HomeMy Public PortalAboutOrd. 854 - Hours of Operation & Alcoholic Beverages in Harshman & Davis Beach ParksORDINANCE NO. 854
AN ORDINANCE OF THE CITY OF McCALL, A MUNICIPAL CORPORATION OF
THE STATE OF IDAHO, AMENDING TITLE VIII — PUBLIC WAYS AND PROPERTY,
OF THE CITY CODE TO ADOPT THE HOURS OF OPERATIONS IN HARSHMAN
SKATE PARK AND DAVIS BEACH; PROHIBITING ALCOHOLIC BEVERAGES IN
HARSHMAN SKATE PARK; PROVIDING FOR SEVERABILITY; AND PROVIDING
FOR AN EFFECTIVE DATE.
WHEREAS, the City Council of the City of McCall has adopted Applicable Codes
as a part of Title VIII — Public Ways and Property, of the City Code; and
WHEREAS, the City of McCall finds Harshman Skate Park and Davis Beach hours
of operation from dawn till dusk to be a more suitable time due to minimal lighting in the
skate area and to help control noise pollution for surrounding homeowners; and
WHEREAS, The City of McCall finds that the majority of the participants using
Harshman Skate Park are under the age of 21; and
NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND COUNCIL OF
THE CITY OF McCALL, Valley County, Idaho, as follows:
SECTION 1. That Section 7(A) of Chapter 14, Title 8 of the Park Operating Hours of the
McCall City Code, is hereby amended and shall read as follows, to -wit:
8.14.7: PARK OPERATING HOURS:
(A) Hours of Operation: City parks shall be open from six o'clock (6:00)
A.M. to eleven o'clock (11:00) P.M. daily, except that Harshman Skate Park
and Davis Beach which shall be open from sunrise until one-half hour after
sunset. No person shall be or remain in a park when the park is not open
except in the course and scope of employment by the city or by a law
enforcement agency.
SECTION 2: That Section 8(A) and (B) of Chapter 14, Title 8 of the Alcohol in City Parks
of the McCall City Code, is hereby amended and shall read as follows, to -wit:
8.14.8 ALCOHOL IN CITY PARKS: Possession, use and consumption of "alcoholic
beverages", and of "open containers", as both those terms are defined in
subsection 5-5-030(F) of this code, at city parks and park facilities are governed
by the following rules:
(A) All such beverages are prohibited in Harshman Skate Park at all times,
and at all other parks when those parks are closed.
Ordinance No. 854 Page 1 of 2
March 27, 2008
(B) Beer and wine are permitted in parks except Harshman Skate Park (where
no alcoholic beverages are allowed), during open hours, provided that possession
of kegs, pony kegs, and party balls are prohibited without a prior approved park
reservation issued under subsection 8.14.7(B) after consultation with the Chief of
Police.
SECTION 3. Severability. This ordinance is hereby declared to be severable. Should a
court of competent jurisdiction declare any portion of this ordinance invalid, the remaining
provisions shall continue in full force and effect and shall be read to carry out the purpose(s)
of the ordinance before the declaration of partial invalidity.
SECTION 4. Effective Date. This ordinance or a summary thereof, shall be published
once in the official newspaper of the City, and shall take effect upon its passage, approval,
and publication.
PASSED BY THE COUNCIL OF THE CITY OF McCALL, IDAHO, THIS 27th
DAY OF MARCH, 2008.
APPROVED BY THE MAYOR OF THE CITY OF McCALL, IDAHO, THIS 27th
DAY OF MARCH, 2008.
BY:
ATTEST:
6ti4i C: CIMk-
u
ert Kulesza, Mayor
Ordinance No. 854
March 27, 2008
Page 2 of 2
City of McCall
Certificate of Recording Officer
STATE OF IDAHO }
1
County of Valley }
I, the undersigned, the duly appointed, qualified, City Clerk of the City of McCall, Idaho, do hereby
certify the following:
1. That pursuant to the provisions of Section 50-207, Idaho Code, I keep a correct journal
of the proceedings of the Council of the City of McCall, Idaho, and that I am statutory
custodian of all laws, ordinances and resolutions of said City.
2. That the attached Ordinance No. 854 is a true and correct copy of an ordinance passed at
a regular meeting of the Council of the City of McCall held on , 2008 and duly recorded
in my office; and
3. That said regular meeting was duly convened and held in all respects in accordance with
law and to the extent required by law, due and proper notice of such meeting and that a
legally sufficient number of members of the Council voted in the proper manner and for
the passage of said ordinance; and that all other requirements and proceedings incident to
the proper adoption and passage of said ordinance have been duly fulfilled, carried out
and observed; and that I am authorized to execute this certificate.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of the City of
McCall, Idaho this 27th day of March, 2008.
/ et i-p/ CLeAk