HomeMy Public PortalAboutOrd. 800 - Compression Brakes ProhibORDINANCE NO. 800
AN ORDINANCE BY THE CITY OF MCCALL, IDAHO, AMENDING TITLE FIVE, CHAPTER
SIX OF THE MCCALL CITY CODE, ADDING A NEW SUBCHAPTER E. AIR COMPRESSION
BRAKES, PROHIBITING THE USE OF AIR COMPRESSION (OR JAKE) BRAKES WITHIN
THE CITY LIMITS; PROVIDING PENALTIES; AND ESTABLISHING AN EFFECTIVE DATE.
WHEREAS, the use of air compression brakes in the City of McCall presents a hazard to the
welfare of the residents of the City; and,
WHEREAS, several public entities in the State of Idaho have outlawed the use of such brakes;
NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF
MCCALL, Valley County, Idaho, as follows:
Section 1: Title 5, Chapter 6 of the McCall City Code is hereby amended to add a new Subchapter
E. Air Compression Brakes, as follows:
SUBCHAPTER E. AIR COMPRESSION BRAKES
5-6-510 USE OF AIR COMPRESSION BRAKES PROHIBITED: The use of air
compression brakes (also known as "j ake brakes") by vehicles or trucks, as defined in Idaho
Code title 49, chapter 1, within the city limits of the City of McCall is hereby prohibited and
shall be unlawful, except under emergency circumstances where the use of air compression
brakes is necessary to prevent an accident or injury to persons or property.
5-6-520 PENALTIES: Any person who violates any provision of this Subchapter shall be
deemed guilty of an infraction and upon judgment thereof shall be subject to the penalty set forth
in Idaho Infraction Rule 9(b) (Other Infractions). Any person who violates this Subchapter for a
second time within twelve (12) months of a previous violation shall be guilty of a misdemeanor,
punishable by a fine not to exceed $300.00 (plus such costs as the court may assess),
imprisonment for a period not more than six months, or both a fine and imprisonment.
Section 2: This ordinance shall be published once in the official newspaper of the City, and shall
take effect upon its passage, approval, and publication.
ORDINANCE NUMBER 800
November 18, 2004
Page 1 of 2
DATED this day of 11;-,i,„,\I>, 2004.
ATTEST:
n
Dan Irwin, City Clerk
CITY OF McCall
Valley County, Idaho
Bill Robertson, Council President
ORDINANCE NUMBER 800
November 18, 2004
Page 2 of 2
City of McCall
Certificate of Recording Officer
STATE OF IDAHO }
County of Valley }
I, the undersigned, the duly appointed, qualified, City Clerk of the City of McCall, 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 the City of McCall, Idaho, and that I
am statutory custodian of all laws, ordinances and resolutions of said City.
2. That the attached Ordinance No. 800 is a true and correct copy of an ordinance
passed at a regular meeting of the Council of the City of McCall held on
November 18, 2004 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 and that a legally sufficient number of members of the Council
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 i',':A day of N„.,„ i),r 2004.
ck,..,.:..--
Dan Irwin, City Clerk