Ordinance - 2013 - 697 - Amending Title 3/Clarifying General Penalty, Infractions & Misdemeanors - 05/14/2013 ORDINANCE NO. 697
AN ORDINANCE OF THE CITY OF EAGLE, ADA COUNTY, IDAHO, AMENDING
TITLE 3, CHAPTER 2A, SECTION 10, TITLE 3, CHAPTER 2B, SECTION 9, TITLE
3, CHAPTER 2D, SECTION 6, TITLE 3, CHAPTER 4, SECTION 19, TITLE 4,
CHAPTER 2, SECTION 9, TITLE 4, CHAPTER 5, SECTION 3, TITLE 4, CHAPTER
5, SECTION 4-2, TITLE 4, CHAPTER 5, SECTION 5E, TITLE 4, CHAPTER 5,
SECTION 6C, TITLE 4, CHAPTER 5, SECTION 7D, TITLE 4, CHAPTER 5,
SECTION 3, TITLE 4, CHAPTER 6, SECTION 11, TITLE 4, CHAPTER 7, SECTION
5-3, TITLE 4, CHAPTER 7, SECTION 6-12, TITLE 4, CHAPTER 9, SECTION 7,
TITLE 4, CHAPTER 10, SECTION 4, TITLE 5, CHAPTER 3, SECTION 7, TITLE 5,
CHAPTER 3, SECTION8, TITLE 5, CHAPTER 6, SECTION 8B, TITLE 5, CHAPTER
7, SECTION 1B, TITLE 5, CHAPTER 8, SECTION 3, TITLE 5, CHAPTER 9,
SECTION 3, TITLE 6, CHAPTER 1, SECTION 1E, TITLE 6, CHAPTER 3, SECTION
5, TITLE 6, CHAPTER 7, SECTION 14, TITLE 7, CHAPTER 1E, SECTION 5, TITLE
8, CHAPTER 7, SECTION 9B, TITLE 10, CHAPTER 1, SECTION 13D, TITLE 3,
CHAPTER 2C, SECTION 13, TITLE 3, CHAPTER 1, SECTION 8, TITLE 3,
CHAPTER 4, SECTION 19, TITLE 4, CHAPTER 5, SECTION 4-3, TITLE 4,
CHAPTER 7, SECTION 6-1C, TITLE 4, CHAPTER 7, SECTION 6-12, TITLE 8,
CHAPTER 2A, SECTION 7D.3, TITLE 8, CHAPTER 9, SECTION 16A,
REFERENCING THE GENERAL PENALTY PROVISION OF THE EAGLE CITY
CODE, CLARIFYING INFRACTION AND MISDEMEANOR PENALTIES;
PROVIDING FOR A SUMMARY, AND PROVIDING AN EFFECTIVE DATE.
WHEREAS, the current City Code provides in numerous instances 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 current City Code provides in numerous instances for an
inconsistent infraction penalty; and where the Legislature enacted statutes providing for and
authorizing cities to create infraction penalties pursuant to Idaho Code §50-302 and 18-113A;
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 3, Chapter 2A, Section 10 of the Eagle City Code is
hereby amended as follows:
ORDINANCE NO. 697 - Page 1 of 11
3-2A-10: VIOLATION AND PENALTY:
Any person violating any of the provisions of this article shall be guilty of a misdemeanor
an infraction and punished as provided in section 1-4-1 of this code.
Section 2: That Title 3, Chapter 2B, Section 9 of the Eagle City Code is
hereby amended as follows:
3-2B-9: VIOLATION AND PENALTY:
Any person who violates any of the provisions of this article or fails to comply with any
of the terms and conditions of this act shall be guilty of a misdemeanor an infraction, and
punished as provided in section 1-4-1 of this code.
Section 3: That Title 3, Chapter 2D, Section 6 of the Eagle City Code is
hereby amended as follows:
3-2D-6: VIOLATION AND PENALTY:
Any person violating any of the provisions of this article shall be guilty of a-misdemeanor
an infraction and punished as provided in section 1-4-1 of this code.
Section 4: That Title 3, Chapter 4, Section 19 of the Eagle City Code is
hereby amended as follows:
3-4-19: PENALTY:
Any person, business, firm, company or corporation who shall violate any of the
provisions of this chapter shall be guilty of . •• •- . . .. .
punished by a fine not to exceed three hundred dollars ($300.00), or by imprisonment in
the county jail for a period not to exceed thirty (30) days or both such fine and
imprisonment. an infraction and punished as provided in section 1-4-1 of this code. Each
day or violation continued shall be separate offenses, punishable as hereinabove
described.
Section 5: That Title 4, Chapter 2, Section 9 of the Eagle City Code is hereby
amended as follows:
4-2-9: VIOLATION AND PENALTY:
Any person violating any of the provisions of this article shall be guilty of a misdemeanor
an infraction and punished as provided in section 1-4-1 of this code.
