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Home My Public Portal AboutOrd. 974 Repeal and replace Subchapter G, Weapons, of Chapter 5, Offenses Against the Public Peace, Title 5, Public SafetyORDINANCE NO.974 AN ORDINANCE OF THE CITY OF McCALL, VALLEY COUNTY, IDAHO REPEALING & REENACTING SUBCHAPTER G, WEAPONS, OF CHAPTER 5, OFFENSES AGAINST THE PUBLIC PEACE, OF TITLE 5, PUBLIC SAFETY, OF THE McCALL CITY CODE TO. DEFINE FIREARMS, AND LAW ENFORCEMENT OFFICER; AND TO PROHIBIT THE DISCHARGE OF ANY FIREARM, SLINGSHOT, ZIP GUN, CROSSBOW, OR BOW AND ARROW WITHIN THE McCALL CITY LIMITS, SUBJECT TO EXCEPTIONS FOR LAW ENFORCEMENT, DEFENSE OF PERSON OR PROPERTY, DEPARTMENT OF FISH AND GAME INSTRUCTORS TEACHING HUNTER SAFETY EDUCATION FOR PURPOSES OF HUNTING LICENSURE; TARGET PRACTICE IN HUNTER SAFETY EDUCATION; APPROVED FACILITIES FOR TARGET PRACTICE; PAINTBALL RECREATION; AND WEAPONS FIRING BLANKS. NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF MCCALL, IDAHO: Section 1: That Subchapter G, Weapons, of Chapter 5, Offenses Against The Public Peace, of Title 5, Public Safety, of the McCall City Code is hereby REPEALED in its entirety. Section 2: That Subchapter G, Weapons, of Chapter 5, Offenses Against The Public Peace, of Title 5, Public Safety, of the McCall City Code is hereby REENACTED as follows, to -wit: See Exhibit A attached hereto and, by this reference, incorporated herein as if set forth in full. PASSED AND APPROVED BY THE MAYOR AND COUNCIL OF THE CITY OF McCALL, VALLEY COUNTY, IDAHO, THIS 29 DAY OF NOVEMBER 2018. Attest: B City Clerk Approved: Page 1 of 3 Ordinance No. 974 Amending Title 5 Subchapter G — Weapons November 29, 2018. EXHIBIT A SUBCHAPTER G. WEAPONS 5-5-710: DEFINITIONS: 5-5-720: DISCHARGE PROHIBITED: 5-5-730: EXCEPTIONS: 5-5-710: DEFINITIONS: The following words, terms and phrases, when used in this chapter, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning: FIREARMS: Any instrument used in the propulsion of shot, shell or bullets, or other harmful objects by the action of gunpowder exploded within it, or by the action of compressed air within it, or by the power of springs and including what are commonly known as air rifles and BB guns. LAW ENFORCEMENT OFFICER: Any court personnel, sheriff, constable, peace officer, state police officer, correctional, probation or parole official, prosecuting attorney, city attorney, attorney general, or their employees or agents, or any other person charged with the duty of enforcement of the criminal, traffic or penal laws of this state or any other law enforcement personnel or peace officer as defined in chapter 51, title 19, Idaho Code. 5-5-720: DISCHARGE PROHIBITED: It is unlawful for any person to discharge, within the limits of the city, any "firearms", as defined in section 5-5-710 of this chapter, slingshots, zip guns, crossbows, or bows and arrows. 5-5-730: EXCEPTIONS A person may engage in conduct otherwise prohibited by this chapter under the following circumstances: (A) Law Enforcement: This chapter does not apply to law enforcement officers as defined in this code, while acting in their official capacity. (B) Discharging A Firearm In Defense Of Person Or Property: A person lawfully discharging a firearm in the lawful defense of person or persons or property. (C) Hunter Safety Education: When at the time and place being instructed by an instructor teaching the hunter safety education course of the department of fish and game for purposes of hunting licensure; or (D) Target Practice: When, having successfully passed a hunter safety education course of the department of fish and game for purposes of hunting licensure, using an air rifle, BB gun or a bow, at a target with a backstop that in fact prevents projectiles from escaping from the target and