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HomeMy Public PortalAboutOrd. 646 - Prohibiting Barbed /Razor /Electric FencesORDINANCE NO. 646 AN ORDINANCE OF THE CITY OF McCALL, IDAHO, RELATING TO BARBED AND RAZOR WIRE FENCES OR FENCE PARTS; DECLARING SUCH FENCES A NUISANCE WITHIN THE MEANING OF CHAPTER 5 OF TITLE 5, PUBLIC SAFETY; 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 Section 5-5-310 is amended by adding a new subsection (H) as follows, thus as an addtion to the definition of nuisance: (H) A fence that includes razor wire; or a fence that is made of or includes barbed wire, or a fence that is electrified, except 1. a fence around pasture regularly used for the grazing of animals, or 2. when so provided in the terms of approval of a conditional use issued under Title 3 or 3A of the McCall City Code. Section 2. This Ordinance shall be in full force and effect from and after its passage, approval and publication as required by law. Passed and approved July 28, 1993. Lance A. Smith, Jr. Mayor AT"PEST: Arthur. J /. chmidt, City Cl rk ORDINANCE NO.646, passed July 28, 1993 page 1 of 1 printed July 29, 1993 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. lg 5/6 is a true and correct copy of an ordinance passed at a regular meeting of the Council of McCall City held on � 1 Z,� , 19q , 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 awl affixed the offic'al seal of the City of McCall, Idaho, this cg AT day of ,� te14, 19 Arthur J. S midt, City Clerk (Seal of the City) Publisher's Affidavit of Publication STATE OF IDAHO 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 ORDINACE NO. 646, 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 August 5, 1993 an ended August 5, 1993. MCI Subscribed and sworn before me is the 1 h day of August, 1993. STATE OF IDAHO COUNTY OF VALLEY 1 }.sS On this 12th day of August, in the year of 1993, 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. Tom Grote Notary Public for Idaho Residing at McCall, Idaho Commission Expires: 1999 ORDINANCE NO. 646 I AN ORDINANCE .OF THE .CITY OF McCALL, IDAHO, RELATING TO BARBED AND RAZOR WIRE FENCES OR FENCE PARTS; DECLARING SUCH FENCES A NUISANCE WITHIN THE MEANING OF CHAPTER OF 'TITLE 5, PUBLIC SAFETY; AND PROVIDING AN EFFECTIVE DATE. BE IT ORDAINED BY THE MAYOR I AND COUNCIL OF THE CITY OFMcCALL, IDAHO, AS FOLLOWS: Section 1. McCall City Code Section.5-5- 1310 is amended by adding anew subsection (H) ias follows, thus.as an addition to the definition of nuisance: (H) A fence that includes razor wire; or a fence that is made of orincludes barbed wire, or a fence that is electrified, except 1•. a fence around pasture regularly used for the grazing of animals, or 2. when so provided in the terms. of ap- proval of a conditional use issued , . under Title 3 or 3A of the McCall City Code. Section 2. This Ordinance shall be in full ' force and effect from and after its passage, ;, approval and publication as required by law. Passed and,approved July 28, 1993. • Laurence A. Smith, Jr., Mayor • ATTEST: Arthur J. Schmidt, City Clerk 1t8/5