Ordinance - 2004 - 465 - Amend Title 8, Chapter 3 Prohibit Motoried Water Craft - 03/23/2004ORIG1NAI
SCANNED
ORDINANCE #465
ORDINANCE OF THE CITY OF EAGLE, ADA COUNTY IDAHO AMENDING EAGLE
CITY CODE TITLE 8 "ZONING", CHAPTER 3 "PERFORMANCE STANDARDS",
SECTION 5 "UNIQUE LAND USES"; CREATING A NEW SUBSECTION (T) FOR THE
PROHIBITION OF THE OPERATION OF MOTORIZED WATERCRAFT UPON THE
PONDS, LAKES, STREAMS, AND ALL OTHER WATERWAYS WITHIN THE CITY OF
EAGLE; PROVIDING A SEVERABILITY CLAUSE; AND PROVIDING AN EFFECTIVE
DATE.
WHEREAS, the City of Eagle, Idaho is a municipal corporation organized and operating
under the laws of the State of Idaho; and
WHEREAS, pursuant to Chapter 65, Title 67, Idaho Code, the City of Eagle has the
authority to adopt, establish and amend a Zoning Ordinance; and
WHEREAS, the City of Eagle, Idaho wishes to provide for the safety and welfare of its
citizenry by prohibiting the operation of motorized watercraft upon the ponds, lakes, streams, and
all other waterways within the City limits;
THEREFORE, BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY
OF EAGLE, IDAHO, as follows:
Section 1: Eagle City Code Title 8 "Zoning", Chapter 3 "Performance Standards",
Section 5 "Unique Land Uses", is amended to add Subsection "T" with underline text being
added as follows:
T. Motorized Watercraft:
1. The operation of motorized watercraft, including but not limited to anv outboard or
inboard motor boats, personalized watercraft, or anv other motorized or iet propelled
watercraft are prohibited upon the ponds, lakes, streams, and all other waterways
within the city limits.
2. This prohibition will not include use of motorized watercraft on the Boise River
within the city limits. as iurisdiction over the Boise River is a governed by the State of
Idaho.
Page 1 of 1
KACOUNCIL Ordinnncxs+Ord 465.doc
3. The use and operation of motorized watercraft by emergency service personnel within
the City limits are exempt from the provisions within this section.
Section 2: The provisions of this ordinance are hereby declared to be severable and if any
provision of this act or the application of such provision to any person or circumstance is
declared invalid for any reason, such declaration shall not affect the validity of remaining
portions of this ordinance.
Section 3: This ordinance shall take effect and be in force from and after its passage,
approval, and publication as required by law. In lieu of publication of the entire ordinance, a
summary thereof in compliance with Section 50-901A, Idaho Code, may be published.
Approved and adopted this sg,day of N\C-hc 11 , 2004.
Nanc , C. Me . Mayor
Sharon K. Moore,
Eagle City Clerk/Treasurer
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K:\COUNCIL\Ordinances' Ord 465.doc
Valley Times
P.O. Box 1790
Eagle, Idaho 83616
LEGAL ADVERTISING PROOF OF PUBLICATION
Account: C41 o F 61519 Identification:
Address: 310 E • S fa -F -c 5-F- Run Dates:
ORDINANCE #465
�'-- ber Lines
ORDINANCE OF THE CITY OF EAGLE, ADA COUNTY IDAHO AMEND
ING EAGLE CITY CODE TITLE 8 "ZONING", CHAPTER 3 "PERFOR
MANCE STANDARDS", SECTION 5 "UNIQUE LAND USES"; CREAT-
ING A NEW SUBSECTION (T) FOR THE PROHIBITION OF THE OP-
ERATION OF MOTORIZED WATERCRAFT UPON THE PONDS, LAKES.
STREAMS, AND ALL OTHER WATERWAYS WITHIN THE CITY OF
EAGLE; PROVIDING A SEVERABILITY CLAUSE; AND PROVIDING AN
EFFECTIVE DATE.
WHEREAS, the City of Eagle, Idaho is a municipal corporation
organized and operating under the laws of the State of Idaho; and
WHEREAS, pursuant to Chapter 65, Title 67, Idaho Code, the
City of Eagle has the authority to adopt, establish and amend a Zoning
Ordinance; and
WHEREAS, the City of Eagle, Idaho wishes to provide for the
safety and welfare of its citizenry by prohibiting the operation of motorized
watercraft upon the ponds, lakes, streams, and all other waterways within the
City limits;
THEREFORE, BE IT ORDAINED BY THE MAYOR AND COUN-
CIL OF THE CITY OF EAGLE, IDAHO, as follows:
Section 1: Eagle City Code Title 8 "Zoning", Chapter 3 "Perfor-
mance Standards", Section 5 "Unique Land Uses", is amended to add Subsea
tion "T" with underline text being added as follows:
T. Motorized Watercraft:
1. The operation of motorized watercraft, including but not
limited to any outboard or inboard motor boats, personalized
watercraft, or any other motorized or jet propelled water-
craft are prohibited upon the ponds, lakes, streams, and all
other waterways within the city limits.
This prohibition will not include use of motorized watercraft
on the Boise River within the city limits, as jurisdiction over
the Boise River is a governed by the State of Idaho.
3 The use and operation of motorized watercraft by emer-
gency service personnel within the City limits are exempt
from the provisions within this section.
Section 2: The provisions of this ordinance are hereby declared to
be severable and if any provision of this act or the application of such
provision to any person or circumstance is declared invalid for any reason,
such declaration shall not affect the validity of remaining portions of this
ordinance.
Section 3: This ordinance shall take effect and be in force from
and after its passage, approval, and publication as required by law. In lieu of
publication of the entire ordinance, a summary thereof in compliance with
Section 50-901A, Idaho Code, may be published.
Approved and adopted this 23rd day of March 2004.
Nancy C. Merrill, Mayor
ATTEST:
Sharon K. Moore,
.Eagle City Clerk/Treasurer
r
RECEIVED 8t FILED
CITY OF EAGLE
APR 0 8 2004
Five'
Route tn.
Ord .*4'05"
0 l'� Amount 41. 23
Frank Thomason, being duly sworn, deposes
and says: That he is the Principal Clerk of
lley Times, a weekly newspaper published at
gle, Ada County, State of Idaho; that the said
newspaper is in general circulation in the said
County of Ada, and in the vicinity of Meridian,
tar, and Eagle, and has been uninterruptedly
published in said County during a period of
enty-eight consecutive weeks prior to the first
tion of this notice, a copy of which is attached
Vey
and that the notice was published in
Vey Times, in conformity with Sectign 60-108,
Idaho Code, as amended, for 1 time(s)
le regular and entire issue of said paper, and
printed in the newspaper proper, and not in a
pplement; and that said notice was published
,' op the following dates:
Beginning YnN(. (. zooki
Ending Cl (1),,; (o ZA 0
(3t jT
STATE OF IDAHO )
)SS
Utk x COUNTY OF ADA )
day of T1t»i
`ore me, a Notary Public, personally appeared
5n, known or identified to me to be the person
name is subscribed to he within instrument,
eing me first duly s orn, de red that the
h n are true, and nowt ged to me that
cuted the same.
Notary Public for Idaho
Resi ing at Boise, ID
My Commission expires: