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Home My Public Portal AboutOrd. 849 - Snowmobile Ordinance Amendment - Title 5ORDINANCE NUMBER 849 AN ORDINANCE OF THE CITY OF McCALL, VALLEY COUNTY, IDAHO, AMENDING SECTION 320 SUBCHAPTER C OF CHAPTER 6 OF TITLE 5 OF THE SNOWMOBILE ORDINANCE OF THE McCALL CITY CODE BY DELETING TEXT, AND AMENDING SECTIONS 330 (B), SECTION 350 (G), (N), AND (0), AND SECTION 370 (A) AND (B) BY ADDING AND/OR DELETING TEXT AND TO PROVIDE FOR RE -LETTERING OF SECTION 370 (C) TO (B) ALL OF WHICH SECTIONS ARE PART OF SUBCHAPTER C OF CHAPTER 6 OF TITLE 5 OF THE SNOWMOBILE ORDINANCE; AND TO PROVIDE FOR AN EFFECTIVE DATE. NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND THE CITY COUNCIL OF THE CITY OF McCALL, IDAHO: SECTION 1: That Section 320 of Subchapter C of Chapter 6 of Title 5 of the Snowmobile Ordinance of the McCall City Code, is hereby amended and shall read as follows, to -wit: 5.6.320: SNOWMOBILE SAFETY : (A) The operation of a snowmobile on any public street or public land of the City of McCall is a privilege made available to the user through an ordinance of the City creating an exception to State law that would otherwise prohibit any such use. All public lands and rights -of -way are closed to snowmobiles, except as otherwise expressly authorized in this Subchapter. (B) No snowmobile may be operated on any public right of way or public land of the City cover or cowling of the snowmobile so as to be visible to a person looking at each side of the snowmobile from a distance of fifty feet (50'). The issuance of a safety education decal is not intended as any form of promise or guarantee as to the condition of the machine, and no owner or operator shall rely on that issuance as charged with a violation of this subsection prior to the certification by the Chief to the Clerk that safety education decals are available. (C) The form of the safety education decals shall be determined by the Chief of Police education decals shall be sequentially numbered in pairs with numbers of a contrasting color. The form of application for issuance of such safety education decals shall be determined by the Chief of Police; the information required on such application shall include, but need not be limited to: 1. The manufacture, model, and vehicle identification number of the snowmobile to which the safety education decals are to be attached; SNOWMOBILE ORDINANCE - 1 2. The name of the owner thereof; 3. The numbers affixed to such snowmobile under State licensure by Idaho or by the home state of the owner; and /1 A li t of egg Moment which a snowmobile is reguired_to have u nder State of Idaho f f that the snowmobile does comply with the requirement. select for the purpose of issuance and affixing. Such persons shall be persons who are recognized in the community as being in the business of maintaining persons are called "authorized issuers" in the rest of this Subchapter. inspection of the snowmobile with its lights ti coned on and the mootoor running to. form an opinion whether the application is complete and accurate as to information 2-4fr applicatieoon o compl tnr if the authorized issuer disbelieves or doubts -, that the snowmobile is in compliance, the authorized issuer shall not issue the inspection decals -until the snowmobile is brought into condition such that the authorized issuer no longer disbelieves or doubts as to compliance 3. If the application is complete and the authorized issuer does not disbelieve or doubt that the snowmobile is in compliance, the authorized issuer shall itself securely affix the decals to the snowmobile as required by this Subchapter, and snowmobile, and return the application to the Chief. create any guarantee of condition; the authorized issuer's obligation is only not issuer not to be in compliance. {E) The Council shall fix the annual fee for the issuance of safety education decals from issuance by authorized i&suers, and a modest allowance for overhead. SNOWMOBILE ORDINANCE - 2 (F) The Chief shall maintain a lag of the safety education decals delivered to each authorized issuer. Authorized issuers are required to remit to the City not less often than twice each month the portion of the fees collected applicable to the cost of the of the-ftiercol-lect licable-tetihe mmodesst-allewancie for overheat --Erie authorized issuer magi keep the portion of the fees collected applicable to the reasonable allowance for the inspection and issuance. The authorized issuer shall account monthly to the