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Home My Public Portal AboutOrd. 662 - Prohibiting the Use of Weapons Within City LimitsORDINANCE NO. 662 AN ORDINANCE OF THE CITY OF McCALL, IDAHO, RELATING TO THE USE OF WEAPONS WITHIN THE CITY LIMITS; PROHIBITING THE DISCHARGE OF ANY WEAPON BY FORCE OF COMBUSTION, OR EXPLOSIVE. GA AND/OR MECHANICAL MEANS, AND PROHIBITING THE USE OF CO1VIIOUND, RECURVE OR OTHER BOWS, EXCEPT UNDER SPECIFIED CIRCUMSTANCES; AND PROVIDING AN EFFECTIVE DATE. BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE Cfl`Y OF McCALL, IDAHO, AS FOLLOWS: Section 1. The Council finds that an infant has been severely injured within the City by a BB or pellet gun, and that another infant barely escaped such injury when a pellet fired at a bird penetrated a manufactured home and passed inches or less over his head while he was sleeping. The Council finds that persons have hunted within the City limits using a bow and arrow near inhabited areas and recreation facilities. Section 2. McCall City Code Title 5, Chapter 5, Subchapter G entitled "FIREARMS" is redesignated "WEAPONS." Section 3. McCall City Code Title 5, Chapter 5, Subchapter G is amended by adding the following new sections: 5-5-720: Air rifles, BB guns and pellet guns: It is unlawful fcr any person to discharge any weapon within the City from which a shut, .'B, pellet, projectile, or other object may be discharged by force of c otrtpressed air, gas, or mechanical means, or to leave any such weapon r, any location accessible to a minor while a projectile is in the location from which a projectile is discharged from such a weapon. 5-5-730: Compound bows, recurve hunting bows: It is unlawful for any person to discharge an arrow from a compound or recurve bow within the City. 5-5-740: Exceptions: A person may engage in conduct °thevise prohibited by this Chapter under the following circumstances: A. Hunter safety education. when at the time and pla.c e, being instructed by an instructor teaching the hunter safety educe ;.on course of the Department of Fish and Game for purposes of ht.nting licensure; or B. Target practice. when, having successfully passer. a hunter safety education course of the Department of Fish and :Jame for purposes of hunting licensure, using an air rifle, BB gun, or a bow, at a target with a backstop that in fact prevents proj ;tires from escaping from the target and backstop; provide', that a Police Officer or the Fire Chief may order that that co.tdu A cease when concluding that the conduct presents a public szhty hazard, and it shall be a violation of this Chapter to continue that: conduct after such order; or C. Approved facility for target practice. when at a face ty approved by the City Council on the favorable recommendat : 7t , of the Police Chief for use as a target range with the type of e31. on being used, and which facility is being used in accord with tf e• conditions, if any, placed on such approval; ORDINANCE NO.662 page 1 of 2 printed June 10,1994, as adopted June 9, 1994 Section 4. This Ordinance shall be in full force and effect from and aitei .ts passage, approval, and publication as required by law. Passed and approved June 9, 1994. ATTEST: Dean Martens Mayor City Clerk ORDINANCE NO.662 page 2 of 2 printed June 10,1994, as adopted June 9,1994 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. ll 2. That the attached Ordinance No. (� � ;',?, is a true and correct copy of an ordinance passed at a regular meeting of the Council of McCall City held on - u yc-ems % , 19 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 / 3"— day of cl �u sz_ 19214_. C Arthur J. Schmidt, City Clerk (Seal of the City) Publisher's Affidavit of Publication STATE OF IDAHO .SS County of Valley I, Ramona A. French, 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. 662, 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 June 23, 1994 and ended June 23, 1994. Subscribed and sworn before me this the 23rd day of June, 1994. STATE OF IDAHO COUNTY OF VALLEY • On this 23rd day of June, in the year of 1994, before me, a Notary Public, personally appeared Ramona A. French, 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.662 AN- ORDINANCE OF THE CITY OF McCALL, IDAHO, RELATING TO THE USE OF WEAPONS iWITHIN THE CITY LIM- ITS; PROHIBITING THE DISCHARGE OF ANY WEAPON BY FORCE OF COMBUS- TION, OR EXPLOSIVE, GAS AND/OR MECHANICAL MEANS. AND PROHIBIT- ING THE USE OF COMPOUND, RECURVE OR OTHER BOWS, EXCEPT UNDER SPECIFIED CIRCUMSTANCES; AND PRO- VIDING AN EFFECTIVE DATE. BE IT ORDAINED BY THE 'MAYOR AND COUNCIL OF THE CITY OF McCALL, IDAHO, AS FOLLOWS: Section 1. The Council finds that an infant has been severely injured within the City by a ' BB or pellet gun, and that another infant barely escaped such injury when a pellet fired at a bird penetrated a manufactured home and passed inches or less over his head while he was sleeping. The Council finds that persons have hunted within the City limits using a bow and arrow near inhabited areas and recreation fa- cilities. Section 2. McCall City Code Title 5, Chap- ter 5, Subchapter G entitled "FIREARMS" is redesignated "WEAPONS." Section 3. McCall City Code Title 5, Chap- ter 5, Subchapter G is amended by adding the following new sections: 5-5-720: Air rifles, BB guns and pellet guns: It is unlawful for any person to discharge any weapon within the City from which a shot, BB, pellet, projectile, or other object may be discharged by force of compressed air, gas, or mechanical means, or to leave any such weapon in any location accessible to a minor while a projectile is in the location from which a pro- jectile is discharged from such a weapon. 5-5-730: Compound bows, recurve hunting bows: It is unlawful for any person to discharge an arrow from a compound or recurve bow within the City. 5-5-740: Exceptions: A person may engage in conduct otherwise prohibited by this Chapter under the following circumstances: A. Hunter safety education. when at the time and place being instructed by an instructor teaching the hunter safety education course of the Department of Fish and Game for purposes of hunting licensure; or B. Target practice. wnen, having success- fully passed a hunter safety education course of the Department of Fish and Game for purposes of hunting licensure, using an air rifle, BB gun, or a bow, at a target with a backstop that in fact ' prevents projectiles from escaping from the target and backstop; provided, that a Police Officer or the Fire Chief may order that that couldn't cease when concluding that the con- duct presents a public safety hazard, and it shall be a violation of this Chapter to continue that I conduct after such order; or C. Approved facility for target practice. when at a facility approved by the City Council on the favorable recommendation of the Police Chief for use as a target range with the type of weapon being used, and which facility is being used in accord with the conditions, if. any, placed on such approval; 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 9,1994. Dean Martens, Mayor ATTEST: Arthur J. Schmidt, City Clerk lt6/7'i i