Section 6: That Title 4, Chapter 3, Section 6C of the Eagle City Code is hereby
amended as follows:
ORDINANCE NO. 697 - Page 2 of 11
SUMMARY OF
ORDINANCE NO. 697
AN ORDINANCE OF THE CITY OF EAGLE, ADA COUNTY, IDAHO, AMENDING
TITLE 3, CHAPTER 2A, SECTION 10, TITLE 3, CHAPTER 2B, SECTION 9, TITLE
3, CHAPTER 2D, SECTION 6, TITLE 3, CHAPTER 4, SECTION 19, TITLE 4,
CHAPTER 2, SECTION 9, TITLE 4, CHAPTER 5, SECTION 3, TITLE 4, CHAPTER
5, SECTION 4-2, TITLE 4, CHAPTER 5, SECTION 5E, TITLE 4, CHAPTER 5,
SECTION 6C, TITLE 4, CHAPTER 5, SECTION 7D, TITLE 4, CHAPTER 5,
SECTION 3, TITLE 4, CHAPTER 6, SECTION 11, TITLE 4, CHAPTER 7, SECTION
5-3, TITLE 4, CHAPTER 7, SECTION 6-12, TITLE 4, CHAPTER 9, SECTION 7,
TITLE 4, CHAPTER 10, SECTION 4, TITLE 5, CHAPTER 3, SECTION 7, TITLE 5,
CHAPTER 3, SECTIONS, TITLE 5, CHAPTER 6, SECTION 8B, TITLE 5, CHAPTER
7, SECTION 1B, TITLE 5, CHAPTER 8, SECTION 3, TITLE 5, CHAPTER 9,
SECTION 3, TITLE 6, CHAPTER 1, SECTION 1E, TITLE 6, CHAPTER 3, SECTION
5, TITLE 6, CHAPTER 7, SECTION 14, TITLE 7, CHAPTER 1E, SECTION 5, TITLE
8, CHAPTER 7, SECTION 9B, TITLE 10, CHAPTER 1, SECTION 13D, TITLE 3,
CHAPTER 2C, SECTION 13, TITLE 3, CHAPTER 1, SECTION 8, TITLE 3,
CHAPTER 4, SECTION 19, TITLE 4, CHAPTER 5, SECTION 4-3, TITLE 4,
CHAPTER 7, SECTION 6-1C, TITLE 4, CHAPTER 7, SECTION 6-12, TITLE 8,
CHAPTER 2A, SECTION 7D.3, TITLE 8, CHAPTER 9, SECTION 16A,
REFERENCING THE GENERAL PENALTY PROVISION OF THE EAGLE CITY
CODE, CLARIFYING INFRACTION AND MISDEMEANOR PENALTIES;
PROVIDING A SEVERABILITY CLAUSE; PROVIDING A CODIFICATION
CLAUSE; PROVIDING FOR A SUMMARY, AND PROVIDING AN EFFECTIVE
DATE.
A summary of the principal provisions of Ordinance No. 697 of the City of Eagle, Ada
County, Idaho, adopted on f lllcI Is4- , 2013, is as follows:
Section 1: Amends Title 3, Chapter 2A, Section 10 of the Eagle City Code establishing
an infraction penalty as provided in Section 1-4-1.
Section 2: Amends Title 3, Chapter 2B, Section 9 of the Eagle City Code establishing an
infraction penalty as provided in Section 1-4-1.
Section 3: Amends Title 3, Chapter 2D, Section 6 of the Eagle City Code establishing an
infraction penalty as provided in Section 1-4-1.
Section 4: Amends Title 3, Chapter 4, Section 19 of the Eagle City Code establishing an
infraction penalty as provided in Section 1-4-1.
Section 5: Amends Title 4, Chapter 2, Section 9 of the Eagle City Code establishing an
infraction penalty as provided in Section 1-4-1.
Section 6: Amends Title 4, Chapter 3, Section 6C of the Eagle City Code establishing an
infraction penalty as provided in Section 1-4-1.
Section 7: Amends Title 4, Chapter 5, Section 3 of the Eagle City Code referencing the
penalty provision codified in Section 1-4-1.
Section 8: Amends Title 4, Chapter 5, Section 4, Subsection 2 of the Eagle City Code
establishing further infraction penalties for sections within the chapter.
SUMMARY ORDINANCE NO. Page 1 of 4
Section 9: Enacts Title 4, Chapter 5, Section 5E of the Eagle City Code establishing an
infraction penalty as provided in Section 1-4-1.
Section 10: Enacts Title 4, Chapter 5, Section 6C of the Eagle City Code establishing an
infraction penalty as provided in Section 1-4-1.
Section 11: Enacts Title 4, Chapter 5, Section 7]D of the Eagle City Code establishing an
infraction penalty as provided in Section 1-4-1.
Section 12: Repeals Title 4, Chapter 5, Section 4, Subsection 3 of the Eagle City Code.
Section 13: Amends Title 4, Chapter 6, Section 11 of the Eagle City Code establishing an
infraction penalty as provided in Section 1-4-1.
Section 14: Amends Title 4, Chapter 7, Section. 5, Subsection 3 of the Eagle City Code
establishing an infraction penalty as provided in Section 1-4-1.
Section 15: Amends Title 4, Chapter 7, Section 6, Subsection 12 of the Eagle City Code
establishing an infraction penalty as provided in Section 1-4-1.
Section 16: Amends Title 4, Chapter 9, Section 7 of the Eagle City Code establishing an
infraction penalty as provided in Section 1-4-1.
Section 17: Amends Title 4, Chapter 10, Section 4 of the Eagle City Code establishing
an infraction penalty as provided in Section 1-4-11.
Section 18: Amends Title 5, Chapter 3, Section 7 of the Eagle City Code establishing an
additional infraction penalty as provided in Section 1-4-1.
