HomeMy Public PortalAboutOrd. 579 - Supporting Docs��
C i t y o f F o u r S e a s o n s R e c r e a t i o n '
E d P a l e r
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A r t h u r J . S c h m i d t
C i t y A d m i n i s t r a t o r / C l e r k
P . O . B o x 1 0 6 5
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D e a r B u d ;
I t h a s b e e n b r o u g h t t o m y a t t e n t i o n t h a t t h e p r o p o s e d
s n o w m o b i l e r o u t e - - a c r o s s t h e P a y e t t e R i v e r b y w a y o f t h e
c i t y b u i l t b r i d g e i s u n s a f e f o r t r a v e l .
S p e c i f i c a l l y , o n c e o n e h a s c r o s s e d t o t h e w e s t s i d e o f
t h e b r i d g e i t b e c o m e s a c h a l l e n g e t o n e g o t i a t e t h e d i r e c t e d
r o u t e b y c l i m b i n g a s t e e p ( n a r r o w ) h i l l s i d e . E v e n t h e m o s t
e x p e r i e n c e r i d e r s h a v e d i f f i c u l t y .
I t i s t h e o p i n i o n o f s e v e r a l e x p e r t s n o w m o b i l e r s t h a t
t h e h i l l i s d e f i n i t e l y u n s a f e a n d i m p o s s i b l e t o t h e n o v i c e .
B y t h e c i t y s u g g e s t i n g t h i s r o u t e e i t h e r b y s i g n s o r m a p s
w o u l d i n m y o p i n i o n p u t 4 h e c i t y a t r i s k .
T h e r e m a y b e a n a l t e r n a t i v e b y p e r m i t t i n g s n o w m o b i l e
t r a f f i c a c r o s s L a r d o B r i d g e u n t i l s u c h t i m e t h e r e b e c o m e s a
s a f e r r o u t e .
W a r n m o t o r i s t s o f t h e p o s s i b l e h a z a r d s b y p o s t i n g
c a u t i o n s i g n s s i m i l a r t o R a i l R o a d a n d a n i m a l c r o s s i n g s .
L o c a l a u t h o r i t i e s m a y h a v e t h e a u t h o r i t y u n d e r I d a h o
C o d e 4 9 - 2 0 8 ( 1 ) ( 5 ) t o r e g u l a t e t r a f f i c o n h i g h w a y s u n d e r
t h e i r j u r i s d i c t i o n - - b y a d o p t i n g a n d e n f o r c i n g t e m p o r a r y
o r e x p e r i m e n t a l r e g u l a t i o n s a s m a y b e n e c e s s a r y t o c o v e r
e m e r g e n c i e s o r s p e c i a l c o n d i t i o n s .
I d a h o C o d e 5 0 - 3 1 3 s t a t e s t h a t t h e c i t y c o u n c i l s o f
c i t i e s s h a l l h a v e t h e c a r e , s u p e r v i s i o n , a n d c o n t r o l o f a l l
p u b l i c h i g h w a y s a n d b r i d g e s w i t h i n t h e c o o r p o r a t e l i m i t s ,
a n d s h a l l c a u s e t h e m t o b e k e p t o p e n a n d i n r e p a i r a n d f r e e
f r o m n u i s a n c e s .
I w o u l d a s k t h a t t h e c i t y c o u n c i l r e v i e w t h e
p o s s i b i l i t y o f u s i n g t h e L a r d o B r i d g e a s a n i m m e d i a t e
s o l u t i o n t o a c c o m o d a t e s n o w m o b i l e r s . A t p r e s e n t , t h e r e i s
n o o t h e r w a y t o t r a v e r s e a c r o s s t o w n .
As Winter Carnival approaches the city will be
inundated by snowmobilers participating in organized
Chamber Events as well as taking advantage of operating
snowmobiles on city streets.
It would be a full time job just to keep snowmobiles
from crossing the bridge. The "No Crossing" signs which
are now posted leaves Law Enforcement no flexability.
Sincerely,
Ed Parker
Chief of Police
EP/nbl
;r
TRANSPORTATION DEPARTMENT
P.O. BOX 7129 • BOISE, ID • 83707-1129 • 208/334-8000
:March 7, 1991
Mr. William M. Killen
KILLED, PITTENGER & KERRICK, P.A.
Attorneys at Law
P.O. Box A.O.
McCall, ID 83638
CERTIFIED MAIL - RETURN RECEIPT REQUESTED
Dear Mr. Killen:
The Idaho Transportation Board has asked that I write to you to
express its concern about the ordinance that allows snowmobile
traffic upon State Highway 55.