backstop; provided, that a police officer or the fire chief may order that that conduct cease Page 2 of 3 Ordinance No. 974 Amending Title 5 Subchapter G — Weapons November 29, 2018 when concluding that the conduct presents a public safety hazard, and it shall be a violation of this chapter to continue that conduct after such order; or (E) Approved Facility For Target Practice: When at a facility approved by the city council on the favorable recommendation of the police chief for use as a target range with the type of weapon being used, and which facility and weapon are being used in accord with the conditions, if any, placed on such approval; or (F) Paintball Recreation: When at a facility approved by the city council on the favorable recommendation of the police chief for use as a paintball range or course with the type of paintball weapon being used, and which facility and weapon are being used in accord with the conditions, if any, placed on such approval by council, the police chief, or the operators of the range or course, such as, but not limited to, gear for the protection of the eyes. (Ord. 881, 9-23- 2010) (G) Weapons Firing Blanks: The use of starter pistols, Honor Guard firearms, or other blank firing mechanisms shall not be prohibited under this code. Page 3 of 3 Ordinance No. 974 Amending Title 5 Subchapter G — Weapons November 29, 2018 A SUMMARY OF ORDINANCE NO.974 PASSED BY THE CITY OF McCALL, IDAHO AN ORDINANCE OF THE CITY OF McCALL, VALLEY COUNTY, IDAHO REPEALING & REENACTING SUBCHAPTER G, WEAPONS, OF CHAPTER 5, OFFENSES AGAINST THE PUBLIC PEACE, OF TITLE 5, PUBLIC SAFETY, OF THE McCALL CITY CODE TO DEFINE FIREARMS, AND LAW ENFORCEMENT OFFICER; AND TO PROHIBIT THE DISCHARGE OF ANY FIREARM, SLINGSHOT, ZIP GUN, CROSSBOW, OR BOW AND ARROW WITHIN THE McCALL CITY LIMITS, SUBJECT TO EXCEPTIONS FOR LAW ENFORCEMENT, DEFENSE OF PERSON OR PROPERTY, DEPARTMENT OF FISH AND GAME INSTRUCTORS TEACHING HUNTER SAFETY EDUCATION FOR PURPOSES OF HUNTING LICENSURE; TARGET PRACTICE IN HUNTER SAFETY EDUCATION; APPROVED FACILITIES FOR TARGET PRACTICE; PAINTBALL RECREATION; AND WEAPONS FIRING BLANKS. The principal provisions of the Ordinance repeal and replace Subchapter G, Weapons, of Chapter 5, Offenses Against the Public Peace, Title 5, Public Safety, of the McCall City Code • in section 5-5-710, to define "firearms," and "law enforcement officer," • in section 5-5-720, to prohibit the discharge, within the limits of the City of McCall, of any firearm, slingshot, zip gun, crossbow, or bow and arrow • in section 5-5-730, to provide that the prohibitions of Chapter 5 do not apply to law enforcement officers while acting in their official capacity, or to persons lawfully discharging a firearm in the lawful defense of persons or property, or to Department of Fish and Game instructors teaching hunter safety education courses for purposes of hunting licensure, or to target practice in hunter safety education courses, or to - approved facilities for target practice, or to paintball recreation facilities, or to weapons firing blanks. The Ordinance shall take effect upon its passage, approval, and publication in accordance with Idaho law. The full text of the Ordinance is available for review at City Hall and will be provided by the City Clerk to any citizen upon personal request or can be viewed on the City website at www.mccall.id.us. APPROVED BY THE COUN�� pF THE CITY OF McCALL, IDAHO, THIS 29 DAY OF NOVEMBER 2018. .•oF��(cC4,4' .,.