HomeMy Public PortalAboutResolution 26-92 Approval of the summary of ordinance 606 RESOLUTION NO47 -92
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF McCALL,
IDAHO, RELATING TO APPROVAL OF THE SUMMARY OF ORD . 606.
WHEREAS
1 . Ordinance 606, relating to the public peace, etc. , is
some 33 pages in length, and a summary of it has been
prepared that is 7 pages in length,
2 . The Idaho Code permits publication of a summary in lieu
of a verbatim publication of the entire ordinance, and
3 . The cost of publication is directly related to the
length of the material published;
BE IT RESOLVED by the Mayor and Council of the City of
McCall that :
Section 1 . The document entitled "A Summary Pursuant to
Idaho Code 50-901A of City of McCall Ordinance No . 606, "
pages one through seven, is approved by the Mayor and
Council .
Section 2 . Such Summary shall be published in the Central
Idaho Star-News forthwith.
Passed and approved May 28, 1992, 1992 .
Mayor
ATT ST:
ity
A SUMMARY PURSUANT TO IDAHO CODE 50-901A
OF CITY OF McCALL ORDINANCE NO. 606
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 :
Section 1 . of the ordinance repeals Titles V, VI, and
VII, McCall City Code, and re-enacts them with modifications
as Title V, Public Safety, except for Chapters 7, 8 and 9 of
former Title V which are recodified in Section 2 of this
ordinance.
Section 5-1-101 contains certain definitions of terms used in
the rest of the ordinance.
Section 5-1-102 summarizes the duties of the Police Chief
and the Police Department .
Section 5-1-103 addresses the Department ' s duties respecting
other Titles of the Municipal Code, and specifies the overall
command of the Mayor.
Chapter 2 . contains General Provisions
Section 5-2-101 contains certain definitions of terms used in
the balance of the title, including the terms "infraction, "
"misdemeanor, " "person. " It also specifies that where an
offense is committed by a person who is not a natural person,
the natural person who directed the commission of the
offense, and the natural person physically performing the
acts constituting the offense, are jointly and severally
subject to prosecution and penalties .
Section 5-2-102 specifies that 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; and that 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.
Section 5-2-102 further provides that a civil penalty not to
exceed $1, 000 per commercial unit may be assessed by the
Court in the case of controlled substance offenses, delivery
of alcoholic beverages or tobacco to minors, habitual
property crime offenders, and negligent driving involving
SUMMARY OF ORD. NO. 606, of May 14, 1992 page 1
alcohol, and driving under the influence. In determining
whether or not to impose such a penalty, the Court is to
consider whether the case is 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.
Section 5-2-102 further provides that 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 .
Section 5-2-102 further provides that continuing offenses are
deemed to be a separate offense committed each day.
Section 5-2-103 provides that the existence of certain other
statutes is not a defense.
Section 5-2-104 deals with the circumstances justifying an
arrest . .
Chapter 3 deals with Offenses harmful or threatening to
people
Subchapter A. deals with Assaults and Batteries
Section 5-3-101 defines assault, battery, and family member.
Section 5-3-102 prohibits assault and battery.
Subchapter B. deals with Controlled Substances . This
subchapter is modeled closely on equivalent provisions of the
Idaho Code.
Section 5-3-201 defines "Controlled substance, " "deliver, "
"manufacture, " and "Commercial unit, " and provides that the
sworn testimony of an experienced police officer is competent
to establish what is a commercial unit .
Section 5-3-202 prohibits the manufacture, delivery, or
possession with intent to manufacture or deliver, or other
possession of a controlled substance, or possession of drug
paraphernalia. Section 5-3-202 further provides that 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 as an infraction depending
upon character, demeanor and attitude .
SUMMARY OF ORD . NO. 606, of May 14, 1992 page 2
Subchapter C. deals with Furnishing Harmful Substances to
Minors
Section 5-3-301 provides that it is unlawful for a person,
being over the age of 18 years, to purchase a cigarette,
tobacco, or an alcoholic beverage, for delivery to a minor,
or to sell a cigrette, tobacco, or an alcoholic beverage to
a minor; and that it is prima facie evidence of intent to
violate this ordinance that a person delivers a cigarette,
tobacco, or an alcoholic beverage to a minor; and provides
that violation of this section is a misdemeanor.
Subchapter D. deals with Fireworks and Explosives
Section 5-3-401 provides that the definitions in the Uniform
Fire Code apply to this subchapter D, and further defines
"Discharge, " "Fireworks package, " and "Permitted fireworks . "
Section 5-3-402 recognizes that the Uniform Fire Code,
Section 78 . 101, et seq. , regulates fireworks and generally
prohibits them, and modifies Section 78 . 202 to the extent of
Section 5-3-403 . Section 5-3-401 specifies that certain
fireworks related activities are illegal .
