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HomeMy Public PortalAboutOrd. 548 Rules & Regs on Parks & Park FacilitiesORDINANCE NO. ir AN ORDINANCE RELATING TO PUBLIC WAYS AND PROPERTY; AMENDING TITLE VIII OF THE VILLAGE CODE OF McCALL, IDAHO, BY THE ADDITION OF A NEW CHAPTER 12 TO PROVIDE RULES AND REGULATIONS FOR THE USE AND OCCUPANCY OF IcCALL CITY PARKS AND PARK FACILITIES, PROVIDING DEFINITIONS, PROVIDING THAT THE CITY IS NOT LIABLE FOR THEFT OF PROPERTY OR DAMAGES TO PARK USERS, DEFINING UNLAWFUL ACTS, DEFINING PROHIBITED USES, PROHIBITING MAKING OF NOISE OVER A DEFINED DECIBAL LEVEL, PROVIDING WATER AND WATER CRAFT REGULATIONS, PROVIDING PARK OPER- ATING RULES AND HOURS OF USE OF PARKS, PROVIDING FOR ADVANCE RESERVATIONS FOR USE OF PARKS, PROVIDING FOR TEMPORARY AND PARTIAL CLOSURE OF PARKS, PROVIDING PENALTIES, PROVIDING FOR FILING OF CIVIL ACTION TO RECOVER DAMAGES TO PARKS AND PARK FACILITIES AND PROVIDE THAT NO FEES SHALL BE REFUNDED TO PERSONS FOUND GUILTY OF VIOT,ATING ANY PROVISION OF THIS ORDINANCE. BE 1T ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF McCALL, IDAHO, AS FOLLOWS: Section 1. That Title VIII of the Village Code of IcCall, Idaho, be, and the same is hereby amended by the addition thereto of a NEW CHAPTER, to be known and designated as Chapter 12 of Title VIII of the Village Code of McCall, Idaho, and to read as follows: 8-12-1: DEFINITIONS: As used in this ordinance, the terms defined in this section shall have the following meaning, unless the context clearly indicates another meanina: PARKS means any and all land owned, leased, controlled or maintained by the City of McCall for public recreational Pur- poses, including beaches, docks, wharves, piers, and open land and water. FACILITIES means any and all restrooms, appurtenant structures, buildings, utility service pipes, poles, or lines, playground equipment, paved areas for vehicle or pedestrian travel or parking, monuments, statuary, bridges, tables, benches, fences, fireplaces or pits, nermanent signs and boundary markers, landscaping materials, trees, shrubbery, and flowers. 8-12-2: LIABILITY OF THE CITY: The City of '1cCall is not responsible for damage to, or theft of personal property of park and park facilities users within the boundaries of City Parks or Park Facilities. All areas and facilities within the narks and beaches boundaries are used at the users own risk. Swimming, Rti Park and Playground areas are active sites involving a variety of physical activities that may be physically demanding or po- tentially dangerous to users. The City assumes no responsibility or liability for such use or uses. 8-12-3: PRESERVATION OF PUBLIC PROPERTY: The following acts are hereby declared to be unlawful: A. Destruction of Public Property. Destruction, injury, defacement, removal or disturbance of any park or park facility is prohibited. B. Littering Prohibited. 1. It is unlawful for any person to dispose of, throw away, or leave any empty container or other litter on any public park, grounds, or beaches within the city; provided, however, that such empty container or other litter may be deposited in receptacles provided especially for that purpose. 2. No person shall scatter or throw, distribute or affix upon any public park or beach or public property or on utility pole or standard or in or on any vehicle while parked on such public property, any handbill, poster, advertisement flyer, litter or paper. The provisions of this section do not interfere or prevent the posting of notices rea.uired by law to be posted. C. Digging. Digging holes in grassed areas, parking areas or landscaped areas is prohibited. D. Disposal of Household Garbage in Publically Provided Containers Prohibited. Disposing of household garbage or refuse in containers located in public parks is prohibited. E. Fires. The use of fires is hereby restricted to fire pits, grills and other fixtures designed for such use. 7x.11 fires must be kept under control and must be extinguished before leaving the park or beach. All parks and beaches may be closed by the City Fire Chief to open fires. Open fires on sand beaches are prohibited. 