Chief for the number of safety education decals distributed to it, the number issued and paid for, and the number still held for possible future issuance. shall provide to the person poccessing the snowmobile and, if different, the person about to use such snowmobile, a copy of the "Offenses By Persons Owning Snowmobiles", the "Regulations For Operation of Snowmobiles", any other 11 these materials with the person or persons toward the end that -users of Subchapter. (Ord. 710, 1 16 1997, eff. 2-1 1997) SECTION 2: That Section 330 (B) of Subchapter C of Chapter 6 of Title 5 of the McCall City Code, is hereby amended and shall read as follows, to -wit: 5.6.330: OFFENSES BY PERSONS OWING SNOWMOBILES: (B) Unless such snowmobile has been numbered by the owner in accord with Idaho Code 67- 7103., and unless such snowmobile bears safety education decals as provided in this Subchapter. (Ord. 710, 1 16 1997, eff. 2 1 1997) SECTION 3: That Section 350 (G), (N) and (0) of Subchapter 6 of Title 5 of the McCall City Code, are hereby amended and shall read as follows, to -wit: 5.6.350: REGULATIONS FOR OPERATION OF SNOWMOBILES: (G) No person on skis or similar devices shall be towed behind a snowmobile. (N) No Person shall operate a snowmobile upon a State highway. The State highway in McCall is also known as 3rd Street and Lake Street, west of the intersection with 3rd Street. No person shall operate a snowmobile upon any public street in the City of McCall except upon a public street (but not a State highway) providing the most direct route: SNOWMOBILE ORDINANCE - 3 1. To an access from the owner's or operator's actual place of residence or abode, or from a point where the snowmobile was commercially fueled, maintained or repaired immediately prior to the subject travel; or 2. To a commercial fueling point, or to a place of commercial maintenance and repair, for purpose of immediate fueling, maintenance or repair, from the owner's or operator's actual place of residence or abode, or from an access point; or 3. To an access point, or to the operator's home or place of abode; from a place of immediate past sale to the owner or immediate past rental to the operator of the snowmobile; or 4. To the operator's home or place of abode from an access point. "Access point" means one of the following five (5) points on the City limits: Lick Creek Road, Warren Wagon Road, Boydstun Street, Mission Street, or Samson Trail. (0) No person shall operate a snowmobile in excess of the posted speed limit, at any speed in excess of twenty five (25) miles per hour, nor at a rate of speed greater than reasonable and prudent under the existing conditions at the time, whichever speed is the slower. SECTION 4: That Section 370 (A) and (B) of Subchapter C of Chapter 6 of Title 5 of the McCall City Code, is hereby amended and shall read as follows, to -wit: 5.6.370: ENFORCEMENT, EVIDENCE, PENALTIES: (A) In the event that the police determine that a citation should be issued for a violation of this Subchapter, the snowmobile in question may be impounded by the Police Department and held for evidence of identity of the operator and identity of the snowmobile_, determination whether snowmobile and not another. The Department has no obligation to make such determination other than during normal business hours of the Department's administrative support personnel. (B) In the event that such a snowmobile does not bear safe , impounded pending court action on any citations issued to the owner and/or operator, as evidence of that lack of safety education decals, and shall not in any event be rel-ased other than to the titled owner and after safety education decals are in fact lawfully issued and affixed as provided in this Subchapter. No authorized issuer has any obligation to issue a„a affix -safer= education decals other than during normal business hours and when appropriate mechanics are available. }(B) A violation of this Subchapter is an infraction; except that if injury to a second person or his property results, a violation of this Subchapter is a misdemeanor. (Ord. 710, 1-16-1997, eff. 2-1-1997). SNOWMOBILE ORDINANCE - 4 SECTION 5: 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 o2S ‘41-4 DAY OF , 2008. APPROVED BY THE MAYOR OF THE CITY OF McCALL, IDAHO, THIS v261' DAY OF P l y,� o , 2008. ATTEST: By Fred Quiel, Acting Ci Clerk Bert Kulesza, Mayor msgW:\Work\M\McCall, City of 21684\2008 Ordinances & Summary Ordinances\Snowmobile Ordinance repeal reenact & amend DRAFT.doc SNOWMOBILE ORDINANCE - 5