HomeMy Public PortalAboutCouncil Minutes 1992 05/14MCCALL CITY COUNCIL
MINUTES
MAY 14, 1992
I. ROLL CALL AND CALL TO ORDER
Mayor Smith called the meeting to order at 7:04 p.m.
Councilmen VanKomen, Larson, LeBrett and Wallace answered
the roll call. The Mayor declared a quorum present.
II. MINUTES
The minutes of the April 23, 1992 meeting were
considered. Wallace moved to approve the minutes as
distributed. Larson seconded and the motion carried
unanimously.
III. PAYMENT OF THE CLAIMS
Payroll reports for April 28 and May 11 were
considered. Larson moved to approve the payroll reports as
presented. Wallace seconded and the motion carried
unanimously. The voucher report for May 8 was then
considered. After discussion, LeBrett moved to approve the
payment of the bills as presented. Larson seconded and the
motion carried.
IV. CONSENT CALENDAR
No items were listed on the
taken.
calendar and no action was
V. MAYOR AND COUNCIL COMMENTS AND REPORTS
Wallace asked that the campers on the city's property
along the river near the sheep bridge be removed. With the
concurrence of the Council, the Mayor indicated that he
would see to this matter.
Mayor Smith reported on the results of the City-county
meeting. He reported on the Weatherby study and other
discussion matters.
VI.STAFF REPORTS
A. CITY ADMINISTRATOR'S REPORT
A written report indicating the status of loaned
jet-ski's for enforcement of the No-Wake Zone, marking of
the fuel spout at the school, of the advisory to employees
regarding political activity, that the engineers have
discontinued all work on the downtown parking LID, of the
denial of the Herrick St. tunnel encroachment permit, and
the status of police staffing with Mr. Hill reporting for
duty.
The Administrator presented costs of sod for the new
park. The contract prices were reviewed. After
discussion, Wallace moved to direct staff to have a change
order prepared to place sod in the park. LeBrett seconded
and on a 2-2 tie vote, the Mayor voted for the motion. The
staff was instructed to have the change order on the next
agenda.
A deed to a portion of Camp St. from the Achesons was
presented. The Council asked staff to determine whether
there were underground storage tanks on the property before
accepting the deed, and to return this matter to the next
agenda.
The Administrator requested an Executive Session to
discuss the acquisition of an interest in real property not
owned by another public agency, pursuant to IC 67-2345,
subsection C. VanKomen moved to conduct an Executive
Session as requested following the conduct of the regular
agenda. Larson seconded. On a roll call vote, VanKomen,
Larson, Wallace and LeBrett voted Aye. The Mayor declared
the motion carried.
B.CITY ATTORNEY'S REPORT:
Mr. Burton reported on the State Land Board's progress
in transferring the SITPA site to the City. He noted his
written report on Ordinance 606.
C. CITY TREASURER'S REPORT
Mr. Henderson presented the monthly financial report
and the Year to date report, both as of April 30. No
action was required or taken on the reports.
VII. PUBLIC COMMENT
Questions by three individuals, Mrs. Bunch, Mrs.
Clemmer, and Mrs. Olano related to the agenda item
regarding the Highway crossing permit for a Tunnel and the
City's approval of those permits. The Mayor advised that
these and other matters would be taken up when that item
was presented on the agenda.
VIII. OLD BUSINESS
A. ORDINANCE 606, REVISING THE CITY CRIMINAL CODE,
THIRD READING:
After review of the staff report, Wallace moved to
waive the reading of the ordinance in its entirety and to
pass the Ordinance's third reading. VanKomen seconded. The
City Attorney read the Ordinance by title. On a roll call
vote, Wallace, VanKomen, Larson and LeBrett voted Aye. The
Mayor declared the motion carried and the Ordinance No.
606 adopted.
B. RESOLUTION 24-92, SETTING PARKING INFRACTION FEES
The Resolution was introduced. VanKomen moved,
Wallace seconded, the adoption of the Resolution No.
24-92. The motion was unanimously approved on a voice
vote.
C. WORK ORDER FOR TOOTHMAN-ORTON ENGINEERING, 1991 SEWER
PROJECT:
A work order for $7850. was considered. Wallace
moved to approve the work order. Larson seconded and the
motion carried.
IX. NEW BUSINESS
A. LID, RIVERSIDE SUBDIVISION
The Mayor reported on discussions with Duane Smith
regarding the provision of sewer service to his new
building. The creation of an LID to complete the water,
sewer and street improvements in that subdivision was
discussed, which would then reimburse Mr. Smith for his
improvement in the portion of the subdivision. Larson
moved to authorize the creation of an LID in the
subdivision and authorize the City to purchase pipe and
manholes, and Mr. Smith to have the project engineered to
City specifications. VanKomen seconded and the motion
carried unanimously.
X. PUBLIC HEARINGS, 8 P.M.
A. VARIANCE REQUEST, CLARK, CONTINUED
The continued hearing was reopened at 8 p.m.
Judy Clark, Gladys Babcock, Attorney Pittinger, Lew Clark,
and Peggy Clemmer appeared and were heard. After
discussion, Wallace moved to adopt the findings of fact and
conclusions of law of the Planning Commission and approve
the variance. The motion failed for lack of a second.
LeBrett then moved to remand the matter to the Planning
and Zoning Commission directing that their reconsideration
be limited to the provisions of the ordinance, and
allowing the applicant to revise the application and
permitting public review and comment on the matter. Larson
seconded and the motion carried unanimously. Staff asked
that Attorney Killen be engaged to sit with the Commission
during the rehearing, and it was ordered by the Mayor with
the consent of the Council. The hearing was closed at 9:20
p.m.
VIII. OLD BUSINESS, CONTINUED
D. REQUEST TO REGRADE HERRICK STREET:
The Mayor reported that a request to install a
tunnel under Herrick St. which would have required the
regrading of the street surface had been made by Hubble
Engineering on behalf of Douglas Manchester. Manchester
has requested that this item be withdrawn from the agenda.
E. IDOT ENCROACHMENT PERMIT, HIGHWAY 55, BOX CULVERT BY
DOUGLAS MANCHESTER:
After discussion, the Council asked that all
utilities be protected by an additional agreement
guaranteeing that the owner would ensure that by this
installation, additional costs would not be incurred by the
utilities for the maintenance and operation of their lines.
VanKomen moved to authorize the Mayor to sign the IDOT
permit contingent upon the execution of such agreement
discussed above. Wallace seconded and the motion carried
unanimously. The Mayor indicated he would review this
agreement with VanKomen prior to executing the permit.
IX. NEW BUSINESS, CONTINUED
B. 1992-1993 INSURANCE PACKAGE:
Bill Kirk reviewed the coverages, deductibles, and
various insurances which the City carries. He discussed the
results of quotes received from other firms than by the
current carrier. After questions and discussion, Larson
moved to authorize the renewal of the City's insurance
policies. Wallace seconded and the motion carried
unanimously.
C. WATER ENGINEERING AGREEMENT, TOOTHMAN-ORTON/JAMES
MONTGOMERY:
The targets for fees for engineering services were
considered and the contract was returned to the Mayor's
office for further negotiation on this item. No action was
taken.
D. TASK ORDER NO. 1, WATER ENGINEERING SERVICES:
Without action on the Engineering agreement, no action
was possible on this item.
E. RESOLUTION 23-92, DRUG-FREE WORKPLACE
The Resolution was presented. Wallace moved to adopt
the resolution. VanKomen seconded and the motion carried
unanimously. The Mayor declared the Resolution adopted.
F. SEWER CAPITAL IMPROVEMENT CHARGES
Recommendations for a capitalization fee for the
Diane McFall project of $255.60 and one for the Baptist
Church for $320.80 were considered. Wallace moved to
approve both fees as recommended. Larson seconded and the
motion carried.
G. CREDIT CARD PROPOSAL:
The Treasurer reported on discussion about accepting
credit cards in various locations and for a variety of
city services. After discussion, VanKomen moved to
purchase one printer and terminal for the Golf Course
Clubhouse/Pro Shop. Wallace seconded and the motion
carried unanimously.
H. MID-YEAR BUDGET REPORT:
The administrator reviewed a written report on the
status of the General and Special Revenue (tax-supported)
funds. The report addressed needed spending limitations in
the General, Recreation, Library, Street and Public Works
funds to balance at year end.. After review, VanKomen
asked that the Council receive a report on the possible
uses of the old Golf Clubhouse. The Mayor agreed to have
the report within 30 days. Then, VanKomen moved to accept
the mid-year report on these funds and to authorize the
spending limitations outlined therein. Wallace seconded
and the motion carried unanimously.
X. BOARD, COMMITTEE AND COMMISSION
ACTION
REPORTS REQUIRING
A. MCCALL IMPACT AREA PLANNING AND ZONING
COMMISSION,APRIL 13, 1992
The matter to be considered was the Nagy variance
request. A letter from Attorney Killen, representing the
applicant, withdrew the application and no action was
taken. The Council asked that the City Attorney be
instructed to advise Mr. Nagy that the bulkhead remains in
violation of the City Code.
