HomeMy Public PortalAboutOrd. 611 - Open ContainersORDINANCE NO. 611
AN ORDINANCE OF THE CITY OF MCCALL, IDAHO, RELATING TO OPEN
CONTAINERS OF ALCOHOLIC BEVERAGES, AND TO ALCOHOLIC
BEVERAGES IN PARKS, AND PROVIDING AN EFFECTIVE DATE.
BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF
MCCALL, IDAHO, AS FOLLOWS:
Section 1. The McCall City Code Section 5-5-103
relating to disorderly conduct is amended by adding thereto
at the end a new subsection (F) as follows:
(F) Open Container. Being in the possession of an open container of an alcoholic
beverage, except as provided in McCall City Code section 8-14-7(C);
and
1. in a motor vehicle, or
2. on a public street or alley or other public property, or
3. in or on private property open to the public, and in possession without
the permission of the owner, and not in or on premises for which a liquor
license for sale of that beverage by the drink has been issued, such as in
a parking lot;.
"Container of an alcohol beverage" includes without limitation a bottle or can
labeled as containing such a beverage, no matter what it in fact contains, and a
container containing such a beverage no matter how labeled. An "alcoholic
beverage is any liquid or solid containing ethyl alcohol or synthetic ethyl alcohol
in an amount of 3% or more by weight [6 proof); a manufacturer's label on the
bottle or can or on a package out of which such container came is conclusive
evidence of content..
Section 2. McCall City Code section 8-13-6 is
repealed.
Section 3. McCall City Code section 8-14-7 (C) is
amended to read:
(C) Possession, use and consumption of alcoholic beverages are prohibited at all
City parks and park facilities except under a permit for a private gathering issued
pursuant to Chapter 13. and except Fairway Park during adult athletic events.
Section 4. This Ordinance shall be in full force and
effect from and after its passage, approval and publication
as required by law.
Passed and approved June 025 , 1992.
Mayor
ATTEST:
City -Cl
ORDINANCE NO. 611, June 25, 1992
page 1
ti
CERTIFICATE OF RECORDING OFFICER
STATE OF IDAHO )
) ss
COUNTY OF VALLEY)
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. c // is a true and correct
copy of an ordinance passed at a regular meeting of the Council of
McCall City held on Q'c...i`a S , 19 ,,Z , 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 ..,26, day of
1912_.
(Seal of the City)
Arthur J. Schmidt, City Clerk
Publisher's Affidavit of Publication
STATE OF IDAHO
.SS
County of Valley
I, Bobette S. Steffler, 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 611, a copy of which is enclosed hereto and is a
part hereof, was published in said newspaper once a week for one consecu-
tive week 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 at -publication o1'such notice began July 2, 1992
and ended-d2, 1992
scribed and
STATE OF IDA
COUNTY OF VALLEY
me/this the 2nd day of July, 1992.
On this 2nd day of July, in the year of 1992, 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. j
Tom ote
Notary Public for Idaho
Residing at McCall, Idaho
Commission Expires: 1993
r---
ORDINANCE NO.611
AN ORDINANCE OF THE CITY OF
{ McCALL, IDAHO, RELATING TO
I OPEN CONTAINERS AND
PROVIDING AN EFFECTIVE DATE.
BE IT 'ORDAINED BY THE MAYOR
AND COUNCIL OF THE CITY OF
McCALL, IDAHO, AS FOLLOWS:
Section 1. The McCall City Code
i Section 5-5-103 relating to disorderly
conduct is amended by adding thereto at
the end a new subsection (F) as follows:
(F) Open Container. Being in the pos-
session of an open container of an alco-
holic beverage, except as provided in
' McCall City Code section 8-14-7(C); and
1..in a motor vehicle, or
2. on a public street or alley or other
or
r public3. in o n
P t private property open to
the public, and in possession without
the permission of the owner, and not in
or on premises for which a liquor license
y for that beverage by the drink has been
issued, such as in a parking lot;
"Container of an alcohol beverage"
includes without limitation a bottle or,
I can labeled as containing such a bever-
age, no matter what it in fact contains,
and a container containing such a bever-
age no matter how labeled. An
"alcoholic beverage" is any liquid or
lsolid containing ethyl alcohol or syn-
thetic ethyl alcohol in an amount of 3%
I or more by weight (6 proof); a manufac-
turer's label on the bottle or can or on a
package out of which such container
came is conclusive evidence of content.
I Section 2. McCall City Code section
r 8-13-6 is repealed.
Section 3. McCall City Code section
i 8-14-7 (C) is amended to read:
(C) Possession, use and consumption of
alcoholic beverages are prohibited at
all City parks and ark facilities ex-
cept under a permit for a private gath-
enng issued pursuant to Chapter 13, and
except Fairway Park during adult ath-
letic events.
Section 4. This Ordinance shall be in
jfull force and effect from and after its
passage, approval and publication as
G required by law.
Passed and approved June 25,1992.
L. A. Smith, Jr.
Mayor
I ATTEST:
I Arthur J. Schmidt
City Clerk 1t7/2