HomeMy Public PortalAboutOrd. 585 - Supporting Docst J/ .71 1J . 1:J V LC JIJL zc.1 V Ili • a a a a.0
ORDINANCE NO. 5~ 8'6""
AN ORDINANCE RELATING TO THE ADMINISTRATION OF THE CITY OF McCALL,
IDAHO, REPEALING CHAPTER 1 OF TITLE I OF, THE VILLAGE CODE OF
McCALL, IDAHO; AMENDING TITLE I OF THE VILLAGE CODE OF MCCALL,
IDAHO, BY THE ADDITION OF A NEW CHAPTER ONE, TITLE I OF THE
VILLAGE CODE OF McCALL, IDAHO, TO PROVIDE FOR THE ADOPTION OF AN
OFFICIAL .'ODE AND THE TITLE THEREOF, TO PROVIDE FOR ACCEPTANCE OF
THE CODE, AMENDMENTS THERETO, CONSTRUCTION OF WORDS, TO PROVIDE
FOP ,DEFINITIONS, AND FOR INTERPRETATIONS OF CODE; REPEALING
CHAPTER 2 OF TITLE I OF THE VILLAGE CODE OF McCALL, IDAHO;
AMENDING 'TITLE I OF THE VILLAGE CODE OF HcCALL , IDAHO, BY THE
ADDITION OF A NEW CHAPTER 2, TITLE I OF THE VILLAGE CODE OF
McCALL, IDAHO, TO PROVIDE A SAVINGS CLAUSE, REPEALING GENERAL
ORDINANCES AND PROVIDING EXCLUSIONS FROM REPEAL, TO PROVIDE FOR
PUBLIC UTILITY ORDINANCES, TO PROVIDE FOR PENDING SUITS AND
CONSTRUCTON OF ORDINANCES INVOLVED THEREIN; REPEALING CHAPTER 3 OF
TITLE I OF THE VILLAGE CODE OF McCALL, IDAHO; AMENDING TITLE I OF
THE VILLAGE CODE OF McCALL, IDAHO, BY THE ADDITION OF A NEW
CHAPTER 3 OF TITLE I OF THE VILLAGE CODE OF McCALL, IDAHO, TO
PROVIDE A GENERAL PENALTY AND TO PROVIDE FOR THE ACTS TO WHICH THE
PENALTY SHALL ATTACH; REPEALING CHAPTER 4 OF TITLE I OF THE
VILLAGE CODE OF McCALL, IDAHO; AMENDING TITLE I OF THE VILLAGE
CODE OF HcCALL, IDAHO, BY THE ADDITION OF A NEW CHAPTER 4 OF TITLE
I OF THE VILLAGE CODE OF McCALL, IDAHO, TO PROVIDE FOR A CITY
SEAL. REPEALING CHAPTER 5 OF TITLE I OF THE VILLAGE CODE OF
McCALL, IDAHO; AMENDING TITLE I OF THE VILLAGE CODE OF McCALL,
IDAHO, BY THE ADDITION OF A NEW CHAPTER 5, TITLE I OF THE VILLAGE
CODE OF McCALL, IDAHO, TO PROVIDE FOR AN OFFICIAL CITY NEWSPAPER;
REPEALING CHAPTER 6 OF TITLE I OF THE VILLAGE CODE OF McCALL,
IDAHO; AMENDING TITLE I OF THE VILLAGE CODE OF McCALL, IDAHO, BY
THE ADDITION OF ANEW CHAPTER 6 OF TITLE I OF THE VILLAGE CODE OF
McCALL, IDAHO, TO PROVIDE FOR INITIATIVE AND REFERENDUM, TO
PRO;TIDE FOR PETITIONS, NUMBER OF SIGNERS, TIME FOR FILING, TIME
FOR ELECTIONS THEREUNDER AND TO PROVIDE REQUIREMENTS FOR SIGNATURE
AND VALIDATION OF PETITIONS; REPEALING CHAPTER 7 OF TITLE I OF THE
VILLAGE CODE OF McCALL, IDAHO; AMENDING TITLE I OF THE VILLAGE
CODE OF McCALL, IDAHO, BY THE ADDITION OF A NEW CHAPTER 7, TITLE I
OF TEE VILLAGE CODE OF HcCALL, IDAHO, TO PROVIDE FOR THE DUTIES
AND SALARY OF MAYOR; REPEALING CHAPTER 8 OF TITLE I OF THE VILLAGE
CODE OF McCALL, IDAHO; AMENDING TITLE I OF THE VILLAGE CODE OF
McCALL, IDAHO, BY THE ADDITION OF A NEW CHAPTER 8, TITLE I OF THE
VILLAGE CODE OF McCALL, IDAHO, TO PROVIDE FOR THE AUTHORITY,
DUTIES AND POWERS OF THE CITY COUNCIL, TO PROVIDE FOR REGULAR AND
SPECIAL MEETINGS AND TO PROVIDE FOR CALLING OF SPECIAL MEETINGS:
TO PROVIDE FOR THE TIME FOR COUNCIL MEETINGS, AND TO PROVIDE FOR
THE SALARY OF COUNCIL MEMBERS; REPEALING CHAPTER 9 OF TITLE I OF
THE VILLAGE CODE OF McCALL, IDAHO; AMENDING TITLE I OF THE VILLAGE
CODE OF McCALL, IDAHO, BY THE ADDITION OF A NEW CHAPTER 9, TITLE I
OF,THE VILLAGE CODE OF McCALL, IDAHO, TO PROVIDE FOR OATHS OF CITY
OFFICERS, TO PROVIDE FOR BONDS FOR CERTAIN CITY OFFICERS, TO
PROVIDE FOR FIXING OF SALARIES OF CITY OFFICERS, TO PROVIDE FOR
APPOINTMENT AND REMOVAL OF CITY OFFICERS, TO PROVIDE THAT CITY
OFFICERS SHALL BE EXEMPT FROM THE PERSONNEL RULES OF THE CITY OF
Mcc ALL : EXCEPT FOR DUi'IES IMPOSED UPON CITY OFFICERS AS DEPARTMENT
HEADS, 1K) PROVIDE THAT AN OFFICER MAY BE APPOINTED TO MORE THAN
ONE OFFICE: TO PROVIDE FOR APPOINTMENT OF DEPUTY CITY OFFICERS, To
PROVIDE THAT THE CITY MAY CONTRACT FOR THE SERVICE OF CITY
OFFICERS, AND DESIGNATING CITY OFFICERS AND FIXING THEIR DUTIES
AND RESPONSIBILITIES; REPEALING CHAPTER 10, TITLE I OF THE VILLAGE
CODE OF McCALL, IDAHO; AMENDING TITLE I OF THE VILLAGE CODE OF
McCALL, IDAHO, BY THE ADDITION OF A NEW CHAPTER 10 OF THE VILLAGE
CODE OF McCALL, IDAHO, TO PROVIDE FOR THE APPOINITMENT OF TEMPORARY
ADVISORY COMMI'1't'1~ES' AND TO PROVIDE FOR THE DUTIES THEREOF TO BE
FIXED BY THE COUNCIL, TO PROVIDE THAT THE PLANNING AND ZONING
COMMISSION(S) SHALL BE A PERMANENT COMMISSION AND TO PROVIDE FOR
THE DUTIES OF SUCH COMMISSION; REPEALING CHAPTER 11, TITLE I OF
THE .VILLAGE CODE OF McCALL, IDAHO; AMENDING TITLE I OF THE VILLAGE
CODE. OF McCALL, IDAHO, BY THE ADDITION OF A NEW CHAPTER 11, TITLE
I OF THE VILLAGE CODE OF McCALL, IDAHO, TO PROVIDE FOR THE
APPOINTMENT OF AN URBAN RENEWAL BOARD OF COMMISSIONERS, TO PROVIDE.
FOR ;THE NUMBER OF MEMBERS THEREOF AND TERMS OF OFFICE ApID TO
PROVIDE FOR THE POWERS AND DUTIES OF THE URBAN RENEWAL COMMISSION;
REPEALING CHAPTERS 12, 13, 14, 15: 16 AND 17 OF `I•'ITLE I OF THE
VILLAGE CODE OF McCALL, IDAHO; PROVIDING A SEVERABILITY CLAUSE;
AND PROVIDING AN EFFECTIVE DATE.
,BE :IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF McCALL,
IDAHO, AS FOLLOWS:
Section 1 . That Chapter 1, Title I of the Village Cade of
McCall, Idaho, be, and the same is hereby repealed.
Section 2. That Title I of the Village Cade of McCall, Idaho,
be, and the same is hereby amended by the addition thereto of a
NEW CHAPTER; to be known and designated as Chapter 1, Title I of
the Village Code of McCall, Idaho, and to read as follows:
1-1-1 1-1-4
CHAPTER 1
ADOPTION OF OFFICIAL CODE
SECTION
1-1-1: Title
1-1-2: Acceptance
1-1-3: Amendments
1-1-4: Construction of Words
1-1-5: Definitions
1-1-6: Interpretations,
1-1-1: TITLE: This compilation and codification of the
general ordinances of the City of McCall is hereby
declared to be and shall hereafter constitute the Official City
Code of the City of McCall and shall be known and designated as
the McCall City Code. Any reference made to the number of any
Section contained herein shall be understood to refer to the
position of the same under its appropriate Title heading, its
Chapter heading, and its Section heading, and to the general
penalty clause relating thereto, as well as to the Section
itself, when reference is made to this Code by title in any
legal document.
1-1-2: ACCEPTANCE: This City Code,as hereby presented in
printed form, shall hereafter be received without
further proof in all courts and in all administrative tribunals
of this state as the ordinances of a general and permanent
effect of the City.
1-i-3: AMENDMENTS: Any ordinance amending this Code shall
set forth the Title, Chapter and Section number of the
Section or Sections to be amended, and this shall constitute a
sufficient compliance with any statutory requirement pertaining
to the amendment or revision by ordinance of any part of this
Code. All such amendments or revisions by ordinance shall be
immediately forwarded to Sterling Codifiers, Inc., and the said
ordinance material shall be prepared for insertion in its proper
place in each copy of this City Code. Each such replacement
page shall be properly identified and shall be inserted in each
copy of this City Code within thirty (30) days from the date of
its final passage.
1-,1-4: CONSTRUCTION OF WORDS: Whenever any word in any
Section, of this City Code importing the plural number
is used, in describing or referring to any matters, parties, or
persons, any single matter, party or person shall be deemed to
be included, although, distributive words may not have been
used. When any subject matter, party or person is referred to
in this City Code by words importing the singular number only,
or the masculine gender, several matters, parties, or persons
and females as well as males and bodies corporate shall be
deemed to be included. Provided, that these rules of
construction shall not be applied to any Section of this City
Code which contains any express provision excluding such
construction or where the subject matter or content may be
repugnant thereto.
1-1-5: DEFINITIONS:
The word "person" shall be deemed to include any person, firm,
association, or corporation or any organization of any kind.
The words "written" and "in writing" may include printing.
The term "personal property" includes every description of
money, goods, chattels, effects, evidence of rights in action
and all written instruments by which any pecuniary obligation,
right or title to property is created, acknowledged,
transferred, increased defeated, discharged or diminished and
every right or interest therein.
The word "streets" includes alleys, lanes, courts, boulevards,
public ways, public squares, public places and sidewalks.
The word "owner" applied to a building or land shall include any
part owner, joint owner, tenant in common, joint tenant in
common, joint tenant or lessee of the whole or part of such
building or land whether alone or with others.
The word "officers" shall include the words "City", "Clerk" or
"Treasurer", City Clerk, City Treasurer, and other City officers
named by the City Council.
The term "wilfully" when applied to the intent with which an act
is done or omitted, implies simply a purpose or willingness to
commit the act or make the omission referred to. It does not
require any intent to violate law, or to injure another, or to
acquire an advantage.
