HomeMy Public PortalAboutOrdinance 942 - Prohibit Alcohol in Parks ORDINANCE NO. 942
AN ORDINANCE OF THE CITY OF McCALL, VALLEY COUNTY, IDAHO, AMENDING
TITLE 8, PUBLIC WAYS AND PROPERTY, CHAPTER 14, CITY PARKS AND PARK
FACILITIES, SECTION 8-14-8, ALCOHOL IN CITY PARKS, OF THE McCALL CITY CODE
TO ALLOW THE CITY COUNCIL, BY RESOLUTION, TO PROHIBIT THE POSSESSION
OR CONSUMPTION OF ALCOHOLIC BEVERAGES IN DESIGNATED CITY PARKS ON
SPECIFIC DAYS FROM JULY 1 THROUGH JULY 7 OF EACH YEAR.
NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY
OF McCALL, VALLEY COUNTY, IDAHO:
Section 1: That Section 8-14-8, Alcohol In City Parks, of the McCall City Code, be,
and the same are hereby, AMENDED as follows, to-wit:
8-14-8: ALCOHOL IN CITY PARKS:
Possession, use, and consumption of "alcoholic beverages", and of "open
containers", as both those terms are defined in subsection 5-5-030(F) of this code,
at city parks and park facilities are governed by the following rules:
(A) All such beverages are prohibited in Harshman skate park at all times, and at
all other parks when those parks are closed.
(B) By resolution, the City Council may prohibit the possession and/or
consumption of alcoholic beverages in designated city parks on specific days
from July 1 through July 7 each year. Signs will be posted in each park
announcing the restrictions at least twenty-four (24) hours in advance of the
beginning of any period of such restrictions.
(C) Except as provided in subsections (A) and (B) of this section, Bbeer and
wine are permitted in parks except Harshman skate park (where no alcoholic
beverages are allowed), during open hours, provided that possession of kegs,pony
kegs, and party balls are prohibited without a prior approved park reservation
issued under subsection 8-14-7(B) of this chapter after consultation with the chief
of police. (Ord. 854, 3-27-2008)
(CD) Other alcoholic beverages shall be permitted only with a prior approved
park reservation issued under subsection 8-14-7(B) of this chapter after
consultation with the police chief.
(DE) Nothing herein shall be construed to authorize possession of alcohol by a
person not yet twenty one (21) years of age. (Ord. 680, 6-30-1995)
Page 1 of 2
Ordinance 942 Prohibit Alcohol in Parks
April 14,2016
Section 2: All ordinances, resolutions, orders, or parts thereof in conflict herewith
are hereby repealed, rescinded, and annulled.
Section 3: Validity: The McCall City Council hereby declares that any section,
paragraph, sentence or word of this ordinance as adopted and amended herein be declared for
any reason to be invalid, it is the intent of the McCall City Council that it would have passed all
other portions of this ordinance independent of the elimination herefrom of any portion as may
be declared invalid.
Section 4: Savings Clause: This ordinance does not affect an action or proceeding
commenced or right accrued before this ordinance takes effect.
Section 5: Date of Effect: This ordinance shall be in full force and effect after its
passage, approval and publication, according to law.
PASSED AND APPROVED BY THE MAYOR AND COUNCIL OF THE CITY OF McCALL,
IDAHO, THIS 14 DAY OFD ',"L16,�, .
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Attest: ���i to ALL' '
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Page 2 of 2
Ordinance 942 Prohibit Alcohol in Parks
April 14,2016
A SUMMARY OF ORDINANCE NO. 942
PASSED BY THE CITY OF McCALL,IDAHO
AN ORDINANCE OF THE CITY OF McCALL, VALLEY COUNTY, IDAHO,
AMENDING TITLE 8, PUBLIC WAYS AND PROPERTY, CHAPTER 14, CITY PARKS
AND PARK FACILITIES, SECTION 8-14-8, ALCOHOL IN CITY PARKS, OF THE
McCALL CITY CODE TO ALLOW THE CITY COUNCIL, BY RESOLUTION, TO
PROHIBIT THE POSSESSION OR CONSUMPTION OF ALCOHOLIC BEVERAGES IN
DESIGNATED CITY PARKS ON SPECIFIC DAYS FROM JULY 1 THROUGH JULY 7
OF EACH YEAR
The principal provisions of the Ordinance:
• Authorize the City Council to prohibit the possession or consumption of
alcoholic beverages in designated city parks on specific days from July 1
through July 7 each year. The actual dates of any ban will be set by City
Council Resolution each year
• Require the posting of signs in each park announcing the restrictions at
least twenty-four (24) hours in advance of the beginning of any period of
such restrictions.
• Reletter subparagraphs (C) and (D) to subparagraphs (D) and (E).
That the effective date of the Ordinance is upon its passage 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.
APPROVED BY THE COUNCIL OF THE CITY OF McCALL, IDAHO, THIS 14 DAY OF
APRIL, 2016. ��0��`�CC�,. �I'It;
� Approved:
tea' & ; _
�p By
*` ,�.•`"'z + J CKIE J. MO , Mayor
ATTEST. " 0
1.By By .. i rafi tt� i
BessieJo Wagr-r, City Cl% uun
Ordinance 942 Summary
ORDINANCE SUMMARY CERTIFICATION
Ordinance No.
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 /7 day of , 2016.
Wm. F. Nichols
Publisher 's Affidavit of Publication
STATE OF IDAHO
County of Valley
>.ss
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 April 28, 2016 and ended April 28, 2016.
Subscribed a►nd sworn before me this the 28th day of April, 2016.
STATE OF IDAHO
COUNTY OF VALLEY
On this 28th day of April in the year of 2016, 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 rote
Notary Public for Idaho
Residing at McCall, Idaho
Commission Expires 2/8/18
A SUMMARY OF ORDINANCE NO.942
PASSED BY THE CITY OF McCALL, IDAHO
AN ORDINANCE OF THE CITY OF McCALL,
VALLEY COUNTY, IDAHO, AMENDING TITLE
8,PUBLIC WAYS AND PROPERTY,CHAPTER 14,
CITY PARKS AND PARK FACILITIES, SECTION
8-14-8,ALCOHOL IN CITY PARKS,OF THE Mc-
CALL CITY CODE TO ALLOW THE CITY COUN-
CIL,BY RESOLUTION,TO PROHIBIT THE POS-
SESSION OR CONSUMPTION OF ALCOHOLIC
BEVERAGES IN DESIGNATED CITY PARKS ON
SPECIFIC DAYS FROM JULY 1 THROUGH JULY
7 OF EACH YEAR.
The principal provisions of the Ordinance:
❑Authorize the City Council to prohibit the pos-
session or consumption of alcoholic beverages in des-
ignated city parks on specific days from July 1 through
July 7 each year. The actual dates of any ban will be
set by City Council Resolution each year.
❑ Require the posting of signs in each park an-
nouncing the restrictions at least twenty-four (24)
hours in advance of the beginning of any period of
such restrictions.
❑Reletter subparagraphs(C)and(D)to subpara-
graphs(D)and(E).
That the effective date of the Ordinance is upon its
passage 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.
APPROVED BY THE COUNCIL OF THE CITY
OF McCALL, IDAHO, THIS 14 DAY OF APRIL,
2016.
Approved:By JACKIE J.AYMON,Mayor
ATTEST:By BessieJo Wagner,City Clerk ltc4/28