B. TRANSPORTATION ADVISORY COMMITTEE MINUTES, APRIL
28, 1992:.
The Committee recommended a series of suggestions
regarding the conditions under which the City would accept
the current Highway 55 as a city street, if the bypass were
constructed. Wallace moved to adopt the recommendations
of the Committee as the Council's and to communicate those
to the Idaho Department of Transportation. VanKomen
seconded and the motion carried.
C. PARK AND RECREATION ADVISORY COMMITTEE, APRIL 27,
1992:
The Committee recommended the approval of a special
use permit to conduct a craft fair in Fairway Park on
August 14, 15, and 16. VanKomen moved to approve the permit
as recommended. Wallace seconded and the motion carried.
The Committee recommended that the old golf cart
storage shed be used for individual cart storage. Wallace
moved to approve the recommendation as presented. VanKomen
seconded and the motion carried.
D. CITY PLANNING AND ZONING COMMISSION, APRIL 21, 1992:
The Commission recommended denial of the Variance
request by Rob and Teri Dodge. Wallace moved to adopt the
findings of fact and conclusions of law of the Commission
and to deny the variance. VanKomen seconded and the motion
carried unanimously.
XI. CORRESPONDENCE:
A. LETTER FROM GARNETT ST. HOMEOWNERS' ASSOCIATION:
The Association requested use of the Garnet Street
right-of-way for the placement of a private dock. With the
consent of the Council, the Mayor directed the question
for recommendation and review of the Park and Recreation
Advisory Commission.
B. LETTER FROM THE PAYETTE LAKES WATER AND SEWER
DISTRICT:
The correspondence noted a proposed survey of the
District residents regarding the provision of water
services. The Council reviewed the material and indicated
their willingness to cooperate if expansion of the City
system were identified as a preferred alternate.
C. CORRESPONDENCE FROM FIRE CHIEF, SITPA AND USFA
REGRADING FIREWORKS FOR THE 1992 JULY 4 CELEBRATION,
RESOLUTION 25-92:
The Council reviewed the correspondence and, after
discussion, Wallace moved to adopt Resolution 25-92.
VanKomen seconded and the motion carried unanimously. The
Mayor declared the Resolution adopted.
XII. OTHER BUSINESS:
PAYETTE LAKES
FINAL PLAT APPROVAL:
After review
approve the final
COMMERCIAL
of the final
plat subject
CENTER SUBDIVISION,
plat, Wallace moved to
to execution of the
agreement which will be scheduled on the next Council
agenda. Larson seconded and the motion carried
unanimously.
XIV. INFORMATION ITEMS:
Wallace moved to acknowledge receipt of the
information items. VanKomen seconded and the motion
carried. The items listed were: Letters from Michael
Brown, from Sgt. Ellis, Lewiston P.D., from the City
Administrator regarding the Manchester hotel construction
deadline, a notice of application for a Wetlands permit by
the City and Spring Mountain Ranch, and the April Building
Department report.
XV. EXECUTIVE SESSION
At 12:30 p.m., the City Council moved to Executive
Session as approved earlier in the agenda. They returned
to open session at 12:34 a.m. Mayor Smith announced that
the Council had received an appraisal report and discussed
the acquisition of real property not owned by another
public agency and had instructed staff on the matter.
XVI. ADJOURNMENT
12:34:41,
At
seconded and the motion carried.
Mayor
/
Wallace moved to adjourn. VanKomen
ORDINANCE NO. 606
AN ORDINANCE OF THE CITY OF McCALL, IDAHO, RELATING TO THE
PUBLIC PEACE; REVISING AND RECODIFYING THE ORDINANCES
RELATING TO POLICE REGULATIONS, TRAFFIC, AND ILLEGAL FIRES;
AND PROVIDING AN EFFECTIVE DATE.
BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF
McCALL, IDAHO, AS FOLLOWS:
~. Titles V, VI, and VII, McCall City Code, are
repealed, and re-enacted as Title V, Public Safety, as
follows, save and except Chapters 7, 8 and 9 of Title V which
are recodified in Section 2 of this ordinance:
TITLE V
PUBLIC SAFETY
Chapter 1.
Police Department Organization.
Duties. and Authority
5-1-101 DEFINITIONS. In this Title:
(A)
"Chief" means the Police Chief, an officer of the
City as provided in Title 1 of this Code.
(B) "Code" and "this Code" means the McCall City Code.
(c)
"Department" means the Chief, those sworn peace
officers employed by the City, reserve peace
officers on active duty with the City, and other
City employees assigned to be supervised by the
Chief.
5-1-102 DUTIES OF THE DEPARTMENT. The Chief and,
through him and as directed by him, the Department,
has the duty within the limits imposed by the
resources of the Department to preserve the public
peace and to see that all laws and regulations of
this Title and of the criminal laws within the
Idaho Code are enforced within the City. Whenever
any violation of such laws or regulations shall
come to its knowledge or be reported to it, it
shall cause the requisite investigation and report
to be made; and shall when in the judgment of the
Chief it is merited, seek prosecution by the City
or County Prosecutor as may be appropriate.
ORDINANCE NO. 606, AS ADOPTED May 14, 1992 page 1
5-1-103 ENFORCEMENT RESPECTING OTHER TITLES OF THIS
CODE.
(A)
The Chief and, through him and as directed by him,
the Department, is vested with the authority of the
Mayor to enforce this Code. Such authority is
subordinate to the authority of other Departments
to determine the presence or absence of'Code
compliance with respect to technical matters
entrusted to their care, such as for one example
the interpretation of the Building Code. The
Chief, in consultation with the City Prosecutor and
the City Department head having jurisdiction, shall
cause service of citations respecting misdemeanors
in process of commission arising under the other
Titles of this Code.
(B)
In the exercise of this authority, the Chief shall
be responsive to the direction of the Mayor.
Chapter 2.
General Provisions
5-2-101 DEFINITIONS.
(A)
An "infraction" is an offense so labeled in the
provisions defining the offense in this or any
other Title of the McCall City Code.
(B)
A "misdemeanor" is any other violation of this
Title or of any other Title of the McCall City
Code.
(c)
A "person" means any natural person and also any
other legal entity, such as but not limited to a
corporation, a partnership, a joint venture, an
association, a municipal corporation, a county, the
state, and the like. Where an offense is committed
by a person who is not a natural person, the
natural person(s) (if any) who directed the
commission of the offense, and the natural
person(s) physically performing the acts
constituting the offense, are jointly and severally
subject to prosecution and penalties.
5-2-102 CRIMINAL AND CIVIL PENALTIES.
(A)
An infraction is punishable by a fine not to exceed
$150 per offense; and also, with respect to
infractions of the motor vehicle code or parking
regulation provisions of this Title, as provided in
the Idaho Code with respect to driver's license
points, suspension, and revocation.
ORDINANCE NO. 606, AS ADOPTED May 14, 1992 page 2
(B)
A misdemeanor is punishable by a fine not to exceed
$300 per offense, by imprisonment not to exceed 6
months per offense, either or both; or by up to
such greater fine or up to such lengthier
imprisonment as may be authorized by the Idaho
Legislature with respect to violations of municipal
ordinances, either or both.
(c)
A civil penalty not to exceed $1,000 may be
assessed by the Court in the case of:
(1)
controlled substance offenses, and per
commercial unit;
(2)
delivery of alcoholic beverages or tobacco to
minors, and per commercial unit
(3) habitual property crime offenders; and
(4)
negligent driving under this Title involving
alcohol; and misdemeanor offenses prosecuted
by the City Prosecutor under the Idaho Code
respecting driving under the influence.
In determining whether or not to impose such a
penalty, the Court shall consider whether the facts
and circumstances bring the case within a class of
cases that imposes a burden upon health and safety
forces and facilities in the City, or threatens the
domestic tranquillity; and in determining whether
or not a case involves habitual conduct, shall
consider whether the conduct which forms the basis
of the case is a continuing practice of the
defendant as shown by more than two prior
convictions for the same or similar offense.
(D)
It is the policy of the City that when fines and
civil penalties are imposed for infractions and
misdemeanors committed with an economic motive, the
amount of such fines and penalties should be a
distinct economic disincentive to the commission of
another like offense.
(E)
As provided in Title 1 of this Code, continuing
offenses are deemed to be a separate offense
committed each day.
5-2-103 CERTAIN MATTERS NOT A DEFENSE. It is no
defense to a prosecution under this Title that the
defendant, by reason of the same conduct, also
committed an offense under the Idaho Code which is
or might be an infraction, a misdemeanor, or a
felony under the Idaho Code; nor shall this Title
be deemed a defense to any such felony charge.
ORDINANCE NO. 606, AS ADOPTED May 14, 1992 page 3
5-2-104 ARRESTS A natural person may be arrested by a
City peace officer when the officer has probable
cause to believe that a misdemeanor has been
committed by that person in the presence of the
officer, or when the officer has probable cause to
believe that a felony has occurred and probable
cause that the person committed that felony, or
when the officer has probable cause to believe that
a domestic assault or a domestic battery, either or
both, has occurred as defined in Section 5-3-101
(A) (3) and (B).
