Idaho, do hereby certify the following: 1. That pursuant to the provisions of Section 50-207, Idaho Code, I keep a correct journal of the proceedings of the Council of McCall City, Idaho, and that I am the statutory custodian of all laws, ordinances and resolutions of said City. 2. That the attached Ordinance No. 55 0 4 is a true and correct copy of an ordinance McCall City held on .73 , 197g, and duly recorded in my office; and passed at a regular meeting of the Council of 3. That said regular meeting was duly convened and held in all respects in accordance with law and to the extent required by law, due and proper notice of such meeting having been given; that a legal quorum was present throughout the meeting and that a legally sufficient number of members of the Council of McCall City voted in the proper manner and for the passage of said ordinance; and that all other requirements and proceedings incident to the proper adoption and passage of said ordinance have been duly fulfilled, carried out and observed; and that I am authorized to execute this certificate. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of the City of McCall, Idaho, this 02'.2`..( --___day of , 19,14% (Seal of the City) Arthur chmidt, City Clerk