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Ordinance - 1998 - 327 - Repealing Ord 212/Add Police Regs/Miscellaneous Offenses - 08/25/1998ORIGINAL ORDINANCE NO. 327 ORDINANCE OF THE CITY OF EAGLE, ADA COUNTY, IDAHO, REPEALING ORDINANCE 212 AND ADDING EAGLE CITY CODE, TITLE 5, "POLICE REGULATIONS", CHAPTER 2, "MISCELLANEOUS OFFENSES", SECTION 4, "PROHIBITED ACTIONS ON A PUBLIC TENNIS COURT AND WITHIN HERITAGE PARK", AND ADDING SECTION 7, "PENALTIES", AND PROVIDING AN EFFECTIVE DATE WHEREAS, it is the intent of the City of Eagle to place reasonable limits on the use of wheeled apparatuses on any public tennis court or within Eagle Heritage Park to protect the public and public improvements from injury, damage, and/or liability occasioned as a result of the exercise of recreational activity and to provide a penalty therefor; NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF EAGLE, Ada County, Idaho: 5-2-4A: DEFINITIONS: For the purpose of this section: HERITAGE PARK: That park owned by the City of Eagle located at 185 East State, Eagle, Idaho. 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 to transport a baby or small child shall be excluded from this definition. 5-2-4B: PROHIBITED ACTS WITHIN HERITAGE PARK: It shall be prohibited for any person or persons to ride or use a wheeled apparatus on a public tennis court or to ride or use any wheeled apparatus within Heritage Park. 5-2-4C: NOTICE OF VIOLATION: It shall be the duty of any Police Officer upon observing a prohibited act within Heritage Park system to issue a notice of violation to such person or persons. 5-2-4D: EXCEPTIONS: The provisions of this Chapter shall not apply to Eagle City Parks specifically posted and designated as a Skateboard Park. 5-2-4E: PENALTIES: 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 ($25.00) within seven (7) Page 1 days of receipt of the notice of violation. Failure to pay such fine within such seven (7) days shall make any violator subject to an additional twenty-five dollars ($25.00) fine within fourteen (14) days of such notice of violation. The failure of any person or persons receiving a notice of violation to make the above- described payments to the City Clerk within the designated times shall render the persons or persons subject to the general penalties provided in Section 1-4-1 of the Eagle City Code. Section 2: This ordinance shall take effect and be enforce from and after its passage, approval, and publication as required by law. In lieu of publication of the Ordinance, a summary thereof in compliance with Section 50-901A, Idaho Code, may be published. DATED this cP5aday of 0_1_, jAij— , 1998. CITY OF EAGLE Ada County, Idaho RICK YZ'AGUI MAYOR ATTEST: 14 L SHAR N K. SMITH CITY C & of R.440,% ,itit$ e 0 R lo? * i*i K{% EMI/ R+ ''yyyy14 Page 2 The Valley News, P.O. Box 299, Meridian, Idaho 83680 Affidavit of 1 dblication STATE OF IDAHO COUNTY OF ADA Tim Frates deposes and says: That I am the } ss. ORDINANCE NO. 327 TITLE OF PUBLICATION CITY OF EAGLE PLAINTIFF OR LEGAL AGENT being duly sworn, Publisher of VALLEY NEWS, a twice weekly newspaper published at 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 98 . and ending with the i sue of 19 98 4/111. -i rpr x C STATE OF IDAHO COUNTY OF ADA On this 3 day of June Public, personally appeared SEPTEMBER 2 SEPTEMBER 2 in the year of Tim Frates 1998 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 ar true, and acknowlP��1'Ntj;'f�'Th f t he/she executed t I ,. ICT q,Q . I i 1— 't s 2 3 ▪ ..'alms ▪ ,43 : Rzsiding at 9%e ion expires -.1•0111111111..-- Notary/Public for Idaho 67-1-7d STATEMENT Valley News Meridian, Idaho Number of Lines 50 Lines Number of Insertions 1 50 Lines @ $1.50 $ 75.0n Lines @ $1.25 $ TOTAL COST WILL BE $ 75.00 Copy of Notice (First Copy) CITY OF EAGLE ORDINANCE NO. 327 ORDNANCE OF THE CITY EAGLE, ADA COUNTY, IDAII REPEALING ORDINANCE 212 Arc ADDING EAGLE CITY CODE, TITLE "POLICE REGULATIONS", CHAPTI 2, "MISCELLANEOUS OFFENSE SECTION 4, "PROHIBITED ACTION, ON A PUBLIC TENNIS COURT ANII WITHIN HERITAGE PARK", ANI;': ADDING SECTION 7, "PENALTIES' AND PROVIDING AN EFFECTI\OE DATE WHEREAS, it is the intent of the City of Eagle to place reasonable limits on the use of wheeled apparatuses on any public ten- nis court or within Eagle Heritage Park to protect the public and public improve- ments from injury, damage, and/or liability occasioned as a result of the exercise of recreational activity and to provide a penalty therefore; NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF EAGLE, Ada County, Idaho: 5-2-4A: DEFINITIONS: For the purpose of this section: HERITAGE PARK: That park owned by the City of Eagle located at 185 East State, Eagle, Idaho WHEELED APPARATUS: Shall be defined as a non -motorized vehicle or toy consisting of one or more wheels con- structed or covered with polyurethane, rub- ber, or other material, which can transport persons or property, including but not lim- ited to: bicycles, carts, inline skates, skate- boards, and skates: provided, however, any apparatus used to assist the physically handicapped ana to tfatispokt a baby or small child shall be excluded from this def- inition. 5-2-4B:PROHIBITED ACTS WITHIN HERITAGE PARK: It shall be prohibited for any person or persons to ride or use a wheeled apparatus on a public tennis court or to ride or use any wheeled apparatus within Heritage Park. 5-2-4C:NOTICE OF VIOLATION: It NO. 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