Chapter 3
Offenses harmful or threateninq to people
Subchapter A.
Assaults and Batteries
5-3-101 DEFINITIONS
(A) "Assault" means
(1)
an unlawful attempt, coupled with apparent
ability, to commit a violent injury on the
person of another; or
(2)
an intentional, unlawful threat by word or act
to do violence to the person of another,
coupled with apparent ability to do so, and
the doing of some act which creates a well-
founded fear in such other person that such
violence is imminent; or
(3)
a threat, express or implied, made with intent
to instill in a family or household member a
fear that the offender or another will commit
a battery on another family or household
member.
(B)"Family or household member" includes:
(1) a spouse, or former spouse;
(2) person related by blood or marriage; or
(3)
persons who reside or have resided together;
and
(4) persons who have a child together.
(C) "Battery" means
ORDINANCE NO. 606, AS ADOPTED May 14, 1992 page 4
(1)
any willful and unlawful use of force or
violence upon the person of another; or
actual, intentional and unlawful touching or
striking of another person against the will of
the other; or the unlawful and intentional
causing of bodily harm to another person; or
(2)
without limiting the generality of the
foregoing, the physical injury, sexual abuse
or forced imprisonment of a family or
household member.
5-3-102 PROHIBITED ACTS. It is unlawful for any person
to commit assault or battery with respect to any
other person.
Subchapter B.
Controlled Substances
5-3-201 DEFINITIONS
(A)
"Controlled substance, .... deliver," and
"manufacture," mean anything whatsoever that is so
defined in Idaho Code 37-2701, and 37-2702 through
37-2714, inclusive.
(B)
"Commercial unit" means the smallest amount of a
given controlled substance that is commonly used by
one person for a single act of consumption, whether
by smoking, ingestion, injection, inhalation, or
otherwise; in street parlance, a "hit." The sworn,
in-court testimony of an experienced police officer
is competent to establish what is a commercial unit
with respect to any controlled substance.
5-3-202 PROHIBITED ACTS. Except as authorized by Idaho
Code Title 37, Chapter 27, the Uniform Controlled
Substances Act, it is unlawful:
(A)
For any person to manufacture or deliver, or
possess with intent to manufacture or deliver, a
controlled substance.
(B)
For any person to possesses a controlled substance.
The first offense possession of not more than two
commercial units of marijuana for personal use may
in the discretion of the City Prosecutor be charged
either as a misdemeanor or as an infraction
depending upon circumstances; all other violations
of this section are misdemeanors. The Prosecutor
shall consider the character and demeanor of the
defendant, and the defendant's attitude toward the
offense and the prosecution thereof, in exercising
such discretion.
ORDINANCE NO. 606, AS ADOPTED May 14, 1992 page 5
(c)
For any person to possess drug paraphernalia as
defined in IC 37-2701.
Subchapter C.
Furnishina HarmFul Substances to Minors
5-3-301 UNLAWFUL PURCHASE OR DELIVERY.
(A)
It is unlawful for a person, being over the age of
18 years,
(1)
to purchase a cigarette, tobacco, or an
alcoholic beverage, for delivery to a minor,
or
(2)
to sell a cigarette, tobacco, or an alcoholic
beverage to a minor.
(B)
It is prima facie evidence of the intent to violate
this ordinance that a person delivers a cigarette,
tobacco, or an alcoholic beverage to a minor.
(C) Violation of this section is a misdemeanor.
Subchapter D.
Fireworks and Explosives
5-3-401 DEFINITIONS Definitions in the Uniform Fire
Code apply to this subchapter D, as well as the
following definitions:
(A)
"Discharge" means explosion or pyrotechnic
combustion.
(B)
"Fireworks package" means an air-tight
container containing permitted fireworks.
(D)
"Permitted fireworks" means fireworks meeting
the following description:
(1)
Cone fountains with pyrotechnic
composition not exceeding fifty grams
each; or
(2)
Cylindrical fountains, whether base,
spike or handle with pyrotechnic
composition not exceeding seventy-five
grams each and inside the tube diameter
not exceeding three-quarters inch; or
(3)
Sparklers and dipped sticks not more than
ten inches in length or one-quarter inch
in diameter made on steel or iron wire
ORDINANCE NO. 606, AS ADOPTED May 14, 1992 page 6
and Suzuki and Morning Glories with
pyrotechnic composition not exceeding
four grams each; or
(4)
Snakes which do not contain bichloride of
mercury and pyrotechnic composition not
exceeding two grams each.
(5)
Wheels with pyrotechnic composition not
exceeding sixty grains for each driver
unit or two hundred forty grains for each
complete wheel. The inside tube diameter
or driver unit shall not exceed one-half
inch; wheels must be secured so as not to
move other than around their axis during
discharge; or
(6)
Whistles, without report and which do not
move about the ground during discharge,
with pyrotechnic composition not
exceeding six grams and containing no
picric or gallic acid.
5-3-402 UNIFORM FIRE CODE MODIFIED. The Uniform Fire
Code, Section 78.101, et seq., regulates fireworks
and generally prohibits them. Section 78.202 is
modified by this subchapter (Section 5-3-401, et
seq.) to the extent of Section 5-3-403.
(A)
It is unlawful for any person to be in the
possession of or to discharge fireworks or
explosives, except as expressly permitted in
this Subchapter.
(B)
It is unlawful to sell or offer to sell
permitted fireworks that are not in a
fireworks package.
(c)
It is unlawful to cause or permit the
discharge of permitted fireworks in dry grass
or tree leaves or needles, or at any other
location where sparks or flame contact or
might contact dry, readily combustible
materials.
5-3-403 PERMITTED POSSESSION. Possession of fireworks
is lawful in the following cases:
(A)
A recognized civic organization having a
genuine, material existence and purpose
separate from obtaining a permit under this
section, may make application for a permit for
a fireworks display according to Uniform Fire
Code Article 78 and Uniform Fire Code Section
ORDINANCE NO. 606, AS ADOPTED May 14, 1992 page 7
4.108, to be held in connection with a
national holiday or special local event. The
application shall be made to the City Clerk,
who shall route it through the Police Chief
and Fire Chief and to the Mayor and Council.
The Mayor may make or direct such
investigation as he may deem appropriate. The
permit shall be issued or denied by the Mayor
and Council, considered for these purposes to
be the Fire Prevention Bureau, based upon
consideration of the nature of the occasion,
the nature of the applicant, and the public
safety. Any permit issued under this
paragraph shall be limited to one time only
for which issued.
(B) Permitted fireworks may be sold in fireworks
packages at retail, and be lawfully discharged
by the consumer, from noon on July 1 of each
year, until midnight on July 5 of each year,
provided that their use is not then illegal
pursuant to the Uniform Fire Code and the
existing natural fire hazard conditions.
Permitted fireworks shall not be used or
possessed in hazardous fire areas or under
hazardous fire conditions the existance of
which may be publicly declared by the Chief.
Fireworks in violation of this Section are
subject to seizure.
5-3-401 SPECIAL ENFORCEMENT. In addition to the
Department, this Subchapter may be enforced by any
peace officer sworn as such in Idaho, the Fire
Chief or any member of his Department, fire
wardens, and persons specifically deputized by any
of the foregoing; a citation shall be issued on the
uniform state form for an infraction if no damage
to person or property occurred, or for one or more
misdemeanors if damage occurred or if the offense
is a sale.
Subchapter E.
Hazardous Material Storaae and Transport
5-3-501 DEFINITIONS. In this Title:
(A) "Hazardous material" means anything so defined
under Federal law, and without limiting the
generality of the foregoing, also gasoline,
oil, water drawn from a petroleum product
storage tank, chemicals, or any combustible or
explosive substance.
(B) "Hazardous material container" means a tank or
other storage device for hazardous material
that meets applicable portions of the Uniform
ORDINANCE NO. 606, AS ADOPTED May 14, 1992 page 8
Fire Code and all applicable Federal and State
regulations for tanks and storage devices for
the hazardous material in question.
5-3-502 PROHIBITED ACTS. It is unlawful to:
(A)
transport hazardous material, other than in
accord with applicable laws and regulations of
the United States, the State of Idaho, and
this Code, including without limitation the
Uniform Fire Code.
(B)
maintain any underground storage tank other
than in accord with applicable laws and
regulations of the United States and the State
of Idaho, and this Code, including without
limitation the Uniform Fire Code.
(c)
discharge hazardous material onto the surface
of the earth, or into surface or ground waters
of the State, or beneath the surface of the
earth, other than into a hazardous material
container;
5-3-503 SPECIAL ENFORCEMENT. In addition to by the
Department, this Subchapter may be enforced by the
Building Official, fire wardens, the Fire Chief or
any member of his Department, and persons
specifically deputized by either Chief.
Chapter 4.
