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Home My Public Portal AboutOrd. 680 - Alcoholic Beverages in City ParksORDINANCE NO. 680 AN ORDINANCE OF THE CITY OF McCALL, IDAHO, AUTHORIZING THE POSSESSION OF ALCOHOLIC BEVERAGES IN CITY PARKS UPON CERTAIN CONDITIONS; AND PROVIDING AN EFFECTIVE DATE. BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF McCALL, IDAHO, AS FOLLOWS: Section 1. Section 5-5-030 (F) of the McCall City Code relating to open containers of alcoholic beverages is amended to read: 5-5-030: PROHIBITIONS: It is unlawful to: (F) Open Container. Be in possession of an open container of an alcoholic beverage, except as provided in McCall City Code Sections 4-2-11, 8-13-1 et seq.. or 8-14- $ 8 14 7(C), and Section 2. Section 8-13-2 of the McCall City Code relating to and defining Private Gatherings in parks is amended to read: 8-13-2: PRIVATE GATHERING DEFINED: A Private gathering as used in this Chapter shall have the same meaning as set out in Section 5-5-010 of this Code parties, class and family reu-Riess, seFvice club functions, church/fraternal Section 3. Section 8-14-7(C) of the McCall City Code relating to alcohol in parks is repealed, Section 8-14-8 of the McCall City Code entitled "Penalties" is redesignated as Section 8-14-9, and the McCall City Code is amended by adding the following new Section 8-14-8 relating to alcohol in the City parks: 8-14-8: ALCOHOL IN CITY PARKS: Possession, use and consumption of alcoholic beverages, and of open containers, as both those terms are defined in Title 5 of this Code, at City parks and park facilities are governed by the following rules: (Al All such beverages are prohibited at all parks when closed. (B) Beer and wine are permitted in parks during open hours, provided that possession of kegs, pony kegs. and party balls is prohibited without a prior approved parks reservation issued under Section 8-14-7 (B) after consultation with the Police Chief. (C) Other alcoholic beverages shall be permitted only with a prior approved parks reservation issued under Section 8-14-7 (B) after consultation with the Police Chief. (D1 Nothing herein shall be construed to authorize possession of alcohol by a person not yet 21 years of age. Section 4. Section 8-14-4 relating to Prohibited Uses in Parks is amended by adding the following new paragraph: (I1 Other Prohibited Activities in Parks and Park Facilities: 7. Behaving in a loud and boisterous manner. In the event that a police officer determines that a person or group of_persons in a park is behaving in a loud and boisterous manner which would be annoying to other persons or deter other persons from entering or remaining in the park, the officer may request such person or group of persons to leave the park and not return: a failure of such person or persons to honor that request and to leave the park shall constitute disorderly conduct under MCC 5-5-030 (A). No person who has been so convicted of disorderly ORDINANCE NO.680 page 1 of 2 adopted at June 29,1995 meeting during early AM June 30th portion of meeting; printed July 3,1995 conduct may within oneyear thereafter apply for a park reservation under paragraph (Bl or (C) of this Section. Section 5. 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 30, 1995. Dean Martens Mayor ATTEST: ames H. Henderson, City Clerk eo ORDINANCE NO.680 page 2 of 2 adopted at June 29,1995 meeting during early AM June 30th portion of meeting; printed July 3,1995 City of McCall Certificate of Recording Officer State of Idaho ) County of Valley ) I, the undersigned, the duly appointed, qualified, City Clerk of the City of McCall, 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 the City of McCall, Idaho, and that I am the statutory custodian of all laws, ordinances and resolutions of said City. 2. That the attached Ordinance No. 680 is a true and correct copy of an ordinance passed at a regular meeting of the Council of the City of McCall held on June 29, 1995, 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 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 6th day of July 1995, James H. Henderson, City Clerk 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. 680, 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 in a supplement; and that publication of such notice began July 13, 1995 and -nded July 13, 1995. Subs ribed and sworn STATE OF IDAHO COUNTY OF VALL,,Y ore me 'R;s he 13th day of July, 1995. On this 13th day of July, in the year of 1995, 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 nd acknowl- edged to me that she executed the sa Tom Grote Notary Public for Idaho Residing at McCall, Idaho Commission Expires: 1999 }ORDINANCE NO.680 j AN ORDINANCE OF THE CITY OF j McCALL, IDAHO, AUTHORIZING THE POSSESSION OF ALCOHOLIC BEVER- AGES IN CITY PARKS UPON CERTAIN CONDITIONS; AND PROVIDING AN EF- i FECTIVE;DATE. i BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF McCALL, IDAHO, AS FOLLOWS: Section 1. Section 5-5-030 (F) of the McCall City Code relating to open containers of alco- holic beverages is amended to read: 5-5-030: PROHIBITIONS: It is unlawful to: (F) Open Container. Be in possession of an open container of an alcoholic beverage, ex- cept as provided in McCall City Code Sections ' 4-2-11,8-13-1etseq.,or8-14-88-14-7(C),and ' Section 2. Section 8-13-2 of the McCall City Code relating to and defining Private Gatherings in parks is amended to read: 8-13-2: PRIVATE GATHERING DE FINED: A Private gathering as used in this Chapter shall have the same meaning as set out in Section 5-5-010 of this Co& 61,,fm,.1 ao a t„ vvl.;, 1. in v;tatllms-atCTegtrired-and fite w,:ens, s,,re;e,, Jab fi,,,et;v„a,,huladf.at.,,,lai pien;e�, tierrs Section3. Section 8-14-7(C) of the McCall City Code relating to alcohol in parks is re- pealed, Section 8-14-8 of the McCall City Code entitled "Penalties" is redesignated as Section 8-14-9, and the McCall City Code is amended by adding the following new Section 8-14-8 relating to alcohol in the City parks: 8-14-8: ALCOHOL IN CITY PARKS: Possession, use and consumption of alcoholic beverages, and of open containers, as both j those terms are'defined in Title 5 of this Code, 1 at City parks and park facilities are governed by the following rules: (A) All such beverages are prohibited at all I parks when closed. (B) Beer and, wine are''permitted in other parks during open hours, provided that posses- sion of kegs, pony kegs, and party balls is prohibited without a prior approved parks res- ervation issued under Section 8-14-7 (B) after consultation with the Police Chief. (C) Other alcoholic beverages shall be permitted only with a prior approved parks reservation issued under Section 8-14-7 .(B) after consultation with the Police Chief. (D) Nothing herein shall be construed to authorize possession of alcohol by a person not yet 21 years of age. Section 4. Section 8-14-4 relating to Pro- hibited Uses in Parks is amended by adding the following new paragraph: (I) Other Prohibited Activities in Parks and Park Facilities: 7. Behaving in a loud and boisterous man- ner. In the event that a police officer determines that a person or group of persons in a park is behaving in a loud and boisterous manner which would be annoying to other persons or deter other persons from entering or remaining in the park, the officer may request such person or group of persons to leave the park and not return: a failure of such person or persons to honor that request and to leave the park shall constitute disorderly conduct under MCC 5-5- 030 (A). No person who has been so convicted of disorderly conduct may within one year thereafter app y for a park reservation under paragraph (B) or (C) of this Section, Section 5. 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 30, 1995. Dean Martens, Mayor ATTEST: James H. Henderson, City Clerk lt7/13