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Home My Public Portal AboutOrd. 691 - Criminal Code AmendmentsORDINANCE NO.691 AN ORDINANCE OF THE CITY OF McCALL, IDAHO, RELATING TO OBSTRUCTING THE PUBLIC; PROHIBITING USE IN THE CASE OF CONTROLLED SUBSTANCES; RECLASSIFYING TRESPASS; PROHIBITING "911 HANG-UPS"; ESTABLISHING AN OFFENSE OF OBSTRUCTING AND DELAYING AN OFFICER; AND PROVIDING AN EF1-ECTIVE DATE. BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF McCALL, IDAHO, AS FOLLOWS: Section 1. McCall City Code Section 5-5-020(F), part of the definition of disorderly conduct, is amended to read as follows: (F) Being ' , 'n a public place. or in a private place open to the public. or in any place exposed to public view, and conducting oneself, whether or not by conscious design, in such fashion as to interfere with, or obstruct the free use of any street, sidewalk, or other public way, or private place open to the public, or exposed to public view. Section 2. McCall City Code Section 5-3-220 is amended as follows further to define and prohibit having a controlled substance in ones system, so as to permit imposition of conditions of probation, for example, substance abuse counseling, when a person is found to have already consumed a controlled substance no longer in external possession: 5-3-220 PROHIBITED ACTS: Except as authorized by Idaho Code Title 37, Chapter 27, the Uniform Controlled Substances Act, it is unlawful: (B) For an person to possess. smoke. ingest. inject. or inhale a controlled substance or otherwise to have the substance in that person's digestive tract or bloodstream. unless prescribed lawfully for that person's use. Section 3. McCall City Code Section 5-5-430 respecting penalties for trespass is amended as follows to change certain acts of trespass from infractions to misdemeanors, in order to permit imposition of conditions of probation; for example, counseling when alcohol or patterns of domestic abuse are contributing factors in the commission of the offense: 5-5-430 PENALTIES: A violation of this Subchapter is-a„-intraetiek a misdemeanorrwit eae tte: e` Section 4. McCall City Code Section 5-5-510 (B) is amended as follows, and 5-5-510 (C) is added as follows further to define and prohibit "911 hang-ups," which impose demands of time upon the police, as each must be responded to as if to a dangerous situation: (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. in connection with the investigation of an age -related offense. that person's age or date of birth; or concernina the vehicle in the possession of that person; or for a IC) Unless. both. there in fact is an emergency and the below proscribed conduct is in fact procured by the pagr etrat2(s) of the emergency. which shall be an affirmative defense. it is a misdemeanor for a person to dial the emergency number 911 on a telephone. and then ORDINANCE NO.691 printed October 18,1995 as modified upon first reading by Council, October 12,1995 page 1 of 2 1. to hang up when the call is answered without speaking to the emergency operator or dispatcher answering the call: or 2. to furnish false information to the emergency operator or dispatcher answering the call: or 3, otherwise to engage in conduct indicating that the call was made as a joke. or for amusement. or for purposes of harassment. Section 5. McCall City Code Title 5, Chapter 5, is amended by adding the following new section 5-5-520 respecting obstructing and delaying an officer: 5-5-520: OBSTRUCTING AND DELAYING AN OFFICER. It is a misdemeanor for a person to resist. delay. or obstruct any City officer. police officer. fireman. or other emergency service personnel in the performance of the duty of the office: and a misdemeanor for a person to interfere with an officer's_good faith efforts to safeguard persons or property. Should such resistance. delay or obstruction take the form of pushing, shoving, struggling, fighting or other physical violence, such misdemeanor shall be punishable by the maximum fine permitted to cities under applicable law and by not Jess than three days in jail actually served. This offense is an offense against the City and the office. and shall be in addition to, and not in lieu of, anv charge of battery as to the person holding such office. 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 // % , 1995 ) WiL Dean Martens Mayor ORDINANCE NO. 691 page 2 of 2 printed October 18,1995 as modified upon first reading by Council, October 12,1995 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. 691 is a true and correct copy of an ordinance passed at a regular meeting of the Council of the City of McCall held on November 9, 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 16th day of November 1995. James H. Henderson, City Clerk IA)? 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. 