Ordinance - 2025 - 954 - Amending Title 4 Chapter 2 "Garbage And Rubbish" - 08/26/2025SUMMARY OF ORDINANCE, NO. 954
AN ORDINANCE OF THE CITY OF EAGLE, ADA COUNTY IDAHO TITLE 4 "PUBLIC HEALTH
AND SAFETY" AMENDING CHAPTER 2 "GARBAGE AND RUBBISH", ADDING A SEVERABLITY
CLAUSE AND PROVIDING AN EFFECTIVE DATE.
A summary of the principal provisions of Ordinance No. 954 of the City of Eagle, Ada County.
Idaho as adopted by Eagle City Council on August 26, 2025.
Section l: Adds clarification to the purpose and interpretation statement.
Section 2: Adds the definition of solid waste and temporary project -specific activity.
Section 3: Amending text relating to garbage and refuse regulation regarding compulsory use. Adding
temporary project -specific regulation language.
Section 4: Identifying the requirement of a franchise agreement to provide solid waste and recycling
services within Eagle City limits and identifying exceptions to the same.
Section 5: Clarifying language to allow the City to inspect franchise vehicles.
Section 6: Changing the violation and penalty of this Chapter from a infraction to a misdemeanor.
Section 7: Providing a severability clause.
Section 8 Direct the City Clerk to codify the adopted ordinance and publish in the official newspaper in
accordance with Idaho State Code in addition to identifying an effective date.
The full text of Ordinance No. 9.54 is available at City Nall, on the City irebsile, and tivill be provided to
crnv citizen ul)on personal request during normal office hours.
DATED as of the 26' of August, 2026.
Brad Pike, Mayor
Attest: Tracy E. Osborn. Citv Clerk
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 Eaule. Idaho, hereby certify that I have read the above Summary of Ordinance No. 954 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 8"' day of September. 2025.
Victor Villegas
Lakev Ville(yas Law & Policy
Citv Attornev. Citv of Ea<,le
ORDINANCE NO.954
AN ORDINANCE OF THE CITY OF EAGLE, ADA COUNTY IDAHO TITLE 4 "PUBLIC HEALTH
AND SAFETY" AMENDING CHAPTER 2 "GARBAGE AND RUBBISH", ADDING A
SEVERABLITY CLAUSE AND PROVIDING AN EFFECTIVE DATE.
WHEREAS, during the 2025 Idaho Legislative Session amendments were made to Idaho
State Code with the adoption of SB 1073 that negated the exclusivity rights for solid waste
franchise holders for containers that are temporary and project -specific as defined by city
ordinance; and
WHEREAS, the Mayor and City Council desires to clearly define what temporary project
specific means in the City of Eagle to address the new legislation; and
NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF
EAGLE, ADA COUNTY, IDAHO:
Section 1: Title 4 Chapter 2 Section 1 PURPOSE AND INTERPRETATION is hereby
amended, in part to read as follows with underline text to be added and strike through text to be
deleted.
This chapter shall be deemed an exercise of the police power of the city, acting in its
governmental capacity, for the protection and preservation of the health, welfare, morals,
safety and cleanliness of the city and all of its provisions shall be liberally construed for the
accomplishment of that purpose. Nothing in this Chapter shall be construed to prevent a
Customer from removing garbage or rubbish from Customer's own premises at an, time
ime
provided such removal does not create a public nuisance.
Section 2: Title 4 Chapter 2 Section 2 DEFINITIONS: is hereby amended, in part to read as
follows with underline text to be added and strike through text to be deleted.
For the purpose of this chapter, the following words and phrases shall have the meanings
respectively ascribed to them by this section:
SOLID WASTE: Solid waste means all materials discarded for disposal, including, but not
limited to: putrescible and nonputrescible solid and semisolid waste, garbage, trash,
rubbish, demolition and construction waste, industrial waste, vegetable solid and semisolid
waste, dead animal remains in amounts not to exceed ten (10) pounds, reusable or
recyclable materials, bulky waste, and other discarded matter.
TEMPORARY PROJECT -SPECIFIC: Temporary project -specific activity is defined as an
activity lasting occurring at a property for ninety (90) consecutive days or less in duration,
and limited once per calendar year. The temporary project -specific activity generates solid
waste and that necessitates a container of ten (10) to forty (40) cubit yards in size. for
collection and removal of such waste or materials.
Section 3: Title 4 Chapter 2 Section 3: GARBAGE AND REFUSE STORAGE REGULATIONS: is
hereby amended, in part to read as follows with underline text to be added and strike through text
to be deleted.
