Ordinance - 2013 - 696 - Enacting Title 5, Chapter 11/Disorderly Households Or Premises - 05/14/2013 ORDINANCE NO. 696
AN ORDINANCE OF THE CITY OF EAGLE, ADA COUNTY, IDAHO, ENACTING
TITLE 5, CHAPTER 11 SECTION 1 "DISORDERLY HOUSEHOLD OR PREMISES"
PROVIDING STANDARDS FOR HOSTING EVENTS ON PRIVATE PROPERTY
DISRUPTIVE TO THE PUBLIC HEALTH INCLUDING THE CONSUMPTION OF
ALCOHOL BY MINORS; AND PROVIDING AN EFFECTIVE DATE.
WHEREAS, the City of Eagle is authorized to enact ordinances enforceable by
fine and infraction penalty under I.C. § 50-302.
NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY
COUNCIL OF THE CITY OF EAGLE, Ada County, Idaho;
Section 1: That Title 5, Chapter 11 of the Eagle City Code is hereby enacted as
follows:
Chapter 11
DISORDERLY HOUSEHOLD OR PREMISES
5-11-1: DISORDERLY HOUSEHOLD OR PREMISES PROHIBITED:
5-11-2: DEFINITIONS:
5-11-3: PENALTY:
5-11-1: DISORDERLY HOUSEHOLD OR PREMISES PROHIBITED
A. It shall be unlawful for any person or persons to host a party, gathering or event on
private property within any residential area of the City:
1. which is disruptive to the public peace, health, safety, or welfare due to the
magnitude of the crowd, loud music or other noise, disturbances, unruly behavior
by those attending the party, excessive traffic or destruction of property; or
2. where a person under the age of twenty-one (21) years is in possession of, is
consuming or is under the influence of an alcoholic beverage and the person or
persons responsible for the party knew or reasonably should have known that the
person in possession of, consuming, or under the influence of an alcoholic
beverage is under the age of twenty-one (21)years.
5-11-2: DEFINITIONS
A. Definitions:
1. "Party" means a party gathering or event or other assembly of persons for a
social occasion or activity.
2. "Household or premises" means any home, apartment, condominium, premises
or other dwelling unit or meeting room or hall, including the yard and curtilage of
such household or premises which are owned, rented, leased or under the control
ORDINANCE NO. —PAGE 1 OF 2
of the person or persons responsible for the party, regardless of whether such
premises are occupied on a permanent or temporary basis, or merely occupied as a
premises for a social function.
3. "Person responsible for the party" means:
a. The person or persons in charge of the premises where the party takes
places; and/or
b. The person or persons authorizing the use of the premises for the party;
and/or
c. The person or persons who organized the party.
4. "Minor" means a person under the age of twenty-one (21) years.
5. "Alcoholic beverage" means any beverage containing alcohol, including liquor,
spirits, beer, and wine.
6. "Knowingly" for purposes of this Section means having a general knowledge
of or reason to know which warrants further inquiry or inspection.
5-11-3: PENALTY:
A. Any person in violation of this Section shall be guilty of a misdemeanor.
B. In addition to the penalty, the Court may order restitution to be paid by the person or
persons responsible for a party or gathering that requires a subsequent law enforcement or
emergency response. Such restitution, if ordered, would include actual costs for law enforcement
or other emergency services incurred for the purpose of abating any of the conditions or
violations described herein.
Section 2: This ordinance or summary thereof in compliance with Idaho Code §
50-901A, shall be published once in the official newspaper of the City, and shall take
effect immediately upon its passage, approval and publication.
Adopted by the Eagle City Council, Eagle, Idaho, this/HA, day of4 , 2013.
CITY OF EAGLE
Ada County, Idaho
By:
( Mayor
ATTEST: .••+'+•+"•,,,,,
°° e•••• '7 0 ,•.
City Clerk/Treasurer • '"•"" • *
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ORDINANCE NO. —PAGE 2 OF 2
RECEIVED & FILED
CITY OF EAGLE
Valley Times
P.O. Box 1790 - Eagle, Idaho 83616 File:
Route to•
LEGAL ADVERTISING PROOF OF PUBLICATION
Account:
Address:
Attention:
MAY 2 0 2013
galiC.t_,. Identification: P..1.6.:c t ei . r.fc cn,. O ',"'wu'
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PUBLIC REARING
CITY OF EAGLE
Frank T,nmasOn, being duly swom, deposes
chat he is the Principal Clerk of
veekly newspaper published at
ty, State of Idaho; that the said
general circulation in the said
and in the vicinity of Meridian,
, and has been uninterruptedly
said County during a period of
;ecutive weeks prior to the first
:e, a copy of which is attached
at the notice was published in
mformity with Section 60-108,
s amended, for 3 time(s)
entire issue of said paper, and
awspaper proper, and not in a
hat said notice was published
on the following dates: yt; ( zA 2,613
r1 a1 (3� COO
5 -/3 '13 13
In accordance with Idaho State Code 63-1311 A, legal notice is hereby given that the
EAGLE CITY COUNCIL will hold a public hearing onMay 14, 2013 at 6:30 P.M. at.
Eagle City Hall ,660 E. Civic Lane, Eagle, Idaho.
The purpose of the hearing to consider Ordinance 696, an ordinance of the City of Eagle
Amending Title 5, Adding Chapter 11 "Disorderly Household or Premises" Section 3
pij "Penalty". The proposed penalties may exceed 105% of prior penalties.