Th'e terms "neglect", "negligence", "negligent", and
"negligently" imports a want of such attention to the nature or
probable consequences of the actor omission as prudent man
ordinarily bestows in acting in his own concern.
The term "knowingly" imports only a knowledge that the facts
exist which brings the act or omission within the provisions of
this Code. It does not require any knowledge of the
unlawfulness of such an act or omission.
1-1-6: INTERPRETATIONS: In the determination, of the provisions
of each Section of this Code the following rules shall
be observed;
(A) Intent to Defraud: Whenever an intent to defraud is
required in order to constitute an offense, it shall be
sufficient if an intent appears to defraud any persons.
I
(B) Liability of Employers and agents: When the provisions of
any Section of this Official Code prohibits the commission of an
act, not only the person actually doing the prohibited act or
omitting the directed act, but also the employer and all other
persons concerned with or in aiding or abetting the said person
shall be deemed guilty of the offense described and liable to
the penalty set forth.
Section 3. That Chapter 2, Title I of the Village Cade of
McCall, Idaho, be, and the same is hereby repealed.
, Section 4. That Title I of the Village Cade of McCall, Idaho,
be, and the same is hereby amended by the addition thereto of a
NEW CHAPTER, to be known and designated as Chapter 2, Title I of
the Village Code of McCall, Idaho, and to read as follows:
CHAPTER 2
SAVING CLAUSE
SECTION:
I
1-2-1: Repeal of General Ordinances
1-2-2: Public Utility Ordinances
1-2-3: Pending Suits
1-2-1 REPEAL OF GENERAL ORDINANCES: All general ordinances
of the City passed prior to the passage of this Code
are hereby repealed, except such as are referred to herein as
being still in force or are by necessary implication herein
reserved from repeal (subject to the saving clauses herein
contained) from which are excluded the following ordinances
which are not hereby repealed: Tax levy ordinances,
appropriation ordinances, ordinancesrelating to boundaries and
annexations, franchise ordinances, and other ordinances granting
special rights to persons or corporations, contract ordinances
and ordinances authorizing the execution of a contract or the
issuance of warrants, salary ordinances, ordinances
establishing, naming or vacating streets, alleys or other public
places, improvement ordinances, bond ordinances, ordinances
relating to elections, ordinances relating to the transfer or
acceptance of real estate by or from the City and all special
ordinances.
1-2-2: PUBLIC UTILITY ORDINANCES: No ordinance relating to
railroads or railroad crossings with streets and other
public ways or relating to the conduct, duties, service or rates
of public utilities shall be repealed by virtue of the adoption
ofithis Code or by virtue of the preceding Section, excepting as
this Code shall be considered as amending such ordinance or
ordinances in respect to such provision only.
1-2-3: PENDING SUITS: No new ordinances shall be construed
or; held to repeal a former ordinance, whether such former
ordinance is expressly repealed or not, as to any offense .
committed against such former ordinance or as to any act done,
any penalty, forfeiture or punishment so incurred, or any right
accrued or claim arising under the former ordinance, or in any
way whatever to affect any such offense or act so committed or
so!done, or any penalty, forfeiture or punishment so incurred or
any right accrued or claim arising before the new ordinance
takes effect, save only that the proceedings thereafter shall
conform to the ordinances in force at the time of such
proceedings, so far as practicable. If any penalty, forfeiture
or punishment be mitigated by any provision of a new ordinance,
such provision may be, by the consent of the party affected,
applied to any judgement announced after the new ordinance takes
affect.
This Section shall extend to all repeals, either by express
words or implication whether the repeal is in the ordinance
making any new provisions upon the same subject or in any other
ordinance.
Nothing contained in this or the preceding Sections shall be
construed as abating any action now pending under or by virtue
of any general ordinance of the City herein repealed; or as
discontinuing, abating, modifying or altering any penalty
accrued or to accrue, or as altering the liability of any
person, firm, or corporation, or as waiving any right of the
City under any ordinance or provision thereof in force at the
time of adoption of this Code.
Section 5 . That Chapter 3, Title I of the Village Code of
McCall, Idaho, be, and the same is hereby repealed.
Section 5. That Title I of the Village Cade of McCall, Idaho,
be: and the same is hereby amended by the addition thereto of a
NEW CHAPTER: to be known and designated as Chapter 3, Title I of
the Village Code of McCall, Idaho, and to read as follows:
CHAPTER 3
GENERAL PENALTY
SECTION:
1-3-1: General Penalty
1-3-2: To What Acts Penalty Shall Attach
1-3-1: GENERAL PENALTY: Any person convicted of a misdemeanor
or violation of any section of this Code shall be fined
in; a sum not exceeding three hundred dollars ($300.00) for any
one offense, provided said fine shall not exceed the amount
permissible in probate or justice courts of similar
jurisdictions, or confined in the County jail not more than
thirty (30) days, or both such fine and imprisoment, recoverable
with costs, and in default of payment of any fine imposed shall
be imprisoned in the City or County jail for a period of one day
for each ten ($10.00) dollars of such fine, provided that upon
conviction of driving a motor vehicle while the driver is
intoxicated or under the influence of intoxicating liquor, the
court shall demand the delivery of the driver's license.
Whenever a defendant is sentenced to imprisonment or is
imprisoned for nonpayment of a fine or costs, he may be put to
work for the benefit of the City for the term of his
imprisonment.
1-3-2: TO WHAT ACTS PENALTY SHALL ATTACH: Any person who
shall commit any act declared by any section of this
Code to be unlawful, or who fails to perform any act or
discharge any obligation or duty required by or imposed upon him
byany ordinance shall be deemed guilty of a misdeanor, and
shall be subject to the penalty fixed for the violation with
like effect as if such penalty were specifically declared in the
section forbidding such act or declaring the same to be unlawful
or prescribing the duty or imposing the obligation, and where
any duty is prescribed or obligation is imposed, or where any
act which is of a continuing nature is forbidden or declared to
be unlawful, a separate offense shall be deemed committed upon
each day during or on which such violation occurs or continues,
except where otherwise provided in this Code.
Section 7 . That Chapter 4, Title I of the Village Code of
McCall, Idaho, be, and the same is hereby repealed.
Section 8. That Title I of the Village Code of McCall, Idaho,
be, and the same is hereby amended by the addition thereto of a
NEW CHAPTER, to be known and designated as Chapter 4, Title I of
the Village Code of McCall, Idaho, and to read as follows:
CHAPTER 4
SEAL
SECTIONS:
1-4-1: City Seal
1-4-1: CITY SEAL: The corporate seal of the City shall be
circular in form with inner and outer circles. The
outer circle shall be one and fifteen -sixteenths (1
15/16) inches in diameter. It shall bear upon the
space between the two circles, the words, "'McCall,
Idaho" in lower case and "CITY OF MCCALL, IDAHO" in
upper case letters , and upon the space within the
inner circle the word, "SEAL".
Section 9. That Chapter 5, Title I of the Village Code of
McCall, Idaho, be, and the same is hereby repealed.
Section 10. That Title I of the Village Code, of McCall, Idaho,
be, and the same is hereby amended by the addition thereto of a
NEW CHAPTER, to be known and designated as Chapter 5, Title I of
the Village Code of McCall, Idaho, and to read as follows:
CHAPTER 5
OFFICIAL NEWSPAPER
SECTIONS:
1-5-1: Official Newspaper
1-5-1: OFFICIAL NEWSPAPER: Pursuant to Idaho Code, Section
50-213, the Central Idaho Star News, McCall, Idaho is the
official newspaper of the City of McCall. Publication of
official notices, calls for bids, ordinances and other matters
in this newspaper of general circulation shall constitute legal
publication within the requirements of federal codes, state
statutes and local ordinances.
Section 11. That Chapter 6, Title I of the Village Code of
McCall, Idaho, be, and the same is hereby repealed.
;Section 12. That Title I of the Village Code of McCall, Idaho,
be, and the same is hereby amended by the addition thereto of a
NEB CHAPTER, to be known and designated as Chapter 6, Title I of
the; Village Code of McCall, Idaho, and 'to read as follows:
CHAPTER 6
INITIATIVE AND REFERENDUM
SECTION:
1-6-1: Initiative and Referendum
1-6-1: INITIATIVE AND REFERENDUM:
(A)
Creation of Right: The people of this City shall have the
right to enact ordinances through the initiative process,
according to the procedures set forth herein.
(B) Number of Petitioners Required: To enact an ordinance by
initiative or to repeal an ordinance by referendum, there
shall be attached or appended to the petition the
signatures of the legal voters of the City equal to at
least twenty percent (20%) of the total number of voters
registered to vote at the last general election in the
City.
(C) Time for Filing Petitions: Referendum petitions with the
requisite number of signatures attached shall be filed with
the City Clerk not less than sixty (60) days following the
final adoption of the ordinance to be subject to
referendum.
(D) Time for Election: A special election for initiative or
referendum shall be provided not more than ninety (90) days
following the certification of the petition, provided that
in the event a Municipal election will occur within ninety
(90) days, the initiative and referendum shall be submitted
at the time of the Municipal election.
(E) Requirements for Signature, Verification of Valid
Petitions, Printing of Petition and Time Limits:
Referendum and initiative petitions shall conform with the
requirements for signature, verification of valid
petitions, printing of petitions, and time limits, except
as expressly modified to meet the purposes of initiative
and referendum to be as nearly as practicable as provided
in Sections 34-1701 through 34-1705 of the Idaho Code.
Section 13. That Chapter 7, Title I of the Tillage Code of
NcCa11, Idaho, be, and the same is hereby repealed.
Section 14. That Title I of the Village Code of TicCall, Idaho,
be, and the same is hereby amended by the addition thereto of a
NEW CHAPTER, to be known and designated as Chapter 7, Title I of
the Tillage Code of hcCall, Idaho, and to read as follows:
CHAPTER 7
MAYOR
SECTIONS:
1-7-1: Authority, Duties and Powers
1-7-2: Salaries
1-7-1: AUTHORITY, DUTIES, AND POWERS: The authority, duties
and powers of the Mayor are as defined specifically,
Title 50, Chapter 6, Idaho Code, and generally as may
be assigned in Title 50, Idaho Code.
1-7-2: SALARY OF MAYOR: The salary of the Mayor of the City
shall be three hundred and fifty dollars ($350.00) per
month.
Section 15. That Chapter 8, Title I of the Village Code of
McCall, Idaho, be, and the same is hereby repealed.
Section 16. That Title I of the Village Code of McCall, Idaho,
be, and the same is hereby amended by the addition thereto of a
NEW CHAPTER, to be known and designated as Chapter 8, Title I of
the Village Code of McCall, Idaho, and to read as follows:
SECTIONS:
1-8-1:
1-8-2:
1-8-3:
1-8-4:
1=8-5:
CHAPTER 8
THE CITY COUNCIL
Authority, Duties and Powers
Regular Meetings
Special Meetings
Time of Meeting
Salary
1-8-1: AUTHORITY, DUTIES AND POWERS: The authority, duties
and powers of the McCall City Council are as defined
specifically in Title 50, Chapter 7, Idaho Code, and generally
as may be assigned in Title 50, Idaho Code.
1-8-2: REGULAR MEETINGS: Regular meetings of the Council
shall be held on the second and fourth Thursdays of
each and every month at the City Hall, 216 East Park Street,
McCall, Idaho, except that when such regular meetings fall upon
a legal holiday, the same shall be held on the preceding day
unless otherwise fixed by the Council.
1-8-3: SPECIAL MEETINGS; CALLING OF SAME: Special meetings of
the Council may be called at any time by the mayor, or
by one-half (1/2) plus one (1) of the members of the full
Council, and in each instance the object of the call shall be
submitted to the Council in writing, which call and object as
well as the disposition thereof, shall be entered upon the
journal of the Clerk.
1-.8-4: TIME OF MEETING: All Council meetings shall begin at
seven o'clock (7:00) P.M. unless a different time be specified
for special meetings in the call of such special meetings.
1-8-5: SALARY OF THE COUNCIL MEMBERS: The salary of each
member of the Council shall be two hundred dollars ($200.00) per
month.
Section 17. That Chapter 9, Title I of the Village Code of
McCall, Idaho, be, and the same is hereby repealed.
Section 18. Mat Title I of the Village Cade of McCall, Idaho:
be, and the same is hereby amended by the addition thereto of a
NEW CHAPTER: to be known and designated as Chapter 9, Title I of
the Village Code of McCall, Idaho, and to read as follows:
CHAPTER 9
OFFICERS
SECTIONS:
1-9-1: Oaths
179-2: Bonds
1-'9-3: Salaries
1=9-4: Appointment and Removal
1-9-5: Personnel Rules, Applicability to Officers
179-6: Persons Appointed to More Than One Office
1-9-7: Deputy Officers
1-9-8: Officers, Contractor and Employee Status
1-9-9: Officers Designated and Duties Listed By Title
1-9-1: OATHS: Each officer of the City shall take and
subscribe such oath as may be required by law of City
Officers before a person authorized to administer oaths, which
oath shall be filed with the Clerk. No Officer shall enter upon
the duties of his office until he shall have taken, subscribed
and filed such oath.
1-9-2: BONDS: The Officers of the City before entering upon
the performance of their duties shall enter into and
execute to said City good and sufficient bonds signed by
sureties acceptable to the City Council, conditioned for the
faithful performance of the duties of their respective offices
according to law and the provisions of this Code, which said
bonds shall be not less than an amount of $25,000 for each the
Clerk and the Treasurer. Bonds for other offices shall be fixed
from time to time by ordinance. The bonds of all Officers,
except those of the Clerk shall, after being approved by the
Council be filed with the clerk. The bond of the Clerk
shall, after like approval, be filed with and kept by the
Treasurer.
1-9-3: PAYMENT OF SALARIES: The salaries of all appointive
officers of the City shall be fixed by resolution of
the Council.
1-9-4: (A) APPOINTMENT: Officers of the City shall be
appointed in the manner prescribed by Idaho Code,
Sections 50-204 and 50-205.
(B) REMOVAL: Officers of the city shall be removed as
provided in Idaho Code Section 50-206.
1-9-5: PERSONNEL RULES, APPLICABILITY TO OFFICERS: All
employees who are not officers of the City are
classified employees. The rights and duties of classified
employees are defined by Personnel Rules adopted by resolutions
of the City Council. The city officers designated in this
chapter shall be exempt from the city personnel rules except as
to those duties imposed upon city officers who are designated
as department heads by the personnel rules.
1-9-6: PERSONS APPOINTED TO MORE THAN ONE OFFICE: Nothing
shall prohibit an individual from being appointed to
more than one office.
1=9-7: DEPUTY OFFICERS: Nothing shall prohibit the Council
from creating and designating a Deputy City Clerk, and
Deputy City Treasurer. Such deputies shall also be regarded as
officers. An individual in the classified service cannot serve
as a deputy officer.
1-9-8: OFFICERS, CONTRACTOR AND EMPLOYEE STATUS: The City
Council may elect to have officers who are not
employees. Where such election is made, a contractual
relationship shall be provided for, with such contract to be
approved or rescinded in the manner provided for appointment and
removal of officers in Idaho Code Sections 50-204 and 50-206.
1-9-9: OFFICERS DESIGNATED AND DUTIES LISTED BY TITLE: The
City of McCall deems it necessary for the efficient
operation of the City to designate the following positions as
officers of the City: City Administrator, City Clerk, City
Treasurer, City Attorney, City Prosecutor, Public Works
Director, Recreation Director, Golf Superintendent, Police
Chief, Fire Chief, and Airport Manager.
The rights, duties and responsibilities of each city officer
are:
(A) CITY ADMINISTRATOR:
(1) RIGHTS, DUTIES AND OBLIGATIONS: The rights, duties
and obligations of the City Administrator shall be
fixed by resolution, a copy of which shall be kept on file
in the Office of the City Clerk.
(B) CITY CLERK:
(1) DUTIES AND MEETINGS: The City Clerk shall attend all
meetings of the City Council, keep true and accurate
minutes of their meetings and record the same in a minute
book to be furnished by the City.
(2) CUSTODIAN OF SEAL: The City Clerk shall be the keeper
of the Seal of the City and shall affix it to all
instruments and papers which by law are required to be
attested with the Seal of the City.
(3) CUSTODIAN OF RECORDS: The City Clerk shall have the
custody of and shall safely keep all records,
documents, contracts, bonds and all other papers and
instruments belonging to said City. It shall be the
Clerk's duty to keep the original ordinances passed by the
City Council. The Clerk shall attach to each copy of an
ordinance thus made in said ordinance book a certificate
signed by him and attested with the Seal of the City to the
effect that the said copy is a true and correct copy of the
ordinance as passed.
(4) CERTIFIED INSTRUMENTS: Upon demand and payment of the
same fees therefor as might lawfully be charged by a
recorder in a county in Idaho for similar service, the
clerk shall furnish any person applying therefor a
certified copy of any record, ordinance, paper or document
in his possession as such Clerk except those records
exempt by law from disclosure. All fees shall be accounted
for and paid to the Treasurer of the City.
(5) GENERAL DUTIES: The Clerk shall do and perform such
other duties as may be required from time to time by
order of the City Council or as prescribed in Title 50,
Idaho Code.
C.i CITY TREASURER:
(1) DUTIES: Record of outstanding bonds- The Treasurer
shall be custodian of all money belonging to the City;
he shall keep a separate account of each fund or
appropriation, and the debits and credits belonging
thereto; he shall give a receipt to every person paying
money into the treasury, thereon specifying the date of
payment and on what account paid; he shall also file copies
of such receipts with his monthly reports; he shall at the
end of each and every month and as often as may be
required, render an account to the City Council, under
oath, showing the state of the treasury at the date of such
account and the balance of money in the treasury; he shall
also accompany such accounts with a statement of all
receipts and disbursements, together with all warrants
redeemed and paid by him, which said warrants, with any and
all vouchers held by him, shall be filed with his said
account in the Clerk's office, and if said Treasurer
neglect or fail for the space of ten (10) days from the end
of each and every month to render his said account, his
office shall be declared vacant and the City Council shall
fill the vacancy by appointment. He shall also keep a
record of all outstanding bonds against the City showing
the number, amount of each, and to whom said bonds were
issued; and when any bonds are purchased, paid or
cancelled, said record shall show the fact. In his annual
report he shall describe particularly the bonds issued and
sold during the year and the terms of the sale with each
and every item of expense thereof.
D. CITY ATTORNEY
(1) DUTIES: The City Attorney shall be the legal
advisor of the municipal corporation, shall
represent the City in all civil suits or proceedings in
which the City is interested, and shall perform such other
duties as may be prescribed by ordinances and resolutions
duly passed. He shall attend all City Council meetings
and report to the Council on legal and policy matters at
their request and direction. He shall be a member in good
standing of the Idaho Bar Association and shall represent
the City in court as required.
E. CITY PROSECUTOR
(1) DUTIES: The City Prosecutor and his deputies
shall prosecute those violations of county or
city ordinances, state traffic infractions, and state
misdemeanors committed within the municipal limits.
In so doing, the City Attorney, his deputies, or contract
counsel shall exercise the same powers as the county
prosecutor including, but not limited to, granting immunity
to witnesses. The City Prosecutor shall be a member in
good standing of the Idaho Bar Association.
F. PUBLIC WORKS DIRECTOR
(1) DUTIES: The Public Works Director shall be
responsible for the safe and efficient operation and
maintenance of the City's water and sewer systems including
collection and distribution networks and treatment
facilities. The Public Works Director shall be responsible
for park maintenance, the maintenance of the public
streets, roads and alleys, and of the City's airport.
G. RECREATION DIRECTOR
(1) DUTIES: The Recreation Director shall be responsible
for creating and maintaining a recreation program
meeting the needs of the resident and tourist populations
of the community as directed by the City Council.
H. GOLF SUPERINTENDENT
(1) DUTIES: The Golf Superintendent shall be responsible
for the maintenance of the McCall Municipal Golf
Course and all buildings and all improvements thereon and
all equipment.
I. POLICE CHIEF
(1) DUTIES: The Chief of Police shall be Chief of the
police force and all assistant officers shall be
subordinate to him and subject to his orders. It shall be
his duty to cause the public peace to be preserved and to
see that all laws and provisions of this code are enforced
within the City limits, and when any violation thereof
shall come to his knowledge or be reported to him, he shall
cause the requisite complaint to be made and see that all
possible evidence is produced for successful prosecution of
offenders.
J., FIRE CHIEF
(1) DUTIES: The Fire Chief shall be Chief of all firemen,
paid or volunteer, who shall be subordinate to him and
subject to his orders. It shall be his duty to ensure that
all reasonable efforts are undertaken to prevent fires.
When a fire occurs, it shall be his duty to take all
reasonable and necessary efforts to minimize the loss of
life and property to the City's residents.
K. AIRPORT MANAGER
(1) DUTIES: The Airport Manager shall administer and
enforce all ordinances, rules and regulations for the
operation and maintenance of the McCall Municipal Airport
as promulgated by the Mayor and Council, and shall do and
perform such other duties that may be fixed by resolution
by the City Council.
Section 19. That Chapter 10, Title I of the Village Code of
McCall, Idaho, be, and the same is hereby repealed.
Section 20. That Title I of the Village Code of McCall, Idaho:
be, and the same is hereby amended by the addition thereto of a
NEW CHAPTER, to be known and designated as Chapter 10, Title I of
the Village Code of McCall, Idaho, and to read as follows:
CHAPTER 10
BOARDS, COMMITTEES AND COMMISSIONS
SECTIONS:
1-10-1: Temporary City Advisory Committees
1-10-2: Permanent Planning and Zoning Commission
1-10-1: Pursuant to Idaho Code Section 50-210, the City of
McCall deems it necessary and expedient to the
efficient operation of the city to have citizen advisory boards
as named below:
Airport Advisory Committee
Park and Recreation Committee
Transportation Advisory Committee
Golf Course Advisory Committee
The City Council shall assign duties and responsibilities to
each of these committees by motion of the Council and provided
for the committees' organization. Members shall be appointed by
the Mayor with the consent of the Council.
1-10-2: The Council designates the Planning and Zoning
Commission(s) as a permanent commission(s) whose duties
are outlined as required by state statute and
city ordinances.
Section 21. That Chapter 11, Title I of the Villge Code of
McCall, Idaho, be, and the same is hereby repealed.
Section 22. That Title I of the Village Code of McCall, Idaho,
be, and the same is hereby amended by the addition thereto of a
NEW CHAPTER, to be }mown and designated as Chapter 11, Title I of
the ;pillage Code of McCall, Idaho, and to read as follows:
CHAPTER 11
URBAN RENEWAL AGENCY
SECTION:
1-11-1: Urban Renewal Board of Commissioners,
Appointment and Term
1-11-2: Duties of Urban Renewal Board of Commissioners
1-11-1: URBAN RENEWAL BOARD OF COMMISSIONERS: The Mayor by
and with the advice and consent of the Council shall
appoint a board of commissioners of the Urban Renewal
Agency which shall consist of five (5) members. The
term of office for one commissioner shall expire in
one year. The term of office of two commissioners
shall expire in two years. The term of office of two
commissioners shall expire in three years.
Thereafter, all terms of office of such commissioners
shall be for three years.
1-11-2: DUTIES: The duties of the Urban Renewal Board of
commissioners shall be as set forth in Chapters 20 and
29 of Title 50, Idaho Code, and applicable city
ordinances now and hereafter adopted.
Section 23. That Chapters 12, 13, 14, 15, 16 and 17, Title I
of the Village Code of McCall, Idaho, be, and the same are hereby
repealed.
Section 24. SEVERABILITY: It is hereby decared to be the
intent of the Mayor and Council that the provisions,and parts
thereof, of this Ordinance shall be severable. Should any
section, subsection, paragraph, clause or phrase of this
Ordinance, or any particular application thereof, be declared
invalid or unconstitutional for any reason by a court of competent
jurisdiction, such decision shall not affect the remaining
portions of said section, subsection, paragraph, clause or phrase
of this Ordinance.
Section 25. This ordinance shall be and remain in full force
and effect from and after its passage, approval and publication as
required by lax.
Passed and approved this day of May, 1991.
Mayor
Attest:
City Clerk
ORDINANCE N0. S $'3 ,Le / ...1k
c_ .... .
AN ORDINANCE RELATING TO THE ADMINISTRATION OF THE CITY OF McCALL.
IDAHO, REPEALING CHAPTER i OF TITLE I OF THE VILLAGE CODE OF
McCALL, IDAHO; AMENDING TITLE I OF THE VI AGE CODE OF McCALL,
IDAHO, BY THE ADDITION OF A NEW CHAPTER.6 t"TITLE• I OF-AEE= f;,
VILLAGE CODE OF McCALL, IDAHO, TO PROVIDE FOR TBE ADOPTION OF AN
OFFICIAL CODE AND THE TITLE THEREOF, TO PROVIDE FOR ACCEPTANCE OF
THE CODE, AMENDMENTS THERETO, CONSTRUCTION OF WORDS, TO PROVIDE
FOR DEFINITIONS, AND FOR INTERPRETATIONS OF CODE; REPEALING
CHAPTER 2 OF TITLE I OF THE VILLAGE CODE OF McCALL, IDAHO;
AMENDING TITLE I OF THE VILLAGE CODE 0 L, IDAHO, BY THE
ADDITION OF A NEW CHAPTER 2, TITLE I VILLAGE CODE OF
McCALL: IDAHO, TO PROVIDE A SAVING CL REPEALING GENERAL
ORDINANCES AND PROVIDING EXCLUSION_ :EAL, TO PROVIDE -FOR
PUBLIC UTILITY•ORDINANCES, TO PR( NDING SUITS
CONSTRUCTON OF ORDINANCES INVOLVED REPEALING 'TER 3 OF .
TITLE I OF 1EE VILLAGE CODE OF McC 0; AMEND G TITLE I OF
THE VILLAGE CODE OF McCALL, IDAHO, ADDITIO► OF A NEW
CHAPTER 3 OF TITLE I OF VILLAG McC : • L, IDAHO, TO
PROVIDE A GENERAL PENAL TO PR VIDE FOR ACTS TO WHICH THE
PENALTY SHALL ATTACH; R:P AL`NG C TER 4 0TITLE I OF THE
VILLAGE. CODE OF McC ►AH ; AMENDING T E I OF THE VILLAGE
CODE OF McCALL. ID ADDITION 0° A NEW CHAPTER 4 OF TITLE
I OF TEE: VILLAGE COD CC L, IDAHO, TO PROVIDE FOR A CITY
TITLE I THE VILLAGE CODE OF
I OF r•i VILLAGE CODE OF HcCALL,
NEW C TER 5, TITLE I OF THE VILLAGE
OR AN OFFICIAL CITY NEWSPAPER;
THE ',TILLAGE CODE OF McCALL,
,TILLAGE CODE OF McCALL, IDAHO, BY
OF TITLE, I OF THE VILLAGE CODE OF
INITIATIVE AND REFERENDUM, TO
OF SIGNERS, TIME FOR FILING, TIME
TU PROVIDE REQUIREMENTS FOR SIGNATURE
REPEALING CHAPTER 7 OF TITLE I OF THE
AHO; AMENDING TITLE I OF THE VILLAGE
THE ADDITION OF A NEW CHAPTER 7, TITLE I
CALL, IDAHO, TO PROVIDE FOR THE DUTIES
AND SALARY OF MAYOR; REPEALING CHAPTER S OF TITLE I OF THE VILLAGE
CODE OF Mr_.CALL, IDAHO; AMENDING TITLE I OF THE VILLAGE CODE OF
McCALL, IDAHO, BY THE ADDITION OF A NEW CHAPTER 8, TITLE I OF THE
VILLAGE CODE OF McCALL, IDAHO, TO PROVIDE FOR THE AUTHORITY,
DUTIES AND POWERS OF THE CITY COUNCIL, TO PROVIDE FOR REGULAR AND
SPECIAL MEETINGS AND TO PROVIDE FOR CALLING OF SPECIAL MEETINGS,
`TO PROVIDE FOR THE TIME FOR COUNCIL MEETINGS, AND TO PROVIDE FOR
THE SALARY OF COUNCIL MEMBERS;.REPEALING CHAPTER 9 OF TITLE I OF
THE;VILLAGE CODE OF McCALL, IDAHO;. AMENDING TITLE I OF THE VILLAGE
CODE OF McCALL, IDAHO, BY THE ADDITION OF A NEW CHAPTER 9, TITLE I
OF THE VILLAGE CODE OF McCALL, IDAHO, TO PROVIDE FOR OATHS OF CITY
OFFICERS, TO PROVIDE FOR BONDS FOR CERTAIN CITY OFFICERS, TO
PROVIDE FOR FIXING OF SALARIES OF CITY OFFICERS, TO PROVIDE FOR
APPOINTMENT AND REMOVAL OF CITY OFFICERS, TO PROVIDE THAT CITY
OFFICERS SHALL BE EXEMPT FROM THE PERSONNEL RULES OF THE CITY OF
SEAL REPEALIN
HcCALL, IDAHO;
IDAHO, BY THE
CODE OF McCALL,
REPEALING CHAPTER
IDAHO; AMENDING T
THE ADDITION OF A
McCALL, IDAHO, Z)) P
PROVIDE FOR PETITION
FOR ELECTIONS THERE
AND VALIDATION OF PETITION
VILLAGE CODE OF McCALL, I
CODE OF McCALL, IDAHO, B
OF THE 'VILLAGE CODE OF M
L,
0, BY
OF
R 5
NG T
�N OF
CHAP
ND
DITI
DAHO, TO PROVIDE
6 0, TITLE I 0
I OF THE
HAPTER
DE FO
NUMB
R A/
FR
IDE
THE
L,
BY
COD
R
F THE
USE,
RE
R P
IN;
F
I
OF
HcCALL, EXCEPT F'OP, DUTIES IMPOSED UPON CITY OFFICERS AS DEPARTMENT
-HEAD --'1C) PRO's7IDE..THAT--.AN OFFICER-MAY--BE-APPOINTED-TO MORE THAN
ONE OFFICE: TO PROVIDE FOR APPOINTMENT OF DEPUTY CITY OFFICERS; ToPROVIDE THAT THE CITY MAY CONTRACT FOR THE SERVICE OF CITY
OFFICERS, AND DESIGNATING CITY OFFICERS AND FIXING THEIR DUTIES
AND RESPONSIBILITIES; REPEALING CHAPTER 10,-TITLE I OF THE VILLAGE
CODE OF McCALL, IDAHO; AMENDING TITLE I OF THE VILLAGE CODE OF
McCALL, IDAHO: BY THE ADDITION OF A NEW CHAPTER 10 OF THE VILLAGE
CODE OF McCALL, IDAHO, TO PROVIDE FOR THE APPOINTMENT OF TEMPORARY
ADVISORY COMMIITEES'AND TO PROVIDE FOR THE DUTIES THEREOF TO BE
FIXED BY THE COUNCIL, TO PROVIDE THAT THE PLANNING AND ZONING
COMMISSION(5) SHALL BE A PERMANENT COMMISSION AND TO PROVIDE FOP
THE DUTIES OF SUCH COMMISSION; REPEALING CHAPTER 11, TITLE I OF
THE VILLAGE CODE OF McCALL, IDAHO; AMENDING TITLE I OF THE VILLAGE
CODE OF McCALL, IDAHO, BY THE ADDITION OF A NEW CHAPTER 11, TITLE
I OF THE VILLAGE CODE OF McCALL, IDAHO, TO PROVIDE FOR THE
APPOINTMENT OF AN URBAN RENEWAL BOARD OF COMMISSIONERS, TO PROVIDE
FOR THE NUMBER OF MEMBERS THEREOF AND TERMS OF OFFICE ACID TO
PROVIDE FOR THE POWERS AND DUTIES OF THE URBAN RENEWAL COMMISSION;
REPEALING CHAPTERS 12, 13,_14, 15: 15 AND 17 OF TITLE I OF THE
VILLAGE CODE OF McCALL, IDAHO; PROVIDING A SEVERABILITY CLAUSE;
AND PROVIDING AN EFFECTIVE DATE
BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF McCALL,
IDAHO, AS FOLLOWS:
Section 1 . That Chapter 1, Title I of the Village Code of
McCall ,- _ Idaho ;- -b a --and.-.the ..- same - is -hereby- r ep ea Tbd :. • - .-. - - -.
Section 2. That Title I of the Village Code of McCall, Idaho,
be, and the same is hereby amended by the addition thereto of a
NEW CHAPTER, to be known and designated as Chapter 1, Title I of
the Village -ode of McCall, Idaho, and to read as follows:
171-1 - .._...._.....___..___-----_.__—___....._...__-----._..._.._-----___----tb
CHAPTER 1
ADOPTION OF OFFICIAL CODE
SECTION
1-1-1: Title
1-1-2: Acceptance
1-1-3: Amendments
1-1-4: Construction of Words
1-1-5: Definitions
1-1-6: Interpretations
1-1-1: TITLE: This compilation and codification of the
general ordinances of the City of McCall is hereby
declared to be and shall hereafter constitute the Official City
Code of the City of McCall and shall be known and designated as
the McCall City Code. Any reference made to the number of any
Section contained herein shall be understood to refer to the
position of the same under its appropriate Title heading, its
Chapter heading, and its Section heading, and to the general
penalty clause relating thereto, as well as to the Section
itself, when reference is made to this Code by title in any
legal document. -
ACCEPTANCE: This City Code, as hereby presented in
printed form, shall hereafter be received without
further proof in all courts and in all administrative tribunals
of this state as the ordinances of a general and permanent
effect of the City.
1=1-3: AMENDMENTS: Any ordinance amending this Code shall
set forth the Title, Chapter and Section number of the
Section or Sections to be amended, and this shall constitute a
sufficient compliance with any statutory requirement pertaining
to the amendment or revision by ordinance of any part of this
Code. All such amendments or revisions by ordinance shall be
immediately forwarded to Sterling Codifiers, Inc., and the said
ordinance material shall be prepared for insertion'in its proper
place in each copy of this City Code. Each such replacement
page shall be properly identified and shall be inserted in each
copy of this City Code within thirty (30) days from the date of
its final ,passage.
1T1-4: CONSTRUCTION OF WORDS: Whenever any word in any
Section_ of this City Code importing the plural number
is usedf„,jin describing or referring to any matters, parties, or
persons;- -any single - matter; -party -- or -person -shell be deemed.. to
be included, although, distributive words may not have been
used. When any subject matter, party or person is referred to
in this City Code by words importing the singular number only;
or the masculine gender, several matters, parties, or persons
and females as well as males and bodies corporate) shall be
deemed to be included., Provided, that these rules of
construction shall not be applied to any. Section of this City
Code which contains any express provision excluding such
construction or where the subject matter or content may be
repugnant thereto.
1-1-5: DEFINITIONS:
The word "person" shall be deemed to include any person, firm,
association, or corporation or any organization of any kind.
The words "written" and "in writing" may include printing.
The term "personal property" includes every description of
money, goods, chattels, effects, evidence of rights in action
and all written instruments by which any pecuniary obligation,
right or title to property is created, acknowledged,
transferred, increased'j,defeated, discharged or diminished and ✓
every right or interest -therein.
The word "streets" includes alleys, lanes, courts, boulevards,
public ways, public squares, public places and sidewalks.
The word "owner" applied to a building or land shall include any
part owner, joint owner, tenant in common, joint tenant in
common, joint tenant or lessee of the whole or part of such
building or land whether alone or with others.
The word "officers" shall include the words "City", "Clerk" or
"Treasurer",11City Clerle,''City Treasurer', and other City officers
named by the City Council.
The term "wilfully") when applied to the intent with which an act
is done or omitted, implies simply a purpose or willingness to
commit the act or make the omission referred to. It does not
require any intent to violate law, or to injure another, or to
acquire an advantage.
The terms "neglect", "negligence", "negligent", and
"negligently" import a want of such attention to the nature or
probable consequences of the act or omission as prudent man
ordinarily bestows in acting in his own concern.
The term "knowingly" imports only a knowledge that the facts
1
June 27, 1991
TO:
FROM:
RE:
MEMORANDUM
Mayor Allen
City Treasurer Hend
Mayor and Council Sal=ries
At your request I have computed what the Mayor and Council
salaries would have been had they been adjusted by the
Consumer Price Index. I have also computed the salaries
adjusted by the same COLA increase given city employees
since 1987. These figures are as follows:
Mayor
Council
The current
Current
Monthly
Salary
$250.00
$125.00
Monthly
Salary
Adjusted
by CPI
1987-90
$295.56
$147.79
Monthly
Salary
per COLA
Adjustments
1987-90
$274.29
$137.15
salary structure was enacted by Ordinance 435,
August 3, 1981 and became effective January 1, 1982.
I also reviewed the AIC Salary and Benefits Survey and
found that Mayors' salaries in other small cities range
from $1,200 to $7,200 annually. Council members' salaries
ranged from $900 to $4,800 annually.
SECTION:
I)
1-1 .-1:
1-1 . —2:
1-1 ,-3:
1-1 —4:
1-1 —5:
1-1 —6:
1-1 —7:
1-1;-8:
1-1 —9:
CHAPTER //
AIRPORT MANAGER
Creation of Office
Airport Rules; General
Ground Rules
Taxiing Rules
Landing and Take -Off Rules
Airport Fire Regulations
Penalties
Tie -Down Area Rental Fees
Landing Fees
CATION OF OF E:
(A) There is hereby create the office of Airport Manager for the City of McCall
who shall be appof d by and serve at the pleasure of the Mayor and Council.
(B) Duties of the /rport
and Council.
anager shall be established and defined by the Mayor
(C) Compens2ation of the Airport Manager shall be established by the Mayor and
Council.- (Ord. 368, 6-5-78)
1-12-2: Al ` 'ORT RULES;
(A) • All aeronautical :cti
of aircraft departin
conducted in conf
Air Regulations iued
(B) The Airport
regard toJ
the inte
787
NERAL:
vi •es at the McCall Municipal Airport, and all flying
from or arriving at the Municipal Airport, shall be
rm with the current pertinent provisions of the Civil
by e Civil Aeronautics Board.
/Manager, may sus.: d or restrict any or all operations without
eather conditions whe •ver such action is deemed necessary in
est of safety.
1-12-2
1-12-3
(C) • The Airport Manager shall at all times have authority to take such actions
as may be necessary to safeguard the public in attendance at the airport.
Every pilot, mechanic or other person employed at or using the airport shall
cooperate with the airport management to enforce these rules and to see that
all persons upon the premises use due care and caution to prevent injury
to persons or damage to property.
(D) Instructors shall fully acquaint their students with these rules and shall be
responsible for the conduct of students under their direction during the dual
instruction. When a student is flying solo, it shall be his sole responsibility
to observe and abide by these rules.
(E) The term "person" shall mean any individual, firm, co -partnership,
cooperation, company, association, joint-stock association, or body politic;
and include any trustee, receiver, assignee, or any similar representative thereof.
1-12-3: GROUND RULES:
(A) Aircraft engines shall be started or warmed up only in the places designated
for such purposes by the Airport Manager. At no time shall engines be turned
up when hangars, shops, other buildings, or persons in the observation area,
are in the path of the propeller stream. When hand cranks are used, a
competent operator shall be at all times at the controls and the wheels
chocked.
(B) Aircraft shall not be parked except in areas and in the manner designated
by the Airport Manager.
(C) All repairs to aircraft or engines, except emergency repairs, shall be made
in the spaces designated for this purpose and not in the area reserved for
landing and taking off.
(D) No person or persons, except airmen, duly authorized personnel, passengers
going to or from the airport, or other persons being personally conducted
by airmen or airport attendants shall be permitted to enter the landing area
proper. This does not give any person or persons so excepted the privilege
of unrestricted use of this space. These privileges are confined to the necessary
use of this space in connection with flights, inspections or routine duties.
(E) Aircraft shall be properly blocked and tied down by the owner or operator
when parked for overnight or when conditions otherwise warrant.
(F) No motor vehicle shall be driven onto the landing area proper without the
express permission of the Airport Manager or his designated representative,
nor otherwise than in accordance with his instructions.
787
r
1-12-3
1-12-6
(G) No automobile shall be parked on the airport property except In areas
designated for that purpose by the Airport Manager.
1-12-4: TAXIING 'RULES:
(A) No person shall taxi an
approved parking space
of collision with any
inspection of the area
by airport attendants.
.aircraft to or from the hangar line or to or from an
until he has ascertained that there will be no danger
person or object in the immediate area by visual
and, when available, through information furnished
No aircraft shall be taxied except at a safe and reasonable speed.
No aircraft not equipped with adequate brakes shall be taxied near buildings
or parked aircraft unless an attendant is at a wing of the aircraft to assist
the pilot.
Taxiing aircraft shall be stopped a minimum distance of one hundred feet (100')
from the active runway for engine run .up and while awaiting take -off
clearance.
Aircraft taxiing shall conform to the attached taxi patterns which are made
a supplement to these rules.
1-12-5: LANDING AND TAKE -OFF RULES:
(A) Landings and take -offs shall be made directly into the wind or on the runway
or landing strip most nearly aligned with the wind except when winds are
light. Winds of less than five (5) miles per hour are considered light.
(B). No landing or take -off shall be made except at a safe distance from buildings
and aircraft.
(C) No turn shall .be made after take -off until the airport boundary has been
reached and the pilot has attained an altitude of at least four hundred feet
(400') and has ascertained there will be no danger of collision with other
aircraft.
(D) Aircraft landing or taking off shall conform to the air traffic patterns on file
in the office of the Airport Manager and which are hereby a supplement
to these rules.
1-12-6: AIRPORT FIRE REGULATIONS:
(A) All persons using in any way the airport area or the facilities of the airport
shall exercise the utmost care to guard against fire and injury to persons and
property.
787
1-12-6 1-12-8
(B) No person shall conduct any welding or open flame operations in or adjacent
to any hangar or building unless specifically authorized by the Airport
Manager.
(C) No person shall store or stock material or equipment in such a manner as
to constitute a fire hazard.
(D) No person shall operate any radio equipment in any aircraft when such aircraft
is in a hangar. .
(E) No person shall smoke within fifty feet (50') of the aircraft.
(F) No aircraft shall be fueled while the engine is running or while such aircraft
is in the hangar.
(G) All aircraft shall positively be grounded when being serviced with gasoline.
1-12-7: PENALTIES: In addition to penalties otherwise provided, in this
Code; any person violating these rules or refusing to comply therewith
may be promptly removed or ejected from the airport by or under the authority of
the Airport Manager, and upon the order of the Airport Manager may be deprived
of the further use of the airport and its facilities for such length of time as may be
required to insure the safeguarding of the same and the public and its interests therein.
These rules shall be posted in the Administrative Building and in each hangar.
The violation of any of the provisions of this Chapter shall be deemed a misdemeanor,
and upon conviction thereof the convicted person or persons shall be fined in a sum
not less than twenty five dollars ($25.00) nor more than one hundred dollars
($100.00) together with costs of prosecution. (Ord. 159, 4-3-50)
1-12-8: TIE -DOWN AREA RENTAL FEES:
(A) There is hereby imposed aircraft tie -down rental fees at the McCall Muni-
cipal Airport, which fees shall be in the amount hereinafter set forth opposite
the type of area of tie -down:
Hard -surfaced tie -down areas $15.00 per month each
All other tie -down areas 7.50 per month each
Itinerant aircraft parking fees for overnight parking shall be $2.00 per
night.
(B) All fees shall be paid in advance to the Airport Manager. Monthly fees paid in
advance for six (6) months or more shall be reduced by ten percent (10%).
787
1-12-8
1-12-9
(C) All fees collected by the Airport Manager under this Chapter shall be re-
mitted by him to the City Clerk at least once per month and shall by the
Clerk be deposited in the City General Fund.
(D) Itinerant tie -down areas shall be divided as nearly equally as possible between
the fixed base operators at the McCall Municipal Airport (3-172►`--`
1-12-9: LANDING FEES:
(A) There is hereby imposed on all owners and operators of commercial aircraft
landing in the McCall Municipal Airport, landing fees as follows:
Thirty five cents ($.35) per thousand (1,000) pounds gross weight of each
aircraft, with a minimum fee of two dollars fifty cents ($2.50) per aircraft
per landing.
(B) The Airport Manager shall collect such landing fees and remit them each week
to the City Clerk who shall credit such fees to the airport fund.
(C) This Ordinance shall not apply to fixed base operators at the McCall Municipal
Airport.
(D) This Ordinance shall be in full force and effect from and after
787
l 1ig2 •
1-1-1 1-1-4
CHAPTER 1
ADOPTION OF OFFICIAL CODE
SECTION
1-1-1: Title
1-1-2: Acceptance
1-1-3: Amendments
1-1-4: Construction of Words
1-1-5: Definitions
1-1-6: Interpretations
1-1-1: TITLE: This compilation and codification of the
general ordinances of the City of McCall is hereby
declared to be and shall hereafter constitute the Official City
Code of the City of McCall and shall be known and designated as
the McCall City Code. Any reference made to the number of any
Section contained herein shall be understood to refer to the
position of the same under its appropriate Title heading, its
Chapter heading, and its Section heading, and to the general
penalty clause relating thereto, as well as to the Section
itself, when reference is made to this Code by title in any
legal document.
1-1-2: ACCEPTANCE: This City Code, as hereby presented in
printed form, shall hereafter be received without
further proof in all courts and in all administrative tribunals
of this state as the ordinances of a general and permanent
effect of the City.
1-1-3: AMENDMENTS: Any ordinance amending this Code shall
set forth the Title, Chapter and Section number of the
Section or Sections to be amended, and this shall constitute a
sufficient compliance with any statutory requirement pertaining
to the amendment or revision by ordinance of any part of this
Code. A11 such amendments or revisions by ordinance shall be
immediately forwarded to Sterling Codifiers, Inc., and the said
ordinance material shall be prepared for insertion in its proper
place in each copy of this City Code. Each such replacement
page shall be properly identified and shall be inserted in each
copy of this City Code within thirty (30) days from the date of
its final passage.
1-1-4: CONSTRUCTION OF WORDS: Whenever any word in any
Section of this City Code importing the plural number
is used, in describing or referring to any matters, parties, or
persons, any single matter, party or person shall be deemed to
be included, although, distributive words may not have been
used. When any subject matter, party or person is referred to
in this City Code by words importing the singular number only,
or the masculine gender, several matters, parties, or persons
and females as well as males and bodies corporate shall be
deemed to be included. Provided, that these rules of
construction shall not be applied to any Section of this City
Code which contains any express provision excluding such
construction or where the subject matter or content may be
repugnant thereto.
1-1-5: DEFINITIONS:
The word "person" shall be deemed to include any person, firm,
association, or corporation or any organization of any kind.
The words "written" and "in writing" may include printing.
The term "personal property" includes every description of
money, goods, chattels, effects, evidence of rights in action
and all written instruments by which any pecuniary obligation,
right or title to property is created, acknowledged,
transferred, increased defeated, discharged or diminished and
every right or interest therein.
The word "streets" includes alleys, lanes, courts, boulevards,
public ways, public squares, public places and sidewalks.
The word "owner" applied to a building or land shall include any
part owner, joint owner, tenant in common, joint tenant in
common, joint tenant or lessee of the whole or part of such
building or land whether alone or with others.
The word "officers" shall include the words "City", "Clerk" or
"Treasurer", or other such title shall mean City Clerk, City
Treasurer, or other City officers named by the City Council.
The term "wilfully" when applied to the intent with which an act
is done or omitted, implies simply a purpose or willingness to
commit the act or make the omission referred to. It does not
require any intent to violate law, or to injure another, or to
acquire an advantage.
The terms "neglect", "negligence", "negligent", and
"negligently" imports a want of such attention to the nature or
probable consequences of the act or omission as prudent man
ordinarily bestows in acting in his own concern.
The term "knowingly" imports only a knowledge that the facts
exist which brings the act or omission within the provisions of
this Code. It does not require any knowledge of the
unlawfulness of such an act or omission.
1-1-6: INTERPRETATIONS: In the determination of the provisions
of each Section of this Code the following rules shall
be observed;
(A) Intent to Defraud: Whenever an intent to defraud is
required in order to constitute an offense, it shall be
sufficient if an intent appears to defraud any persons.
(B) Liability of Employers and agents: When the provisions of
any Section of this Official Code prohibits the commission of an
act, not only the person actually doing the prohibited act or
omitting the directed act, but also the employer and all other
persons concerned with or in aiding or abetting the said person
shall be deemed guilty of the offense described and liable to
the penalty set forth.
CHAPTER 2
SAVING CLAUSE
SECTION:
1-2-1: Repeal of General Ordinances
1-2-2: Public Utility Ordinances
1-2-3: Pending Suits
1-2-1 REPEAL OF GENERAL ORDINANCES: A11 general ordinances
of the City passed prior to the passage of this Code
are hereby repealed, except such as are referred to herein as
being still in force or are by necessary implication herein
reserved from repeal (subject to the saving clauses herein
contained) from which are excluded the following ordinances
which are not hereby repealed: Tax levy ordinances,
appropriation ordinances, ordinances relating to boundaries and
annexations, franchise ordinances, and other ordinances granting
special rights to persons or corporations, contract ordinances
and ordinances authorizing the execution of a contract or the
issuance of warrants, salary ordinances, ordinances
establishing, naming or vacating streets, alleys or other public
places, improvement ordinances, bond ordinances, ordinances
relating to elections, ordinances relating to the transfer or
acceptance of real estate by or from the City and all special
ordinances.
1-2-2: PUBLIC UTILITY ORDINANCES: No ordinance relating to
railroads or railroad crossings with streets and other
public ways or relating to the conduct, duties, service or rates
of public utilities shall be repealed by virtue of the adoption
of this Code or by virtue of the preceding Section, excepting as
this Code shall be considered as amending such ordinance or
ordinances in respect to such provision only.
1-2-3: PENDING SUITS: No new ordinances shall be construed
or held to repeal a former ordinance, whether such former
ordinance is expressly repealed or not, as to any offense
committed against such former ordinance or as to any act done,
any penalty, forfeiture or punishment so incurred, or any right
accrued or claim arising under the former ordinance, or in any
way whatever to affect any such offense or act so committed or
so done, or any penalty, forfeiture or punishment so incurred or
any right accrued or claim arising before the new ordinance
takes effect, save only that the proceedings thereafter shall
conform to the ordinances in force at the time of such
proceedings, so far as practicable. If any penalty, forfeiture
or punishment be mitigated by any provision of a new ordinance,
such provision may be, by the consent of the party affected,
applied to any judgement announced after the new ordinance takes
affect.
This Section shall extend to all repeals, either by express
words or implication whether the repeal is in the ordinance
making any new provisions upon the same subject or in any other
ordinance.
Nothing contained in this or the preceding Sections shall be
construed as abating any action now pending under or by virtue
of any general ordinance of the City herein repealed; or as
discontinuing, abating, modifying or altering any penalty
accrued or to accrue, or as altering the liability of any
person, firm, or corporation, or as waiving any right of the
City under any ordinance or provision thereof in force at the
time of adoption of this Code.
CHAPTER 3
GENERAL PENALTY
SECTION:
1-3-1: General Penalty
1-3-2: To What Acts Penalty Shall Attach
1-3-1: GENERAL PENALTY: Any person convicted of a misdemeanor
or violation of any section of this Code shall be fined
in a sum not exceeding three hundred dollars ($300.00) for any
one offense, provided said fine shall not exceed the amount
permissible in probate or justice courts of similar
jurisdictions, or confined in the County jail not more than
thirty (30) days, or both such fine and imprisoment, recoverable
with costs, and in default of payment of any fine imposed shall
be imprisoned in the City or County jail for a period of one day
for each ten ($10.00) dollars of such fine, provided that upon
conviction of driving a motor vehicle while the driver is
intoxicated or under the influence of intoxicating liquor, the
court shall demand the delivery of the driver's license.
Whenever a defendant is sentenced to imprisonment or is
imprisoned for nonpayment of a fine or costs, he may be put to
work for the benefit of the City for the term of his
imprisonment.
1-3-2: TO WHAT ACTS PENALTY SHALL ATTACH: Any person who
shall commit any act declared by any section of this
Code to be unlawful, or who fails to perform any act or
discharge any obligation or duty required by or imposed upon him
by any ordinance shall be deemed guilty of a misdeanor, and
shall be subject to the penalty fixed for the violation with
like effect as if such penalty were specifically declared in the
section forbidding such act or declaring the same to be unlawful
or prescribing the duty or imposing the obligation, and where
any duty is prescribed or obligation is imposed, or where any
act which is of a continuing nature is forbidden or declared to
be unlawful, a separate offense shall be deemed committed upon
each day during or on which such violation occurs or continues,
except where otherwise provided in this Code.
CHAPTER 4
SEAL
SECTIONS:
1-4-1: City Seal
1-4-1: CITY SEAL: The corporate seal of the City shall be
circular in form with inner and outer circles. The
outer circle shall be one and fifteen -sixteenths (1
15/16) inches in diameter. It shall bear upon the
space between the two circles, the words, "McCall,
Valley County, Idaho", and upon the space within the
inner circle the words, "Incorporated".
CHAPTER 5
OFFICIAL NEWSPAPER
SECTIONS:
1-5-1: Official Newspaper
1-5-1: OFFICIAL NEWSPAPER: Pursuant to Idaho Code, Section
50-213, the Central Idaho Star News McCall, Idaho is the
official newspaper of the City of McCall. Publication of
official notices, calls for bids, ordinances and other matters
in this newspaper of general circulation shall constitute legal
publication within the requirements of federal codes, state
statutes and local ordinances.
CHAPTER 6
INITIATIVE AND REFERENDUM
SECTION:
1-6-1: Initiative and Referendum
1-6-1: INITIATIVE AND REFERENDUM:
(A) Creation of Right: The people of this City shall have the
right to enact ordinances through the initiative process,
according to the procedures set forth herein.
(B) Number of Petitioners Required: To enact an ordinance by
initiative or to repeal an ordinance by referendum, there
shall be attached or appended to the petition the
signatures, of the legal voters of the City equal to at
least twenty percent (20%) of the total number of voters
registered to vote at the last general election in the
City.
(C) Time for Filing Petitions: Referendum petitions with the
requisite number of signatures attached shall be filed with
the City Clerk not less than sixty (60) days following the
final adoption of the ordinance to be subject to
referendum.
(D) Time for Election: A special election for initiative or
referendum shall be provided not more -than ninety (90) days
following the certification of the petition, provided that
in the event a Municipal election will occur within ninety
(90) days, the initiative and referendum shall be submitted
at the time of the Municipal election.
(E) Requirements for signature, Verification of Valid
Petitions, Printing of Petition and Time Limits:
Referendum an initiative petitions shall conform with the
requirements for signature, verification of valid
petitions, printing of petitions, and time limits, except
as expressly modified to meet the purposes of initiative
and referendum to be as nearly as practicable as provided
in Section 34-1701 through 34-1705 of the Idaho Code.
CHAPTER 7
MAYOR
SECTIONS:
1-7-1: Authority, Duties and Powers
1-7-2: Salaries
1-7-1: AUTHORITY, DUTIES, AND POWERS: The authority, duties
and powers of the Mayor are as defined specifically,
Title 50, Chapter 6, Idaho Code, and generally as may
be assigned in the Title 50, Idaho Code.
1-7-2: SALARY OF MAYOR: The salary of the Mayor of the City
shall be per month.
1
SECTIONS:
1-8-1:
1-8-2:
1-8-3:
1-8-4:
1-8-5:
CHAPTER 8
THE CITY COUNCIL
Authority, Duties and Powers
Regular Meetings
Special Meetings
Time of Meeting
Salary
1-8-1: AUTHORITY, DUTIES AND POWERS: The authority, duties
and powers of the McCall City Council are as defined
specifically in Title 50, Chapter 7, Idaho Code and generally as
may be assigned in Title 50, Idaho Code.
1-8-2: REGULAR MEETINGS: Regular meetings of the Council
shall be held on the second and fourth Thursdays of
each and every month at the City Hall, 216 East Park Street,
McCall, Idaho, except that when such regular meetings fall upon
a legal holiday, the same shall be held on the preceding day
unless otherwise fixed by the Council.
1-8-3: SPECIAL MEETINGS; CALLING OF SAME: Special meetings of
the Council may be called at any time by the mayor, or
by one-half (1/2) plus one of the members of the full Council,
and in each instance the object of the call shall be submitted
to the council in writing, which call and object as well as the
disposition thereof shall be entered upon the journal of the
Clerk.
1-8-4: TIME OF MEETING: All Council meetings shall begin at
seven o'clock (7:00) P.M. unless a different time be specified
for special meetings in the call of such special meetings.
1-8-5: SALARY OF THE COUNCIL MEMBERS:
member of the Council shall be
;�44-2-57 per month.
The salary of
SECTIONS:
1-9-1:
1-9-2:
1-9-3:
1-9-4:
1-9-5:
1-9-6:
1-9-7:
1-9-8:
1-9-9:
CHAPTER 9
OFFICERS
Oaths
Bonds
Salaries
Appointment and Removal
Personnel Rules, Applicability to Officers
Persons appointed to More Than One Office
Deputy Officers
Officers, Contractor and Employee Status
Officers Designated and Duties Listed By Title
1-9-1: OATHS: Each officer of the City shall each take and
subscribe such oath as may be required by law of City
Officers, before a person authorized to administer oaths, which
oath shall be filed with the Clerk. No Officer shall enter upon
the duties of his office until he shall have taken, subscribed
and filed such oath.
1-9-2: BONDS: The Officers of the City before entering upon
the performance of their duties shall enter into and
execute to said City good and sufficient bonds, signed by
sureties acceptable to the City Council, conditioned for the
faithful performance of the duties of their respective offices
according to law and the provisions of this Code which said
bonds shall be in. The amount of $25,000 for each the Clerk and
the Treasurer. Bonds for the offices shall be fixed from
time to time by ordinance. The bonds of all officers, except
those of the Clerk shall, after being approved by the Council be
filed with the clerk. the bond of the Clerk shall, after like
approval, be filed with and kept by the Treasurer.
