Ordinance - 1999 - 351 - Prohibit Use Of Whelled Apparatus On Municipal Property - 07/13/1999ORIGINAL
ORDINANCE NO. 351
AN ORDINANCE OF THE CITY OF EAGLE, ADA COUNTY, IDAHO, AMENDING
EAGLE CITY CODE, TITLE 5, "POLICE REGULATIONS", CHAPTER 2,
"MISCELLANEOUS OFFENSES", SECTION 4, TO PROHIBIT USE OF WHEELED
APPARATUS ON MUNICIPAL PROPERTY AND IN CERTAIN AREAS OF THE CITY,
PROVIDING DEFINITIONS, PURPOSE, PROHIBITIONS, EXCLUSIONS, PENALTY,
AND PROVIDING AN EFFECTIVE DATE
WHEREAS, the City of Eagle is a municipal corporation formed pursuant to the laws
of the State of Idaho; and
WHEREAS, the Eagle City Council has the authority to enact ordinances to promote
the general welfare and prescribe penalties, Idaho Code 50-302; and
WHEREAS, it is the intent of the City of Eagle Council to place reasonable limits on
the recreational use of wheeled apparatus in certain areas of the city limits to protect the public
health, safety and welfare and to protect private property from damage, injury, and/or liability
occasioned as a result of the exercise of recreational use of such wheeled apparatus.
WHEREAS, in order to allow for recreation on wheeled apparatus in the appropriate
place and manner, the City is developing a skate park to be opened in the near future.
NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY COUNCIL
OF THE CITY OF EAGLE, Ada County, Idaho:
Section 1: PROHIBITION OF THE USE OF WHEELED APPARATUS ON
MUNICIPAL PROPERTY AND IN CERTAIN AREAS OF THE CITY:PROHIBITED
1
A. DEFINITIONS: For the purpose of this Chapter:
HERITAGE PARK: Th; t purr
Eagle, Idaho.
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d at 185 Eazt FteateT
DISMOUNT/WHEELS DOWN ZONE: The area designated as the dismount/wheels
down zone shall be known as the Central Business District. The area affected by this
ordinance consists of the following description and the man attached and incorporated
by reference herein:Eagle Road south of Mission Drive through to State Highway 44
and including the North Channel Center subdivision: West State Street from
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Cobblestone Lane through to East State Street extending eastward to Edeewood Lane:
Palmetto Avenue south of Amanita Street including the United States Post Office:
Stierman Way south of Amanita Street including the Eagle Public Library: The entire
area South of State Street including the Rocky Mountain Business Park bounded by
Eagle Road on the west and Edeewood Lane on the East: All the following retail
business areas: Bosanka Village. King's Plaza. Eagle Plaza. Albertson's. Eagle
Pavilion Shopping Center. Rocky Mountain Business Park. Eagle Center. including any
and all businesses running along State Street. Eagle Road and within North Channel
Center.
PUBLIC PROPERTY: Shall be defined as any public property in the city limits of the
City of Eagle including. but not limited to. parking lots. public sidewalks. Heritage
Park. Eagle City Hall/Senior Center. Eagle City Library. Friendship Park. Orville
Krassen Park. Arboretum Park. and the property on the east side of Eagle Road from
Plaza Street north to the drainage ditch.
PRIVATE PROPERTY: Property owned by non-governmental entities.
WHEELED APPARATUS: Shall be defined as a non -motorized vehicle or toy
consisting of one or more wheels constructed or covered with polyurethane, rubber, or
other material, which can transport persons or property, including but not limited to:
bicycles, carts, inline skates, skateboards, and skates; provided, however, any
apparatus used to assist the physically handicapped and/or to transport a baby or small
child shall be excluded from this definition.
Section 2: PURPOSE:
It is the desire of the Eagle Mayor and City Council to place reasonable limits on the
recreational use of wheeled apparatuses in certain areas of the city limits to protect the public
health safety and welfare and to protect private and public property from damage. injury.
and/or liability occasioned as a result of the exercise of recreational use of wheeled
apparatuses.
Section 3: PROHIBITIONS:
A. It shall be unlawful for any person to use any non -motorized apparatus constructed or
covered with polyurethane. rubber. or other material limited to: skateboards. skates and in-
line skates: in the Dismount/Wheels Down Zone.