8-12-4: PROHIBITED USES: Common activities such as pic- nicing, swimming, walking, and game playing are encouraged in the McCall City Parks. The following uses are prohibited: A. Use of Fireworks: No person shall discharge, fire, use or possess fireworks of any kind within or over the boundaries of the Park and Beach area, except as authorized under a special use permit issued by the McCall City Council pursuant to Section 5-3-2 of the Village Code of McCall, Idaho. B. Motorized Vehicles: No snowmobile, motorcycle, scooter, automobile, truck, golf cart, or similar recreational motor vehicle shall operate in City Parks except on designated road- ways, properly marked and signed for traffic uses, or in nark parking areas. Motorized vehicles shall not be operated on walkways, sidewalks or bicycle paths between April 15 and November 30 of each year. This action does not prohibit the official use of motor- ized vehicles or machines by city employees anywhere within the narks or beaches. C. Pets and Animals: 1. Domestic Animals: Domestic animals are not allowed within the boundaries of city narks or dark facilities except for animals trained to assist and assist- ing a person with a physical disability. 2. Wildlife: Molesting, injuring, killing or disturbing any wild creature or animal is strictly prohibited. This does not prohibit game fishing as regulated by Idaho Fish and Game regulations. D. Overnight Parking and Camping: Overnight parking and camping at the parks and beaches is prohibited. Police are authorized to cite, arrest, or remove from premises any viola- tors of this provision. E. Political and Sectarian Uses: Persons or groups attempt- ing to persuade, convert, cajole, or engage in activities common to political campaigns who solicit the public or interfere with the public's quiet enjoyment of parks and facilities is prohibited. F. Commercial Uses: No person, firm, corporation, associ- ation, or other organiization shall operate any concession, busi- ness, or enterprise, or offer for sale any article or thing or item within city parks or facilities except as authorized by a special use permit issued by the McCall City Council. G. Firearms: No person shall discharge firearms or any other projectile firing device within or over the boundaries of city parks. H. Dangerous Games: No person shall take part in or abet the playing of any games involving thrown or otherwise propelled dangerous objects such as stones, arrows or javelins, except in areas set apart for such forms of recreation. Golfing or driving_ golf balls is prohibited. I. Other Prohibited Activities in Parks and Park Facilities: 1. Begging or soliciting for any purpose. 2. Gambling or operating games of chance or gaming devices. 3. Abanuoning property. 4. Posting handbills, circulars, posters, or signs advertising any thing or event. 5. Promoting any thing or event by carrying a sign, distributing brochures, leaflets, phamplets and the like. 8-12-5: NOISE: Production of noise by human voice, live, recorded, transcribed or transmitted music, exhaust systems of motor vehicles, operation of machinery or equipment in excess of sixty-two (62) decibals measured at a distance of twenty (20) feet within any park or park facility is prohibited. 8-12-6: WATER AND WATERCRAFT REGULATIONS: Fishing, boating and swimming are incompatible activities. McCall City Parks are best suited to swimming activities, therefore: A. When uses are contested, rights of swimmers shall be paramount and other uses shall yield to the needs for safety and preservation of swimming use. B. No watercraft, motorized or otherwise, shall be beached or docked within a city park or at park facilities except at specifically designated and signed locations. C. No watercraft, motorized or otherwise, shall be permitted or operated at any time within the confines of a designated and marked swimming area. D. Watercraft docking at a city wharf or pier shall not be parked longer than 6 hours during any 12 hour period. E. Waterskiing to or from a city wharf or pier is prohibited. F. Fishing is permitted from city wharves or piers except into designated and marked swimming areas. G. Swimming is permitted from any park or park facility unless specifically prohibited and posted. H. Swimming from city parks or facilities shall be at the risk of the swimmer. No lifeguards shall be on duty. 8-12-7: PARK OPERATING RULES: A. Hours of Operation: 1. Rotary Park and Community Park shall be oven 24 hours per day. 2. Mill Park, Art Roberts Park and City -owned lakeshore property between such parks shall close at 12 midnight and shall open at 6:00 a.m. daily. 