Ordinance - 2015 - 743 - Amending Title 4 & 5 Policing - 11/17/2015ORDINANCE NO. 743
AN ORDINANCE OF THE CITY OF EAGLE, ADA COUNTY, IDAHO, AMENDING
OR REPEALING TITLE 4, CHAPTERS 2, 5, 7, and 10, TITLE 5, CHAPTERS 1, 4, 5,
and 8, TITLE 6, CHAPTER 1, AND PROVIDING AN EFFECTIVE DATE.
WHEREAS, the City of Eagle is authorized to enact ordinances to maintain the
peace, good government and welfare of the corporation and its trade, commerce and
industry under I.C. § 50 -302.
WHEREAS, the City of Eagle is authorized to enact ordinances enforceable by
misdemeanor, fine, and infraction penalty under I.C. § 50 -302.
WHEREAS, the Eagle City Police Department has reviewed the City's
ordinances and provided recommended changes to the City in order to more effectively
prosecute city code violations.
NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY
COUNCIL OF THE CITY OF EAGLE, Ada County, Idaho;
Section 2: That Title 4, Chapter 2, Subsection 3 of the Eagle City
Code be repealed as follows:
Section 3: That Title 4, Chapter 2 of Eagle City Code be amended as follows:
4 -2 -3 4: GARBAGE AND REFUSE STORAGE REGULATIONS:
A. Preparation Of Garbage: All garbage, before being deposited in the receptacles
required by this section, shall be drained of surplus liquids and water.
B. Receptacle Requirements: Each householder, head of a family, tenant, proprietor,
or operator of a place of business within the city, who is in possession of or in
charge of any premises within the city upon which garbage or rubbish
accumulates or may accumulate shall provide and maintain upon such premises at
a place not exceeding five feet (5') from the alley line of such premises where
such premises is adjacent to an alley and where the same may be conveniently
emptied by the garbage and rubbish collector of the city, a metal receptacle of a
capacity not exceeding one hundred (100) pounds, to accommodate all garbage
and rubbish accumulated on such premises between pick up periods. Such
receptacle shall be equipped with handles for convenient handling, be watertight,
with tightly fitting covers so as to prevent flies from entering or escaping from
such receptacle, be free from offensive odors and in such condition that all
garbage and rubbish will readily pour therefrom. Each such householder, head of
a family, tenant or proprietor or operator shall deposit all "garbage" and "rubbish"
as defined in section 4 -2 -2 of this chapter, accumulating upon such premises in
such receptacles as fast as the same accumulates.
ORDINANCE NO. — PAGE 1
C. Placement Of Receptacles: It shall be unlawful for any person to place any
receptacle containing, or designed or used for garbage or rubbish, upon any street,
alley, sidewalk, public place or open lot in the city except, only where premises
are not situated adjacent to an alley, the owner or occupant of such premises may
place receptacles containing garbage or rubbish upon the sidewalk or street
adjacent to such premises in such manner as not to interfere with the free use of
such sidewalk or street for a i3efied of fim° not emeeedine two (2) hoij �
they shall be plaeed on the pr-emises in the r-ear- of the house e-Amed Of eeeupied by
such person an unreasonable period of time.
D. Unauthorized Interference With Receptacle: It shall be unlawful for any person,
other than the city, its agents or employees, or a person holding a permit or
license for such purpose, or having a contract with the city for such purpose, to
interfere in any manner with any receptacle containing garbage or rubbish, or any
form of refuse, or to remove any such receptacle from the location where the
same was placed by the owner thereof, or to remove any of the contents of such
receptacle. (Ord. 335, 12 -15 -1998)
4 -2 -4 -5: FRANCHISE REQUIRED:
A. Garbage Collection: The city may collect, gather, haul, convey, or transport
garbage and rubbish within the city or authorize by franchise, contract, or license
for independent contractors to perform such service. It shall be unlawful for any
person who is not an agent, contractor, franchise, or employee of the city to
engage in the business of collecting, gathering, hauling, conveying, or
transporting for hire garbage or rubbish within the city. However, any occupant
may remove garbage or rubbish from such occupant's own premises at any time,
provided such removal does not create a public nuisance.