�,� "" l ,,,, %Approved: u SEAL E __ * �� L ATTEST: Page 1 of 1 Ordinance No. 974 Summary November 29, 2018 ORDINANCE SUMMARY CERTIFICATION Ordinance No. 974 Certification of City Legal Advisor of the Summary prepared for the above -numbered Ordinance The undersigned City of McCall Legal Advisor, having reviewed the above - numbered Ordinance and the Summary for the above -numbered Ordinance, believes the Summary of the above -numbered Ordinance is true and complete and that it provides adequate notice to the public of the identity and principal provisions of the Ordinance. Dated this 29th day of November, 2018. William F. Nichols Publisher's Affidavit of Publication STATE OF IDAHO .SS County of Valley I, Tricia Warren, being duly sworn and say, I am the office manager of The Star -News, a weekly newspaper published at McCall, in the County of Val- ley, State of Idaho; that said newspaper is in general circulation in the county of afore said and is a legal newspaper; that the PUBLIC NOTICE, a copy of which is enclosed hereto and is a part hereof, was published in said newspaper once a week for a period of one week in the regular and entire issue of every number there of during the period of time of publication, and was published in the newspaper proper and not in a supplement; and that publication of such notice began December 6, 2018 and ended December 6, 2018. iceLI V (�� Subscribed and sworn before me this the 6th day of December, 2018. STATE OF IDAHO COUNTY OF VALLEY On this 6th daof December in the year of 2018, before me, a Notary Public, personally appeared Tricia Warren, known or identified to me to be the person whose name subscribed to the within instrument, and being by me first duly sworn, declared that the statements therein are true, and acknowledged to me that she executed the same. Tom Grote Notary Public for Idaho Residing at McCall, Idaho Commission Expires 1/19/2024 A SUMMARY OF ORDINANCE NO.974 PASSED BY THE CITY OF MCCALL, IDAHO AN ORDINANCE OF THE CITY OF McCALL, VALLEY COUNTY, IDAHO REPEALING & RE- ENACTING SUBCHAPTER G, WEAPONS, OF CHAPTER 5, OFFENSES AGAINST THE PUBLIC PEACE, OF TITLE 5, PUBLIC SAFETY, OF THE McCALL CITY CODE TO DEFINE FIREARMS, AND LAW ENFORCEMENT OFFICER; AND TO PROHIBIT THE DISCHARGE OF ANY FIRE- ARM, SLINGSHOT, ZIP GUN, CROSSBOW, OR BOW AND ARROW WITHIN THE McCALL CITY LIMITS, SUBJECT TO EXCEPTIONS FOR LAW ENFORCEMENT, DEFENSE OF PERSON OR PROPERTY, DEPARTMENT OF FISH AND GAME INSTRUCTORS TEACHING HUNTER SAFETY EDUCATION FOR PURPOSES OF HUNTING LICENSURE; TARGET PRACTICE IN HUNTER SAFETY EDUCATION; APPROVED FACILITIES FOR TARGET PRACTICE; PAINTBALL RECRE- ATION; AND WEAPONS FIRING BLANKS. The principal provisions of the Ordinance repeal and replace Subchapter G, Weapons, of Chapter 5, Offenses Against the Public Peace, Title 5, Public Safety, of the McCall City Code • in section 5-5-710, to define "firearms," and "law enforcement officer," • in section 5-5-720, to prohibit the discharge, within the limits of the City of McCall, of any fire- arm, slingshot, zip gun, crossbow, or bow and arrow • in section 5-5-730, to provide that the prohibi- tions of Chapter 5 do not apply to law enforcement officers while acting in their official capacity, or to persons lawfully discharging a firearm in the lawful defense of persons or property, or to Department of Fish and Game instructors teaching hunter safety edu- cation courses for purposes of hunting licensure, or to target practice in hunter safety education courses, or to approved facilities for target practice, or to paint - ball recreation facilities, or to weapons firing blanks. The Ordinance shall take effect upon its passage, approval, and publication in accordance with Idaho law. The full text of the Ordinance is available for re- view at City Hall and will be provided by the City Clerk to any citizen upon personal request or can be viewed on the City website at www.mccall.id.us. APPROVED BY THE COUNCIL OF THE CITY OF McCALL, IDAHO, THIS 29 DAY OF NOVEM- BER 2018. Approved: By:JACKIE J. AYMON, Mayor ATTEST: By: BessieJo Wagner, City Clerk 1tc12/6