HomeMy Public PortalAboutOrd. 710 - Amending City Code Respecting SnowmobilesORDINANCE NO.710
AN ORDINANCE OF THE CITY OF McCALL, IDAHO, AMENDING THE CITY
CODE RESPECTING SNOWMOBILES; AND PROVIDING AN E1-14ECTIVE DATE.
BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF McCALL,
IDAHO, AS FOLLOWS:
Section 1 The McCall City Code, Title 5, Public Safety, Chapter 6, Subchapter C.,
Snowmobiles, is amended in pertinent part as shown below to read as follows:
McCall City Code
Chapter 6
Vehicle and Boat Regulations
SUBCHAPTER C. SNOWMOBILES
SECTION:
5-6-310: Definition
5-6-320: Snowmobile Safety Education Program
5-6-330: Offenses by Persons Owning Snowmobiles,
5-6-340: Equipment
5-6-350: Regulations for Operation of Snowmobiles
5-6-360: Further Traffic Rules and Regulations
5-6-370: Penalties
5-6-310: DEFINITION: "
& ACV ef eyy'eeSZACAA s fa ea eas `1"d a P e&s < 1 .a r7 1
"Snowmobile" means any self-propelled vehicle under one thousand
f1,000) pounds unladened gross weight, designed primarily for travel on snow or
ice or over natural terrain, which may be steered by tracks, skis, or runners, and
which is not otherwise registered or licensed under the laws of the state of Idaho.
5-6-320:
(14) years shall drive or operate a snowmobile in the City.
SNOWMOBILE SAFETY EDUCATION PROGRAM
LAj The operation of a snowmobile on any public street or public land of the
City of McCall is a privilege made available to the user through an ordinance
of the City creating an exception to state law that would otherwise prohibit
any such use. All public lands and rights of way are closed to snowmobiles
except as otherwise expressly authorized in this subchapter.
ap No snowmobile may be operated on any public right of way or public land
of the City of McCall unless it bears two safety education decals issued by
or under the authority of the City pursuant to this section, one affixed to
each side of the engine cover or cowling of the snowmobile so as to be
visible to a person looking at each side of the snowmobile from a distance
of fifty feet. The issuance of a safety education decal is not intended as any
form of promise or guarantee as to the condition of the machine, and no
owner or operator shall rely on that issuance as evidence of anything other
than compliance with this section. No person shall be charged with a
Ordinance 710, by City Attorney based upon Council's adopted motion page 1 of 7
at second reading on December 31, 1996 and discussion January 9; printed January 16, 1997
violation of this paragraph prior to the certification by the Chief to the Clerk
that safety education decals are available. .
LC1 The form of the safety education decals shall be determined by the Chief of
Police annually, who shall cause such safety education decals to be
procured. The safety education decals shall be sequentially numbered in
pairs with numbers of a contrasting color. The form of application for
issuance of such safety education decals shall be determined by the Chief of
Police: the information required on such application shall include but need
not be limited to
1. the manufacture, model, and vehicle identification number of the
snowmobile to which the safety education decals are to be attached,
2. the name of the owner thereof,
3 . the numbers affixed to such snowmobile under state licensure by
Idaho or by the home state of the owner: and
4. a list of equipment which a snowmobile is required to have under
State of Idaho or Ciy of McCall law, or both, and a provision for the
owner to certify item by item that the snowmobile does comply with
the requirement.
(D) The Chief shall distribute such safety education decals to any person the
Chief may select for the purpose of issuance and affixing. Such persons
shall be persons who are recognized in the community as being in the
business of maintaining snowmobiles, or of otherwise demonstrated
competence to determine whether a snowmobile meets the equipment
requirements of this Chapter. Such selected persons are called "Authorized
Issuers" in the rest of this Chapter.
1. Upon receipt of an application for the issuance of the safety
education decals, the Authorized Issuer shall inspect the application
and has the right to make an inspection of the snowmobile with its
lights turned on and the motor running, to form an opinion whether
the application is complete and accurate as to information furnished
and as to its certification that the snowmobile is in compliance.
2. If the application is not complete, or if the Authorized Issuer
disbelieves or doubts that the snowmobile is in compliance, the
Authorized Issuer shall not issue the inspections decals until the
snowmobile is brought into condition such than the Authorized
Issuer no longer disbelieves or doubts as to compliance.
3 . If the application is complete and the Authorized Issuer does not
disbelieve or doubt that the snowmobile is in compliance, the
Authorized Issuer shall itself securely affix the decals to the
snowmobile as required by this Chapter, and endorse the application
with the letters on the safety education decals issued to that
snowmobile, and return the application to the Chief.
