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HomeMy Public PortalAboutOrd. 591 - Prohibiting Fishing/Waterskiing from Net Pen Dock,c ORDINANCE NO. li g / AN ORDINANCE RELATING TO CITY PARKS AND PARK FACILITIES; AMENDING SECTION 5-14-6 OF THE VILLAGE CODE OF McCALL, IDAHO, TO ADD A NEW SUBSECTION (I) THERETO: TO PROVIDE THAT IT SHALL BE UNLAWFUL TO FISH OR WATER SKI FROM CITY DOCKS WITH FISH REARING NET PENS ATTACHED, TO PROVIDE POAT STED AT APPROPRIATE THE ENTRANCE TOH SUCH SUCHDOCKS AND TOSPROVIDE SHALLB PO AN EFFECTIVE DATE. BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF McCALL, IDAHO, AS FOLLOWS: Section � That t same isoher hereby amended to readeasode of follows: cCall, Idaho, be, a 8-14-6: WATER AND WATERCRAFT REGULATIONS: Fishing, boating and swimming are incompatible activities. McCall City parks are best suited to swimming activities, therefore: (A) When uses are contested, rights of swimmers shall be para- mount and other uses shall yield to the needs for safety and preservation of swimming use. (B) No watercraft, motorized or otherwise, shall be beached or docked within a City park or at park facilities except at specif- ically designated and signed locations. (C) No watercraft, motorized or otherwise, shall be permitted or operated at any time within the confines of a designated and marked swimming area. (D) Watercraft docking at a City wharf or pier shall not be parked longer than six (6) hours during any twelve (12) hour perid. (E) Waterskiing to or from a City wharf or pier is prohibited. (F) Fishing is permitted from City wharves or piers except into designated and marked swimming areas. (G) Swimming is permitted from any park or park facility unless specifically prohibited and pasted. (H) Swimming from City parks or facilities shall be at the risk of the swimmer. No lifeguards shall be on duty. (I) Notwithstanding subsection (A) through (H) above, it shall be unlawful to fish or water ski at any time from City docks with fish rearing net pens attached. Docks fish ererpens attached shall be posted signs at the entrance thereto with theregulatinsaboveset forth appearing thereon as follows: NO FISHING ALLOWED NO WATER SKIING ALLOWED Section 8-14-8(I) of the McCall City Code. Section 2. Effective date. This ordinance shall be in.force and effect from and after its passage, approval, publication and posting of the signs provided herein. Passed and approved this day of August, 1991. Mai a 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. 5-7/ is a true and correct copy of an ordinance p ssed at a regular meeting of the Council of McCall City held on �..�7` 8' , 19 f/ , 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 9'4-4 day of u-a-r- , 19 f/ . (Seal of the City) t 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.591, a copy of which is enclosed hereto and is a part hereof, was published in said newspaper once a week for one consecu- tive 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 August 15, 1991 ded August 15, 1991. Su s ribed and swom before mew the 2• h ay of August, 1991. STATE OF IDAHO COUNTY OF VALLEY On this 26th day of August, in the year of 1991, before me, a Notary Public, personally appeared Bobette S. Steffler, 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. Tom Grote Notary Public for Idaho Residing at McCall, Idaho Commission Expires: 1993 —ORDINANCE NO.591 I CITY PARKS AND PARK FACILITIES CITY OF McCALL AN ORDINANCE RELATING TO CITY PARKS AND PARK FACILITIES; AMENDING SECTION 8-14-6 OF THE VILLAGE CODE OF McCALL, IDAHO, TO ADD A NEW SUBSECTION (I) THERETO,- TO - PROVIDE- THAT= IT SHALL BE UNLAWFUL TO FISH OR WATER SKI FROM CITY DOCKS WITH FISH REARING NET PENS ATTACHED, TO PROVIDE THAT APPROPRIATE SIGNS WITH SUCH REGULATIONS SHALL BE POSTED AT THE ENTRANCE TO SUCH DOCKS AND TO PROVIDE AN EFFECTIVE DATE. BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF McCALL, IDAHO, AS FOLLOWS: , Section I. That Section 8-14-6 of the Village Code of McCall, Idaho; be, and' the same is hereby amended to read as follows: 8-14-6: WATER AND WATERCRAFT REGULATIONS. Fishing, boating and swimming are in- compatible activities. McCall • City parks are best suited to swimming ac- tivities, therefore: (A) When uses are contested, rights of swimmers shall be paramount and other uses shall yield to the needs for safety and preservation of swimming use. (B) No watercraft, motorized or otherwise, shall be' beached or docked within a City park or at park facilities `except at sPedfically designated and signed locations. (C) No watercraft, motorized or otherwise; shall be permitted or oper- ated at any time within the confines of a designated and marked swimming area. (D) Watercraft docking at a City wharf or pier shall not be parked longer aiw � _ma than six (6) hours during any twelve (12) hour period. (E) Waterskiing to or from a City. wharf or pier is prohibited. . (F) Fishing is permitted from City wharfs or piers except into designated and marked swimming areas. (G) Swimming is permitted from any park or park fadlity unless specifically prohibited -and .posted. __=_--_-_._ _ _-_____ __. (H) Swimming from City parks or fa- cilities shall be at the risk of the swimmer. No lifeguards shall be on duty. (I) Notwithstanding subsection (A) throur (H) above, it shall be unlawful tp fislri gr water ski at any time from City docks with fis rearingnet pens at- tached, pocks with fish rearing net pens at- tached shall be posted with signs at the entrance thereto with the 'regulations above set forth appearing thereon as follows: NO FISHING ALLOWED NO WATER SKIING ALLOWED Section 8-14-6(I) of the McCall City Code. Section 2. Effective date. This ordi- nance shall be in force and effect from and after its passage, approval, publi- cation and posting of the signs provided herein. Passed and approved this 8th day .of August, 1991. John J. Allen, Jr., Mayor Attest: Arthur Schmidt. City Clerk lt8/15 "