HomeMy Public PortalAboutOrd. 613 - Technical Corrections to InfractionsORDINANCE NO. 613
AN ORDINANCE OF THE CITY OF McCALL, IDAHO, RELATING TO
TECHNICAL CORRECTIONS OF THE ORDINANCES RESPECTING
INFRACTIONS AND THE INFRACTION PENALTY SCHEDULE; DEFINING A
COMMERCIAL UNIT OF TOBACCO OR ALCOHOL; RESPECTING
OBSTRUCTING AN OFFICER; RESPECTING UNLAWFUL POSSESSION OR
CONSUMPTION OF ALCOHOL OR TOBACCO; PROHIBITING DISTURBING
THE PEACE; PROHIBITING FIGHTING; AND PROVIDING AN EFFECTIVE
DATE.
BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF
McCALL, IDAHO, AS FOLLOWS:
Section 1. McCall City Code 5-6-220(F) is repealed.
Title 5 of the McCall City Code is amended by adding to it
the following new section:
5-2-050 INFRACTIONS. The Mayor and Council may prescribe by resolution the
fixed amount penalties for infractions under this Title. City infraction citations may be
upon either the uniform state form, or upon standard forms prepared by the City for
parking, water vehicle, and other ordinance violations. In the event of nonpayment of an
infraction ticket or citation, on whatever form, the citation or a complaint may be filed in
the magistrate division of the district court. In such event the penalty set by resolution
shall be enhanced by the sum of $75.00 for costs of prosecution.
Section 2. McCall City Code 5-6-030 is amended to read
as follows:
5-6-030 PENALTIES. A violation of section 5-6-010 is:
(A) An infraction if there is no resulting injury to a person or to a
second person's property and if the defendant had not been
consuming or using alcohol or a controlled substance at a time
proximate to the event.
(B) In all cases not described in (A), a misdemeanor.
Section 3. McCall City Code 5-3-310 (C) is amended to
read as follows:
(C) Violation of this section is a misdemeanor, and subject to a
civil penalty as provided in Section 5-2-020(C). A "commercial
unit" for such purposes is a pack of cigarettes, a pouch or can
of tobacco, a six-pack of beer or wine cooler, a bottle or can of
other alcoholic beverage, or other like usually individually
purchasable amount.
Section 4. McCall City Code 5-5-510 is amended by
designating the matter now appearing there as subsection (A)
and by adding a subsection (B) to read as follows:
(B) It is a misdemeanor for a person to give a police officer false information
concerning that person's identification, that person's drivers licensure, or the
vehicle in the possession of that person; or for a person otherwise to delay or
obstruct an officer in the performance of the officer's duties; or for a person
otherwise to interfere with an officer's good faith efforts to safeguard persons or
property.
ORDINANCE NO. 613, August 27, 1992 page 1
Section 5. McCall City Code, Title 5, Chapter 3 is
amended by adding to it a new section as follows:
5-5-320 UNLAWFUL POSSESSION OR CONSUMPTION. It is unlawful for a person
under 21 years of age to be in the possession of or to consume an alcoholic beverage or
tobacco, except
(A) possession while making a delivery of beer or tobacco to a customer of the
employer of the person, or
(B) possession for delivery pursuant to direction of a parent or guardian; or
(C) possession or consumption of beer or wine in a private residence accompanied
by the person's parent or guardian and with that parent or guardian's consent, or
(D) possession or consumption when prescribed by a licensed practitioner of the
healing or mental health counseling arts, and the person has a copy of such
prescription in the person's possession.
Section 6. McCall City Code Section 5-5-130 relating
to disorderly conduct and prohibitions is amended by adding
thereto at the end a new subsection (G) as follows:
(G) Disturb the Peace. To disturb the peace means:
1. intentionally or negligently to disturb the peace and quiet of another or of
any neighborhood or family or religious congregation or other assembly
by loud noises or indecent behavior or by offensive and unbecoming
conduct, to a degree annoying to a reasonable person, including but not
limited to:
(a) cursing or swearing or uttering obscene or vulgar or indecent
language in the presence of another; or
(b) loud playing of a radio, tape or disc player, or other functionally
similar electronic device; or
(c) permitting a dog to be outdoors and barking.
2. operating heavy equipment or construction equipment, or power tools
outdoors, except in case of emergency, after 10 PM and:
(a) before 6:00 AM; or
(b) before 7:30 AM in a neighborhood with inhabited dwellings within
200 feet of the construction site.
Section 6. McCall City Code, Title 5, Chapter 3,
Section 5-3-010, entitled "Definitions" is amended by adding
to it the following definition:
(D) "Fight" means a disagreement, argument, or quarrel involving physical struggle,
battle, or combat, differentiated by this section from "battery" by circumstances of
mutual intent to engage in the fight, including without limitation one person's
inviting another to 'step outside' or otherwise to fight as a response to
disagreement, dispute, or grievance, real or imagined, or as a means of
communicating an attitude or belief. The fact that surrounding circumstances
constitute a "fight" does not preclude a City or State charge of "assault" or
"battery" if a participant employs a knife, firearm, or other weapon in a fight, or if.
a participant continues to inflict conduct upon an unresisting participant.
ORDINANCE NO. 613, August 27, 1992 page 2
and McCall City Code, Title 5, Chapter 3, Section 5-3-020,
entitled "Prohibited Acts" is amended to read:
5-3-020 PROHIBITED ACTS. Violence being contrary to the public peace and
contrary to public policy, it is unlawful for any person
al to commit assault or battery with respect to any other person.
(B) to engage in a fight.
Section 7. This Ordinance shall be in full force and
effect from and after its passage, approval, and publication
as required by law.
Passed and approved August 27, 1992.
Mayor
ORDINANCE NO. 613, August 27, 1992 page 3
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. 6/3 is a true and correct
copy of an ordinance passed at a regular meeting of the Council of
McCall City held on 47‘,5-/- 627 , 199z, 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 �'=� day of
AuC vs r , 19yZ.
Arthur J 'chmidt, 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 613, 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 that publication of such notice began September 3,
19• ' and ended Septem• =r 3, 1992.
S b cribed and sworn before
STATE OF IDAHO
COUNTY OF VALLEY
day of September, 1992.
On this 3rd day of September, in the year of 1992, 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
acknowledged to me that she executed the same.
e
Tom Grote
Notary Public for Idaho
Residing at McCall, Idaho
Commission Expires: 1993
t not limited toy
ORDINANCE�N0.613 or can of tobacco, a six pack of bs � ormdecent
uch including bu
purposes is a pack of cigarettes, a beer
_ beer or (a) cursing or swearing .o�uguttaeg �g
AN ORDINANCE OF THE CITY OF wine cooler, a bottle or can of other obscene or far or
ELATING TO alcoholic beverage, or other like the presence
playing of another; a radio, tape or
McCALL, IDAHO, R usually individually purchasable disc playei o other functionally
NS OF THE
INFRACTIONS AND TH
FRACTION PENALTY SCHEDULE,
RESPECTING OBSTRUCTING AN
TECHNICAL CORRECTIO amount ode 5 5-510 similar electronic device; or
ORDINANCES RESPECTIN E ' is amended by designatt gC the matter (c) permitting a dog to be outdoors
now appearing there as subsection (A) and barking.
IN and by adding a subsection (B) to read as 2. operating heavy equipment or
DEFINING A COMMERCIAL UNIT OF construction equipment, or power tools
TOBACCO .OR ALCOHOL; follows: outdoors, except in case of emergency,
(B) It is a misdemeanor for a person after 10 PM and: .
OFFICER;. RESPECTING UNLAWFUL to give a police officer false information (a) before 6:00 AM; or
POSSESSION OR CONSUMPTION OF concerning that persona identification,, (b) before 7 30 AM in a neighborhood
ALCOHOL OR TOBACCO; that pperson's drivers licensure, or the with inhabited dwellings within 200
PROHIBITING DISTURBING THE vehicle'in the possession of that person; feet of the construction site.
