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06.07.2018CouncilAgenda - Packet 1 2135 SOUTH AMMON ROAD CITY COUNCIL-AGENDA THURSDAY, JUNE 7, 20187:00 P.M. CALL TO ORDER: Mayor Sean Colettiat 7:00 p.m. Pledge of Allegiance CouncilmemberThompson Prayer CouncilmemberTibbitts MINUTES:February 8, 2018, March 8, 2018 ITEMS FROM MAYOR: PUBLIC WORKS PRESENTATION: LHTAC -Road Scholar Presentation to Lukas Ellis & Nathan Riblett CONSENT AGENDA:Accounts Payable Exhibit A PUBLIC COMMENT REGARDING ITEMS NOT ON AGENDA:(5 Minute Limitation): PUBLIC HEARINGS:None ACTION ITEMS: 1.Keller Associates, Inc. Water Study 2.Ordinance Business Licensing -Title 4, Chapters 1-6, 9-14 3.Ordinance -Criminal Code Title 5, Chapters 1-3, 5-8, 10-12 4.Ordinance Health and Public Safety Title 6, Chapters 1, 3-5, & Title 7, Chapters 2, 4, 6, 7, & 10 5.Ordinance Public Utilities and Property Title 8, Chapters 1-9 6.Ordinance Traffic Regulations and Control Title 9, Chapters 1-10 DISCUSSION ITEMS: 1.Regional Economic Development Eastern Idaho (REDI) 2.Medical Insurance Options Ryan & Jeff Anderson 3.Ammon Local Match for FY2019 BMPO Budget 4.Targhee Regional Public Transportation Authority (TRPTA) Ann Rydalch 5.Misc. INDIVIDUALS NEEDING ACCOMODATION DUE TO DISABILITY MUST CONTACT CITY HALL NO LATER THAN 1:00 P.M. THE DAY BEFORE THE SCHEDULED MEETING TO ARRANGE ASSISTANCE 1 of 76 2 City Council Meeting: June 4, 2018 Mayor Coletti and City Councilmembers: Public Hearing and Approval of the Ammon Water Facilities Planning Study 2018 Department Head: Tracy Bono, City Engineer Recommendation -Staff recommends: Approval of the study Summary of Analysis -The study researched system demands related to fire flow, peak hour demand and storage issues -The study recommended one well producing 2,200 gpm in Zone 1 (which is the lower section of the city west of Quail Ridge, Hawks Landing and Founders) as the City grows for every 3,000 additional people. -According to the study, we will need 2.6 MG of additional storage for Zone 1 to satisfy equalization storage through 2037. Add 1 MG of storage for every 2,800 additional people. -To meet future demands, the City needs to add 3,000 gpm pumping capacity by 2037 for Zone 1. - correct the issues found in the study. Financial Impact -The initial cost estimates proposed in the early stages of this study are low compared to other similar projects being built now. Need to anticipate needing more money to complete these projects. -Significant funding is necessary to meet all recommendations in the study. Motion Ammon Water Facilities Planning Study 2018 , finding it meets state standards for approval, has been noticed properly, and represents the Ammon commu Attachments: 1. Info file. 2135 South Ammon Rd., Ammon, Idaho 83406 City Hall: (208) 612-4000 www.b.ci.ammon.id.us Page | 1 2 of 76 3 City Council Meeting: June 7, 2018 Mayor Coletti and City Councilmembers: Public Discussion and Approval of Ordinance 605, 607, 608, 609, and 610, amending Title 4 through 9 of the Ammon Municipal Code Staff Presenting: Micah Austin, City Administrator Scott Hall, City Attorney Recommendation - Staff recommends approval of Ordinance 605, 607, 608, 609, and 610 by proceeding with the first reading of each ordinance. Summary of Analysis - Section 1-1-3 of the official City Code of the City of Ammon provides for the amendment and approval of ordinances with the process identified in Title 1, Chapter 10. - According to Title 1, Chapter 10, all ordinances must be presented in a public meeting by the City Council. - All amendments were drafted, reviewed, and recommended by previous city administrator, after review by Mayor Kirkham, Mayor Coletti and City Attorney Scott Hall. The current administrator and city attorney have reviewed the ordinances and have no additions or amendments. - Amendments Summary: o Ordinance 605: Amends regulations in Title 4 pertaining to business licenses, liquor by the drink, beer, wine, amusements, door-to-door sales; itinerant merchants, mobile food vendors, pawn brokers, secondhand precious metals dealers, scrap dealers, massage therapy, home occupations, and bartending licenses. Many of the changes were made to make the Ammon City Code consistent with the Idaho State Code. o Ordinance 607: Amends regulations in Title 5 pertaining to prosecution and punishment, general police regulations, animals, public streets, irrigation works, public safety, nuisances, public smoking, public intoxication, open burning, air guns, fireworks, and burglar alarms. Many of the changes were made for the purposes of having the Ammon City Code reflect the policies and procedures of the City. o Ordinance 608 2135 South Ammon Rd., Ammon, Idaho 83406 City Hall: (208) 612-4000 www.b.ci.ammon.id.us Page | 1 3 of 76 4 Amends regulations in Title 6 pertaining to general health regulations, childcare and licensing, firepits, open fires, and EMS radio systems. Amends regulations in Title 7 pertaining to dangerous buildings, national electric code, international fire code, and floodplain. Many of the changes were made for the purposes of having the Ammon City Code reflect the policies and procedures of the City. o Ordinance 609 Amends regulations in Title 8 pertaining to sewer, parks, water service, sanitation, public right of way construction, public sidewalks, tree ordinance, maintenance and construction of sidewalks/curbs, and the fiber optic system. Many of the changes were made for the purposes of having the Ammon City Code reflect the policies and procedures of the City. o Ordinance 610 Amends regulations in Title 9 pertaining to traffic, traffic control signs, signals, speed regulations, public parking, parking on private property, bicycles, other vehicles, motorized vehicle operation, and snow removal. This amendment also addresses throwing, firing, propelling, or discharging of any objects at motor vehicles. Many of the changes were made for the purposes of having the Ammon City Code reflect the policies and procedures of the City. Financial Impact - No financial impacts are anticipated. Motion Refer to language provided by City Clerk. Attachments: 1.Ordinance 605 2.Ordinance 607 3.Ordinance 608 4.Ordinance 609 5.Ordinance 610 2135 South Ammon Rd., Ammon, Idaho 83406 City Hall: (208) 612-4000 www.b.ci.ammon.id.us Page | 2 4 of 76 5 ORDINANCE NO: #605AND SUMMARY AN ORDINANCE REPEALING, AMENDING AND READOPTING PORTIONS OF TITLE 4,BUSINESS REGULATIONS, CHAPTER 1, BUSINESS LICENSES; CHAPTER 2, LIQUOR BY THE DRINK; CHAPTER 3, BEER,CHAPTER 4, WINE; CHAPTER 5, AMUSEMENTS; CHAPTER 6, DOOR TO DOOR SALES; CHAPTER 9, IT MERCHANTS, MOBILE FOOD VENDORS; CHAPTER 10, PAWN BROKERS, SECONDHAND PRECIOUS METALS DEALERS; CHAPTER 11, SCRAP DEALERS; CHAPTER 12, MASSAGE THERAPY; CHAPTER 13, HOME OCCUPATIONS; OF THE CITY OF AMMON, PROVIDING FOR SEVERABILITY;REPEALING CONFLICTING ORDINANCES AND PROVIDING AN EFFECTIVE DATE. Imove that he City Council dispense with the rule requiring the reading of the ordinance on three different days and that the three readings be waived. ORDINANCE NO: #605AND SUMMARY AN ORDINANCE REPEALING, AMENDING AND READOPTING PORTIONS OF TITLE 4,BUSINESS REGULATIONS, CHAPTER 1, BUSINESS LICENSES; CHAPTER 2, LIQUOR BY THE DRINK; CHAPTER 3, BEER,CHAPTER 4, WINE; CHAPTER 5, AMUSEMENTS; CHAPTER 6, DOOR TO DOOR SALES; CHAPTER 9, IT MERCHANTS, MOBILE FOOD VENDORS; CHAPTER 10, PAWN BROKERS, SECONDHAND PRECIOUS METALS DEALERS; CHAPTER 11, SCRAP DEALERS; CHAPTER 12, MASSAGE THERAPY; CHAPTER 13, HOME OCCUPATIONS; OF THE CITY OF AMMON, PROVIDING FOR SEVERABILITY;REPEALING CONFLICTING ORDINANCES AND PROVIDING AN EFFECTIVE DATE. Imove the adoption of ordinance 605 and summaryas an ordinance of the City of Ammon on its third and final reading. 5 of 76 6 CITY OF AMMON ORDINANCE #605 AN ORDINANCE REPEALING, AMENDING AND READOPTING PORTIONS OF TITLE 4,BUSINESS REGULATIONS,CHAPTER 1, BUSINESS LICENSES; CHAPTER 2, LIQUOR BY THE DRINK; CHAPTER 3,BEER,CHAPTER 4, WINE; CHAPTER 5,AMUSEMENTS;CHAPTER 6,DOOR TO DOOR SALES;CHAPTER 9, IT MERCHANTS, MOBILE FOOD VENDORS; CHAPTER 10, PAWN BROKERS, SECONDHAND PRECIOUS METALS DEALERS; CHAPTER 11, SCRAP DEALERS; CHAPTER 12, MASSAGE THERAPY; CHAPTER 13, HOME OCCUPATIONS; E,OF THE CITY OF AMMON, PROVIDING FOR SEVERABILITY;REPEALING CONFLICTING ORDINANCES AND PROVIDING AN EFFECTIVE DATE. BE IT ORDAINED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF AMMON, IDAHO THAT: Section 1: Title 4,Business Regulations Title 4,Chapter1,Business Licenses,of the City Code of Ammon, shall be amendedto read as follows: Section 4-1-9 shall be amended to read as follows: LICENSES, DENIAL, SUSPENSION OR REVOCATION:The Council may revoke any license issued under this Title, at any time, if the licensee does not comply with the applicable provisions of this Title or other provisions of the City Code. A license applied for or issued under this Chapter may be denied, suspended or revoked, if any criminal history investigation reveals, that the applicant or licensee does not comply with the applicable provisions or intent of this Title orother provisions of the City Code. If a criminal history check reveals that there is a pending criminal investigation or criminal charge that would result in the revocation or denial of a business license or if there is a conviction or withheld judgment entered for the charge, the City Clerk shall deny the application, until such time, as the applicant has been cleared of such charges. An applicant would then be allowed the opportunity to reapply after being cleared of said investigation or criminal charge. The City Clerk may revoke or suspend any license issued under this chapter revocation or suspension and shall be heard at the next available City Council meeting. Denials of licenses issued pursuant to this chapter shall be based on non-compliance to the stated provisions of this chapter. Appeals on denials shall be handled the same as revocations or suspensions. Failure to appeal shall be deemed as a final decision of the City.The ruling of the City Council shall be the final decision of the City. The use of any license issued under the provisions of Title 4 of this City Code for any business or action for which the license was not issued shall be a violation of this chapter and said license shall be subject to immediate suspension and/or revocation. Section 4-1-12 shall be amended to read as follows: PENALTY: Any violation of the provisions of this chapter shall be deemed an infraction and shall be subject to penalties prescribed for such violations under section 1-4-2 of this code.In addition to the foregoing penalties in section 1-4-2 of the City Code, the City may seek an order of injunction from the Bonneville County Court prohibiting the business of engaging in business within the City.Said business shall be liable for any court costs and all attorney costs incurred by the City in relation thereto. Title 4, Chapter 2, Liquor by the Drink, of the City Code of Ammon, shall be repealed and readopted to read as follows: 4-2-1:DEFINITIONS:Certain words and phrases used in this Chapter are defined as follows: Ordinance #605T4C1 C2 C3 C4 C5C6C9 C10 C11 C12 C13 C14Page 1of 12 6 of 76 7 BARTENDER:Any person, whether agent, servant, employee, or person acting in any other capacity, who pours, mixes, or prepares any liquor by the drink, wine by the drink or beer by the drink upon any premise licensed to sell alcohol by the drink.A bartender canonly operate within the City of Ammon when employed by a business that holds a license as required by Chapters 2, 3 and/or 4 of the City Code. DIRECTOR:The Director of the Idaho Department of Law Enforcement. INTERDICTED PERSON: A person to whom the sale of liquor is prohibited under the laws of the State. LICENSE: A license issued by the City Clerk authorizing a licensee to sell liquor by the drink at retail. LICENSEE:The person/business to whom a license to sell and dispense liquor by the drink is issued under the provisions of this Chapter. LIQUOR: Any kind of liquor which may be sold by a State liquor store. PREMISE: The building, room or place in which the retail sale of wine by a licensee is authorized under this chapter. 4-2-2:LICENSE TO SELL OR DISPENSE REQUIRED:No person shall sell or dispense liquor/alcohol by the drink at retail on any premises in the City without first obtaining all licenses as required by the Ammon City Code and Title 23, Chapter 9, Idaho Code, as amended. Any person, whether agent, servant, employee, or person acting in any other capacity, who dispenses liquor by the 4-14-2, of the Ammon City Code. All licenses issued under this chapter shall be pursuant to all requirements and regulations of the Idaho CodeTitle 23 and related Ammon City Codes as they may apply. 4-2-3:LICENSE FEE:Each licensee shall pay in advance an annual license fee which shall be determined by a schedule of fees adopted by the City Council by resolution which may be amended from time to time. 4-2-4:APPLICATION FOR LICENSE: Each applicant for a license to sell liquor by the drink shall file with the City Clerk an application on a form designated by the Clerk, stating the following: (A)The application shall include a copy of a current license issued by the Director (of Law Enforcement of the State) pursuant to the provisions of Title 23, Chapter 9, Idaho Code, as amended. (B)The application shall include a copy of a current license issued by Bonneville County allowing the sale of liquor by the drink. (C)The names and addresses of all persons of contact and responsible for the operation of the business. This list shall include owner of the business as well as all managers. (D)Any other information reasonably necessary for the City Clerk to determine the applicant's qualifications or disqualifications for a license. (E)If during the term of any license issued under this Chapter any change shall take place in any of the information stated in the application, the licensee shall deliver a verified report of the change to the Clerk no later than seven (7) working days after the change occurs. 4-2-5:INVESTIGATION:Upon receipt of an application for a license or for a transfer of a license under this Chapter, accompanied by the necessary documents and fees, the Clerk shall review all information in the application. If it is determined that the contents of the application meet the requirements of this chapter and that the applicant is qualified to receive a license, that the premises are suitable for carrying on the intended business and that the property is zoned appropriately to allow for the sale of liquor by the drink, a license shall be issued or transferred. Otherwise, the application shall be denied and the license or transfer fee refunded. 4-2-6:FORM OF LICENSES; DISPLAY:Every license issued under this Chapter shall state the name of the person or business entity to whom issued and the location by street and number or other definite designation of the premises. If issued to a partnership, the names of the persons constituting the partnership shall be stated. If issued to a corporation or association, the names of the principal officers and the members of the governing board shall be stated. The license shall be signed by the licensee and shall be posted on the licensed premises in a place conspicuous to the public. No person except the named licensee shall exercise any of the privileges granted under the license. Licenses issued under this Chapter apply only to premises for which they have been issued. licenses, names of persons acting as bartenders and hours worked shall be available upon request of any police or enforcement officer representing the City of Ammon.It shall be the responsibility of the business to confirm and maintain required documentation for all persons acting as bartenders within the business. Failure to maintain the all constitute a violation of this ordinance by the business and deemed an infraction.Further, the City shall have the authority to revoke the business license and any City license issued authorizing the sale of liquor, beer or wine by the drink until compliance is established. Ordinance #605T4C1 C2 C3 C4 C5C6C9 C10 C11 C12 C13 C14Page 2of 12 7 of 76 8 All licenses issued under this chapter shall be pursuant to all requirements and regulations of the Idaho CodeTitle 23 and related Ammon City Codes as they may apply. 4-2-7:EXPIRATION OF LICENSES: All licenses issued under this chapter shall be paid in advance and shall expire one (1) year from the date of issue unless another date is endorsed on the license by the Clerk. 4-2-8:AGE RESTRICTIONS: Pursuant to the laws of the State of Idaho Title 23, any amendments and subsequent new regulations related to age shall apply to the regulations of the City of Ammon. The following Idaho Code Title 23, chapters and sections are provided for easy reference: (A)23-312, Persons Under Twenty-One and Intoxicated Persons Inhibited Sales (B)23-943, Persons Under Specified Ages Forbidden to Enter, Remain In or Loiter at Certain Licensed Places. (C)23-944, Exceptions from Restriction on Entering or Remaining (D)23-949, Persons Not Allowed to Purchase, Possess, Serve,Dispense, or Consume Beer, Wine or Other Alcoholic Liquor 4-2-9:TRANSFER OF LICENSES: No license may be transferred to another person, unless the transferee first obtains approval of the City upon application containing substantially the same information required by Section 4-2-4 of this Chapter. If the proposed transferee is qualified for the license, the City Clerk shall approve the transfer and shall reissue the license in the name of the transferee. The fee for each license transfer shall be determined by a schedule of fees adopted by the City Council by resolution which may be amended from time to time. 4-2-10:REPEALED 4-2-11:REPEALED 4-2-12:LOCATION RESTRICTIONS:No license shall be issued that does not meet the requirements of Idaho Code23-913. Any license issued must meet the zoning requirements of the City of Ammon Title 10. 4-2-13:RIGHT OF ENTRY:Any duly authorized police officer shall have the right at any time to enter and examine the premises of any licensee to ascertain compliance with the laws of the State and the City. It shall be unlawful to refuse any police or designated enforcement officer admittance to the premises for such purpose. 