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B. Bicycles may only be used in the Dismount/Wheels Down zone so long as all wheels
remain on the ground while the bicycle is in motion. Any other use of bicycles in the
Dismount/Wheels Down Zone is unlawful. Use of bicycles is also prohibited on the
gazebo in Heritage Park. on all public park benches. and the public tennis courts located at
Ranch Drive and Stierman Road.
Section 4: PENALTY:
Any person or persons who is in violation of the provisions of this Chapter shall pay to
the City Clerk a fine of twenty-five dollars ($25.001 or. in lieu of the fine upon the first offense
only. participate in an optional method of compliance specified by the City Clerk. All
subseauent offenses are subiect to the twenty-five ($25.00) fine. The fine must be paid to the
City Clerk within seven (71 days of the date of the notice of violation.
Failure to pay such fine. or in the case of a first offense. request in writing the optional
method of compliance within the seven (7) day period. shall make any violator subiect to an
additional twenty-five dollars ($25.00) fine within fourteen (14) days of the date of the notice
of violation. o i:, in ti
the-not-iee-of-viekitien. F lu, t
Section 5: NOTICE OF VIOLATION
z�all Utak[ any
The failure of any person or persons receiving a notice of violation to make the above-
described payments to the City Clerk within the designated times shall render the persons or
persons subiect to the general penalties provided in Section 1-4-1 of the Eagle City Code .It
•
u -au itad zivt is
Section 6: SEVERABILITY:
If any portion of this ordinance is found to be unenforceable by a court of proper
jurisdiction. the remaining portions of the ordinance remain in full force and effect.
Section 7: EXCEPTIONS:
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The prohibitions contained in this section shall not apply to law enforcement personnel
actin within the scope of their employment. The provisions of this Chanter shall not apply to
Eagle City Parks specifically posted and desienated as a Skateboard Park or area designated as
a pathway for the use of a wheeled apparatus. ou :b'all not apply to
Section 8: EFFECTIVE DATE:
This Ordinance shall be in full force and effect from and after its passage, approval and
publication in the official newspaper, the City of Eagle, as required by law. In lieu of
publication of the Ordinance, a summary thereof in compliance with Section 50-901A, Idaho
Code, may be published.
PASSED AND APPROVED this 13th day of July, 1999.
ATTEST:
Sharo K. Moore, CITY LERK
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Page 4 of 4
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MENTARY
SCHOOL.
8'55 _
.
The Valley News, P.O. Box : Meridian, Idaho 83680
Affidavit of Publication
STATE OF IDAHO
COUNTY OF ADA
} ss.
Ordinance No. 351
TITLE OF PUBLICATION
City of Eagle
PLAINTIFF OR LEGAL AGENT
Scott Zelden
being duly sworn,
deposes and says:
That I am the Publisher of THE VALLEY NEWS, a
weekly newspaper published in Meridian, in the County of Ada and State of
Idaho; that said newspaper has been and is in general circulation in the county
aforesaid, and in the vicinity of Meridian; that the advertisement, a copy of which
is attached hereto, was published in said newspaper once a week for 1
consecutive weeks in the regular and entire issue of said paper during the
period and time of publication, and was published in the newspaper proper and
not a supplement; that said paper has been established and regularly published for
more than seventy-eight consecutive weeks prior to the date of first publication of
said advertisement.
Such notice was published in the issue beginning with
19 99 and ending wit issue of
19 99
X
STATE OF IDAHO
COUNTY OF ADA
July 28
July 28
On this 4 day of August in the year of 1999 before me, a Notary
Public, personally appeared Scott Zelden , 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
acknowledged to me that he/she execu
e same.
Not. • ublic for Idaho
Residing at
My Commission expires " / 1310
STATEMENT
Valley News
Meridian, Idaho
Number of Lines 120 Lines
Number of Insertions 1
120 Lines @ 1.50 $ 180.00
Lines @ 1.25 $
TOTAL COST
ORDINANCE NO. 351
AN ORDINANCE OF THE CITY
OF EAGLE, ADA COUNTY,
IDAHO, AMENDING EAGLE CITY
CODE, TITLE 5, "POLICE REGU-
LATIONS" , CHAPTER 2, "MIS-
CELLANEOUS OFFENSES", SEC-
TION 4, TO PROHIBIT USE OF
WHEELED APPARATUS ON
MUNICIPAL PROPERTY AND IN
CERTAIN AREAS OF THE CITY,
. PROVIDING DEFINITIONS, PUR-
POSE, PROHIBmONS, EXCLU-
SIONS, PENALTY AND PROVID-
ING AN EFFECTIVE DATE.