Offenses harmful to DroDertv riahts
or the public health
Subchapter A
Unlawful Fires
5-4-101 PROHIBITIONS. It is unlawful deliberately or
negligently to start a fire under the following
circumstances:
(A)
In any structure; except, it is lawful to
start a fire in a fireplace, incinerator, or
stove that is in compliance with the Uniform
Fire Code and any applicable air quality
regulations.
(B)
Using as or among the fuel: garbage, rubbish,
decaying matter, dead animals or refuse of any
kind; excepting, however, leaves and needles
dropped by trees, and weeds and other
vegetation, when in a safe place and with a
written permit issued in accord with the
Uniform Fire Code, state fire season
ORDINANCE NO. 606, AS ADOPTED May 14, 1992 page 9
regulations, and any applicable air quality
regulations.
It is prima facie evidence of negligence in the
starting of a fire, that the fire escaped from the
location of the burning, so as to start a grass,
brush, forest, or building fire.
5-4-102 SPECIAL ENFORCEMENT. In addition to by the
Department, this Subchapter may be enforced by the
Building Official, fire wardens, the Fire Chief or
any member of his Department, and persons
specifically deputized by either Chief.
Subchapter B
5-4-201 CONSOLIDATION OF THEFT OFFENSES.
(A)
Conduct denominated theft in this chapter
constitutes a single offense superseding the
separate offenses previously known as embezzlement,
extortion, false pretenses, cheats,
misrepresentations, larceny and receiving stolen
goods.
(B)
An accusation of theft may be supported by evidence
that it was committed in any manner that would be
theft under this chapter, notwithstanding the
specification of a different manner in the citation
or complaint, subject only to the power of the
Court to ensure fair trial by granting a
continuance or appropriate relief where the conduct
of the defense would be prejudiced by lack of fair
notice or by surprise.
5-4-202 DEFINITIONS. The following definitions are
applicable to this chapter:
(A)
"Appropriate." To "appropriate the property of
another to oneself or a third person means:
(i)
To exercise control over it, or to aid a third
person to exercise control over it,
permanently or for so extended a period or
under such circumstances as to acquire the
major portion of its economic value or
benefit; or
(2)
To dispose of the property for the benefit of
oneself or a third person.
ORDINANCE NO. 606, AS ADOPTED May 14, 1992 page 10
(B)
"Deception" means knowingly to:
(1)
Create or confirm another's impression which
is false and which the offender does not
believe to be true; or
(2)
Fail to correct a false impression which the
offender previously has created or confirmed;
or
(3)
Prevent another from acquiring information
pertinent to the disposition of the property
involved; or
(4)
Sell or otherwise transfer or encumber
property, failing to disclose a lien, adverse
claim, or other legal impediment to the
enjoyment of the property whether such
impediment is or is not valid, or is or is not
a matter of official record; or
(5)
Promise performance which the offender does
not intend to perform or knows will not be
performed. Failure to perform, standing
alone, is not evidence that the offender did
not intend to perform.
(C) "Deprive." To "deprive" another of property means:
(i)
To withhold it or cause it to be withheld from
him permanently or for so extended a period or
under such circumstances that the major
portion of its economic value or benefit is
lost to him; or
(2)
To dispose of the property in such manner or
under such circumstances as to render it
unlikely that an owner will recover such
property.
(D) "Obtain" means:
(1)
In relation to property, to bring about a
transfer of interest or possession, whether to
the offender or to another; and
(2)
In relation to labor or services, to secure
its performance.
(E)
"Obtains or exerts control" over property includes,
but is not limited to, the taking, carrying away,
or the sale, conveyance, or transfer of title to,
or interest in, or possession of property.
ORDINANCE NO. 606, AS ADOPTED May 14, 1992 page 11
(F)
"Owner." When property is taken, obtained or
withheld by one person from another person, an
"owner" of the property means any person who has a
right to possession of the property superior to
that of the taker, obtainer, or withholder.
(G) "Person" is defined in Chapter 2 of this Title.
(H)
"Property" means anything of value. Property
includes real estate; money, goods, commercial
paper, crops, timber, fixtures, letters of credit,
warehouse receipts, bills of lading, documents of
title, chattel paper, and investment securities,
all as defined in the Uniform Commercial Code,
Title 28 of the Idaho Code; and without limiting
the generality of the foregoing, admission or
transportation tickets, labor, services, anything
growing on or affixed to land or to any building,
electricity, cable television, water, sewer; birds,
animals and fish which are ordinarily kept in a
state of confinement or within a fenced enclosure;
food, drink; intellectual property, samples,
cultures, micro-organisms, specimens, records,
recordings, documents, blueprints, drawings, maps,
and whole or partial copies, descriptions,
photographs, prototypes or models thereof which
constitute, represent, evidence, reflect or record
a secret scientific, technical, merchandising,
production or management information, design,
process, procedure, formula, invention, or
improvement; and computer software not intended by
its author and publisher for distribution prior to
or without purchase.
(i)
"Service" includes, but is not limited to,
professional service, labor, transportation
service, the supplying of hotel accommodations,
restaurant services, entertainment, a communication
facility or system, the supplying of equipment for
use, and the supplying of commodities of a public
utility nature such as electricity, water, and
sewer. A ticket or equivalent instrument which
evidences a right to receive a service is not in
itself service, but constitutes property within the
meaning of paragraph H above.
(J)
"Stolen" is the adjective used to described
property which is the subject of a theft.
(K)
"Stolen property" means property over which control
has been obtained by theft.
(L)
"Value." The value of property shall be
ascertained as follows:
ORDINANCE NO. 606, AS ADOPTED May 14, 1992 page 12
(i)
(2)
(3)
(4)
Except as otherwise provided below in this
subsection, value means the market value of
the property at the time and place of the
theft, or if such cannot be satisfactorily
ascertained, the cost of replacement of the
property within a reasonable time after the
theft.
Whether or not they have been issued or
delivered, certain written instruments, not
including those investment securities traded
on national markets or exchanges, shall be
valued as follows:
(a)
Commercial paper shall be deemed worth
its face amount due from the maker or
drawer.
(b)
The value of a ticket or equivalent
instrument which evidences the right to
transportation or admission shall be
deemed the price stated on it; if no
price is stated on it, the value is the
price which would be charged by the
issuer for a new ticket of the same kind
and character on the date of the theft,
or if such cannot be satisfactorily
ascertained, the cost of replacement of
the property within a reasonable time
after the theft;
(c)
The value of any other document which
creates, evidences, releases, discharges,
or otherwise affects any valuable legal
right, privilege or obligation shall be
deemed the greatest amount of economic
loss which the owner of the instrument
might reasonably suffer by virtue of the
loss of the instrument.
When the value of property cannot be
satisfactorily ascertained pursuant to the
standards in subsections (1) and (2) of this
section, its value shall be deemed to be less
than $150.
For the purpose of showing the value of any
item of property, the interest of any owner or
owners entitled to part or all of the property
consisting of or represented by the item, may
be shown, even if another owner may be named
in the complaint or citation.
ORDINANCE NO. 606, AS ADOPTED May 14, 1992 page 13
5-4-203 THEFT. It is unlawful to commit theft.
(A)
(B)
A person steals property and commits theft when,
with intent to deprive another of property or to
appropriate the same to himself or a third person,
he wrongfully takes, obtains or withholds such
property from an owner thereof.
A person commits theft by a wrongful taking,
obtaining or withholding of another's property with
the intent described in subsection (A) of this
section, committed in any of the following ways:
(1)
By deception obtaining or exerting control
over property of the owner;
(2)
(3)
By conduct heretofore defined or known as
larceny; common law larceny by trick;
embezzlement; extortion; obtaining property,
money or labor under false pretenses; or
receiving stolen goods.
By acquiring lost property. A person acquires
lost property by exercising control over
property of another which he knows to have
been lost or mislaid, or to have been
delivered under a mistake as to the identity
of the recipient or the nature or amount of
the property, without taking reasonable
measures to return such property to the owner
or to the police; or a person commits theft of
lost or mislaid property when he:
(a)
Knows or learns the identity of the owner
or knows or learns a reasonable method of
identifying the owner; and
(b)
Fails to take reasonable measures to
restore the property to the owner; and
(c)
Intends to deprive the owner permanently
of the use or benefit of the property.
(4)
By false promise. A person obtains property
by false promise when pursuant to a scheme to
defraud, he obtains property of another by
means of a representation, express or implied,
that he or a third person will in the future
engage in particular conduct, when he does not
intend to engage in such conduct or, as the
case may be, he does not believe that the
third person intends to engage in such
conduct; such belief may not be established as
ORDINANCE NO. 606, AS ADOPTED May 14, 1992 page 14
(5)
a matter of evidence solely because the third
person did not engage in such conduct.