The City is hereby placed upon notice that the action it has taken
places the City solely responsible for any and all damages that
may be suffered by any person due in any manner to the use of
State Highway 55, and in particular, the Lardo Bridge, by
snowmobiles. In addition, the Idaho Transportation Department
will look to the City of McCall for reimbursement of all costs and
damages it may incur as a result of the use of State Highway 55 by
snowmobiles.
Please snare the contents of this letter with the Mayor and City
Council of the City of McCall.
Thank you.
Sincerely,
ROBERT L. TRABERT
Chief Legal Counsel
ks
1890;CENTEN\:.AL• 1990
City of Four Seasons Recreation
McCall, Idaho 83638
P.O. Box 1065
Tel. (208) 634-7144
Ed Parker
Chief of Police
DATE: December 30, 1991
TO: Bud Schmidt
FROM: Chief Ed Parker
RE: Ordinance 579 (snowmobile crossing Lardo Bridge)
" On January 24, 1991 the City Council passed and approved
an ordinance which authorized snowmobile traffic to cross Lardo
Bridge on Hwy 55. Section 4 of this ordinance noted that the
regulation was experimental and temporary in nature. Further,
it stated that the ordinance would terminate one (1) year from
the date of passage unless otherwise renewed or extended by the
Mayor and City Council.
Last year, after close observation by McCall Police, it
was reported that the snowmobile traffic was moderate to heavy.
This year is about the same. Until, an alternate route is in
Oplace and easily accessible, we will continue to see snowmobile
traffic traversing Lardo Bridge. It is probably the most
convenient for the snowmobile rider. The crossing by Sheep's
Bridge is far removed and people have difficulty finding it.
There are not enough signs directing our visitors.
When there were signs prohibiting snowmobiles on Lardo
Bridge they were ignored. As long as snowmobiles are permitted
on the City streets we must provide free and easy access. The
route to West Mountain and Red Ridge is quite popular as well
as Bear Basin. Consequently, there is not adequate parking for
snowmobile trailers at the trail heads which makes egress from
town even more appealing.
It should be noted that there were no accidents involving
snowmobiles on Lardo Bridge...there were a few in town. I
believe the Police Snowmobile Patrol is a definite deterrent
and reason for fewer complaints.
The crossing at Lardo Bridge is only a temporary solution
to an increasing problem. The popularity of snowmobiles is
growing and the crossing of Payette River must be addressed
soon.
M
Respectfully,
Ed Parker
Chief of Police
cc: Mayor and Council
William Killen
William M. Killen
Gregory C. Pittenger
Carl B. Kerrick
Law Offices of
KILLEN, PITTENGER & KERRICK, P.A.
200 East Park St.
P.O. Box A.O.
McCall, Idaho 83638
January 28, 1991
Robert L. Trabert, Chief Legal Counsel
Idaho Department of Transportation
P. 0. Box 7129
Boise, Idaho 83707-1129
Monte MacConnell, Chief Legal Counsel'
Idaho Department of Law Enforcement
6050 Corporal Lane
Boise, Idaho 83704
Telephone: 634-7118
Area Code: 208
Re: Proposed Amendment to McCall City Snowmobile Ordinance
Gentlemen:
The Mayor and Council directed me to notify you that the
subject ordinance was passed and approved by the Mayor and
Council at their regularly schedule meeting held'Thursday,
January 24, 1991. We are taking the appropriate steps to
have the bridge appropriately signed and 'are' likewise -
contacting the other law enforcement agencies responsible
for patrolling in our area so that they will be aware of the
specifics of this ordinance.
As I indicated, the ordinance itself it is intended to be
temporary and experimental in nature and has a sunset
provision built in to it for that purpose." We intend to
monitor the situation quite closely so as to be in a
position to evaluate its effectiveness'and desirability
after we have had sufficient experience with its actual
operation.
We will be more than happy to advise. you of the results of
that monitoring should you so desire.
Best regards,
KILLEN, P?TTENGER &RRICK, P.A.
William M. Killen
WMK/ch
enc.
cc: Bud Schmidt Clerk
d Parker, Chief of Police
.act -�. }. lu•a
5rA' - O 1DAH.®• _�� a ;. �y , � J> 6_ol14DP:04ndrus,; o erno'
TRANSPORTATION DEPARTMENT
P.O. BOX 7129 • BOISE, ID • 83707-1129 • 208/334-8000
January 23, 1991
Mr. William M. Killen
KILLEN, PITTENGER & KERRICK, P.A.
