HomeMy Public PortalAboutORD 219-05-18_Debris on Streets_05172018219-05-18
ORDINANCE NO.
AN ORDINANCE OF THE CITY OF IONA, IDAHO;
AMENDING SECTION 1-3-5 OF THE IONA CITY CODE;
AMENDING THE DEFINITIONS OF INFRACTION AND
MISDEMEANOR; PRESERVING PRIOR ORDINANCE;
AMENDING SECTION 5-5-1 OF THE IONA CITY CODE;
RELATING TO PLACING DEBRIS ON STREETS; RE -
CATEGORIZING A VIOLATION OF THAT SECTION AND
AMENDING THE PENALTY FOR SUCH VIOLATIONS;
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 1-3-5 of the Iona City Code. Section 1-3-5 of
the Iona City Code is amended as follows:
1-3-5: DEFINITIONS: Whenever the following words or terms are used in this
Code, they shall have the meanings ascribed below, unless the context clearly indicates
otherwise:
AGENT: A person acting on behalf of another.
BUILDING OFFICIAL: The Director of the Planning and Building
Division of the City, or his or her nominee.
CITY: The City of Iona, County of Bonneville, State of
Idaho.
CITY ATTORNEY:
An attorney appointed by the Mayor to provide
general counsel and legal assistance to the City
and to prosecute or defend all civil actions in
which the City is a party.
CITY PROSECUTING An attorney appointed by the Mayor to
ATTORNEY: prosecute violations of this Code.
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COUNCIL: The lawfully elected City Council of the City.
CRIME: An act in violation of this Code.
FELONY: A crime as defined under Idaho Code, Section
18-111.
INFRACTION:
A civil public offense, not constituting a crime,
which is punishable only by a penalty not
exceeding 9rteThree Hundred Dollars ($+300)
and for which no incarceration may be imposed.
LICENSE: The permission granted for the carrying on of a
business, trade, profession or occupation.
MISDEMEANOR: Every crime except a €elonyfelony or an
infraction.
OCCUPANT: Any person who occupies the whole or any part
of such building or land whether alone or with
others.
OFFENSE A crime or other violation of this Code.
OPERATOR: The person who is generally in charge of or
responsible for conducting any business,
profession or enterprise.
OWNER:
PERSON:
Any person owning real or personal property,
including any part owner, joint owner, tenant in
common, joint tenant, remainderman or person
holding a life estate or reversionary interest of
any kind.
An individual and any public or private
corporation, firm, partnership, trust, estate, sole
proprietorship, association, organization,
government, or any other entity recognized
under Idaho law.
PERSONAL PROPERTY:
Money, goods, chattels, effects, rights in action
and all written instruments evidencing any
pecuniary obligation.
RIGHT OF WAY: The privilege of the immediate use of the
roadway or other property.
STATE: The State of Idaho.
STREET: All public roads, ways, alleys and rights of way
used for the movement of vehicular traffic,
including any public sidewalks adjacent thereto.
TENANT: Any person who occupies any building or real
property for a consideration to the owner.
UNIFORM FIRE CODE: The Uniform Fire Code as adopted by
Ordinance of the City.
UNIFORM PLUMBING CODE: The Uniform Plumbing Code as adopted by
Ordinance of the City.
UNIFORM BUILDING CODE: The Uniform Building Code as adopted by
Ordinance of the City.
Section 2. Amendment of Section 5-5-1 of the lona City Code. Section 5-5-1 of
the lona City Code is amended as follows:
5-5-1: PLACING DEBRIS ON STREETS:
(A) Any person who willfully or negligently throws from any vehicle, or who places,
deposits or permits to be deposited upon or alongside any highway, street, alley or
easement used by the public for public travel, any debris, paper, litter, glass bottle,
glass, nails, tacks, hoops, cans, barbed wire, boards, trash or garbage, lighted
material, or other waste substance is guilty of
an offense, punishable as
described in subsection (B) of this Section. For the purpose of this section, the
terms "highway," "street," "alley" or "easement" shall be construed to include the
entire right of way of such highway, street, alley or easement.
(B) Any violation of Section 5-5-1(A) is punishable as follows:
(1) An infraction with a penalty in the amount of thirty-five dollars ($35) for the
first violation.
2) An infraction with a penalt in the amount of sevent. dollars 070 for a
second violation if such violation by such person occurred within six (6)
months after entry of judgment for one previous violation.
(3) An infraction with a penalty in the amount of one hundred dollars ($100) for
a third violation if judgments for two violations were entered against such
person within the six (6) month period immediately preceding the date of
such violation.
(4) An infraction with a penalty the amount of two hundred fiftydollars $2501
for a fourth violation if judgments for three violations were entered a ainst
such person within the six (6) month period immediately preceding the date
of such violation.
(5)
A misdemeanor, punishable by a fine no greater than five hundred dollars
( 500) an no incarceration for a subsequent violation if (a) iudgments for four
violations were entered against such person within the six (6) month period
immediately preceding the date of such violation or (b)�gment for a
misdemeanor pursuant to this subsection (B)(5 was entered against such
person within the six (6) month period immediately preceding the date of
such violation.
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. 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 5. 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 11411— day of
M , 2018.
Dan Gubler
Mayor
ATTEST:
Shara Roberts
City Clerk
(SEAL)
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 SECTION 1-3-5
OF THE IONA CITY CODE; AMENDING THE DEFINITIONS OF INFRACTION AND
MISDEMEANOR; PRESERVING PRIOR ORDINANCE; AMENDING SECTION 5-5-1 OF
THE IONA CITY CODE; RELATING TO PLACING DEBRIS ON STREETS; RE -
CATEGORIZING A VIOLATION OF THAT SECTION AND AMENDING THE PENALTY
FOR SUCH VIOLATIONS; PRESERVING PRIOR ORDINANCE; PROVIDING FOR
METHODOLOGY; PROVIDING FOR SEVERABILITY; AND ESTABLISHING AN
EFFECTIVE DATE."
Shara Robe
City Clerk
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