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HomeMy Public PortalAboutOrd. 800 - Air Compression Brakes Prohibition Within City LimitsORDINANCE NO. 800 AN ORDINANCE BY THE CITY OF MCCALL, IDAHO, AMENDING TITLE FIVE, CHAPTER SIX OF THE MCCALL CITY CODE, ADDING A NEW SUBCHAPTER E. AIR COMPRESSION BRAKES, PROHIBITING THE USE OF AIR COMPRESSION (OR JAKE) BRAKES WITHIN THE CITY LIMITS; PROVIDING PENALTIES; AND ESTABLISHING AN EFFECTIVE DATE. WHEREAS, the use of air compression brakes in the City of McCall presents a hazard to the welfare of the residents of the City; and, WHEREAS, several public entities in the State of Idaho have outlawed the use of such brakes; NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF MCCALL, Valley County, Idaho, as follows: Section 1: Title 5, Chapter 6 of the McCall City Code is hereby amended to add a new Subchapter E. Air Compression Brakes, as follows: SUBCHAPTER E. AIR COMPRESSION BRAKES 5-6-510 USE OF AIR COMPRESSION BRAKES PROHIBITED: The use of air compression brakes (also known as "j ake brakes") by vehicles or trucks, as defined in Idaho Code title 49, chapter 1, within the city limits of the City of McCall is hereby prohibited and shall be unlawful, except under emergency circumstances where the use of air compression brakes is necessary to prevent an accident or injury to persons or property. 5-6-520 PENALTIES: Any person who violates any provision of this Subchapter shall be deemed guilty of an infraction and upon judgment thereof shall be subject to the penalty set forth in Idaho Infraction Rule 9(b) (Other Infractions). Any person who violates this Subchapter for a second time within twelve (12) months of a previous violation shall be guilty of a misdemeanor, punishable by a fine not to exceed $300.00 (plus such costs as the court may assess), imprisonment for a period not more than six months, or both a fine and imprisonment. Section 2: This ordinance shall be published once in the official newspaper of the City, and shall take effect upon its passage, approval, and publication. ORDINANCE NUMBER 800 November 18, 2004 Page 1 of 2 DATED this le day of Nb,,,,Ar, 2004. CITY OF McCall Valley County, Idaho Bill Robertson, Council President ATTEST: 44. t• "CALL.' Visas•' Dan Irwin, City Clerk ORDINANCE NUMBER 800 November 18, 2004 Page 2 of 2 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. 800 is a true and correct copy of an ordinance passed at a regular meeting of the Council of the City of McCall held on November 18, 2004 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 as^°` day of Nc>„.., 1,„ 2004. Dan Irwin, 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 Val- ley, 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 publication of such notice began November 24 2004 and ended November 24, 2004. Subscribed ai this the 24th day of November, 2004. STATE OF IDAHO WIWO' worn be o+�Je me COUNTY OF VALLEY On this 24th day of November, in the year of 2004, before me, a No- tary 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 acknowl- edged to me that she executed the same. �eO�9®bi9a GAyI P144 �bm �0 �ii Q,,,, ®v oA �04° © o)e a°o.'re v oB�.� m m •°TAR e r i Ofrb • i!BO. .per 4� _ A s Tom Grote Notary Public for Idaho Residing at McCall, Idaho Commission Expires 2/8/06