Section 19: Amends Title 5, Chapter 3, Section 8 of the Eagle City Code establishing an
infraction penalty as provided in Section 1-4-1.
Section 20: Amends Title 5, Chapter 6, Section 8B of the Eagle City Code establishing
an infraction penalty as provided in Section 1-4-1.
Section 21: Amends Title 5, Chapter 7, Section 1B of the Eagle City Code establishing an
infraction penalty as provided in Section 1-4-1.
Section 22: Amends Title 5, Chapter 8, Section 3 of the Eagle City Code establishing an
infraction penalty as provided in Section 1-4-1.
Section 23: Amends Title 5, Chapter 9, Section 3 of the Eagle City Code establishing an
infraction penalty as provided in Section 1-4-1.
Section 24: Amends Title 6, Chapter 1, Section 1E of the Eagle City Code establishing
an infraction penalty as provided in Section 1-4-1.
Section 25: Amends Title 6, Chapter 3, Section 5 of the Eagle City Code establishing an
infraction penalty as provided in Section 1-4-1.
Section 26: Amends Title 6, Chapter 7, Section 14 of the Eagle City Code establishing
an infraction penalty as provided in Section 1-4-1.
Section 27: Amends Title 7, Chapter 1E, Section 5 of the Eagle City Code establishing
an infraction penalty as provided in Section 1-4-1.
Section 28: Amends Title 8, Chapter 7, Section 9B of the Eagle City Code establishing
an infraction penalty as provided in Section 1-4-1.
Section 29: Amends Title 10, Chapter 1, Section 13D of the Eagle City Code establishing
an infraction penalty as provided in Section 1-4-1.
Section 30: Enacts Title 3, Chapter 2C, Section 13 of the Eagle City Code establishing an
infraction penalty as provided in Section 1-4-1.
Section 31: Amends Title 3, Chapter 1, Section 8 of the Eagle City Code establishing an
infraction penalty as provided in Section 1-4-1.
SUMMARY ORDINANCE NO. Page 2 of 4
Section 32: Amends Title 3, Chapter 4, Section 19 of the Eagle City Code establishing a
misdemeanor penalty as provided in Section 1-4-1.
Section 33: Amends Title 4, Chapter 5, Section 4, Subsection 3 of the Eagle City Code
establishing a misdemeanor penalty as provided in Section 1-4-1.
Section 34: Amends Title 4, Chapter 7, Section 6, Subsection 1C of the Eagle City Code
establishing a misdemeanor penalty as provided in Section 1-4-1.
Section 35: Amends Title 4, Chapter 7, Section 6, Subsection 12 of the Eagle City Code
establishing a misdemeanor penalty as provided in Section 1-4-1.
Section 36: Amends Title 8, Chapter 2A, Section 7D.3 of the Eagle City Code
establishing a misdemeanor penalty as provided in Section 1-4-1.
Section 37: Amends Title 8, Chapter 9, Section 16A of the Eagle City Code establishing
a misdemeanor penalty as provided in Section 1-4-1.
Section 38: Provides a severability clause.
Section 39: Instructs the City Clerk to forward the Ordinance to the codifier.
Section 40: States that Ordinance No. shall take effect and be in force from and after
its passage, approval, and publication as required by law. Provides that a summary of
Ordinance No. 697 may be published in lieu of the entire ordinance in compliance with
Section 50-90IA, Idaho Code.
The full text of Ordinance No. 697 is available at City Hall and will be provided
to any citizen upon personal request during normal office hours.
DATED as of the day of May, 2013.
CITY OF EAGLE
Ada County, Idaho
tT : James D. Rey of•., Mayor
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ATTEST: ,,a C ��•a••••.••,.,,�°:.
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I 1g By: Sharon K. Bergmann, City Clerk , S
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SUMMARY ORDINANCE NO. Page 3 of 4
CERTIFICATION OF CITY ATTORNEY
I, the undersigned City Attorney for and legal advisor to the City of Eagle, Idaho,
hereby certify that I have read the foregoing Summary of Ordinance No. 697 of the City
of Eagle and that the same is true and complete and provides adequate notice to the
public of the contents of said Ordinance.
DATED as of the 1L+ day of May, 2013.
111111 " h 111P
Byt 1 S. oh ' a, City At orney
SUMMARY ORDINANCE NO. Page 4 of 4
C. A violation of any of the provisions of this chapter shall be guilty of a misdemeanor an
infraction and punished as provided in section 1-4-1 of this code.
Section 7: That Title 4, Chapter 5, Section 3 of the Eagle City Code is hereby
amended as follows:
4-5-3: VICIOUS DOG:
A dog of any age, male or female, which, when unprovoked, in a vicious or
terrorizing manner, approaches any person in an apparent attitude of attack upon the
streets, sidewalks, any public grounds or places or private property not owned or
possessed by the owner of the dog; or a dog with a known propensity, tendency or
disposition to attack unprovoked, to cause injury or to otherwise endanger the safety of
persons or domestic animals; or any dog which bites, inflicts injury, assaults or otherwise
attacks a person or domestic animal without provocation; or any dog owned or harbored
primarily or in part for the purpose of fighting or any dog trained for fighting.