4. The obligation of the Authorized Issuer under this section is not
intended to be or create any guarantee of condition: the Authorized
Issuer's obligation is only not wilfully to issue safety education
decals to a snowmobile known by the Authorized Issuer not to be in
compliance.
fE) The Council shall fix the annual fee for the issuance of safety education
decals from time to time at a sum which in the Council's judgment will
recover the cost of the acquisition and distribution of brochures, pamphlets,
Ordinance 710, by City Attorney based upon Council's adopted motion page 2 of 7
at second reading on December 31, 1996 and discussion January 9; printed January 16, 1997
maps, and the like, and of the safety education decals, a reasonable
allowance for the cost of education and issuance by Authorized Issuers, and
a modest allowance for overhead.
kal The Chief shall maintain a log of the safety education decals delivered to each
Authorized Issuer. Authorized Issuers are required to remit to the City not less
often than twice each month the portion of the fees collected applicable to the
cost of the acquisition and distribution of the safety education decals, together
with the portion of the fees collected applicable to the modest allowance for
overhead. The Authorized Issuer may keep the portion of the fees collected
applicable to the reasonable allowance for the inspection and issuance. The
Authorized Issuer shall account monthly to the Chief for the number of safety
education decals distributed to it, the number issued and paid for, and the
number still held for possible future issuance.
th- . At the time of the issuance of the safety education decals, the Authorized
Issuer shall provide to the person possessing the snowmobile and, if
different, the person about to use such snowmobile, a copy of the Offenses
By Persons Owning Snowmobiles, the Regulations For Operation of
Snowmobiles, any other applicable regulations and Further Traffic Rules
and Regulations of the Chief applicable to the use of such snowmobile, and
also issue copies of brochures, pamphlets, maps, and the like which the
City and local trail authorties have made available for the eduction of
snowmobile users. The Authorized Issuer shall discuss these materials with
the person or persons toward the end that users of snowmobiles within the
City are aware of what they may do to comply with this Chapter.
(Ord. 710, 1-9-97; former section, which addressed age of operator, enacted by Ord. 272, 12-21-67,.
repealed Ord. 710)
5-6-330: OFFENSES BY PERSONS OWNING SNOWMOBILES: It shall be
unlawful for any person to knowingly permit, allow or encourage the operation or
driving of a snowmobile on a public road or on public property of the City of McCall:
(A) by a person under the age of fourteen (11) years who has no motor vehicle
operator's license, or who has no insurance as provided by Idaho Code 49-
1232, or who lacks both.
(B) N^ n. ,,mobile shall be o erate.l i., the Cityf ll y . McCab
unless such snowmobile hasbeennumbered by the owner in accord with
Idaho Code 67-7103 as provided by chapter 338 of the Idaho Session Laws
of 1969, and unless such snowmobile bears safety education decals as
provided in this Chapter.
(Ord. 347, 2-2-76, am Ord. 710, 1-9-97)
5-6-340: EQUIPMENT: No snowmobile shall be operated in the City, unless it
is equipped with the following:
(A) At least one and not more than two (2) headlamps sufficient to render clearly
discernible persons and vehicles at a distance of two hundred fifty feet
(250') ahead, and at least one and not more than two. (B) T tail lamps,
which when lighted shall emit a red light plainly visible at a distance of two
hundred fifty feet (250') to the rear, lighted between the hours of dusk and
dawn, or when upon or crossing any public roadway or highway, or when
otherwise required for the safety of others.
au A mast or antenna displaying a red or red -orange fluorescent flag or
pennant, a minimum of five (5) feet above the ground; such flag or pennant
shall be either rectangular or triangular with the leading edge attached to the
Ordinance 710, by City Attorney based upon Council's adopted motion page 3 of 7
at second reading on December 31, 1996 and discussion January 9; printed January 16, 1997
mast or antenna being a minimum of six (6) inches and the length a
minimum of twelve (12) inches.
(from Valley County Ordinance 1-85, repealed V. C. Ord. 3-85: Ord. 710, 1-9-97)
(C) At least one adequate braking device which may be operated by hand or
foot.
(D) An adequate muffler in good working order and in tom -constant operation to
prevent excessive or unusual noise and annoying smoke; and no person
shall use a muffler cut out, by-pass or similar device. (Ord. 494, 12-2-85, am
Ord. 710, 1-9-97)
5-6-350: REGULATIONS FOR OPERATION OF SNOWMOBILES:
(A) A11 snowmobiles within the City shall be at all times operated in accord with
the motor vehicle traffic laws, regulations, and rules of the state and of the
City except to the extent a more restrictive rule is provided below. The
setting out below of a rule which also applies to motor vehicles under
general state law is in addition to such state law, and shall not be held as any
statement that other state rules do not apply because not set out below.
(A)(B) It shall be unlawful to drive, operate or park a snowmobile on any
sidewalk, or on any trail improved for cross-country skiing or
snowshoeing, or on any area improved for ice skating, in the City.
