HomeMy Public PortalAboutORD 259-04-21_Liability for Damage to Public Streets_04202021 Instrument q 1683010
Bonneville County Idaho Falls, Idaho
04/21/2021 03:06:04 PM No. of Pages: 3
Recorded for: CITY OF I00A 1� `o
Penny Manning Fee: $0.00
Ex-Officio Recorder Deputy
Index to: ORDINANCE
ORDINANCE NO.259-04-21
AN ORDINANCE OF THE CITY OF IONA, IDAHO;
AMENDING SECTION 5-5-5 OF THE IONA CITY CODE;
REGARDING DAMAGE TO PUBLIC STREETS; AMENDING
SECTION 8-3-2 OF THE IONA CITY CODE; REGARDING
CIVIL LIABILITY FOR NON-PERMITTED EXCAVATION OR
DAMAGE TO PUBLIC STREETS; PROVIDING
METHODOLOGY; PRESERVING PRIOR ORDINANCES IN
EACH INSTANCE; 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 5-5-5 of the Iona City Code. Section 5-5-5 of the
Iona City Code is amended as follows:
5-5-5: DAMAGE TO PUBLIC STREETS. Any person who drives or operates a tractor
or-vehicle with lug wheels or metal tracks upon a public streets or who drives or operates any
vehicle in a manner h-that damages or destroys any surface of any public street or sidewalk,or
who drives or operates a vehicle upon a public street in excess of the gross vehicle weights
permitted under the laws of the State of Idaho, upon any public street in the City, is guilty of a
misdemeanor.
Section 2. Amendment of Section 8-3-2 of the Iona City Code. Section 8-3-2 of the
Iona City Code is amended as follows:
8-3-2: PERMIT REQUIRED. No person shall engage in any construction, repairs or
excavation in any street, alley, easements or other public right of way within the City without first
obtaining a permit from the City. No permit under this chapter shall be valid until or unless the
notice provisions of Idaho Code Section 55-2201, et seq., have been complied with. The permit
shall clearly define the area within which the permittee may do such construction, repair or
excavation. A copy of the permit shall be kept on file with the City Engineer for a period of not
less than five (5) years after its issuance. Any person engaging in any construction, repair, or
excavation within any public right of way without a permit, or otherwise damaging a street,
sidewalk,pavement,underground facility shall be liable for the actual costs of repair,whether such
repair is completed by the City, another contractor, or a third party.
Section 3. 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, being stricken through in its prior position.
Section 4. Preservation of Prior Ordinance. The sections of the Iona City Code
repealed and/or amended by this Ordinance shall be preserved to the extent necessary to allow the
arrest, prosecution, punishment, and indebtedness of any person who violates such provisions
prior to the effective date hereof.
Section 5. 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 6. Effective Date. This Ordinance shall become effective upon its passage,
execution and publication in the manner provided by law.
941
PASSED BY THE COUNCIL AND APPROVED BY THE MAYOR this M ""Tlay of
2021.
Dan Gubler
Mayor
ATTEST:
Keri West
Citx dark,. N
c ;
STATE OF IDAHO )
)ss.
County of Bonneville )
I, KERI WEST, 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 SECTION 5-5-5 OF THE
IONA CITY CODE;REGARDING DAMAGE TO PUBLIC STREETS;AMENDING SECTION
8-3-2 OF THE IONA CITY CODE; REGARDING CIVIL LIABILITY FOR NON-PERMITTED
EXCAVATION OR DAMAGE TO PUBLIC STREETS; PROVIDING METHODOLOGY;
PRESERVING PRIOR ORDINANCES IN EACH INSTANCE; PROVIDING FOR
SEVERABILITY; AND ESTABLISHING AN EFFECTIVE DATE."
kJ", vide
Keri West
City Clerk
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