Attorneys at Law
P.O. Box A.O.
McCall, ID 83638
Re: Proposed Amendment to McCall's City Ordinance
Dear Mr. Killen:
I have been asked to comment on your letter of January 14, 1991
addressed to the. Mayor and Council of the City of McCall, a copy
of which was sent to the Idaho Transportation Department.
We werequite surprised that you take the position that the City
of McCall has jurisdiction and control over State Highway 55
within the corporate limits of the City of McCall. The Idaho
Transportation Department strongly disagrees with your opinion.
You are referred to Idaho Code, Sections 40-104(1), 40-120(4),
40-310 and 40-502. While the City of McCall has jurisdiction over
the streets and highways within its system, the control and
responsibility for the state highway system rests with the Idaho
Transportation Board and the Idaho Transportation Department.
As I am sure you are aware, the Idaho Transportation Department
prohibits the use of snowmobiles on all state highways.
Particulary, the use of the Lardo Bridge by snowmobilers
constituters an extreme danger to the snowmobilers, as well as the
traveling public.
The City of McCall is urged to take no action concerning the
proposed ordinance .you have drafted. The use of State Highway 55
and particularly Lardo Bridge by snowmobilers is prohibited.
Sincerely,
ROBERT L. TRABERT
Chief Legal Counsel
RLT:ks
A_ H`��
L89.0 • G E N I EUNLA.L193 0
William M. Killen
Gregory C. Pittenger
Carl B. Kerrick
Law Offices of
KILLEN PITTENGER & KERRICK, P.A.
200 East Park St.
P.O. Box A.O.
McCall, Idaho 83638
January 25, 1991
Robert L. Trabert
Chief Legal Counsel
Transportation Department
State of Idaho
P. 0. Box 7129
Boise, ID 83707-1129
Re: Proposed Amendment to McCall's City Ordinance
Dear Mr. Trabert:
Telephone: 634-7118
Area Code: 208 .
I received your comments in your letter of January 23, 1991
with respect to the proposed Ordinance. While I certainly
agree that the Transportation Department has the authority
that you point °tut, I do not perceive the Ordinance as being
contrary to the authority, particularly in light of the
express grant of 50-313, Idaho Code as to all "public
highways". "Public highways" is expressly defined in 40-117
(4) to mean all highways open for public use in .the state
whether maintained by state, county highway district, city ,
or other political subdivision. I think a fair reading of
the foregoing, together with the sections you have acted, ,
would clearly indicate the city does have authority for the
purpose of exercising the exception to the snowmobile
limitations on the State highways in question, particularly
since the restriction involved expressly countenances
exceptions.
I would note further that whereas the designation, design,
construction, maintainance and general layout of
highways within the state highway system is clearly the
responsibility of the Department of Transportation, I also
believe that the use, and more precisely the regulation of
uses on the highway, is within the ambit of the
responsibility of the Department of Law Enforcement, and not
the Highway Department. We have likewise copied their legal
counsel on this matter and, as yet, have not heard any
objections from them with regard to the proposed Ordinance.
However, in any event, I can assure you I will pass along
your comments to the Mayor and Council and I am sure they
will give it due weight when they make their determination.
Robert L. Trabert
Page 2 January 25, 1991
A couple of minor -inquiries; I note you state inyouur_letter
that the use of Lardo Bridge by snowmobilers consistutes an
extreme danger to the snowmobilers as well as the traveling
public. Recognizing this is clearly not matter of legal
opinion, but a matter of fact,. I would be very much
interested in the source of this conclusion and would
appreciate hearing from them as to that aspect..
Secondly, it is unclear from the letter whether your
comments are simply that, or whether they represent the
position of the Transportation Board or the Transportation
Department. I'd appreciate a clarification on that as well.
Best regards,
KILLEN, PITTENGER &
K
CK, P.A.
William M. Killen, Acting City Attorney
WMK/,j d
cc: Mayor and Council
Bud Schmidt
William M. Killen
Gregory C. Pittenger
Carl B. Kerrick
Law Offices of
KILLEN PITTENGER & KERRICK, P.A.
200 East Park St.
P.O. Box A.O.
McCall, Idaho 83638
March 11, 1991
Robert L. Trabert
Chief Legal Counsel
State of Idaho Transportation Department
P. O. Box 7129
Boise, Idaho 83707-1129
Re: Your letter of March 7, 1991
Dear Mr. Trabert:
Telephone: 634-7118
Area Code: 208
I received your letter on Friday, March 8th and will be
happy to provide copies of that to the Mayor and Council.