(B)(C) It shall be unlawful to operate or park a snowmobile on any portion
of the premises known as the McCall Golf Course or in any City park,
unless and to the extent posted as open to such use. It is unlawful to drive a
snowmobile within the City other than for the purpose of leaving the City,
returning to the home or place of abode from outside the City, or going to a
place of fueling, maintenance, or repair. It is unlawful for any person to
park a snowmobile anywhere within the City other than at the home or place
of abode of the operator, at a source of fuel for the snowmobile, or at a
place of sale, maintenance or repair of snowmobiles.
(D) It shall be unlawful to operate a snowmobile in violation of any motor
vehicle traffic ordinance of the Ci t y of McGa»
It shall be unlawful for any person to operate or drive a snowmobile on
private property such use of which by such person has not been expressly
authorized by the owner of such property.
(E) No snowmobile shall carry passengers or weights in excess of the capacity
recommended by the manufacturer thereof.
(F) No sled, toboggan, trailer or any other device shall be towed by a
snowmobile except by means of rigid tow bar connecting the same to such
device.
(G) No person on skis shall be towed behind a snowmobile.
(H) Persons operating snowmobiles on the public roads are reminded that it is II
shall be unlawful to drive or operate a snowmobile while under the
influence of intoxicating liquor or while under the influence of a controlled
substance, all as provided in Idaho Code Title 18, Chapter 80.
(I) All snowmobiles shall be operated only in single file on the extreme right
hand side of the street, "street" for these purposes being defined as the area
between the snow plow berms or curbs. Snowmobiles shall not be operated
on the snow plow berm along the side of the road.
Operation of snowmobiles on the streets of the City shall be limited to
ingress and egress to and from the City; that City streets are not to be used
(J)
Ordinance 710, by City Attorney based upon Council's adopted motion " page 4 of 7
at second reading on December 31, 1996 and discussion January 9; printed January 16, 1997
as a place of recreation for snowmobiles. For example, snowmobiles shall
not be driven up and down a street or around and around a block.
Snowmobiles shall not be used in lieu of, nor as if in lieu of, an automobile
for ordinary transportation within the City.
(K) No snowmobile shall be operated within the City limits before eight o'clock
(8:00) A. M. nor after ten o'clock (10:00) P.M. except for the purpose of
going directly to or from the place of residence of the operator of such
snowmobile or to its place of storage.
No person shall operate a snowmobile carelessly and heedlessly, or without
due caution and circumspection and at a speed or in a manner as to endanger
or be likely to endanger any person or property in a negligent manner so as
to endanger the person or property of another, or to cause injury or damage
to either, or to harass, chase or annoy any wild game animals or birds or
domestic animals.
(Ord. 597, 12-30-91; am. Ord. 710, 1-9-97, from IC 67-7110)
No person shall operate a snowmobile on any public street or way in the
City of McCall unless the person has a valid motor vehicle operator's
licensee ar ^ rater er cha„ffe of ^ motor veh cle as provided in section
49-301, Idaho Code, and liability insurance as provided by Idaho Code 49-
1232.
(N) No person shall operate a snowmobile upon any public street or way in the
City of McCall except upon a public street (but not a state highway)
providing the most direct routeus follows:
1. Upon ., st,-eet o bli osted an.7 .,faked by the City a
vrVaa u Juvvl yr puvria.-vr'u
access route to provide ingress to and egress from the City.
(M)
2. Upon a street or public way providing the most direct route
to an access route from the point of origin of the operation of a
snowmobile. "Point of origin" is hereby defined as the from the
owner's or operator's actual place where the operation of such
snewmebile-eemmenees,- of residence or abode, or from a point
where the snowmobile was commercially fueled, maintained or
repaired immediately prior to the subject travel; or
2. to a commercial fueling point, or to a place of commercial
maintenance and repair, for purpose of immediate fueling,
maintenance or repair, from the owner's or operator's actual place of
residence or abode, or from an access point; or
3. to an access point, or to the operator's home or place of abode; from
a place of immediate past sale to the owner or immediate past rental
to the operator of the snowmobile; or
4. to the operator's home or place of abode from an access point.
"Access point" means one of the following five points on the City Limits:
Lick Creek Road, Warren Wagon Road, Boydstun Street, Mission Street,
or Samson Trail.
Except on a posted and marked access route, the operator of a
sn Ffieb:lo shall b,-: g the o mobile t^ .1 mplete stop at each
Jl 111V V11V J11G111 Vllllb 111V J11V V,f1r1V
and every street intersection whether or not such street intersection is
posted with a stop sign.
A-(0) No person shall operate a snowmobile at any speed in excess of twenty five
(25) miles per hour, nor at a rate of speed greater than reasonable and
Ordinance 710, by City Attorney based upon Council's adopted motion page 5 of 7
at second reading on December 31, 1996 and discussion January 9; printed January 16, 1997
prudent under the existing conditions at the time, whichever speed is the
slower. (Ord. 543, 4-20-89, am. Ord. 710, 1-9-97)
(0)(P) Operation of snowmobiles is authorized on Lardo Bridge, namely, that
portion of West Lake Street (State Highway 55) which crosses the North
Fork of the Payette River. While crossing, all operators shall otherwise
conform their conduct to all other regulations established by governing
ordinance and law including, but not limited to speed, time of operation,
licensing requirements, insurance requirements, and manner of operation.