Notwithstanding the above definition of a "vicious dog", no dog may be declared
vicious if an injury or damage sustained by a person who, at the time such injury or
damage was sustained, was committing a wilful trespass or other tort upon the premises
occupied by the owner of the dog; or was teasing, tormenting, abusing, or assaulting the
dog; or was committing or attempting to commit a crime.
No dog may be declared vicious if the injury or damage was sustained as a result
of teasing, tormenting, abusing or assaulting the dog. No dog may be declared vicious if
the dog was protecting or defending a person within the immediate vicinity of the dog
from an unjustified attack or assault.
Any person who is found guilty of owning, harboring, or has in his/her possession
any vicious dog or dogs shall be guilty of a misdemeanor and punished as provided in
section/1 5 11 3 of this chapter 1-4-1 of this code.,
Section 8: That Title 4, Chapter 5, Section 4, Subsection 2 of the Eagle City Code
is hereby amended as follows:
4-5-4-2: ADMINISTRATIVE PROCEDURE:
In order to eliminate burdening the court system with certain violations of this chapter,
and as a convenience to the public, the named defendant on a notice of ordinance
violation may pay the fixed penalty set forth below to the city clerk, in person or by mail,
within fourteen (14) days of the date of issuance of the notice of ordinance violation:
ORDINANCE NO. 697 -Page 3 of 11
Code First Second Subsequent
Section Offense Offense Offenses
4-5-1 $25.00 $50.00 $50.00
4-5-2 $25.00 $50.00 $50.00
4-5-5 $25.00 $50.00 $50.00
4-5-6 $25.00 $50.00 $50.00
4-5-7 $25.00 $50.00 $50.00
In the event payment is not made in accordance with the administrative procedure
set out herein, the uniform citation alleging an ordinance violation shall be filed in the
magistrate division of the district court.
Section 9: That Title 4, Chapter 5, Section 5E of the Eagle City Code is hereby
enacted as follows:
E. A violation of this section shall be an infraction as set forth in section 4-5-4-2.
Section 10: That Title 4, Chapter 5, Section 6C of the Eagle City Code is hereby
enacted as follows:
C. A violation of this section shall be an infraction as set forth in section 4-5-4-2.
Section 11: That Title 4, Chapter 5, Section 7D of the Eagle City Code is hereby
enacted as follows:
D. A violation of this section shall be an infraction as set forth in section 4-5-4-2.
Section 12: That Title 4, Chapter 5, Section 4, Subsection 3 of the Eagle City
Code is hereby repealed.
Section 13: That Title 4, Chapter 6, Section 11 of the Eagle City Code is hereby
amended as follows:
4-6-11: PENALTY:
A violation of any of the provisions of this chapter or the failure or omission to perform
any duty imposed by the provisions of this chapter is hereby declared unlawful and
punishable as a misdemeanor an infraction and punished as provided in section 1-4-1 of
this code.
Section 14: That Title 4, Chapter 7, Section 5, Subsection 3 of the Eagle City
Code is hereby amended as follows:
ORDINANCE NO. 697 - Page 4 of 11
4-7-5-3: PENALTY FOR VIOLATIONS:
A. Any person owning, managing or occupying any lots, lands or premises within
such incorporated limits of the city who shall, after notice, fail, refuse or neglect to
continuously keep the property they control free from refuse in a manner prescribed in
section 4-7-5-1 of this chapter shall be deemed guilty of a misdemeanor an infraction and
punished as provided in section 1-4-1 of this code. The building inspector or his/her
designee shall have the authority to issue a ticket to violators of section 4-7-5-1 of this
chapter.
B. Any person convicted of a violation of sections 4 7 5 1 through 4 7 5 2 of this
chapter shall be fined in a sum not less than one hundred dollars ($100.00) and not to
confined in jail for a period of not more than thirty (30) days. Either or both such fine and
€ In addition to the above criminal penalties, should the city cause removal and
disposal of refuse or other items as often as necessary on lots, lands or premises not in
compliance, such work shall be billed, and paid at one hundred percent (100%) of actual
expense, to the property owner involved. Should the city incur attorney fees and costs to
cause the removal and disposal of said refuse, such attorney fees and costs will be billed
and paid at one hundred percent (100%) of actual expense, by the property owner
involved. The court shall order payment to the city of the above cost as a condition of any
probation granted in a criminal proceeding. Failure of a defendant to pay within the
prescribed period may be enforced by the city within the courts both civilly and as
criminal contempt of court.
Section 15: That Title 4, Chapter 7, Section 6, Subsection 12 of the Eagle City
Code is hereby amended as follows:
4-7-6-12: REMOVAL WITHOUT PAYMENT PROVIDED:
A,Unauthorized removal of an abandoned vehicle from the custody of the city, or
from the custody of any person holding the abandoned vehicle for the city without
payment in full of all charges and costs that have been incurred under the provisions of
this chapter shall be a misdemeanor an infraction and punished as provided in section 1-
4-1 of this code. and the The abandoned vehicle may be recovered and disposed of by the
city and any additional costs and attorney fees for said recovery and disposal shall be
billed and paid at one hundred percent (100%) of actual expense. The court shall order
payment to the city of the above cost. Failure of a defendant to pay within the prescribed
period may be enforced by the city within the courts both civilly and as criminal
contempt of court.
B. The maximum punishment for violation of subsection A of this section shall be a fine
of not more than three hundred dollars ($300.00) or imprisonment not to exceed six (6)
months or by both such fine and imprisonment.
