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)