B. Franchise Required: No person shall engage in the business of collecting,
gathering, hauling, conveying, or transporting garbage or rubbish upon the streets
or alleys of the city without first obtaining a franchise therefor from the city. (Ord.
335, 12 -15 -1998)
4 -2 -5 6: FRANCHISE PERIOD AND FEES:
A franchise shall be granted for a period of up to seven (7) years. Every licensed
franchise under the provisions of this chapter shall pay the city a franchise fee of eight
percent (8.0 %) of the gross revenues collected within the city limits. The license fee shall
be payable quarterly or as otherwise provided. (Ord. 335, 12 -15 -1998)
4 -2 -6 -7: FRANCHISE CONDITIONS:
ORDINANCE NO. — PAGE 2
A. Garbage And Rubbish Disposal: A franchisee shall perform all services incidental
to and in connection with collecting, gathering, hauling, conveying, and
transporting garbage or rubbish in an orderly and timely manner. Garbage and
rubbish shall be disposed of at state approved solid waste disposal sites only.
B. Vehicle Construction And Condition: All vehicles used in collecting, gathering,
hauling, conveying, or transporting garbage or rubbish shall be constructed in a
manner that will prevent any portion of the garbage or rubbish from leaking,
spilling, falling, or blowing out of said vehicles onto any highway, street, alley, or
other public or private place. All vehicles shall be equipped with watertight, leak
proof bodies and provided with tight fitting covers, which shall remain closed at
all times except when actually depositing garbage or rubbish in the conveyance or
removing garbage or rubbish from it. All vehicles shall be kept in a clean and
sanitary condition at all times and shall be disinfected at regular intervals of not
less than once every two (2) weeks. All vehicles shall be subject to inspection at
reasonable hours by the city clerk or the city clerk's duly authorized
representative.
C. Collection And Fee Schedules: A franchisee shall collect and dispose of garbage
and rubbish from each customer at least once a week or as may otherwise be
provided by the city. A franchisee shall only impose for such service those fees
which are approved by the city council.
D. Terms Of Franchise: In addition to the requirements of this chapter, the city and
any franchisee shall by agreement approved by such parties set forth any
additional terms and conditions the city and franchisee deem appropriate. (Ord.
335, 12 -15 -1998)
4 -2 -7 8: REVOCATION OF FRANCHISE AND PROCEDURE:
The city council may revoke a franchise if the franchisee fails to comply with the
franchise conditions set forth in section 4 -2 -7 of this chapter and the franchise agreement.
(Ord. 335, 12 -15 -1998)
4 -2 -8 9: UNLAWFUL DEPOSITS ON PUBLIC WAYS AND PROPERTY: Except
as provided in this chapter, it shall be unlawful for any person to place any grass
trimmings, garbage or rubbish upon any street, alley, sidewalk, public place or open lot in
the city.
4 -2 -10 44: ADDITIONAL RULES AND REGULATIONS:
The city council shall have the power to make and adopt, by resolution, such further rules
or regulations, including the designation of districts for pick up schedules, as may be
necessary to effectuate and facilitate the provisions of this chapter
ORDINANCE NO. — PAGE 3
Section 4: That Title 4, Chapter 5, Section 2B of the Eagle City Code be
amended as follows:
4 -5 -2 NUISANCE:
B: Molests pedestrians, without attacking, or chases motor vehicles;
Section 5: That Title 4, Chapter 5, Section 2F of the Eagle City Code be
amended as follows:
4 -5 -2 NUISANCE:
F: A violation of this section shall be an misdemeanor :gin as set forth in section 1-
4 -14 -5 4-2 of this chapter.
Section 6: That Title 4, Chapter 5, Section 3 of the Eagle City Code be
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 or chases any person or other animal 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;
Section 7: That Title 4, Chapter 7, Section 3 of the Eagle City Code be
amended as follows:
4 -7 -3 REFUSE: Undesirable matter including, but not limited to: all waste wood, tree
trimmings, grass cuttings, dead plants, weeds, leaves, dead trees, chips, shavings,
sawdust, printed matter, paper, used and discarded articles of closing, combustible waste,
pulp, boxes and packaging materials, glass, ashes, construction debris, garbage, stable
matter, junk or badly weathered building materials not currently in use, stoves,
refrigerators, washers, dryers, furniture, mattresses, scrap metals, car parts, tires and junk
vehicles. For the purposes of violations of City Code, "refuse" as defined herein includes
the terms "garbage" and "rubbish" as defined in Eagle City Code 4 -2 -2.
