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HomeMy Public PortalAboutOrd. 830 - Open Containers while DrivingORDINANCE NO. 830 AN ORDINANCE OF THE CITY OF McCALL, VALLEY COUNTY, IDAHO, ENACTING A NEW SUBCHAPTER F SECTION 610 AND 620 OF CHAPTER 6 OF TITLE 5 POSSESSION OF OPEN CONTAINERS OF ALCOHOLIC BEVERAGES WHILE DRIVING AND/OR AS A PASSENGER IN OR UPON A MOTOR VEHICLE AND FOR A PENALTY; AND PROVIDING AN EFFECTIVE DATE. NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND THE CITY COUNCIL OF THE CITY OF McCALL, IDAHO: Section 1: That a new SubChapter F Section 610 and 620 of Chapter 6 of Title 5 of the McCall City Code, be, and is hereby enacted and shall read as follows: CHAPTER 6 Vehicle Operation and/or Passenger SUBCHAPTER F Unlawful Possession of Alcoholic Beverages 5.6.610 Unlawful Possession or Consumption No person at any time may, while operating or riding in or upon a motor vehicle upon a public highway of this city, have in their possession any alcoholic beverages in an open or unsealed container of any kind. 5.6.620 Penalty A. Any person violating any of the provisions of this Chapter declared an infraction shall be assessed a fixed penalty of One Hundred Dollars ($100.00) excluding court costs and fees. An infraction is a civil public offense, not constituting a crime, which is punishable only by a penalty not exceeding One Hundred Dollars ($100.00) and for which no period of incarceration may be imposed. There is no right to a trial by jury for a citation or complaint for an infraction and such trials shall be held before the court without a jury. A second and any subsequent conviction for the same violation of the provisions of this Chapter within five (5) years shall constitute a misdemeanor, punishable by a fine not exceeding Three Hundred Dollars ($300.00), or by imprisonment in the county jail not exceeding six (6) months, or both. A separate offense shall be deemed committed on each day during or which a violation occurs or continues. B. Any person violating any of the provisions of this Chapter declared a misdemeanor shall be deemed guilty of a misdemeanor and upon conviction thereof can be fined in an amount not exceeding Three Hundred Dollars ($300.00), or be imprisoned for a period not exceeding six (6) months or be both so fined and imprisoned. Ordinance No. 830 OPEN CONTAINER ORDINANCE - 1 Section 3: Separability: If any clause, sentence, paragraph, section, or any part of this act, shall be declared and adjudged to be invalid or unconstitutional by a court of competent jurisdiction, such invalidity or unconstitutionality shall not affect, invalidate, or nullify the remainder of this Section. Section 4: Date of Effect: This Ordinance shall be in full force and effect upon its approval and passage. PASSED BY THE COUNCIL OF THE CITY OF McCALL, IDAHO, THIS 26th DAY OF October, 2006. APPROVED BY THE MAYOR OF THE CITY OF McCALL, IDAHO, THIS 26th DAY OF October, 2006. Approved: By: Attest: By: (- Joan e E. York, City Clerk Ordinance No. 830 OPEN CONTAINER ORDINANCE - 2 William A. Robertson, Mayor ORDINANCE SUMMARY CERTIFICATION Ordinance No. 830 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 26th day of October, 2006. William F. Nichols A SUMMARY OF ORDINANCE NO. 830 PASSED BY THE CITY OF McCALL, IDAHO AN ORDINANCE OF THE CITY OF McCALL, IDAHO, ENACTING A NEW SUBCHAPTER F SECTION 610 AND 620 OF CHAPTER 6 OF TITLE 5 POSSESSION OF OPEN CONTAINERS OF ALCOHOLIC BEVERAGES WHILE DRIVING AND/OR AS A PASSENGER IN OR UPON A MOTOR VEHICLE AND FOR A PENALTY. The principal provisions of the Ordinance are: Chapter 6 Vehicle Operation and/or passenger SUBCHAPTER F. Unlawful Possession of Alcoholic Beverages 5.6.610 Unlawful Possession or Consumption 5.6.620 Penalty The Ordinance shall be effective upon publication of this Summary. 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. The full text is also available online at www.mccall.id.us. APPROVED BY THE COUNCIL OF THE CITY OF McCALL, IDAHO, THIS 26th DAY OF October, 2006. Approved: By: Attest: By: ,v„Y,o. 6. Joanne E. York, Cit ..clerk William A. Robertson, Mayor Publisher's Affidavit of Publication STATE OF IDAHO .ss County of Valley I, Carol J. Wright, being duly sworn and say, I am the receptionist 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 November 16, 2006 and ended November 16, 2006. Subscribed a worn be me this the 16th day of October, 2006. STATE OF IDAHO COUNTY OF VALLEY On this 16th day of November, in the year of 2006, before me, a No- tary Public, personally appeared Carol J. Wright, 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 acknowl- edged to me that she executed the same. • • ' _sssssssesso �,_ '�_rjrh{�(s, OR ?.rhy. TA 'r. �O Rr�`� s : MOO 01111. Tom Grote Notary Public for Idaho Residing at McCall, Idaho Commission Expires 2/8/12 A SUMMARY,OF ORDINANCE, NU: 830 PASSED BY: THE.:CiII';` OF McCALLsIDAHO,: AN,;'OItD114-! NCE OE.;.THE CITY OF McCALL, vAlia0aTisio A W SUB'CHAPTER^F SEc ION;610 AND,:020 OF, 'CI ETER`_:G"ONTAI 'QF'°IflLE S :ESSION :QF:OPEN-CN LRSPOSS;>OF ALCO IOLIC; BEVERAGES W III E D1UVING;AND/OI ASt PAS SEN:GER'IN=OR UPON A.MOTOR VE- IiICLEAND`FORA:PENA'LTY. ' The :principal'provisions.of:t e`Or- dinance ate:toi:proubit possessiontof.:an open container;of any alcoholic bever- age while operating or riding in or upon a motor vehicle upon a public street or highway in the `City,, Violation"' will' be an infraction, or misdemeanor depending upon whether the violation is, a first, sec- ond, or third offense Within hire years. The Ordinance shall.' be, effective .upon publication of this:'Summary. The full 'text :of -the Ordinance is available for review at City Ball and will be provided by theCify Clerk to any citi= zen upon personal request. Thefull text is. also .available online at www.mccall. APPRQVED BY THE COUNCIL OF'THE ITY Or MCCALL .IDAHO, THE ,26t -DAY; OF, October;2006. Approved: By: "William A.',16bert- son, Mayor; . Attest: 'By: Joanne E. York, City Clerk ltcil/16