ORDINANCE NO. 697 - Page 5 of 11
Section 16: That Title 4, Chapter 9, Section 7 of the Eagle City Code is hereby
amended as follows:
4-9-7: PENALTY:
Any person violating any of the provisions of this chapter shall be deemed guilty of an
infraction and shall be punishable by a fine of fifty dollars ($50.00). and punished as
provided in section 1-4-1 of this code.
Section 17: That Title 4, Chapter 10, Section 4 of the Eagle City Code is
hereby amended as follows:
4-10-4: PENALTY:
this chapter. Any person violating any of the provisions of this chapter shall be guilty of
an infraction and punished as provided in section 1-4-1 of this code.
Section 18: That Title 5, Chapter 3, Section 7 of the Eagle City Code is hereby
amended as follows:
5-3-7: PENALTIES:
Any operator of a motor vehicle or a motor vehicle and trailer who shall stand,
stop, or park such vehicle in violation of the provisions of this chapter shall be deemed to
have committed a parking violation. In the event that a parking ticket is not paid in
accordance with the administrative procedure set forth in section 5-3-6 of this chapter, an
infraction citation or complaint punishable as provided in section 1-4-1 shall additionally
be issued for the administrative failure to pay the a parking violation which may
thereafter be filed in the magistrate division of the district court.
Section 19: That Title 5, Chapter 3, Section 8 of the Eagle City Code is hereby
amended as follows:
5-3-8: PARKING OF VEHICLES FOR SALE PROHIBITED:
No person shall park to sell any vehicle in the rights of way of Eagle Road, Highway 44,
Highway 55, State Street, Floating Feather Road, Hill Road, Edgewood, and Ballantyne.
Any person who violates any of the provisions of this section shall be deemed guilty of
an infraction and punished as provided in section 1-4-1 of this code and, upon ;ue gment
thereof, shall be subject to the penalties set forth in Idaho infraction rule 9(b) (other
infractions) and shall be subject to a one hundred dollar ($100.00) fine and shall have
their vehicle towed and impounded by the Ada County sheriffs department.
ORDINANCE NO. 697 - Page 6 of 11
Section 20: That Title 5, Chapter 6, Section 8B of the Eagle City Code is
hereby amended as follows:
B. The failure or omission to comply with any section of this chapter shall be deemed a
this code. Any person violating any of the provisions of this chapter shall be guilty of an
infraction and punished as provided in section 1-4-1 of this code.
Section 21: That Title 5, Chapter 7, Section 1B of the Eagle City Code is
hereby amended as follows:
B. Penalties: Any person who violates any provision of this section shall be deemed
guilty of a misdemeanor an infraction and punished as provided in section 1-4-1 of this
code.
Section 22: That Title 5, Chapter 8, Section 3 of the Eagle City Code is hereby
amended as follows:
5-8-3: PENALTY:
Any person violating any of the provisions of this chapter shall be guilty of a
misdemeanor an infraction and punished as provided in section 1-4-1 of this code.
Section 23: That Title 5, Chapter 9, Section 3 of the Eagle City Code is hereby
amended as follows:
5-9-3: PENALTY:
Any person violating any of the provisions of this chapter shall be guilty of a
misdemeanor an infraction and punished as provided in section 1-4-1 of this code.
Section 24: That Title 6, Chapter 1, Section 1E of the Eagle City Code is
hereby amended as follows:
6-1-1E. Violation And Penalty: A violation of this section shall constitute a misdemeanor an
infraction and shall be punishable as provided in section 1-4-1 of this code.
Section 25: That Title 6, Chapter 3, Section 5 of the Eagle City Code is hereby
amended as follows:
6-3-5: VIOLATON AND PENALTY:
Any person violating any of the provisions of this chapter shall be deemed guilty of a
misdemeanor an infraction and shall, upon conviction or a finding of guilt thereof in the
court of Ada County, Idaho, be punished as provided in section 1-4-1 of this code.
ORDINANCE NO. 697 - Page 7 of 11
Section 26: That Title 6, Chapter 7, Section 14 of the Eagle City Code is
hereby amended as follows:
6-7-14: PENALTIES:
Any violation of a provision of this chapter shall be a misdemeanor an infraction and
shall, upon conviction or a finding of guilt thereof in the court of Ada County, Idaho, be
punished as provided in section 1-4-1 of this code.
Section 27: That Title 7, Chapter 1E, Section 5 of the Eagle City Code is
hereby amended as follows:
7-1E-5: PENALTY:
A violation of any of the provisions of this chapter, or the failure or omission to perform
any duty imposed by the provisions of this chapter is hereby declared unlawful and
punishable as a misdemeanor an infraction and shall, upon conviction or a finding of guilt
thereof in the court of Ada County, Idaho, be punished as provided in section 1-4-1 of
this code.
Section 28: That Title 8, Chapter 7, Section 9B of the Eagle City Code is
hereby amended as follows:
B. Penalties: The city attorney shall, in addition to taking whatever criminal
action deemed necessary, take steps to civilly enjoin any violation of this title. Penalties
for failure to comply with or violations of the provisions of this title shall be as follows:
Violation of any of the provisions of this title or failure to comply with any of its
requirements shall constitute a misdemeanor an infraction, and be punishable as provided
in section 1-4-1 of this code. Each day such violation continues shall be considered a
separate offense. The landowner, tenant, subdivider, builder, public official or any other
person who commits, participates in, assists in or maintains such violation may be found
guilty of a separate offense. Nothing herein contained shall prevent the council or any
other public official or private citizen from taking such lawful action as is necessary to
restrain or prevent any violation of this title or of the Idaho Code.
