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.
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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