Ordinance - 2013 - 703 - Clarifying Infraction/Misdemeanor Penalties - 09/24/2013 ORDINANCE NO. 703
AN ORDINANCE OF THE CITY OF EAGLE, ADA COUNTY, IDAHO, AMENDING
TITLE 4, CHAPTER 3, SECTION 6 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 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 4, Chapter 3, Section 6 of the Eagle City Code is hereby
amended as follows:
4-3-6: ENFORCEMENT:
A. If the owner of the property or person occupying or controlling such premises on
which the nuisance exists does not abate the nuisance within the time allowed, they may
be proceeded against either civilly or criminally. The expenses of abatement and
abatement proceedings (including any expenses arising from contractors hired by the city
to perform said abatement) shall be charged to the owner of the property on which the
nuisance exists. Failure to pay for expenses incurred by the city to eliminate the nuisance
within thirty (30) days shall result in a lien upon the subject property as allowed in Idaho
state code section 67-6527.
five dollars ($25.00) per day shall be imposed on the property owner and shall continue
for ten (10) days or until the public nuisance is eliminated, whichever comes first. Failure
to bring the property into conformance after this ten (10) day period will result in a
-- • . .
B G. A violation of 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. (Ord. 697, 5-14-2013)
Section 2: That Title 8, Chapter 2A, Section 7D3 of the Eagle City Code is
hereby amended as follows:
3. 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 be
punishable as an infraction as provided in section 1-4-1 of this code.
ORDINANCE NO. —PAGE 1 OF 3
Section 3: 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 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 sections
18-113 and 50-302, Idaho Code, as may from time to time be amended and/or retitled.
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. 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.
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 section
18-113A, Idaho Code, as may from time to time be amended and/or retitled.
1. Failure to Appear on Citation or Summons. If the defendant fails to
appear before the clerk and/or court at or before the time stated in an
infraction citation or summons, the court shall enter default judgment
against the defendant for the infraction as provided by law without
giving further notice to the defendant.
2. Failure to Appear After First Appearance. If a defendant fails to appear
at the time fixed by a trial date notice or continuance notice served on
the defendant as provided by law, the court shall enter default
judgment against the defendant for the infraction without giving
further notice to the defendant.
3. Notice of Default Judgment. If a default judgment is entered against a
defendant for an infraction pursuant to law, the clerk shall mail a
notice of judgment to the defendant at the address stated in the citation
advising the defendant that the defendant must pay the judgment by a
date certain which shall not be less than fourteen (14) days after the
date of the notice. Where applicable, the notice shall state that failure
to pay the judgment will result in suspension of his/her driver's license.
C. Failure to Obey Citation for Misdemeanor or Infraction.
1. In addition to the aforementioned penalties provided herein, it shall be
unlawful for any person to fail to appear in court at the time promised
on a misdemeanor or infraction citation or to fail to appear at the time
indicated on a misdemeanor or infraction citation served upon the
defendant or to fail to appear at the time indicated on a misdemeanor
or infraction summons served upon the defendant, regardless of the
disposition of the underlying charge upon which such citation or
summons was originally issued.
ORDINANCE NO. —PAGE 2 OF 3
2. The duty to appear in court at the time indicated in a misdemeanor or
infraction citation or summons may be complied with by an
appearance by counsel in the manner prescribed by rule of the
Supreme Court.
3. Violation of the provisions of this subsection shall be a misdemeanor.
G D. 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
($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 section 50-302,
Idaho Code, as may from time to time be amended and/or retitled.
14 E. 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 4 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 5: 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 day of September, 2013.
CITY OF EAGLE
Ada County, Idaho
,C, eerv,..„44.)
Mayor
ATTEST:
_ Lame •,f p1 E r
City C erk/Treasurer r Q o R c�
V z ELroan •.
"Vv 1111110
ORDINANCE NO. —PAGE 3 OF 3
fEtIVE1 IAL
CITY OF EAGLE
at,;.4 3 2013
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File:
Valley Times Route to -- ._ -- ---
P.O. Box 1790-Eagle, Idaho 83616
LEGAL ADVERTISING PROOF OF PUBLICATION
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Address: (496 E . Civi . �-ur,e Run Dates: 9.' 30 0-'O 13
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Legal Notices amended asfoi ,
I-4-1:C Cason, being duly sworn,deposes
ORDINANCE NO.703 A.Misdarr;:That he is the Principal Clerk of
AN ORDINANCE OF THE CITY OF EAGLE,ADA COUNTY,IDAHO,AMENDING 11''p1 'of this a weekly newspaper published at
TITLE 4,CHAPTER 3, SECTION 6 REFERENCING THE GENERAL PENALTY Or.' ' ' unty, State of Idaho;that the said
1tF133 asrct SA-3�
PROVISION OF THE EAGLE CITY CODE, CLARIFYING INFRACTION AND Either of both ' 1 in general circulation in the said
MISDEMEANOR PENALTIES; PROVIDING FOR A SUMMARY, AND person i0-,and in the vicinity of Meridian,
PROVIDING AN EFFECTIVE DATE. Ile,and has been uninterruptedly
WHEREAS,the City of Eagle is authorized to enact ordinances enforceable by in said County during a period of
fine and infraction penalty under I.C.a 150-302. B. ; )nsecutive weeks prior to the first
NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY provision of this oncat a copy of which is lisped in
COUNCIL OF THE CITY OF EAGLE,Ada County,Idaho; where
1113A,Idaho'x.n that the notice was published in
n conformity with Section 60-108,
Section 1: That Tide 4,Chapter 3,Section 6 of the Eagle City Code is hereby _. L e,as amended,for 1 times)
amended as follows; rid entire issue of said paper,and
ENFORCEMENT: 'e newspaper proper, and not in a
d that said notice was published
A. U the owner of die property at person occupying or controlling such premises on 2 a n the following dates:
which the nuisance exists doe.not abate due nuisance within the time allowed,fey may 0 rn I 3 0?))!3
be proceeded against either civilly or criminally. The expenses of abatement and III
abatement proceedings(including any expenses arising from contractors hired by the city .18
2
to perform said abatement)shall be charged to the owner of the property on which the fj
radstince etas.Failure*,pay for a grenses incurred by the city to eliminate the nuisance s� „]�y��9 d r 3 0��()i 3
within thirty(30)days shall result in a lien upon the subject property as allowed in Idaho s 1`
state code section 67-6527
. IR. STATE OF IDAHO)
)SS
, C.Failure tot / 7_4 COUNTY OF ADA)
t, 't(
H G.A violation of any of the provisions of this chapter shall be guilty of an infraction in the year of 2013
and punished as provided in section 1-4-1 of this,code.(Ord.697,5-14-2013) j ry Public, personally appeared
itidenttfled to me to be the person
Z; That Title 8,Chapter 2A,Section 71)3 of the Eagle City Code is }scribed to the within instrument,
hereby amended as follows:. Est d sworn,declared that the
3.When the city determines that a sight obstruction exists,it shall notify the owner of the , a!IP:, • edged to me that
property upon which the obstruction is located and order that the obstruction be removed ..„, - executed the same.
within fifteen(15) days. The failure of the owner to remove the obstruction shall be (Contii '
punishable as an infraction as provided in section 1.4-I of this code. Notary Public for Idaho ni,te n is�ftm and EyERy()N WI tsN »� Resl in at B ise ID
My Commission expires: 7 2