Section 8: That Title 4, Chapter 7, Section 5, Subsection IA of the Eagle City
Code be amended as follows:
4- 7 -5 -1A ACCUMULATION OF REFUSE PROHIBITED: Every person residing,
doing business, owning, managing, renting or leasing property within the city limits shall
be required to keep that property free from any accumulation or scattering of "refuse" or
"garbage" or "rubbish" as defined in 4-2-A see definition of "--ef se", seen 4 f t..
cc- acm�-crorrv= --r - �J- oY -tt1iS
cater-). This shall not only include all refuse on private property, but also any refuse.,
garbage or rubbish blown from or scattered from private property onto public property
adjacent to or contiguous with that property including areas behind curbs, sidewalks,
parking areas and property to the center of alleys and ditches.
Section 9: That Title 4, Chapter 7, Section 5, Subsection 3 of the Eagle City
Code be amended as follows:
4- 7 -5 -3: PENALTY FOR VIOLATIONS: Any person owning, managing or occupying
any lots, lands or premises within such incorporated limits of the city who shall, after
ORDINANCE NO. — PAGE 4
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
an misdemeanor infr-aetion and face punishment 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.
Section 10: That Title 4, Chapter 7, Section 5, Subsection 4 of the Eagle City
Code be amended as follows:
4- 7 -5 -4: EACH FIVE DAYS SEPARATE OFFENSE: Each and every five ) days
any such person mentioned and deser- bed herein shall fail, refuse or neglect to comply
with the provisions of seetions 4 7 5 1 dffeugh 4 7 5 3 of this chapter shall constitute a
separate and distinct offense.
separate offenses shall be punishable as provided by the pr-ovisions of seetion 7 5 33 of
this ehapter-.
Section 11: That Title 4, Chapter 10, Section 4 of the Eagle City Code be
amended as follows:
4 -10 -4: PENALTY: Any person violating any of the provisions of this chapter shall be
guilty of an misdemeanor4nfmefien and punished as provided in section 1 -4 -1 of this
code.
Section 12: That Title 5, Chapter 1, Section 1 of the Eagle City Code be
amended as follows:
5 -1 -1 CURFEW:
D. A violation of this section of city code shall be punished as an infraction in accordance
with Idaho State Code § 20 -549.
Section 13: That Title 5, Chapter 1, Section 2 of the Eagle City Code be
repealed: 4y y
5� UNCONTROLLABLE B E !''HI DR N. Any per -so runderttte age of eighteen (18)
may be deelar-ed beyond eontr-ol of his s
parents, persistently or- habitually r-efiises te obey reasonable and proper- orders or- dir-eetions of his
>
danger to himself of ethers or- beeofnes so w3feasonably disruptive tha it jeopardizes the
family , nit A under the ., of eig tee (1 4) may be take., into a steely by
P nen � danger- — te— that d-e�- tet� others, - - eia e3se teat af r
eustedian that said per-sen's-- speeffre— eenduet jis ably disruptive that-4
jeopardizes the family unit. Whenever- a ehild is taken into eustedy under- this seetion
presented to a duly authorized eouft on the next j udieial day.
Section 14: That Title 5, Chapter 4, Sections 1 -5 of the Eagle City Code be
repealed:
5 1-11 ABANDONMENT ENT PROHIBITED, Ne per-son rshall .,Lando., ° motor-
upon emy alley, read, eet, or- highway, or- upen any pubI or- private pr-epert At
ORDINANCE NO. — PAGE 5
Section 15: That Title 5, Chapter 5, Section 1 of the Eagle City Code be
amended as follows:
5 -5 -1: SUBDIVISION ROADWAYS, USE OF: It shall be unlawful for any person to
operate a commercial motor vehicle, as defined by section 49 -123 of the Idaho Code as it
now exists, upon any minor street within a platted subdivision of the city; provided, this
section shall not be construed to prohibit any person operating a commercial motor
vehicle from using an arterial or collector street within the subdivision for any purpose or
a minor street to provide goods or services to a property owner or lessee of property
within the subdivision. A violation of this section shall constitute an infraction and shall
be punishable as provided in section 1 -4 -1 of this code.