By extortion. A person obtains property by
extortion when he compels or induces another
person to deliver such property to himself or
to a third person by means of instilling in
him a fear that, if the property is not so
delivered, that person or another will:
(a)
Cause physical injury to some person in
the future; or
(b) Cause damage to property; or
(c)
Engage in other conduct constituting a
crime; or
(d)
Accuse some person of a crime or cause
criminal charges to be brought against
him; or
(e)
Expose a secret or publicize an asserted
fact, whether true or false, tending to
subject some person to hatred, contempt
or ridicule, or to loss of employment or
advantage; or
(f)
Cause a strike or boycott or other
collective labor group action injurious
to some person's business; except that
such a threat shall not be deemed
extortion when the property is demanded
or received for the benefit of the group
whose interest the actor purports to act;
or
(g)
Testify or provide information or
withhold testimony or information with
respect to another's legal claim or
defense; or
(h)
Use or abuse his position as a public
servant by performing some act within or
related to his official duties, or by
failing or refusing to perform an
official duty, in such manner as to
affect some person adversely;
(±)
Perform any other act which would not in
itself materially benefit the actor but
which is calculated to harm another
person materially with respect to his
health, safety, business, calling,
ORDINANCE NO. 606, AS ADOPTED May 14, 1992 page 15
(c)
(D)
career, financial condition, reputation
or business relationships.
A person commits theft when he knowingly takes or
exercises unauthorized control over, or makes an
unauthorized transfer of an interest in, the
property of another person, with the intent of
depriving the owner of the property of its
possession.
A person commits theft when he knowingly receives,
retains, conceals, obtains control over, possesses
or disposes of stolen property, knowing the
property to have been stolen by another or under
such circumstances as would reasonably induce him
to believe that the property was stolen, and
(1)
Intends to deprive the owner permanently of
the use or benefit of the property; or
(2)
Knowingly uses, conceals or abandons the
property in such manner as to deprive the
owner permanently of such use or benefit; or
(3)
Uses, conceals, or abandons the property
knowing such use, concealment, or abandonment
probably will deprive the owner permanently of
such use or benefit.
(E)
Theft of labor or services or use of property.
(1)
A person commits theft when he obtains the
temporary use of property, labor or services
of another which are available only for hire,
by means of threat or deception or knowing
that such use is without the consent of the
person providing the property, labor or
services.
(2)
A person commits theft when after renting or
leasing a motor vehicle under an agreement in
writing which provides for the return of the
vehicle to a particular place at a particular
time, he willfully or intentionally fails to
return the vehicle to that place within forty-
eight hours after the time specified.
(3)
A person commits theft if, having control over
the disposition of services of others, to
which he is not entitled, he knowingly diverts
such services to his own benefit, or to the
benefit of another not entitled thereto.
ORDINANCE NO. 606, AS ADOPTED May 14, 1992 page 16
(4)
A person commits theft if he enters, without
payment of the proper admission fee, any
theater, ballroom, concert, lecture or other
place where admission fees are charged, unless
by permission of the person in charge, or
unless a police officer engaged in police
duties.
(5)
A person who commits theft as to more than one
item of property during one theft event,
commits as many separate acts of theft as
there are items of property stolen, each of
which may be prosecuted as a separate offense.
5-4-204 PRIMA FACIE EVIDENCE OF THEFT BY LESSEE OF
PERSONAL PROPERTY. It shall be prima facie
evidence that a person knowingly obtains or exerts
unauthorized control over property of the owner
when he as lessee or renter of the personal
property of another, leased or rented by written
instrument:
(A)
Fails or refuses to return such property to its
owner after the lease or rental agreement has
expired within the earlier of ten days or forty-
eight hours after written demand for its return is
personally served or given by certified mail,
return receipt requested, delivered to the last
known address provided in such lease or rental
agreement; or
(B)
Obtained the lease or rental of such property in
whole or part by presenting identification to the
owner, lessor, or renter which is false,
fictitious, or knowingly not current as to name,
address, place of employment, or other
identification.
5-4-205 PROOF OF FRAUDULENT INTENT IN PROCURING FOOD,
LODGING, OR OTHER ACCOMMODATIONS. It is prima
facie proof that lodging, food or other
accommodation was obtained by theft, that there was
a fictitious show of baggage, or that baggage was
surreptitiously removed from the premises, or was
attempted to be removed from the premises, or that
the consumer of food absconded from the premises,
without first making payment.
5-4-206 DEFENSES.
(A)
It is no defense to a charge of theft that the
offender has an interest in the property, when the
owner also has an interest to which the offender is
not entitled.
ORDINANCE NO. 606, AS ADOPTED May 14, 1992 page 17
of McCall, Valley County, the State of Idaho,
or the United States, and includes without
limitation appurtenant structures, rest rooms,
utility service poles, utility lines,
playground equipment, streets, paths,
sidewalks, other paved areas, monuments,
statuary, bridges, tables, benches, fences,
fireplaces or pits, permanent signs and
boundary markers, landscaping materials,
trees, shrubbery, and flowers, native or
imported, and boulders and other landscape
features, including rock cliffs and faces
adjoining public roads.
5-5-102 DISORDERLY CONDUCT DEFINED. "Disorderly
conduct" means violent, noisy, or riotous behavior,
and behavior that would be frightening or offensive
to a reasonable person who might be expected to be
in the vicinity, and includes but is not limited
to:
(A)
Engaging in or soliciting anyone to engage in
lewd, lascivious, or dissolute behavior or
speech in a public place, or in a place open
to the public, or in view from a public place;
or
(B)
Accosting other persons in any public place or
in any place open to the public for the
purpose of begging or soliciting alms; or
(c)
Having in ones possession any instrument, tool
or other implement for picking locks or
pockets or opening locked vehicle doors, or
any other implement that reasonably may be
inferred to be for gaining access to locked
places, while not being by employment a
locksmith or otherwise possessed of a business
or personal need for such tool, instrument or
implement at the time and place in question;
or
(D)
Loitering, remaining, or wandering upon the
streets or public parks or from place to
place, without apparent reason or business and
refusing to identify oneself and to account
for ones presence when requested by a police
officer to do the same, if the surrounding
circumstances are such as to indicate to a
reasonable person with the knowledge and
experience of a police officer that the public
safety or peace demands such identification;
or
ORDINANCE NO. 606, AS ADOPTED May 14, 1992 page 19
(B)
(c)
Where the property involved is that of the
offender's spouse, no prosecution for theft may be
maintained unless the parties were living in
separate abodes at the time of the alleged theft.
In any prosecution for theft committed by
trespatory taking or the offense previously known
as embezzlement, it is an affirmative defense that
the property was appropriated openly and avowedly,
and under a claim of right made in good faith. It
is not a defense to a theft committed by such
conduct that the accused intended to restore such
property taken, but that fact may be considered by
the court to mitigate punishment if the property is
voluntarily and actually restored (or tendered)
prior to the filing of any complaint or issuance of
any citation; but this provision does not excuse
the unlawful retention of the property of another
to offset or pay demands held against the accused.
(D)
It is an affirmative defense to a prosecution for
theft by extortion, committed by instilling in the
victim a fear that he or another person would be
charged with crime, that the defendant reasonably
believed the threatened charge to be true, and that
the defendant's sole purpose was to induce the
victim to take reasonable action to make good the
wrong which was the subject of such threatened
charge.
Chapter 5.
Offenses a~ainst the public peace.
5-5-101 DEFINITIONS In this Title:
(A)
"Private gathering" means a gathering to which
invitations are required and includes company
parties, class and family reunions, service
club functions, church and fraternal picnics,
weddings and wedding receptions, and other
gatherings sponsored by organizations;
(B)
"Park" means any and all land owned, leased,
controlled or maintained by the City of
McCall, Valley County, the State of Idaho, or
the United States, for public recreational
purposes, including beaches, docks, wharves,
piers, campgrounds, picnic areas, boat
launching ramps, and land and water;
(3)
"Public property and facilities" means
buildings and fixtures belonging to the City
ORDINANCE NO. 606, AS ADOPTED May 14, 1992 page 18
(E)
(F)
(G)
(H)
(i)
Occupying, lodging or sleeping in any
building, structure or place, whether public
or private, or in any automobile, truck,
airplane or other place or equipment without
the permission of the owner or the person
better entitled to the possession or control
thereof; or
being inebriated or under the influence of a
controlled substance, in a public place or in
any place exposed to public view, and
conducting oneself, whether or not by
conscious design, in such fashion as to
interfere with, or obstruct the free use of
any street, sidewalk, or other public way, or
place open to the public or exposed to public
view; or
Loitering, prowling, or wandering upon the
private property of another, without visible
or lawful business with the owner or occupants
thereof; or
Loitering, or remaining in a school, or on
land surrounding and associated with the
school such as but not limited to parking lots
and athletic fields, or loitering, prowling,
or wandering on streets or vacant property
within sight of a school, not having any
relationship involving custody of or
responsibility for a child attending the
school, or any other specific, legitimate
reason for being there, and not having written
permission to be there from the principal or
other chief administrator of the school; or
Entering any lands or buildings, or exterior
stairways, porches, covered walks, or decks of
the same, whether enclosed or unenclosed, for
the purpose of injuring any property or
property rights or with the intention of
interfering with, obstructing, or injuring any
lawful business or occupation carried on by
the owner of such land or building, his agent,
or by the person or persons having a superior
right of possession to the same; or loitering
in such a place and refusing to depart from
and remain away from such place, not having
any specific, legitimate reason for being
there; it is not a legitimate reason to be in
a place, that it is susceptible to use for a
purpose of the offender if that purpose does
ORDINANCE NO. 606, AS ADOPTED May 14, 1992 page 20
5-5-103
not serve the interests of the person or
persons having a superior right of possession.