PEACE; PROHIBITING FIGHTING; or fora person otherwise to delay or Section 6. McCall City Code, Title 5;
AND PROVIDING AN EFFECTIVE obstruct an officer in the performance of Chapter 3, Section 5-3-010, entitled
DATE. the officer's' duties; or for a person Definitions" is amended by adding to it
BE IT ORDAINED BY THE MAYOR otherwise to interfere with an officer's the following definition:
AND COUNCIL OF THE CITY OF good faith efforts to safeguard persons (fo ^Fight" means a disagreement,
McCALL, IDAHO, AS FOLLOWS: or property. argument, or quarrel involvingg pphysical
Sectisg 1. McCall City Code 5-6- Section 5. McCall City Code, Title 5, s�ugpje, battle, or combat, differenti-
_____, a T;tip .� of the ['F,anrer 3 is amended by adding to it a ated by this section from "battery" by
circumstances of mutual intent to engage
in. the fight, including without limita-
tion one person's inviting another to
'step outside' or otherwise to fight as a
response to disagreement, dispute, or
grievance, real or imagined, or as a
means of communicating an. attitude or
belief. The fact that surrounding
circumstances constitute a "fight" does
(B) possession o not preclude a •City or State charge of
to direction of a parent or guar an; or "assault" or "battery if a participant
(C) possession or consumption of beer employs a knife, firearm, or other
or wine in a private residence weapon m a fight, or if. a participant
accompanied by the person's parent or continues to inflict conduct upon an
guardian and with that parent or unresisting partidpannt. Title 5, Chapter
guardian's consent, or • and McCall City C
ode,(D) possession or consumption when 3, Section 5-3-020, entitled "Prohibited
prescribed by a licensed practitioner of Acts" is amended to read:
the healing or mental health counseling , 5-3-020 PROHIBITED ACTS.
arts, and the person has a copy of such piolence bein eace and contrary tyubl c noli vubt is
lic
prescription in the n s possession.
Section 6. M ll City Code Section unl(aAwful C m yipaz �t or battery with
5-5-130 relating to disorderly conduct
and prohibitions is amended by adding respect to to enn a of e a fir lit
thereto at the end a new subsection (G) I3 tion ifs Or 'nt. shall be in
as follows: effect from and after
(G) Disturb the Peace. To disturb the pals ge, ap r oval, and publication!)* \� i\
peace means: p
1. intentionally or negligently to required by law. �'`'' Y_;�•' ` •
disturb the peace and quiet of another or Passed and a proved August 27, 092.
f ny neighborhood or family or L. A. Smith, Jr.
re gious congre -
by loud noises or indecent behavior or by A EST:
offensive and unbecoming conduct, to a Arthur J. Schmidt
Cit .Clerk lt9/3
LLU(CJ 15 re ems... -
McCall City a is amended by adding new section as follows:
to it the followm new; section: 5-5-320 UNLAWFUL POSSESSION
5-2-050 INFRACTIONS. The Mayor OR CONSUMPTION. It is unlawful for
V and Council may prescribe by resolution a person under 21 years of age to be in
the fixed amount penalties for the possession of or to consume an
infractions under this Title. City alcoholic beverage or tobacco, except
infraction citations may be upon either (A) possession while making a
the uniform state form, or upon standard delivery of beer or tobacco to a customer
forms prepared by the City for parking, of the employer of the person, or
water vehicle, and other ordinance f r delivery pursuant
violations. In the event of nonpayment. di
of an infraction ticket or citation, on
`whatever form, the citation °r a
complaint may be filed in the
magistrate division of the district court.
In such event the penalty set by
resolution shall• be enhanced by the sum
of $75.00 for costs of prosecution.
Section 2. McCall City Code 5-6-030
is amended to read as follows:
5-6-030 PENALTIES. A'violation of
section 5-6-010 is:
(A) An infraction if there is no
resulting injury to a person orto a second
person's property and if the defendant
had not been consun or using alcohol
-- a controlled substance at a time
oximate to the event.
(B) In all'cases not described in (A), a
misdemeanor.
Section 3, McCall City Code 5-3-310
(C) is amended to read as follows:
(C) Violation of this section is a
misdemeanor, and subject to
enalty as provided in Section 5-2- _
°mo. A "commercial unit" for such_ _ . degree annoying to a reasonable person, y
o a i ,(
li ' gation or other assembly Mayor
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