4-2-14:HOURS OF SALE:Pursuant to Idaho Code 23-927, no liquor shall besold, offered for sale, or given away upon any licensed premises during the following hours: (A) (B)of any day. It shall be unlawful for any person to dispense liquor for consumption on the premises in any place not licensed as an eating place under Title 4, Chapter 1 of the City of Ammon Code. 4-2-15:REPEALED 4-2-16:REPEALED 4-2-17:LIQUOR CATERING PERMIT: An alcohol beverage catering permit is a permit issued pursuant to section 23-934A of the Idaho Codewhich authorizes the permittee to serve and sell liquor by the drink, beer and wine, or beer, or wine, at a party or convention. An alcohol beverage catering permit shall be limited to authorization to sell liquor or beer or wine, or any combination thereof, based upon the type of license which the applicant possesses. An applicant is not required to hold aliquor, beer or wine permit within the City to apply for a catering permit, but must hold a valid permit within the State of Idaho. Applications forsuch permit shall be submitted to the City Clerk who shall verify the type of license held by the applicant. After determination of qualification of the applicant the City Clerk shall issue a catering permit following the requirements of any applicationsrequired by the City which shall contain at a minimum, but not limited to, the following information: (A)The name and address of the applicant and the number of his state liquor license. (B)The dates and hours during which the permit is to be effective, not to exceed three (3) consecutive days. (C)The names and addresses of the organizations, groups, or persons sponsoring the event. (D)The address at which the liquor is to be served, and if a public building, the rooms in which the liquor is to be served. The application shall be verified by the applicant and filed with the Clerk. A filing fee which shall be determined by a schedule of fees adopted by the City Council by resolution which may be amended from time to time shall be paid at the time the application is submitted. Fee shall be for each day the permit is to be effective and shall be nonrefundable irrespective of whether the party or convention is held. Ordinance #605T4C1 C2 C3 C4 C5C6C9 C10 C11 C12 C13 C14Page 3of 12 8 of 76 9 Catering permits issued under this section are issued pursuant to Idaho Code23-934A. 4-2-18:REPEALED 4-2-19:REPEALED 4-2-20:PENALTY:Any violation of the provisions of this chapter shall be deemed a misdemeanor pursuant to Idaho Code23-947 and shall be subject to penalties prescribed for such violations under Idaho Code 18-113 and section 1-4-1 of this City Code. EXCEPTION: Violation of the provisions of Title 4, Chapter 14 of the Ammon City Code shall be deemed an infraction and shall be subject to the penalties prescribed for such violations under section 1-4-2of this code. Title 4, Chapter 3, Beer, of the City Code of Ammon, shall be repealed and readopted to read as follows: 4-3-1:DEFINITIONS:Certain words and phrases used in this Chapter are defined as follows: BEER: Any beverage obtained by the alcoholic fermentation of an infusion or decoction of barley, malt and/or other ingredients in drinkable water and which contains not more than six (6) percent alcohol by weight. BEER BY THE DRINK:A license to sell beer by the individual glass or open bottle at a retail for consumption on the premise. DISTRIBUTOR:A person who is employed by or is an agent of a retailer to sell, serve or dispense beer. LICENSE: A license issued by the City Clerk authorizing a licensee to sell beer at retail. LICENSEE:A qualified person to whom a license for the retail sale of beer is issued under the provisions of this chapter. PREMISES: The building, room or place in which the retail sale of beer by a licensee is authorized under this chapter. RETAILER: A person to whom a beer license has been issued. 4-3-2:LICENSE REQUIRED:Except as otherwise provided in this Chapter, no person shall sell or dispense beer at retail within the City without first obtaining a license from the City as required by the Ammon City Code. Any person, whether agent, servant, employee, or person acting in any other capacity, who dispenses beer by the drink upon any premise licensed to sell beer by the drink, in which said establishment also holds a liquor by the drink permit, pursuant to section 4-2- section 4-14-2, of the Ammon City Code. A copy of all employees licensed as a bartender shall be kept and maintained in an orderly fashion. licenses, names of persons acting as bartenders and hours worked shall be available upon request of any police or enforcement officer representing the City of Ammon.It shall be the responsibility of the business to confirm and maintain required documentation for all persons acting as bartenders within the business.Failure to maintain such documentation shall constitute a violation of this ordinance by the business.Further, the City shall have the authority to revoke the business license and any City license issued authorizing the sale of liquor, beer or wine by the drink until compliance is established. All licenses issued under this chapter shall be pursuant to all requirements and regulations of the Idaho Code Title 23 and related Ammon City Codes as they may apply. EXCEPTION: The State of Idaho Liquor Dispensary shall be exempt from the purchase a beer license. 4-3-3:LICENSE FEES AND EXPIRATION:License fees for the retail sale of beer in the City shall be determined by a schedule of fees adopted by the City Council by resolution which may be amended from time to time. All licenses issued under this chapter shall bepaid in advance and shall expire one (1) year from the date of issue unless another date is endorsed on the license by the Clerk. 4-3-4:APPLICATION FOR LICENSE: (A)Each applicant for a license for the retail sale of beer shall file with the City Clerk an application on a form designated by the Clerk, stating the following: 1.The name and residential address of the applicant. 2.The street address of the premises where beer is to be sold. 3.The name of the owner of the premises for which the license is sought. 4.That the applicant, if an individual, is at least nineteen (19) years old. 5.That the applicant has not been convicted of a felony or any crime involving moral Ordinance #605T4C1 C2 C3 C4 C5C6C9 C10 C11 C12 C13 C14Page 4of 12 9 of 76 10 turpitude. 6.The names and addresses of four (4) references as to the good moral character of the applicant. 7.The application shall include a copy of a current license issued by Bonneville County allowing the retail sale of beer. 8.The application shall include a copy of a current license issued by the State of Idaho allowing the retail sale ofbeer. 9.That the applicant agrees to abide by the terms and conditions of this Chapter, and any laws, ordinances, rules, or regulations subsequently promulgated by the State of Idaho, Bonneville Countyor the City regarding the retail sale of beer within the City. 10.Any other information the Clerk requires to determine that the applicant possesses the qualifications and has none of the disqualifications for a license, as provided in this Chapter and in Sections 23-1010 and 23-1016, Idaho Code, as amended. (B)Upon receipt of an application for a license or for a transfer of a license under this Chapter, accompanied by the necessary license or transfer fee, the Clerk shall investigate all information stated in the application. If it is determined that the contents of the application are true, that the applicant is qualified to receive a license, that the premises are suitable for carrying on the intended business and that the requirements of this Chapter have been met, a license shall be issued or transferred. Otherwise, the application shall be denied and the license or transfer fee refunded. (C)All applications for a retail beer license or any transfer or renewal of a retail beer license shall be granted or denied within sixty (60) days from the date the application was delivered to the City Clerk. (D)If the City Clerk denies an application for a retail beer license, or any renewal or transfer of a retail beer license, the Clerk shall specify in writing: 1.The statutes, ordinances, and standards used in evaluating the application; 2.The reasons for denial; and 3.The actions, if any, the applicant could take to obtain the license, transfer or renewal. 4.Appeals of any denial of a license, transfer or renewal of a license shall be pursuant to Idaho Code23-1016-4. 4-3-5:REPEALED 4-3-6:LICENSE FOR DESIGNATED ADDRESS ONLY:A license for the retail sale of beer shall be granted only for the place designated in the application. The place of business shall not be changed or moved without the consent the Council. 4-3-7:LOCATION RESTRICTIONS: No license shall be issued that does not meet the requirements of Idaho Code23-1011B. Any license issued must meet the zoning requirements of the City of Ammon Code Title 10. 4-3-8:POSTING OF LICENSE:All licenses for the sale of beer shall be posted in a place conspicuous to the public at the licensed premises at all times when the premises are open for business. 4-3-9:TRANSFER OF LICENSE; TRANSFER FEE:No license may be transferred to another person, unless the transferee first obtains approval of the City upon application containing substantially the same information required by Section 4-3-4 of this Chapter. If the proposed transferee is qualified for the license, the City Clerk shall approve the transfer and shall reissue the license in the name of the transferee. The fee for each license transfer shall be determined by a schedule of fees adopted by the City Council by resolution which may be amended from time to time. 4-3-10:RIGHT OF ENTRY:Any policeofficer shall have the right at any time to enter and examine the premises of any licensee or of any place where beer is sold at retail to ascertain the alcoholic content of any beer kept for sale on the premises or to ascertain compliance with the laws of the State and the City. It shall be unlawful to refuse any police officer admittance to the premises for such purposes. 4-3-11:RESTRICTIONS CONCERNING AGE: Pursuant to Idaho Code23-1013; Any person who is nineteen (19) years of age or older may sell, serve, possess or dispense beer in the course of his employment, otherwise it shall be unlawful for any person to sell, serve or dispense beer to or by any person under twenty-one (21) years of age, proof of which, shall be a validly issued state, district, territorial, possession, provincial, national or other equivalent government driver's license, identification card or military identification card bearing a photograph and date of birth, or a valid passport. Ordinance #605T4C1 C2 C3 C4 C5C6C9 C10 C11 C12 C13 C14Page 5of 12 10 of 76 11 4-3-12:CONDUCT OF BUSINESS:Every person licensed under this Title to sell beer at retail shall at all times conduct a quiet and well-lighted, orderly place of business. 4-3-13:HOURS OF SALE:Pursuant to Idaho Code 23-1012, it shall be unlawful for any person in any placelicensed to sellbeer by the drink or beer for consumption on the premises, whether for pleasure or profit, to sell or dispense beer for consumption on the premises or to permit the consumption of beer on the premises between the following hours: (A)1:00 a.m. and 6:00 a.m. of any day. (B)1:00 a.m. on Christmas and 6:00 a.m. of the day following such holidays. It shall be unlawful for any person to dispense beer for consumption on the premises, in any place not licensed as an eating place under Title 4, Chapter 1 of the City of Ammon Code. 4-3-14:PENALTY:Any violation of the provisions of this chapter shall be deemed a misdemeanor pursuant to Idaho Code23-1020 and shall be subject to penalties prescribed for such violations under Idaho Code 18-113 and section 1-4-1 of this City Code. EXCEPTION: Violation of the provisions of Title 4, Chapter 14 of the Ammon City Code shall be deemed an infraction and shall be subject to the penalties prescribed for such violations under section 1-4-2 of this code. Title 4, Chapter 4,Wine, of the City Code of Ammon, shall be repealed and readopted to read as follows: 4-4-1:DEFINITIONS:Certain words and phrases used in this Chapter are defined as follows: BARTENDER:Any person, whether agent, servant, employee, or person acting in any other capacity, who pours, mixes, or prepares any liquor by the drink, wine by the drink or beer by the drink upon any premise licensed to sell alcohol by the drink.A bartender can only operate within the City of Ammon when employed by a business that holds a license as required by Title 4, Chapters 2, 3 and/or 4 of the City Code. DIRECTOR:The Director of the Idaho Department of Law Enforcement. DISTRIBUTOR:A person who is employed by or is an agent of a retailer to sell, serve or dispense. LICENSE: A license issued by the City Clerk authorizing a licensee to sell wine at retail. LICENSEE:A qualified person to whom a license for the retail saleof wine is issued under the provisions of this chapter. PREMISE: The building, room or place in which the retail sale of wine by a licensee is authorized under this chapter. RETAIL WINE LICENSE:A license issued by the Director authorizing a person to sell wine at retail for consumption off the licensed premises. The term also means a license issued by the City authorizing a person to sell wine at retail for consumption off the licensed premised only. RETAILER:A person to whom a retail wine license or wine-by-the-drink license has been issued. WINE:Any alcoholic beverage containing not more than fourteen (14) percent alcohol by volume obtained by the fermentation of the natural sugar content of fruits or other agricultural products containing sugar whether or not other ingredients are added. 4-4-2:LICENSE REQUIRED:Except as otherwise provided by this Chapter, no person shall sell wine at retail for consumption off the premises or by the individual glass or open bottle for consumption on the premises within the City, without first obtaining a license under this Chapter. A person who holds a valid current wine-by- the-drink license issued by the City may sell on the licensed premises wine at retail for consumption off the premises without obtaining a retail wine license from the City. Any person, whether agent, servant, employee, or person acting in any other capacity, who dispenses wine by the drink upon any premise licensed to sell wine by the drink, in which said establishment also holds a liquor by the drink permit, pursuant to section 4-2-2 of section 4-14-2, of the Ammon City Code. A copy of all employees licensed as a bartender shall be kept and maintained in an orderly fashion. licenses, names of persons acting as bartenders and hours worked shall be available upon request of any police or enforcement officer representing the City of Ammon.It shall be the responsibility of the business to confirm and maintain required documentation for all persons acting as bartenders within the business. Failure to maintain the deemed an infraction.Further, the City shall have the authority to revoke the business license and any City license issued authorizing the sale of liquor, beer or wine by the drink until compliance is established. All licenses issued under this chapter shall be pursuant to all requirements and regulations of the Idaho Code Title 23and related Ammon City Codes as they may apply. Ordinance #605T4C1 C2 C3 C4 C5C6C9 C10 C11 C12 C13 C14Page 6of 12 11 of 76 12 EXCEPTION: The State of Idaho Liquor Dispensary shall be exempt from the purchase a wine license. 4-4-3:LICENSE FEES AND EXPIRATION:License fees for the retail sale of wine in the City shall be paid in advance as determined by a schedule of fees adopted by the City Council by resolution which may be amended from time to time. All licenses issued under this chapter shall be paid in advance and shall expire one (1) year from the date of issue unless another date is endorsed on the license by the Clerk. 4-4-4:APPLICATION FOR LICENSE: (A)Each applicant for a license for the retail sale of wine shall file with the City Clerk an application on a form designated by the Clerk, stating the following: 1.The name and residential address of the applicant. 2.The street address of the premises where wine is to be sold. 3.The name of the owner of the premises for which the license is sought. 4.That the applicant, if an individual, is at least nineteen (19) years old. 5.That the applicant has not been convicted of a felony or any crime involving moral turpitude. 6.The application shall include a copy of a current license issued by Bonneville County allowing the retail sale of wine. 7.The application shall include a copy of a current license issued by the State of Idaho allowing the retail sale of wine. 8.That the applicant agrees to abide by the terms and conditions of this Chapter, and any laws, ordinances, rules, or regulations subsequently promulgated by the State of Idaho, Bonneville County or the City regarding the retail sale of beer within the City. 9.Any other information the Clerk requires to determine that the applicant possesses the qualifications and has none of the disqualifications for a license, as provided in this Chapter and in Title 23, Idaho Code, as amended. (B)Upon receipt of an application for a license or for a transfer of a license under this Chapter, accompanied by the necessary license or transfer fee, the Clerk shall investigate all information stated in the application and if it is determined that the contents of the application are true, that the applicant is qualified to receive a license, that the premises are suitable for carrying on the intended business and that the requirements of this Chapter have been met, a license shall be issued or transferred.Otherwise, the application shall be denied and the license or transfer fee refunded. (C)All applications for a retail wine license or any transfer or renewal of a retail wine license shall be granted or denied within sixty (60) days from the date the application was delivered to the City Clerk. (D)If the City Clerk denies an application for a retail wine license, or any renewal or transfer of a retail wine license, the Clerk shall specify in writing: 1.The statutes, ordinances, and standards used in evaluating the application; 2.The reasons for denial; and 3.The actions, if any, the applicant could take to obtain the license, transfer or renewal. 4-4-5:QUALIFICATIONS:An applicant for a retail wine license or wine-by-the-drink license shall possessall qualifications necessary to obtain a license from the Director. Licensees shall maintain qualifications throughout the period for which their license is issued. Possession of licenses regularly issued by the Director and Bonneville County shall be prima facie evidence of the applicant's qualifications and shall be a requirement for the applicant to possess, prior to receiving a license under this Chapter. 4-4-6:ISSUANCE OF LICENSE:When the applicant for a retail wine license or wine-by-the-drink license has produced evidence as required by Section 4-4-5 above and paid the required license fee, the City Clerk shall submit the application to the City Council within thirty (30) days after the application is filed. Upon approval of the Council, the Clerk shall issue the license to the applicant. 4-4-7:TRANSFER OF LICENSE:The procedure for the transfer of a retail wine license or a wine-by-the-drink license shall be the same as provided in Idaho Code Section 23-1317, as amended, upon application to the City Clerk. The fee for transfer of a retail wine license or wine-by-the-drink license shall be Ordinance #605T4C1 C2 C3 C4 C5C6C9 C10 C11 C12 C13 C14Page 7of 12 12 of 76 13 determined by a schedule of fees adopted by the City Council by resolution which may be amended from time to time. The license of the transferring licensee shall be surrendered to the City Clerk before such transfer may be made. 4-4-8:CONSUMPTION ON PREMISES:Retailers who do not possess a valid City license for the retail sale of liquor by the drink or wine-by-the-drink shall not permit consumption of wine on the licensed premises. 4-4-9:LOCATION RESTRICTIONS: Pursuant to Idaho Code 23-1307A. Any license issued must meet the zoning requirements of the City of Ammon Code Title 10. 