691, 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 November 30, 1 • •5 and ended November 30, 1995. Subscribed and sworn before ' e 30th day of November, 1995. STATE OF IDAHO COUNTY OF VALLEY). On this 30th day of November, 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 are true, and acknowledged to me that she executed the same. Tom Grote Notary Public for Idaho Residing at McCall, Idaho Commission Expires: 1999 ORDINANCE NO. 691 AN ORDINANCE OF THE CITY OF i MCCALL, IDAHO, .RELATING TO OB- STRUCTING THE PUBLIC; PROHIBITING USE IN THE CASE OF CONTROLLED SUB- STANCES; RECLASSIFYING TRESPASS; PROHIBITING "911 HANG-UPS"; ESTAB- LISHINGANOFFENSEOFOBSTRUCTING ; AND DELAYING AN OFFICER; AND PRO- VIDING AN E1-1.ECTIVE DATE. BE IT ORDAINED BY THE MAYOR ' AND COUNCIL OF THE CITY OFMcCALL, ' IDAHO, AS FOLLOWS: Section 1. McCall City Code Section 5-5- 020(F), part of the definition of disorderly conduct, is amended to read as follows: I (F) Being i,,.,b, iat.,d o, uu.l.., tha i„flu of a w,d.ell. d substancc, in a public place, or , in a private place open to the public, or in any ; place exposed to public view, and conducting , oneself, whether or not by conscious design, in such fashion as to interfere with, or,obstruct the free use of any street, sidewalk, or other public way, or private place open to the public, or exposed to public view. Section 2. McCall City Code Section 5-3- 220 is amended as follows further to define and ' prohibit having a controlled substance in ones system, so as to permit imposition of condi- tions of probation, for example, substance abuse counseling, when a person is found' to have already consumed a controlled substance no , longer in external possession: 5-3-220 PROHIBITED ACTS: Except .as authorized by Idaho Code Title 37, Chapter 27, the Uniform Controlled Substances Act, it is unlawful: . (B) For an person to possess, smoke, ingest; , inject. or inhale a controlled substance or oth-1 erwise to .have the substance in that person's digestive tract or bloodstream, unless prescribed lawfully for that person's use, Section 3, McCall City Code Section 5-5- 430 respecting penalties for trespass is amended as follows to change certain acts of trespass from infractions to misdemeanors, in order to ' permit imposition of conditions of probation, for example, counseling when alcohol or pat- terns of domestic abuse are contributing factors in the commission of the offense: 5-5-430 PENALTIES: A violation of this , Subchapter is an ' flaw i �L; h ease th viwI dinar ray. b. eha,ged as a misdemeanor, .vithcacl;tc,,.v€prvperty-ciertr asc l GataLlial,i.,6 a- cpmatc offense; . Section 4. McCall City Code Section 5-5- 510 (B) is amended as follows, and 5-5-510 (C) is added as follows further to define and pro- liibit "911 hang-ups," which impose demands ! of time upon the police, as each must be re- sponded to as if to a dangerous situation: (B) It is a misdemeanor for a person to give a police officer false information concerning that person's identification; that person's driv- ers licensure; or. in connection with the investigation of an ge-related offense. that person's age or date of birth; or concerning the! vehicle in the possession of that person; or for j a person otherwise, to delay or obstruct an officer in' the performance of the officer's du- ties, u. fu, a p...awl utl.w vJi.,..lu;ut..,f ,.. with p..raou,s o, p,eyc,ty. (C) Unless, both, there in fact is an emer- gency and the below proscribed conduct is in fact procured by the perpetrator(s) of the emer- gency, which shall be an affirmative defense. it is a misdemeanor for a person to dial the emergency number 911 on a telephone, and then 1.. to hang up when the call is answered without'speaking to the emergency operator or dispatcher answering the call: or 2. to furnish false information to the emer- gency operator or dispatcher answering the call: or 3. otherwise to engage in conduct indicat- ing that the call was made as a' joke, or for; amusement. or for purposes of harassment I Section 5. McCall City Code Title 5, Chap- ter 5, is amended by adding the following new; section 5-5-520 respecting obstructing and de- laying an officer: - _ . - _ _ ._. _ _ _ . __ _ 5-5-520: OBSTRUCTING AND DELAY- ING AN OFFICER. It is a misdemeanor for a person to resist, delay, or obstruct any City officer, police officer, fireman, or other emer- gency service personnel in the performance of the duty of the office: and a misdemeanor for a person to interfere with an officer's good faith efforts to safeguard persons orproperty. Should such resistance, delay or obstruction take the form of pushing shoving struggling, fighting or other physical violence, such misdemeanor shall be punishable by the maximum fine per- mitted to cities under applicable law and by not less than three days in jail actually served. This offense is an offense against the City and the office, and shall be in addition to, and not in lieu of, any charge of battery as to the person holding such office, 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 November 9, 1995. _ ATTEST: James H. Henderson, City Clerk , Dean Martens, Mayor lt11/30