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Home My Public Portal AboutORD 219-05-18_Debris on Streets(2)_05172018ORDINANCE NO. 219-05-18 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. -nii s ordinance, is a CartthaY1 -to Insinrnenf- 15�2:7.9 1 previously recorded on 51251201e a+ 1129 elm. The correeha7 aU+Unes correct Fero! argiinfs, ..mOXmooN �xmmm0 N 0 3 0\ N a((OOM e'er. \ < i SD OOA�O.N�•C ,.� m.-a 0��,� AXID ° Corn 3 00) CO z0 (ENO IJ -1 [ a zam cmmm< m, o••< UI o ro N • U 00�a� C0D3a (0 J 0 o71 • Y 0 a M01 N J m 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 OneThree Hundred Dollars ($1-300) 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 felonyfelony 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 a misdemeanor. Such persons shall, {$300) or by imprisonment not exceeding ten (10) daysan 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 penalty in the amount of one hundred dollars ($100) 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 two hundred dollars ($200) 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 in the amount of three hundred dollars ($300) for a fourth violation if judgments for three violations were entered against 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) and no incarceration for a subsequent violation if (a) judgments for four violations were entered against such person within the six (6) month period immediately preceding the date of such violation or (b) judgment 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 BYTHE COUNCILAND APPROVED BY THE MAYOR this 111-- day of M 14)7. , 2018. Dan Gubler Mayor ATTEST: Sheri a 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 Roberts City Clerk \\Law\data\WPDATA\DWS\2708 City of Iona\ ORDINANCES \2018\Debris on Streets.ORD.v3 c vl.wpd