To review proposed ordinance 696 in its entirety, visit www.citvofeagle.org or contact the
y� City Clerk's Office to obtain a copy.
1� Public testimony is encouraged at the public hearing. WRITTEN COMMENTS must be
submitted no less than five (5) working days prior to the day on which the public hearing
MI is scheduled. Qualified individuals who need accessible communication aids and services
or other accommodations to participate in programs and activities are invited to make
your needs and preferences know to the 504/ADA Coordinator (Eagle City Clerk), 939-
6813. Please give us at4east three to five days advanced notice so we can adequately meet
your needs.
Tracy E. Osborn, CMC
Sr. Deputy Clerk/Treasurer
Publish: April 29th, May 6th and May 13th, 2013
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STATE OF IDAHO )
)SS
�. COUNTY OF ADA )
On this 5Lslay of ;°' in the year of 2013
before me, a Notary Publid, personally appeared
Frank Thomason, known or identifiedtto me to be the person
whose name is subscribed to the within instrument,
being by me firstl,y swom, declared that the
statemnt herein are true, In a[fnowledged to me that
e executed the same.
Notary Public for Idaho
Resat poise, ID
My Commission expires: 71717
AEt EIVEL)a EKED
CITY OF EAGLE
MAY 2 3 2013
Valley Times
P.O. Box 1790-Eagle, Idaho 83616 File:
Route to:�
LEGAL ADVERTISING PROOF OF PUBLICATION
Account G. o • Identification: (n46 rtiwn.ur__ Ko ,G`6
Address: (0(00 '• C,'V c L &M e- Run Dates: 2-0 A-0 13
Legal Notices
ORDINANCE NO.696 ?r Lines 13 1'•f Amount 4`Z-+Q "tt
5-20 X13
AN ORDINANCE OF THE CITY OF EAGLE,ADA COUNTY,IDAHO,ENACTING
TITLE 5,CHAPTER 11 SECTION 1"DISORDERLY HOUSEHOLD OR PREMISES"
PROVIDING STANDARDS FOR HOSTING EVENTS ON PRIVATE PROPERTY ank Thomason, being duly sworn, deposes
DISRUPTIVE TO THE PUBLIC HEALTH INCLUDING THE CONSUMPTION OF
ALCOHOL BY MINORS;AND PROVIDING AN EFFECTIVE DA'Z'E. and Says:That he is the Principal Clerk of
y Times, a weekly newspaper published at
WHEREAS,the.City of Eagle is authorized to enact ordinances enforceable by ),Ada County, State of Idaho;that the said
fine and infraction penalty under I.C.§50-30/ vspaper is in general circulation in the said
NOW THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY [Inty of Ada, and in the vicinity of Meridian,
COUNCIL OF THE CITY OF EAGLE,Ada County,Idaho; ), and Eagle, and has been uninterruptedly
)lublished in said County during a period of
Section 1: That Title 5,Chapter I I of the Eagle City Code is hereby enacted as Tight consecutive weeks prior to the first
follows: of this notice, a copy of which is attached
I;reto, and that the notice was published in
Chanter 11, `. Times, in conformity with Section 60-108,
DISORDERLY HOUSEHOLD OR PREMISES aho Code, as amended, for I time(s)
DISORDERLY HOUSEHOLD OR PREMIS S PROHIBITED: egular and entire issue of said paper, and
s-11-2:DEFORDERNS. led in the newspaper proper, and not in a
5-11-3:PENALTY: :ment; and that said notice was published
^y�.� on the following dates:
5-11-1:DISORDERLY HOUSEHOLD OR PREMISES PROHIBITED Dinning i Yc 2-O
A.It shall be unlawful for any person or persons to host a party,gathering or event on 3
private property within any residential area of the City:
1. which is disruptive to the Public Peace.health.safety.or welfare due to the [ding c. 2() , z_.6(3
magnitude of the crowd,loud music or other noise,disturbances.unruly behavior
by those attending the party.excessive traffic or destruction of Property:or - 3 A.44.4.1/4.kj 'T -
2.where a person under the age of twenty-one(21)years is in possession of is
consuming or is under the influence of an alcoholic beverage and the person or ' STATE OF IDAHO )
persons responsible for the party knew or reasonably should have known that the f )SS
person in possession of, consuming, or under the influence of an alcoholic t' COUNTY OF ADA
beverage is under the age of twenty-one t21)years. )
day of in the year of 2013
5=11-2:DEFINITIONS me, a Notary Publ , personally appeared
cnown or identifie to me to be the person
A.Definttnons: me is subscribed to the within instrument,
1."Party"means a party gathering or event or other assembly of Persons for a g by me fir my worn, declared that the
social occasion or activity, Sin are tru d / nowledged to me that
2."Household or premises"means any home.;pertinent.condominium,premises he executed the same.LA
or other dwelling ui,or meeting room or hall,including the yard and curtilage of �.
such household or Premises which are owned,rented,loused or under the control Notary Public for Idaho
of the person or persons responsible for the party, regardless of whether such Residinya at Bois ID
ises are occ _�on- ,�:,,. +..et�� s basis,or merely occupiO . ly Commission expires: '5 7,11 I
premises for a social function. (((
3."Person responsible for the party"means: