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HomeMy Public PortalAboutOrdinance 954 - Amend Title 8 Chapter 15 Golf Course ORDINANCE NO. 954 AN ORDINANCE OF THE CITY OF McCALL, VALLEY COUNTY, IDAHO AMENDING CHAPTER 15, McCALL GOLF COURSE, OF TITLE 8, PUBLIC WAYS AND PROPERTY, OF THE McCALL CITY CODE AS FOLLOWS: IN SECTION 8-15-1, McCALL GOLF COURSE, UNLAWFUL ACTS, ADDING AN EXCEPTION TO (C) BICYCLING TO ALLOW BICYCLING ON THE PREMISES KNOWN AND DESIGNATED AS THE MCCALL MUNICIPAL GOLF COURSE WHEN THE GOLF COURSE IS CLOSED NOVEMBER 15 THROUGH MAY 15; RENUMBERING SECTION 8-15-1-1, GOLF SEASON PASS POLICY, TO 8-15-2, UNDER (A), DEFINITIONS, DELETING DEFINITIONS, AND ADDING A DEFINITION FOR ROLLOVER AS THE EXTENSION OF A SEASONAL PASS INTO THE FOLLOWING YEAR, AMENDING (B) TO REPLACE DECLARATION OF POLICY WITH (B) MEDICAL ROLLOVER POLICY, TO PROVIDE THAT THE MCCALL GOLF COURSE WILL ROLLOVER A SEASON PASS TO THE FOLLOWING YEAR FOR VERIFIED MEDICAL REASONS ONLY, SPECIFYING THE REQUIREMENTS THEREFOR, THAT NO REFUNDS WILL BE GIVE AND THE ROLLOVER IS NOT TRANSFERABLE, & DELETING (C) EXCEPTIONS TO THE POLICY, (D) REFUND REQUESTS, (E) EXTENSION, (F)ACTION BY GOLF COURSE ADVISORY COMMITTEE, (G)ACTION BY CITY MANAGER, AND (H) APPEAL PROCEDURE; ADDING SECTION 8-15-3, McCALL GOLF COURSE RAIN CHECK POLICY, SETTING FORTH THE CRITERIA FOR THE ISSUANCE OF RAIN CHECKS WHEN THE GOLF COURSE SUPERINTENDENT DETERMINES THAT THE COURSE IS UNPLAYABLE DUE TO INCLEMENT WEATHER OR PLAY IS SUSPENDED ry DUE TO HAZARDOUS CONDITIONS; RENUMBERING 8-15-2, PENALTY, TO 8-15-4; AND PROVIDING AN EFFECTIVE DATE THEREFOR. NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF McCALL, IDAHO: Section 1: That Chapter 15, McCall Golf Course, of Title 8, Public Ways And Property, of the McCall City Code, be, and the same is hereby, AMENDED as follows, to-wit: See Exhibit A attached hereto and, by this reference, incorporated herein as if set forth in full. Section 2: 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 12 DAY OF JANUARY, 2017 >` Approved: ``1U1111111fg0 ,,,•.•�0�.........�C1 By �,r ...VS ckie J. A on,, ayor Attest: , ? At BY Ati&liti J If -by J BessieJo W.gner, City �',,,,''L'• 1D�� ••` Page 1 of 4 u a Ordinance 954 to Amend Title 8 Chapter 15 Golf Course January 12,2017 EXHIBIT A Chapter 15 McCALL GOLF COURSE 8-15-1: MCCALL GOLF COURSE, UNLAWFUL ACTS: 8-154-4 2: GOLF SEASON PASS POLICY: 8-15-3: MCCALL GOLF COURSE RAIN CHECK POLICY: 8-15-2 4: PENALTY: 8-15-1: McCALL GOLF COURSE, UNLAWFUL ACTS: g` It shall be unlawful for any person to do or perform any of the following acts on the premises known and designated as the McCall municipal golf course: (Ord. 549-A, 6-22-1989) (A) Permitting, causing or allowing a dog to be thereon, except when the golf course is closed K' November 15 through May 15 provided the animal is in compliance with subsection 8-14-4(C) of this title; (B) Jogging, except when the golf course is closed November 15 through May 15; (Ord. 870, 12- u 17-2009) (C) Bicycling; except when the golf course is closed November 15 through May 15; (D) Allowing, causing or permitting a child under the age of ten (10) years to play golf except any such child playing golf with his or her separate set of golf clubs and accompanied at all times by an adult person; (E) Operating or parking a snowmobile thereon; (F) Operating or parking a motor vehicle thereon, except a city employee performing upkeep and maintenance duties upon such golf course; (Ord. 549-A, 6-22-1989) (G) Walking upon the golf course except as a participant in play or except when conducting oneself in an orderly and quiet fashion as part of the gallery at a competitive golf event or except { as a golf course employee and within the scope of employment or except when the golf course is closed November 15 through May 15; (H) Whenever the golf course superintendent, or his designee, for the protection of the course §' has determined that an activity, otherwise permitted herein, is damaging to the course, the $' superintendent, or his designee, shall be permitted to stop the damaging activity and prohibit persons from engaging in the same. (Ord. 870, 12-17-2009) Nothing herein contained shall be construed to prohibit the use and operation of golf carts for the playing of golf on the McCall municipal golf course. (Ord. 549-A, 6-22-1989) } Page 2 of 4 Ordinance 954 to Amend Title 8 Chapter 15 Golf Course January 12,2017 8-15442: GOLF SEASON PASS POLICY: (A) Definitions: As used in this section, the terms defined in this subsection shall have the following meanings, unless the context clearly indicates another meaning: DISABILITY: New, documented, long term condition that prevents a person from participating in physical activity. FAMILY MEMBER: Spouse, mother, father,grandmother, grandfather, daughter, or son. PERSON: One individual. PHYSICAL INJURY: Injury that occurred after the purchase of a season pass which results in a physicians limitation on physical activity. ROLLOVER: the extension of a seasonal pass into the following year. SEASON PASS: A nontransferable pass purchased by an individual for a single golf season. The pass is used in lieu of paying daily greens fees at the city golf course. (B) Declaration Of Policy: It is the policy of the city of McCall, Idaho, to allow a refund of a golf season pass or an extension of the pass to the next season to a person who purchased a pass and the basis for any refund or pass extension. (C) Exceptions To The Policy: No refund will be made for any pass used seven(7)times or more. Passes used six (6) or fewer times will have daily greens fees deducted from the purchase price for each time the pass was used. year. The person who purchased the season pass must submit the refund request. In the event of death, a family member may request a refund. (E)Extension: The pass holder may request that the pass be extended to the next season's golf play in lieu of a cash refund of the unused portion of the pass. (F) Action By Golf Course Advisory Committee: The golf advisory committee shall review requests for refunding or extending the golf season pass and submit their recommendation to the city manager via the city clerk. (G)Action By City Manager: The city clerk shall submit all refund requests to the city manager within two (2)weeks of receiving said request. The city manager shall approve or deny the • . . of approval by the finance department. Page 3 of 4 Ordinance 954 to Amend Title 8 Chapter 15 Golf Course January 12,2017 (H)Appeal Procedure: An individual who is denied a refund may appeal such decision in writing to the city council within sixty(60) days of notification of denial by the city clerk. The city • . . writing of action within two (2) weeks of the action. (Ord. 750, 5 21 2001) ,(B) Medical Rollover Policy: The McCall Golf Course will rollover a season pass to the following year for verified medical reasons only. A letter from the pass holder's licensed primary medical provider must be submitted to the City of McCall as verification of a medical condition which precluded the use of the pass. In order to qualify for a rollover, the season sass must not have been used prior to the request for rollover. No refunds will be given and the season pass rollover is not transferable. 8-15-3: MCCALL GOLF COURSE RAIN CHECK POLICY: In the event that the Golf Course Superintendent determines that the course is unplayable due to inclement weather or play is suspended due to hazardous conditions (storms-lightning) rain checks may be issued upon request as follows: (A) The golfer may elect to wait to see if the course re-opens or request a rain check. 1) 5 or less holes played— 18 hole rain check 2) 6 to 13 holes played—9 hole rain check 3) Over 13 holes played—no rain check (B) Rain checks will be issued for green fees only. (C) Rain checks only, no cash or credit card refunds. (D) No rain checks will be issued for golfers paying for 9 hole greens fees regardless of how many holes have been played when play is stopped. (E) No rain checks will be issued for after 5PM golfers. 