Th:s Ordinance shall be i,, f„11 force and eff ct „pon „ „a b1 t
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f the Ce„tra Tomn 1 1 99 L,'
�-one-issue--the� � St�AT�v�-or�u�4���.�ac-hevems
comes last.
(Ord. 597, 12-30-91; amd. Ord. 619, 11-12-92, am. Ord. 710, 1-9-97)
5-6-360: FURTHER TRAFFIC RULES AND REGULATIONS: The Chief of Police
of the City shall have the power to promulgate traffic rules and regulations for the
operation of snowmobiles upon allstreets, alleys and public ways within the
corporate limits of the City as follows:
(A) Designate by proper signs highways and streets or parts thereof as feeder
access routes upon which snowmobiles may be operated to gain egress
from and ingress to the City of McCall.
(B) The Chief of Police of said City shall have the further power to pPromulgate
any other additional snowmobile traffic rules that may be advantageous and
desirable; provided, no such rules promulgated as herein stated by theme
Chief of Police shall become operative until unless a copy of such rules
is shall have been first filed with the Clerk, in writing, and shall have been
approved by the City Council at a regular or special session, and provided
also that suitable signs or standards or guides stating the substance of the
rule are placed upon conspicuous places in the highway, street or part
thereof affected. Such signs or standards or guides shall be of sufficient
size to be clearly visible by operators of snowmobiles.
LQ The Chief has the authority upon special occasions, for example parades or
races otherwise approved as necessary, to expand the permitted use of the
public streets or of the public lands of the City of McCall in accord with an
application for such use approved by the Chief. A copy of such approved
application shall be filed with the Clerk and be made available as an
information item to Council.
It shall be unlawful to violate any such regulations as above provided and any
person convicted of a violation thereof shall be punished as provided in Section 5-
6-370 of this Subchapter. (Ord. 543, 4-20-89; am. Ord. 710, 1-9-97)
5-6-370: ENFORCEMENT. EVIDENCE, PENALTIES:
(A) In the event that the Police determine that a citation should be issued for a
violation of this subchapter, the snowmobile in question may be impounded
by the Police Department and held for evidence of identity of the operator,
identity of the snowmobile, determination whether the snowmobile bears
safety education decals, and whether the decals were in fact issued to this
snowmobile and not another. The Department has no obligation to make
such determination other than during normal business hours of the
Department's administrative support personnel.
In the event that such a snowmobile does not bear safety education decals, it
may be impounded pending court action on any citations issued to the owner
Ordinance 710, by City Attorney based upon Council's adopted motion page 6 of 7
at second reading on December 31, 1996 and discussion January 9; printed January 16, 1997
and/or operator, as evidence of that lack of safety education decals, and shall
not in any event be released other than to the titled owner and after safety
education decals are in fact lawfully issued and affixed as provided in this
subchapter. No Authorized Issuer has any obligation to issue and affix safety
education decals other than during normal business hours and when
appropriate mechanics are available.
(C)) A Violation of this Subchapter (Section 5-6-310, et seq.) is an infraction;
except that if injury to a second person or his property results, a violation of
this Chapter is a misdemeanor. (Ord. 606, 5-14-92 _am. Ord. 710, 1-9-97)
Section 2. McCa11 City Code section 5-2-030 respecting parallel State and City
requirements is amended by adding the following sentence to read as follows:
5-2-030: CERTAIN MATTERS NOT A DEFENSE: It is no defense to a
prosecution under this Title that the defendant, by reason of the same conduct, also
committed an offense under the Idaho Code which is or might be an infraction, a
misdemeanor, or a felony under the Idaho Code; nor shall this Title be deemed a
defense to any such infraction, misdemeanor or felony charge. This Title shall not
be construed as purporting to set penalities for Idaho Code offenses. All offenses
under this Code are intended to be separate and apart from any offenses under the
Idaho Code, notwithstanding that a McCall City Code charge and an Idaho Code
charge may involve similar or the same conduct.
Section 3. This Ordinance shall be in full force and effect from and after its passage, approval
and publication as requi by law, or on February 1, 1997, whichever is the later date.
Passed and approved December 31, 1996.
William M. Killen,
Mayor
ST:
James H. Henderson,
City Clerk
Ordinance 710, by City Attorney based upon Council's adopted motion page 7 of 7
at second reading on December 31, 1996 and discussion January 9; printed January 16, 1997
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. 710 is a true and correct copy of an ordinance passed at a regular
meeting of the Council of the City of McCall held on January 16, 1997, 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 21 st day of January 1997.
