HomeMy Public PortalAboutOrd. 590-A - Water Safety Amending Title VORDINANCE NO. �riF.6) -04
AN ORDINANCE RELATING TO WATER SAFETY; AMENDING TITLE V
OF THE VILLAGE CODE OF McCALL, IDAHO, BY THE ADDITION OF
A NEW CHAPTER 9, TITLE V OF THE VILLAGE CODE OF McCALL,
IDAHO, TO PROVIDE DEFINITIONS, CREATING A WATERSAFETY ZONE,
TO PROVIDE FOR INSTALLATION OF BUOYS TO MARK THE WATER
SAFETY ZONE, DEFINING UNLAWFUL ACTS, TO PROVIDE EXCEPTIONS,
TO PROVIDE FOR WATERCRAFT EXHIBITION AND RACES AND TO
ESTABLISH A FEE FOR PERMITS THEREFOR, TO PROVIDE PENALTIES
AND TO PROVIDE FOR SEVERABILITY.
BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY
OF McCALL, IDAHO, AS FOLLOWS:
Section 1. That Title V 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 of Title V of
the Village Code of McCall, Idaho, and to read as follows:
Chapter 9
Water Safety
5-9-1: Definitions. Words not defined herein shall be given
the meaning ordinarily applied to such words. The following mean:
Watercraft
Water Safety Zone
Any and all motorboats, sailboats,
personal watercraft, "jet ski" and
any other device used to carry, move,
pull or otherwise transport persons
or property across and over the
surface of water.
That zone lying within 300 feet of
the low water line of big Payette
Lake, within the corporate limits
of the City of McCall.
5-9-2: Water Safety Zone Created. There is hereby created a
water safety zone within that area of big Payette Lake lying
within the corporate limits of the City of McCall, described as
follows:
That area lying within three hundred feet (300') of the low
water line of big Payette Lake.
5-9-3: Location and Marking of Water Safety Zone. Buoys
conforming to the requirements of the Uniform State Waterways
Marking System shall be installed on the outer boundaries of the
water safety zone.
5-9-4: Unlawful Acts.
1. It shall be unlawful to mar, deface or destroy any water
safety zone marker.
WATEP SAFETY ORDINANCE-1
2. It shall be unlawful for any person to operate a water-
craft in a water safety zone at a speed in excess of five
(5) miles per hour, except as hereinafter provided.
5-9-5: Exceptions.
1. It shall not be unlawful to operate a watercraft in
a water safety zone in excess of five (5) miles per hour
when leaving or returning to a place of moorage, within
the shortest distance between the place of moorage and the
area in big Payette Lake lying and being outside of such
water safety zone.
2. Any person engaged in a professional watercraft exhibi-
tion or participating in a regatta, race, marine parade,
tournament, or exhibition held in compliance with a
permit issued by the City of McCall.
5-9-6: Watercraft Exhibitions and Races -Permit Required:
1. No person shall engage in a professional exhibition
or participate in a regatta, race, marine parade, tourna-
ment or exhibition in a water safety zone without a permit
therefor issued by the City of McCall.
2. The permit fee for each professional jet ski exhibi-
tion, regatta, race, marine parade, tournament, or
exhibition shall be $25.00 per day, payable in advance.
3. Applications for licenses hereunder shall be made to
the City Clerk upon such forms that are required by said
City Clerk.
5-9-7: Penalties. Any person convicted of a violation of this
Chapter shall be punished by a fine not to exceed three hundred
dollars ($300.00) or imprisonment in the County jail not more than
thirty (30) days or by both such fine and imprisonment.
5-9-8: Severability. If any portion of this Chapter or the
application thereof to any persons or circumstances is held to be
invalid, the invalidity shall not affect other provisions or
applications of this ordinance which can be given effect without
the invalid provision or application, and to this end the
provisions of this Chapter are severable.
Passed and approved this9(9,ay of 1991.
Ms`y^S�5
Att: :
%11i 41.-6e
Ci'"y Clerk
WATER SAFETY ORDINANCE-2
STATE OF IDAHO )
COUNTY OF VALLEY)
CERTIFICATE OF RECORDING OFFICER
ss
I, the undersigned, the duly appointed, qualified, City Clerk of
McCall City, Idaho, do hereby certify the following:
1. That pursuant to the provisions of Section 50-207, Idaho
Code, I keep a correct journal of the proceedings of the Council of
McCall City, Idaho, and that I am the statutory custodian of all laws,
ordinances and resolutions of said City.
2. That the attached Ordinance No. �% /}- is a true and correct
copy of an ordinance passed at a regular meeting of the Council of
McCall City held on Ae„,v „T a;Z , 19 9/, and duly recorded in my
office; and
3. That said regular meeting was duly convened and held in all
respects in accordance with law and to the extent required by law, due
and proper notice of such meeting having been given; that a legal
quorum was present throughout the meeting and that a legally
sufficient number of members of the Council of McCall City voted in
the proper manner and for the passage of said ordinance; and that all
other requirements and proceedings incident to the proper adoption and
passage of said ordinance have been duly fulfilled, carried out and
observed; and that I am authorized to execute this certificate.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the
official seal of the City of McCall, Idaho, this d 3'`- day of
,197/.
