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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 _....., ..,�.......................... �.. �..... �..�..............ii.......,.t.., . ruiiu.b� uiau Yavziruczvzr 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 __ --