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HomeMy Public PortalAboutOrd. 740 - Fishing in Net PensORDINANCE NO. 740 AN ORDINANCE OF THE CITY OF MCCALL, VALLEY COUNTY, IDAHO, AMENDING THE MCCALL CITY CODE § 8-14-6(I) TO ALLOW FOR FISHING FROM CITY DOCKS WITH FISH REARING NET PENS ATTACHED FROM SEPTEMBER 20TH UNTIL MAY 10TH OF THE FOLLOWING YEAR, INCLUSIVE; AND ALLOWING FISHING IN CONJUNCTION WITH THE IDAHO FISH AND GAME DEPARTMENT OR OUTDOOR ORGANIZATION ON SELECTIVE TIME PERIODS UPON PRIOR NOTICE TO AND APPROVAL OF THE CITY CLERK; AND PROVIDING AN EFFECTIVE DATE WHEREAS, the City of McCall has an existing prohibition against fishing from City docks with fish rearing net pens attached; and WHEREAS, in certain circumstances, especially for the promotion of fishing and good fishing practices for youths, fishing should be allowed in such areas; and WHEREAS, allowing fishing in. such areas during designated times would promote fishing and good fishing practices NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND COUNCIL OF w THE CITY OF MCCALL, VALLEY COUNTY, IDAHO, as follows: Section 1: Section 8-14-6 of the McCall City Code, is hereby amended to read as follows: 8-14-6: WATER, AIRCRAFT, AND WATERCRAFT REGULATIONS: Fishing, boating and swimming are incompatible activities. McCall City parks are best suited to swimming activities; therefore: (A) When uses are contested, rights of swimmers shall be paramount and other uses shall yield to the needs for safety and preservation of swimming used. (B) No aircraft, amphibious craft or watercraft, motorized or otherwise, shall be beached or docked within a City park or at park facilities except that watercraft may be beached or docked at locations specifically designated and signed for such use. No aircraft shall be operated within, nor one hundred feet (100') or less above, the water safety zone waterward of a City park. No I Page 1 of 3 July 27, 2000 Ordinance No. 740 aircraft, amphibious craft, or watercraft may be moored to a City dock that is marked for use by specific agencies only. (C) No watercraft, motorized or otherwise, shall be permitted or operated at any time within the confines of a designated and marked swimming area. (D) Privately -owned noncommercial watercraft docking at a City wharf or pier or beached at a City park shall not be there longer than six (6) hours during any twelve (12) hour period, unless prior thereto the owner has obtained from the City and exhibits in a visible location on the watercraft a permit for such docking or beaching. Permits for overlong docking or beaching may be issued by the City Manager upon favorable recommendation of the Parks and Recreation Advisory Committee for special events and in the public interest. (E) Waterskiing to or from a City wharf or pier is prohibited. (F) Fishing is permitted from City wharves or piers ,except into designated and marked swimming areas. (G) Swimming is permitted from any park or park facility unless specifically prohibited and posted. (H) Swimming from City parks or facilities shall be at the risk of the swimmer. No lifeguards shall be on duty. (I) Notwithstanding subsections (A) through (H) of this Section, without thc prior cxprccc conccnt of thc City Council at times other than from September 20th until May 10th of the following year, inclusive, and on days requested by the Idaho Fish and Game Department or appropriate outdoor group with prior notice and approval of the City Clerk, it shall be unlawful to fish or waterski at any time from City docks with fish rearing net pens attached. Docks with fish rearing net pens attached shall be posted with signs at the entrance thereto with the Page 2 of 3 July 27, 2000 Ordinance No. 740 regulations above set forth appearing thereon as follows: NO FISHING ALLOWED FROM MAY LOTH TO SEPTEMBER 20TH NO WATER SKIING ALLOWED Section 8-14-6(I) of the McCall City Code. Section 2: Attached as Exhibit "A" to this Ordinance is a summary of the Ordinance for publication as provided in Section 50-901A, Idaho Code, along with a certification of city attorney. Section 3: This ordinance shall be published once in the official newspaper of the City, and shall take effect upon its passage, approval, and publication. DATED this U day of ATTEST: I City Clerk ,2000. CITY 0 McCall Valley County, Idaho /vvyr�- llan Muller, Mayor Page 3 of 3 July 27, 2000 Ordinance No. 740 _ 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. 