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HomeMy WebLinkAboutCherry Lane Golf Course/Trespassing Ordinance (McCall)JOANN C. BUTLER SANDRA L. CLAPP KELLY M. GARRITY MICHAEL T. SPINK (208) 388-1083 (DIRECT LINE) JBUTLER@SBC-ATTORNEYS.COM May 2, 2003 Creg Steele Meridian City Parks & Recreation Department 11 W. Bower Street Meridian, Idaho 83642 ltE: Cherry Lane Golf Course/Trespassing Ordinance SBC File No. 21852.1 Dear Creg: I understood from Wednesday night's meeting that you are shepherding a possible ordinance through Meridian in connection with unlawful acts at the municipal golf course. For your use, I have enclosed the McCall Golf Course Ordinance. As reported to the Committee Wednesday night, we have retrieved a copy of this ordinance for possible use by Meridian City. Please call if you should have any questions. Sincerely, ~,~~~ JoAnn C. Butler JCBaaa Enclosure cc: (w/encl.) Cherry Lane Recreation Walt Morrow / Charlie Rountree Bill Nichols 251 E. FRONT STREET SUITE 200 P.O. BOX 639 BOISE, IDAHO 83701 ~ 208-388-1000 208-388-1001 (F) W W W.56C-ATTORNEVS.COM .05/01/2003 07:05 FAX 2086343038 CITY OF MCCALL f~J002 8-15-1 CHAPTER 15 SECTION: McCALL GOLF COURSE 8-15-1: McCall Golf Course, Unlawful Acts ~ 8-15-1-1: Golf Season Pass Policy 8-15-2: Penalty ~1 8-15-1 8-15-1: McCALL GOLF COURSE, UNLAWFUL ACTS: It shall be unlawful for any person to do or perform any of the following acts on the premises known and designated as the McCall municipal golf course: (A) Permitting, causing or allowing a dog to be thereon; (B) Jogging; (C) Bicycling; (D) Allowing, causing or permitting a child under the age of ten (10) years to play golf except any such child playing golf with his or her separate set of golf clubs and accompanied at all times by an adult person; (E) Operating or parking a snowmobile thereon; (F) Operating or parking a motor vehicle thereon, except a city employee performing upkeep and maintenance duties upon such golf ~ course. (Ord. 549-A, 6-22-1989) (G) Walking upon the golf course except as a participant in play or except when conducting oneself in an orderly and quiet fashion as part of the gallery at a competitive golf event or except as a golf course employee and within the scope of employment. (Ord. 623, 1-14-1993) l~ LOCATION:2086343038 August 2001 City of Mrf.'nll, RX TIME 05101 '03 07:01 05/01/2003 07:05 FAX 2086343038 CITY OF MCCALL I~J003 5-15-1 8-15-1-1 Nothing herein contained shall be construed to prohibit the use and operation of golf carts for the playing of golf on the McCall municipal golf course. (Ord. 549-A, 6-22-1989) 8-15-1-1: GOLF SEASON PASS POLICY: (A) Definitions: As used in this section, the terms defined in this subsection shall have the following meanings, .unless the context clearly indicates another meaning: DISABILITY: New, documented, long-term condition that prevents a person from participating in physical activity. FAMILY Spouse, mother, father, grandmother, grand- MEMBER: ~ father, daughter, or son. PERSON: One individual. PHYSICAL Injury that occurred after the purchase of a INJURY: season pass which results in a physicians limitation on physical activity. SEASON PASS: A nontransferable pass purchased by an individual for a single golf season. The pass is used in lieu of paying daily greens fees at the city golf course. (B) Declaration Of Policy: It is the policy of the city of McCall, Idaho, to allow a refund of a golf season pass or an extension of the pass to the next season to a person who purchased a pass and was unable to use such pass due to physical injury, disability, or death subsequent to the purchase of the pass. Relocation, change of plans, or other matters of personal choice shall not be the basis for any refund or pass extension. (C) Exceptions To The Policy: No refund will be made for any pass used seven (7) times or more. Passes used six (6) or fewer times will have daily greens fees deducted from the purchase price for each time the pass was used. (D) Refund Requests: Refund requests must be submitted to the city clerk in writing outlining the conditions which did not permit the August 2001 City of McCall LOCATION:20$634343$ RX TIf1E 05101 '03 07:01 05/01/2003 07:06 FAX 2086343038 CITY OF MCCALL 1004 8-1 5-1-1 8-15-2 ~~ person to use the pass before December 31 of the same year. The person who purchased the season pass must submit the refund request. In the event of death, a family member may request a refund. (E) Extension: The pass holder may request that the pass be extended to the next seasons golf play in lieu of a cash refund of the unused portion of the pass. (F} Action By Golf Course Advisory Committee: The golf advisory committee shall review requests for refunding or extending the golf ~ season pass and submit their recommendation to the city manager via the city clerk. (G) Action By City Manager: The city clerk shall submit ail refund requests to the city manager within two (2) weeks of receiving said request. The city manager shall approve or deny the request in writing within one week of submission from the city clerk. In case of denial, the reason(s) shall be so stated. Approved refund payments shall be made within forty flue (45) days of approval by the finance department. (H) Appeal Procedure: An individual who is denied a refund may appeal such decision in writing to the city council within sixty (60) days of `~i notification of denial by the city clerk. The city council shall approve or deny said appeal within sixty (60) days and notify said individual in writing of action within two (2) weeks of the action. (Ord. 750, 5-24-2001) 8-15-2: PENALTY: Any person who violates any provisions of this chapter shall be guilty of a misdemeanor and upon conviction thereof shall be punished by a fine not to exceed three hundred dollars ($300.00) or by imprisonment in the county jail not to exceed six (6) months, or by both such fine and imprisonment. (Ord. 549-A, 6-22-1989) ~~ ~. ' City of McCdll August 2001 LOCATION:2086343038 RX TIME 0501 '03 07:01