Ordinance - 2021 - 851 - Update Titles 1,4 And 5 - 09/14/2021 ORDINANCE NO. 851
AN ORDINANCE OF THE CITY OF EAGLE, ADA COUNTY, IDAHO, AMENDING
TITLE 1 "ADMINISTRATIVE", CHAPTER, 4; TITLE 4 "PUBLIC HEALTH AND
SAFETY", CHAPTER 9; TITLE 5 "POLICE REGULATIONS" CHAPTERS 3,
PROVIDING A SEVERABILITY CLAUSE; AND PROVIDING AN EFFECTIVE
DATE.
WHEREAS,the City of Eagle, Idaho is a municipal corporation organized and operating
under the laws of the State of Idaho; and
WHEREAS,the City of Eagle is authorized to enact ordinances enforceable by fine and
infraction penalty under I.C. § 50-302; and
WHEREAS,the Mayor and City Council of the City of Eagle desire to protect the health,
safety and welfare of the citizens of Eagle by updating the penalty clause in order to
facilitate better compliance with City regulations; and
WHEREAS,the Mayor and City Council of the City of Eagle desire to protect the health,
safety and welfare of the citizens of Eagle by providing additional criteria to regulate
noise impacts upon the community; and
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,be and is hereby amended,to read as follows
with underlined text to be added and strike-through text to be deleted:
1-4-1: GENERAL PENALTY:
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 one
(1) year period of five (5) years from the date of conviction, the penalty shall be one
hundred dollars ($100.00). For a third and subsequent offense(s) within a one (1) year
period from the date of initial conviction, the penalty shall be a misdemeanor violation as
specified within Section 1-4-1 (A) of this code.
Section 2: That Title 4, Chapter 9, Section 2,be and is hereby amended,to read as follows
with underlined text to be added:
4-9-2: DEFINITIONS:
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BACKUP BEEPER: A back-up beeper, also known as back-up alarm or vehicle motion
alarm, is a device intended to warn passers-by of a vehicle moving in reverse.
CONSTRUCTION NOISE, LIMITED: Noise from any and all physical activity
necessary or incidental to the erection, placement, demolition, assembling, altering,
cleaning, repairing, installing or equipping of buildings and other structures, and site
work for roads, utility lines, land clearingigrading, excavating, filling and paving,but not
permitting noise from hoe rams, jackhammers, pile drivers, slamming tailgates,vibrating
compaction equipment, vehicles with backup beepers engaged in reverse or moving in a
reverse direction except for concrete trucks, concrete pumping vehicles, and any vehicle
being used for emergency purposes, or other activities of similar noise.
EMERGENCY: Occurrence or imminent threat of a disaster or condition threatening life
or property that requires immediate action to save lives and protect property or to avert or
lessen the threat of a disaster.
LANDSCAPE MAINTENANCE NOISE, LIMITED: Noise from the use of lawn
mowing equipment, leaf blowers,weed eaters, edgers and other landscape maintenance
activities generating similar noise being used for common areas and non-residential
properties.
LOUD OR OFFENSIVE NOISE: Any noise which is plainly audible within any
residence or business other than the source of the sound, or upon a public right of way or
street at a distance of one hundred feet(100)or more from the source of such sound.
Section 3: That Title 4,Chapter 9, Section 3,be and is hereby amended,to read as follows
with underline text to be added and strike-through text to be deleted:
4-9-3: PUBLIC DISTURBANCE NOISE PROHIBITED:
A. Except as stated below, Bbetween the hours of ten o'clock(10:00) P.M. one day and
seven eight o'clock (78:00)A.M. the next day, it shall be unlawful for any person or
business to make or cause loud or offensive noise by means of voice, musical instrument,
horn, radio, loudspeaker, automobile, machinery,vibrating compaction equipment,
vehicles with backup beepers engaged in reverse or moving in a reverse direction except
for any vehicle being used for emergency purposes, other sound amplifying equipment,
or any other means which disturbs the peace, quiet, and comfort of any reasonable person
of normal sensitiveness residing in the area. Loud or offensive noise is that which is
14aifil3L-audible-withili-any-residenee-er-business-ether-thawthe-SeUree-ef-the-sf*Ind-,or-
upon a public right of way or st cct at a distance of ens hundred fcct(100') or more from
the source of such sound.
B. Construction Noise, Limited: May begin at seven o'clock(7:00) A.M., Monday
through Friday, except that, Due to extreme heat during the summer months of June, July
and August construction noise, limited, may begin at six o'clock(6:00)A.M. Monday
through Friday.
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C. Landscape Maintenance Noise, Limited: May begin at seven o'clock (7:00)A.M.,
Monday through Friday, except that, Due to extreme heat during the summer months of
June, July and August landscape maintenance noise, limited, may begin at six o'clock
(6:00)A.M. Monday through Friday.
Section 4: That Title 4, Chapter 9, Section 6,Paragraph K,be and is hereby added,to read
as follows with underline text to be added and strike-through text to be deleted:
K. Sanitation vehicles(aka garbage trucks)in operation via contract with the city and used
for the collection of business and household waste.
Section 5: That Title 5, Chapter 3, Section 4,be and is hereby amended,to read as follows
with underline text to be added and strike-through text to be deleted:
5-3-4: STOPPING, STANDING, OR PARKING PROHIBITED IN SPECIFIED
PLACES:
No person shall stop, stand,or park a vehicle,except when necessary to avoid conflict with
other traffic or in compliance with law or the directions of a police officer or traffic control
device, in any of the following places:
C. On or over any portion of a sidewalk,. Of parkway or alley, or on any required front
yard setback area, unless within an area specificallypermitted by this code.
Section 6: The provisions of this ordinance are hereby declared to be severable and if any
provision of this act or the application of such provision to any person or circumstance is
declared invalid for any reason, such declaration shall not affect the validity of remaining
portions of this ordinance.
Section 7: 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.
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Approved and adopted this I day of , 2021
CITY OF EAGLE
Ada County, Idaho
J so Pierce
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