WHEREAS, the City of Eagle is a
municipal corporation formed pur-
isuant to the laws of the State of
Idaho; and
WHEREAS, the Eagle City Coun-
cil has the authority to enact ordir
nances to promote the general wel-
t fare and prescribe penalties, Idaho
Code 50-302; and
WHEREAS, it is the intent of the
City of Eagle Council to place rea-
sonable limits on the recreational use
of wheeled apparatus in certain areas
of the city limits to protect the public
health, safety and welfare and to pro-
tect private property from damage,
injury, and/or liability occasioned as
a result of the exercise of recreational
use of such wheeled apparatus.
WHEREAS, in order to allow for
recreation on wheeled apparatus in
the appropriate place and manner, the
City is developing a skate park to be
opened in the near future.
NOW, THEREFORE, BE IT
ORDAINED BY THE MAYOR
AND CITY COUNCIL OF THE
CITY OF EAGLE, Ada County,
Idaho:
Section 1: PROHIBITION OF THE
USE OF WHEELED APPARATUS
ON MUNICIPAL PROPERTY AND
IN CERTAIN AREAS OF THE
Ma; PRO4.034:130-14gRONS-ON
A. DEFINITIONS: For the purpose
of this Chapter.
DISMOIJNT/WHEELS DOWN
ZONE: The area designated as the
dismount/wheels down zone shall be
knownnaJ �llusiness Dis-
trict.' area at1' i?y this ordi-
ter.-. .�
t
The Valley News, P.O. Box : Meridian, Idaho 83680
Affidavit of Publication
STATE OF IDAHO
COUNTY OF ADA
} ss.
Ordinance No. 351 - Map
TITLE OF PUBLICATION
City of Eagle
PLAIN 1 IF11 OR LEGAL AGENT
Scott Zelden , being duly sworn,
deposes and says:
That I am the Publisher of THE VALLEY NEWS, a
weekly newspaper published in Meridian, in the County of Ada and State of
Idaho; that said newspaper has been and is in general circulation in the county
aforesaid, and in the vicinity of Meridian; that the advertisement, a copy of which
is attached hereto, was published in said newspaper once a week for 1
consecutive weeks in the regular and entire issue of said paper during the
period and time of publication, and was published in the newspaper proper and
not a supplement; that said paper has been established and regularly published for
more than seventy-eight consecutive weeks prior to the date of first publication of
said advertisement.
Such notice was published in the issue beginning with
19 99 , and ending ciiih' e issue of
19 99
X
July 28
STATE OF IDAHO
COUNTY OF ADA
July 28
On this 4 day of August in the year of 1999 before me, a Notary
Public, personally appeared Scott Zelden . 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
acknowledged to me that he/she executed the same.
Not. Public for Idaho
Residing at J
My Commission expires 1)/ 13/0 i
STATEMENT
Valley News
Meridian, Idaho
Number of Lines 42 Lines
Number of Insertions 1
42 Lines @ 3.64 $ 152.88
Lines @ 1.25 $
TOTAL COST
The Valley News, P.O. Box r *, Meridian, Idaho 83680
Affidavit of Publication
STATE OF IDAHO
COUNTY OF ADA
} ss.
Public Hearing/Changes city code -wheeled app.
TITLE OF PUBLICATION
City of Eagle
PLAINTIFF OR LEGAL AGENT
Scott Zelden
, being duly sworn,
deposes and says:
That I am the Publisher of THE VALLEY NEWS, a
weekly newspaper published in Meridian, in the County of Ada and State of
Idaho; that said newspaper has been and is in general circulation in the county
aforesaid, and in the vicinity of Meridian; that the advertisement, a copy of which
is attached hereto, was published in said newspaper once a week for 2
consecutive weeks in the regular and entire issue of said paper during the
period and time of publication, and was published in the newspaper proper and
not a supplement; that said paper has been established and regularly published for
more than seventy-eight consecutive weeks prior to the date of first publication of
said advertisement.
Such notice was published in the issue beginning with
19.99 . and ending with the issue of July 7
1999
X
STATE OF IDAHO
COUNTY OF ADA
On this 4 day of August
Public, personally appeared
}
}
in the year of
Scott Zelden
June 30
1999 before me, a Notary
. 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
acknowledged to me that he/she executed the same.