PROHIBITIONS. It is unlawful to:
(A) Engage in disorderly conduct.
Hold a private gathering in a park at which
alcoholic beverages are being consumed without
a catering permit under the alcoholic beverage
control laws; or to refuse to exhibit such
permit to a peace officer or other public
employee having jurisdiction over the land
under Title 8 of this Code.
(c)
Damage or deface public property and
facilities. "Deface" includes without
limitation the application of paint to public
property and facilities other than in accord
with the permission of the owner of the same.
(D)
Violate any rule or regulation of the public
agency managing a park with respect to conduct
in that park.
(E)
Throw a foreign object at or in the direction
of a peace officer, fireman, or other public
employee engaged in the execution of his
office.
Subchapter C
5-5-301 DEFINITIONS.
301, et seq.:
In this Subchapter (Section 5-5-
(A)
"Waste matter" means any kind of liquid or
solid waste, including without limitation
trash, household garbage or refuse of any
kind; litter; commercial waste; industrial or
construction or demolition debris of any kind,
such as rubble, broken asphalt, and concrete;
crates, cartons, metal, glass; appliances or
appliance shells; vehicle bodies and parts; or
accumulations of manure. Waste matter also
includes anything that is or was in a
container as defined in this section, or that
is or was in a truck or other vehicle on its
way to a landfill or waste transfer site. For
waste matter which is hazardous material, see
Section 5-3-501 above.
(B)
"Container" means a garbage can, dumpster, or
any other kind of storage device customarily
ORDINANCE NO. 606, AS ADOPTED May 14, 1992 page 21
sold or rented for use as for temporary
storage of waste matter, and lawfully located
on the property in question; and.
(C) "Nuisance" means:
(1)
an uncovered container holding waste
matter; or a such a container with a
cover which is not secure against dogs;
(2) waste matter not in a container;
(3)
waste matter stored in such fashion that
it or any of it may enter the waters of a
stream or lake, directly or indirectly,
or come to be in contact with such
waters;
(4)
waste matter or dry or dead vegetative
matter so located as to constitute a fire
hazard to buildings or lands, and
vegetative matter which will in the
ordinary course become such a hazard, but
not hay or other agricultural product
stored in a fashion customary on farms in
the community and in accord with the
Uniform Fire Code;
(5)
waste matter or one or more containers
which by reason of its or their location
and character is unsightly and interferes
with the reasonable enjoyment of adjacent
or nearby property;
(6)
a motor vehicle that is unregistered; or
a registered, but inoperable motor
vehicle, not being diligently worked upon
toward the goal of its becoming operable;
or more than one inoperable motor
vehicles at a location which is not the
lawful location of a motor vehicle repair
business. "Inoperable" means lacking one
or more parts necessary to lawful
operation on the streets;
(7)
a building that has been condemned as
unfit for human occupancy; or, a building
that is not enclosed against the weather,
by reason of broken or missing windows or
doors, or substantial roofing
deficiencies, or has rotting or otherwise
unsafe floors or walls; except a building
damaged by fire or other casualty, which
building is being diligently repaired.
ORDINANCE NO. 606, AS ADOPTED May 14, 1992 page 22
5-5-302 PROHIBITIONS. It is unlawful to:
(A)
cause or permit any vehicle being used for the
transportation of waste matter to be so loaded
or in such condition or so uncovered that
waste matter escapes from the vehicle while
being driven; or
discharge waste matter onto the surface of the
earth or beneath the surface of the earth
other than into a container, or into any
stream or lake or other water body; or
(c)
cause a nuisance or permit a nuisance to
continue, on property in the possession of the
offender, or on any abutting street, sidewalk,
or right of way.
5-5-303 PENALTIES AND ABATEMENT. A violation of this
chapter as to waste matter is an infraction, and as
to vehicles or buildings is a misdemeanor; and in
any case is subject to abatement action. Enforce-
ment may be by the Department or by the Fire Chief.
5-5-304 ABATEMENT PROCEDURE.
(A)
The Board of Appeals under Chapter 5 of the
Uniform Code for the Abatement of Dangerous
Buildings shall be the City Council. The
balance of this section governs abatement of
nuisances not covered by the Uniform Code for
the Abatement of Dangerous Buildings.
(B)
The existence of a nuisance may be declared by
the Chief or the Fire Chief. The declaration
shall contain:
(1)
a short, but descriptive statement of the
nuisance which is declared to exist;
(2) its location;
(3)
the name of the person or persons thought
to be responsible;
(4)
a statement of a date, not less than 10
days after the mailing of such notice,
which shall be the last date on which the
addressee or other claimant of the
affected property or offending objects
can demand a hearing;
ORDINANCE NO. 606, AS ADOPTED May 14, 1992 page 23
(B)
(c)
(D)
(5)
a statement that such hearing would be
for the purpose of determining anew
whether the nuisance exists; and
(6)
directions for the mailing of such a
demand for hearing to the City Clerk
(7)
a statement that if no hearing is
demanded, or if the result of the hearing
is to the effect that a nuisance exists,
the owner or other addressee has ten days
to commence and thereafter diligently to
pursue and complete abatement by his own
action, failing which the City will
conduct the abatement and assess back the
costs thereof against the property in
like fashion as for tax assessments.
A copy of such declaration shall be
(1)
sent by certified mail, return receipt
requested, to the last known owner at his
last known address; the address given in
the real property tax assessor's records
is sufficient;
(2)
posted in a conspicuous location upon the
real property upon which the nuisance is
declared to exist; or upon the private
property abutting the public property, if
the nuisance is on public property; and
upon a vehicle in question if one or more
vehicles are the nuisance.
Hearings shall be conducted in front of the
Zoning Board of Examiners and Appeals; if the
Mayor and City Council have not appointed such
a Board, the hearing shall be in front of the
Mayor and Council.
In the event a hearing is
(a)
not demanded, the declaration shall be
conclusive upon all persons as to the
existence of the nuisance.
(2)
demanded and conducted, the announcement
of the decision of the hearing and entry
of it in the minutes of the meeting shall
be conclusive upon all persons as to the
existence of the nuisance, subject to the
right of appeal to the District Court as
in the case of appeals from the grant or
ORDINANCE NO. 606, AS ADOPTED May 14, 1992 page 24
(D)
denial of a special or conditional use
under the zoning laws.
In the event a declaration of a nuisance so
becomes conclusive, the Chief shall take steps
to cause the abatement of the nuisance by
removal of offending materials, whether by
fire suppression exercise, by use of City
employees, or by letting an appropriate
contract in accord with the contracting
procedures of the City. The cost of abatement
shall be calculated, and shall become a lien
upon the property as is provided for building
abatement in the Uniform Code for the
Abatement of Dangerous Buildings.
Alternatively, the costs may be recovered in a
civil action brought by the City, or assessed
as additional penalties in a misdemeanor
prosecution. If the offending material is one
or more motor vehicles, the Chief shall see to
their sale for salvage, and appropriate notice
shall be given to the State motor vehicle
title authorities.
5-5-401
(A)
(B)
(c)
(D)
Subchapter D
Trespass and Malicious Mischief
DEFINITIONS In this subchapter,
"Property" means real property, including also
mobile homes, campers, and like movable
personal property intended for use temporarily
or permanently as human habitation.
"Limited common area" means a porch, deck,
stairwell, staircase, garage, or other area of
real property in which an owner has a right of
possession superior to the right of the
general public, but which right of possession
is not exclusively in one owner; such as, for
one example, the stairs and hallways of a
business or residential structure different
interior portions of which are owned or
possessed by different owners.
"Owner" means, as to the offender, any person
with a superior right of possession of the
property, whether because an owner, a tenant,
or a tenant by sufferance, or otherwise.
"Personalty" means motor vehicles, motor
bikes, bicycles, and other tangible personal
property of an owner.
ORDINANCE NO. 606, AS ADOPTED May 14, 1992 page 25
5-5-402 PROHIBITION In is unlawful to enter or to go
into the possession of property or personalty of an
owner without the consent of that owner, or to
exercise any form of dominion or control over any
of such property or personalty, or fixtures or
improvements located on it. The generality of the
foregoing not being limited, it is unlawful without
the consent of that owner (or if the owner is a
minor, the minor's parent or guardian):
(A)
to cut or take down a fence of an owner, or to
let down bars of a fence or open a gate and
not immediately close it;
(B)
to deface by bending, breaking, or scarring,
or by paint, crayon, or otherwise, the
property or personalty of an owner;
(c)
having entered upon property, to fail or
refuse to leave the same upon request of an
owner, or to re-enter after such a leaving;
(D)
to enter the residence of an owner, the
business of an owner, or limited common area
appurtenant to that residence or business;
Nothing in this section shall have any effect upon
the powers of a peace officer under circumstances
that he may otherwise lawfully enter property
without the consent of an owner.
