HomeMy WebLinkAboutORD 3502ORDINANCE NO.3502
BILL NO. 18
AN ORDINANCE ENACTED BY THE CALDWELL CITY COUNCIL AMENDING
CHAPTER 8, ARTICLE 7, SECTION 08-07-07, CALDWELL CITY CODE, PERTAINING
TO THE RELABELING OF ALCOHOLIC BEVERAGES CONSUMED AT INDIAN
CREEK PLAZA; PROVIDING FOR AN EFFECTIVE DATE; PROVIDING FOR
SEVERABILITY; AND REPEALING ALL ORDINANCES, RESOLUTIONS, ORDERS
AND PARTS THEREOF, IN CONFLICT HEREWITH.
BE IT ORDAINED by the Mayor and Council of the City of Caldwell, County of Canyon, State
of Idaho:
Section 1. That Chapter 8, Article 7, Section 08-07-07, of the Caldwell City Code, is
hereby amended as follows:
08-07-07: EXCEPTIONS:
The provisions of this article shall not apply to the possession or consumption of any alcoholic
beverage by a person who is at least twenty-one (21) years of age when such possession or
consumption occurs:
(2) Within the area defined on exhibit A on file in the City, and depicted on exhibit B on file in
the City, between the hours of seven o'clock (7:00) A.M. and eleven o'clock (11:00) P.M. during
any event approved through section 06-23-01 of this Code, and hosted in one of the pre -approved
indicated zones, provided that the .,leehelie beverage is held in e plastic " -'miner that is
et labeled h ..aoa b an aleehel manufaettirer or-disc-:b.,t-A and that. such possession or
consumption does not occur on or in Indian Creek or on the green space of Indian Creek Park but
only on the walkways, sidewalks, and bridge ways. Should there be a conflict between the
boundary description (exhibit A) and the approximate boundary depiction (exhibit B), the
description in exhibit A shall control.
Section 2. This ordinance shall be in full force and effect from and after its passage,
approval, and publication, according to law.
Section 3. This ordinance is hereby declared to be severable. if any portion of this
ordinance is declared invalid by a court of competent jurisdiction, the remaining provisions shall
continue in full force and effect and shall be read to carry out the purposes of the ordinance before
the declaration of partial invalidity.
Section 4. All ordinances, resolutions, orders and parts thereof in conflict herewith are
repealed.
Ord. 3502 — Page i
PASSED BY THE COUNCIL OF THE CITY OF CALDWELL, IDAHO, this IV day of
April, 2023.
APPROVED BY THE MAYOR OF THE CITY OF CALDWELL, IDAHO, this 18111 day of
April, 2023.
ATTEST:
Mayor Jarom Zer City Clerk {or Deputy}
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Ord. 3502 Page 2
ORDINANCES OF THE CITY OF CALDWELL
NOTICE OF ADOPTION AND SUMMARY OF
ORDINANCE NO. 3502
AN ORDINANCE ENACTED BY THE CALDWELL CITY COUNCIL AMENDING CHAPTER 8,
ARTICLE 7, SECTION 08-07-07, CALDWELL CITY CODE, PERTAINING TO THE
RELABELING OF ALCOHOLIC BEVERAGES CONSUMED AT INDIAN CREEK PLAZA;
PROVIDING FOR AN EFFECTIVE DATE; PROVIDING FOR SEVERABILITY; AND
REPEALING ALL ORDINANCES, RESOLUTIONS, ORDERS AND PARTS THEREOF, IN
CONFLICT HEREWITH.
Section 1: Amends Caldwell City Code Section 08-07-07 by removing the requirement that alcohol served
on the Plaza be transferred to opaque, unlabeled containers.
Sections 2 through 4: Provides that this ordinance shall be in full force and effect from and after its passage,
approval, and publication, according to law; provides for severability; repeals conflicting ordinances,
resolutions, and orders.
Ordinance No. 3502 provides an effective date, which shall be on the 25" day of April, 2023. Ordinance
No. 3502 was passed by the Council and approved by the Mayor on the 18" day of April, 2023. The full
text of the Ordinance is available at Caldwell City Hall, 411 Blaine Street, Caldwell, Idaho 83605. The
Mayor and City Council approved the foregoing summary on the 18" day of April, 2023, for publication
on the 25" day of April, 2023, pursuant to Idaho Code § 50-901 A.
Mayor Jarom Wagoner
ATTEST: Debbie Geyer, City Clerk
STATEMENT OF LEGAL ADVISOR
I have reviewed the foregoing summary and believe
that it provides a true and complete summary of
Ordinance No. 3502 and provides adequate notice to
the public as to the contents of such ordina
DATED this 18" day of April, 2023,
Mark Hilty, Attorney for City of Caldwell