Ordinance - 2013 - 695 - Amend Title 1/General Penalty - 05/14/2013 ORDINANCE NO. 695
AN ORDINANCE OF THE CITY OF EAGLE, ADA COUNTY, IDAHO, AMENDING
TITLE 1, CHAPTER 4, SECTION 1 "GENERAL PENALTY" AND TITLE 1,
CHAPTER 4, SECTION 2A TO CONFORM WITH IDAHO STATUTE GOVERNING
CRIMINAL PENALTIES; PROVIDING FOR A SUMMARY, AND PROVIDING AN
EFFECTIVE DATE.
WHEREAS, the current City Code provides for a maximum penalty of Three
Hundred Dollars ($300) fine or six (6) months of jail, or both; and where the Legislature
enacted statutes providing for and authorizing cities to create misdemeanors and the
maximum penalty provided by state law is a One Thousand Dollars ($1,000) fine and six (6)
months of imprisonment, or both pursuant to Idaho Code §50-302, and 18-113; and
WHEREAS, the Eagle City Prosecutor has made the recommendation to the Mayor
and Eagle City Council that certain ordinances should be updated or amended for greater
consistency, conformance with state law, and to provide law enforcement with enforceable
laws that will address the community's needs.
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 1, Chapter 4, Section 1 of the Eagle City Code is hereby
amended as follows:
1-4-1: GENERAL PENALTY:
A. Misdemeanor Penalty: Any person convicted or found guilty of a violation of any
section or provision of this code, without regard to the form of the judgment, shall be
subject to fine and/or imprisonment up to but not exceeding the maximum penalties set
forth in §§ 18-113 and 50-302, Idaho Code, as may from time to time be amended and/or
retitled. may be fined in a sum not to exceed three hundred dollars ($300.00) for any
offense and such person may be confined in jail for a period of not more than six (6)
mss. Either or both such fine and imprisonment may be imposed; and in addition
thereto, any person so convicted shall pay costs as the court may assess.
B. Infraction Penalty: Any person convicted of a violation of any section or provision of
this code when such offense is specifically designated as an infraction, and where no
other penalty is set forth therein, shall be subject to fine as set forth in § 18-113A, Idaho
Code, as may from time to time be amended and/or retitled. Failure to satisfy judgment as
ordered by the court shall be deemed contempt of court punishable as a misdemeanor
pursuant to Idaho Code 18-1801.
C. Federally Mandated Programs: When this City is participating in a federally mandated
program, wherein penalties or enforcement remedies are required by the terms of
participation in the program, the City may enforce such requirements by ordinance, to
include a criminal or civil monetary penalty not to exceed one thousand dollars
ORDINANCE NO. —PAGE 1 OF 2
($1,000.00), or imprisonment for criminal offenses not to exceed six (6) months or to
include both a fine and imprisonment for criminal offenses as set forth in § 50-302, Idaho
Code, as may from time to time be amended and/or retitled.
D. License: When a person is convicted or found guilty of a violation of any section or
provision of this code or any ordinance of the city, any license previously issued to
him/her by the city, and directly related to the conviction, may be revoked by the court or
by the city council.
Section 2: That Title 1, Chapter 4, Section 2A of the Eagle City Code is hereby amended
as follows:
A. The penalty penalties provided in this chapter shall be applicable to every
section of this code the same as though it were a part of each and every separate section.
Where no other penalty is specifically set forth therein, any Any person convicted of a
violation of any section of this code where a duty is prescribed or obligation imposed, or
where any action which is of a continuing nature is forbidden or is declared to be
unlawful, shall be deemed guilty of a misdemeanor and punished as provided in section
1-4-1 of this chapter. Whether misdemeanor or infraction, a A separate offense shall be
deemed committed upon each day such duty or obligation remains unperformed or such
act continues, unless otherwise specifically provided in this code.
Section 3: This ordinance or summary thereof in compliance with Idaho Code §
50-901A, attached hereto as Exhibit A, shall be published once in the official newspaper of
the City, and shall take effect immediately upon its passage, approval and publication.
PASSED by the Council of the City of Eagle, Idaho, this/a/1day of fr t c/ , 2013.
APPROVED by the Mayor of the City of Eagle, Idaho this jytkday of f , 2013.
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MAYOR
ATTEST:
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SHAR• K. BERGMANN * : *
CITY CLERK/TREASURER 1,' SEAL
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ORDINANCE NO. —PAGE 2 OF 2
Valley Times
P.O. Box 1790 - Eagle, Idaho 83616
LEGAL ADVERTISING PROOF OF PUBLICATION
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Attention:
May 13, 2013
Legal Notices
Identification:
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1 RECEIVED & FILED
CITY OF EAGLE
MAY 2 0 2013
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PUBLIC HEARING
CITY OF EAGLE
In accordance with Idaho State Code 63-1311A, legal notice is hereby given that the t that the
EAGLE CI{I'Y COUNCIL will hold a public hearing onMay 14, 2013 at 6:30 P.M. at ) p.M. at
Eagle City Hall ,660 E. Civic Lane, Eagle, Idaho.
The purpose of the hearing to consider Ordinance 695, an ordinance of the City o Eagle of Eagle
th Idaho Statute
PenalPenalties. The proposed penalties ter 4, on 2A to conform may exceed 105%0 of prior penalties. Criminal
To review proposed ordinance 695 in its entirety, visit www.cityofeagle.org or contact the ,ntact the
City Clerk's Office to obtain a copy.