1-9-3: PAYMENT OF SALARIES: The salaries of all appointive
officers of the City shall be fixed by resolution of
the Council. (Ordinance 277, 4-22-68)
1-9-4: (A) APPOINTMENT: Officers of the City shall be
appointed in the manner prescribed by Idaho Code,
Sections 50-204 and 50-205.
(B) REMOVAL: Officers of the city shall be removed as
provided in Idaho Code Section 50-206.
1-9-5: PERSONNEL RULES, APPLICABILITY TO OFFICERS: All
employees who are not officers of the City are
classified employees. The rights and duties of classified
employees are defined by Personnel Rules adopted by resolutions
of the City Council. The city officers designated in this
chapter shall be exempt from the city personnel rules except as
to those duties imposed upon city officers who are designated
as department heads by the personell rules.
1-9-6: PERSONS APPOINTED TO MORE THAN ONE OFFICE: Nothing
shall prohibit an individual from being appointed to
more than one office.
1-9-7: DEPUTY OFFICERS: Nothing shall prohibit the Council
from creating and designating a deputy City Clerk, or
Deputy City Treasurer. Such individuals shall also be regarded
as officers. An individual in the classified service cannot
serve as a deputy officer.
1-9-8: OFFICERS, CONTRACTOR AND EMPLOYEE STATUS: The City
Council may elect to have officers who are not
employees. Where such election is made, a contractual
relationship shall be provided for, with such contract to be
approved or rescinded in the manner provided for appointment and
removal of officers in Idaho Code, Section 50-204.
1-9-9: OFFICERS DESIGNATED AND DUTIES LISTED BY TITLE: The
City of McCall deems it necessary for the efficient
operation of the City to designate the following positions as
officers of the City: City Administrator, City Clerk, City
Treasurer, City Attorney, City Prosecutor, Public Works
Director, Recreation Director, Golf Superintendent, Police
Chief,- Fire Chief 54- 0,4
The rights, duties and responsibilities of each city officer
are:
(A) CITY ADMINISTRATOR:
(1) RIGHTS, DUTIES AND OBLIGATIONS: The rights, duties
and obligations of the City Administrator shall be
fixed by resolution, a copy of which shall be kept on file
in the Office of the City Clerk.
(B) CITY CLERK:
(1) DUTIES AND MEETINGS: The City Clerk shall attend all
meetings of the City Council, keep true and accurate
minutes of their meetings and record the same in a minutes
of their meeting and record the same in a minute book to
be furnished by the city.
(2) CUSTODIAN OF SEAL: The City Clerk shall be the keeper
of the Seal of the City, and shall affix it to all
instruments and papers which by law are required to be
attested with the Seal of the City.
(3) CUSTODIAN OF RECORDS: The City Clerk shall have the
custody of and shall safely keep all records,
documents, contracts, bonds and all other papers and
instruments belonging to said city. It shall be the
Clerk's duty to keep the original ordinances passed by the
City Council. The Clerk shall attach to each copy of an
ordinance thus made in said ordinance book a certificate
signed by him and attested with the Seal of the City to the
effect that the said copy is a true and correct copy of the
ordinance as passed.
(4) CERTIFIED INSTRUMENTS: Upon demand and payment of the
same fees therefore as might lawfully be charged by a
recorder in a county in Idaho for similar service, the
clerk shall furnish any person applying therefore a
certified copy of any record, ordinance, paper or document
in his possession as such clerk. All fees shall be
accounted for and paid to the Treasurer of the City.
(5) DUTIES, GENERAL: The Clerk shall do and perform such
other duties as may be required of him from time to
time by order of the City Council or as prescribed in Title
50, Idaho Code.
C. CITY TREASURER:
(1) DUTIES: Record of outstanding bonds- The Treasurer
shall be custodian of all money belonging to the city;
he shall keep a separate account of each fund or
appropriation, and the debits and credits belonging
thereto; he shall give a receipt of every person paying
money into the treasury, thereon specifying the date of
payment and on what account paid; he shall also file copies
of such receipts with his monthly reports; he shall at the
end of each and every month and as often as may be required
render an account to the City Council, under oath, showing
the state of the treasury at the date of such account and
the balance of money in the treasury; he shall also
accompany such accounts with a statement of all receipts
and disbursements, together with all warrants redeemed and
paid by him, which said warrants, with any and all vouchers
held by him, shall be filed with his said account in the
Clerk's office, and if said treasurer neglect or fail for
the space of ten (10) days from the end of each and every
month, to render his said account, his office shall be
declared vacant, and the City Council shall fill the
vacancy by appointment. He shall also keep a record of all
outstanding bonds against the city showing the number,
amount of each, and to whom said bonds were issued; and
when any bonds are purchased, paid or cancelled, said
record shall show the fact. In his annual report he shall
describe particularly the bonds issued and sold during the
year, and the terms of the sale with each and every item of
expense thereof.
D. CITY ATTORNEY
(1) DUTIES: The City Attorney shall be the legal
advisor of the municipal corporation, shall
represent the city in all civil suits or proceedings
in which the city is interested, and shall perform
such other duties as may be prescribed by ordinances
and resolutions duly passed. He shall attend all City
Council meetings and report to the Council on legal and
policy matters at their request and direction. He shall be
a member in good standing of the Idaho Bar Association and
shall represent the city in court as required.
E. CITY PROSECUTOR
(1) DUTIES: The City Prosecutor and his deputies
shall prosecute those violations of county or
city ordinances, state traffic infractions, and state
misdemeanors committed within the municipal limits.
In so doing, the city attorney, his deputies, or
contract counsel shall exercise the same powers as the
county prosecutor including, but not limited to, granting
immunity to witnesses. The City Prosecutor shall be a
member in good standing of the Idaho Bar Association.
F. PUBLIC WORKS DIRECTOR
(1) DUTIES: The Public Works Director shall be
responsible for the safe and efficient operation and
maintenance of the city's water and sewer systems including
collection and distribution networks and treatment
facilities. The Public Works Director shall be responsible
for park maintenance, the maintenance of the public
streets, roads and alleys, and of the city's airport.
G. RECREATION DIRECTOR
(1) DUTIES: The Recreation Director shall be responsible
for creating and maintaining a recreation program
meeting the needs of the resident and tourist populations
of the community as directed by the City Council.
H. GOLF SUPERINTENDENT
(1) DUTIES: The Golf Superintendent shall be responsible
for the maintenance of the McCall Municipal Golf
Course and all buildings and all improvements thereon and
all equipment.
I. POLICE CHIEF
(1) DUTIES: The Chief of Police shall be Chief of the
police force and all assistant officers shall be
subordinate to him and subject to his orders. It shall be
his duty to cause the public peace to be preserved and to
see that all laws and provisions of this code are enforced
within the city limits, and when any violation thereof
shall come to his knowledge or be reported to him, he shall
cause the requisite complaint to be made and see that all
possible evidence is produced for successful prosecution of
offenders.
J. FIRE CHIEF
K.
r
(1) DUTIES: The Fire Chief shall be Chief of all firemen,
paid or volunteer, who shall be subordinate to him and
subject to his orders. It shall be his duty to ensure that
all reasonable efforts are undertaken to prevent fires.
When a fire occurs, it shall be his duty to take all
reasonable and necessary efforts to minimize the loss of
life and property to the city's residents.
4°Mk. /i-12-
oQ_A_cuCi
SECTION:
1-10-1:
1-10-1:
CHAPTER 10
URBAN RENEWAL AGENCY
Urban Renewal Agency Board
/4142.44.01
er
irk slid world. y e y
4-kit S o w2
URBAN RENEWAL AGENCY BOARD: Pursuant to section
50-2006, Idaho Code, the City Council of the City of
McCall is hereby appointed and designated as the Board
of Commissioners of the McCall Urban Renewal Agency.
CHAPTER
BOARDS, COMMITTEES AND COMMISSIONS
Pursuant to Idaho Code, Section 50-210, the City of McCall
deems it necessary and expedient to the efficient operation of
the city to have citizen advisory boards as named below:
Airport Advisory Committee
Park and Recreation Committee
Transportation Advisory Committee
Golf Course Advisory Committee
The City Council shall assign duties and responsibilities to
each of these committees by motion of the Council and provided
for the committees' organization.
The Council further designates that the Planning and Zoning
Commission (s) shall be a permanent board (s) whose duties are
outlined as required by ordinance and made a part of this City
Code.
cm( OF McCALL
P.O. BOX 1065
McCALL, IDAHO 83638
(20404-7142
411 T
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DATE /
414.,
MESSAGE:
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ORIGINATOR -DO NOT WRITE BELOW THIS LINE
REPLY
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SEND PARTS I AND 3 INTACT -PART I WILL BE RETURNED WITH REPLY
RMCC- 868 -3
ORIGINATOR'S COPY
CHAPTER 10
BOARDS AND COMMISSIONS
Pursuant to Idaho Code, Section 50-210, the City of McCall
deems it necessary and expedient to the efficient operation of
the city to have citizen advisory boards as named below:
Airport Advisory Committee
Park and Recreation Committee
Transportation -Advisory Committee
Golf Course Advisory Committee
The City Council shall assign duties and responsibilities to
each of these committees by motion of the Council and provided
for the committees' organization.
The Council further designates that the Planning and Zoning
Commission (s) shall be a permanent board (s) whose duties are
outlined as required by ordinance and made a part of this City
Code.
exist-----which-brin*the -act-or----omission-within_theasprovisions.--of. -
this Code. It does not require any knowledge of .the
unlawfulness of such an act or omission.
1-1-6: INTERPRETATIONS: In the determination of the provisions
of each Section of this Code the following rules shall
be observed;
(A) Intent to Defraud: Whenever an intent to defraud is
required in order to constitute an offense, it shall be
sufficient if an intent appears to defraud any persons.
(B) Liability of Employers andAgents: When the provisions of !/
any Section of this Official Code prohibit, the commission of an ✓-
act, not only the person actually doing the prohibited act or
omitting the directed act, but also the employer and all other
persons concerned with or in aiding or abetting the said person
shall be deemed guilty of the offense described and liable to
the penalty set forth.
Section 3. That Chapter 2, Title I of the Village Code of
McCall, Idah�, _be; aiid trie same ie-..hereby repealed: - _..-.....
Section 4. That Title I of the Village Code of McCall, Idaho,
be, and the same is hereby amended by the addition thereto of a
NEW CHAPTER, to be known and designated as Chapter 2, Title I of
the Village Code of McCall, Idaho, and to read as follows:
SECTION:
1-2-1:
1-2-2:
1-2-3:
CHAPTER 2
SAVING CLAUSE
Repeal of General Ordinances
Public Utility Ordinances
Pending Suits
1-2-1 REPEAL OF GENERAL ORDINANCES: All general ordinances
of the City passed prior to the passage of this Code
are hereby repealed, except such as are referred to herein as
being still in force or are by necessary implication herein
reserved from repeal (subject to the saving clauses herein
contained) from which are excluded the following ordinances
which are not hereby repealed: Tax ; levy ordinances,
appropriation ordinances, ordinances relating to boundaries and
annexations, franchise ordinances, and other ordinances granting
special rights to persons or corporations, contract ordinances
and ordinances authorizing the execution of a contract or the
issuance of warrants, salary ordinances, ordinances
establishing, naming or vacating streets, alleys or other public
places, improvement ordinances, bond ordinances, ordinances
relating to elections, ordinances relating to the transfer or
acceptance of real estate by or from the City and all special
ordinances.
1-2-2: PUBLIC UTILITY ORDINANCES: No ordinance relating to
railroads or railroad crossings with streets and other
public ways or relating to the conduct, duties, service or rates
of. public utilities shall be repealed by virtue of the adoption
of this Code or by virtue of the preceding. Section, excepting as
this Code shall be considered as amending such ordinance or
ordinances in respect to such provision only.