4-4-10:AGE RESTRICTIONS: Pursuant to the laws of the Stateof Idaho Title 23, any amendments and subsequent new regulations related to age shall apply to the regulations of the City of Ammon. The following Idaho Code Title 23, chapters and sections are provided for easy reference: (A)23-312, Persons Under Twenty-One and Intoxicated Persons Inhibited Sales (B)23-943, Persons Under Specified Ages Forbidden to Enter, Remain In or Loiter at Certain Licensed Places. (C)23-944, Exceptions from Restriction on Entering or Remaining (D)23-949, Persons Not Allowed to Purchase, Possess, Serve, Dispense, or Consume Beer, Wine or Other Alcoholic Liquor 4-4-11:HOURS OF SALE: It shall be unlawful for any person in any place licensed to sell wine by the drink or wine for consumption on the premises, whether for pleasure or for profit, to sell or dispense wine for consumption on the premises or to permit the consumption of wine on the premises during the following hours: (A)1:00 a.m. and 6:00 a.m. of any day. (B)1:00 a.m. on Christmas and 6:00 a.m. of the day following such holidays. It shall be unlawful for any person to dispense wine for consumption on the premises, in any place not licensed as an eating place under Title 4, Chapter 1 of the City of Ammon Code. 4-4-12:PENALTY:Any violation of the provisions of this chapter shall be deemed a misdemeanor pursuant to Idaho Code 23-947 and shall be subject to penalties prescribed for such violations under Idaho Code 18-113 and as allowed by said Idaho Code, section 1-4-1 of this City Code. EXCEPTION: Violation of the provisions of Title 4, Chapter 14 of the Ammon City Code shall be deemed an infraction and shall be subject to the penalties prescribed for such violations under section 1-4-2 of this code. Title 4, Chapter 5, Amusements, of the City Code of Ammon, shall be repealed in its entirety. Title 4, Chapter 6,Door to Door Solicitation, of the City Code of Ammon, shall be amended to read as follows: Section 4-6-3shall be amended to read as follows: DOOR TO DOOR SALESLICENSE REQUIRED: No person shall engage in the solicitation of residences within the City without first obtaining a door to door sales license. EXCEPTIONS: The door to door licensing requirements of this Chapter shall not apply to the following: A.The sale of goods, wares, merchandise or services by any student group or religious, philanthropic or charitable organization exempt from taxation under 26 U.S.C. Section 501 and which has a local charter or sponsor located in the City; B.Dissemination of political campaign materials, the exercise of political franchise, or campaign activities, voter registration activities. C.Proselytizing or dissemination of religious faith or view point or the solicitation of contributions or donations by a religious faith organization qualified under 26 USC Section 501. D.Advertisements left at or posted on the premise (door hangers). Ordinance #605T4C1 C2 C3 C4 C5C6C9 C10 C11 C12 C13 C14Page 8of 12 13 of 76 14 Section 4-6-6shall be amended to read as follows: BACKGROUND INVESTIGATION: A.In order to determine the suitability of a prospective applicant for a door to door sales license, the City shall require a background history check of all persons upon submission of application, no applicant shall be issued a door to door sales license if the applicant has; 1.Been convicted of any felony, in any jurisdiction, within five (5) years prior to the date of the application; 2.Been granted a withheld judgment for any felony, within five (5) years prior to the date of the application; 3.Has any business-related permit or license revoked by any jurisdiction within five (5) years prior to the date of the application; 4.Been found to have made a false statement on the application; 5.Been convicted or granted a withheld judgment for any felony or misdemeanor involving battery or domestic violence within ten (10) years prior to the date of the application; 6.The applicant has been convicted or granted a withheld judgment for any crime involving the sale, possession, or use of a controlled substance or the unlawful use or possession of drug paraphernalia, within five years prior to the date of the application. B.The City Clerk or their authorized agent shall submit background check inquiries to the necessary agency. C.No temporary license shall be issued for door to door sales applicants. Licenses shall only be granted after all required documentation and background information has been received and confirmed. Section 4-6-7, subsection C, shall be amended to read as follows: C.It shall be a violation of this chapter and code for any person licensed as a door to door sales person to refuse to provide a resident the information contained on the badge. Failure to provide the information on request or failure to wear the badge may result in revocation of the door to door sales license and badge. Section 4-6-13, shall be amended to read as follows: PENALTY: Any violation of the provisions of this chapter shall be deemed an infraction and subject to section 1- 4-2 of the Ammon CityCode. Each day such violation continues, shall be a separate violation, which shall be deemed as a separate infraction and a citation may be issued therefore. Title 4, Chapter 9,Itinerant Merchants, Mobile Food Vendor, of the City Code of Ammon, shallbe amended to read as follows: Section 4-9-2shall be amended to read as follows: DEFINITIONS:Certain words and phrases used in this Chapter are defined as follows: AMUSEMENT ENTERPRISE:Any carnival, amusement ride business, game arcade, or similar amusements, games, or contests operated not permanently attached to real property and as a temporary business within the City. GARAGE/YARD/LAWN SALE:As used in this Chapter, a "garage/yard/lawn sale, or other such related term" is a sale of new or used personal property in a residential zone. ITINERANT MERCHANT:As used in this Chapter, an "itinerant merchant" is any person who sells or offers to sell any goods, wares, merchandise, or services (including amusement enterprises) from any stand, vehicle, trailer, tent, rack or other shelter or structure, not permanently affixed to real property; or any person who sells or offers to sell any goods, wares, merchandise or services from any motel room, office, building, warehouse, shopping mall, door to door, or other location with an intent to remain at that location temporarily. Written permission from the property owner must be received prior to the issuance of any itinerant merchant license. Firework stands shall also comply with Title 6, Chapter 3 of the City Code. MOBILE FOOD VENDOR:As used in this Chapter, a "mobile food vendor" is a person who sells at retail food or beverages, to the public from any vehicle. VEHICLE:As used in this Chapter, "vehicle" shall have the same meaning as under Chapter 1, Title 49 of the Idaho Code. Section 4-9-29shall be amended to read as follows: PENALTY: Any violation of the provisions of this chapter shall be deemed an infraction and shall be subject to penalties prescribed for such violations under section 1-4-2 of this code. Ordinance #605T4C1 C2 C3 C4 C5C6C9 C10 C11 C12 C13 C14Page 9of 12 14 of 76 15 Title 4, Chapter 10,Pawn Brokers-Secondhand Precious Metals Dealers,of the City Code of Ammon, shall be amended to read as follows: Section 4-10-1shall be repealed and readopted to read as follows: DEFINITIONS: For the purpose of this chapter, certain words and terms are defined as follows: PAWNBROKER DEFINED: As used in this Chapter, "pawnbroker" is a person who engages in the business of lending or advancing money on the security of personal property pledged or deposited in his or her possession. PRECIOUS METALS DEFINED: As used in this Chapter, "precious metals" means gold, silver, platinum and their alloys. SCRAP DEALER TYPES OF MERCHANDISE: A scrap dealer shall be considered any person or business as defined in Idaho Code Title 54, Chapter 27. Scrap dealers shall meet and comply with all licensing and regulations within the afore mentioned Idaho Code Title 54 and Chapter 27. The City of Ammon requires no special licensing other than a general business license of those businesses operating as a scrap metal business. SECONDHAND PRECIOUS METALS DEALER DEFINED; EXCEPTIONS: (A)Definition: As used in this Chapter, a "secondhand precious metals dealer" is a person who engages in the business of buying, selling, exchanging or trading old or used precious metal or secondhand goods containing any precious metal. (B)Exceptions: The following shall not be considered secondhand precious metals dealers: Persons who in the ordinary course of business buy or sell uncast precious metals primarily for use in any manufacturing or photographic developing process, jewelry manufacture or repair, or dental restoration or repair. Persons who in the ordinary course of business accept or receive secondhand goods containing precious metals as consideration for the sale of new merchandise and who subsequently dispose of such secondhand goods in the same form as they existed at the time of their receipt. Section 4-10-2shall be repealed and readopted to read as follows: LICENSE REQUIRED: No person shall engage in the business of a pawnbroker or secondhand precious metals dealer without first obtaining a license issued by the City. Section 4-10-3, Subsection A, shall be amended to read as follows: (A) be made on a form provided by the City Clerk. The application shall state the applicant's name, residential address,business name, address of place of business, type of license applied for and a general description of the goods or materials to be purchased, sold, exchanged or traded. The relevant license fee shall accompany the application. Section 4-10-11, Subsection A, shall be amended to read as follows: (A)All pawnbrokers, and secondhand precious metals dealers shall keep and file with the may be determined by the Police Division. Such digital records shall be filed within seventy-two (72) hours after the time and date of the transaction. The digital records required for filing shall consist of the following records: 1.An accurate description of all precious metals and personal property purchased, acquired or received. 2.The name, residence, driver's license number, or social security number of the person from whom any, precious metals or personal property is purchased, acquired or received. 3.The date and place of the purchase, acquisition, or reception. 4.The date when such property is disposed of and the name and address of the person receiving the same. 5.Any other records required to be kept under Idaho law. Section 4-10-18, shall be amended to read as follows: PENALTY:Any violation of the provisions of this chapter shall be deemed an infraction and shall be subject to penalties prescribed for such violations under section 1-4-2 of this code. Title 4, Chapter 11,Scrap Dealers,of the City Code of Ammon, shall be repealed in its entirety. Title 4, Chapter 12,Massage Therapy,of the City Code of Ammon, shall be repealed in its entirety. Ordinance #605T4C1 C2 C3 C4 C5C6C9 C10 C11 C12 C13 C14Page 10of 12 15 of 76 16 Title 4, Chapter 13,Home Occupations, Section 11of the City Code of Ammon, shall be amended to read as follows: VIOLATIONS AND PENALTIES: Any violation of the provisions of this chapter shall be deemed an infraction and shall be subject to penalties prescribed for such violations under section 1-4-2 of this code, subject to the provisions of Idaho Code 18-111 and 18-113A. Each day of the violation shall be considered a separate offense and shall be punishable by separate fines as provided for herein. Title 4, Chapter 14,of the City Code of Ammon, shall be amended to read as follows: PENALTY:Any violation of the provisions of this chapter shall be deemed an infraction and shall be subject to penalties prescribed for such violations under section 1-4-2 of this code. Each day such violation continues, shall be a separate violation, which shall be deemed as a separate infraction and a citation may be issued therefore. Violations shall be assessed on a per violation per day basis. Section 2: Repeal of Conflicting Provisions. All provisions of the current Code or ordinances of the City of Ammon which conflict with the provisions of this ordinance are hereby repealed to the extent of such conflict. Section 3: Severability. This ordinance is hereby declared to be severable. Should any portion of this ordinance be declared invalid by a court of competent jurisdiction, the remaining provisions shall continue in full force and effect and shall be read to carry out the purpose(s) of the ordinance before the declaration of partial invalidity. Section 4: Effective Date. Thisordinance shall be effectiveon June15, 2018,upon its passage and publication as provided by law. th Enacted by the City Council as an ordinance of the City of Ammon on the 7day of June, 2018. th Approved by the Mayor on the 7day of June, 2018. CITY OF AMMON __________________________________ Sean Coletti, Mayor ATTEST: _______________________________ Rachael Sanders, City Clerk I, RACHAEL SANDERS, CITY CLERK OF THE CITY OF AMMON, IDAHO DO HEREBY CERTIFY; That the above and foregoing is a full, true and correct copy of the Ordinance entitled, AN ORDINANCE REPEALING, AMENDING AND READOPTING PORTIONS OF TITLE 4,BUSINESS REGULATIONS, CHAPTER 1, BUSINESS LICENSES; CHAPTER 2, LIQUOR BY THE DRINK; CHAPTER 3, BEER,CHAPTER 4, WINE; CHAPTER 5, AMUSEMENTS; CHAPTER 6, DOOR TO DOOR SALES; CHAPTER 9, IT MERCHANTS, MOBILE FOOD VENDORS; CHAPTER 10, PAWN BROKERS, SECONDHAND PRECIOUS METALS DEALERS; CHAPTER 11, SCRAP DEALERS; CHAPTER 12, MASSAGE THERAPY; CHAPTER 13, HOME OCCUPATIONS; OF THE CITY OF AMMON, PROVIDING FOR SEVERABILITY;REPEALING CONFLICTING ORDINANCES AND PROVIDING AN EFFECTIVE DATE. th DATED this 7day of June, 2018. ______________________________________ Rachael Sanders, City Clerk Ordinance #605T4C1 C2 C3 C4 C5C6C9 C10 C11 C12 C13 C14Page 11of 12 16 of 76 17 CITY OF AMMON BONNEVILLE COUNTY, IDAHO SUMMARY OF ORDINANCE NO: #605 AN ORDINANCE REPEALING, AMENDING AND READOPTING PORTIONS OF TITLE 4,BUSINESS REGULATIONS, CHAPTER 1, BUSINESS LICENSES; CHAPTER 2, LIQUOR BY THE DRINK; CHAPTER 3, BEER,CHAPTER 4, WINE; CHAPTER 5, AMUSEMENTS; CHAPTER 6, DOOR TO DOOR SALES; CHAPTER 9, IT MERCHANTS, MOBILE FOOD VENDORS; CHAPTER 10, PAWN BROKERS, SECONDHAND PRECIOUS METALS DEALERS; CHAPTER 11, SCRAP DEALERS; CHAPTER 12, MASSAGE THERAPY; CHAPTER 13, HOME OCCUPATIONS; OF THE CITY OF AMMON, PROVIDING FOR SEVERABILITY;REPEALING CONFLICTING ORDINANCES AND PROVIDING AN EFFECTIVE DATE. Ammon Road, Ammon, Idaho. ATTEST:CITY OF AMMON _________________________________________________________________ Rachael Sanders, City ClerkSean Coletti, Mayor I have reviewed the foregoing summary and believe that it provides a true and complete summary of Ordinance #605and that the summary provides adequate notice to the public of the contents of this ordinance. th DATED this 7day of June, 2018. ________________________________ Scott Hall, City Attorney Ordinance #605T4C1 C2 C3 C4 C5C6C9 C10 C11 C12 C13 C14Page 12of 12 17 of 76 18 ORDINANCE NO: #607AND SUMMARY AN ORDINANCE REPEALING, AMENDING AND READOPTING PORTIONS OF TITLE 5,CRIMINAL CODE, CHAPTER 1, PROSECUTION AND PUNISHMENT OF CRIMES,CHAPTER 2, GENERAL POLICE REGULATIONS, CHAPTER 3, ANIMALS, CHAPTER 5, PUBLIC STREETS, CHAPTER 6, IRRIGATION WORKS, CHAPTER 7, PUBLIC SAFETY, CHAPTER 8, NUISANCES, PUBLIC SMOKING AND PUBLIC INTOXICATION, CHAPTER 10, OPEN BURNING, CHAPTER 11, AIR GUNS AND FIREARMS, CHAPTER 12, BURGLAR ALARMS; OF THE CITY OF AMMON, PROVIDING FOR SEVERABILITY;REPEALING CONFLICTING ORDINANCES AND PROVIDING AN EFFECTIVE DATE. Imove that he City Council dispense with the rule requiring the reading of the ordinance on three different days and that the three readings be waived. ORDINANCE NO: #607AND SUMMARY AN ORDINANCE REPEALING, AMENDING AND READOPTING PORTIONS OF TITLE 5,CRIMINAL CODE, CHAPTER 1, PROSECUTION AND PUNISHMENT OF CRIMES,CHAPTER 2, GENERAL POLICE REGULATIONS, CHAPTER 3, ANIMALS, CHAPTER 5, PUBLIC STREETS, CHAPTER 6, IRRIGATION WORKS, CHAPTER 7, PUBLIC SAFETY, CHAPTER 8, NUISANCES, PUBLIC SMOKING AND PUBLIC INTOXICATION, CHAPTER 10, OPEN BURNING, CHAPTER 11, AIR GUNS AND FIREARMS, CHAPTER 12, BURGLAR ALARMS; OF THE CITY OF AMMON, PROVIDING FOR SEVERABILITY;REPEALING CONFLICTING ORDINANCES AND PROVIDING AN EFFECTIVE DATE. Imove the adoption of ordinance 607and summaryas an ordinance of the City of Ammon on its third and final reading. 18 of 76 19 CITY OF AMMON ORDINANCE #607 AN ORDINANCE REPEALING, AMENDING AND READOPTING PORTIONS OF TITLE 5,CRIMINAL CODE,CHAPTER 1,PROSECUTION AND PUNISHMENT OF CRIMES,CHAPTER 2, GENERAL POLICE REGULATIONS, CHAPTER 3, ANIMALS, CHAPTER 5,PUBLIC STREETS, CHAPTER 6, IRRIGATION WORKS, CHAPTER 7, PUBLIC SAFETY, CHAPTER 8, NUISANCES, PUBLIC SMOKING AND PUBLIC INTOXICATION, CHAPTER 10, OPEN BURNING, CHAPTER 11, AIR GUNS AND FIREARMS, CHAPTER 12, BURGLAR ALARMS;OF THE CITY OF AMMON, PROVIDING FOR SEVERABILITY;REPEALING CONFLICTING ORDINANCES AND PROVIDING AN EFFECTIVE DATE. BE IT ORDAINED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF AMMON, IDAHO THAT: Section 1: Title 5,Criminal Code Title 5,Chapter1,Prosecution and Punishment of Crimes, Section 3,Punishment for Crimes,of the City Code of Ammon, shall be amended to read as follows: (A)Felonies: All felonies are prosecuted and punishable pursuant to the provisions of the Idaho Code, subject to the provisions of Idaho Code 18-111. (B)Misdemeanors: Any crime constituting a misdemeanor shall be subject to penalties prescribed for such violations under section 1-4-1 of this code, subject to the provisions of Idaho Code 18-113. (C)Infraction: Any person committing an infraction shall be subject to penalties prescribed for such violations under section 1-4-2 of this code, subject to the provisions of Idaho Code 18-113A. Title 5, Chapter 1, Prosecution and Punishment of Crimes, Section 9, Penalty, of the City Code of Ammon, shall be amended to read as follows: Any person violating any of the provisions of City Code of the City of Ammon, shall be guilty of an infraction or misdemeanor and, upon conviction thereof, shall be subject to the penalties as provided for in section 1-4-1 or 1- 4-2 of thiscode and as provided for in this Code, subject to the provisions of Idaho Code. Title 5, Chapter 2,General Police Regulations, of the City Code of Ammon, shall be repealed and readopted toread as follows: 5-2-1:ADMISSION FEES, FRAUDULENTLY AVOIDPAYMENT OF: It shall be unlawful for any person fraudulently to enter, without payment of the proper admission fee, any theater, ballroom, lecture, concert, or other place where admission fees are charged; provided, however, that nothing herein contained shall be deemed to prohibit or restrict fee admission of police officers engaged in the performance of police duties to any place of public entertainment or amusement. Any violation of the provisions of this section shall be deemed an infraction, subjectto section 1-4-2 of the Ammon City Code. 5-2-2:ABANDONED REFRIGERATORS: Any person who abandons or permits to remain in an abandoned state, on any premises owned or over which he or she has control, any ice box, refrigerator, deep freeze, or any appliance or air tight container which fastens automatically and which cannot be opened from the inside without having first removed the lock or hinges from the door thereof, is guilty of an infraction. 5-2-3:REPEALED Ordinance #607T5 C1 C2 C3 C5 C6 C7 C8 C10 C11 C12Page 1of 18 19 of 76 20 5-2-4:BARB WIRE AND ELECTRIC FENCES: (A)It shall be unlawful for any person to erect or maintain any electric fence within the City. (B)It shall be unlawful for any person to erect or maintain a fence made in whole or in part of barbed wire at a height less than eight (8) feet or in any zone other than the I&M Industrial zone. Any violation of the provisions of this section shall be deemed an infraction, subject to section 1-4-2 of the Ammon City Code. 5-2-5:REPEALED 5-2-6:REPEALED 5-2-7:REPEALED 5-2-8:DISTURBING THE PEACE: (A) Every person who maliciously and willfully disturbs the peace or quiet of any neighborhood, family or person, by loud or unusual noise, or by tumultuous or offensive conduct, or by threatening, traducing, quarreling, challenging to fight or fighting,or fires any gun or pistol, or uses any vulgar, profane or indecent language within the presence or hearing of children, in a loud and boisterous manner, is guilty of a misdemeanor, pursuant to Idaho Code 18-6409. (B)Every person who maliciously and willfully disturbs the dignity or reverential nature of any funeral, memorial service, funeral procession, burial ceremony or viewing of a deceased person, is guilty of a misdemeanor, pursuant to Idaho Code 18-6409. 5-2-9:DRUNKENNESS: It shall be unlawful for any person to be found drunk, intoxicated, or under the influence of intoxicating liquor upon any public thoroughfare or other public place. Any violation of the provisions of this section shall be deemed an infraction, subject to section 1-4-2of the Ammon City Code. 5-2-10:EXPECTORATING ON SIDEWALK OR IN PUBLIC BUILDINGS: It shall be unlawful for any person to expectorate or spit upon any sidewalk or upon the floor of any public building or room used for public assemblies. Any violation of the provisions of this section shall be deemed an infraction, subject to section 1-4-2 of the Ammon City Code. 5-2-11:FIRE REGULATIONS, CROSSING HOSE, AND FALSE ALARMS: (A)CROSSING HOSE: It shall be unlawful for any person to drive, lead, haul, or propel any vehicle or automobile on or across any fire hose belonging to the Fire Department. (B)FALSE ALARMS: It shall be unlawful for any person knowingly and willfully to give a false alarm to the fire department of a fire in the City or to give a false alarm of any fire in any building for the purpose of falsely alarming the people therein or to willfully tamper with, injure, destroy, or unnecessarily interfere with a normal operation of the municipal fire alarm system of the City or any part thereof. (C)NEGLIGENT FALSE FIRE ALARMS/FAILURE TO ADDRESS REPORTED FIRE CAUSES: 1.A fire alarm system which gives a fire alarm due to malfunction, defectiveness or carelessness, or during repair thereof without notification, but without the willful or knowing intent to give a fire alarm, shall be deemed to be a negligent false fire alarm and a violation thereof shall be deemed an infraction subject to penalty as provided in Section 1-4-2 of the Ammon City Ordinances. 2.Each negligent false fire alarm as to the same location of more than one such incident during any twelve (12) month period shall be deemed a negligent false fire alarm and a violation thereof shall be deemed an infraction subject to penalty as provided in Section 1-4-2 of the Ammon City Ordinances. 3.In addition to the penalties for the violation of a false fire alarm or a negligent false fire alarm, civil damages may be recovered from the person or persons so responsible in an amount necessary to compensate the fire department of the City of Ammon for costs incurred, losses sustained, or other damages suffered in receiving, acting upon or responding to the false or negligent false alarm. 4.After written notification from the Fire Department of cause or potential threat of a fire, future fire calls pertaining tothe written notification shall be deemed, failure to address reported fire causes. Each failure to address at the same location of more than one such incident during any twelve (12) month period shall be deemed a violation of this section and shall be deemed an infraction subject to penalty as provided in Section 1-4-2 of the Ammon City Ordinances. Ordinance #607T5 C1 C2 C3 C5 C6 C7 C8 C10 C11 C12Page 2of 18 20 of 76 21 (D)FAILURE TO REPORT A FIRE: All persons shall have the affirmative duty to report a fire that occurs in a commercial structure or any detached accessory structure of said building. Any person in violation of this sub-section hall be guilty of a misdemeanor. (E)OPEN BURNING WITHOUT A BURN PERMIT: No person shall openly burn or cause open burning to occur without first obtaining a burn permit from the City of Ammon. Any violation of this section shall be deemed an infraction and subject to section 1-4-2 of the Ammon City Code. 5-2-12:FALSE FIRE ALARMS: Any person who knowingly and willfully gives a false fire alarm in any manner whether by telephone, use of a mechanical or electronic fire alarm, or otherwise, shall be guilty of a misdemeanor, subject to section 1-4-1 of the Ammon City Code. 5-2-13:TAMPERING WITH FIRE ALARM: Any person who willfully damages, tampers with, or otherwise alters any fire alarm for the purpose of preventing the normal operation thereof, shall be guilty of a misdemeanor, subject to section 1-4-1 of the Ammon City Code. (A)SILENCING FIRE ALARMS PROHIBITED: No person shall silence or cause to be silenced any fire alarm activationthat occurs within a commercial structure without receiving prior written notice from the Chief of the Fire Department or Chief of Fire Prevention. The written notice shall be provided to the requesting fire department member upon demand. Any person in violation of this ordinance shall be guilty of a misdemeanor. (B)Section 901.8 of the International Fire Code; Removal of or tampering with equipment states. It shall be unlawful for any person to remove, tamper with or otherwise disturb any fire hydrant, fire detection and alarm system, fire suppression system, or other fire appliance required by this code except for the purpose of extinguishing fire, training purposes, recharging or making necessary repairs, or when approved by the fire code official. Anyviolation of this section shall be deemed a misdemeanor. (C)Section 901.8.1 of the International Fire Code; Removal of or tampering with appurtenances states: Locks, gates, doors, barricades, chains, enclosures, signs, tags or seal which have been installedby or at the direction of the fire code official shall not be removed, unlocked, destroyed, tampered with or otherwise vandalized in any manner. Any violation of this section shall be deemed a misdemeanor. 5-2-14:FIRE HYDRANTS: No person shall obstruct the approach to a fire hydrant, or place or allow to be placed, any obstructions within a distance of three feet (3') from a fire hydrant. Any violation of this section shall be deemed an infraction and subject to section 1-4-2 of the Ammon City Code. 5-2-15:DAMAGING FIRE HYDRANTS: (A)No person shall willfully or carelessly drive or run any vehicle against any fire hydrant. (B)Park any vehicle within fifteen feet (15') of any fire hydrant. (C)Any person who shall injure or damage any fire hydrant by accident or by carelessness or otherwise shall immediately report such injury or damage to the Water Department, and such person so injuring or damaging said hydrant shall be liable for any damage caused thereby. Any violation of the provisions of subsection (A) of this section shall be deemed a misdemeanor, subject to section 1-4-1 of the Ammon City Code. Any violation of the provisions of this section shall be deemed an infraction, subject to section 1-4-2 of the Ammon City Code. 5-2-16:UNLAWFUL USE OF FIRE HYDRANTS: No person shall draw or attempt to draw water from any fire hydrant unless he or she is an employee of the Police Division, Fire and Public Safety Division, Public Works Division, or has applied for and received a permit from the City pursuant to City Code 8-3-40. Failure to provide said permit as requested and use safety equipment as required shall be deemed an infraction and subject to section 1-4-2 of the Ammon City Code. 5-2-17:REPEALED 5-2-18:REPEALED 5-2-19:REPEALED 5-2-20:LOUD SPEAKERS OR SOUND TRUCKS: It shall be unlawful to play, operate, or use any device known as a sound truck, loud speaker, or sound amplifier, radio, or phonograph, with loudspeaker or sound amplifier or any instrument of any kind or character which emits loud and raucous noises and is attached to and upon any vehicle unless such person in charge of such vehicle shall have first applied to and received permission from the City Clerk to operate any such vehicle so equipped. Any violation of the provisions of this section shall be deemed an infraction, subject to section 1-4-2 of the Ammon City Code. 5-2-21:REPEALED Ordinance #607T5 C1 C2 C3 C5 C6 C7 C8 C10 C11 C12Page 3of 18 21 of 76 22 5-2-22:MUFFLERS; UNNECESSARY NOISE: It shall be unlawful for any person to operate a motor vehicle which shall not at all times be equipped with a muffler upon the exhaust thereof in good working order and in constant operation to prevent excessive or unusual noise, and it shall be unlawful for any person operating any motor vehicle to use a cutout, by-pass, or similar muffler elimination appliance. Any violation of the provisions of this section shall be deemed an infraction, subject to section 1-4-2 of the Ammon City Code. 5-2-23:ENGINE COMPRESSION BRAKES PROHIBITED:No person shall, while any similar braking system which emits a clearly audible noise when measured at a distance of fifty (50) feet directly from the source. Engine Compression Brakes are defined as a braking system which uses compressed air from a infraction, subject to section 1-4-2 of the Ammon City Code. 5-2-24:PUBLIC DISTURBANCE PROHIBITED: offensive noiseby means of voice, musical instrument, horn, radio, loudspeaker, automobile, machinery, 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 plainly audible within any place of residence or business other than the source of the sound or upon a public right of way or street at a Any noise in excess of 75 Dba shall be deemed in violation of this chapter. The following sounds are exempted from the provisions of this section: (A)Sounds caused by any emergency vehicle or personnel when responding to an emergency call or acting in time of emergency. (B)Sounds caused by activities upon any municipal, school, religious, or publicly owned property provided that such activities have beenauthorized by the owner of such property or facility or its agent. (C)Sounds caused by locomotives or other railroad equipment. (D)Sounds caused by burglar alarms that are not in violation of this code. (E)Sounds caused by safety warning devices required by law. Any violation of the provisions of this section shall be deemed an infraction, subject to section 1-4-2 of the Ammon City Code. 5-2-25:NUISANCES DEFINED: Anything which is injurious to the health or morals, or indecent or offensive to the senseor an obstruction to the free use of property so as to interfere with the comfortable enjoyment of life or property is declared a nuisance and as such shall be abated. Any action found to be a violation of this chapter or other chapters of the City Code and determined by the Enforcement Officer or other Law Enforcement Agent to be a nuisance shall be deemed an infraction, subject to section 1-4-2 of the Ammon City Code. 5-2-26:OBSCENE CONDUCT: It shall be unlawful for any person to urinate or stool in any place open to the public view, or to be guilty of any lewd, lascivious, or obscene conduct or to sing any lewd or obscene song, ballad, or other words in any public place or any other place where other persons are present or indecently to exhibit anyanimal. Any violation of the provisions of this section shall be deemed an infraction, subject to section 1-4-2 of the Ammon City Code. 5-2-27:OBSCENE LITERATURE, DISTRIBUTION OF: It shall be unlawful for any person to exhibit, pass, give, or deliver to another any obscene, lewd, or indecent book, pamphlet, picture, card, print, paper, writing, mold, case, or figure. Any violation of the provisions of this section shall be deemed an infraction, subject to section 1-4-2 of the Ammon City Code. 5-2-28:OFFENSE, AID TO AN: It shall be unlawful for any person, in any way or manner, to aid, abet, counsel, advise, or encourage any other person in the commission of any of the acts mentioned herein or in any manner encourage the commission or such offensehereby defined. Any violation of the provisions of this section shall be deemed an infraction, subject to section 1-4-2 of the Ammon City Code. 5-2-29:REPEALED 5-2-30:ILLEGAL USE OF CITY RIGHT OF WAY: No person shall use a dedicated right of way of the City for any use not authorized as part of a subdivision improvement or approved in writing by the City Engineer. Any violation of the provisions of this section shall be deemed an infraction, subject to section 1-4-2 of the Ammon City Code. 5-2-31:REVERSE FRONTAGE LOT ACCESS PROHIBITED: Access from the rear or side yard of any reverse frontage lot as defined in Title 10 of the City Code to any designated collector or arterial roadway is prohibited. Access via a double frontage lot from a collector may be allowed with written authorization of the City Engineer. Any violation of the provisions of this section shall be deemed an infraction, subject to section 1-4-2 of the Ammon City Code. 5-2-32:REPEALED Ordinance #607T5 C1 C2 C3 C5 C6 C7 C8 C10 C11 C12Page 4of 18 22 of 76 23 5-2-33:VAGRANCY: (A)UNLAWFUL TO LOITER OR WANDER ABOUT STREETS: It shall be unlawful for any person or persons, whetheras a pedestrian or as an occupant of a vehicle, to wander about the streets or public ways of the City in such a way as to arouse in others a reasonable suspicion of criminal behavior or intentions, or for any person to persons, whether as a pedestrian oras an occupant of a vehicle, to wander about the streets or other public ways of the City at late or unusual hours in the night without any visible or lawful business and without satisfactory explanation for such activity. (B)LOITERING IN VICINITY OF CHILDREN: It shall be unlawful for any person or persons without lawful business or other explainable purposes to loiter about any school, playground, swimming pool, recreational center, or other place of assemblage of children within the City. (C)PERSONS WITHOUT VISIBLE MEANS OF SUPPORT: It shall be unlawful for any person or persons without visible means of support and the physical ability to work not to seek out employment or labor or refuse to work when employment is offered; or for any person to beg or seek alms as a means of his subsistence; or to lodge in any other place than is kept for lodging purposes without permission of the other person in possession thereof; or for any person to consort habitually with known drunkards or with users of narcotic drugs. (D)UNLAWFUL TO ASSEMBLE A CONGREGATION FOR THE PURPOSE OF INCITING RIOTS OR CIVIL DISOBEDIENCE: It shall be unlawful for any person or persons to assemble a congregation for the purposes of inciting any other person or persons to riot, to civil disobedience, or to disrupt the orderly processes of government. (E)VIOLATION AND PENALTY: Any violation of the provisions of this section shall be deemed an infraction and shall be subject to penalties prescribed for such violations under section 1-4-2 of this code. 5-2-34:WATER FLOWING UPON STREET: It shall be unlawful for any unauthorized person to allow any water to flow into or upon a thoroughfare except in the gutter or drainage outlet that is located on or near the side of said thoroughfare. Any violation of the provisions of this section shall be deemed an infraction, subject to section 1-4-2 of the Ammon City Code. 5-2-35:TRESPASS: It shall be unlawful for any person to take down any fence, or to let down any bars, or to open any gate in or on the property of another, without the consent of the owner, occupant, or person in charge thereof. It shall be unlawful for any person to enter upon the real property of another person without permission of the owner or the owner's agent, where the owner has given notice of no trespassing. Further, it shall be unlawful for any defacing, taking, removing, or carrying away from any such land, or depositing any other substance upon such land without the permission of the owner or the owner's agent. Any violation of this section shall be deemed an infraction subject to penalty as provided in Section 1-4-2 of the Ammon City Ordinances. 5-2-36:DAMAGING TELEVISION COMMUNITY ANTENNA SYSTEM: Whoever, without the consent of the owner thereof, willfully destroys,damages, or in any way injures any television community antenna system within the City, such system also known as a CATV system, and as a Cable TV system, or its poles, cables, wires, fixtures, antennas, amplifiers, or other apparatus, equipment, or appliances, or who willfully obstructs, impedes, or impairs the service of any such system therein, or any of its lines, or the transmission of television signals there over; or whoever, without such consent, attaches within the City any device or equipment to such system, or any line, antenna, pole, cable, wire, fixture, amplifier, or other apparatus, instrument, equipment, or appliance thereof; or who taps or connects, directly or indirectly, by wire or any other means whatsoever, to or with any Cable TV system line so as to hear, or see, or be in a position to hear or see, for any use or purpose whatsoever, any signal going over said Cable TV system line, or who makes said tapping or connection for the purpose of receiving or enabling any other person to receive any service over said line or lines; or whoever uses or attempts to use, in any manner or for any purpose, any information so obtained, or communicates the same in any way or for any purpose or attempts to so communicate the same, or whoever aids, agrees, with, employs, or conspires with any person to do or cause to be done any of the acts hereinbefore set forth; shall be guilty of an infraction and upon conviction shall be subject to a penalty as set by Ammon Code 1-4-2. In all prosecutions of this Ordinance, proof that any of the acts herein forbidden were done on or about the premises owned or occupied by the defendant charged with the commission of such offense, or that the defendant unlawfully received the benefit of the transmission of television signals from any television community antenna system or Cable TV system on account of the commission of such acts, shall be prima facie evidence of the guilt of the defendant. 5-2-37:JUVENILE CURFEW: (A)Any parent or guardian of a child/juvenile who knowingly permits or by culpable indifference PURPOSE: The purposes of this Ordinance are: 1.To regulate and prohibit children from remaining in public places during curfew hours of the day; 2.To protect children from each other and other adult perpetrators of crimes; 3.To reduce nocturnal juvenile crime and juvenile delinquency; 4.To promote family responsibility and parental control over their children; and 5.To protect and promote the public health, peace, safety, welfare and tranquility of the inhabitants of the City of Ammon, Bonneville County, Idaho.. Ordinance #607T5 C1 C2 C3 C5 C6 C7 C8 C10 C11 C12Page 5of 18 23 of 76 24 Each violation of this Ordinance shall constitute a separate offense. (B)DEFINITIONS: Certain words and phrases used in this Ordinance are defined as follows: "Curfew Hours" shall mean the hours between 1:00 a.m.and 5:00 a.m., every day of the week. "Emergency" is the unforeseen combination of circumstances or the resulting state that calls for immediate action to prevent, control, or minimize serious bodily injury, death, or significant loss of property. "Employment activity" shall mean the performance of any responsibilities of duties expressly or impliedly required as a condition of employment of a minor. "Establishment" shall mean any privately owned place of business operated for a profit to which the public is invited, including, but not limited to, any place of amusement or entertainment. "Guardian" is: 1.a person who, under court order, is the guardian of the person of a minor; 2.a public or private agency with whom a minor has been placed by order of a court; or 3.a person to whom a parent or guardian has delegated any of his or her powers with respect to a minor pursuant to Section 15-5-104 of the Idaho Code. "Child/juvenile" shall mean any unemancipated person, male or female, under the age of eighteen (18) years. "Emancipated" shall mean any person either eighteen (18) years or age or older, or if under the age of eighteen (18), any person who is married or has been married; or any person who is in active military service; or any person who is both self-supporting and neither resides with nor is subject to parental control. "Operator" shall mean any individual, firm, association, partnership, or corporation operating, managing, or conducting any establishment. The term includes the members or partnersof an association or partnership and the officers of a corporation which owns or operates an establishment. "Parent" shall mean any person who is a natural parent, adopted parent, or step-parent, whether the mother, father, step-mother, step-father, or both, being referred to in the singular as "parent", guardian, or any other person having the legal care, custody, or control of a child/juvenile. "Public place" shall mean any place to which the general public has access including, but not limited to, streets, highways, alleys, sidewalks, and the common areas of schools, hospitals, apartment houses, office buildings, transportation facilities, shopping malls, public parking lots, and commercial businesses. "Remain" shall mean to linger or stay or to fail to leave premises when requested to do so by a police officer or the owner, operator or other person in control of an establishment. (C)CHILD/JUVENILE CURFEW: It shall be unlawful for any child/juvenile to be, or remain, in or upon any street, alley, publicground, public place, or any place open to the public, place of amusement or entertainment, vacant lot, or other unsupervised place, playgrounds, parks, highways, road, public streets, or exposed to public use in the City of Ammon, County of Bonneville, during curfew hours. It shall be unlawful for any parent, guardian, or other person having the care and custody of any child/juvenile to allow the child/juvenile to be or remain in or upon any street, alley, public ground, public place, or any place open tothe public, place of amusement or entertainment, vacant lot, or other unsupervised place, playgrounds, parks, highways, road, public streets, or exposed to public use within the City of Ammon, County of Bonneville, during the curfew hours. Violation of this section shall be deemed an infraction, pursuant to Ammon Code 1-4-2. (D)PARENTAL VIOLATION OF CURFEW HOURS: Allows any child/juvenile to loiter, idle, wander, stroll, or play in or upon any street, alley, public ground, public place or any place open tothe public, place of amusement or entertainment, vacant lot, or other unsupervised place, playgrounds, parks, highways, road, public streets, or exposed to public use in the City of Ammon, County of Bonneville, during curfew hours shall be guilty of an infraction; provided, however, that the provisions of this Ordinance do not apply when a child/juvenile is accompanied by his or her parent, guardian, or other adult person having the care and custody of the child/juvenile, or where the child/juvenile is upon an emergency errand or legitimate business directed by his or her parent, guardian, or other adult person having care and custody of the child/juvenile. Each violation of the provisions of this section shall constitute a separate offense. (E)VIOLATION OFCURFEW HOURS BY BUSINESS ESTABLISHMENT:Any owner or operator of or any employee or other person in control of an establishment is guilty of a violation of this section if he or she knowingly or willingly allows a child/juvenile to be upon the premises of the establishment during the curfew hours. Any violation of the provisions of this section shall be deemed an infraction, subject to section 1-4-2 of the Ammon City Code. Ordinance #607T5 C1 C2 C3 C5 C6 C7 C8 C10 C11 C12Page 6of 18 24 of 76 25 (F)JURISDICTION: The violation of this Ordinance by a child/juvenile shall be enforced by the Idaho Juvenile Corrections Act (Idaho Code 20-549), and the Juvenile Courts of the State of Idaho shall have exclusive and original jurisdiction as provided for by the Idaho Juvenile Corrections Act. 1.Citations to children/juveniles may be issued by any law enforcement officer of the State of Idaho, County, City, or any other law enforcement official which said citation should be issued in the form of a police report or juvenile violation report. However, failure to cite on either a police report or juvenile violation report shall not make such citation defective. 2.Any parent, guardian, or other adult person having care and custody of a child/juvenile violating this Ordinance shall be subject to jurisdiction in the District Court of the State of Idaho. (G)AUTHORITY TO STOP AND DETAIN: Any law enforcement officer shall have the authority to stop and temporarily detain a child/juvenile, or one who appears to be a child/juvenile as herein defined, during the hours of curfew to obtain the child/juvenil officer has reasonable suspicion that the child/juvenile and/or his or her parents are in violation of this Ordinance. Upon determining that the child/juvenile and/or his or her parents are in violation herein, the officer shall direct or deliver him or her to the residence of his or her parents; in addition, the officer may use warnings, violations, petitions, and citations as appear under this Ordinance. Warnings issued shall clearly state the possible penalties which may be imposed for subsequent violations. (H)ENCOURAGING DELINQUENCY: Any person who by any act or neglect encourages, aids, or causes a child/juvenile to come within the purview of the Idaho Juvenile Corrections Act, or who after notice that suspended or revoked knowingly permits or suspended or revoked, shall be guilty of an infraction pursuant to Ammon Code 1-4-2. (I)DEFENSES: It is a defense to prosecution under this Ordinance if the offending child/juvenile does prove and establish any of the following, the burden of proof for establishing the defense being upon the child/juvenile: 1.Accompanied by the child/juvenile's parent or guardian; 2.On an errand at the express direction of the child/juvenile's parent or guardian, without any detour or stop; 3.In a motor vehicle involved in interstate travel; 4.Engaged in employment activity, going to an employment activity, or returning to the child/juvenile's place of residence, without any detour or stop; 5.Involved in an emergency; 6.Within the yard or upon the sidewalk abutting the child/juvenile's residence or abutting the residence of another adult with whom the parent or guardian of such child/juvenile has expressly placed temporary custody of the child/juvenile; 7.Attending an officially-sponsored school, religious, or other recreational, cultural, or educational activity supervised by adults and sponsored by a public entity or a religious, charitable, civil, or other similar organization organized by adults, or going to or returning home from such activities, without any detour or stop; 8.Exercising First Amendment Rights protected by the United States Constitution or rights protected by Article I Section 9 of the Constitution of the State of Idaho; 9.Is married or has had the disabilities of minority removed in the manner provided by law. It is a defense to the prosecution of this Ordinance that the owner, operator, or employee of an establishment asks the child/juvenile to leave the premises and promptly notifies the law enforcement officials that a child/juvenile is present on the premises of the establishment during curfew hours and refuses to leave. 5-2-38:INJURY TO PROPERTY: (A)It shall be unlawful for any person willfully and maliciously to injure, deface, mutilate, remove, pull down, break, or in any manner interfere with or molest or secrete or destroy or deface any real or personal property, either public or private, within the City. (B)No person shall place or put, by any means, any drawing, writing, inscription, figure, symbol, or mark of any type on any surface or any public or private property without the permission of the owner of the premises on which the surface is located or on any natural surface such as rocks, tress, or any other surfaces. This conduct shall be deemed malicious destruction of property. Ordinance #607T5 C1 C2 C3 C5 C6 C7 C8 C10 C11 C12Page 7of 18 25 of 76 26 Any violation of this section shall be deemed a misdemeanor, subject to section 1-4-1 of the Ammon City Code. 5-2-39:PENALTY: (A)Any violation of the provisions of this chapter deemed a misdemeanor shall be subject to penalties prescribed for such violations under section 1-4-1 of this code. Any violation of the provisions of this chapter deemed an infraction shall be subject to penalties prescribed for such violations under section 1-4-2 of this code. Any section of this chapter with no violation prescribed shall be deemed an infraction. (B)Any child/juvenile who violates any provision of this Ordinance shall be punishable by any means provided for under the Idaho Juvenile Corrections Act (Idaho Code 20-549). Title 5, Chapter 3,Animals, of the City Code of Ammon, shall be repealed and readopted toread as follows: 5-3-1:CRUEL TREATMENT: Any person who drives, leads, carries, or causes to be carried in or upon any vehicle any domestic animal in a cruel or inhuman manner or knowingly and willfully authorizes or permits it to be subjected to unnecessary torture, suffering,or cruelty of any kind. (Idaho Code 25-3504 shall, upon conviction, be punished in accordance with Idaho Code 25-3520A). 5-3-2:ANIMAL FIGHTS: (A)Every person who knowingly owns, possesses, keeps, trains, buys or sells dogs for the purpose of a public or private display of combat between two (2) or more dogs in which the fighting, killing, maiming or injuring of dogs is a significant feature is guilty of a felony. (Idaho Code 25-3507-1) (B)Every person who knowingly advertises, promotes, organizes, participates or knowingly has a monetary interest in a public or private display of combat between two (2) or more dogs in which the fighting, killing, maiming or injuring of dogs is a significant feature is guilty of a felony. (Idaho Code 25-3507-2) (C)Every person who is knowing present as a spectator at any place where preparations are being made for an exhibition of the fighting of dogs with the intent to be present at such preparations or to be knowingly present at such exhibition shall be guilty of a misdemeanor (Idaho Code 25-3507-3). (D)Every person who participates in a public or private display of combat between two (2) or more gamecocks in which the fighting, killing, maiming or injuring of gamecocks is a significant feature is guilty of a misdemeanor (25-3506 Idaho Code). (E)Every person who knowingly owns, possesses, keeps, trains, buys or sells or participates in a public or private display of combat between two (2) or more of any animal or bird not previously mentioned in this section, is guilty of amisdemeanor. 5-3-3:CRUEL IMPOUNDMENT OF ANIMALS: (A)Any person who confines, or causes to be confined, any domestic animal: 1.Without supplying the animal with a sufficient quantity of good and wholesome food or water (Idaho Code 25-3511) shall, upon conviction, be punished in accordance with section Idaho Code 25-3520A and is guilty of a misdemeanor. 2.Without adequate ventilation or living space, (Idaho Code 25-3511) shall, upon conviction, be punished in accordance with section Idaho Code 25-3520A and is guilty of a misdemeanor or 3.In any manner which subjects the animal to extreme temperatures; when such confinement is dangero-3511) shall, upon conviction, be punished in accordance with section Idaho Code 25-3520A and is guilty of a misdemeanor. (B)If any domestic animal is so confined for more than twelve (12) hours, the designated Animal Control Officer, upon observing the violation or by signed complaint by any individual documenting the violation, may enter upon any place where such animal is confined, and supply it with necessary food and water. 5-3-4:FAILURE TO PROVIDE MINIMUM/ADEQUATE CARE: Every owner or person having the custody or control of any domestic animal who shall fail to provide proper care and attention to such animal, (Idaho Code 25-3511) shall, upon conviction, be punished in accordancewith section 25-3520A Idaho Code and is guilty of a misdemeanor. Nothing herein shall prevent the humane disposal of any sick, disabled, infirm, crippled or abandoned animal. 5-3-5:BEATING: Every person who cruelly whips, beats, starves or otherwise ill-treats any animal in his care or charge, whether belonging to him or any other person, is guilty of a misdemeanor (Idaho Code 25-3504) shall, upon conviction, be punished in accordance with section 25-3520A Idaho Code and is guilty of a misdemeanor. Ordinance #607T5 C1 C2 C3 C5 C6 C7 C8 C10 C11 C12Page 8of 18 26 of 76 27 5-3-6:HERDING ANIMALS: Any person who herds or drives any fowl, cattle, swine, goats, sheep, horses, mules, or other animal upon any street, alley, or public way shall be guilty of an infraction. Nothing herein shall prevent the riding of any horse or mule, orthe driving of a horse, mule, ox, or cow hitched to a carriage or conveyance, for the purpose of any public parade or exhibition. 5-3-7:KEEPING OF CERTAIN ANIMALS PROHIBITED: Except as provided and allowed in an RE or Animal Overlay (AO) zone or byprior established non-conforming use, any person who keeps or maintains any horse, mule, ox, cow, swine, goat, sheep, fowl, bison, llama, or other domestic animal of a related nature or any person who keeps any feral, poisonous, dangerous, or fetid animalwithin the City is guilty of an infraction. Nothing herein shall prohibit the keeping or maintenance of any domestic dog, cat, bird, or fish, or any such household pet which shall not present a danger, menace, or nuisance to other residents. Nothing herein shall prohibit the keeping or maintenance of such described animals within any public zoo, circus, exhibition, pet show, pet store, veterinarian clinic, auctioneering business, or in any duly licensed business dealing in livestock, provided the operators thereof shall have first obtained a license under the provisions of this Code and being subject always to the provisions of all laws relating to nuisances. 5-3-8:KEEPING OR MAINTAINING ANIMALS: It shall be unlawful to keep and maintain swine within the City limits, other than as provided in Section 5-3-7 hereinabove. It shall be unlawful to keep, maintain, stable, or pasture any horse, mule, ox, cow, swine, goat, sheep, fowl, bison, llama, or other domestic or feral animal of related nature except as provided in the RE or Animal Overlay (AO) zones and under the following conditions which shall apply therein, or by prior established, non-conforming use. Any person violating the provisions of this section shall be deemed guilty of an infraction. (A)Thatthe livestock or fowl may be maintained for pasturing upon any lot or area which shall be adequately and securely fenced or otherwise enclosed to prevent any such animal or fowl from becoming loose or straying or in reaching over or through such fence or enclosure under all normal and reasonable conditions; providing further, that upon any lot on which there is a dwelling house located, such area in which animals, livestock, or fowl are maintained and pastured must not be on that portion of said lot and area which is a yard or lawn appurtenant to the dwelling, and in an Animal Overlay (AO) Zone must not be in any area to the side or front of such dwelling; and provided further, that upon any unimproved lot, the whole thereof may be pastured but the same shall be adequately and securely fenced as above stated. (B)That in pasturing of such areas as provided in the preceding and next subsections, no more than the number of livestock that can be pastured with the amount of pasturage then available upon such area, under the conditions and circumstances of such area and lot then existing, with only normal and reasonable supplemental feeding, may be kept or maintained upon such area at any one time. (C)That no livestock or fowl shall be kept and maintained where the normal pasturage grown shall not maintain the same and where feeding is necessary except when the portion of the lot, area, or parcel where pasturage is permitted by the zone wherein it is contained consists of: For lots, area, or parcels in the Animal Overlay (AO) Zone: no less than seven thousand (7000) square feet of area per one (1) one animal or 25 fowl. For lots in the RE Zone: No less than one half (½) acre (twenty-one thousand, seven hundred eighty \[21,780\] square feet) of area per one (1) animal. No more than fifty (50) total fowl or small animals. Provide further, that in an Animal Overlay (AO) Zone such pasturing and feeding and maintaining and keeping of said animals shall be done only on the rear one-half of said lot and that any feeding area,resting, or loafing area or shed, barn, or stable shall be no closer than 100 feet from any dwelling home or residence, other than the dwelling home or residence of the owner or such animals or livestock. (D)No person or persons keeping, maintaining, stabling, or pasturing animals or fowl herein provided shall allow any accumulation of manure or refuse to the extent that the same constitutes a nuisance or hazard in such area and any such area shall at all times be maintained and kept by such person or persons in a clean and neat manner so as not to be objectionable to, nor to constitute a nuisance to, the inhabitants and residents of the City; to cause no undue odors or hazards, and to be kept and maintained in a manner to conform to all applicable health andsanitary laws, rules, and regulations of the State of Idaho, County of Bonneville, and City of Ammon now existing or hereafter enacted. (E)Nothing within the contents of this chapter shall prohibit the keeping or maintenance of domestic hens as allowed below: 1.The keeping of domestic hens is hereby permitted within the following residential zones within the City subject to the provisions of this section: R1, R1A, RP, RPA, R2 (the R2 zone is limited to those properties developed as townhomes and shall not pertainto properties built and/or developed as apartments as defined in Title 10, Chapter 2 (10-2-1) Ordinance #607T5 C1 C2 C3 C5 C6 C7 C8 C10 C11 C12Page 9of 18 27 of 76 28 of the City Code). The keeping of such hens is allowed only when the primary use is for the production of eggs. 2.Domestic hens shall be allowed on any single family residentially zoned lot, meeting the terms of this chapter and with the following restrictions: i.On any lot with a detached home a maximum of six (6) domestic hens shall be allowed. ii.On any lot with an attached home a maximum of three (3) domestichens shall be allowed. 3.All buildings, shelters or enclosures used for the purpose of housing or sheltering domestic hens shall be located no less than twenty feet (20') from the primary residence located upon the lot or parcel for such uses and no less t primary residence located upon an adjacent lot to the parcel for such uses. 4.The side yard requirements of any building, shelter or enclosure used for domestic hens shall meet the minimum side yard requirement of the zone and/or lot in which the structure or fence is located. The side yard requirement shall be as defined in Title 10, Chapter 2 (10-2-1) of the City Code. For lots containing townhomes with zero lot line divisions, the side yard required shall be the minimum distance allowed for the side yard not considered to be a zero lot line. 5.All buildings, shelters or enclosures used for the purpose of housing or sheltering domestic hens shall be located in the rear yard of the property as defined in Title 10, Chapter 2 (10-2-1) of the City Code. 6.Domestic hens shall at all times be kept within a secure enclosure having a total area of not less than six (6) square feet per domestic hen. Domestic hens shall not be kept within any building or structure designed for human occupancy. i.In addition to the above requirement, there shall also be a coop provided for nesting. This area shall be a minimum of two (2) square feet per domestic hen. The coop area may be elevated within the required enclosure area or included as an attachment to the enclosure. If elevated there must be a minimum of eighteen (18) inches between the bottom of the nesting area and the ground within the enclosure. 7.The area within which domestic hens are kept shall be cleaned and maintained in a manner that does not unreasonably attract flies, emit foul or objectionable odors or create a public health hazard nor shall the keeping of domestic hens disturb the peace of the adjoining properties or otherwise constitute a nuisance. Any building, structure or coop used for housing domestic hens shall provide adequate ventilation to prevent excessive odors or create a public health hazard. 8.Hens shall have access to feed and unfrozen water at all times. 9.All domestic hens found running at large are declared to be a nuisance, and it shall be the duty of the Animal Control Officer to confiscate the same. Domestic hens picked up by the Animal Control Officer shall be confined at the animal control shelter for twenty-four (24) hours; after such time the Animal Control Officer may release said hen(s) to any person(s) who can show the ability to provide the immediate care and shelter required for said hen(s) or at the discretion of the Animal Control Officer dispose of said hen(s). 10.Nothing in section 5-3-8-(E)shall disallow any animal overlay or zoning that may allow for additional domestic hens as provided in another portion of section (5-3-8). 11.Under no circumstances shall the allowances within this chapter be perceived to allow any rooster within the City. 12.An animal control officer shall be authorized to inspect any property where hens are kept upon receipt of any complaint or observation that the requirements of this section have not been met. 5-3-9:NON-CONFORMING USES: Any prior established non-conforming use for the keeping and maintenance of animals may be continued within the scope of the prior use but subject to all provisions relative to the maintenance and keeping of said animals without creating a nuisance. Any non-conforming use which becomes abandoned or is discontinued for a continuous period of one (1) year shall not thereafter be entitled to further use for the maintenance and keeping of animals but will be subject to all other provisions of this Code relative thereto. Any person violatingthe provisions of this section shall be deemed guilty of an infraction. 5-3-10:KEEPING AND MAINTAINING ANIMALS CONSTITUTING A NUISANCE: No provision of this Code shall allow any person or persons within the City to maintain and keep animals in a manner which shall constitute a nuisance. Any act which shall constitute a nuisance shall subject the violator thereof to the provisions of this Code and the laws of the State of Idaho for a violation thereof or for an abatement, but nothing shall be herein construed to limit the right of any citizen or any person to bring an action for any civil damages alleged to be maintained. Ordinance #607T5 C1 C2 C3 C5 C6 C7 C8 C10 C11 C12Page 10of 18 28 of 76 29 5-3-11:KEEPING OF BEEHIVES: (A)Purpose. Thepurpose ofthisSection is to protectthepublichealthand safetybyestablishingterms andconditions underwhich domestichoneybeesand beehives maybekept within the City. (B)Definitions. For thepurposes of this Chapter,certain terms shallhavethe meaningsascribed below: Apiary.Anyplacewhereoneor morecolonies ofhoneybeesarelocated. Beekeeper.A person who owns orhas chargeofone(1)or morecoloniesofhoneybees. Colony. Honeybees in ahive includingqueens, workers, and drones. Hive.Aframe hive,commonlyreferred to as aLangstroth Hive, or a Top Bar hive, whichhas removableframes. Honeybee. Thecommon domestichoneybee.Apis melliferaspecies,at anystageof maturity, but excludingtheAfrican honeybee, Apis melliferascutelataspecies. Owner. Anyperson orentitywho owns, leases orcontrols a parcel of realpropertyupon whichanapiaryis kept. (C)BeekeepingAllowed. NoBeekeeper orOwner shallplace, keep, orallowanyapiaryorcolonyof beesin or upon anyparcel ofreal propertylocated within theCityunless suchapiaryconforms to the provisionsof thisSection. (D)Terms and Conditions. All apiaries or coloniesof honeybeeskept within theCity shall conformto the followingtermsand conditions: Theapiaryorcolonyshall be allowed by lot size as follows: 1.Two (2) hives on lots that are a minimum of eight thousand (8,000) square feet up to and including eleven thousand nine hundred and ninety-nine (11,999) square feet; or 2.Three (3) hives on lots 12,000 square feet or greater. Lot size calculations shall be based on the size of a lot as shown or calculated from a recorded plat or as determined by using the Bonneville County Assessor records, in cases when a lot has not been platted. 3.Theapiaryorcolonyismaintained onlyin a sideor rearyard of aresidential lot. Apiaries or coloniesshall not bekept or maintained in a commercial or industrial zone. 4.Honeybees shallbekeptin hives with removableframes and shallbekept in sound and usable condition. 5.Hives shall be placed noless than sevenfeet (7')from anypropertylineandatleast sixinches (6") abovetheground, measuredfrom the ground to thelowest portion of thehive. Hives shall notbe placed within thirtyfeet (30') ofany dwelling, porch,gazebo,swingset, sandbox, playground equipment, deckor swimmingpool, unlessthe ownerof such dwelling,equipment or propertyhas given written consent forhiveplacement. 6.Ifanyhive is located within thirtyfeet (30') ofanadjacent propertyline, a fence,closed hedge, buildingor other imperviousbarrierno lessthan sixfeet(6') highand twentyfeet(20') in length and shallbelocated between thehive and the adjacent propertyline. 7.Afresh watersupplywillbemaintainedat all times, except duringwinter months when the beesare hibernating, within fifteenfeet(15) to twenty-fivefeet (25) oftheapiaryinorder to prevent the beesfrom congregating at neighboring watersources. 8.No species ofbeeis keptotherthan Apis mellifera. 9.Queens shall be selectedfrom stock bredforgentleness and non-swarmingcharacteristics. 10.Ifthe colonyexhibits unusuallyaggressivebehavior orwhen thecolony includesAfricanized bees, the beekeeperor owner shallpromptlyremoveorre-queen the colony. 11.All hives shall havealegibleidentification label securelyfastened thereupon bearingthe nameand telephonenumberof thebeekeeperwho owns the hive. 12.All apiariesorcoloniesshallcomplywith theIdaho StateBeeInspection statute and otherapplicable statelaws. 13.All beekeepers must registereach hive with the City of Ammon whoshall then provide the required information to the Idaho Falls AnimalShelter. This registration shallincludethe name ofthe beekeeper, themailingaddress ofthe beekeeper, thephonenumberof thebeekeeperand the physical address of where each hiveunder thebeekeeper's control islocated. Ordinance #607T5 C1 C2 C3 C5 C6 C7 C8 C10 C11 C12Page 11of 18 29 of 76 30 Any person violating the provisions of this section shall be deemed guilty of an infraction. 5-3-12:ANIMALS RUNNING AT LARGE: Any owner or custodian of any animal, other than a domestic cat, who permits or allows such animal to run at large within the City, is guilty of a misdemeanor. For the purposes hereof, the term "running at large" means off the premises of the owner or custodian of the animal and not under his or her immediate control. 5-3-13:IMPOUNDMENT OF ANIMALS: The Animal Control Officer or their authorized representative shall impound or confine any animal found running at large within the City. Any animal so impounded or confined shall be provided with the proper care, food, or water. The care, disposal, release, sale, or destruction of any animal so impounded shall be conducted in a like manner as set forth in Chapter 3, Title 5, of this Code. Prior to the release of any animal impounded at the City Pound, the owner or custodian thereof shall pay an impound fee determined by a schedule of fees adopted by the City Council by resolution which may be amended from time to time or fees as set by an agency contracted by the City to impound animals. 5-3-14:ABANDONMENT OF ANIMALS:It shall be unlawful for any person to abandon any animal or to cause an animal to be abandoned as defined in section 5-3-15 of this code (Idaho Code 25-3504). The Animal Control Officer is authorized to impound any animal which appears to be abandoned. Impoundment mayoccur only after the Animal Control Officer has posted a conspicuous notice, at the place where the animal appears to be abandoned, indicating that the animal appears to be abandoned and that it may be impounded. Such notice must be posted every twenty-four (24) hours. When seventy-two (72) hours have passed, at least two (2) notices have been posted, and the animal has remained abandoned, the Animal Control Officer is then authorized to impound the animal. The Animal Control Officer shall leave at the place where the animal was abandoned a conspicuous notice stating where the animal has been impounded, and the reason for impoundment. 5-3-15:DEAD ANIMAILS: No person shall deposit any dead animal or fowl on any City street, alley, sidewalk, or right-of-way or on any private lot within the City not owned or occupied by that person. No person shall cause or allow any dead animal or fowl to remain for an unreasonable length of time on any property owned or occupied by that person and located withinthe City. Any violation of this section shall be deemed an infraction and subject to section 1-4-2 of the Ammon City Code. Each day such violation continues, shall be a separate violation, which shall be deemed as a separate infraction and a citationmay be issued therefore. 5-3-16:SLAUGHTERHOUSE REGULATIONS: Every owner, lessee, tenant, or occupant of any slaughterhouse, stable, building, structure, or stall in which any animal or fowl is killed or in which any animal or fowl is kept, or of anyplace in which offal, manure, or any liquid discharge of any animal or fowl collects or accumulates shall promptly remove such offal, liquid, or manure to a proper place and shall at all times keep such slaughterhouse, stable, building, structure, or stall in a clean and wholesome condition and reasonably free from offensive smells. Any person violating the provisions of this section shall be deemed guilty of a misdemeanor. 5-3-15:DEFINITIONS: Certain words and terms used in this chapter shall be asdefined below and shall also apply, as applicable to the definitions for Title 5, Criminal Code, Chapter 4, Dogs of this City Code. ABANDON:To completely forsake and desert an animal previously under the custody or possession of a person without makingreasonable arrangements for its proper care, sustenance and shelter. ADEQUATE CARE:Care of animal to include, but not be limited to, a clean, safe shelter that provides protection from the weather, sufficient heat and ventilation, wholesome food and water, proper veterinary care and exercise consistent with the normal requirements and ANIMAL CONTROL OFFICER: e City of Ammon to carry out provisions of this chapter. ANIMAL CONTROL SHELTER:Any premise, lot, or building designated by the City for the purpose of impounding and caring for animals held under authority of the Chapter or Title. ANIMAL SERVICES MANAGER: The person, official or their designee, in charge of operating and maintaining the Animal Control Shelter. AT LARGE:An animal shall be deemed to be at large when found to be located off the property of the owner and not under restraint or control. CONFINEMENT:An animal shall be considered confined when the animal is in a secure and/or enclosed boundary. An animal shall be considered to be confined when it is shut or locked inside a vehicle, dog run, garage or other enclosed area. Ordinance #607T5 C1 C2 C3 C5 C6 C7 C8 C10 C11 C12Page 12of 18 30 of 76 31 CRUEL OR CRUELTY:Any of all of the following: (A)Intentional and malicious infliction of pain, physical suffering, injury or death upon an animal; (B)To maliciously kill, maim, wound, overdrive, overload, drive when overloaded, overwork, torture, torment, deprive of necessary sustenance, drink or shelter, cruelly beat, mutilate or cruelly kill an animal; (C)To subject an animal to needless suffering, inflict unnecessary cruelty, drive, ride, or otherwise use an animal when same is unfit; (D)To abandon an animal; (E)To negligently confine an animal in unsanitary conditions or to negligently house an animal in inadequate facilities; to negligently fail to provide sustenance, water, medical care or shelter to an animal. DOG: AT RISK: Any dog that menaces, chases, displays threatening or aggressive behavior or otherwise threatens or endangers the safety of any person or causes physical injury to any domestic animal while at large or repeatedly runs at large. DOG: DANGEROUS:Any dog that has previously been classified as at riskand exhibits escalating aggressive behaviors that result in further complaints, or a dog that, without provocation, inflicts injury on a human being or a crime, including but not limited to animal fighting or guarding illegal operations. DOG: OF LICENSING AGE:Any dog which has attained the age of three (3) months that is kept as a household pet. DOMESTIC ANIMAL:An animal, other than livestock or equines, that is owned or possessed by a person. ENCLOSURE:A fence or structure suitable to prevent the escape of the animal or the entry of young children. FOOD (ADEQUATE):Food that is not spoiled or contaminated and is of sufficient quantity and quality to meet the normal daily requirements for the condition and size of the animal and the environment in which it is kept. An animal shall be fed or have food available at least once each day, unless a licensed veterinarian instructs otherwise, or withholding food is in accordance with accepted agricultural or veterinarian practices. HARBORING:The keeping of any dog. The occupant of any premises on which a dog remains, or to which it customarily returns for food and care, for seven (7) consecutive days or more, is presumed to be harboring or keeping the dog within the meaning of this Chapter. HEALTH OFFICER: An official of the Department of Health, State of Idaho. HEN, DOMESTIC:A common domestic hen (domesticus gallus gallus) for the purpose of domestic egg production or as a domestic pet. IMPOUNDED:Havingbeen received into custody of the Municipal Pound or into the custody of the Animal Control Officer, Police Department, or any authorized agent or representative thereof. KENNEL:Any place other than a veterinary hospital where three (3) or more dogs over three (3) months of age are kept for any purpose, or where dogs are received for boarding and care. LEASH:A cord, thong, leash, or chain not more than eight (8) feet in length by which a dog is controlled by the person accompanying it. LIVESTOCK:Includes but is not limited to horses, mules, jackasses, cattle, llamas, alpacas, sheep, goats, swine, domesticated fowl and any fur-bearing animal bred and maintained commerciallyor otherwise, within pens, cages and hutches MINIMUM CARE:The care sufficient to preserve the health and well-being of an animal and except for emergencies or circumstances beyond the reasonable control of the owner includes, but is not limited to, the following requirements: (A)Food of sufficient quantity and quality to allow for normal growth or maintenance of body weight and health. (B)Open or adequate access to potable water in sufficient quantity and cleanliness to satisfy the provide food and water should be designed to prevent spillage. (C)Adequate shelter as defined in this section, and as appropriate adequate dry bedding to protect against cold and dampness. Some portion of a shelter provided for a dog shall include a floor appropriate for the size of the dog, and also a barrier or door at the opening which will protect the dog from severe wind, snow and rain. (D)Professional/Ferrier/Veterinary care necessary to relieve distress from injury, neglect or disease. Ordinance #607T5 C1 C2 C3 C5 C6 C7 C8 C10 C11 C12Page 13of 18 31 of 76 32 (E)Pet or domestic animals shall not be confined to an area without adequate space forexercise necessary for the health of the animal or which does not allow access to a dry place for the animal to rest. Confinement areas must be kept reasonably clean and free from excrement or other (F)Grooming when lack thereof would adversely affect the health of the animal. NECESSARY VETERINARY CARE:Necessary medical attention shall include but not be limited to medical treatment for illness, injury, disease, excessive parasitism, or malformed or overgrown hoof. NEUTERED/SPAYED DOG:Male or female dog rendered incapable of reproducing offspring. Proof of such sterilization must be evidenced by the certificate of a licensed veterinarian. NUISANCE ANIMAL:A nuisance animal is one that: (A)Frequently runs at large. (B)Damages, soils, or defecates on private property other than property owned or controlled by the animal owner or on public walks and recreation areas unless such waste is immediately removed and properly disposed of by the animal owner or handler. (C)Causes a disturbance by excessive barking or other noise making. (D)Chases vehicles, or molests, attacks or interferes with persons or other domestic animals on public property or private property not owned or in control of the animal or handler. OFFICER:As used in this Chapter, any police officer or any person designated by the Bonneville County Sheriff or the City of Ammon as an Animal Control Officer. OWNER, CUSTODIAN, OR KEEPER:A person, including any firm, association, partnership, or corporation, or their agents, having the right of property or custody of an animal or who keeps or harbors an animal or knowingly permits an animal to remain on or about any premises occupies, owned, or controlled by that person. POUND:The Animal Control Shelter PRIMARY LIVING AREA:An area where an animal is housed for twelve (12) hours or more during a twenty-four (24) hour period. RESTRAINT:Used with respect to a dog or a cat means: (A)Kept in a secure enclosure; (B)Kept under the direct physical control similar direct physical control; (C)Confined within the real property limits of its owner by use of a leash, cord, chain, or similar device, fence, or vehicle in a manner that prevents escape. SHELTER (ADEQUATE):A structure, which protects the animal from injury and environmental hazards including but not limited to rain, snow, sun and wind. Said structure should include an enclosure of at least three (3) sides, and a roof, be accessible by the animal and of sufficient size and nature so as to provide the animal with reasonable protection. Examples of inadequate shelter includes, but are not limited to the following: 1.Underneath outside steps, decks and stoops 2.Underneath houses 3.Inside or underneath motor vehicles 4.Inside metal or plastic barrels 5.Inside cardboard boxes 6.Inside temporary animal carriers or crates SPAYED/NEUTERED DOG:Male or female dog rendered incapable of reproducing offspring. Proof of such sterilization must be evidenced by the certificate of a licensed veterinarian. TETHER/TETHERING:The practice of securing a dog to a stationary object by means of a rope, metal chain, coated steel cable or any other device used to keep an animal restrained. This does not refer to periods when animals are being walked on a leash or for temporary grooming or other professional service. TORTURE:Every act, omission or commission whereby the willful and malicious infliction of pain or suffering is caused, permitted or allowed to continue when there is a reasonable remedy or relief. The term torture shall not include normal or legal practices as defined in section 25-3514 Idaho Code. Ordinance #607T5 C1 C2 C3 C5 C6 C7 C8 C10 C11 C12Page 14of 18 32 of 76 33 UNDER CONTROL: preventing a dog from trespassing upon the property of others or annoying or chasing other persons, animals, or vehicles. UNLICENSED DOG:Any dog for which a Ammon City license has not been issued for the current year as required by Chapter 4 Section 2 ofthe City Code, or to which the tag provided for in Chapter 4 Section 5, is not attached. VACCINATION:The inoculation of a dog for rabies as required in Title 5, Chapter 4, Section 9 (E) of the City Code. VETERINARY CLINIC OR HOSPITAL:Any establishment maintained and operated by a licensed veterinarian for the boarding of animals or the diagnosis, treatment, and care of diseased or injured animals. WATER (ADEQUATE):Fresh, potable water provided at suitable intervals for the species, and which, in no event, shall exceed 24 hours at any interval. 