Ordinance - 2014 - 727 - Amending Title 1 Infraction Penalty - 10/14/2014 ORDINANCE NO. 727
AN ORDINANCE OF THE CITY OF EAGLE, ADA COUNTY, IDAHO, AMENDING
TITLE 1, CHAPTER 4, SECTION 1 SUBSECTION B "INFRACTION PENALTY",
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 1, Chapter 4, Section 1.B of the Eagle City Code is
hereby amended as follows:
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. For a first
offense the infraction penalty shall be fifty dollars ($50.00). For a second and subsequent
offense within a period of five years from the date of conviction, the penalty shall be one
hundred dollars ($100.00).
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.
ORDINANCE NO. —PAGE 1 OF 3
Section 2: 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 14 day of ethir-f , 2014.
APPROVED by the Mayor of the City of Eagle, Idaho this i+' day of OG/7J , 2014.
APPROVED:
'1.
/ JAMES D. RE le LDS
MAYOR
ATTEST:
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� RA".sfirO •*•,,,'• Q
SHARON K. BERGMANN i v i•.r 1,
CITY CLERK/TREASURER ; *:• 5�r+.4. °
O '•
ORDINANCE NO. —PAGE 2 OF 3
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Valley Times L 1 2014 P.O. Box 1790-Eagle, Idaho 83616
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LEGAL ADVERTISING PROOF OF PUBLICATION °'°--
Account: lit-J of Fa j le Identification: Pr o p s_t k t5 rtztjp a nu-1 z T
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October 13,2014r;. .,i,Thomason, being duly sworn, deposes
ays:That he is the Principal Clerk of
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4 ;c�urrcn rcov�tcn County, State of Idaho; that the said
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STATE OF IDAHO)
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e •'••••••••'.`� On this I lay of , in the year of 2014
o• �0'CAR y •; S. before me, a Notary Pubic, personally appeared
• Frank Thomason, known or identified to me to be the person
• e G • = whose name is subscribed to the within instrument,
P U e ti• •'0 4 being by me fi duly sworn, declared that the
J'T 6*,,,,..•••OP��.• state e h ein are true a d knowledged to me that
#'•,,q�rEeeOF ��.``% /y ecuted the same.
(/( Notary Public for Idaho
Residing t B 'se ID
My Commission expires:
Valley Times
P.O. Box 1790-Eagle, Idaho 83616 1 2ti!4
File:
LEGAL ADVERTISING PROOF OF PUBLICATION Route to:
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Account Identification: h nun � IYp .q 2 4
Address: C.,' Run Dates: 1 0 _ 2 7 o tLi
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Attention: Other
October-27,2014 Frank Thomason, being duly sworn, deposes
and says:That he is the Principal Clerk of
e g o ! Notices; Valley Times, a weekly newspaper published at
Eagle, Ada County, State of Idaho;that the said
ORDINANCE NO n7 newspaper is in general circulation in the said
''N�A of THE CITY OF EAGLE,, �,COUNTY, County of Ada, and in the vicinity of Meridian,
fILE 1, 4, oXV i SUBS�ON 8 IDAHO,PAMENDING NY" Star, and Eagle, and has been uninterruptedly
AHD PROVIDING AN EFFECTIVE DATE. � �PENALTY" published in said County during a period of
w ,�g, seventy-eight consecutive weeks prior to the first is authorized so mpg fine and tataa I.c.f by olication of this notice, a copy of which is attached
hereto, and that the notice was published in
'. EWOItg, ? ,i� a Valley Times, in conformity with Section 60-108,
COUNCIL.
NOW, TT1B('4F EAGLE,Ada t~au�y, MAYS AND CITY. Idaho Code, as amended, for I time(s)
in the regular and entire issue of said paper, and
ilex Tide I. 4, 19 of the eras printed in the newspaper proper, and not in a
y aid as fags: �at, is
supplement; and that said notice was published
5" �.► , ,q,e, on the following dat s:
where emir when such offense is design eedas of section a Beginning Q c 4-o 2- a 4�
where penalty is sac Rath therein,shall ix subject to tae as set 2 10.113A,Idaho > t to t
be amended
t#ll1:S�Q2• Ending CYc 6 L- ✓ _2.1 f ( Li
I. Failure to Appear on Citation or Sutn�npns if the <4(t,rv,,./_c1 k1-r'y,..c-+--
appear
Won die ckakt at Or fads to
infraction citation or tinge staved as
a for the ' shall" STATE OF IDAHO
Ovine Steer notice to the s: by law without - )SS
2. Failure to ')Q ,.7)._ COUNTY OF ADA)
appear at � to in this OG D ay of t� in the year of 2014
served on the defer as lea by , shall before me,a Notary Public, personally appeared
default tubs for the infraction ,ant omason, known or identified to me to be the person
3. Notice giving ice to the defendant whose name is subscribed to the within instrument,
defendant of Default Ifa tut; a being by me first sworn, declared that the
far an intro ti°"Samoa ro fawn the ckek„ asra a rn n herein are true, n ac owledged to me that
notes ofjtidginest to the deter at the address stated in the
alViSing
the defendant that the must citation n executed the same.
date certain suit not he less then faw,,een�''�� `�� •
date of the notice.Where applicable,the notice shal ste Notary Public for Idaho
to pay thejudgment will result in soon ofhisiber drifiggligo.2: This nohow=or summary ver's iicuc, Residing at ise, ID
R ice with y Commission expires:
90IA,attached hereto as Exhibit A,shall be die�,and shalt take effect r age, u►the cat of
��y its> hBe:approval and Publa►.
now by the Council of le City of day of I. ■t f 2814.
APPROVED by of the d ,Idaho ' 'of Li ! ,2144.
Ate-