J
Notary u lic for Idaho
Residing at
My Commission expires 7/i
STATEMENT
Valley News
Meridian, Idaho
Number of Lines 15 Lines
Number of Insertions 2
15 Lines @ 1.50 $ 22„5O
15 Lines @ 1.25 $ 18.75
TOTAL COST
LEGAL -NOTICE OF PUBLIC
HEARING
CITY OF EAGLE,
ADA COUNTY, IDAHO
NOTICE IS HEREBY GIVEN that
the Eagle City Council will hold a
public hearing on July 13, 1999, at
.j7t30 p.m. at the Eagle City Hall, 310
E. State Street, Eagle, Idaho. The
purpose of the hearing is to consider
changes to the Eagle City Code which
could impose new fines of $25.00 for
Using a wheeled apparatus on proper-
ty owned by the City of Eagle and
'within the Dismount Zone.
WRITTEN COMMENTS will be
ccepted until 5:00 p.m. on the day of
the hearing. Qualified individuals
Oho need accessible communication
aids and services or other accommo-
dations to participate in programs and
Activities are invited to make your
needs and preferences known at the
04/ADA Coordinator (Eagle City
Clerk). Please give us at least three
to five day's advance notice so we
Can adequately meet your needs.
SHARON K. MOORE, City Clerk
L -456E June 30 & July 7, 1999
}T 41.
The Valley News, P.O. Box 3, Meridian, Idaho 83680
Affidavit of Publication
STATE OF IDAHO
COUNTY OF ADA
} SS.
Public Hearing/Eagle City Code
TITLE OF PUBLICATION
City of Eagle
PLAINTIFF OR LEGAL AGENT
Scott Zelden
deposes and says:
That I am the
being duly sworn,
Publisher of THE VALLEY NEWS, a
weekly newspaper published in Meridian, in the County of Ada and State of
Idaho; that said newspaper has been and is in general circulation in the county
aforesaid, and in the vicinity of Meridian; that the advertisement, a copy of which
is attached hereto, was published in said newspaper once a week for 2
consecutive weeks in the regular and entire issue of said paper during the
period and time of publication, and was published in the newspaper proper and
not a supplement; that said paper has been established and regularly published for
more than seventy-eight consecutive weeks prior to the date of first publication of
said advertisement.
Such notice was published in the issue beginning with
19 99 and ending wit issue of June 16
19 99
X
STATE OF IDAHO
COUNTY OF ADA
June 9
On this 6 day of July in the year of 1999 before me, a Notary
Public, personally appeared Scott Zelden , known or identified
to me to be the person whose name subscribed to the within instrument, and
being by me sgt duly sworn, declared that the statements therein are true, and
ptUt IITi p,plry
ack oQ1 �d the/she executed the same
J,
01k.Q •.
'2 J -1
•.. 4 ®�C) �0 esiding at
Tt qi. ••.......•••'bQ.
ission expires
•n;:
L 1
Notary Public f
Idaho
STATEMENT
Valley News
Meridian, Idaho
Number of Lines 15 Lines
Number of Insertions 2
15 Lines @ 1.50 $ 29 Fn
15 Lines @ 1.25 $ . 18.75
TOTAL COST
LEGAL NOTICE
OF PUBLIC HEARING
CITY OF EAGLE,
ADA COUNTY, IDAHO
NOTICE IS HEREBY GIVEN
that the Eagle City Council will hold
:iia public hearing on June 9, 1999, at
E.: 7:30 p.m. at the Eagle City Hall, 310
to E. State Street, Eagle, Idaho. The
:,_purpose of the hearing is to consider
::,:changes to the Eagle City Code
which could impose new fines of
$25.00 for using a wheeled apparatus
on property owned by the City of
Eagle and within the Dismount Zone.
WRITTEN COMMENTS will be
accepted until 5:00 p.m. on the day
of the hearing. Qualified individuals
who need accessible communication
aids and services or other accommo-
dations to participate in programs and
activities are invited to make your
needs and preferences known at the
504/ADA Coordinator (Eagle City
Clerk). Please give us at least three
to five day's advance notice so we
can adequately meet your needs.
SHARON K. MOORE, City Clerk
L -456E June 9 & 16, 1999
1\Tr% 1 -dARF