Section 5-3-403 provides that possession of fireworks is
lawful in certain cases, defines what sorts of organizations
may seek a permit and the procedure, specifies a period each
year when the sale of permitted fireworks is legal, and
restricts their use to that period, authorizes the Fire Chief
to ban the sale or use of fireworks during that or any other
period when the existence of hazardous fire areas or
hazardous fire conditions is publicly declared by the Chief.
Fireworks in violation of this Section are subject to
seizure.
Section 5-3-401 specifies who may enforce the subchapter and
how offenses against it are to be classified.
Subchapter E. deals with Hazardous Material Storage and
Transport
Section 5-3-501 defines "Hazardous material, " and "Hazardous
material container. "
Section 5-3-502 prohibits the transport, or storage, or
discharge of 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; and the discharge of hazardous
material on the ground or into surface or ground waters, or
underground, other than into a hazardous material container.
Section 5-3-503 provides authority for enforcement .
SUMMARY OF ORD. NO. 606, of May 14, 1992 page 3
Chapter 4 . has to do with Offenses harmful to property rights
or the public health
Subchapter A has to do with Unlawful Fires
Section 5-4-101 prohibits deliberately or negligently
starting a fire in specified locations, or using certain
fuels, or under certain circumstances, and provides that it
is prima facie evidence of negligence that the fire escapes.
Section 5-4-102 provides authority for enforcement .
Subchapter B has to do with Theft. This subchapter is
modeled closely on equivalent provisions of the Idaho Code.
Section 5-4-201 provides that 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; and that 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.
Section 5-4-202 contains numerous definitions applicable to
this subchapter.
Section 5-4-203 prohibits theft, and specifies various
circumstances that constitute theft .
Section 5-4-204 provides that it is prima facie evidence that
a person commits theft when he as lessee or renter of the
personal property of another fails or refuses to return such
property to its owner after the lease or rental agreement has
expired, and after written demand for its return is
personally served or given; or obtains the lease or rental by
giving certain false information.
Section 5-4-205 provides that certain conduct is prima facie
proof that lodging, food or other accommodation was obtained
by theft .
Section 5-4-206 provides that certain matters are, or are
not, a defense to a charge of theft, in situations of co-
ownership, marriage, or employment, or in the context of a
civil dispute related to a potential criminal charge.
Chapter 5 . relates to Offenses against the public peace.
Section 5-5-101 defines "Private gathering, " "Park, " and
"Public property and facilities . "
Section 5-5-102 defines "Disorderly conduct . "
SUMMARY OF ORD. NO. 606, of May 14, 1992 page 4
Section 5-5-103 prohibits disorderly conduct, unlicensed
private gathering in a park involving alcohol, refusal to
exhibit an alcohol permit, damage or defacing of public
property and facilities, violation of any rule or regulation
of the park, and the throwing of 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 has to do with Nuisances
Section 5-5-301 defines "waste matter, " "container, " and
"nuisance" .
Section 5-5-302 prohibits certain vehicle loading practices;
discharge of waste matter onto or beneath the surface of the
earth other than into a container, or into any stream or lake
or other water body; or causing 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.
Section 5-5-303 provides penalties, classifies offenses, and
authorizes enforcement .
Section 5-5-304 provides abatement procedures, and
integration with the Uniform Code for the Abatement of
Dangerous Buildings .
Subchapter D relates to Trespass and Malicious Mischief
Section 5-5-401 defines "Property, " "Limited common area, "
"Owner, " and "Personalty. "
Section 5-5-402 prohibits entering or going into the
possession of property or personalty or limited common area
of an owner without the consent of that owner, or exercising
any form of dominion or control over it, and certain other
more specific offenses of a trespatory nature, such as to cut
or take down a fence or open a gate; to deface property or
personalty; or to fail or refuse to leave property or limited
common area or to re-enter.
Section 5-5-403 classifies offenses and provides penalties .
Subchapter E relates to False Alarms and False Police Reports
Section 5-5-501 prohibits and classifies offenses related to:
a report to authorities known by the maker to be false;
causing a fire or burglar alarm to go off when the offender
knows there is no fire or no burglary; not promptly taking
steps to notify the authorities that an accidental triggering
of the alarm has occurred; or permitting a burglar or fire
alarm repeatedly to malfunction.
Subchapter F has to do with Unlawful Assembly
Section 5-5-601 defines "Unlawful assembly" and "Riot . " .
SUMMARY OF ORD . NO. 606, of May 14, 1992 page 5
Section 5-5-602 classifies and prohibits unlawful assembly
and riot.
Section 5-5-603 authorizes, in the event of unlawful assembly
or riot, officers to take offenders into custody for a
misdemeanor committed in their, presence, and in the event of
riot a contract for emergency detention space.
Subchapter G has to do with Firearms
Section 5-5-701 prohibits : possession of a firearm while
committing any other offense; being in possession of a loaded
firearm in a public place or place of business, except under
certain circumstances; carrying a concealed weapon without a
permit; refusing to display such a permit; possession of a
firearm on premises where the sale of alcoholic beverages by
the drink is licensed; and return of a firearm to its owner
if under the influence .
Chapter 6 . is created relating to Vehicle and Boat Regulation
(Section 2 of this ordinance merely renumbers existing boat
and showmachine provisions such that they will be in this
Chapter. )
Negligent Driving is covered in a subchapter to this chapter.
Section 5-6-101 prohibits operating a motor vehicle in
negligent manner within the City.
Section 5-6-102 makes certain conduct or events presumptive
evidence of negligence, having to do with collision with a
fixed object, crossing the centerline, operating without
headlights, a blood alcohol content of 0 . 08%, and speeding.
Section 5-6-103 classifies violations of this subchapter
according to consequences of the conduct .
Parking regulation is covered in a subchapter to this
chapter.
Section 5-6-201 confers authority to regulate parking.
Section 5-6-202 provides for two hour parking in the Central
Business District; limits truck and truck trailer parking
within the Central Business District; prohibits displaying
vehicles for sale within a right of way, or washing,
greasing, oiling, or repair in a right of way, except
emergency repairs; provides a presumption that the registered
owner was the operator who parked the vehicle and a procedure
for overcoming the presumption; and that parking tickets or
citations shall be infractions .
Section 5-6-202 further provides that a violation of the
State Motor Vehicle Code (Title 49, Idaho Code) within the
City is unlawful, as is violation of a rule or regulation
pursuant to authority in such Title 49.
SUMMARY OF ORD . NO. 606, of May 14, 1992 page 6
Section 5-6-203 continues former law to the effect that those
portions of Ponderosa State Park within the City limits are
subject to concurrent regulation by the State and City, and
provides authority to City officers to enforce City and State
licensing and parking regulations in the Park, and makes
violations of State rules City offenses; it also authorizes
certain State officers to issue citations for violation of
this Code.
Section 5-6-204 provides for parking penalties to be set by
the City Council by resolution, that the penalty for failure
to pay a ticket within forty-eight hours is twice the regular
penalty, and that failure to make payment is an infraction.
Section 2 . of the Ordinance redesignates certain of the
sections of former Title V, Chapters 7, 8 and 9 to be within
Chapters 5 and 6 of Title V under this ordinance, and
classifies offenses under these sections according to the
consequences of the violation.
Section 3 . of the ordinance amends Title 1, Chapter 9,
Section 9, Subsection (E) to provide that the City Attorney
is ex-officio the City Prosecutor.
Section 4 . of the ordinance provides that it shall be
in full force and effect from and after its passage, approval
and publication as required by law; and that 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 .
(1-Y1.7,1// 41"0
Mayor
ATT =T:
City Clef
STATEMENT OF LEGAL ADVISOR OF CITY
The foregoing SUMMARY is true and complete and provides
adequate notice to the public. flOP
Edward G. Burton
City Attorney and Prosecutor
SUMMARY OF ORD. NO. 606, of May 14, 1992 page 7
L0
Publisher 's Affidavit of Publication E
Lo .
STATE OF IDAHO
a
.ss o
J
County of Valley = C
5 CC
I, Bobette S.Steffler,being duly sworn and say, I am the receptionist ".J
of The Central Idaho Star-News,a weekly newspaper published at McCall, in
the County of Valley,State of Idaho; that said newspaper is in general
circulation in the county of aforesaid and is a legal newspaper;that the
I NOTICE OF RESOLUTION 26-92, a copy of which is enclosed hereto and is
a part hereof,was published in said newspaper once a week for one consecu-
tive week in the regular and entire issue of every number there of during the
period of time of publication,and was published in the newspaper proper and
not in a •t•and that publication of such notice began June 4, 1992
• -••T•Off:��, 199
._ -_,ii "....A[Or
Subscr••ed and o ofe,da*-"e this the 11th day of June, 1992.
STATE • • 'H•
COUNTY OF VALLEY
On this 11th day of June, in the year of 1992, before me,a Notary
Public, personally appeared Bobette S. Steffler,known or identified to me to be
the person whose name subscribed to the within instrument,and being by me
\1 first duly sworn,declared that the statements therein are true, and acknowl-
edged to me that she executed the same.
' ' If L.,, ,,J411.
-- "aim Grote
Notary Public for Idaho
Residing at McCall,Idaho
Commission Expires:1993
• • 0
The
r-News
P.O. Box 985. 1000 First Street
McCall, Idaho 83638 .634-2123
City of McCall PAGE: 1
P.O. Box 1065 INVOICE NO.: 641
McCall, ID 83638 INVOICE DATE: 6/11/92
CUSTOMER ID: CMCAL
TERMS: Net 30
ITEM / DESCRIPTION AMOUNT
LEGAL-RESOLUTION 26-92 307.44
McCALL PLANNING & ZONING
EXHIBIT
RECEIVED
SALES TAX 0.00
TOTAL INVOICE 307.44