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0547 Public Parks 2001SUMMARY OF ORDINANCE NO. 547 An ordinance of the City of Chubbuck, a municipal corporation of the state of Idaho, adding Chapter 9.38, "Public Parks" to the Chubbuck Municipal Code; providing for definitions, providing parks are closed from one hour after sunset to one hour before sunrise; prohibiting dogs and other animals except dogs on a lease are allowed if fecal deposits are cleaned up; prohibiting golf in parks, prohibiting alcoholic beverages; prohibiting damage or vandalism of park property, providing sanitation rules for use of parks, providing for enforcement and penalties if provisions are violated; ; providing for the repeal of conflicting ordinances; providing for the severability of the provisions of this ordinance; providing that this ordinance shall be in full force and effect after its passage, approval and publication as allowed by law. The full text of this ordinance is available at the City Clerk's Office, Chubbuck City Offices, 5160 Yellowstone, Chubbuck, ID 83202. I have reviewed the foregoing summary and believe it provides a true and correct summary of Ordinance No. 547 and that the summary provides adequate notice to the public of the contents of this ordinance. DATED this v1 `day of December, 2001 SUMMARY OF ORDINANCE NO. 547 - Page 1 chubbuck12.04a CITY OF CHUBBUCK, IDAHO ORDINANCE NO. 5 4 7 AN ORDINANCE OF THE CITY OF CHUBBUCK, IDAHO, ESTABLISHING CHAPTER 9.38 "PUBLIC PARKS" TO PROVIDE FOR THE PROHIBITION OF CERTAIN ACTIVITIES IN PARKS; PROVIDING FOR DEFINITIONS; PROVIDING HOURS PARKS ARE CLOSED; PROHIBITING DOGS AND ANIMALS IN PARKS, ALLOWING DOGS IF ON A LEASE AND FECAL DEPOSITS ARE REMOVED,- PROHIBITING EMOVED;PROHIBITING GOLF; PROHIBITING ALCOHOLIC BEVERAGES; PROHIBITING THE DAMAGE OR DESTRUCTION OF PARK PROPERTY, REAL OR PERSONAL; PROVIDING FOR ENFORCEMENT AND PENALTIES; REPEALING PRIOR CONFLICTING ORDINANCES; PROVIDING FOR THE SEVERABILITY OF THE PROVISIONS OF THIS ORDINANCE; AND PROVIDING WHEN THIS ORDINANCE SHALL BECOME EFFECTIVE. BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF CHUBBUCK, IDAHO: Section 1. CHAPTER 9.38 PUBLIC PARKS Sections 9.3 8.010 Definitions 9.38.020 Restricted Hours 9.38.030 Dogs and Animals in the Park 9.38.040 Golf Activities Prohibited 9.38.050 Alcoholic Beverages in Public Parks 9.38.060 Park Property 9.38.070 Sanitation 9.38.080 Enforcement 9.38.090 Violation—Penalty 9.38.010 Definitions: The following words shall have the meanings given for purposes of this Chapter. A. Alcoholic Liquors: Those alcoholic beverages as defined by Idaho Code Section 23-105. B. Beer: Any beverage obtained by the alcoholic fermentation of an infusion or decoction of barley malt, and/or other ingredients in drinkable water. C. Park: A park, playground, recreation center or any other area in the City, Ordinance - Page 1 blj chubbuck08.243 f • 0 owned or used by the City. D. Person: Any person, firm, partnership, association, corporation, company or organization of any kind. 9.3 8.020 Restricted Hours: The municipally owned or operated parks and public places shall be closed to the general public from one hour after sunset to one hour before sunrise. Any and all persons are prohibited from entering upon or being present in such municipal parks or places between the designated hours. 9.38.030 Dogs and Animals: Any owner or person is prohibited from taking or permitting any dog or other animals to be taken upon or permitted upon any public park, except for seeing -eye dogs. Notwithstanding the foregoing, dogs may be allowed in public parks if : 1. on a lease held and accompanied by an adult or child strong enough to control the dog 2. any fecal deposits by the dog are promptly removed; and 3. Such deposits are disposed of in a trash receptacle or removed by the person controlling the dog. 9.38.040 Golf Activities Prohibited: No person shall engage in, or attempt to engage in, any type of golf activity, whether putting, driving, chipping, swinging, or any other golf related activity in any City park. 9.38.050 Alcoholic Beverages in Public Parks: It is unlawful for any person to sell, consume or