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Ordinance - 2004 - 481 - Amend Title 5 Police Regulations - 08/24/2004
ORDINANCE #481 CAN N E L ORDINANCE OF THE CITY OF EAGLE, ADA COUNTY IDAHO, AMENDING EAGLE CITY CODE TITLE 5 "POLICE REGULATIONS", CHAPTER 3 "PROHIBITED PARKING", TO ADD SECTION 5-3-3 A "PARKING TO SELL IN THE RIGHT OF WAY OF EAGLE ROAD, HIGHWAY 44, AND HIGHWAY 55"; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City of Eagle, Idaho is a municipal corporation organized and operating under the laws of the State of Idaho; and WHEREAS, the City of Eagle in order to protect the health and safety of its citizenry desires a code enforcement section be added to the Eagle City Code regarding park to sell vehicles in the right-of-way along Eagle Road, Highway 44, Highway 55, State Street, Floating Feather Road, Hill Road, Edgewood and Ballantyne in accordance with Idaho State Code §40-1914. NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF EAGLE, ADA COUNTY, IDAHO: Section 1: Eagle City Code, Title 5, Chapter 3, Subsection 3 — (A) be and is hereby added, to read as follows: 5-3-3 A: Parking to Sell vehicles in the Rights -of -Ways prohibited: No person shall park to sell any vehicle in the rights -of -ways of Eagle Road, Highway 44, Highway 55, State Street, Floating Feather Road, Hill Road, Edgewood, and Ballantyne. Section 2: Any person who violates any of the provisions of this Ordinance shall be deemed guilty of an infraction and, upon judgment thereof, shall be subject to the penalties set forth in Idaho Infraction Rule 9(b)(other infractions) and shall be subject to a $100.00 dollar fine and shall have their vehicle towed and impounded by the Ada County Sheriff's Department. Section 3: This ordinance shall take effect and be enforce from and after its passage, approval, and publication as required by law. In lieu of publication of the Ordinance, a summary thereof in compliance with Section 50-901A Idaho Code, may be published. DATED this,M* day of f4{,c.q_p 5+" , 2004. ATTEST: Sharon K. Bergman, City Clerk (SEAL) CITY OF EAGLE Ada County, Idaho ova •. ,.•,.eC� '' i, : di 4OR.4�,`. ;G• � •• iO is i • • V * : • o•' • • * iT „-: Valley Times P.O. Box 1790 Eagle, Idaho 83616 LEGAL ADVERTISING PROOF OF PUBLICATION Account: of a S (A Address: 3 10 E. SIafc S¢ • Attention: 1 I No l ORDINANCE #481 Identification: Run Dates: I ECEIVEO FILED ... CITY OF EAGLE SEP U ' 2004 File x-30 01 Number Lines (n Other g• 30-0`( ORDINANCE OF THE CITY OF EAGLE, ADA COUNTY IDAHO, AMEND- ING EAGLE CITY CODE TITLE 5 "POLICE REGULATIONS", CHAPTER 3 ' "PROHIBITED PARKING", TO ADD SECTION 5-3-3 A "PARKING TO SELL IN THE RIGHT OF WAY OF EAGLE ROAD, HIGHWAY 44, AND HIGHWAY 55"; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City of Eagle, Idaho is a municipal corporation organized and operating under the laws of the State of Idaho; and WHEREAS, the City of Eagle in order to protect the health and safety of its citizenry desires a code enforcement section be added to the Eagle City Code regarding park to sell vehicles in the right-of-way along Eagle Road, Highway 44, Highway 55, State Street, Floating Feather Road, Hill Road, Edgewood and Ballantyne in accordance with Idaho State Code §40-1914. NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF EAGLE, ADA COUNTY, IDAHO: Section 1: Eagle City Code, Title 5, Chapter'3, Subsection 3 (A) be and is hereby added, to read as follows: 5-3-3 A: Parking to Sell vehicles in the Rights -of -Ways prohibited: No person 1 shall park to sell any vehicle in the rights -of -ways of Eagle Road, Highway 44, Highway 55, State Street, Floating Feather Road, Hill Road, Edgewood, and Ballantyne. Section 2: Any person who violates any of the provisions of this Ordinance shall be deemed guilty of an infraction and, upon judgment thereof, shall be subject to the penalties set forth in Idaho Infraction Rule 9(b)(other infractions) and shall be subject to a $100.00 dollar fine and shall have their vehicle towed and impounded by the Ada County Sheriff's Department. Section 3: This ordinance shall take effect and be enforce from and after its passage, approval, and publication as required by law. In lieu of publication of the Ordinance, a summary thereof in compliance with Section 50-901A Idaho Code, may be published. DATED this 246 day of August 2004. CITY OF EAGLE Ada County, Idaho Nancy C. Merrill, Mayor ATTEST: Sharon K. Bergman, City Clerk (SEAL) Amount I-19 Frank Thomason, being duly