Section 3: 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. Compulsory Use of Receptacle Requirements: rn- C--h h^' eheld head of a family,
tenant, PFOPFietOF, OF opeFatOF of a place Of business within the city, who is in possession of
OF iF1 charge of any premises within the city upenwhich gar-bage or- rubbish ac-C-Umulates 0
may aceumulate shall provide and maintain upon such pr-ernises at a plaee not exceedin
five feet (9') "m the alley line of such premises where such premises is adjacent to an
alley and where the same may be e-A-14veniently emptied by the gaFbage aREI FUJ313' -
eolleeteff of the city, a receptacle of a eapac-ity not exceeding one hundred (100) pounds, to
accommodate all gaFbage and rubbish aceumulated on such premises between Piek up
peFiOdS. Such receptacle shall be equipped with handles fOF C-OnVenient handliRgT-4e
wateFtight, with tightly fitting covers so as to pFevent flies from enteF!R- OF from
,.UbbiSh Will ,.,,adily Pei-jr- th^,.^f,.^ri,. Excluding individuals that self -haul, all residential
owners and/or occupants: all commercial owners and/or occupants: and all persons
undertaking, providing, or allowing the provision of construction contractor or landscaper
services: within the City of Eagle: shall pay for, and shall be provided solid waste and
recyclable materials collection services by the franchisee, except as otherwise provided in
this chapter for temporary project -specific activity. Such services shall be provided in the
manner and by the means as may be established by the written franchise agreement and all
applicable City ordinances and resolutions. Each such householder, head of a family, tenant
or proprietor or operator shall deposit all "garbage", a4+42' rubbish "- and "solid waste" as
defined in section 4-2-2 of this chapter, accumulating upon such premises in such
receptacles as fast as the same accumulates.
C. Temporary Project -Specific Service: Any person may contract with a solid waste
collection provider of the person's choosing for the use of solid waste collection containers
and collection services for a temporary project -specific service . as such term is defined in
this chapter. The following shall apply to temporary, project -specific service:
a. The owner of a property on which a temporary project is occurring shall be
presumed to be responsible for carrying on or allowing the carrying on of
temporary project service.
b. The owner of a property on which a temporary proiect is occurrinL- shall carry on or
allow the carrying on of such temporary project for no longer than ninety (90) days.
If a project or undertaking is of a duration longer than ninety (90) days, the owner
shall utilize or require the person carrying on the temporary project to utilize, solid
waste collection services provided by the City Franchisee.
c. Entities providing solid waste collection services for temporary, project -specifics
shall collect temporary project -specific waste at least once every thirty (30) days,
unless greater frequency is appropriate, at the City's discretion, considering
protection of the environment and public health and safety.
d. One (1) temporary project -specific activity may occur per property per calendar
e. All temporary project -specific containers shall have clearly readable identification,
on at least two sides, using font at least two inches (2") in height, with the company
name and an active phone number at which the entity providing the container
and/or collection services may be reached.
f. No person shall use a temporary project -specific container to contain household
solid waste, prohibited waste, or putrescible waste (waste that can decay and stink
or become putridl.
g. No person shall place solid waste not generated by the temporary project -specific in
a temporary project -specific container.
h. Wheeled carts shall not be used as temporary project -specific containers.
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 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, excluding providers of temporary project -
specific services.
Section 4: Title 4 Chapter 2 Section 4 FRANCHISE REQUIRED: is hereby amended, in part to
read as follows with underline text to be added and strike through text to be deleted.
4-2-4: FRANCHISE REQUIRED AND EXEMPTIONS:
and r-uhhish 10.6thin the city or- authorize by f�anehise, contract, or- license foF independen
ROM
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A. —lam-Franchise Required: No person shall engage in the business of collecting, gathering,
hauling, conveying, or transporting garbage, rubbish, solid waste or recyclable materials
upon the streets or alleys of the city without first obtaining a franchise therefor from the
city, except as provide in this Chapter.
B. Exceptions:
1. Self -Haul Residential: The owner or occupant of a residence where solid waste is
generated may collect, convey and dispose of such solid waste without a franchise or
license. The self -haul of solid waste shall not be allowed to create a nuisance or litter.
2. A civic, community, benevolent, or charitable nonprofit organization may collect,
convey, and/or market recyclable materials for recycling, for the purpose of raising
funds for that organization without a franchise, license, or contract with the city, so long
as the receptacle used for such purpose is neither a franchisee owned wheeled cart or
container, nor identical in volume and design to a wheeled cart or container available
from the franchisee.
3. Self -Haul Construction or Landscaper: A construction contractor or landscaper who
produces incidental volumes of solid waste in the course of construction, demolition, or
landscaping may collect, convey, and dispose of such solid waste from the premises
upon which it was generated without a franchise, license, or contract with the city, so
long as the receptacle used for such purpose is neither a franchisee owned wheeled cart
or container, nor identical in volume and design to a wheeled cart or container available
from the franchisee.
4. Subject to this chapter, any person may contract with a solid waste collection
provider of the person's choosing for the use of solid waste collection containers and
collection services for a temporary project -specific activities.
Section 5: Title 4 Chapter 2 Section 6 FRANCHISE CONDITIONS: is hereby amended, in part
to read as follows with underline text to be added and strike through text to be deleted.
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, leakproof bodies and provided with tightfitting 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 eity eleFk OF the eity cledir'c the City's
Section 6: Title 4 Chapter 2 Section 9 VIOLATION AND PENALTY: is hereby amended, in part
to read as follows with underline text to be added and strike through text to be deleted.
Any person violating any of the provisions of this chapter shall be guilty of an infraction
misdemeanor and punished as provided in section 1-4-1 of this code.
Section 7: 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 8: 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.
Approved and adopted this 1( day of August, 2025.
CITY OF EAGLE
Ada County, Idaho
4�:5
BRAD PIKE
ATTEST:
TRACY E. O BORN, CMC
CITY CLERK
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Order Number
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Order PO
Cols
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51379
IPLO271917
Legal Ad - IPLO271917
ORDINANCE NO. 954
2.0
66.OL
ATTENTION: CITY OF EAGLE / LEGALS IP
PO BOX 1520
EAGLE, ID 83616
finance@cityofeagle.org; hcsen csits@cityofeag le.org; kdavison@cityofeag le.org
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SUMMARY OF ORDINANCE NO. 954
AN ORDINANCE OF THE CrrY OF EAGLE, ADA COUNTY IDAHO TITLE 4 "PUB-
LIC HEALTH AND SAFETY" AMENDING CHAPTER 2 "GARBAGE AND RUBBISH",
ADDING A SEVERABLITY CLAUSE AND PROVIDING AN EFFECTIVE DATE.
A summary of the principal provisions of Ordinance No. 954 of the City of
Eagle, Ada County, Idaho as adopted by Eagle City Council on August 26, 2025.
Section 1: Adds clarification to the purpose and interpretation statement.
Section 2: Adds the definition of solid waste and temporary project -specific ac-
tivity.
Section 3: Amending text relating to garbage and refuse regulation regarding
compulsory use. Adding temporary project -specific regulation language.
Section 4: Identifying the requirement of a franchise agreement to provide solid
waste and recycling services within Eagle City limits and identifying exceptions
to the same.
Section 5: Clarifying language to allow the City to inspect franchise vehicles.
Section 6: Changing the violation and penalty of this Chapter from an infraction
to a misdemeanor.
Section 7: Providing a severability clause.
Section 8: Direct the City Clerk to codify the adopted ordinance and publish
in the official newspaper in accordance with Idaho State Code in addition to
identifying an effective date.
The full text of Ordinance No. 954 is available at City Hall, on the City website,
and will be provided to any citizen upon personal request during normal office
hours.
DATED as of the 26th of August 2026.
Brad Pike, Mayor
Attest: Tracy E. Osbom, City Clerk
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. 954 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 8th day of September, 2025.
Victor Villegas
Lakey Villegas Law & Policy
City Attorney, City of Eagle
IPLO271917
Sep 12 2025
the undersigned, being duly sworn, deposes and says: That he/she is
the Principal Clerk of The Idaho Statesman, a daily newspaper printed
and published at Boise, Ada County, State of Idaho, and having a
general circulation therein, and which said newspaper has been contin-
uously and uninterruptedly published in said County during a period of
twelve consecutive months prior to the first publication of the notice, a
copy of which is attached hereto: that said notice was published in The
Idaho Statesman, in conformity with Section 60-108, Idaho Code, as
amended, for:
1.0 insertion(s) published on:
09/12/25 Print
Print Tearsheet Link
Marketolace Link
t7UZW
_7W)W/ 11 SIGNED
Julie Ambry
.1� a, W6& SIGNEe
SIGNED
`N60"
Sworn to and subscribed before
me on
Sep 12, 2025, 9:36 AM EDT
Online Notary Public. This notarial act involved the use of online audio/video communication
technology. Notarization facilitated by SIGNiX'
SUMMARY OF ORDINANCE NO. 954
AN ORDINANCE OF THE CITY OF EAGLE, ADA COUNTY IDAHO TITLE 4 "PUB-
LIC HEALTH AND SAFETY" AMENDING CHAPTER 2 "GARBAGE AND RUBBISH",
ADDING A SEVERABLITY CLAUSE AND PROVIDING AN EFFECTIVE DATE.
A summary of the principal provisions of Ordinance No. 954 of the City of
Eagle, Ada County, Idaho as adopted by Eagle City Council on August 26, 2025.
Section 1: Adds clarification to the purpose and interpretation statement.
Section 2: Adds the definition of solid waste and temporary project -specific ac-
tivity.
Section 3: Amending text relating to garbage and refuse regulation regarding
compulsory use. Adding temporary project -specific regulation language.
Section 4: Identifying the requirement of a franchise agreement to provide solid
waste and recycling services within Eagle City limits and identifying exceptions
to the same.
Section 5: Clarifying language to allow the City to inspect franchise vehicles.
Section 6: Changing the violation and penalty of this Chapter from an infraction
to a misdemeanor.
Section 7: Providing a severability, clause.
Section 8: Direct the City Clerk to codify the adopted ordinance and publish
in the official newspaper in accordance with Idaho State Code in addition to
identifying an effective date.
The full text of Ordinance No. 954 is available at City Hall, on the City webske,
and will be provided to any citizen upon personal request during normal office
hours.
DATED as of the 26th of August 2026.
Brad Pike, Mayor
Attest: Tracy E. Osbom, City Clerk
CERTIFICATION OF ATTORNEY
I, the undersigned, an attorney at law duty 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. 954 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 8th day of September, 2025.
Victor Villegas
takey Villegas Law & Policy
City Attorney, City of Eagle
IPL0271917
Sep 12 2025