James H. Henderson, City Clerk
Publisher's Affidavit of Publication
STATE OF IDAHO
.SS
County of Valley
I, Leslie S. Freyer, 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. 710, a copy of which is enclosed hereto and is a part hereof,
was published in said newspaper once a week for four successive weeks 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 supple-
ment; and that publication of such notice began January 23, 1997 and ended
January 23, 1997.
Subscribed oa'd sworn before a this the 24th day of January, 1997.
STATE OF IDAHO
COUNTY OF VALLEY},
On this 24th day of January, in the year of 1997, before me, a Notary
Public, personally appeared Leslie S. Freyer, 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. 710- -
AN ORDINANCE OF THE CITY OF
McCALL; IDAHO, AMENDING THE CITY
CODE RESPECTING.- SNOWMOBILES;
AND PROVIDING AN El rbCTIVE DATE.
BE IT ORDAINED BY . THE MAYOR
AND COUNCIL OF THE CITY OF McCALL,
IDAHO, AS FOLLOWS: .
Section 1 The McCall City Code, Title 5,
Public Safety, Chapter 6, Subchapter C., Snow-
mobiles, is amended in pertinent part as shown
'below to read as follows:
McCall City Code •
—
Chapter 6 __ '.— -
Vehicle and Boat Regulations
SUBCHAPTER C. SNOWMOBILES
SECTION:
5-6-310: Definition
Snow-
5-6-320: •
nobile Safety Education Program
5-6-330: Offenses -by Persons Owning
snowmobiles .
5-6-340: Equipment
• 5-6-350: Regulations for Operation of
snowmobiles '
5-6-360: Further Traffic Rules and Regula-
tions , -
' 5-6-370: Penalties
"s..inetrile-shallittb.+
5-6-310: DEFINITION: The tc=.,,
-an v y f- .at,elh,ddcviee
1.aw.. open s.,cvo er§..ems-ea.e.nd OM 1,
n as
al,,a,.d. xt real, i....l�d..� tt,v;�...I ,wn
a,,
"Snowmobile" means any self-propelled
vehicle under one thousand (1,000) • pounds
unladened gross weight. designed primarily for
travel' on .snow or ice or over natural terrain
which may be steered by tracks. skis, or run-
ners. and which is not otherwise registered or
licensed under the laws of the state of Idaho.
5-6-320:
fuu.t-cn (14)
1•1" p,.rs.,trnndar the ag., of y..a.s
SNOWMOBILE SAFETY EDUCATION
PROGRAM • .
(A) The operation of a snowmobile on any
public street or public land of the City of
McCall is a privilege made available to the user
through an ordinance of the City creating an
exception to state law that would otherwise
any such use. All public lands and
prohibit
rights of way are closed to snowmobiles except
as otherwise expressly authorized in this
;subchapter.
LB)snowmobile 'may be operated on
.No
any' right of way or public land of the
public
City of McCall unless it bears two safety edu-
__..__A,-..,i,;cell prihvnrundertheauthorityof
1 the City puisuant to this'section, one affixed to
each side of the engine cover or cowling of the
snowmobile so as to •be visible to a person
- looking at each side of the snowmobile from a
distance of fifty feet. The issuance of a•safety
, education decal is not intended as any form of
promise or guarantee as to the condition of the
machine, and no owner or operator shall rely on
that issuance as evidence of anything other than
l compliance with this section. No person shall
be charged with a violation of this paragraph
prior to the certification by the Chief to the
Clerk that safety education decals are avail-
able.
• (C) The form of the safety education decals
shall be determined by the Chief. of Police
annually,who shall cause such safety educa- •
i tion decals to be procured. The safety education
decals shall be sequentially numbered in pairs
with•numbers of a contrasting color. The form
of application for issuance of such safety edu-
cation decals shall be determined by the Chief
of Police: the information required on such
application shall include but need not be lim-
1 'ited to
1. the manufacture. model. and vehicle
identification number of the snowmobile to
which the safety education decals are to be
attached. -
2. the name of the owner thereof,
3. the numbers affixed to such snowmobile
under state licensure by Idaho or by the home
state of the owner: and
4. a list of equipment which a snowmobile
is required to have under State of Idaho or City
bf McCall law, or both, and a provision for the
owner to certify item by item that the snowmo-
bile does comply with the requirement.
(D) The Chief shall distribute such safety
educationdecals to any person the Chief may
select for the purpose of issuance and affixing.
•
Such persons shall be persons who are recog-
nized in the community as being in the business
of maintaining snowmobiles. or of otherwise
demonstrated competence to determine whether
a snowmobile meets the equipment require-
ments of this Chapter. Such selected persons
are called "Authorized Issuers" in the rest of
this Chapter:
I. Upon receipt of an application for the
issuance of the safety education decals. the
Authorized Issuer shall inspect the application
and has the right to make an inspection of the
snowmobile with its lights turned on and the
motor running, to form an opinion whether the
application is complete and accurate as to in-
formation furnished and as to its certification
'that the snowmobile is in compliance.
2 If the application is not complete, or if the
Authorized Issuer disbelievPv nr doubts that the snowmobile is in come the Autho-
rized Issuer shall not iss inspections
condition such thanthe Authorized Issuei no
longer disbelieves or doubts as to compliance.
If the application is complete and the
Authorized Issuer does not disbelieve or doubt
That the snowmobile is in compliance. the Au-
thorized Issuer shall itself securely affix the
decals to the snowmobile as required by this
Chapter, and endorse the application with' the
letters on the safety education decals issued to
that snowmobile,'and return the application to.
•the Chief.
4. The obligation of the Authorized Issuer
under this section is not intended to be or create
any guarantee of condition; the Authorized
Issuer's obligation is only not wilfully to issue
safety education decals to a snowmobile known
by the Authorized Issuer not to be in compli-
ance.
(E). The Council shall fix the annual fee for
the issuance of Safety education decals from
time to time at a sum which in the Council's
iudgment will recover the cost of the acquisi-
tion and distribution of brochures, pamphlets;
maps. and the like. and of the safety education
decals. a reasonable allowance for the cost of
education and issuance by Authorized Issuers,
and a modest allowance for overhead..'
(G) The Chief shall maintain a log of the
safety education decals delivered to each Au-
thorized Issuer. Authorized Issuers are required
to remit to the City not less often than twice
I each month the portion' of the fees collected
applicable to the cost of the acquisitionand
distribution of the safety education decals. to-
; gether with the portion of the fees collected
applicable to the modest allowance for over-
head.' The -Authorized Issuer may keep the
portion of the fees collected applicable to the
reasonable allowance for the inspection and
issuance. The Authorized Issuer shall account
monthly to the Chief for the number of safety
education decals distributed to it. the number
issued and paid for, and the number still held
for possible future issuance.
(H) At the time of the issuance of the safety
education decals. the Authorized Issuer shall
provide to the person possessing the snowmo-
bile and, if differentthe person about to use
such snowmobile, a copy of the Offenses By
, Persons Owning Snowmobiles, the Regula-
tions For Operation of Snowmobiles, any other
applicable regulations and Further Traffic Rules
and Regulations of the Chief applicable to the
, use of such snowmobile, and also issue copies
of 'brochures, pamphlets. maps, and the like
which the City and local trail authorities have
• made available for the education of snowmo-
bile users. The Authorized Issuer shall discuss
' these materials with the person or persons
toward the end that users of snowmobiles within
the City are aware of .what they may do to
comply with this Chapter.
(Ord. 710. 1-9-97: former section, which
addressed age of operator. enacted by Ord. 272,
12-21-67, repealed Ord. 710)
pl 5-6-330: OFFENSES BY 'PERSONS
OWNING SNOWMOBILES: It shall be un-
lawful for any person to knowingly permit,
allow or encourage the operation or driving of
a snowmobile4 n.h is road or on public
property of the Ci jcCall:
I (A) by a person-undcrtho agcof fon, ,,..,r
(14) year s who has no motor vehicle operator's -
license or who has no insurance as provided by
Idaho Code 49-1232. or who lacks both. •
(B)
• unless such
snowmobile has been numbered by the owner
in accord withIdaho Code 67-7103 asprevided.
I+969 and unless such snowmobile, bears safety
I education decals as provided- in this Chapter.
1 (Ord. 347, 2-2,76, am Ord, 710, 1-9-97)
I : 5-6-340; EQUIPMENT: No snowmobile.
I. shall be operated in the City, unless it isequipped
I with the following:
(A) At least one and not more than two (2)
headlamps sufficient to render clearly discern-
' ible persons and vehicles at a distance of two'
`t hundred fifty feet (250') ahead. and at least one I
• and not more than two-fB)'F tail lamps, which
I when lighted shall emit a red light plainly
+ visible at a distance of two hundred fifty feet
I (250') to the rear. lighted between the hours of
dusk and dawn. or when upon or crossing any
, public roadway or highway. or when otherwise
required for the safety of others..
(B). A mast or antenna displaying a red or
red -orange fluorescent flagor pennant, a mini-
mum of five (5) feet above the ground; such
flag or' pennant shall be either rectangular or
triangular with the leadingedge attached to the
, mast or antenna being a minimum of six (6)
inches and the length a minimum of twelve (12)
,' inces.. .
(from Valley County Ordinance 1-85, re-
I pealed V. C. Ord. 3-85: Ord. 710. 1-9-97) .'
{ .(C) At least, one adequate braking device
which' may be operated by hand or foot.
I (D) An adequate muffler in good working
order and in the -constant operation to prevent
excessive or unusual noise and annoying smoke;
Iand no person shall use a muffler cut out,
bypass or similar device. (Ord. 494, 12-2-85,
k
am Ord. 710. 1-9-97).