Arthur J. midt, City Clerk
(Seal of the City)
Publisher's Affidavit of Publication
STATE OF IDAHO
.SS
County of Valley
I, Ramona A. George, being duly sworn and say, I am the receptionist
of The Central Idaho Star -News, a weekly newspaper published at McCall, in
the County of Valley, State of Idaho; that said newspaper is in general
circulation in the county of aforesaid and is a legal newspaper; that the
NOTICE OF ORDINANCE NO. 590-A , a copy of which is enclosed hereto
and is a part hereof, was published in said newspaper once a week for one
consecutive weeks in the regular and entire issue of every number there of
during the period of time of publication, and was published in the newspaper
proper and not in a supplement; and that publication of such notice began
29, 1991 and ended August 29, 1991.
Subscribed and sworn before me this
STATE OF IDAHO
COUNTY OF VALLEY
ay of August, 1991.
On this 26th day of August, in the year of 1991, before me, a Notary
Public, personally appeared Ramona A. George, known or identified to me to
be the person whose name subscribed to the within instrument, and being by
me first duly sworn, declared that the statements therein are true, and acknowl-
edged to me that she executed the same.
ORDINANCE NO. 590-A
CITY OF McCALL
AN ORDINANCERELATING TO
WATER SAFETY; AMENDING TITLE
V OF THE VILLAGE CODE OF
McCALL, IDAHO, BY THE ADDITION
OF A NEW. CHAPTER 9, TITLE V OF
THE VILLAGE CODE 'OF McCALL,
IDAHO. TO PROVIDE DEFINITIONS,
CREATING A ZONE,
TO PROVIDE FORWATRSAFETY E INSTALLATION
OF ATER
SAFETY ZONE, DEFINING TO MARK THE V
UNLAWFUL ACTS, TO PROVIDE
EXCEPTIONS, TO PROVIDE FOR
WATERCRAFT EXHIBITION AND
RACES
PERMITS THEREFOR, HEREFOR
FOR FEE
TO
PROVIDE PENALTIES AND TO
,!PROVIDE FOR SEVERABILITY.
I BE IT ORDAINED BY THE MAYOR
AND COUNCIL OF THE CITY OF
i McCALL, IDAHO, AS FOLLOWS:
Section 1. That title V of the Village
I Code of McCall, Idaho, be, and the same
is hereby amended _b - I. -addition i
'thereto of a NEW CHAPTER to be i
'known and designated as Chapter 9 of'
Title V of the Village Code of McCall, it
Idaho, and to read as follows: I
Chapter 9 ;
, Water Safety
5-9-1: Definitions. Words not defined
herein shall be given the meaninggordi-'
' narily applied to such words.. The fol-;,
1 lowing mean: ' ro
Watercraft Any and all motorboats,,
1 sailboats, personal watercraft, "jet skid
1 and any other device used to carry,
, move, pull or otherwise transport per-
sons or property across and over the sur-
face of water.
Water Safely Zone That zone lying
within 300 feet of the low water line o'
big Payette Lake, within the corporate
Tom Grote ' limits of the�/ r CtPty of McCall.
Notary Public for l aho 1 o� l;r1f � rfi �ir
Residing at McCall, Idaho , -Jea,t 060 O41 Jo AClpuenb paliulij
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5:9:5: Exceptions. - ---- — tzl
1. It shall not be unlawful to operas ,
a watercraft in a water safety zone in n
excess of five (5) miles per hour when "
leaving or returning to a place of moor-
age, within the shortest distance be-
tween the place of moorage and the area
in big Payette Lake lying and being out- -side of such water safety zone.
2. Any person engaged in a profes-
sional watercraft exhibition or partid-
. pating in a regatta, race, marine pa-
rade, tournament, or exhibition held in
compliance with a permit issued by the
City of McCall.
5-9-6: Watercraft Exhibitions and
Races -Permit Required:
1. No person shall engage in a profes-
sional exhibition or participate in a re-
gatta, race, marine parade, tournament
or exhibition in a water safetyzone
without a permit therefor issuedby the
City of McCall.
2. The permit fee for each profes-
sional jet ski exhibition, regatta, race,
marine parade, tournament, or exhibi-
t lion shall be $25.00 per day, payable in
advance.
3. Applications for licenses hereun-
' der shall be made to the City Clerk
upon such forms that are required by
said City Clerk.
- 5-9-7 Penalties. Any person -con-
victed of a violation of this Chapter
shall be punished by a fine not to exceed
three hundred dollars ($300.00) or im-
prisonment in the County jail not more
than thirty (30) days or by both such
fine and imprisonment.
5-9-8: Severability. If any portion of
1 this Chapter or the application thereof"
to any persons or circumstances is held to
be invalid, the invalidity shall not f-
fect other provisions or applications of
this ordinance which can be given effect
without the invalid provision or appli-
cation, and to this end the provisions of
this Chapter are severable.
Passed and approved this 22nd day
of August,1991.
John) en, Jr., Mayor
Attest: Arthur Schmidt, City Clerk
ltp8/29