HomeMy Public PortalAboutOrd. 591 - Supporting Docsfi
ORDINANCE NO.
AN ORDINANCE\RELATING TO CITY PARK AND PARK FACILITIES;
AMENDING CHAPTk 14 OF TITLE VI OF THE VILLAGE CODE OF
McCALL, IDAHO, B THE ADDITI+ OF A NEW SECTION 8-14-7A
OF THE VILLAGE CO OF Mc +L, IDAHO, TO MAKE IT UNLAWFUL
TO FISH OR WATER SK FR• CITY DOCKS WITH FISH REARING NET
PENS ATTACHED, TO PRO ODE THAT CITY DOCKS WITH FISH REARING
NET PENS ATTACHED L E OPEN TO THE PUBLIC ONLY DURING
SPECIFIED HOURS, • PROVIr THAT APPROPRIATE SIGNS CITING
THE REGULATION CONCERNING r - r« KS SHALL BE POSTED AT THE
ENTRANCE TO S, H DOCKS AND TO PROVIDE AN EFFECTIVE DATE.
BE IT «RDAINED, BY THE MAYOR AND COUNCIL OF THE CITY
OF McCALL, IDAHO, AS FOLLOWS:
Section 1. Tha
of McCall, Idaho, be,
addition thereto of a
Section 8-14-7A of
as follows:
Chapte 4 of Titl - V
■ he same is here
" SECTION to be k
e Vie age Code of cCall,
III of
e Village Code
nd ed by the
nd designated as
ho, and to read
7A: DOCKS WITH FI*H RE �PENS-REGULATIONS-SIGNING:
o
A LAR, s1'a,.--� , /funs 4 if
t49 Et shall be unlawful to fish or water ski at any
time from city docks with fish rearing net pens attached.
(B
open
_ m.
s at = hed shall be
- s from ,
(C) Docks with fish rearing net pens attached shall be
posted with signs at the entrance thereto with the regu-
lations above set forth appearing thereon as follows:
NO FISHING ALLOWED
NO WATER SKIING ALLOWED
—OPEN TOPUBLIC
A.n. to Fir
DAILY _-�
der Czir� CeS C� cD°"'
Section 2. Effective date. This ordinance shall be in force
and effect from and after .its passage, approval, publication and
posting of the sign provided herein.
g /`1' 760J,z
Passed and approved this day of July, 1991.
Mayor
Attest:
City Clerk
8-14-1
CHAPTER14
CITY PARKS AND PARK FACILITIES
SECTION:
8-14-1: Definitions
8-14-2: Liability of the City
8-14-3: Preservation of Public Property
8-14-4: Prohibited Uses
8-14-5: Noise
8-14-8: Water and Watercraft Regulations
8-14-7: Paris Operating Rules
8-14-8: Penalties
8-14-2
Ca
8-14-1: DEFINITIONS: As used in this Ordinance, the terms defined in this
Section shall have the following meaning, unless the context clearly
indicates another meaning:
FACILITIES:
PARKS:
Any and all restrooms, appurtenant structures, buildings,
utility service pipes, poles, or lines, playground
equipment, paved areas for vehicle or pedestrian travel
or parking, monuments, statuary, bridges, tables,
benches, fences, fireplaces or pits, permanent signs and
boundary markers, landscaping materials, trees,
shrubbery, and flowers.
Any and all land owned, leased, controlled or
maintained by the City of McCall for public recreational
purposes, including beaches, docks, wharves, piers, and
open land and water.
8-14-2: LIABILITY OF THE CITY: The City of McCall is not responsible for
damage to, or theft of personal property of park and park facilities users
within the boundaries of City parks or park facilities. All areas and facilities within the
parks and beaches boundaries are used at the users own risk. Swimming, park and
playground areas are active sites involving a variety of physical activities that may be
physically demanding or potentially dangerous to users. The City assumes no
responsibility or liability for such use or uses.
689
1
I
8-14-3 8-14-4
8-14-3: PRESERVATIONS OF PUBLIC PROPERTY: The following acts are
hereby declared to be unlawful:
(A) Destruction of Public Property: Destruction, injury, defacement, removal or
disturbance of any park or park facility is prohibited.
(B) Littering Prohibited:
1. It is unlawful for any person to dispose of, throw away, or leave any empty
container or other litter on any public park, grounds, or beaches within the City;
provided, however, that such empty container or other litter may be deposited
in receptacles provided especially for that purpose.
2. No person shall scatter or throw, distribute or affix upon any public park or
beach or public property or on utility pole or standard or in or on any vehicle
while parked on such public property, any handbill, poster, advertisement flyer,
litter or paper. The provisions of this Section do not interfere or prevent the
posting of notices required by law to be posted.
(C) Digging: Digging holes in grassed areas, parking areas or landscaped areas is
prohibited.
(D) Disposal of Household Garbage in Publically Provided Containers Prohibited:
Disposing of household garbage or refuse in containers located .in public parks
is prohibited.
(E) Fires: The use of fires is hereby restricted to fire pits, grills and other fixtures
designed for such use. All fires must be kept under control and must be
extinguished before leaving the park or beach. All parks and beaches may be
closed by the City Fire Chief to open fires. Open fires on sand beaches are
prohibited.