5-6-350: REGULATIONS FOR OPERA-
! TION OF SNOWMOBILES:
(A) All snowmobiles within the City shall
be at all times operated in accord with the motor
vehicle traffic laws. regulations, and rules of
the state and of the City except to the extent a
more restrictive rule is provided below. The
setting outbelow of a rule which also applies to
Motor vehicles under general state law is in
addition to such state law, and shall not be
as any statement that other state rules do not
apply because not set out below. ,
(*)(B) It shall be unlawful to drive, operate
or park a snowmobile on any sidewalk.. or on
any trail improved' for cross-country skiing or
snowshoeing. or on any area improved for ice
skating in the City. •
(B)( t It shall be unlawful to operate or,
park a snowmobile on any portion of the -pre;
raises kauar., as t6.. McCall Golf Course or in
any City park. unless and to the extent posted as`
open to such use. It is unlawful to drive a
snowmobile within the City other than for the
•purpose of leaving the City, returning to the
home or place of abode from outside the City;
or going to a place of fueling, maintenance, or
repair. It is unlawful for any_rerson to park a
snowmobile anywhere within the City other
than at the home or place of abode of the _
operator; ata-source offuerfoi•the snowmobile;
or at' a place of sale, maintenance or repair of
snowmobiles. .
(D
t, aff.,,
mebilc Ls violatie rafsapmetorvel,i..1,,
M,.Call.
tnli,.aun.e of th,. City of ,
It shall be unlawful for any person to oper-
ate or drive a snowmobile on private property
such use of which by such person has not been
expressly authorized by the owner of such
property.
,
(E) No snowmobile shall carry passengers
or weights in excess of the capacity recom-
mended by the manufacturer thereof.
, (F) No sled, toboggan, trailer or any -other
device shall be towed by a snowmobile except
by means of rigid tow bar connecting the same
WI such device."
• - (G) No person on skis shall be towed be-
' hind a snowmobile. • ,
(H) Persons operating snowmobiles on the
public roads are reminded that it is it -shall -be
unlawful to drive or operate a snowmobile
while under the influence of intoxicating liquor
or while under the influence of a controlled
substance, all as provided in Idaho Code Title
18, Chapter 80.
(I) A11 snowmobiles shall beoperated only
. in single file'on the extreme right hand side of
the street. "street" for these purposes being
defined as the area between the snow plow
berms or curbs. Snowmobiles shall not be op-
erated on the snow plow berm along the side of
the road.
(J)
to and f.em th.. City , that City streets are not to
be used as a place of recreation for snowmo-,
biles. For example, snowmobiles shall not be
driven up and down a street or around and
around a block Snowmobiles shall not be used
to lteu of, nor as if in lieu of. an automobile for
ordinary transportation within the City.
(K) No snowmobile shall be operated within
the City limits before eight o'clock (8:00) A.
.M. nor after ten o'clock (10:00) P.M.
7.c,.pt fo,
Inv o, t. ,ta per.
(L) No person shall operate a snowmobile
reamer asterettelattgerorbelikely-to-endanger
any y,.rson o. property in a negligent manner so
as to endanger the person or property of an-
other, or to cause injury or damage to either or
to harass, chase or annoy any wild game ani-
mals or birds or domestic animals.
r • 1. TT pan a at,c,.t e, publi,, way-poat,,1 null}
Itua,lu.1 by tl,.. City as an aces, a reaG.
vile i„gn.aa to ant. g,wa f,,, ti,a. City. '
t„oat du, ct rut,[., to an access
j point - - - a s„owme-
Ifrom the owner's or operator's actual place -
where tic .,p
of residence or abode, or from a point
where the snowmobile was commercially fu-
eled, maintained or repaired immediately prior
to the subject travel; or
1 to a commercial fueling point or to a
place of commercial maintenance and repair,
for purpose of immediate fueling, maintenance
or repair. from the owner's or operator' s.actual,
place of residence or abode, or from an access
point; or ,
3. to an access point, or to the operator's
home or place of abode; from a place of imme-
diate past sale to the owner or immediate past
rental to the operator of the snowmobile: or •
, 4. to the operator's home or place of abode
from an access point. '
"Access point" means one of the following
five points •on the City Limits: Lick Creek
Road, Warren Wagon Road, Boydstun Street
I
Mission Street. or Samson Trail: . ,
3= a, I; on a peat, d au1 ...a.1,c1
I ..
(Ord .'597,12-30.91; am. .Ord. 710,1-9-97,
from IC 67-7110)
(M) No person shall operate a snowmobile
on any public street-er-wag in the City of
McCall unless the person has a valid motor
vehicle operator's licensr..aa a,, up,,ato, ,.
t,llay ff u, of a .,iota,, v,.hi..l., as provided in
section 49-301, Idaho Code. and liability insur-
ance as provided by Idaho Code 49-1232.