Section 29: That Title 10, Chapter 1, Section 13D of the Eagle City Code is
hereby enacted as follows:
D. Penalties. The provisions of this chapter shall be enforceable, and any
violation hereof shall be punishable, as set forth in subsection 8 7 9B of this code.The
city attorney shall, in addition to taking whatever criminal action deemed necessary, take
steps to civilly enjoin any violation of this title. Penalties for failure to comply with or
violations of the provisions of this title shall be as follows:
Violation of any of the provisions of this title or failure to comply with any of its
ORDINANCE NO. 697 - Page 8 of 11
requirements shall constitute an infraction, and be punishable as provided in section 1-4-1
of this code. The landowner, tenant, subdivider, builder, public official or any other
person who commits, participates in, assists in or maintains such violation may be found
guilty of a separate offense. Nothing herein contained shall prevent the council or any
other public official or private citizen from taking such lawful action as is necessary to
restrain or prevent any violation of this title or of the Idaho Code.
Section 30: That Title 3, Chapter 2C., Section 13 of the Eagle City Code is
hereby enacted as follows:
3-2C-13: VIOLATION AND PENALTY:
Any person violating any of the provisions of this article shall be guilty of an infraction
and punished as provided in section 1-4-1 of this code.
Section 31: That Title 3, Chapter 1, Section 8 of the Eagle City Code is hereby
amended as follows:
3-1-8: VIOLATION AND PENALTY:
If any person, persons, or entities exercise or carry on any trade, business or profession
without first receiving a license from the city as required by this chapter, or violate any of
the provisions of this chapter, he, she, or they shall be guilty of an infraction punishable
as provided in section 1-4-1 of this code. by collection of a fine of fifty dollars ($50.00);
provided further, however that such person's or persons' failure to pay such a fine within
thirty (30) days of notice of such infraction shall constitute a misdemeanor punishable as
Section 32: That Title 3, Chapter 4, Section 19 of the Eagle City Code is
hereby amended as follows:
3-4-19: PENALTY:
Any person, business, firm, company or corporation who shall violate any of the
provisions of this chapter shall be guilty of a misdemeanor and upon conviction shall be
punished as provided in section 1-4-1 of this code. by a fine not to exceed three hundred
dollars ($300.00), or by imprisonment in the county jail for a period not to exceed thirty
(30) days or both such fine and imprisonment. Each day or violation continued shall be
separate offenses, punishable as hereinabove described
Section 33: That Title 4, Chapter 5, Section 4, Subsection 3 of the Eagle City
Code is hereby amended as follows:
4-5-4-3: VIOLATIONS; PENALTY:
ORDINANCE NO. 697 - Page 9 of 11
Any person violating any of the provisions of this chapter shall be guilty of a
misdemeanor and punished as provided in section 1-4-1 of this code. for which a fixed
penalty has not been set is guilty of a misdemeanor which is punishable by a fine not to•- - - . . .. I 1 .. •- . • . --- - •- -- . . - --
not to exceed six (6)months, or by both such fine and imprisonment.
Section 34: That Title 4, Chapter 7, Section 6, Subsection 1C of the Eagle City
Code is hereby amended as follows:
C. Any person convicted of a violation of this section shall be fined in a sum not less than one
hundred dollars ($100.00) and not to exceed three hundred dollars ($300.00) for any one offense and
such person may be confined in jail for a period of not more than thirty (30)days. Either or both such
fine and imprisonment may be imposed. Any person violating any of the provisions of this
chapter shall be guilty of a misdemeanor and punished as provided in section 1-4-1 of
this code.
Section 35: That Title 4, Chapter 7, Section 6, Subsection 12 of the Eagle City
Code is hereby amended as follows:
C. The maximum punishment for violation of subsection A of this section shall be a fine of not more
than three hundred dollars ($300.00) or imprisonment not to exceed six (6) months or by both such
fine and imprisonment. Any person violating any of the provisions of this chapter shall be
guilty of a misdemeanor and punished as provided in section 1-4-1 of this code.
Section 36: That Title 8, Chapter 2A, Section 7D.3 of the Eagle City Code is
hereby amended as follows:
C. When the city determines that a sight obstruction exists, it shall notify the owner of the property
upon which the obstruction is located and order that the obstruction be removed within fifteen (15)
days. The failure of the owner to remove the obstruction shall constitute a misdemeanor, punishable
as provided in section 1-4-1 of this code. by a maximum of three hundred dollars ($300.00) and
six(6) months in jail, and every day the owner fails to remove the obstruction shall be a separate and
distinct offense.
Section 37: That Title 8, Chapter 9, Section 16A of the Eagle City Code is
hereby amended as follows:
A. Any person who violates any provision of this chapter shall be guilty of a misdemeanor which
shall be punishable as provided in section 1-4-1 of this code. by a fine of not more than three
hundred dollars($300.00).
Section 38: If any part of this ordinance shall be held unconstitutional or void,
such part shall be deemed separable and its invalidity shall not affect the remaining parts
of the ordinance.
