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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 t e DATE / 414., MESSAGE: ,KW? r-C,a ; ; 0,7P(4-424. ORIGINATOR -DO NOT WRITE BELOW THIS LINE REPLY • 6t._) ifj", 7-7 1 . \ A '3 i (6'?"1 •-k-,,&._ \ j (...» -• ,j g,-1--^2 - -s1-: ,- j il i (.. REPLY TO SIGNED 1 7( r";;A!---- A ki/ 6-41.1 r r?"- e 0 e DATE .SIGNED 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.