I would advise you that we do not concur in the
representations set forth in your letter, and, in fact, were
somewhat puzzled by them.
I would greatly appreciate being referred to whatever legal
authority you are relying upon In making these
representations, in particular, how the city can be
responsible for damages suffered on State Highway 55
generally.
As you are undoubtedly aware, Highway 55 extends from Ada
County to Adams County and only a very small portion of it
runs through McCall. As I am sure you are also aware,
tort law in Idaho places responsibility for damages on the
party or the parties causing them. To my knowledge there is
no statutory or case law which imposes strict liability on
Robert L. Trabert
Page 2 March 11, 1991
the governmental entity responsible for the care,
supervision and control of a highway simply based upon that
status. Obviously, if there is such authority, we would
very much appreciate being advised of it.
Best regards,
KILLEN, PITTENGER &ERRICK, P.A.
i
William M. Killen
WMK/j d
cc: Mayor and Council
Bud Schmidt, City Clerk
Ed Parker, City Police Chief
TRANSPORTATION DEPARTMENT
P.O. BOX 7129 • BOISE, ID • 83707-1129 • 208/334-8000
March 7, 1991
Mr. William M. Killen
KILLEN, PITTENGER & KERRICK, P.A.
Attorneys at Law
P.O. Box A.O.
McCall, ID 83638
CERTIFIED MAIL - RETURN RECEIPT REQUESTED
Dear Mr. Killen:
The Idaho Transportation Board has asked that I write to you to
express its concern about the ordinance that allows snowmobile
traffic upon State Highway 55.
The City is hereby placed upon notice that the action it has taken
places the City solely responsible for any and all damages that
may be suffered by any person due in any manner to the use of
State Highway 55, and in particular, the Lardo Bridge, by
snowmobiles. In addition, the Idaho Transportation Department
will look to the City of McCall for reimbursement of all costs and
damages it may incur as a result of the use of State Highway 55 by
snowmobiles.
Please share the contents of this letter with the Mayor and City
Council of the City of McCall.
Thank you.
Sincerely,
ROBERT L. TRABERT
Chief Legal Counsel
ks
A0
1890•CENTENNIAL1990
Law Offices of
KILLEN, PITTENGER & KERRICK, P.A.
200 East Park St.
P.O. Box A.O.
McCall, Idaho 83638
William M. Killen
Gregory C. Pittenger
Carl B. Kerrick
Mayor and Council
City of McCall
P. O. Box 1065
McCall, Idaho 33635
January 14, 1991
Telephone: 634-7118
Area Code: 208
Re: Amendment to Chapter 7 of Title V of the Village Code
of McCall, relating to the operation of snoomobiles on
the Lardo Bridge within the City of McCall
Gentlemen:
Please find enclosed a proposed draft ordinance per your
instructions of January 12, 1991. For reference I have also
enclosed a copy of the existing Chapter 7 which governs the
operation of snowmobiles in the city. As discussed that
evening it is my opinion that pursuant to the authority
vested in the City of McCall by way of Section 50-313, Idaho
Code, you have, as the responsible authority for the care,
supervision and control of all public highways within the
corporate limits, and pursuant to the provisions of Title
497669, Idaho Code which permits the authority having
Jurisdiction over a highway to authorize the operation of
snowmobiles upon such highways, the authority by proper
ordinance to permit reasonable and limited use of the
highway, by snowmobiles in the fashion contemplated by the
ordinance.
Further, and as contempled by the provisions of Section
49-208(t), Idaho Code, the adoption of such ordinance as a
temporary experimental regulation to rover the special
conditions existing within the corporate limits of McCall
and an appropriate manner of addressing this situation.
Utilizing a temporary ordinance will allow you to gather
actual experience with this limited amendment for a full
year prior to making a determination as to whether its long
term adoption is prudent and appropriate.
As I further indicated at the meeting, I am circulating
copies of this letter and the proposed ordinance to both the
Department of Transporation and the Department of Law
Mayor and Council
Page Two January 14, 1991
Enforcement so that they will be fully apprised of what the
Mayor and Council are proposing prior to its adoption.
The consensus was that (at least until such time as the
alternate routing can be brought up to a safe standard and
perhaps in addition to such routing) the limited use
contemplated by this ordinance, to -wit, the crossing of the
Lardo Bridge over the North Fork of the Payette River, would
provide the best overall solution to the actual snowmobile
traffic conditions existing in and about the City of McCall.