5-5-403 PENALTIES. A violation of this subchapter is
an infraction, unless physical damage to an owner's
property has occurred, in which case the violation
may be charged as a misdemeanor, with each item of
property damaged establishing a separate offense.
Subchapter E
False Alarms and False Police Reports
5-5-501 FALSE REPORTS. It is unlawful and an
misdemeanor to make a report to a peace officer
(alleging breach of law) or emergency medical
personnel (alleging medical emergency) or fire
department personnel (alleging fire) or to the
person or office of the person that dispatches the
same, which report is known by the maker to be
false when made; or to cause a fire or burglar
alarm to sound or dial as for an fire or burglary,
the offender knowing at the time that there was no
fire or no burglary. It is an infraction
unintentionally to set off a burglar alarm, without
ORDINANCE NO. 606, AS ADOPTED May 14, 1992 page 26
then promptly taking steps to notify the Department
that an accidental triggering of the alarm has
occurred, or to permit a burglar or fire alarm to
go off by reason of malfunction more than three
times without taking proper steps to correct the
condition causing the malfunction.
Subchapter F
Unlawful Assembly
5-5-601 DEFINITIONS.
(A)
"Unlawful assembly" means the gathering together of
two or more persons with the intent, which may be
inferred from the effect:
(1) to do another unlawful act; or
(2)
to do a lawful act in a violent, boisterous or
tumultuous manner.
(B)
"Riot" means as a noun an unlawful assembly which
has resulted in damage to property or injury to a
person, and as a verb the performing of acts
constituting the riot.
5-5-602 PROHIBITION. Unlawful assembly is an
infraction if injury to person or property neither
occurs nor is threatened; otherwise it is a
misdemeanor; and in either case is a violation of
this section. Riot is a misdemeanor.
5-5-603 CUSTODY.
(A)
In the event unlawful assembly or riot occurs
and causes or threatens to cause physical
injury to persons, or damage or destruction to
property, officers of the Department are
authorized to take offenders into custody for
a misdemeanor committed in their presence.
(B)
The Chief has the authority in time of riot or
unlawful assembly involving more than two or
three persons, to contract for emergency
detention space.
Subchapter G
5-5-701 FIREARMS.
(A)
It is unlawful to be in the possession of a firearm
while committing any other offense defined in this
Title, and the possession of such firearm during
ORDINANCE NO. 606, AS ADOPTED May 14, 1992 page 27
(B)
(c)
(C)
(D)
the commission of such other offense shall be a
separate misdemeanor.
It is unlawful for any person other than a peace
officer to be in a public place or a place of
business within the city in possession of a firearm
which is loaded, that is, has a bullet or sabot or
equivalent device in its chamber, cylinder, or
magazine, unless
(1)
such person has previously received written
permission from the Chief of Police issued
because the Chief of Police is persuaded that
the person's life is in danger and that
carrying a loaded weapon will not exacerbate
the problem.
(2)
such person is engaged in the lawful use of
the weapon, at a lawful place for target
practice, or in the defense of life or in the
assistance of a peace officer at the request
of the peace officer.
(3)
such person is the owner or manager of the
place of business in question and has the
weapon in a properly secured location where it
cannot be touched by business invitees or
unauthorized employees.
It is unlawful for any person not a peace officer
to carry a concealed weapon, unless such person
possesses a valid permit issued to him by the
Sheriff of an Idaho County, for the carrying of
concealed weapons; or having such a permit, to
refuse to display it to a peace officer.
It is unlawful for any person other than a peace
officer, and other than the owner or manager of the
business, to be in possession of a firearm on
premises where the sale of alcoholic beverages by
the drink is licensed, during hours when such
beverages are being sold. It is not a violation of
this subsection for a person to turn such firearm
over to an employee of the business for safekeeping
while on the premises.
It is unlawful for any person to return a firearm
to its owner if such owner is under the influence
of intoxicants or controlled substances (as defined
in this title by reference to the Idaho Code) at
the time.
ORDINANCE NO. 606, AS ADOPTED May 14, 1992 page 28
Chapter 6.
Vehicle and Boat Regulation
Ne~liaent Drivina
5-6-101 NEGLIGENT DRIVING. It is unlawful to operate a
motor vehicle in negligent manner within the City.
5-6-102 PRESUMPTIONS. Without limiting the generality
of section 5-6-101, a person operates a motor
vehicle in a negligent manner if the vehicle:
(A)
Is involved in a collision with a telephone
pole, tree, building, or any other fixed
object.
(B) Unlawfully crosses the centerline of the road.
(c)
Is being operated without its headlights on,
during hours of darkness or in fog.
(D)
Is in the physical control of a person with a
blood alcohol content of 0.08%, control and
blood alcohol content having the meaning and
being established as provided in Title 18,
Chapter 80, of the Idaho Code.
(E)
Is being driven at a speed in excess of the
posted speed.
5-6-103 PENALTIES. A violation of section 5-6-101 is:
(A)
An infraction if there is no resulting injury
to a person or to a second person's property.
(B)
In all cases not described in (A), a
misdemeanor.
Parkin~ regulation
5-6-201 AUTHORITY TO REGULATE.
(A)
The Chief may regulate parking by causing the
placement of traffic control devices advising the
public that parking is prohibited or restricted.
Violations of the restrictions or prohibitions
stated on such City signs is unlawful. Ail signs
in place March 19, 1992, or placed at the direction
of the Chief after that date, are declared
authorized.
(B)
Curb loading zones may be created by the Chief,
upon payment of a permit fee to the City in an
amount fixed by resolution of the Council, and upon
ORDINANCE NO. 606, AS ADOPTED May 14, 1992 page 29
the Permittee's erection at each end of such zone
an official traffic control device indicating such
zone.
(c)
The authority of the City to place other traffic
control devices is delegated to the Chief.
Violations of the restrictions or prohibitions
stated on such City signs is unlawful.
5-6-202 GENERAL PROVISIONS AND PRESUMPTIONS.
(A)
It is unlawful for any person to park a motor
vehicle for a period of time longer than two hours
between the hours of eight o'clock AM through six
o'clock PM of any day on the following streets:
(i)
Those portions of Lake Street, of Lenora
Street, and of Park Street, that are
between First and Third Streets;
(2)
Those portions of First Street, of Second
Street, and of Third Street, that are
between Lake and Park Streets.
(B)
Except when being diligently loaded or unloaded
from or to an adjacent business, it is unlawful for
a truck larger than a standard pick-up truck, or
for a truck trailer, to be parked on a street or
alley within the Central Business District as
defined on the Zoning Map; or, if not so defined on
the Zoning Map, then within the street segments
described in subsection (A) above.
(c)
It is unlawful to park a motor vehicle within a
street or highway right of way for purposes of
displaying such vehicle for sale; or for purposes
of washing, greasing, oiling, or repair, except
when the vehicle is undergoing emergency repairs.
(D)
Whenever an vehicle is ticketed for unlawful
parking, the registered owner of the same shall be
presumed to have been the operator; such
presumption may be overcome only by the owner's
producing another person who admits to the parking
violation and pays the penalty.
(E)
A violation of a State Motor Vehicle Code (Title
49, Idaho Code) provision within the City is
unlawful. Violation of a rule or regulation
promulgated by the Chief pursuant to authority in
such Title 49 is unlawful.
(F)
Parking tickets or citations shall be infraction
citations upon the uniform state form.
ORDINANCE NO. 606, AS ADOPTED May 14, 1992 page 30
5-6-203 PONDEROSA STATE PARK RULES AND REGULATIONS
(A)
In Ponderosa State Park all motorized and off-road
vehicles shall stay on authorized and established
park roadways. The drivers of all such vehicles
operated within such Park shall be licensed or
certified as required under State law for the type
of vehicle operated. Parking is allowed only in
areas designated for that use by the park manager.
(B)
It is unlawful to park a vehicle within the
boundaries of Ponderosa State Park unless it bears
a current motorized vehicle entrance permit issued
by the Idaho State Department of Parks and
Recreation.
(c)
Within the boundaries of Ponderosa State Park those
persons designated as special deputies pursuant to
Rule IDAPA 26.01.2 of the Idaho Department of Parks
and Recreation and IC 67-2901(5), as well as
officers of the Department, are authorized to issue
City of McCall parking citations for violation of
this section.
5-6-204 PENALTIES FOR PARKING VIOLATIONS.
(A)
A person liable upon a parking ticket shall pay a
penalty as follows:
(i)
Within forty-eight hours of the time of the
issuance of said parking violation ticket, pay
to the traffic ticket section of the City
Treasurer's office in full satisfaction of
such violation, the penalty fixed by
resolution of the City Council with respect to
such violations for each such notice left upon
his or her vehicle; or
(2)
Within ten days from the date of said parking
violation ticket, pay to the traffic ticket
section of the City Treasurer's office in full
satisfaction of such violation an amount equal
to twice the penalty fixed under paragraph (1)
above.
