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 .