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Home My Public Portal AboutOrd. 138 - Prevention of Fires in the Village of McCall ORDINANCE NO. 138 AN ORDINANCE FOE THE PREVENTION OF FIRES IN THE VILLAGE OF McCALL; PRESCRIBING INNER FIRE LIIrITS WITHIN WHICH NO BUILDING SHALL BE BROUGHT , ROVED, BUILT , ERECTED OR CONSTRUCTED, EXCEPT OF STONE, BRICK, SLATE, OR OTHER INCOMBUSTIBLE MATERIAL WITH FIREPROOF ROOF; PROVIDING TILT NO PERSON SHALL HAVE, USE, OR MAINTAIN ANY STOVE PIPE PASSING THROUGH A WALL, DOOR, WINAM, FLOOR, CEILING OR ROOF OF ANY BUILDING WITHIN THE SAID INNER FIRE LIMIT+S; PRESCRIBE ING OUTER FIRE LIMITS; MAKING IT UNLATiFUL TO ERECT OR MOVE ANY BUILDING INTO TEE FIRE LIMITS, EITHER INNER OR OUTER, WITHOUT HAVING FIRST OBTAINED A PERMIT TO DO SO; PRESCRIBING THE MANNER OF OBTAIN- ING SUCH PERMITS; DEFINING THE TERM BUILDING AS USED HEREIN; PROVIDING TIMES, PLACES, AND MANNERS OF BURNING TRASH AND WASTE UITHIN SAID FIRE LIMITS; PROVIDING THAT IT SHALL BE AN OFFENSE 'FOR ANY PERSON OR PERSONS TO CARELESSLY OR NEGLIGENTLY START ANY FIRE, OR PERMIT ANY FIRE TO START IN- ANY WOOD, LUMBER, SIDEWALK, HAY, PRIVY, OR BUILDING IiITHIN THE LIID 71 LIMITS; AND PROVIDING PENALTIES FOR THE VI011—T:ION HEREOF. Be it ordained by tile Chairman and Board of Trustees of the Village of McCall: SECTION 1. INNER FIRE LIMITS. All that portion of McCall embraced within the following limits shall be the "INNER FIRE LIMITS" of McCall, to-wit : Beginning at the intersection of the center line of Second Street and the high water line of Payette Lake , thence West along the said high water line to the western boundry of Lot 1, Block 1, Second. Addition to the Village of McCall , thence South along the said western boundry line to the center line of West Lake Street , thence West along the said center line of West Lake Street a distance of 150 feet , thence South a distance of 133 feet , thence East to the Center lino of First Street , thence South along the said center line of First Street to the intersection with a con- 3F1 ' tinuance of the center line of the alley between Lenora Street and Park Street , thence East along the center line of the said alley to the intersection of the said center line of the said alley and the center line of the Oregon Short Line Railroad right-of.-way , thence Northeast along the center line of the said. railroad right-of-way to the inter- section of the said center ].Lne with the center line of Fourth Street , thence Northwest along the center line of Fourth Street to the end of said street , thence on a contin- ti uance of the center line of Fourth Street to the intersection of the said center line with the high water lane of Payette ae , thence South and :rest along the said high water line of Payette Lake to the place of beginning, all a;ithin. the Village of ':cCall , County of Valle;- , State Of Idaho. SECTION 2. It shall be unlawful to enlarge , corsrtuct , erect , or build any building within said inner fire limits except the same have outer and party walls of brick, stone , concrete , or I _1(„ 7.. other incombustible materials , and, a roof of metal, slate , tile , brick, concrete , or other fireproof composition. SECTION 3. No building within said inner fire limits shall be enlarged or added to or be wholly or partle jaken down and rebuilt , except such enlargement , addition, or nee: building , or part of the bui?Sinn have outer and. party Gulls of brick , stone , concrete , or other incombustible materials , niid a roof of metal , slate , tile , brick, concrete , or other fireproof composition; and no building of wood or other combustible material of outer or e:.r-ty walls or with a roof of other then fireproof material shall be moved ino . aid inner fire ° " moved. from one -.place -to another therein. 1��<<i� s or be SECTION 4. In cane any building ia:hin said inner fire limits shall be injured by tire , actions c:C tho elements , act of God or otherwise , to the extent of half it' s value or more , it shall not be rebuilt with wood, shingles or other combustible material , A -t1 but , if rebuilt or repaired, it must comply with the requirements of Section 2 end section. 3 hereof. SECTION 5. Any building v,ithin said inner fire :limits , repaired, altered, constructed, built , rebuilt , erected or moved contrary to the provisions of this ordinance, is hereby declared a nuisance , and, upon conviction, the ownei4 thereof shall be fined in any sum not to exceed Fifty W; 50.00) Dollars , together with the 3 4N- costs of prosecution , for each twenty-four (24) hours such building is allowed to remain within said inner fire limits after being noti- fied by the Chairman of the Board of Village Trustees of the village to take down and remove the same. SECTION 6. It shall be unlawful foe any person to use , have or maintain any stovepipe passing through a wall, door, window, floor, ceiling or roof of any building or privy within said inner • fire limits, and any such stovepipe .is hereby declared a nuisance. - Any person, either ,'owner, occupant. or'user of any building, or privy 'who shall use, have or maintain. any stovepipe passing through a. wall, door,. window, floor, ceiling or .roof of such building' or privy within, said inner fire limits, shall , .upon conviction thereof , be fined do any. sum 'not exceeding Fifty ( 50.00) Dollars together . - with the . costs of .prosecution, for ' every twenty-four ,(24) 'hours he shall use., -have or maintain the same after being notified by the Chairman of the Board of Trustees. of the Village of McCall to cease using, having, or• maintaining such stovepipe. . . • SECTION 7. OUTER- FIRE' LIMITS, - All :that portion within the ' ' • incorporated limits of the Village. of, McCall not heretofore design- ated, as the inner fire limits of. McCall shall be known as the "outer. fire limits" Of McCall. ' • - • SECTION 8. BUILDING G PERMITS. . It Shall. be unlawful for any ' persons or person, , firm or corporation, association or partnership,, to erect , onlargc , :construct ,' build, or. rebuild or repair any build- ing or structure-within the fire, limits off. McCall , either the inner or outer fire . limits , Without having applied for, and obtained .a per- mit to ' :io. so' from the .Chairman of th'e Board of Trustees. Application - - for a permit from the Chairman of'. 'the `-Board of Trustees shall, state - the exact and correct site upon which' said building or. structure is: to be erected, eenstrueted, built , repaired, enlarged, or. rebuilt _ the materials and, d3:mens ions,, and the estimated . cost and time to be spent in the building,, erecting, .constructing, repairing, enlarging, or rebuilding the said structure, SECTION„,7,APPEAL FROM' DECISION'. i honever any person or persons, firm or corporation shall feel aggrieved at the action ,of the Chairman of the. Board of-Trustees, -either at h Ls• refusal of a 3 4 0 l c� building permit, or by' reason of -any ruling', order, • or regulation• in connection with 'the. fire ordinance of McCall., such persoxi, firm, . or corporation shall have, the right of appeal' from. such decision, • order, ruling, or .regulation, to .the; Board' of Trustees of the Village of McCall,, and the decision of the said Board shall be final, SECTION MI. The to rm "building" as used throughout this ordinance shall include any and all buildings and structures of any kind, type, name, or nature, except privies. ` t SECTION II. For every building permit issued under this ordinance the Chairman shall collect from the person or persons, firm, or corporation to whom it Is issued, the sum of One (k7l.00) } 1 , Dollar, which said sum the said Chairman shall immediately deposit with the Village Treasurer. SECTION 12. Nothing herein contained shall prevent any alteration, addition to, repair, rebuilding, or building of any 7 - ) ) building or structure which shall have been commenced and on which.- work Is being done in good faith at the time this ordinance becomes effective. SECTION ION 13. Anyperson who shalli ry who by any act, or o��s�.ora of any act, carelessly or negligently fire or ignite any :7ood,, lumber, 4 sidewalk, fence, building, or privy withlthe said fire limits shall,. 1 } 3 upon conviction thereof„ be fined 'any sum not exceeding On 3 Hundred (0100.00) Dollars together with the costs of prosecution. SECTION 14. Any person, either owner, agent, contractors, or workman, who shall repair, alter, enlarge,, cons teu.ct, build, rebuild, erect, or move any building contraryprovisions r, to the prov:i��.o~�� hereof, or cause the same to be done, shall be guilty of a violation of this ordinance, and,, upon conviction thereof, shall be fined in any sum not less than Twenty-five (025.00) Dollars nor exceeding One Hundred ( .00.00) Dollars 'toget-zer with the costs. of prosecution thereof. 3,0 The prosecution, conviction, or fining of either owner,; agent,, con- tractor, or wort pan hereunder shall not Interfere with or prevent the prosecution, conviction, or fining of either, any; or all other persons orar;ies connected with the .sae violation hereof. RECTION. 15. Upon default of' any .person convicted under any sect .on of this ordinance to pay the: fine' and costs imposed, or any part thereof, such person shall be coumitted) tothe County jail for a period of time equal to one day for each One Dollaar and fifty-cents ($1.50) of such unpaid fine and costs. �` ' y r ' • .. " SECTION 16.'' This .ordiriax-leb_''shali be. in force .and take - effect- after. •its .as-sage •a•approvals-and.a?d. 1 bliev,tio - - - _asset. alid approved. 'this. )Z day 'of' -.1947 D: is/ h ran: f the hoard of `�rus�:e�s . . .- ,Vi..•l .ge o.I. McCals,• .laaho - ' Attest: • • Clerk, ..or. th Board. of.: Trustees .. • . - . : • 'V .11.a. eof' •LioCa.1.1, •.Idaho = - - - - • • • • i ORDINANCE NO.I 2 AN ORDINANCE LICENSING AND REGULATING ESTABLISHMENTS AND PLACES WHEREIN COIN OPERATED AMUSEMENT DEVICES 1+iAY BE OPE1T!;D; LICENSING AND REGULATING COIN OPERATED AMUSE TT DEVICES; PROVIDING FOR AND I VINING THE DUTIES OF THE OFFICERS OF THE VILLAGE OF McCALL IN CONNECTION 4aITH SUCH LICENSES; PROVIDING FOR PENALTIES FOR THE VIOLATION OF THE PROVISIONS THEREOF. Be It Ordained by the chairman and Board of Trustees of the village of McCall: Section I.