Public testimony is encouraged at the public hearing. WRITTEN COMMENTS must bel must be
submitted no less than five (5) working days prior to the day on which the public hearing . hang
is scheduled. Qualified individuals who need accessible communication aids and services services
or ,other accommodations to participate in programs and activities are invited to make to make
your needs and preferences know to the 504/ADA Coordinator (Eagle City Clerk). Please .). Please
give us at least three to five days advanced notice so we can adequately meet your needs. in needs.
Tracy E. Osborn, CMC
Sr. Deputy Clerk/Treasurer
vblish: April 29th, May 6th and May 13th, 2013
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STATE OF IDAHO )
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Notary Public for Idaho
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On this I 144ay of
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Frank Thomason, known or identifie
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FiECEIVELI_&Flt -
CITY OF EAGLE
MAY 2 3 2013
File:
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LEGAL ADVERTISING PROOF OF PUBLICATION
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ORDINANCE Na.695 �D / r Lines ( Z Amount
w AN ORDINANCE OF THE CITY OF EAGLE,ADA COUNTY,IDAHO,AMENDING
TITLE I, CHAPTER 4, SECTION 1 "GENERAL PENALTY" AND TITLE t,
CHAPTER 4,SECTION 2A TO CONFORM WITH IDAHO STATUTE GOVERNING
CRIMINAL PENALTIES;PROVIDING FOR A SUMMARY,AND PROVIDING AN ank Thomason, being duly sworn, deposes
EFFECTIVE DATE and says: That he is the Principal Clerk of
y Times, a weekly newspaper published at
WHEREAS,the current City Code provides far a maximum penalty of Three
Hundred Dollars($300)fine or six(6)months of jail,or both;and where the Legislature ' Ada County, State of Idaho; that the said
enacted statutes providing for and authorizing cities to create misdemeanors and the vspaper is in general circulation in the said
maximum penalty provided by state law is a One Thousand Dollars($1,000)tine and six(6) unty of Ada, and in the vicinity of Meridian,
months of imprisonment,or both pursuant to Idaho Code§50-302,and I8-113;and •, and Eagle, and has been uninterruptedly
WHEREAS,the Eagle City Prosecutor has made the recommendation to the Mayor )ublished in said County during a period of
and Eagle City Council that certain ordinances should be updated or amended for greater
consistency,conformance with state law,and to provide law enforcement with enforceable y-eight consecutive weeks prior to the first
laws that will address the community's needs. i of this notice, a copy of which is attached
WHEREAS,the City of Eagle is authorized to enact ordinances enforceable by ereto, and that the notice was published in
fine and infraction penalty under I.C.§50-302. 'Times, in conformity with Sectign 60-108,
NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY ah0 Code, as amended, for I time(s)
COUNCIL OF THE CITY OF EAGLE,Ada County,Idaho;
egular and entire issue of said paper, and
lted in the newspaper proper, and not in a
*algal That Title I.Chapter 4,Section I of the Eagle City Code is hereby r-nent;and that said notice was published
amended as follows: h aon the following dates:
1-4-i:GENERAL PENALTY: tinning TI'l Q ?.O f "e 3
A,Misdemeanor Penalty: Any person convicted er-€our gummy of a violation of any ' a
section or provision of this code,without regard to the form of the judgment,shall be
subject to fine and/or imprisonment up to but not exceeding the maximum penalties set
forth in 6g 18-113 and 50-302.Idaho Code,as may from time to time be amended and/or in9 Lc)l t'3
retitled4
Either or both such fine and imprisonment may be imposed; and in addition
thereto,any person so convicted shall pay costs as the court may assess.
STATE OF IDAHO )
B. Infraction Penalty:Any person convicted of a violation of any section or provision of )SS
this code when such offense is specifically designated as an infraction,and where no COUNTY OF ADA)
other penalty is set forth therein.shall be subject to fine as set forth in S II-113A.Idaho day of in the year of 2013
Code.as may from time to time be amended and/or retitled.Fail to satisfy judgment as
e, a Notary Publi personally appeared
eared
ordered by the court shall be deemed contempt of court punishable as a misdemeanor
pursuant to Idaho Code 18-1801; own or identified o me to be the person
C Fedeta y Mmalaled l pg s•When this city is parts ire in a federauv mandated
e is subscribed to the within instrument,
by me first
program wherein penalties or enforcement remedies are required by the terms of • .ly sworn, declared that the
participation in the program, 4•-City may enforce such requirements by ordinance.to n are tie, a• nowledged to me that
jlude a criminal or civil monetary penalty not to exceed one thousand dollars ii ex- uted the same.
(S1.000.001.or imprisonment for criminal offenses not to exceed six(61 months or to (n. wJG
include both a tine and.impnstnmtent for criminal offenses as set forth in§5¢302,Idaho f Notary Public for Idaho
Code•as may_from time to time be amended and/or retitled. Residin at ise, ID
D. License; When a person is convicted or found guilty of a violation of any section or /Commission expires:
provision of this code or any ordinance of the city, any license'previously issued to
him/her by the city,and directly related to the conviction,may be revoked by the court or
by the city council.
C...,tinn'7 Thai Titdo 1 Chan4-r,4 Ceirtion/A of the Rattle City Code is herei ''amended