ORDINANCE NO. 697 - Page 10 of 11
Section 39: The City Clerk is instructed to immediately forward this ordinance to
the codifier of the official municipal code for proper revision of the code.
Section 40: This ordinance shall take effect and be in force from and after its
passage, approval, and publication as required by law. In lieu of publication of the entire
Ordinance, a summary thereof in compliance with Section 50-901A, Idaho Code, may be
published.
Adopted by the Eagle City Council, Eagle, Idaho, this /4}kday of —, 2013.
CITY OF EAGLE
Ada County, Idaho
■
By'_ i - 2)�..��.,� _
JAMES D. RE ri DS
Mayor
ATTEST:
oo„,I n n,,,••
SHAR N K. BERGMANN c "GoRP°R��..<r,
City Clerk/Treasurer :
•
[SEAL]
ssr.
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ORDINANCE NO. 697 - Page 11 of 11
Valley Times
P.O. Box 1790 - Eagle, Idaho 83616
LEGAL ADVERTISING PROOF OF PUBLICATION
Account:
11 E°/ILA
Address: 6190 Q. Civic- Lawes
Eat -) S o
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Attention:
PUBLIC HEARING
CITY OF EAGLE
5-13 '13
Identification:
Run Dates:
Number Lines
Other
In accordance with Idaho State Code 63-131 IA, legal notice is hereby given that the
EAGLE CITY COUNCIL will hold a public hearing on May 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 697, An Ordinance Of The City Of
Eagle, Ada County, Idaho, Amending Title 3, Chapter 2A, Section 10, Title 3, Chapter
2B, Section 9, Title 3, Chapter 2D, Section 6, Title 3, Chapter 4, Section 19, Title 4,
Chapter 2, Section 9, Title 4, Chapter 5, Section 3, Title 4, Chapter 5, Section 4-2, Title 4,
Chapter 5, Section 5E, Title 4, Chapter 5, Section 6C, Title 4, Chapter 5, Section 7D, Title
4, Chapter 5, Section 3, Title 4, Chapter 6, Section 11, Title 4, Chapter 7, Section 5-3,
Title 4, Chapter 7, Section 6-12, Title 4, Chapter 9, Section 7, Title 4, Chapter 10, Section
4, Title 5, Chapter 3, Section 7, Title 5, Chapter 3, Section8, Title 5, Chapter 6, Section
8B, Title 5, Chapter 7, Section 1B, Title 5, Chapter 8, Section 3, Title 5, Chapter 9, Section
3, Title 6, Chapter 1, Section IE, Title 6, Chapter 3, Section 5, Title 6, Chapter 7, Section
14, Title 7, Chapter le, Section 5, Title 8, Chapter 7, Section 9B, Title 10, Chapter 1,
Section 13D, Title 3, Chapter 2C, Section 13, Title 3, Chapter 1, Section 8, Title 3, Chapter
4, Section 19, Title 4, Chapter S, Section 4-3, Title 4, Chapter 7, Section 6 -IC, Title 4,
Chapter 7, Section 6-12, Title 8, Chapter 2A, Section 7D.3, Title 8, Chapter 9, Section
16a, referencing the general penalty provision of the Eagle City Code, clarify'ing infraction
and misdemeanor penalties. The proposed penalties may exceed 105% of prior penalties.
To review proposed ordinance 697 in its entirety, visit www.cityofeagle.org or contact the
City Clerk's Office to obtain a copy.
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
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 at least three to five days advanced notice so we can adequately meet
your needs.
Tracy E. Dsborn, CMC
Sr. Deputy Clerk/Treasurer
Publish: April 29th, May 6th and May 13th, 2013
Publish: April 29th, May 6th and May 13th, 2013
,,sr, Publish: April Z9ttt, May ou' aa14.1 mut., --
RECEIVED & FILED
CITY OF EAGLE
MAY 2 0 2013
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Frank Thnr ason, being duly swom, deposes
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of Idaho; that the said
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been uninterruptedly
my during a period of
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Notary Public for Idaho
Residin at oise, ID
My Commission expires:. - !7
8 OEIIVE & i
Valley Times OF EAGLE
P.O. Box 1790- Eagle, Idaho 83616 MAY 2 3 2013
LEGAL ADVERTISING PROOF OF PUBLICATION File:
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SUMMARY OF
ORDINANCE NO 697 I
AN ORDINANCE OF THE CITY OF EAGLE,ADA COUNTY,IDAHO,AMF,NI)ING °odc establishing a
T `LE 3,CHAPTER 2A,SECTION 10, TITLE 3,CHAPTER 211,SECTION 9,TITLE )n, being duly sworn, deposes
3, CHAPTER 21), SECTION 6, TITLE-3, CHAPTER 4, SECTION 19, TITLE 4; e Eagle City Code hat he is the Principal Clerk of
CHAPTER 2,SECTION 9,TITLE 4,CHAPTER 5,SECTION 3,TIME 4,CHAPTER e.Eagle city cock eekly newspaper published at
5, SECTION 4-2, TITLE 4, CHAPTER 5, SECTION SE, TITLE'4, CHAPTER 5, y, State of Idaho;that the said