8-14-4: PROHIBITED USES: Common activities such as picnicking, swimming,
walking, and game playing are encouraged in the McCall City parlcs.
The following uses are prohibited:
(A) Use of Fireworks: No person shall discharge, fire, use or possess fireworks of
any kind within or over the boundaries of the park and beach area, except as
authorized under a special use permit issued by the McCall City Council
pursuant to Section 5-3-2 of the City Code of McCall, Idaho.
Motorized Vehicles: No snowmobile, motorcycle, scooter, automobile, truck, golf
cart, or similar recreational motor vehicle shall operate in City Parks except on
designated roadways, properly marked and signed for traffic uses, or in park
parking areas. Motorized vehicles shall not be operated on walkways, sidewalks
or bicycle paths between April 15 and November 30 of each year.
(B)
689
This action does not prohibit the official use of motorized vehicles or machines
by City employees anywhere within the parks or beaches.
91'
ti-
8-14 4 8-1-'.-5
t1�
(C) Pets and Animals:
1. Domestic Animals: Domestic animals are not allowed within the boundaries
of City parks or park facilities except for animals trained to assist and assisting
a person with a physical disability.
2. Wildlife: Molesting, injuring, killing or disturbing any wild creature or animal is
strictly prohibited. This does not prohibit game fishing as regulated by Idaho
Fish and Game regulations.
(D) Overnight Parking and Camping: Overnight parking and camping at the parks
and beaches is prohibited. Police are authorized to cite, arrest, or remove from
premises any violators of this provision.
(E) Political and Sectarian Uses: Persons or groups attempting to persuade,
convert, cajole, or engage in activities common to political campaigns who
solicit the public or interfere with the public's quiet enjoyment of parks and
facilities is prohibited.
(F) Commercial Uses: No person, firm, corporation, association, or other
organization shall operate any concession, business, or enterprise, or offer for
sale any article or thing or item within City parks or facilities except as
authorized by a special use permit issued by the McCall City Council.
(G) Firearms: No person shall discharge firearms or any other projectile firing
device within or over the boundaries of City parks.
(H) Dangerous Games: No person shall take_ part in or abet the playing of any
games involving thrown or otherwise propelled dangerous objects such as
stones, arrows or javelins, except in areas set apart for such forms of
recreation. Gotfing or driving golf balls is prohibited.
(I) Other Prohibited Activities in Parks and Park Facilities:
1. Begging or soliciting for any purpose.
2. Gambling or operating games of chance or gaming devices.
3. Abandoning property.
4. Posting handbills, circulars, posters, or signs advertising any thing or event.
5. Promoting any thing or event by carrying a sign, distributing brochures,
leaflets, pamphlets and the like.
8-14-5: NOISE: Production of noise by human voice, live, recorded, transcribed
or transmitted music, exhaust systems of motor vehicles, operation of
machinery or equipment in excess of sixty two (62) decibels measured at a distance of
twenty feet (20') within any park or park facility is prohibited.
1189
s
8-14-6 8-14-7
8-14-6: WATER AND WATERCRAFT REGULATIONS: Fishing, boating and
swimming are incompatible activities. McCall City parks are best suited
to swimming activities, therefor:
(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 specifically 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 period.
(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 posted.
(H) Swimming from City parks or facilities shall be at the risk of the swimmer. No
lifeguards shall be on duty.
8-14-7: PARK OPERATING HOURS:
(A) Hours of Operation:
1. Rotary Park and Community Park shall be open twenty four (24) hours per
day.
2. Mill Park, Art Roberts Park and City -owned lakeshore property between such
parks shall close at twelve o'clock (12:00) midnight and shall open at six o'clock
(6:00) A.M. daily.
3. Davis Beach and Fairway Park shall close at ten thirty o'clock (10:30) P.M.
and open at 6:00 o'clock (6:00) A.M. daily.
(B) Park Reservations and Closures:
1. Reservations: Special prior reservations for exclusive day use of a certain
portion of any City park may be made with the City Clerk who shall provide
forms for such applications. The City may from time to time adopt regulations
conceming fees, types of events, procedures, and additional rules for such uses
as may be necessary or desirable.
689
8-14-7 8-14-8
Gtb
B) 2. Closed Areas: Any section or part of any park may be declared closed to the
public by the City Council or its duly authorized representative at any time and
for any interval of time, either temporarily or at regularly and stated intervals
(daily or otherwise) and either closed entirely or closed to specifically defined
uses as the City Council or its duly authorized representative shall find
reasonably necessary.
(C) Possession, use and consumption of alcoholic beverages are prohibited upon
all City parks and park facilities.
8-14-8: PENALTIES: Any person who violates any provision of this Chapter
shall be guilty of a misdemeanor and upon conviction thereof shall be
punished by a fine not to exceed three hundred dollars ($300.00) or by imprisonment in
the County jail not to exceed six (6) months, or by both such fine and imprisonment.
The above penalty shall not prevent the City from filing a civil claim against a violator
to recover for damages to parks and park facilities.
No fees, deposits, or charges paid by any user shall be refunded if such user is
convicted of a violation of any provision of this Chapter. (Ord. 548, 5-11-89)
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