sworn, deposes and says: That he is the Principal Clerk of alley Times, a weekly newspaper published at agle, Ada County, State of Idaho; that the said newspaper is in general circulation in the said County of Ada, and in the vicinity of Meridian, Star, and Eagle, and has been uninterruptedly published in said County during a period of venty-eight consecutive weeks prior to the first tion of this notice, a copy of which is attached hereto, and that the notice was published in alley Times, in conformity with Section 60-108, Idaho Code, as amended, for time(s) the regular and entire issue of said paper, and printed in the newspaper proper, and not in a upplement; and that said notice was published on the following d tes: Beginning 3 0 o 7 Ending 3 0 LO()') STATE OF IDAHO ) )SS COUNTY OF ADA) s r‘ -day of ` i in the year of 2004 fore me, a Notary Public, personally appeared on, known or identified to me to be the person e name is ubscribed to a withi instrument, being b e first duly s rn, de ared that the he re true, and nowle ged to me that uted the same. otary Public for Idaho Residing at Boise, ID My Commissin expires: LI acx6, Valley Times P.O. Box 1790 Eagle, Idaho 83616 LEGAL ADVERTISING PROOF OF PUBLICATION Account: CC41 of I- at (1, Address: 3/ b s4-4 Sf ' Attention: Pop -Tti jo%� Identification: Run Dates: Number Lines (lfhar PUBLIC HEARING CITY OF EAGLE The City of Eagle, pursuant to I.C. 63-1311 formally gives notice of its intention to review and possibly adopt fines associated with proposed Ordinance No. 481. Legal notice is hereby given that the EAGLE CITY COUNCIL will hold a public hearing on August 24, 2004 at 7:30 P.M. at Eagle City Hall , 310 E. State Street, Eagle, Idaho. The purpose of the hearing to consider proposed Ordinance No. 481 amending Eagle City Code Title 5 "Police Regulations", Chapter 3 "Prohibited Parking", to add Section 5-3-3 A "parking to sell in the right of way of Eagle Road, Highway 44, and Highway 55"; providing an effective date, and to explain the reasons for such fees. The proposed ordinance will establish fines for the violation of the proposed ordinance. The proposed fees are set forth below; Section 1: Eagle City Code, Title 5, Chapter 3, Subsection 3 (A) be and is hereby added, to read as follows: 5-3-3 A: Parking to Sell in the Right -of -Way Along Eagle Road and Highway 44: No person shall park to sell any vehicle in the right-of-way of Eagle Road, Highway 44, and Highway 55. Section 2: Any person violating any of the provisions of this Ordinance shall be subject to a $100.00 dollar fine and shall have their vehicle towed and impounded by the Ada County Sheriff's Department . A complete draft of the proposed ordinance is available at City Hall for public review. Public testimony is encouraged at the public hearing. WRITTEN COM- MENTS will be accepted no less than five (5) working days prior to the day on which the public hearing is scheduled. Qualified individuals who need accessible communication aids and services or other accommodations to participate in pro- grams and activities are invited to make your needs and preferences know to the 504 ADA Coordinator (Eagle City Clerk). Please give us at least three to five days advanced notice so we can adequately meet your needs. Sharon K. Bergmann, Eagle City Clerk Publish: August 9th & 17th, 2004 ruvuSu. itugUSt `ltn & 1 an, zuu4 eq v - q 511 i .CEI IED 84 FILED CITY OF EAGLE AUG 2 D 2004 Fle: r1Vc,.J{. ©rd . LI U &-- - 17 '04 Amount ING LE 1-0 gives notice of its intention .roposed Ordinance No. 481. OUNCIL will hold a public ty Hall , 310 E. State Street, proposed Ordinance No. 481 ons", Chapter 3 "Prohibited right of way of Eagle Road, ive date, and to explain the tablish fines for the violation t forth below; ion 3 (A) be and is hereby agle Road and Highway 44: ay of Eagle Road, Highway of this Ordinance shall be hicle towed and impounded ble at City Hall for public earing. WRITTEN COM - g days prior to the day on iduals who need accessible tions to participate in pro- d preferences know to the s at least three to five days My Co n, deposes pal Clerk of ublished at at the said in the said f Meridian, terruptedly a period of r to the first is attached ublished in ion 60-108, time(s) I paper, and and not in a is published ging dates( 266 q OF IDAHO ) )SS YOFADA) (ear of 2004 ly appeared the person instrument, Bred that the ,ed to me that ted the same. Notary Public for Idaho Residing at Boise, ID ission expires:,��� �rY, c/o 13