(B)
The failure of any owner or operator to make
payment to the traffic ticket section of the City
Treasurer's office within the times prescribed is
an infraction punishable as provided in Section 5-
1-201 of this Title and as provided in the Idaho
Code with respect to motor vehicle infractions.
ORDINANCE NO. 606, AS ADOPTED May 14, 1992 page 31
~. Title V, Chapters 7, 8 and 9 are amended by
redesignating certain of their sections as follows:
former number
5-6-303
5-6-304
5-6-305
5-6-306
5-6-403
5-6-404
5-6-405
5-6-406
by repealing section 5-7-7, section 5-7-6, and reenacting
section 5-7-6 as amended as follows:
5-6-307 PENALTIES. A violation of this subchapter
(section 5-6-301, et seq.) is an infraction; except
that if injury to a second person or his property
results, a violation of this chapter is a
misdemeanor.
by repealing section 5-9-7 and section 5-9-8 and reenacting
5-9-7 as amended as follows:
5-6-407 PENALTIES. A violation of this subchapter
(section 5-6-401, et seq.) is an infraction; except
that if injury to a second person or his property
results, a violation of this chapter is a
misdemeanor.
and by repealing section 5-8-3 and reenacting it as amended
as follows:
5-5-203 PENALTIES. A violation of this subchapter
(section 5-5-201, et seq.) is an infraction.
~u~i~D~. Title 1, Chapter 9, Section 9, Subsection
(E) is amended by adding at the end:
The City Attorney is ex-officio the City
Prosecutor, unless and until the Mayor with the
advice and consent of the Council appoints a
different person to the office of City Prosecutor.
ORDINANCE NO. 606, AS ADOPTED May 14, 1992 page 32
~G/-~D~_~. This Ordinance shall be in full force and
effect from and after its passage, approval and publication
as required by law; any violation of any provision of the
McCall City Code repealed by this Ordinance, committed before
the effective date of this Ordinance may be prosecuted in
like fashion as if such repeal had not occurred.
Passed and approved May 14, 1992.
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City C,~rk
ORDINANCE NO. 606, AS ADOPTED May 14, 1992 page 33
RESOLUTION NO. 23-92
DRUG-FREE WORKPLACE POLICY
A RESOLUTION OF THE CITY OF McCALL, IDAHO, RELATING TO
PERSONNEL; ESTABLISHING A DRUG-FREE WORKPLACE POLICY.
WHEREAS
1. The City of McCall has employees who perform valuable
services to improve the public health and safety as well a
providing cultural and recreational opportunities for the
citizens of McCall.
2. It has been clearly established that the use of
illegal drugs and the abuse of other drugs is detrimental to
the health of the user and dangerous to those around him or
her. Further, the use of illegal drugs undermines the
quality of work performed by the user and degrades the
credibility of the City staff.
NOW, THEREFORE, BE IT RESOLVED by the Mayor and Council of
the City of McCall that:
Section 1. Effective immediately, any location at which
City business is conducted is declared to be a Drug-free
Workplace. This means:
a. Ail employees are absolutely prohibited from
manufacturing, distributing, dispensing, possessing, or using
controlled substances in the workplace. Controlled
substances include but are not limited to the following:
- Narcotics (heroin, morphine, etc.)
- Cannabis (marijuana, hashish)
- Stimulants (cocaine, diet pills, etc.)
- Depressants (tranquilizers)
- Hallucinogens (PCP, LSD, "designer drugs" etc.)
Except pursuant to a physician's instructions with
respect to prescription medications, and except when
possessed by police officers in the course and scope of their
duties and not for consumption.
b. Any employee violating the above policy is
subject to discipline, up to and including termination, for
the first or any subsequent offenses.
-~- RESOLUTION 23-92, May 14, 1992 Page 1
c. Employees have the right to know the dangers
of drug abuse in the workplace, the City's policy about them,
and what help is available to combat drug problems. This
document sets out the City's policy. The City will institute
an education program for all employees on the dangers of drug
abuse in the workplace. To assist employees in overcoming
drug abuse problems, the city may offer the following
rehabilitative help;
- Medical benefits for substance-abuse treatment
- Information about community resources for assessment
and treatment
- Counseling program
- Employee Assistance Program
d. In addition, the City will provide training to
supervisors to assist in identifying and addressing illegal
drug use by employees.
e. Any employee convicted of violating a criminal
drug statute must inform the City, in writing, of such
conviction (including pleas of guilty or withheld judgements)
within five days of the same occurring. Failure to so inform
the City, in writing, subjects the employee to disciplinary
action, up to and including termination for the first and any
subsequent offenses. By law, the City will notify any
granting agency within 10 days of receiving such notice from
and employee or otherwise receiving notice of such a
conviction.
f. The City reserves the right to offer employees
convicted of violating a criminal drug statute in the
workplace the option of participation in an approved
rehabilitation or drug abuse assistance program as an
alternative to discipline. If such a program is offered, and
accepted by the employee, then the employee must
satisfactorily complete the program as a condition of
continued employment.
Section 2. Ail employees will be asked to acknowledge
that they have read the above policy and agree to abide by it
in all respects. By law, their continued employment with
this organization is conditioned on their abiding by the
terms of this policy. Written consent is not required.
RESOLUTION 23-92, May 14, 1992 Page 2
Section 3.
DEFINITIONS. As used in this resolution:
a. Controlled substance means a controlled
substance in schedules I through V of section 202 of the
Controlled Substances Act (21 U.S.C. 812) and as further
defined in regulation at 21 CFR 1308.11 - 1308.15 and/or as
defined in the Uniform Controlled Substances Act, Idaho Code
37-2701, et seq.
b. -~ Conviction means a finding of guilt (including
a plea of nolo contendere) or imposition of sentence, or
both, by any judicial body charged with the responsibility to
determine violations of Federal or State criminal drug
statutes.
c. Criminal drug statute means a Federal or State
criminal statute involving the manufacture, distribution,
dispensing, possession or use of any controlled substance.
d. Workplace means the site(s) for the
performance of work done by City employees, including but not
limited to City-owned buildings, property, facilities,
vehicles and any other site where City employees perform work
as a part of their employment, wherein City employees are
prohibited from the unlawful manufacture, distribution,
dispensing, possession, or use of a controlled substance.
e. Employee means a person engaged to perform
work for the City, including, full-time, part-time,
temporary, ana seasonal works. As used in this policy, the
torm also includes elected and appointed officials, voluntary
commission and advisory committee members and person
fulfilling community service obligations with the City.
Passed and approved this 14th day of May 1992.
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City- C~rk
RESOLUTION 23-92, May 14, 1992 Page 3
RESOLUTION NO. 24-92
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF McCALL,
IDAHO, RELATING TO THE BASIC PARKING VIOLATION PENALTY.
WHEREAS
1. Section 5-6-204 of the McCall City Code provides
the Mayor and Council shall set the basic parking violation
penalty by resolution; and
2. Parking regulation enforcement is important to
retail businesses in the areas where parking is regulated,
BE IT RESOLVED by the Mayor and Council of the City of
McCall that:
Section 1. The basic penalty for the violation of the
parking regulations shall be set at $5.00.
Section 2. This penalty shall be in effect immediately upon
the passage of this resolution.
Passed and approved May 14, 1992.
RESOLUTION NO. 24-92, May 14, 1992
RESOLUTION NO. 25-92
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF McCALL,
IDAHO, RELATING TO FIREWORKS AND THE DROUGHT, AND IN SUPPORT
OF RESOLUTE ACTION BY THE FIRE CHIEF.
WHEREAS:
1. The State of Idaho and Valley County have had six years
of drought, and the Palmer Drought Index lists Central
Idaho, of which Valley County is part, as being in "extreme"
drought conditions;
2. The 50-year average for rain in May is 2.30 inches, but
thus far we have had only .11 inches of rain;
3. The long-range weather forecast calls for below normal
rain and above normal temperatures;
4. According to measure by the USFS the moisture content
in this area for 1,000 hour fuels is 15%, as compared with
an industrial standard for kiln-dried lumber of 23%;
5. Fireworks are a known ignition source for fires;
6. The Uniform Fire Code and the McCall City Code give the
option to the Fire Chief to declare an extreme fire hazard
area and condition exists, as a consequence of which
declaration the use and possession of fireworks becomes
illegal; and
7. The Fire Chief desires and plans to declare that such a
fire hazard area and condition exists within the City of
McCall;
BE IT RESOLVED by the Mayor and Council of the City of
McCall that:
Section 1. The Mayor and Council concur in the judgment of
the Fire Chief, commend his willingness to stand upon
principle, and direct the Police Chief to cooperate in
enforcing the ban on fireworks use and possession.
Section 2. Direct that the declaration of the Fire Chief
and this Resolution be published in the Central Idaho Star-
News.
Passed and approved May 14, 1992.
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