5-3-16:PENALTY: (A)INFRACTION:Any violation of the provisions of this chapter deemed to be an infraction shall be subject to penalties prescribed for such violations under section 1-4-2 of this code, subject to the provisions of Idaho Code 18-111. Each day of the violation shall be considered a separate offense and shall be punishable by separate fines and imprisonment as provided for herein. (B)MISDEMEANOR: Any violation of the provisions of this chapter deemed to be a misdemeanor shall be subject to penalties prescribed for such violations under section 1-4-1 of this code, subject to the provisions of Idaho Code 18-111and shall, upon conviction, be punished in accordance with section Idaho Code 25-3520A. Title 5, Chapter 5,Public Streets, of the City Code of Ammon, shall be repealed and readopted toread as follows: 5-5-1:PLACING DEBRIS ON STREETS: Any person who willfully or negligently throws from any vehicle, or who places, deposits, or permits to be deposited upon or alongside any highway, street, alley, or easement used by the public for public travel, any debris, paper, litter, glass bottle, glass, nails,tacks, hoops, cans, barbed wire, boards, trash or garbage, lighted material, or other waste substance is guilty of a misdemeanor as provided for in section 1-4-1, of the Ammon City Code. The terms "highway," "street," "alley," or easement" shall be construed to include the entire right of way of such highway, street, alley, or easement. 5-5-2:OBSTRUCTION OF HIGHWAYS: Any person who obstructs, injures, or damages any public road, street, alley, highway, or sidewalk is guilty of a misdemeanor. 5-5-3:FLOODING PUBLIC STREETS: Any person who runs water across any public highway, road, or street, without first constructing a good and sufficient ditch or ditches to convey the same, or who fails to bridge such ditch or ditches, or to keep such bridge or ditches in good repair, or who places any obstruction in a culvert or ditch, and all persons, companies, or corporations who suffer any water used by them for the purpose of irrigation or any other purposes to flow into or upon any public highway, road, alley, or street, in any other manner than that authorized by law, are guilty of a violation of this section. Any violation of the provisions of this section shall be deemed an infraction, subject to section 1-4-2 of the Ammon City Code. 5-5-4:INJURIOUS MATERIALS ON STREETS: Any person who deposits, places, or causes any hazardous or explosive substance or material of any kind which creates a risk of harm or injury to person or property upon any public street, alley, sidewalk, or thoroughfare is guilty of a violation of this section. Any violation of the provisions of this section shall be deemed a misdemeanor, subject to section 1-4-1 of the Ammon City Code. 5-5-5:DAMAGE TO PUBLIC STREET: Any person who drives a tractor or vehicle with lug wheels upon a public street or who drives or operates any vehicle in a manner which damages or destroys any surface of any street or sidewalk, or who drives or operates a vehicle in excess of the gross vehicle weights permitted under the laws of the State of Idaho, upon any public street in the City, is guilty of a violation of this section. Any violation of the provisions of this section shall be deemed an infraction, subject to section 1-4-2 of the Ammon City Code. 5-5-6:GAMES IN STREETS: It shall be a violation of this section for any person to who playsball or any game in a public street, or to encourage, permit, or allow any minor to engage in such activities. Any violation of the provisions of this section shall be deemed an infraction, subject to section 1-4-2 of the Ammon City Code. Title 5, Chapter 6,Irrigation Works, a new Section 5-6-8, of the City Code of Ammon, shall be adopted toread as follows: 5-6-8:PENALTY:Any violation of the provisions of this chapter deemed to be a misdemeanor shall be subject to penalties prescribed for such violations under section 1-4-1 of this code, subject to the provisions of Idaho Code 18-113 and 18-303. Title 5, Chapter 7,Public Safety, of the City Code of Ammon, shall be repealed in its entirety. Ordinance #607T5 C1 C2 C3 C5 C6 C7 C8 C10 C11 C12Page 15of 18 33 of 76 34 Title 5, Chapter 8,Nuisances, Public Smoking, and Intoxication, of the City Code of Ammon, shall be repealed and readopted toread as follows: New Title: Nuisances and Public Intoxication 5-8-1:PUBLIC NUISANCE DEFINED: Anything which is injurious to health and morals, or is indecent or offensive to the senses, or obstructs the free use of property, interferes with the comfortable enjoyment of life or property, or unlawfully obstructs the free passage or use, in the customary manner, of any navigable lake, river, stream, canal, or basin, or any public park, square, street, or highway, is a public nuisance. 5-8-2:PUBLIC NUISANCE--UNEQUAL DAMAGE: An act which affects an entire community or neighborhood, or any substantial number of persons, as specified in the preceding section, is not less a nuisance because the extent of the annoyance or damage inflicted upon individuals is unequal. 5-8-3:PUNISHMENT FOR NUISANCE: Every person who maintains or commits any public nuisance, or who willfully omits to perform any legal duty relating to the removal of a public nuisance, is guilty of an infraction 5-8-4:PUBLIC INTOXICATION: Any person who is intoxicated in or upon any public street, alley, park, or other public place is guilty of an infraction. 5-8-5:ABATEMENT OF NUISANCES: Notwithstanding the foregoing penalties for permitting a nuisance and, in addition thereto, the City may declare what is deemed a nuisance and shall be empowered to prevent, remove, and abate nuisances at the expense of the parties committing, causing, or maintaining the same, as provided in Idaho Code Section 50-334. 5-8-6:VIOLATIONS AND PENALTIES: Any violation of the provisions of this chapter shall be deemed an infraction and shall be subject to penalties prescribed for such violations under section 1-4-2 of this code. Each day such violation continues, shall be a separate violation, which shall be deemed as a separate infraction and a citation may be issued therefore. Violations shall be assessed on a per violation per day basis. Title 5, Chapter10,Open Burning, of the City Code of Ammon, shall be repealed in its entirety. Title 5, Chapter 11,Air Guns, Firearms, of the City Code of Ammon, shall be repealed and readopted toread as follows: 5-11-1: mean any instrument used in the propulsion of shot, shell, or bullets or other harmful objects by the action of gunpowder exploded within it or the by the action of compressed air within it, or by the power of chemicals, springs, bowstrings, rubber bands, or other applied force, including guns, air rifles, B-B guns, bow and arrows, crossbows, slings, flippers, and similar devices capable of inflicting serious bodilyinjury or death. 5-11-2:REPEALED 5-11-3:DISCHARGE OF FIREARMS PROHIBITED: It shall be unlawful for any person to discharge firearms of any kind or description within the city limits except in the lawful defense of person or property; provided, however, that this section shall not apply to police officers in the lawful discharge of their duties. Any person violating the provisions of this section shall be deemed guilty of a misdemeanor. 5-11-4:EXCEPTIONS; PERMITS: Any time the City Council may, upon application, grant permits to shooting galleries, gun clubs, and others for shooting within the city limits in fixed localities and under fixed rules. Such permits shall be in writing attested by the Clerk conforming to such requirements as the City Council shall demand, and the permit thus issued shall be subject to revocation at any time by action of the City Council. 5-11-5:PENALTY:Persons violating the provisions of this Chapter shall be subject to penalties set by the State of Idaho by Statute or as stated by provision of this chapter. Title 5, Chapter 12,Burglar Alarms, Section 5-12-9, of the City Code of Ammon, shall be amended toread as follows: VIOLATIONS AND PENALTIES: Any violation of the provisions of this chapter shall be deemed an infraction and shall be subject to penalties prescribed for such violations under section 1-4-2 of this code and Idaho Code 18-113A. Each day such violation continues, shall be a separate violation, which shall be deemed as a separate infraction and a citation may be issued therefore. Ordinance #607T5 C1 C2 C3 C5 C6 C7 C8 C10 C11 C12Page 16of 18 34 of 76 35 Section 2: Repeal of Conflicting Provisions. All provisions of the current Code or ordinances of the City of Ammon which conflict with the provisions of this ordinance are hereby repealed to the extent of such conflict. Section 3: Severability. This ordinance is hereby declared to be severable. Should any portion of this ordinance be declared invalid by a court of competent jurisdiction, the remaining provisions shall continue in full force and effect and shall be read to carry out the purpose(s) of the ordinance before the declaration of partial invalidity. Section 4: Effective Date. This ordinance shall be effectiveon June15, 2018,upon its passage and publication as provided by law. th Enacted by the City Council as an ordinance of the City ofAmmon on the 7day of June, 2018. th Approved by the Mayor on the 7day of June, 2018. CITY OF AMMON __________________________________ Sean Coletti, Mayor ATTEST: _______________________________ Rachael Sanders, City Clerk I, RACHAEL SANDERS, CITY CLERK OF THE CITY OF AMMON, IDAHO DO HEREBY CERTIFY; That the above and foregoing is a full, true and correct copy of the Ordinance entitled, AN ORDINANCE REPEALING, AMENDING AND READOPTING PORTIONS OF TITLE 5,CRIMINAL CODE, CHAPTER 1, PROSECUTION AND PUNISHMENT OF CRIMES,CHAPTER 2, GENERAL POLICE REGULATIONS, CHAPTER 3, ANIMALS, CHAPTER 5, PUBLIC STREETS, CHAPTER 6, IRRIGATION WORKS, CHAPTER 7, PUBLIC SAFETY, CHAPTER 8, NUISANCES, PUBLIC SMOKING AND PUBLIC INTOXICATION, CHAPTER 10, OPEN BURNING, CHAPTER 11, AIR GUNS AND FIREARMS, CHAPTER 12, BURGLAR ALARMS; OF THE CITY OF AMMON, PROVIDING FOR SEVERABILITY;REPEALING CONFLICTING ORDINANCES AND PROVIDING AN EFFECTIVE DATE. th DATED this 7day of June, 2018. ______________________________________ Rachael Sanders, City Clerk Ordinance #607T5 C1 C2 C3 C5 C6 C7 C8 C10 C11 C12Page 17of 18 35 of 76 36 CITY OF AMMON BONNEVILLE COUNTY, IDAHO SUMMARY OF ORDINANCE NO: #607 AN ORDINANCE REPEALING, AMENDING AND READOPTING PORTIONS OF TITLE 5,CRIMINAL CODE, CHAPTER 1, PROSECUTION AND PUNISHMENT OF CRIMES,CHAPTER 2, GENERAL POLICE REGULATIONS, CHAPTER 3, ANIMALS, CHAPTER 5, PUBLIC STREETS, CHAPTER 6, IRRIGATION WORKS, CHAPTER 7, PUBLIC SAFETY, CHAPTER 8, NUISANCES, PUBLIC SMOKING AND PUBLIC INTOXICATION, CHAPTER 10, OPEN BURNING, CHAPTER 11, AIR GUNS AND FIREARMS, CHAPTER 12, BURGLAR ALARMS; OF THE CITY OF AMMON, PROVIDING FOR SEVERABILITY;REPEALING CONFLICTING ORDINANCES AND PROVIDING AN EFFECTIVE DATE. Ammon Road, Ammon, Idaho. ATTEST:CITY OF AMMON _________________________________________________________________ Rachael Sanders, City ClerkSean Coletti, Mayor I have reviewed the foregoing summary and believe that it provides a true and complete summary of Ordinance #607and that the summary provides adequate notice to the public of the contents of this ordinance. th DATED this 7day of June, 2018. ________________________________ Scott Hall, City Attorney Ordinance #607T5 C1 C2 C3 C5 C6 C7 C8 C10 C11 C12Page 18of 18 36 of 76 37 ORDINANCE NO: #608AND SUMMARY AN ORDINANCE REPEALING, AMENDING AND READOPTING PORTIONS OF TITLE 6,HEALTH AND PUBLIC SAFETY, CHAPTER 1, GENERAL HEALTH REGULATIONS,CHAPTER 3, CHILDCAREREGULATIONS AND LICENSING, CHAPTER 4, FIREPITS AND OPEN FIRES, CHAPTER 5, EMS RADIO SYSTEM REQUIREMENTS, TITLE 7, BUILDING REGULATIONS, CHAPTER 2, ABATEMENT OF DANGEROUS BUILDINGS, CHAPTER 4, IDAHO STATE PLUMBING CODE, CHAPTER 6, NATIONAL ELECTRIC CODE, CHAPTER 7, INTERNATIONAL FIRE CODE, CHAPTER 10, FLOODPLAIN; OF THE CITY OF AMMON, PROVIDING FOR SEVERABILITY;REPEALING CONFLICTING ORDINANCES AND PROVIDING AN EFFECTIVEDATE. Imove that he City Council dispense with the rule requiring the reading of the ordinance on three different days and that the three readings be waived. ORDINANCE NO: #608AND SUMMARY AN ORDINANCE REPEALING, AMENDING AND READOPTING PORTIONS OF TITLE 6,HEALTH AND PUBLIC SAFETY, CHAPTER 1, GENERAL HEALTH REGULATIONS,CHAPTER 3, CHILDCAREREGULATIONS AND LICENSING, CHAPTER 4, FIREPITS AND OPEN FIRES, CHAPTER 5, EMS RADIO SYSTEM REQUIREMENTS, TITLE 7, BUILDING REGULATIONS, CHAPTER 2, ABATEMENT OF DANGEROUS BUILDINGS, CHAPTER 4, IDAHO STATE PLUMBING CODE, CHAPTER 6, NATIONAL ELECTRIC CODE, CHAPTER 7, INTERNATIONAL FIRE CODE, CHAPTER 10, FLOODPLAIN; OF THE CITY OF AMMON, PROVIDING FOR SEVERABILITY;REPEALING CONFLICTING ORDINANCES AND PROVIDING AN EFFECTIVEDATE. Imove the adoption of ordinance 608 and summaryas an ordinance of the City of Ammon on its third and final reading. 37 of 76 38 CITY OF AMMON ORDINANCE #608 AN ORDINANCE REPEALING, AMENDING AND READOPTING PORTIONS OF TITLE 6,HEALTH AND PUBLIC SAFETY,CHAPTER 1,GENERAL HEALTH REGULATIONS,CHAPTER 3,CHILDCAREREGULATIONS AND LICENSING, CHAPTER 4,FIREPITS AND OPENFIRES, CHAPTER 5,EMS RADIO SYSTEM REQUIREMENTS,TITLE 7,BUILDING REGULATIONS, CHAPTER 2, ABATEMENT OF DANGEROUS BUILDINGS, CHAPTER 4,IDAHO STATE PLUMBING CODE, CHAPTER 6,NATIONAL ELECTRIC CODE, CHAPTER 7, INTERNATIONAL FIRE CODE, CHAPTER 10,FLOODPLAIN;OF THE CITY OF AMMON, PROVIDING FOR SEVERABILITY;REPEALING CONFLICTING ORDINANCES AND PROVIDING AN EFFECTIVE DATE. BE IT ORDAINED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF AMMON, IDAHO THAT: Section 1: Title 6,Health and Public Safety Title 6, Chapter 1,General Health Regulations, of the City Code of Ammon, shall be repealed and readopted toread as follows: 6-1-1:OUTDOOR RESTROOM FACILITIES: (A)Outdoor Restroom Facilities Prohibited: No person shall erect, place, maintain or keep, or allow to be erected, placed, maintained or kept, any water closet, privy, outhouse, portable outdoor toilet facility, or similar restroom facility not connected to the public sewer on any public or private property within the City. (B)Exceptions: The prohibition set forth in this Section shall not apply to: (1) temporary portable toilet facilities used by contractors engaged on work within the City for use of their employees if required by federal or state law or regulation, or, (2) temporary portable toilet facilities used for outdoor public air shows, parades, or exhibitions for a period of not longer than three (3) consecutive days and occurring no more than once in any calendar year or toilets placed in public areas by the City for servicing events and/or parks. (C)State Health Regulations: All temporary outdoor restroom facilities allowed under the preceding section shall comply with all applicable regulations of the State of Idaho, Department of Health and Welfare or the United States Department of Labor. Any person violating the provisions of this section shall be deemed guilty of a misdemeanor. 6-1-2:UNSANITARY PREMISES: No owner or occupant of any premises within the City shall cause or allow any portion of the premises or any structure on the premises to become nauseous, foul, offensive, or injurious to the public health, or grossly unpleasant or disagreeable to the senses of adjacent residents or persons passing the premises. Any violation of this section shall be deemed an infraction and subject to section 1-4-2 of the Ammon City Code. 6-1-3:UNCLEAN BARNS AND ENCLOSURES: No person shall maintain any barn enclosure, stable, building, or yard for cattle, horses, or any other animals or fowl within the City in such a condition as to be grossly offensive to neighbors or passers-by or injurious to the public health. Any violation of this section shall be deemed an infraction and subject to section 1-4-2 of the Ammon City Code. 6-1-4:DEPOSITING OF MANURE PROHIBITED: No person shall deposit upon or allow any manure to be placed upon any City street, alley, sidewalk, or right-of-way; provided however, this section shall not apply to persons in control of animals exhibited in any public parade or circus, provided adequate arrangements are made to remove and dispose of manure deposited upon such streets, ways, or sidewalks by animals exhibited in the parade or circus, during or immediately following the conclusion thereof. Ordinance #608T6 C1 C3 C4 C5 T7 C2 C4 C6 C7 C10Page 1of 10 38 of 76 39 Any violation of this section shall be deemed an infraction and subject to section 1-4-2 of the Ammon City Code. 6-1-5:NOXIOUS TRADE: No owner or occupant of any premises within the City shall conduct or engage in any trade, business or occupation that is dangerous, detrimental to the life, health, or property of members of the public or which is grossly offensive to the public or otherwise constitutes a nuisance. Any violation of this section shall be deemed an infraction and subject to section 1-4-2 of the Ammon City Code. 6-1-6:PENALTY: INFRACTION:Any violation of the provisions of this chapter deemed to be an infraction shall be subject to penalties prescribed for such violations under section 1-4-2 ofthis code, subject to the provisions of Idaho Code 18- 111 and 18-113A. MISDEMEANOR: Any violation of the provisions of this chapter deemed to be a misdemeanor shall be subject to penalties prescribed for such violations under section 1-4-1 of this code, subject to the provisions of Idaho Code 18-111 and 18-113. Title 6,Chapter3,Childcare, Section 4, Types of Licenses, Sub-section D,Child Care Operator License,of the City Code of Ammon, shall be amended to read as follows: This license is required for any proprietor, lessee, manager, director, owner, entity, or person in charge of any Child Care Center, Group Child Care Facility or Family Child Care Facility providing for the temporary care of children. The operator must have a criminal background investigation completed and approved by the City Council, and the applicant must meet the eligibility requirements of the Child Care worker license. Any violation of the provisions of this section shall be deemed to be a misdemeanor. Title 6, Chapter 3,Childcare, Section 4, Types of Licenses, Sub-section E,Child Care Worker License, of the City Code of Ammon, shall be amended to read as follows: 1.This license is required for any person working or volunteering at a Child Care Center or Group Child Care Facility who provides care for children at any point in time. The person may be issued a temporary license while criminal history results are in process, but must be supervised at all times by a licensed worker, until the workerlicense is issued. A temporary license shall be issued only after receipt of a notarized application from a licensed facility owner/manager stating complete knowledge of the statements and questions on the application submitted by applicant. Said application must be free from any disqualifying conditions. 2.To obtain the license, the applicant must submit evidence of current certification of infant/child/pediatric CPR training, and first aid training valid through the current licensing period. All training for CPR certification must be obtained via a hands-on program. No on-line certification will be accepted. 3.Prior to beginning work, new hires must have submitted the application for the required criminal background investigation to the City Clerk. 4.Forthe annual renewal of the license, all applicants for an operator or worker license must provide a certificate issued by an educational/technical facility, certifying that the applicant has completed at least eight (8) hours of child care training, withinthe past year, which addresses the following areas: child development, health and safety, and child guidance. 