1-2-3: PENDING SUITS: No new ordinances shall be construed
or held to repeal a former ordinance, whether such former
ordinance is expressly repealed or not, as to any offense
committed against such former ordinance or as to any act done,
any penalty, forfeiture or punishment so incurred, or any right
accrued or claim arising under the former ordinance, or in any
way whatever to affect any such offense or act so committed or
so done, or any penalty, forfeiture or punishment so incurred or
any right accrued or claim arising before the new ordinance
takes effect, save only that the proceedings thereafter shall
conform to the ordinances in force at the time of such
proceedings, so far as practicable. If any penalty, forfeiture
--or—punishment—be-mitigated by -any -provision of ...a..new .gprdinance, ..
such provision may be, by the consent of the party affected,
applied to any judg�inent announced after the new ordinance takes
affect.
This Section shall extend to all repeals, either by express
words or implication, whether the repeal is in the ordinance
making any new provisions upon the same subject or in any other
ordinance.
Nothing contained in this or the preceding Sections shall be
construed as abating any action now pending under or by virtue
of any, general ordinance of the City herein repealed; or as
discontinuing, abating, modifying or altering any penalty
accrued or .to accrue, or as altering the liability of any
person, firm, or corporation, or as waiving any right of the
City under any ordinance or provision thereof in force at the
time of adoption of this Code.
Section 5 . That Chapter 3, Title I of the Village Code of
McCall, Idaho, be� 6:hd-th6-"same iS fiereby-tbpeal-ed:----
Section 6. That Title I of the Village Code of McCall, Idaho,
be, and the same is hereby amended by the addition thereto of a
NEW CHAPTER, to be known and designated as Chapter 3, Title I of
the Village Code of McCall, Idaho, and to read as follows:
CHAPTER-3----
GENERAL PENALTY
SECTION:
1-3-1: General Penalty
1-3-2: To What Acts Penalty Shall Attach
1-3-1: GENERAL PENALTY: Any person convicted of a misdemeanor
or violation of any section of this_.4Code shall be fined
in a sum not exceeding three hundred (dollars ($300.00,y1for any one offense, provided said fine shall not. ekceed the amount
permissible - in probate or justice courts of similar
jurisdictions, or confined in the County jail not more than
thirty (30) days, or bob uch fine and imprisdment�lrecoverable
with costs, and in defadlt of payment of any tine ihhposed shall
be imprisoned in the City or County jail for a period of one day
for each ten ($10.00) dollars of such fine, provided that upon
conviction of driving a motor vehicle while the driver is
intoxicated or under the influence of intoxicating liquor, the
court shall demand the delivery of ,the driver's license.
Whenever a defendant is sentenced to imprisonment or is
imprisoned for nonpayment of a fine or costs, he may be put to
work for the benefit of the City for the term of his
imprisonment.
1-3-2: TO WHAT ACTS PENALTY SHALL ATTACH: Any person who
shall commit any act declared by any section of this
Code to be unlawful, or who fails to perform any act or
discharge any obligation or duty required by or imposed upon him
by any ordinance shall be deemed guilty of a misdeanori, and
shall be subject to the penalty fixed for the violation with
like effect as if such penalty were specifically declared in the
section forbidding such act or declaring the same to be unlawful
or prescribing the duty or imposing the obligation, and where
any duty is prescribed or obligation is imposed, or where any
act which is of a continuing nature is forbidden or declared to
be unlawful, a separate offense shall be deemed committed upon
each day during or on which such violation occurs or continues,
except where otherwise provided in this Code.
Section 7 . That Chapter 4, Title I of the Village Code of
McCall, Idaii�; be� and the -smz is hereby repealed.- _.._... --_ .- .-.
Section 8. That Title I of the Village Code of McCall, Idaho,
be, and the same is hereby amended by the addition thereto of a
NEW CHAPTER,, to be known and designated as Chapter 4, Title I of
the Village Code of McCall, Idaho, and to read as follows:
SEAL
SECTIONS:
1-4-1: City Seal
1-4-1: CITY SEAL: The corporate seal of the City shall be
circular in form with inner and outer circles. The
outer circle shall be one and fifteen -sixteenths (1
15/16) inches in diameter. It shall bear upon the
space between the two circles, the words, "'McCall,
Idaho" in lower case and "CITY, OF MCCALL, IDAHO" in
upper case letters , and upon the space within the
inner circle the word, "SEAL".
Section 9. That Chapter 5, Title I of the Village Code of
McCall, Idaho, be; -and the same is hereby -repealed. - `'
Section 10. That Title I of the Village Code of McCall, Idaho,
be, and the same is hereby amended by the addition thereto of a
NEW CHAPTER, to be known and designated as Chapter 5, Title I of
the Village Code of McCall, Idaho, and to read as follows:
___._.._.--- ...CHAPTER ._5.---
OFFICIAL NEWSPAPER
SECTIONS:
1-5-1: Official Newspaper
1-5-1: OFFICIAL NEWSPAPER: Pursuant to Idaho Code, Section
50-213, the Central Idaho Star News) McCall, Idaho, is the ✓'
official newspaper of the City of McCall. Publication of
official notices, calls for bids, ordinances and other matters
in this newspaper of general circulation shall constitute legal
publication within the requirements of federal codes, state
statutes and local ordinances.
Section 11. That Chapter 6, Title I of the Village Code of
McCall, Idaho, be, and_the r same-i:s._Yiereby .repealed:
Section 12. That Title I of the Village Code of McCall, Idaho,
be, and the same is hereby amended by the addition thereto of a
NEW CHAPTER, to be known and designated as Chapter 6, Title I of
the Village Code of McCall, Idaho, and to read as follows:
INITIATIVE AND REFERENDUM
SECTION:
1-6-1: Initiative and Referendum
1-6-1: INITIATIVE AND REFERENDUM:
(A) Creation of Right: The people of this City shall have the
right to enact ordinances through the initiative process,
according to the procedures set forth herein.
(B) Number of Petitioners Required: To enact an ordinance by
initiative or to repeal an ordinance by referendum, there
shall be attached or appended tp the petition the
signatures of the legal voters of the City equal to at
least twentytpercent' (20%))of the total number of voters ✓
registered to vote at the last general election in the
City.
(C) Time for Filing Petitions: Referendum petitions with the
requisite number of signatures attached shall be filed with
the City Clerk not less than sixty (60) days following the
final adoption of the ordinance to be subject to
referendum.
(D) Time for Election: A special election for initiative or
referendum shall be provided not more than ninety (90) days
following the certification of the petition, provided that
in the event a Municipal election will occur within ninety
(90) days, the initiative and referendum shall be submitted
at the time of the Municipal election.
(E) Requirements for gignature, Verification of Valid
Petitions, printing of Petition and Time Limits:
Referendum ;a ~initiative petitions shall conform with the
requirement ---for signature, verification of valid
petitions, printing of petitions, and time limits, except
as expressly modified to meet the purposes of initiative
and referendum to be as nearly as practicable as provided
in Sectio�34-1701 through 34-1705 of the Idaho Code.
if
Section 13. That Chapter 7, Title I of the Village Code of
McGill � . Idaho;- be-;--anrl. the .same --is hereby --repealed:
Section 14. That Title I of the Village Code of McCall, Idaho,
be, and the same is hereby amended by the addition thereto of a.
NEW CHAPTER, to be known and designated as Chapter 7, Title I of
the Village Code of McCall, Idaho, and to read as follows:
-�
CHAPTER 7
MAYOR
SECTIONS:
1-7-1: Authority, Duties and Powers
1-7-2: Salaries
_.�
1-7-1: AUTHORITY, DUTIES, AND POWERS: The authority, duties
and powers of the Mayor are as defined specifically o;
Title 50, Chapter 6, Idaho Code, and generally as may
be "assigned in e Title 50, Idaho Code.
1-7-2: SALARY OF MAYOR: The salary of the Mayor of the City
shall be three hundred and fifty dollars',($350.00h per
month. �- -... f
Section 15. That Chapter S, Title I of the Village Code of
Idaho;._-b.e;_.and...the
Section 16. That Title I of the Village Code of McCall, Idaho,
be, and the same is hereby amended by the addition thereto of a
NEW CHAPTER, to be known and designated as Chapter S, Title I of
the Village Code of McCall, Idaho, and to read as follows:
SECTIONS:
1-8-1:
1-8-2:
1-8-3:
1-8-4:
1-8-5:
CHAPTER 8
THE CITY COUNCIL
Authority, Duties and Powers
Regular Meetings
Special Meetings
Time of Meeting
Salary
1-8-1: AUTHORITY, DUTIES AND POWERS: The authority, duties
and powers of the McCall City Council are as defined
specifically in Title 50, Chapter 7, Idaho Code)and generally as
may be assigned in Title 50, Idaho Code.
1-8-2: REGULAR MEETINGS: Regular meetings of the Council
shall be held on the second and fourth Thursdays of
each and every month at the City Hall, 216 East Park Street,
McCall, Idaho, except that when such regular meetings fall upon
a legal holiday, the same shall be held on the preceding day
unless otherwise fixed by the Council.
1-8-3: SPECIAL MEETINGS; CALLING OF SAME: Special meetings of
the Council may be called at any time by the mayor, or
by one-half (1/2) plus onegbf the members of the full Council,
and in ach instance the object of the call shall be submitted
to the Council in writing, which call and object as well as the
disposition thereof) shall be entered upon the journal of the
Clerk.
1-8-4: TIME OF MEETING: All Council meetings shall begin at
seven o'clock (7:00) P.M. unless a different time be specified
for special meetings in the call of such special meetings.
1-8-5: SALARY OF THE COUNCIL MEMBERS: The salary of each
member of the Council shall be two hundred dollars,:y($200.0041 per
month.
Section 17. That Chapter 9, Title I of the Village Code of
McCall, Idaho, b-a;----arid-the_.same is hereby--.repealedT-.---------------_-._.-----------
Section 18. That Title I of the Village Code of McCall, Idaho,
be, and the same is hereby amended by the addition thereto of a
NEW CHAPTER, to be known and designated as Chapter 9, Title I of
the Village Code of McCall, Idaho, and to read as follows:
SECTIONS:
1-9-1:
1-9-2:
1-9-3:
1-9-4:
1-9-5:
1-9-6:
1-9-7:
1-9-8:
1-9-9:
OFFICERS
Oaths
Bonds
Salaries
Appointment and Removal
Personnel Rules, Applicability to Officers
Persons Pppointed to More Than One Office
Deputy Officers
Officers, Contractor and Employee Status
Officers Designated and Duties Listed By Title
1-9-1: OATHS: Each officer of the City shall eaghtake and
subscribe such oath as may be required by law of City
Officersy before a person authorized to administer oaths, which
oath shall be filed with the Clerk. No Officer shall enter upon
the duties of his office until he shall have taken, subscribed
and filed such oath.
1-9-2: BONDS: The Officers of the City before entering upon
the performance of their duties shall enter into and
execute to said City good and sufficient bonds/ signed by
sureties acceptable to the City Council, conditioned for the
faithful performance of the duties of their respective offices
according to law and the provisions of this Codej which said
bonds shall be not less than an amount of $25,000 for each the
Clerk and the Treasurer. Bonds for other offices shall be fixed
from time to time by ordinance. The bonds of all Pfficers,
except those of the Clerk shall, after being approved by the
Council) be filed with the b.lerk. The bond of the Clerk
shall,after like approval, be filed with and kept by the
Treasurer.
1-9-3: PAYMENT OF SALARIES: The salaries of all appointive
officers of the City shall be fixed by resolution of
the Council.
1-9-4: (A) APPOINTMENT: Officers of the City shall be
appointed in the manner prescribed by Idaho Code,
Sections 50-204 and 50-205.
(B) REMOVAL: Officers of the city shall be removed as
provided in Idaho Code Section 50-206.