HomeMy WebLinkAbout0547 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
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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,
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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.
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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
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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
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