HomeMy Public PortalAboutORD 204-04-16_Relating to Crimes and Penalties_04192016ORDINANCE NO.
204-04-1 S
AN ORDINANCE OF THE CITY OF IONA, IDAHO;
AMENDING SECTIONS 1-4-2, 5-1-3 AND 5-4-16 OF THE
IONA CITY CODE RELATING TO THE PUNISHMENT OF
CRIMES AND THE ESTABLISHMENT OF PENALTIES FOR
THE COMMISSION OF INFRACTIONS OR
MISDEMEANORS; PRESERVING PRIOR ORDINANCE;
PROVIDING FOR METHODOLOGY; PROVIDING FOR
SEVERABILITY AND ESTABLISHING AN EFFECTIVE DATE.
BE IT ORDAINED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF IONA,'
IDAHO THAT:
Section 1. Amendment of Section 1-4-2 of the Iona City Code: Section 1-4-2
of the Iona City Code is hereby amended as follows:
1-4-2: INFRACTIONS: Whenever any person commits an infraction and no specific
penalty is provided for such act, such person shall be punishable by a fine not exceeding
$1-300 and no imprisonment may be imposed.
Section 2. Amendment of Section 5-1-3 of the Iona City Code: Section 5-1-3
of the Iona City Code is hereby amended as follows:
5-1-3: PUNISHMENT FOR CRIMES: Every person committing a crime, other than
an infraction, is punishable by imprisonment for a term not exceeding six (6) months, or by
a fine not exceeding three-htiftelfeetone thousand dollars ($300$1,000), or by both, or by
any other fine, imprisonment or combination thereof, permitted by Idaho Code Section 50-
302. Any person committing an infraction is punishable en-hrby a penalty not to exceed
eftethree hundred dollars ($1-300).
Section 23. Amendment of Section 5-4-16 of the Iona City Code: Section 5-4-
16 of the Iona City Code is hereby amended as follows:
5-4-16: PENALTY:
(A) Except as provided otherwise in this Chapter, any person who violates the
provisions of this Chapter is guilty of a-miselemeaftefn infraction and is punishable,
by a fine no greater than twethree hundred fifty dollars ($25300). +Except as
provided in subsection (B) of this section, if any person violates the provisions of
this Chapter within six (6) months of the ate
such person committed a previous violation of this eChapter, then
such fifteviolation shall be considered a
misdemeanor and shall be punishable by a fine of not less than five hundred dollars
($500).
(B) Any person who violates the provisions of section 5-4-10(A) or (B) shall be guilty of
an infraction and shall be punishable by a penalty in the amount of thirty-fivefifty
dollars ($35$50) for the first infraction, seventyone hundred fifty dollars ($7150) if
strel°rfor any infraction committed within six (6) months
after entry of judgment for a previous violation of such s=ssubsections or
enethree hundred dollars ($1300) if
such offense was committed within six (6) months
of two previous violations of such subsections. If three or more violations were
entereedcommitted within -theme six (6) months immediately preceding a
violation of such subsections, then sueheach violation committed after the third
violation shall be considered as a misdemeanor and shall be punishable in
accordance with subsection (A) of this section.
(C) If any fine as set forth above is increased as a result of multiple violations within the
preceding six (6) months, then such increase shall be applied regardless of whether
or not such violations were committed with the same or different animals.
Section 34. Methodology. Text that is underlined in the preceding sections
means new text added to the former Ordinance or City Code Section, and text that is
stricken through means text that is being deleted from the former Ordinance or Code
Section. Text that is moved from one location in the former Ordinance or Code Section to
another location is similarly shown as underlined text.
Section 45. Severability. The sections and subsections of this Ordinance are
severable. The invalidity of any section or subsection shall not affect the validity of the
remaining sections or subsections.
Section 56. Preservation of Prior Ordinance. The sections of the City Code
repealed or amended by this Ordinance shall be preserved to the extent necessary to allow
the arrest, prosecution and punishment of any person who violates such provisions prior
to the effective date hereof.
Section 67. Effective Date. This Ordinance shall become effective upon its
passage, execution and publication in the manner provided by law.
PASSED BY THE COUNCIL AND APPROVED BY THE MAYOR this L day of
, 2016. 5E,
ATTEST:
Shara Roberts
City Clerk
(SEAL)
Brad Andersen
Mayor
��lisZ
STATE OF IDAHO )
)ss.
County of Bonneville )
I, SHARA ROBERTS, CITY CLERK OF THE CITY OF IONA, IDAHO, DO HEREBY
CERTIFY:
That the above and foregoing is a full, true and correct copy of the Ordinance
entitled, "AN ORDINANCE OF THE CITY OF IONA, IDAHO; AMENDING SECTIONS 1-4-
2, 5-1-3 AND 5-4-16 OF THE IONA CITY CODE RELATING TO THE PUNISHMENT OF
CRIMES AND THE ESTABLISHMENT OF PENALTIES FOR THE COMMISSION OF
INFRACTIONS OR MISDEMEANORS; PRESERVING PRIOR ORDINANCE; PROVIDING
FOR METHODOLOGY; PROVIDING FOR SEVERABILITY AND ESTABLISHING AN
EFFECTIVE DATE."
aara Roberts
City Clerk
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