The URL can be used to link to this page

Home My Public Portal AboutOrd. 747 - Disturbing the PeaceORDINANCE NO. 747 CITY OF MCCALL, VALLEY COUNTY, IDAHO AN ORDINANCE OF THE CITY OF MCCALL, A MUNICIPAL CORPORATION OF THE STATE OF IDAHO, STATING A PURPOSE, AMENDING SECTION 5-5- 030(G), DISTURB THE PEACE; TITLE V, PUBLIC SAFETY; CHAPTER 5, OFFENSES AGAINST THE PUBLIC PEACE; SUBCHAPTER A; DISORDERLY CONDUCT AND PUBLIC PROPERTIES; PROVIDING SEVERABILITY; REPEALING CONFLICTING PROVISIONS; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City of McCall desires to allow events to occur that may provide a benefit to the community. NOW, THEREFORE, BE IT ORDAINED by the Mayor and City Council of the City of McCall, Valley County, Idaho as follows: Section 1: The purpose of this ordinance is: To allow events to occur that may provide a benefit to the community with the approval of the City Manager by amending section 5-5-030(G), of Title V, Public Safety; Chapter 5, Offenses Against The Public Peace; Subchapter A; Disorderly Conduct And Public Properties. Section 2: follows: Section 5-5-030(G) relating to disturbing the peace is amended to read as Disturb the Peace: To disturb the peace means: 1. Intentionally or negligently to disturb the peace and quiet of another or of any neighborhood or family or religious congregation or other assembly by loud noises or indecent behavior or by offensive and unbecoming conduct, to a degree annoying to a reasonable person, including but not limited to: (A) Cursing or swearing or uttering obscene or vulgar or indecent language in the presence of another; or (B) Loud playing of a radio, tape or disc player, or other functionally similar electronic device; or (C) Permitting a dog to be outdoors and barking. (D) With the approval of the City Manager, this section does not apply to events that may provide a benefit to the community. Page 1 of 2 June 28, 2001 Ordinance No.747 2. Operating heavy equipment or construction equipment, or power tools outdoors, except in case of emergency, after ten o'clock 10:00 p.m. and: (A) Before 6:00 a.m.; or (B) Before 7:30 a.m. in a neighborhood with inhabited dwellings within 200 feet of the construction site. (C) This section does not apply to operating heavy equipment or construction equipment, or power tools outdoors with the approval of the City Manager. Section 3: Appeal Procedure. An affected person(s) aggrieved by a decision by the City Manager may appeal such decision in writing to the Council within 60 days of notification of denial by the City Manager. Section 4: Severability. This ordinance is hereby declared to be severable. Should any provision of this ordinance be declared invalid by a court of competent jurisdiction, the remaining provisions shall continue in full force and effect and shall be read to carry out the purpose(s) of the ordinance before the declaration of partial invalidity. Section 5: Repeal of Conflicting Provisions: All provisions of the current McCall Municipal Code or ordinances of the City of McCall that conflict with the provisions of this ordinance are hereby repealed to the extent of such conflict. Section 6: Effective Date: This Ordinance shall take effect and be in full force upon its passage, approval and publication in one issue of a newspaper of general circulation in the City of McCall. o Approved and passed this ? / day of / Gt_e_ 2001. ATTEST: Cathleen A. Koch, Finance Director/City Clerk Allan Muller, Mayor Page 2 of 2 June 28, 2001 Ordinance No.747 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. 747 is a true and correct copy of an ordinance passed at a regular meeting of the Council of the City of McCall held on June 28, 2001 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 28th day of June 2001. Cathleen A. Koch, City Clerk .� rrLlei:+.-is4.'_,::4:Ia'ei422:r4Y'S;:i3ic$o!2fY.•`�Y.c;°.::b: .{v., r� i County 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 July 26, 2001 and ended July 26, 2001. Publisher's Affidavit of Publication STATE IDAHO .ss Subscribed and srn befor-' e this the 27th day of July, 2001. STATE OF IDAHO COUNTY OF VALLEY On this 27th day of July, in the year of 2001, 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. Tom Grote Notary Public for Idaho Residing at McCall, Idaho Commission Expires 2/8/06 O(j-eC CHAPTER • A; DISORDERLY CONDUCT 'player,:or, other.ftioctienallY similar4leetronic AND PUBLIC PROPERTIES; PROVIDING. • ',device; ors" • ".•SEVERABILITY;:REPEWNTG (C),Permittingy'aAtig ;kr be outdoorsand ING PROVISIONS;' AND PROVIDING AN EFFECTIVE DATE.• • :•,"•;•,&7's••• (D)WitirtheUPprOVUttiftliegi*Miha6r, •'',',"•WHEREAS'"theCiii.ed.MCCall desireiie this gettiotitloties.figit apPlro.eVeirtsiha(May • • allovtevents:to; e(terirthilt May;provide a ben- provide a benefit. te:the , • efit to the ,community; .2.' • ,•••••••". • •••.: . 2.9peratinkh4oy cquipment or.eonstrtre-: t- • NON, TI-IERE.FORE; BE ITORD.A.TNED :2tiiikequipifietit,depti#,OldigRhtded-ft.relitept'•. by theiMUYer•and.City Council of the City of " In case.Of ehiergekeyf'aft0;tert4ielc49::00 McCallValley County Idaho as follows • •p m and S'etit•nl:-TheprirpcseOfihrs ordinairde im • To allow events to occurthat May provide ' • • ••...::!'(F).:•.liefrire;7!3(irril ••' i benefit to the COnitiuriiiy With th'e apprOval of with inha,biteitiltejlirigi#.00091eril!„.tifIe • • thegity,.Managerlij!. emending • seCtiori',5-5•• • • 039(G), of Title' Vi Public Safety; Chapter' 5; : • ". (G).Thi$, petithinf. dr#:ireriPply.; to tiperat-• • Offeri§eiAgainit.The PubliePace;?•Shbehrip- •• •.:Inglieayyelilipmetitorcontitictierieitiqpinent; tr A; Disordcrly Conduct And public" or pciweitools dtitdtioit4iriLthe'aipproyalAif.- !•Y-PrOperties:": ••••••••.:-. " ....Seddon .2: • Section 5-5-030(G) retatifig.to cliithrbing,.! the peaee.is amendedir • read hs.. Ah'effeetedPer00(04ggriVecOoxlit'ile,ct7•.• • •‘•••••••- • , . • : :ioti!•bp tityi!M460016103p9Ali .••••••-",-4....Di§liirb.., the Peace:: TO disturb the peace ; • means: •• • , 'daysofnotification of grifir•bY!tlieti !• • interitibirally,:thr•negligentlY OD1NANE NO 747 the pace andqtriet of another or ofanj;,:ziOgp-:•••,: orditia'neeYi-hertb)declirredtIttilie • ',1*oiti07,. as se" [44ritfit bithif4ANC81100:-.. OF OfferrtiVeand unbeetiliuniedn-.:T .nance7.;,,bettleelarel4tnyaltdfbYte.tedurito,f ; • . • •-•-•-s- • - .• - - • • 'de Me' annoyingio'reita:sbnAbie competent•-jUiiiBicticinAhelremainin eCLLIAMNICif.W.4;LCMIPb RA__TIPN;'L • • g • • 2:, TY OVUM' STATE OF 'MANG; -SYATLIG' persdri;-:including;but .stons shailtiontinuernfull:foro.e,104p.ffectand ' ' • :" • - - - • "•;.- ':t‘..(AI•Cursing • or swearing or -Uttering ••616- `'• 'shall be 4tid!teCairy iiiitifierptirptise(O'Otite PU.RPOSEYAMENDINGgSECTION,•525.' ••• ' • '. • • • ' • • • ••••••-• -" - • '• ' ' • :" 'i,i0,1"-:•%:•sedno::iir.vulgar or, indecent: languegeim,the ordinatice.before•The declaration of partial r•:4r,u/3.°3-°(210,)'1I•St1:1"....orAT•TBRIHE''P•e'470'rrrlFFENSES .of,andtheri. or F.:t71Kql4tINSt THE PUBLIC playmg of a radio,. tape.oEfriso..1• •7--'•;.'-!..:71,5-.tet5Repe of Con • :Allpr yawns of,7the., J.; tiVL;(0 • i,;nanceare 7 7aLlt-3(22L1r12:_ - .1 ;I T-SP.1.11.141 $ - I U.4 "Li s 7.1"11Lus.t, •