SECTION 6C, TITLE 4, CHAPTER 5, SECTION 7D, TITLE 4, CHAPTER 5, Caycode general circulation in the said
SECTION 3,TITLE 4,CHAPTER 6,SECTION 11,TITLE 4,CHAPTER 7,SECTION and in the vicinity of Meridian,
5-3, TITLE 4, CHAPTER 7, SECTION 6-12, TITLE 4, CHAPTER 9, SECTION 7, a ,. Code
TITLE 4,CHAPTER 10,SECTION 4,TITLE 5,CHAPTER 3,SECTION 7,TITLE 5, ty and has been uninterruptedly
CHAPTER 3,SECTIONS,TITLE 5,CHAPTER 6,SECTION 88,T1lT11 5,CHAPTER � b aid County during a period of
7, SECTION 1B, TITLE 5, CHAPTER 8, SECTION 3, TITLE 5, CHAPTER 9, °CUtIVe weeks prior to the first
SECTION 3,TIME 6,CHAPTER 1,SECTION 1E,TITLE 6,CHAPTER 3,SECTION P
5,iITLE 6;CHAPTER 7;SECTION ION 14,TITLE 7,CHAPTER 1E,SECTION 5,TITLE e, a copy of which is attached
8, CHAPTER 7,SElCIION 911 TITLE 10, CHAPTER 1, SECTION 13D, TITLE 3, and after at the notice was published in
CHAPTER 2C, SECTION 13, 'fl 11,E 3, CHAPTER 1, SECTION 8, TITLE 3,` a summary of'nformity with Section 60-108,
CHAPTER 4, SECTION 19, TITLE 4, CHAPTER 5, SECTION 4-3, TITLE 4, t.compliance s amended, for J time(s)
CHAPTER 7, SECTION 6-IC, TITLE 4, CHAPTER 7, SECTION 6-12, TITLE 8, s amended,
issue,of said paper, and
CHAPTER 2A, SECTION 71)3, TITLE 8, CHAPTER 9, SECTION 16A,
COD CLARIFYING GENERAL NFRACTIONL AND MISDEMEANOR PENLALTIES; I will be provided 'WSpaper proper, and not in a
lot said notice was published
PROVIDING A SEVERABILITY CLAUSE; PROVIDING A CODIFICATION on the following dates:
CLAUSE; PROVIDING FOR A SUMMARY, AND PROVIDING AN EFFECTIVE g
GI, do 2.913
DATE. J L
A summary of the principal provisions of Ordinance No 697 of the City of Eagle,Ada
2
County,Idaho,adopted on/1l9 14- ,2013,is as follows: -
Section 1; Amends Title 3,Chapter 2A,Section 10 of the Eagle City Code establishing 1 2 j (3
an infraction penalty as provided in Section I-4-1. .
tF
Section 2:, Amends Title 3,Chapter 213;Section 9 of the Eagle City Code establishing an . L., t .L vwtAi nn,
infraction penalty as provided in Section 1-4-1.
Sgetignil Amends Title 3,Chapter 2D,Section 6 of the Eagle City Code establishing an STATE OF IDAHO )
infraction penalty as provided in Section 1-4-1.
Section 4 Amends Title 3,Chapter 4,Section 19 of the Eagle City Code establishing an f►..,,, )SS
infraction penalty as provided in Section 14-1. `6`q a COUNTY OF ADA
Section 5: Amends Title 4,Chapter 2,Section 9 of the Eagle City Code establishing an f.,G' )
� F in the year of 2013
infraction penalty as provided 1-4-1. R-a, : ° Pu 'ic, personally appeared
Section 6: Amends.Tide 4,Chapter 3,Section 6C of Eagle City Code establishing an *'• tiff o; to me to be the person
infraction penalty as provided in Section 1-4-1. L :r ;
Section 7: Amends Title 4;Chapter 5,Section 3 of the Eagle City Code referencing the ,: ,c��: bed to the within instrument,
penalty provision codified in Section 1-4-1. t00\ Iu1 sworn, declared that the
Section 8: Amends Title 4, 5,Section 4,Subsection 2 of the Eagle City Code i„`..
knowledged to me that
establishing further infraction penalties for sections within the chapter. 1< g
She ,ion 9_ Enacts Tide 4,Chapter 5;Section 5E of the Eagle City Code.establishing an II he executed the same.
infraction penalty as provided in.Section 1-4-1. kfEagle,Idaho,
Section 10: Enacts Title 4,Chapter 5,Section 6C of the Eagle City Code establishing an on notice Notary Public for Idaho
infraction penalty as provided in Section 1-4-I.
Section 11: Enacts Title 4,Chapter 5,Section 71)of the Eagle City Code establishing an 1- Resi mn at of , ID
infraction penalty as provided in Section 14-1. t expires: Ll
Section 12: Repeals Title 4,Chapter 5,Section 4,Subsection 3 of the Eagle City Code.
A m e n d s Title 4,C h a p t e r 6,S e c t i o n I I of the Eagle.City Code establishing an 0-
infraction penalty as provided in Section 1-4-1.
u Section l4: Amends Title 4,Chapter 7,Section 5,Subsection 3 of the Eagle City Code
1 establishing an infraction penalty as provided in Section 1-4-1.
Section 15: Amends Title 4,Chapter 7,Section 6,Subsection 12 of the Eagle City Code .
establishing an infraction penalty as provided in Section 1-4-1.
Amends Title 4,Chapter 9,Section 7 of tlx:Eagle City Code establishing an
infraction penalty as provided in Section 1-4-1.
Section 17: Amends Title 4,Chapter 10,Section 4 of the Eagle City Code establishing