3. Davis Beach and Fairway Park shall close at 10:30 p.m. and open at 6:00 a.m. daily. B. Park Reservations and Closures: 1. Reservations: Special prior reservations for exclusive day use of a certain portion of any City park may be made with the City Clerk who shall provide forms for such applications. The City may from time to time adopt regulations concerning fees, types of events, procedures, and additional rules for such uses as may be necessary or desirable. 2. Closed Areas: Any section or Part of any nark may be declared closed to the public by the City Council or its duly authorized representative at any time and for any interval of time, either temporarily or at regularly and stated intervals (daily or otherwise) and either closed entirely or closed to specifically defined uses.as the City Council or its duly author- ized representative shall find reasonably necessary. C. Possession, use and consumption of alcoholic beverages are prohibited upon all city narks and park facilities. 8-12-8: PENALTIES: Any person who violates any provision of this Chapter shall be guilty of a misdemeanor and upon con- viction thereof shall be punished by a fine not to exceed three hundred dollars ($300.00) or by imprisonment in the County Jail not to exceet six (6) months, or by both such fine and imprison- ment. The above penalty shall not prevent the City of McCall from filing a civil claim against a violator to recover for damages to parks and park facilities. No fees, deposits, or charges paid by any user shall be refunded if such user is convicted of a violation of any pro- vision of this Chapter. Passed and approved this J/ day of May, 1939. Attest: C_ May ,,t Publisher's Affidavit of Publication STATE OF IDAHO. I■ .SS I County of Valley 1, Maggie Aganew, 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 n : _ : is in general circulation in the county of aforesaid and is a legal newspape,, that the ORDINANCE NO. 548, a copy of which is enclosed hereto and is a part hereof, was published in said newspaper once a week for one consecutive 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 May 17, 1989, and ended May 17, 1989. Subscribed and sworn before me this the 18th day of May, 1989. ./ STATE OF IDAHO COUNTY OF VALLEY On this 18th day of May, in the year of 1989, before me, a Notary Public, personally appeared Maggie Aganew, 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 acknowl- edged to me that she executed the same. Tom Grote Notary Public for Idaho Residing at McCall, Idaho Commission Expires: 1993 ORDINANCE NO. 548 AN ORDINANCE RELATING TO PUBLIC WAYS AND PROPERTY; AMENDING TITLE VE1 OF THE VILLAGE CODE OF McCALL, IDAHO, BY THE ADDITION OF A NEW CHAPTER 12 TO PROVIDE RULES AND REGULATIONS FOR TIIE USE AND OCCUPANCY OF McCALL CITY PARKS AND PARK FACILITIES, PROVIDING DEFINITIONS, PROVIDING THAT THE CITY IS NOT LIABLE FOR THEFT OF PROPERTY OR DAMAGES TO PARK USERS, DEFINING UNLAWFUL ACTS, DEFINING PROHIBIT'D USES, PROHIBITING WATER ND WATER CRAFT REGULATIONS, PROVIDING PARK OPERATING RULES AND HOURS OF USE OF PARKS, PROVIDING FOR ADVANCE RESERVATIONS FOR USE OF PARKS, PROVIDING FOR TEMPORARY AND PARTIAL CLOSURE OF PARKS, PROVIDING PENALTIES, PROVIDING FOR FILING OF CIVIL ACTION TO RECOVER DAMAGES TO PARKS AND PARK FACILITIES AND PROVIDE THAT NO FEES SHALL BE REFUNDED TO PERSONS FOUND GUILTY OF VIOLATING ANY PROVISION OF THIS ORDINANCE. BE IR ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF McCALL, IDAHO, AS FOLLOWS: Section 1. That Title VIII of the Village Code of McCall, Idaho, be, and the same is hereby amended by the addition thereto of the NEW CHAPTER to be known and designated as Chapter 12 of Title VIII of the Village Code of McCall, Idaho, and to read as follows: 8-12-1: DEFINITIONS: As used in this ordinance, the terms defined in this section shall have the following meaning, unless the context clearly indicates another meaning: PARKS means any and all land owned, leased, controlled or maintained by the City of McCall for public recreational purposes, including beaches, docks, wharves, piers, and open land and water. FACILITIES means any and all restrooms, appurtenant structures, buildings, utility service pipes, poles, or lines, playground equipment, paved areas for vehicle or pedestrian travel or parking, monuments, statuary, bridges, tables, benches, fences, fireplaces or pits, permanent signs and boundary markers, landscaping materials, trees, shrubbery, and flowers. 8-12-2: LIABILITY OF THE CITY: The City of McCall is not responsible for damage to, or theft of personal property of park and park facilities users within the boundaries of City Parks or Park Facilities. All areas and facilities within the parks and beaches boundaries are used at the users own risk. Swimming, Park and Playground areas are active sites involving a variety of physical activities that may be physically demanding or potentially dangerous to users. The City assumes no responsibility or liability for such use or uses. 8-12-3: PRESERVATION OF PUBLIC PROPERTY: The following acts are hereby declared to be unlawful: A. Destruction of Public Property. Destruction, injury, defacement, removal or disturbance of any park or park facility is prohibited. B. Littering Prohibited. A. It is unlawful for any person to dispose of, throw away, or leave any empty container or other litter on any public park, grounds, or beaches within the city; provided, however, that such empty container or other litter may be deposited in receptacles provided especially for that purpose. 2. No person shall scatter or throw, distribute or affix upon any public park or beach or public property or on utility pole or standard or in or on any vehicle while parked on such public property, any handbill, poster, advertisement flyer, litter or paper. The provisions of this section do not interfere or prevent the posting of notices required by law to be posted. C. Digging. Digging holes in grassed areas, parking areas or landscaped areas is prohibited. D. Disposal of Household Garbage in Publically Provided Containers Prohibited. Disposing of household garbage or refuse in containers located in public parks is prohibited. E. Fires. The use of fires is hereby restricted to fire pits, grills and other fixtures designed for such use. All fires must be kept under control and must be extinguished before leaving the park or beach. All parks and beaches may be closed by the City Fire Chief to open fires. Open fires on sand beaches are prohibited. 8-12-4: PROHIBITED USES: Common activities such as picnicing, swimming, walking, and game playing are encouraged in the McCall City Parks. The following uses are prohibited: A. Use of Fireworks: No person shall discharge, fire, use or possess fireworks of any kind within or over the boundaries of the Park and Beach area, except as authorized under a special use permit issued by the McCall City Council pursuant to Section 5-3-2 of the Village Code of McCall, Idaho. B. Motorized Vehicles: No smowmobile, motorcycle, scooter, automobile, truck, golf cart, or similar recreational motor vehicle shall operate in City Parks except on designated roadways, properly marked and signed for traffic uses, or in park parking areas. Motorized vehicles shall not be operated on walkways, sidewalks or bicycle paths between April 15 and November 30 of each year. This action does not prohibit the official use of motorized vehicles or machines by city employees anywhere within the parks or beaches. C. Pets and Animals: 1. Domestic Animals: Domestic animals are not allowed within the boundaries of city parks or park facilities except for animals trained to assist and assisting a person with a physical disability. 2. Wildlife: Molesting, injuring, killing or disturbing any wild creature or animal is strictly prohibited. This does not prohibit game fishing as regulated by Idaho Fish and Game regulations. D. Overnight Parking and Camping: Ovemight parking and camping at the parks and beaches is prohibited. Police are authorized to city, arrest, or remove from premises any violators of this provision. E. Political and Sectarian Uses: Persons or groups attempting to persuade, convert, cajole, or engage in activities common to political campaigns who solicit the public or interfere with the public's quiet enjoyment of parks and facilities is prohibited. F. Commercial Uses: No person, firm, corporation, association, or other organization shall operate any concession, business, or enterprise, or offer for sale any article or thing or item within city parks or facilities except as authorized by a special use permit issued by the McCall City Council. G. Firearms: No person shall discharge firearms or any other projectile firing device within or over the boundaries of city parks. H. Dangerous Games: No person shall take part in or abet the playing of any games involving thrown or otherwise propelled dangerous objects such as stones, arrows or javelins, except in areas set apart for such forms of recreation. Golfing or driving golf balls is prohibited. I. Other prohibited Activities in Parks and Park Facilities: 1. Begging or soliciting for any purpose. 2. Gambling or operating games of chance or gaming devices. 3. Abandoning property. 4. Posting handbills, circulars, posters, or signs advertising any thing or event. 5. Promoting any thing or event by carrying a sign, distributing brochures, leaflets, phamplets and the like. 8-12-5: NOISE: Production of noise by human voice, live, recorded, transcribed or transmitted music, exhaust systems of motor vehicles, operation of machinery or equipment in excess of sixty-two (62) decibals measured at a distance of twenty (20) feet within any park or park facility is prohibited. 8-12-6: WATER AND WATERCRAFT REGULATIONS: Fishing, boating and swimming are incompatible activities. McCall City Parks are best suited for swimming activities, therefore: A. When uses are contested, rights of swimmers shall be paramount and other uses shall yield to the needs for safety and preservation of swimming use. B. No watercraft, motorized or otherwise, shall be beached or docked within a city park or at park facilities except at specifically designated and signed locations. C. No watercraft, motorized or otherwise, shall be permitted or operated at any time within the confines of a designated and marked swimming area. D. Watercraft docking at a city wharf or pier shall not be parked longer than 6 hours during any 12 hour period. E. Waterskiing to or from a city wharf or pier is prohibited. F. Fishing is permitted from city wharves or piers except into designated and marked swimming areas. G. Swimming is permitted from any park or park facility unless specifically prohibited and posted. H. Swimming from city parks or facilities shall be at the risk of the swimmer. No lifeguards shall be on duty. 8-12-7: PARK OPERATING RULES: A. Hours of Operation: 1. Rotary Park and Community Park shall be opened 24 hours per day. 2. Mill Park, Art Roberts Park and City - owned Lakeshore property between such parks shall close at 12 midnight and shall open at 6:00 a.m. daily. 3. Davis Beach and Fairway Park shall close at 10:30 p.m. and open at 6:00 a.m. daily. B. Park Reservations and Closures: 1. Reservations: Special prior reservations for exclusive day use of a certain portion of any City park may be made with the City Clerk who shall provide forms for such applications. The City may from time to time adopt regulations concerning fees, types of events, procedures, and additional rules for such uses as may be necessary or desirable. 2. Closed Areas: Any section or part of any park may be declared closed to the public by the City Council or its duly authorized representative at any time and for any interval of time, either temporarily or at regularly and stated intervals (daily or otherwise) and either closed entirely or closed to specifically defined uses as the City Council or its duly authorized representative shall find reasonably necessary. C. Possession, use and consumption of alcoholic beverages are prohibited upon all city parks and park facilities. 8-12-8: PENALTIES: Any person who violates any provision of this Chapter shall be guilty of a misdemeanor and upon conviction thereof shall be punished by a fine not to exceed three hundred dollars ($300.00) or by imprisonment in the County Jail not to exceed six (6) months, or by both such fine and imprisonment. The above penalty shall not prevent the City of McCall from filing a civil claim against a violator to recover for damages to parks and park facilities. No fees, deposits, or charges paid by any user shall be refunded if such user is convicted of a violation of any provision of this Chapter. John Allen, Mayor, Attest: A. Schmidt, City Clerk. 1t5/17 STATE OF IDAHO ) ) COUNTY OF VALLEY) CERTIFICATE OF RECORDING OFFICER ss 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. ,5-yg is a true and correct copy of an ordinance passed at a regular meeting of the Council of McCall City held on 04c,?_ 1/ , 19q, and duly recorded in my office; and 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 /.:.7 '- day of OA oM , 1987. / C' e% - Arthur J. S midt, City Clerk (Seal of the City)