Section 16: That Title 5, Chapter 8, Section 113, of the Eagle City Code be
amended as follows:
5 -8 -1 DEFINITIONS:
B. Indications:
2. Urinates or defecates in any public place or in any place open to the public or exposed
to public view; or
Section 17: That Title 6, Chapter 1, Section lE of the Eagle City Code be
ORDINANCE NO. — PAGE 6
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Section 15: That Title 5, Chapter 5, Section 1 of the Eagle City Code be
amended as follows:
5 -5 -1: SUBDIVISION ROADWAYS, USE OF: It shall be unlawful for any person to
operate a commercial motor vehicle, as defined by section 49 -123 of the Idaho Code as it
now exists, upon any minor street within a platted subdivision of the city; provided, this
section shall not be construed to prohibit any person operating a commercial motor
vehicle from using an arterial or collector street within the subdivision for any purpose or
a minor street to provide goods or services to a property owner or lessee of property
within the subdivision. A violation of this section shall constitute an infraction and shall
be punishable as provided in section 1 -4 -1 of this code.
Section 16: That Title 5, Chapter 8, Section 113, of the Eagle City Code be
amended as follows:
5 -8 -1 DEFINITIONS:
B. Indications:
2. Urinates or defecates in any public place or in any place open to the public or exposed
to public view; or
Section 17: That Title 6, Chapter 1, Section lE of the Eagle City Code be
ORDINANCE NO. — PAGE 6
amended as follows:
6 -1 -1 UTILITY SERVICE, BUILDING PERMIT REQUIRED:
E. Violation And Penalty: A violation of this section shall constitute an misdemeanor
hand shall be punishable as provided in section 1 -4 -1 of this code.
PASSED by the Council of the City of Eagle, Idaho, this Lj_ day of Ir',
2015.
APPROVED by the Mayor of the City of Eagle, Idaho this i 7 day of
2015.
APPROVED:
••`� OFEAG<F "'•.,
AMES D. REYNOL S
MAYOR
ORAT•1. •:
ATTEST:
� ,
SHARON K. BERGMA
�'••.Y'47 E OF �.••'
CITY CLERK/TREASURER
" " "• "'��••
ORDINANCE NO. — PAGE 7
Valley Times
P.O. Box 1790 - Eagle, Idaho 83616
LEGAL ADVERTISING PROOF OF PUBLICATION
Er, q CR_, Identification:
Address: 40 e C/ J cc. Lane_ Run Dates:
Lt_ -1 ,&
L. Number Lines " q
Account
ORDINANCE NO. 743
RECEIVED & FiLED
CITY OF NE
- 52015
441
1(-23 2S r
AN ORDINANCE OF THE CITY OF EAGLE, ADA COUNTY, IDAHO, AMENDING
OR REPEALING TITLE 4, CHAPTERS 2, 5, 7, and 10, TITLE 5, CHAPTERS I, 4, 5,
and 8, TITLE 6, CHAPTER 1, AND PROVIDING AN EFFECTIVE DATE.
WHEREAS, the City of Eagle is authorized to enact ordinances to maintain the
peace, good government and welfare of the corporation and its trade, commerce and
industry under I.C. § 50-302.
WHEREAS, the City of Eagle is authorized to enact ordinances enforceable by
misdemeanor, fine, and infraction penalty under I.C. § 50-302.
WHEREAS, the Eagle City Police Department has reviewed the City's
ordinances and provided recommended changes to the City in order to more effectively
prosecute city code violations.
NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY
COUNCIL OF THE CITY OF EAGLE, Ada County, Idaho;
Section 2: That Title 4, Chapter 2, Subsection 3 •of the Eagle City
Code be repealed as follows:
Section 3: That Tide 4, Chapter 2 of Eagle City Code be amended as follows:
4-2-3 4: GARBAGE AND REFUSE STORAGE REGULATIONS:
A. Preparation Of Garbage: All garbage, before being deposited in the receptacles
required by this section, shall be drained of surplus liquids and water.
