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HomeMy Public PortalAboutOrd. 737 - Prohibiting the Deposit of Snow, Ice or Debris (avoid RofW Obstruction)ORDINANCE NO. 737 AN ORDINANCE OF THE CITY OF McCALL, VALLEY COUNTY, IDAHO, ENACTING A NEW SECTION OF TITLE VIII, CHAPTER 5, PROHIBITING THE DEPOSIT OF SNOW, ICE, OR DEBRIS WHICH CREATES AN OBSTRUCTION ON PUBLIC RIGHTS -OF -WAY; PROVIDING PENALTIES FOR VIOLATIONS; PROVIDING FOR PUBLICATION; AND PROVIDING AN EFFECTIVE DATE WHEREAS, in the interest of public safety the City of McCall (the City) must ensure that public rights -of -way throughout the City remain free of snow, ice or debris; NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF McCALL, Valley County, Idaho, as follows: Section 1: A new section of the McCall City Code shall be added as follows: 8-5-030 (A) SNOW, ICE, OR DEBRIS ON PUBLIC RIGHTS -OF -WAY PROHIBITED: It is unlawful for any person to deposit, or cause to be deposited, thrown upon or moved onto any public street, sidewalk, public right-of-way, thoroughfare, or other public property, any snow, ice, dirt, rocks or debris which has accumulated on private property and which creates an obstruction thereon. For purposes of this section —obstruction" shall mean any impediment to the passage of vehicles beyond that presented by the weather and road conditions without such impediment. (B) PENALTIES: Any person violating the section shall be fined, twenty-five (25) dollars; provided, further, that any person who violates this section for a second time in any twelve (12) month period shall be subject to the general penalty found in Section 1-3-1, McCall City Code. Section 2: This Ordinance shall be published once in the official newspaper of the City and shall take effect and be in force from and after its passage, approval, and publication. DATED this 27th day of January, 2000. CITY OF McCALL Valley County, Idaho By c Allan Muller Mayor Page 1 of 2 Ordinance No. 737 Adopted by Council January 27,2000 Cathleen Koch Acting City Clerk (SEAL). Page 2 of 2 Ordinance No. 737 Adopted by Council January 27,2000 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 statutory custodian of all laws, ordinances and resolutions of said City. 2. That the attached Ordinance No. 737 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 27, 2000 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 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 27th day of January 2000. Cathleen A. Koch, City Clerk Publisher's Affidavit of Publication STATE OF IDAHO .SS County of Valley I, Carol J. Wright, being duly sworn and say, I am the receptionist of The 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 afore said and is a legal newspaper; that the PUBLIC NOTICE, a copy of which is enclosed hereto and is a part hereof, was published in said newspaper once a week for a period of one 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 publica- tion of such notice began February 10, 2000 and ended February 10, 2000. Subscribed and srn before this the 11th day of February, 2000. STATE OF IDAHO COUNTY OF VALLEY On this 11 th day of February, in the year of 2000, before me, a Notary Public, personally appeared Carol J. Wright, 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. 0t°0�g8SIBeanij09®, 400°0 "S.', s. LI R 6 G Tom Grote Notary Public for Idaho Residing at McCall, Idaho ORDINANCE NO.737 AN ORDINANCE OF THE. CITY OF McCALL, VALLEY COUNTY, IDAHO, EN- ACTING A NEW SECTION OF TITLE VIII, CHAPTER 5, PROHIBITING THE OF SNOW, O ICE, R DEBRIS WHICH CORE- ATES AN OBSTRUCTION QN PUBLIC RIGHTS -OF -WAY; PROVIDING PENAL- TIES FOR VIOLATIONS; PROVIDING FOR PUBLICATION; AND PROVIDING AN EF- FECTIVE DATE WHEREAS, in the interest of public safety the City of McCall (the City) must ensure that ' public rights -of -way throughout the City re- main free of snow, ice or debris; NOW, THEREFORE, BE 1T ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF McCALL, Valley County, Idaho, as follows: Section : A new section of the McCall City Code shall be added as follows: 8.5-030 (A) SNOW, ICE, OR DEBRIS•ON PUB- LIC RIGHTS -OF -WAY PROHIBITED: It is unlawful for any person to deposit; or cause to be deposited, thrown upon or moved onto any public street, sidewalk, public right-of-way; thoroughfare, or other public property, any snow, ice, dirt, rocks or debris which has accu- mulated on private property and which creates an obstruction thereon. For purposes of this section "obstruction" shall mean any impedi- ment to the passage of vehicles beyond that presented by the weather and road conditions without such impediment. • (B). 'PENALTIES: Any person Violating the section shall be fined, twenty-five (25) dollars; provided, further, that any person who violates this sectidn for a second time in any twelve (12) month period shall be subject to the general penalty found in Section 1-3-1,McCall City Code. Section 2: This Ordinance shall be pub- lished once in the official newspaper of the City and shall take effect and be in force from and after its passage, approval, and publication. DATED this 27'h day of January, 2000. CITY OF McCALL . Valley County, Idaho By: Allan Muller . Mayor . -ATTEST: Cathleen Koch Acting City Clerk (SEAL) Itc2/10.