Ordinance - 2017 - 769 - Consistent Infraction Penaltys - 01/24/2017ORDINANCE NO. 769
AN ORDINANCE OF THE CITY OF EAGLE, ADA COUNTY, IDAHO, AMENDING
TITLE 4, CHAPTER 5, SECTION 4-2, AND PROVIDING AN EFFECTIVE DATE.
WHEREAS, the current City Code provides 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 Idaho Code § 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 5, Section 4-2 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:
Code Section
First
Offense
Second
Offense
Subsequent
Offenses
4-5-1
$25.00
$50.00
$50.00
4-5-2
SAA
30.00
-50-.W
4-5-5
25.00
50.00 1
50.00
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 2: Savings and Severability Clause. It is hereby declared to be the
legislative intent that the provisions and parts of this Ordinance shall be severable. If any
paragraph, part, section, subsection, sentence clause, or phrase of this Ordinance is for any
ORDINANCE NO. - PAGE 1
reason held to be invalid for any reason by a court of competent jurisdiction, such decision
shall not affect the validity of the remaining portions of this Ordinance.
Section 3: Repealer Clause. All City of Eagle ordinances or resolutions or part
thereof which are in conflict herewith are hereby repealed.
Section 4: Publication. This Ordinance, or a summary thereof in compliance with
Idaho Code §50-901A shall be published once in the official newspaper of the City, and
shall take effect immediately upon its passage, approval, and publication.
Section 5: Effective Date. This Ordinance shall be in full force and effect from
and after its passage, approval and publication.
APPROVED by the Mayor of the City of Eagle, Idaho this day of January, 2017.
i
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ATTEST: '•••••���..•••`
Sharon K. Bergmann,
City Clerk/Treasurer
ORDINANCE NO. — PAGE 2
CITY OF EAGLE, IDAHO
Stan Ridgeway, MayUr
SUMMARY OF
ORDINANCE NO. 769
The following is a summary of Ordinance No. 769, adopted by the City Council of the City of Eagle,
Ada County, Idaho, on January 24, 2017.-
AN
017:
AN ORDINANCE OF THE CITY OF EAGLE, ADA COUNTY, IDAHO, AMENDING TITLE 4, CHAPTER 5, SECTION
4-2, AND PROVIDING AN EFFECTIVE DATE.
Section 1: Section 2 of Ordinance No. 769 amending Title 4, Chapter 5, Section 4-2 of the Eagle
City Code.
Section 2: Provides for severability.
Section 3: Provides a repealer clause.
Section 4: Provides for publication by summary.
Section 5: Provides an effective date.
The full text of Ordinance No. 769 is available at City Hall and will be provided to any citizen upon
personal request during normal office hours.
Stan Ridgeway, Mayor
Attest: Sharon K. Bergmann, City Clerk/Treasurer
CERTIFICATION OF ATTORNEY
I, the undersigned, an attorney at law duly licensed in the State of Idaho and serving as counsel to
the City of Eagle, Idaho, hereby certify that I have read the above Summary of Ordinance No.
769—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 this 1� day of l 2017.
Cherese D. McLain
MSBT Law, Chtd.
City Attorney, City of Eagle
SUMMARY OF ORDINANCE NO. 769
Page 1 of 1
Idaho Statesman
Th. N.�ap•pdr"I.■ b.u.r. Y.ILT
I DANGSTATCSM A N.CGM
PO Box 40, Boise, ID 83707-0040
LEGAL PROOF OF PUBLICATI
File:
RECEIVE,,) i=t
CITY OF Ede iLE
� H 0 2 2017
Account #
Ad Number
I Identification
PO
Amount
Cols
Lines
263905
0002900635
1 LEGAL NOTICE SUMMARY OF ORDINANCE N
Ord 769
$70.92
1
87
Attention: TRACY OSBORN
JANICE HILDRETH, being duly swom,
deposes and says: That she is the
CITY OF EAGLE / LEGALS
Principal Clerk of The Idaho
660 CIVIC LANE
Statesman, a daily newspaper printed
EAGLE, ID 83616
and published at Boise, Ada County,
State of Idaho, and having a
general circulation therein, and which
LEGAL NOTICE
said newspaper has been
SUMMARY OF
continuously and uninterruptedly
ORDINANCE NO. 769
published in said County during a
The following is a summary of
Ordinance No.769, adopted by
period of twelve consecutive months
the City Council of the City of Ea-
prior to the first publication of the
ary 24,2017' Idaho, on Jana
notice, a copy of which is attached
hereto: that said notice was published
AN ORDINANCE OF THE CITY OF
EAGLE, ADA COUNTY, IDAHO,
in The Idaho Statesman, in conformity
AMENDING TITLE 4 CHAPTER 5,
SECTION 4-2, ANb PROVIDING
with Section 60-108, Idaho Code, as
AN EFFECTIVE DATE.
amended, for.
Section 1: Section 2 of Ordi-
nance No. 769 amending Title 4,
Ea-
Chapter 5, Section 4-2 of the
Code.
1 Insertions
gle City
Section 2: Provides for
severability.
Section 3: Provides a repealer
clause.
Beginning issue of: 01/30/2017
Section 4: Provides for publica-
tion by summary.
Section 5: Provides an effective
Ending issue of: 01/30/2017
date.
The full text of Ordinance
No.769 is available at City Hall
and will be provided to any citi-
zen upon personal request dur-
ing normal office hours.
Stan Ridgeway, Mayor
Bergmann,
(Legals Clerk)
Attest: Sharon K.
City Clerk/Treasurer
CERTIFICATION OF ATTORNEY
STATE OF IDAHO)
I, the undersigned, an attorney
SS
at law duly licensed in the State
COUNTY OF ADA)
of Idaho and serving as counsel
to the City of Eagle, Idaho, here-
by certthat I have read the
Summary
On this 30th day of January in the year
above of Ordinance
of 2017 before me, a Notary Public,
No. 769 -.of the City of Eagle and
that the same is true and com-
personally appeared before me
plete and provides adequate no-
ttce to the public of the contents
Janice Hildreth known or identified to
of said ordinance.
me to be the person whose name
Dated this 24 day of January,
2017.
subscribed to the within instrument,
Cherese D. McLain
MSBT Law, Chtd.
and being by first duly swom,
City Attorney, City of Eagle
declared that the statements therein
Pub. Jan. 30, 2017are
rGO
true, and acknowledged to me
0002900635-01
•• A ••,��, that she executed the same.
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AOTARy ;
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NdCary Public FOR Idaho
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Rfiding at: Boise, Idaho
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