B. Receptacle Requirements: Each householder, head of a family, tenant, proprietor,
or operator of a place of business within the city, who is in possession of or in
charge of any premises within the city upon which garbage or rubbish
accumulates or may accumulate shall provide and maintain upon such premises at
a place not exceeding five feet (5') from the alley line of such premises where
such premises is adjacent to an alley and where the same may be conveniently
emptied by the garbage and rubbish collector of the city, a metal receptacle of a
capacity not exceeding one hundred (100) pounds, to accommodate all garbage
and rubbish accumulated on such premises between pick up periods. Such
receptacle shall be equipped with handles for convenient handling, be watertight,
with tightly fitting covers so as to prevent flies from entering or escaping from
such receptacle, be free from offensive odors and in such condition that all
garbage and rubbish will readily pour therefrom. Each such householder, head of
a family, tenant or proprietor or operator shall deposit all "garbage" and "rubbish"
as defined in section 4-2-2 of this chapter, accumulating upon such premises in
such receptacles as fast as the same accumulates.
C. Placement Of Receptacles: It shall be unlawful for any person to place any
receptacle containing, or designed or used for garbage or rubbish, upon any street,
alley, sidewalk, public place or open lot in the city except, only where premises
are not situated adjacent to an alley, the owner or occupant of such premises may
place receptacles containing garbage or rubbish upon the sidewalk or street
adjacent to such premises m such manner as not to interfere with the free use of
such sidewalk or street for
such -penes an unreasonable oeriod of time.
A.
B.
C.
D.
A,„...,...
November 23, 20151
Legal Notices
Garbage And Rubbish Disposal: A franchisee shall perform all services incidental
to and in connection with collecting, gathering, hauling, conveying, andel
transporting garbage or rubbish in an orderly and timely manner. Garbage and
rubbish shall be disposed of at state approved solid waste disposal sites only.
Vehicle Construction And Condition: All vehicles used in collecting, gathering,
hauling, conveying, or transporting garbage or rubbish shall be constructed in al,
manner that will prevent any portion of the garbage or rubbish from leaking, -
spilling, falling, or blowing out of said vehicles onto any highway, street, alley, or
other public or private place. All vehicles shall be equipped with watertight, leak II
proof bodies and provided with tight fitting covers, which shall remain closed at
all times except when actually depositing garbage or rubbish in the conveyance or
removing garbage or rubbish from it. All vehicles shall be kept in a clean and
sanitary condition at all times and shall be disinfected at regular intervals of not
. less than once every two (2) weeks. All vehicles shall be subject to inspection at /''
reasonable hours by the city clerk or the city clerk's duly authorized
representative.
Collection And Fee Schedules: A franchisee shall collect and dispose of garbage
and rubbish from each customer at least once a week or as may otherwise be
provided by the city. A franchisee shall only impose for such service those fees
which are approved by the city council.
Terms Of Franchise: In addition to the requirements of this chapter, the city and
any franchisee shall by agreement approved by such parties set forth any
additional terms and conditions the city and franchisee deem appropriate. (Ord.
335, 12-15-1998)
4.2-7 S: REVOCATION OF FRANCHISE AND PROCEDURE:
The city council may revoke a franchise if the franchisee fails to comply with the
franchise conditions set forth in section 4-2-7 of this chapter and the franchise agreement.
(Ord. 335, 12-15-1998)
4-2-8 9: UNLAWFUL DEPOSITS ON PUBLIC WAYS AND PROPERTY: Except
as provided in this chapter, it shall be unlawful for any person to place any grass
trimmings, garbage or rubbish upon any street, alley, sidewalk, public place or open lot in
the city.
4-2-1014: ADDITIONAL RULES AND REGULATIONS:
The city council shall have the power to make and adopt, by resolution, such further rules
or regulations, including the designation of districts for pick up schedules, as may be
necessary to effectuate and facilitate the provisions of this chapter
Section 4: That Title 4, Chapter 5, Section 2B of the Eagle City Code be
amended as follows:
4-5-2 NUISANCE:
B: Molests pedestrians, without attacking, or chases motor vehicles;
Section 5: That Title 4, Chapter 5, Section 2F of the Eagle City Code be
amended as follows:
4-5-2 NUISANCE:
F: A violation of this section shall be an misdemeanor infmation as set forth in section 1-1
A TAC A '' .,f this nhsnter