740 is a true and correct copy of an ordinance passed at a special meeting of the Council of the City of McCall held on July 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 July 2000. Cathleen A. Koch, City Clerk Publisher's Affidavit of Publication STATE OF IDAHO .SS County of Valley r, 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 andentire 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 August 10, 2000 and ended August 10, 2000. Subscribed and siu,6rn before this the 11th day of August, 2000.., STATE OF IDAHO COUNTY OF VALLEY On this 11th day of August, 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. Qw`°�e p111 GI? 0 c o .( 4, a .y' 1 Due Gov otaa ;�j, �® ,e, B %0 T,n b , oIS v vrt & m 0 rs ��G� e 2 T. co'® UB LTG ® b e\ Ift,,, 517+ :.eoee e. .,l,' tl,'Y . . 4ttgemitts. Tom Grote Notary Public for Idaho Residing at McCall, Idaho Commission Expires 2/8/06 okyr ORDINANCE NO.740 AN ORDINANCE OF THE CITY OF MCCALL, VALLEY COUNTY, IDAHO, AMENDING THE MCCALL CITY CODE § 8-14-6(I) TO ALLOW FOR FISHING FROM CITY DOCKS WITH FISH REARING NET PENS ATTACHED FROM SEPTEMBER 20T" UNTIL MAY 10T" OF THE FOLLOW- ING YEAR, INCLUSIVE; AND ALLOWING FISHING IN CONJUNCTION WITH THE IDAHO FISH AND GAME DEPARTMENT OR OUTDOOR ORGANIZATION ON SE- LECTIVE TIME PERIODS UPON PRIOR NOTICE TO AND APPROVAL OF THE CITY CLERK; AND PROVIDING AN EF- FECTIVE DATE WHEREAS, the City of McCall has an existing prohibition against fishing from City docks with fish rearing net pens attached; and WHEREAS, in certain circumstances, es- pecially for the promotion of fishing and good fishing practices for youths, fishingshould be allowed in such —areas; and WHEREAS, allowing fishing in such areas ,during designated times would promote fish- �ng and good fishing practices NOW THEREFORE, BE IT ORDAINED %I' THE MAYOR AND COUNCIL OF THE — ,IT" OF MCCALL, VALLEY COUNTY, ' )AHO, as follows: CSection 1:' Section 8-14-6 of the McCall \o`I'de, is hereby amended to read as fol- '0DATER, AIRCRAFT, AND WA- ,.b\e c ULATIONS: paare l). Q)icCallvimming City parks a ecbest ' activities, therefore: are contested, rights of swimmers. shall be paramount and other uses shall yield to the needs for safety and preserva- tion of swimming used., (B) No aircraft, amphibious craft or water- craft, motorized or otherwise, shall be beached or docked within a City park or at park facilities except that watercraft may be beached or docked at locations specifically designated and signed for such use. No aircraft shall be operated within, nor one hundred feet (10.0') or less above, the .water -safety zone waterward of a City park. No aircraft, amphibious craft, or watercraft may be moored to a City dock that is marked for use. by specific agencies only. (C) No watercraft, motorized or otherwise, shall be permitted or operated at any time within the confines of a designated and marked swimming area. (D)-Privately=owned noncommercial wa- tercraft docking at a City 'Wharf or pier or beached at a City park shall not be there longer than six (6) hours during any twelve (12) hour period, unless prior thereto the owner has ob- tained from the City and exhibits in a visible location on the watercraft a permit for such docking or beaching. Permits for overlong docking or beaching may be issued by the City Manager upon favorable recommendation of the Parks and Recreation Advisory Committee for special events and in the public interest. (E) Waterskiing to or from a City wharf or pier is prohibited. (F) Fishing is permitted from City wharves . or piers except into designated and marked swimming areas. (G) Swimming is permitted from any park or park facility: unless specifically prohibited and posted. (H) Swimming from City parks or facilities shall be at the risk of the swimmer. No life- guards shall be on duty, (1) Notwithstanding subsections (A) through (H) of this Section, ,tLvut the p.,�, p, eensentvf th,, C;t." at times other than from September 20h until May 101 of the fol lowingyear, inclusive, and on days requested by the Idaho Fish and Game Department or appropriate outdoor group with prior notice and approval of the City Clerk, it shall be unlawful to fish or waterski at any time from City docks with fish rearing net pens attached. Docks with fish rearing net pens attached " shall be posted with signs at the entrance thereto with the regulations above set forth appearing thereon as follows: - NO FISHING ALLOWED FROM NAY — IOZ-I'O SEPTEMBER 20TH NO WATER SKIING ALLOWED Section 8-14-6(1)of the McCall City Code. Section 2: Attached as Exhibit "A" to this Ordinance is a summary of the Ordinance for publication as provided in Section 50-901A, Idaho Code, along with a certification of city attorney. Section 3: This ordinance shall be pub- lished once in the official newspaper of the City, and shall take effect upon its passage, approval, and publication. DATED this 10th day of Auguat,2000. CITY OF McCall Valley County, Idaho By Allan Muller, Mayor ATTEST: Cathleen Koch, City Clerk ltc8/ 10 .