The sense was that at such limited crossing snowmobiles
would flow safely with the traffic in a normal manner thus
accommodating the situation in a manner least likely to
adversely impact the public health and safety.
If adopted, the other provisions of the snowmobile ordinance
previously adopted would require appropriate signing of the
location and appropriate identification of the routing on
the maps and other documents that are provided by the City
to local merchants, citizens and snowmobile operators.
My reading of the statutes leads me to conclude that it is
within the legal authority of the Mayor and Council to adopt
such a regulation; further that the facts and circumstances
brought to the Council's attention at the meeting in
question, together with past experience in this area,
provide an adequate factual basis to support the ordinance
as in the public interest from a safety purpose and best
accommodates the current realities given the traffic
circumstances and the routing alternatives available to the
City.
I will keep you advised as to when and if I hear any
particular response from state agencies involved.
Best regards,
KILLEN, PITTENGER & KERRICK, P.A.
By
William M. Killen
Acting McCall City Attorney
WMK/ch
cc: Department of Law Enforcement, Legal Counsel
Department of Transportation, Legal Counsel
CHAPTER 7
SNOWMOBILES
7 SECTION:
•
5-7-1:
Definition
5-7-2: Minimum Age
of Drivers Owning Snowmobiles
Ne 5-7_3: Offenses by
s 5-7—Equipment
in 5-7-5: Regulations for Operation of Snowmobiles
5-7-5A: Traffic Rules and Regulations
e. 5-7-6: Penalties
M. 5-7_7: Severability
`Rai
term "snowmobile" shall mean every self-propelled
� 5_7_1: DEFINITION: Thecbination of skis, skids, tracks or endless belts, in and
P.., device upon a be transported or drawn upon snow
�� - upon or by which any person or property is or may
or snow-covered surface areas, and expressly includes devices known as
"snowmobiles" or "skimobiles".
erson under the age ofOrd. 272,
5-7-2: MINIMUM AGE OF DRIVE
fourteen
a ate a snowmobile in the City.
l (14) years shall drive or op
12-21-67) -
5-7_3: OFFENSES BY PERSONS OWNING SNOWMOBILES: encourage the
operation or driving
erson to knowingly permit, allow or ee of fourteen
(A) It shall be unlawful for of a y psnowmobile by a person under the ag (14) years. -
of McCall, by any person unless
such snowmobile has been numbered by
the owner as provided by chapter ass
(g) No snowmobile shall be operated in the City
38
of the Idaho Session Laws of 1969. (Ord. 347, 2-2-76)
S
"mod
5-7-4 5-7-5
5-7-4: EQUIPMENT: No snowmobile shall be operated in the City, unless it is
equipped with the following:
(A) At least one and not more than two (2) headlamps sufficient to render clearly
discernible persons and vehicles at a distance of two hundred fifty feet (250')
ahead.
(B) Tail lamps, which when lighted shall emit a red light plainly visible at a distance
of two hundred fifty feet (250') to the rear.
(C) At least one brake which may be operated by hand or foot.
(D) A muffler in good working order and in the constant operation to prevent
excessive or unusual noise and annoying smoke; and no person shall use a
muffler cut out, by-pass or similar device. (Ord. 494, 12-2-85)
5-7-5: REGULATIONS FOR OPERATION OF SNOWMOBILES:
(A) It shall be unlawful to drive, operate or park a snowmobile on -any sidewalk in
the City.
(B) It shall be unlawful to operate or park a snowmobile on any portion of the
premises known as the McCall Golf Course.
(C) It shall be unlawful to drive or operate a snowmobile within any posted hospital
zone in the City.
(D) It shall be unlawful to operate a snowmobile in violation of any motor vehicle
traffic ordinance of the City of McCall.
(E) No snowmobile shall carry passengers or weights in excess of the capacity
recommended by the manufacturer thereof.
(F) No sled, toboggan, trailer or any other device shall be towed by a snowmobile
except by means of rigid tow bar connecting the same to such device.
(G) No person on skis shall be towed behind a snowmobile.
(H) It shall be unlawful to drive or operate a snowmobile while under the influence
of intoxicating liquor.
(I) All snowmobiles shall be operated only in single file on the extreme right hand
side of the street.
(J) Operation of snowmobiles on the streets of the City shall be limited to ingress
and egress to and from the City; that City streets are not to be used as a place.
of recreation for snowmobiles.