have in possession, custody or control any beer or other alcoholic beverage within any City park. 9.38.060 Park Property: No person in any park shall: 1. Disfiguration, Damage and Removal. Willfully mark, deface, disfigure, injure, tamper with, damage, displace or remove, any building, bridges, tables, benches, fireplaces, railings, paving or paving material, water lines or other public utilities or parts or appurtenances thereof, signs, notices or placards whether temporary or permanent, monuments, stakes, posts, or other boundary markers, or other structures or equipment, facilities or park property or appurtenances whatsoever, either real or personal. Ordinance - Page 2 blj chubbuckO6.243 2. Restrooms and Washrooms. Fail to maintain restrooms and washrooms in a neat and sanitary condition. 3. Removal of Natural Resources. Dig, or remove any soil, rock, stones, trees, shrubs or plants, wood or materials, or make any excavation by tool, equipment, blasting, or other means. 4. Trees, Shrubbery and Lawns. Damage, cut, carve, transplant or remove any tree or plant, injure the bark, or pick the flowers or seeds, of any tree or plant. Nor shall any person attach any rope, wire, or other contrivance to any tree or plant. A person shall not dig in or otherwise disturb grass areas, or in any other way injure or impair the natural beauty or usefulness of any area. 5. Operation of Vehicles. Drive any vehicle on any area except the paved public park roads designated for motor vehicles or parking areas, or such other areas as may on occasion be specially designated by municipal authorities; 6. Parking. Parking a vehicles in other than an established or designated parking area, and such use shall be in accordance with posted directions thereat and with instructions of any municipal officer who may be present. 9.38.070 Sanitation. No person in any park shall bring in, dump, deposit, or leave any bottles, broken glass, paper boxes, cans, dirt, rubbish, waste, garbage, refuse, or other trash. No such refuse or trash shall be placed or left anywhere on the grounds of the public parks, but shall be placed in the proper receptacles where these are provided; where receptacles are not so provided, all such rubbish or waste shall be carried away from the park by the person responsible for its presence, and properly disposed of elsewhere. 9.38.080 Enforcement. Any police officer shall, in connection with the officer's duties imposed by law, enforce the provision of this chapter and shall have authority to eject from the public park any person whom the officer has reasonable cause to believe is acting in violation of this chapter and shall have authority to inspect, seize and confiscate any property, thing or device used, or on reasonable cause, believed to be used for the violation of any regulation of this Ordinance - Page 3 blj chubbuckO6.243 chapter. 9.38.090 Violation—Penalty: Any person violating the regulations adopted in this Chapter shall be deemed guilty of a misdemeanor and punishable by a fine not to exceed three hundred dollars ($300.00) or by a jail sentence not to exceed thirty (30) days or by both such fine and jail sentence. ADMINISTRATIVE PROVISIONS Section 1. Repeal of Conflicting Ordinances. The provisions of any Ordinance of the City of Chubbuck, Idaho, and any provision of the Chubbuck Municipal Code which are in conflict with the provisions of this Ordinance are hereby repealed to the extent of such conflict. Section 2. Severability. If any provision of this ordinance is held invalid, for any reason, by any court of competent jurisdiction, such holding shall not affect the validity or enforceability of any of the remaining provisions. Section 3. Effective Date. The rule requiring an ordinance to be read on three separate days, one of which shall be a reading in full, is hereby dispensed with, and this Ordinance shall become effective upon its passage, approval and publication as provided by law. PASSED BY THE COUNCIL, AND APPROVED BY THE MAYOR OF THE CITY OF CHUBBUCK, IDAHO, this 13TH day of NOVEMBER , 2001. OHN O. COTANT, MAYOR ATTEST: X� C L (4-'n RON C NLIN, CITY CLERK Ordinance - Page 4 blj chubbuckO6.243