--The best interests of the Village of Me all require that coin operated amusement devices be limited both as to the operation of said devices and the places where the same may be operated, and it is therefore declared to be the policy of the village of McCall to limit the operation y o 1 of the coin operated amusement device as such amusement devices are defined and authorized by House Bill No.. 43, Idaho uocie Annotated of 1947, and to limit the places, establishments and premises wherein the same may be operated. • Section 2.-- The Teri of the village of McCall is hereby authorized to issue d license to any person, firm, co-partnership, corporation or association for the establishment of the business of operating coin operated amusement devices upon specific premises within the Village of McCall upon application ,.$0 t being duly made and approved by the kdhairman and Board of Trustees of the village of McCall and upon the payment of a license fee in the sum of one hundred dollars per year or fraction thereof. All licenses issued shall expire on December 31st or the year in which the same are issued. Section 3.-- The applicationbr such license shall contain a descri- ption of the premises where said business is to be carried on and a state- 3 meat of all persons having a financial interest in and the name of the manager of the establishment to be licensed. Said application shall be accompanied by the license fee of one hundred dollars as hereinabove provided. AP - i Upon the filing of the application accompanied by such fee, it shall be f the duty of the clerk of the Village of Mcuall to deliver said application to Fl the chief of Police of the village and the Chief of Police shall thereupon !1 investigate the premises and ascertain that the same conforms to establishments authorized to be licensed under the laws of the State of Idaho and after such investigation shall endorse upon such application his recommendation and shall thereupon return the same to the clerk. Section 4.--At the next regular or special meeting of the village Board of Trustees, the application shall thereupon be presented by the clerk and it shall be the duty of the chairman and Board of Trustees to approve or disapprove the application and upon such application being approved, the clerk shall issue a license for such establishment to operate coin operated devices therein as herein provided. ] Said license shall not be transferrable, nor shall the same be used in any other place than for the establishment to which it was issued and such license shall be posted in a conspicuous place in such establishment. The holder of such license may at any time thereafter apply to the Village ‘ Llerk to license any number of coin operated amusement devices, and upon such application and the payment of the license fee for such coin operated amusement devices, the clerk shall thereupon issue as many licenses as the applicant desires. A separate license shall be required for each coin operated amusement device. The license fee for coin operated amusement devices is hereby fixed at the sum of five hundred dollars each per year or fraction thereof, and all lic- enses shall expire on December 31st of the year in which the same are issued. 7 Such license shall be in such form as the clerk may prescribe and it shall bear ,), •, t the signature of the clerk and the seal of the Village. Each license shall be 4 affixed to the coin operated amusement device in a conspicuous place and shall be cancelled by cutting it criss-cross with a sharp instrument on the face thereof. Section 5.-- It shall be unlawful and hereby declared to be a misdemeanor for the holder of any of the licenses herein provided for, to place or permit to be placed any coin operated amusement device where minors under the age of r ,,?ac twenty years may have access thereto or permit a minor under the age of twenty to play or operate the same. 2- Section 6.--It shall be unlawful and hereby declared to be a misdemeanor for any person to Hermit any coin operated amusement device to be operated or t'd played except where the establishment wherein such coin operated amusement t-g I device is located has been duly licensed and where such coin operated amusement device has been duly licensed and the license cancelled and attached to such coin operated amusement device. Section 7.-- ainy person upon conviction of a violation of any of the Pro!- visions of this ordinance shall pay a fine of not in excess of one hundred dollars and in addition thereto the Chairman and Board of Trustees of the village of McCall may suspend or cancel any and all licenses issued under the provisions of this ordinance. Upon such suspension or cancellation, all licenses so effected shall be immediately delivered to the kdlerk and held by him during the period of suspension or cancellation. Section 8,--This ordinance shall become effective after its passage, approval and publication. PASSED by the chairman and Board of Trustees of the Village of McCall this day of April, 1947. Chairman ATTES Village Clerk. • • 3-