5-7-5 5-7-5A
(K) No snowmobile shall be operated within the City limits after ten o'ciock (10:00)
P.M. except for the purpose of going directly to or from the place of residence
of the operator of such snowmobile or to its place of storage.
(L) No person shall operate a snowmobile carelessly and heedlessly, or without
due caution and circumspection and at a speed or in a manner as to endanger
or be likely to endanger any person or property.
(M) No person shall operate a snowmobile on any public street or way in the City
of McCall unless the person has a valid license as an operator or chauffeur of
a motor vehicle as provided in section 49-301, Idaho Code.
(N) No person shall operate a snowmobile upon.any public street or way in the City
of McCall except as follows:
1. Upon a street or way posted and marked by the City as an access route to
provide ingress to and egress from the City.
2. Upon a street or public way providing the most direct route to an access
route from the point of origin of the operation of a snowmobile. "Point of origin"
is hereby defined as the actual place where the operation of such snowmobile
commences.
3. Except on a posted and marked access route, the operator of a snowmobile
shall bring the snowmobile to a complete stop at each and every street
intersection whether or not such street intersection is posted with a stop sign.
4. No person shall operate a snowmobile at any speed in excess of twenty five
(25) miles per hour.
5-7-5A: TRAFFIC RULES AND REGULATIONS: The Chief of Police of the City
shall have the power to promulgate traffic rules and regulations for the
operation of snowmobiles upon all streets, alleys and public ways within the corporate
limits of the City as follows:
(A) Designate by proper signs highways and streets or parts thereof as access
routes upon which snowmobiles may be operated to gain egress from and
ingress to the City of McCall.
(B) The Chief of Police of said City shall have the further power to promulgate any
other snowmobile traffic rules that may be advantageous and desirable;
provided, no rules promulgated as herein stated by said Chief of Police shall
become operative unless a copy of said rules shall have been first filed with the
Clerk in writing and shall have been approved by the City Council at a regular
or special session, and provided also that suitable signs or standards or guides
stating the substance of the rule are placed upon conspicuous places in the
highway, street or part thereof affected. Such signs or standards or guides shall
be of sufficient size to be clearly visible by operators of snowmobiles.
589
5-7-5A 5-7-7
It shall be unlawful to violate any such regulations as above provided and any person
convicted of a violation thereof shall be punished as provided in Section 5-7-6 of this
Chapter. (Ord. 543, 4-20-89)
5-7-6: PENALTIES: Any person convicted of a violation of this Chapter shall
be punished by a fine not to exceed one hundred dollars ($100.00) or imprisonment in
the City or County jail not more than thirty (30) days or by both such fine and
imprisonment: (Ord. 272, 12-21-67)
5-7-7: SEVERABILITY: If any portion of this Chapter or the application thereof
to any persons or circumstances is held to be invalid, the invalidity shall
not affect other provisions or applications of the ordinance which can be given effect
without the invalid provision or application, and to this end the provisions of this
Chapter are severable. (Ord. 347, 2-2-76)
William M. Killen
Gregory C. Pittenger
Carl B. Kerrick
Law Offices of
KILLEN PITTENGER & KERRICK, P.A.
200 East Park St.
P.O. Box A.O.
McCall, Idaho 83638
March 11, 1991
Robert L. Trabert
Chief Legal Counsel
State of Idaho Transportation Department
P. 0. Box 7129
Boise, Idaho 83707-1129
Re: Your letter of March 7, 1991
Dear Mr. Trabert:
Telephone: 634-7118
Area Code: 208
I received your letter on Friday, March 8th and will be
happy to provide copies of that to the Mayor and Council.
I would advise you that we do not concur in the
representations set forth in your letter, and, in fact, were
somewhat puzzled by them.
I would greatly appreciate being referred to whatever legal
authority you are relying upon in making these
representations, in particular, how the city can be
responsible for damages suffered on State Highway 55
generally.
As you are undoubtedly aware, Highway 55 extends from Ada
County to Adams County and only a very small portion of it
runs through McCall. As I am sure you are also aware,
tort law in Idaho places responsibility for damages on the
party or the parties causing them. To my knowledge there is
no statutory or case law which imposes strict liability on
Robert L. Trabert
Page 2 March 11, 1991
the governmental entity responsible for the care,
supervision and control of a highway simply based upon that
status. Obviously, if there is such authority, we would
very much appreciate being advised of it.
Best regards,
KILLEN, PITTENGER & ERRICK, P.A.
William
WMK/ j d
cc:
. Killen
Mayor and Council
Bud Schmidt, City Clerk
Ed Parker, City Police Chief