8-154 4: PENALTY: Any person who violates any provisions 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. (Ord. 549-A, 6-22-1989) Page 4 of 4 Ordinance 954 to Amend Title 8 Chapter 15 Golf Course January 12,2017 A SUMMARY OF ORDINANCE NO. 954 PASSED BY THE CITY OF McCALL, IDAHO AN ORDINANCE OF THE CITY OF McCALL, VALLEY COUNTY, IDAHO AMENDING CHAPTER 15, McCALL GOLF COURSE, OF TITLE 8, PUBLIC WAYS AND PROPERTY, OF THE McCALL CITY CODE AS FOLLOWS: IN SECTION 8-15-1, McCALL GOLF COURSE, UNLAWFUL ACTS, ADDING AN EXCEPTION TO (C) BICYCLING TO ALLOW BICYCLING ON THE PREMISES KNOWN AND DESIGNATED AS THE MCCALL MUNICIPAL GOLF COURSE WHEN THE GOLF COURSE IS CLOSED NOVEMBER 15 THROUGH MAY 15; RENUMBERING SECTION 8-15-1-1, GOLF SEASON PASS POLICY, TO 8-15-2, UNDER (A), DEFINITIONS, DELETING DEFINITIONS, AND ADDING A DEFINITION FOR ROLLOVER AS THE EXTENSION OF A SEASONAL PASS INTO THE FOLLOWING YEAR, AMENDING (B) TO REPLACE DECLARATION OF POLICY WITH (B) MEDICAL ROLLOVER POLICY, TO PROVIDE THAT THE MCCALL GOLF COURSE WILL ROLLOVER A SEASON PASS TO THE FOLLOWING YEAR FOR VERIFIED MEDICAL REASONS ONLY, SPECIFYING THE REQUIREMENTS THEREFOR, THAT NO REFUNDS WILL BE GIVE AND THE ROLLOVER IS NOT TRANSFERABLE, & DELETING (C) EXCEPTIONS TO THE POLICY, (D) REFUND REQUESTS, (E) EXTENSION, (F)ACTION BY GOLF COURSE ADVISORY COMMITTEE, (G)ACTION BY CITY MANAGER, AND (H) APPEAL PROCEDURE; ADDING SECTION 8-15-3, McCALL GOLF COURSE RAIN CHECK POLICY, SETTING FORTH THE CRITERIA FOR THE ISSUANCE OF RAIN CHECKS WHEN THE GOLF COURSE SUPERINTENDENT DETERMINES THAT THE COURSE IS UNPLAYABLE DUE TO INCLEMENT WEATHER OR PLAY IS SUSPENDED DUE TO HAZARDOUS CONDITIONS; RENUMBERING 8-15-2, PENALTY, TO 8-15-4; AND PROVIDING AN EFFECTIVE DATE THEREFOR. The principal provisions of the Ordinance: • amend Section 8-15-1, McCall Golf Course, Unlawful Acts, to add an exception to (C) Bicycling allowing bicycling on the premises known and designated as the McCall municipal golf course when the golf course is closed November 15 through May 15 • renumber Section 8-15-1-1, Golf Season Pass Policy, to 8-15-2, delete obsolete definitions and add a definition for Rollover as the extension of a seasonal pass into the following year, amending (B) to replace Declaration of Policy with (B) Medical Rollover Policy to provide that The McCall Golf Course will rollover a season pass to the following year for verified medical reasons requiring a letter from the pass holder's licensed primary medical provider verifying the medical condition precludes the use of the pass, and providing that the season pass must not have been used prior to the request for rollover, no refunds will be given, and the season pass rollover is not transferable; and deleting (C) Exceptions To The Policy, (D) Refund Requests, (E) Extension, (F)Action By Golf Course Advisory Committee, (G)Action By City Manager, and (H)Appeal Procedure entirely • add Section 8-15-3, McCall Golf Course Rain Check Policy, providing that if the Golf Course Superintendent determines that the course is unplayable due to Page l of 2 Ordinance 954 Summary January 12,2017 '' inclement weather or play is suspended due to hazardous conditions (storms- lightning) a golfer who has paid for 18 holes may request an 18 hole rain check for green fees only (no cash or credit card refunds) if he has played 5 or less holes, a 9 hole rain check if he has played 6 to 13 holes and if he has played over 13 holes, no rain check will be issued and no rain checks will be issued for after 5PM golfers • renumber Section 8-15-2, Penalty, to 8-15-4 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 12 DAY OF JANUARY, 2017. q t Approved: * �W4 d SE By _ t • o` Jay ie J. Ay .n, Mayer ATTEST: ` • � ID By BessieJo Wa: er, City C rk Page 2 of 2 Ordinance 954 Summary January 12,2017 { ORDINANCE SUMMARY CERTIFICATION { Ordinance No. 954 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 12 day of January, 2017. • William F. Nichols • t k e 4 1