1 (N) No person shall operate a snowmobile
I upon any public street-er- vay in the City of
McCall except upon a public street (but not a
state hi providing the most direct route
l; 47(0) No person shall operate a:siiowmo
',bile at any speed in excess of twenty five (25)
I miles per hour nor at a rate of speed greater
than reasonable and prudent under the existing
(conditions at the time, whichever speed is the
Islower. (Ord. 543, 4-20-89. am. Ord. 710, 1-9-
91)
(-9)(P) Operation of snowmobiles is autho-
rized on.Lardo Bridge, namely, that portion of '
West Lake Street (State Highway 55) which
crosses the North Fork of the Payette River.
While crossing, all operators shall otherwise
conform their conduct to all other regulations
established by governing ordinance and law
including, but not limited to speed, time of
operation, licensing requirements, insurance'
,'requirements and manner of operation.
It,ffct upo., paaaag,, au1 publieatio.. iu
(Ord.597,12-30-91;and..Qrd.619,11-12-
92 am.Ord.710 1-927)
• 5-6-360: FURTHER TRAFFIC RULES
AND REGULATIONS: The Chief of Policeof
+the £-ity shall have the power to promulgate
traffic rules and regulations for the operation of
I snowmobiles upon streets, alleys and public
ways within the corporate limits of the City as
follows: • .
(A) Designate by proper signs highways
and streets or parts thereof as feeder
routes upon which snowmobiles may be oper-
ated to gain egress from and ingress to the City
1of Mccall.___------ --_ ._
11
_- —(B)_ —e_ - _ _
ill
Promulgate any
other'additional snowmobile traffic rules that
may be advantageous and desirable; provided,
1 no such rules promulgated ..s h,..,,in slat,,,l by
1 the -said Chief ofPolice shall becomeoperative.
until u..l..bb a copy of such -said rules is shall
hay,, b.,, " S.4 filed with the Clerk, in writing,
and shall have been approved by the City
Council at a regular or special session; and
provided also that suitable signs or standards or
guides stating the substance of the rule are
placed upon conspicuous places in the high--,
way, street or part thereof affected. Such signs ;
or standards or guides shall be of sufficient size
to be clearly visible by operators of snowmo-
1 biles.
1 (C) The Chief has theauthority upon spe-
I cial occasions, for example parades or races
otherwise approved as necessary, to expand the
I permitted use of the public streets or of the
public lands of the City of McCall in accord ;
with an application for such use approved by
the ChiekA copy of such approved application
shall be filed with the Clerk and be made
available as an information item to Council.
It shall be unlawful to violate any such
d regulations as above provided and any person
convicted of a violation thereof shall be pun-
ished,as provided in Section 5-6-370 of this
Subchapter. (Ord. 543, 4-20-89: am. Ord. 710
1-9-97) " .
5-6-370: ENFORCEMENT, EVIDENCE
PENALTIES:
(A) In the event that the Police determine
that a citation should be issued fora violation of
this subchapter, the snowmobile in question
may be impounded by the Police Department
and held for evidence of identity of the, opera-
tor, identity of the snowmobile, determination
whether the snowmobile bears safety educa-
tion decals, and whether the decals were in fact
issued to this snowmobile and not another. The
Department has no obligation to make such
determination other than during normal busi-
ness hours of the Department's administrative
support personnel.
L% in the event that such a snowmobile
does not bear safety education decals, it maybe
impounded pending court action on any cita-
tions issued to the owner and/or operator, as
evidence of that lack of safety education de-
cals, and shall not in any event be released other
than to the titled owner and after safety educa-
tion decals are in fact lawfully issued and
affixed as provided in this subchapter. No Au-
1 thorized Issuer has any obligation to issue and
N affix safety education decals other than during
1 normal business hours and when appropriate
mechanics are available.
f nA Violation of this Subchapter (Section
' 5-6-310, et seq.) is an infraction; except that if
injury to a second person or his property re-
sults, a violation of this Chapter is a
misdemeanor. (Ord. 606, 5-14-92• am. Ord
710 1- 97)
Section 2. McCall City Code section 5-2-
030 respecting parallel State and City
requirements is amended by adding the follow-
ing sentence to read as follows:
5-2-030: CERTAIN MATTERS NOT A
DEFENSE: It is no defense to a prosecution
under this Title that the defendant; by reason of
the same conduct, also committed an offense
under the Idaho Code which is or might be an
infraction, a misdemeanor, or a felony under
the Idaho Code; nor shall this Title be deemed '
•a defense to any such infraction misdemeanor
or felony charge. This Title shall not be con-
strued.as u ortin to set enalties for Idaho
Code offenses. All offenses under this Code are
f intended to be separate and apart from an
• offenses under the Idaho Codenotwithstand-
I me that a Mr('all Crtv Code charge and an
Idaho Code char a ma involve similar or the
same conduct.
Section 3. This Ordinance shall be in full
force and effect from and `after its passage,
approval and publication as required by law, or
on February 1, 1997, whichever is the later
date.
Passed and approved December 31, 1996.
f • William M. Killen, Mayor
" ATTEST: James H. Henderson, City Clerk.
L lt1/23 __ --