5.Any person applying for a Child Care Worker License under the age of eighteen (18) shall submit application following the same requirements outlined in this section for obtaining a Child Care Worker License. Any violation of the provisions of this section shall be deemed to be a misdemeanor. Title 6, Chapter 3,Childcare, Section 4, Types of Licenses, Sub-section F,Child Care On Site Non-Provider License, of the City Code of Ammon, shall be amended to read as follows: 1.This license is required for any person thirteen (13) years of age or older residing at a facility, a person who is employed by a Child Care Center, Group Child Care Facility or Family Child Care Facility or any person who is regularly on the premises of a facility or anyone who may reasonably be expected to have unsupervised contact with children, but does not provide direct care, such as janitorial, lunchroom staff, pastors, immediate family members of the operator or director, children thirteen (13) years of age or older and friends who are regularly on the premises, etc. 2. Any non-provider eighteen (18) years of age or older must complete a criminal history background investigation. 3.For a non-provider thirteen (13) years of age but under the age of eighteen (18) the background investigation shall include a check of the juvenile justice records of adjudications of the magistrate division of the district court. Said information shall be obtained only after the receipt of a signed Authorization for Release of Confidential Information to the City Clerk. This document shall be Ordinance #608T6 C1 C3 C4 C5 T7 C2 C4 C6 C7 C10Page 2of 10 39 of 76 40 signed by the parent/guardian of all non-provider minors as defined in section 6-3-2 ofthis Chapter and shall be submitted with the original application or renewal. 4.The non-provider may not perform any direct care of children. Any violation of the provisions of this section shall be deemed to be a misdemeanor. Title 6, Chapter 3,Childcare, Section 7, Applications for License, Sub-section A,Submission of Application, Sub- Part1, Individual, of the City Code of Ammon, shall be amended to read as follows: 1.Individual. In addition to the application, the following items shall be required for the processing of an application: i.Certification of current infant/child/pediatric CPR and first aid training. ii.For renewal applications only, certification of continuing education child development/care training. iii.Authorization for release of confidential information for non-provider minor background investigation. iv.Fingerprints for criminal background investigation. v.Verification of Health Department inspection. Title 6, Chapter 3,Childcare, Section 7, Applications for License, Sub-section F,Temporary Licenses, of the City Code of Ammon, shall be amended to read as follows: Temporary Licenses: The City may issue a temporary license to licensing applicants pending the completion of the necessary Child Care inspections, criminal history checks and infant/child/pediatric CPR training. All temporary licenses shall be issued under the following conditions: 1.The Temporary License shall be issued for a period not to exceed ninety (90) days, unless otherwise extended by the City. 2.Applicants must complete and sign a notarized self-declaration certifying that they have never been found guilty of or received a withheld judgment for any of the crimes enumerated in sections 6-3-15 of this chapter and Sections 39-1113 and 39-1115(3), Idaho Code, pending the completion of the criminal history check. 3.All temporary licenses are condition criminal history checks. 4.No temporary license shall be issued until all documentation necessary for submission of a criminal history background investigation has been received by the City Clerk. 5.If a criminal history background investigation on an applicant for licensing or a currently licensed Child Care Center, Group Child Care Facility, Family Child Care Facility discloses an owner, operator, director, worker or volunteer has a criminal history background resulting in denial or revocation of an application as covered in section6-3-15 of this Chapter, the individual shall be suspended immediately from continued employment or volunteering. The Child Care Center, Group Child Care Facility, Family Child Care Facility, and the individual shall be in violation of these rules and subject to a misdemeanor if the individual is retained after receiving notice by certified mail from the City that the individual has been declined a license. Title 6, Chapter 3,Childcare, Section 10, Staffing Requirements, of the City Code of Ammon, shall be amended to read as follows: The following schedule and rules will govern the worker/child ratio allowed in all facilities: The following schedule and rules will govern the worker/child ratio allowed in all facilities: A child under the age of twenty-four (24) months= two (2) points A child from twenty-four (24) months to thirty-six (36) months = one and one half (1-1/2) points A child over thirty-six (36) months to five (5) years = one (1) point A child over five (5) years to thirteen (13) years = one-half (1/2) point A maximum of twelve (12) children or 12 points, whichever provides for the least number of children, using the above point system will be allowed per worker. (A)Group Child Care (6-12) Facilities or Family Child Care (1-5) Facilities shall not be used in calculating the staffing requirements of said facilities. All children in a Child Care Center (13+) shall be counted in calculating the worker/child ratios. Ordinance #608T6 C1 C3 C4 C5 T7 C2 C4 C6 C7 C10Page 3of 10 40 of 76 41 (B)An adult must be present at all times during business hours on child care facility premises. Any violation of the provisions of this section shall be deemed to be an infraction. Title 6, Chapter 3,Childcare, Section 11, Record Maintenance, of the City Code of Ammon, shall be amended to read as follows: RECORD MAINTENANCE:Each facility shall maintain records as required by the City. (A)A current facility license shall be displayed. (B)A file of current Child Care Worker Licenses for each employee. (C)A file shall be maintained for all non-provider licensees. (D)A file shall be maintained of all children cared for on the premises. Said record shall contain the date of birth, address, names, names and contact information including work telephone and/or cell telephone numbers. (E)Immunization records as required by the State of Idaho Health Department. (F)Medical release for emergency treatment of child in the event a parent/guardian cannot be reached to authorize necessary emergency treatment. (G)A daily listing of the children being cared for. (H)A daily listing of the staff on duty and the hours scheduled. All records shall be maintained in an orderly manner by the provider. Any violation of the provisions of this section shall be deemed to be an infraction. Title 6, Chapter 3,Childcare, Section 19, Penalty,of the City Code of Ammon, shall be amended to read as follows: INFRACTION:Any violation of the provisions of this chapter deemed an infraction shall be subject to penalties prescribed for such violations under section 1-4-2 of this code, subject to the provisions of Idaho Code 18-111 and 18-113A. Each day of the violation shall be considered a separate offense and shall be punishable by separate fines as provided for herein. Any violation not deemed either an infraction or a misdemeanor shall be deemed an infraction. MISDEMEANOR: Any violation of the provisions of this chapter deemed to be a misdemeanor shall be subject to penalties prescribed for such violations under section 1-4-1 of this code, subject to the provisions of Idaho Code 18-111 and 18-113. Title 6, Chapter 4,Fire Pits and Open Fires, of the City Code of Ammon, shall be repealed in its entirety. Title 6, Chapter 5,EMS Requirements for System Regulation, Section8, Penalty, of the City Code of Ammon, shall be amended to read as follows: Any violation of the provisions of this chapter shall be deemed an infraction and shall be subject to penalties prescribed for such violations under section 1-4-2 of this code, subject to the provisions of Idaho Code 18-111 and 18-113A. Each day of the violation shall be considered a separate offense and shall be punishable by separate fines as provided for herein. Section 2: Title 7,Building Regulations Title 7, Chapter 2,Abatement of Dangerous Buildings, Section 1, Purpose, of the City Code of Ammon, shall be amended to read as follows: The purpose of this Chapteris to provide a just, equitable, and practicable method, cumulative with and in addition to any other remedy provided by the International Building Code, International Fire Code, or otherwise available at law, for requiring buildings or structures that endanger the life, limb, health, property, safety, or welfare of the general public to be repaired, vacated, or demolished. Title 7, Chapter 2,Abatement of Dangerous Buildings, Section 6, Violations and Penalties, of the City Code of Ammon, shall be amended to read as follows: Any person who shall violate any of the provisions of the Uniform Code for the Abatement of Dangerous Buildingsas adopted by the City of Ammon or the Ammon City Code as it relates to theUniform Code for the Abatement of Dangerous Buildings shall severallyfor each andevery such violation and noncompliance respectively, be guilty of a misdemeanor as allowed in the Uniform Code forthe Abatement of Dangerous Buildingsand shall be charged as adopted in section 1-4-1 of the CityCode. The imposition of one penalty for any violation shall not excuse the violation or permit it to continue and all such persons shall be required to correct or remedy such violations or defects within a reasonable time and when not otherwise specified.Each day that a violation continues after due notice has been served shall be deemed a separate offense. Ordinance #608T6 C1 C3 C4 C5 T7 C2 C4 C6 C7 C10Page 4of 10 41 of 76 42 Title 7, Chapter4,Idaho State Plumbing Code, Section 1, Idaho State Plumbing Code Adopted, of the City Code of Ammon, shall be amended to read as follows: A.Plumbing Code Adopted:The Idaho State Plumbing Code (ISPC) together with the most current Uniform Plumbing Code (UPC) as adopted by the State of Idaho Plumbing Board together with the amendments thereto, as published in the Idaho Statute, rules 07.02.03 through 07.02.07, except those portions that are deleted, modified or amended by other provisions of this Chapter. B.Code on File:One (1) copy of the most current Uniform Plumbing Code, as adopted by the State of Idaho Plumbing Board, shall be duly certified and retained by the City Clerk. Title 7, Chapter4,Idaho State Plumbing Code, Section 4, Violations and Penalties, of the City Code of Ammon, shall beamended to read as follows: Any person who shall violate any of the provisions of the Idaho State and Uniform Plumbing Code as adopted by the City of Ammon or the Ammon City Code as it relates to the Idaho State and Uniform Plumbing Code shall severally for each and every such violation and noncompliance respectively, be guilty of a misdemeanor as allowed in the Idaho State and Uniform Plumbing Code shall be charged as adopted in section 1-4-1 of the City Code. The imposition of one penalty for any violation shall not excuse the violation or permit it to continue and all such persons shall be required to correct or remedy such violations or defects within a reasonable time and when not otherwise specified. Each day that a violation continues after due notice has been served shall be deemed a separate offense. A fine and daily fee shall be charged for failure to obtain a certificate of occupancy as required by this code and the International Building Code. Said fine shall be as adopted by resolution of the City Council as provided for by ordinance. Title 7, Chapter6,National Electrical Code, of the City Code of Ammon, shall be repealed and re-adopted to read as follows: 7-6-1:NATIONAL ELECTRICAL CODE ADOPTED: The most current edition of the National Electrical Code (NEC), as adopted and incorporated by reference by the State of Idaho is adopted as the official code of the City. 7-6-2:CODE ON FILE: One (1) copy of the most current edition of the National Electrical Code as adopted, shall be duly certified and retained by the City Clerk. 7-6-3:FEES:The City Council shall set Fees by separate action or resolution as warranted. In addition, thereto, said applicant shall reimburse city for actual expenses incurred by the City. 7-6-4:VIOLATIONS AND PENALTIES:Any person who shall violate any of the provisions of the National Electric Code as adopted by the City of Ammon or the Ammon City Code as it relates to the National Electric Code shall severally for each and every such violation and noncompliance respectively, be guilty of a misdemeanor as allowed for in the National Electric Code and shall be charged as adopted in section 1-4-1 of the City Code. The imposition of one penalty for any violation shall not excuse the violation orpermit it to continue and all such persons shall be required to correct or remedy such violations or defects within a reasonable time and when not otherwise specified. Each day that a violation continues after due notice has been served shall be deemed aseparate offense. A fine and daily fee shall be charged for failure to obtain a certificate of occupancy as required by this code and the International Building Code. Said fine shall be as adopted by resolution of the City Council as provided for by ordinance. Title 7, Chapter7,International Fire Code, Section 2, Establishment and Duties of Division of Fire Prevention, of the City Code of Ammon, shall be amended to read as follows: 7-7-2:ESTABLISHMENT AND DUTIES OF DIVISION OF FIRE PREVENTION. A.The International Fire Code shall be enforced by the Division of Fire Prevention, in the Fire Department of the City, which is hereby established and which shall be operated under the supervision of the Chief of the Fire Department. B.The Fire Marshal shall be in charge of the Division of Fire Prevention shall be appointed by the Mayor with confirmation of the City Council upon recommendation from the Chief of the Fire Department on the basis of investigation to determine his qualifications. C.The Chief of theFire Department may detail such members of the Fire Department as inspectors from time to time as necessary. The Chief of the Fire Department shall recommend to the Mayor the employment of technical inspectors who, when such authorization is made, shall be selected through an investigation to determine their fitness for the position. The examination shall be open to members and non-members of the Fire Department, and appointments made after investigation shall be for an indefinite term. Ordinance #608T6 C1 C3 C4 C5 T7 C2 C4 C6 C7 C10Page 5of 10 42 of 76 43 Title 7, Chapter7,International Fire Code, Section 3, Definitions, of the City Code of Ammon, shall be amended to read as follows: The following definitions shall be amended to read as follows: CORPORATE COUNSEL: used in the International Fire Code, it shall be held to mean the Attorney for the City of Ammon. LIFE-SAFETY SYSTEM:Wherever the words Life-Safety System is used in the International Fire Code, it shall be held to mean, automatic fire extinguishing system, fire alarm and detection systems, fire pumps and any other fire protective system or life safety equipment. Title 7, Chapter7,International Fire Code, Section 5,Violations and Penalties,of the City Code of Ammon, shall be amended to read as follows: Any person who shall violate any of the provisions of the International Fire Code as adopted by the City of Ammon or the Ammon City Code as it relates to the International Fire Code, shall severally for each and every such violation and noncompliance respectively, be guilty of a misdemeanor as allowed for in the International Fire Code and shall be charged as adopted in section 1-4-1 of the City Code. The imposition of one penalty for any violation shall not excuse the violation or permit it to continue and all such persons shall be required to correct or remedy such violations or defects within a reasonable time and when not otherwise specified. Each day that a violation continues after due notice has been served shall be deemed a separate offense.A fine and daily fee shall be charged for failure to obtain a certificate of occupancy as required by this code and the International Building Code. Said fine shall be as adopted by resolution of the City Council as provided for by ordinance. (A)The application of the above penalty shall not be held to prevent the enforced removal of prohibited conditions. Title 7, Chapter10,Flood Plain Requirements, Section 4,Administration,of the City Code of Ammon, shall be amended to read as follows: (A)Establishment of Development Permit: A development permit shall be obtained before construction or development begins within any area of special flood hazard established in Section 7-10-3-(B) above. The permit shall be for all structures including manufactured homes, as set forth in Section 7-10-2, Definitions, and for all other development including fill and other activities, also as set forth in Section 7-10-2, Definitions. (B)Designation of the Local Administrator: The City of Ammon City Engineer is herebyappointed to administer and implement this chapter by granting or denying development permit applications in accordance with its provisions. (C)Duties and Responsibilities of the Local Administrator: Duties of the City Engineer shall include, but not be limited to: 1.Permit Review: (a)Review all development permits to determine that the permit requirements of this chapter have been satisfied. (b)Review all development permits to determine that all necessary permits have been obtained from those federal, state, or local governmental agencies from which prior approval is required. (c)Review all development permits to determine if the proposed development is located in the floodway. If located in the floodway, assure that the encroachment provisions of Section 7-10-5(C) 1 are met. 2.Use of Other Flood Data: When base flood elevation and floodway data have not been provided in accordance with Section 7-10-3(B), Basis for Establishing the Areas of Special Flood Hazard, the City Engineer shall obtain, review, and reasonably utilize any base flood elevation and floodway data available from a federal, state, or source, in order to administer Section 7-10-5(B)1, Specific Standards, Residential Construction, Section 7-10-5(B)2, Specific Standards, Nonresidential Construction, and Section 7-10-5(C), Floodways. 3.Information to be Obtained and Maintained: (a)Where base flood elevation data is provided through the Flood Insurance Study or required as in Section 7-10-4(C)2, obtain and record the actual elevation (in relation to mean sea level) of the lowest habitable floor (including basement) of all new or sub- stantially improved structures, and whether or not the structure contains a basement. (b)For all new or substantially improved flood proofed structures: (i)Verify and record the actual elevation (in relation to mean sea level), and (ii)Maintain the flood proofing certifications required in Section 7-10-5 (B) 3. Ordinance #608T6 C1 C3 C4 C5 T7 C2 C4 C6 C7 C10Page 6of 10 43 of 76 44 (c)Maintain for public inspection all records pertaining to the provisions of this chapter. 4.Alterationof Watercourses: (a)Notify adjacent communities and the Idaho Water Resource Board prior to any alteration or relocation of a water course, and submit evidence of such notification to the Federal Insurance Administration. (b)Require that maintenance is provided within the altered or relocated portion of said water course so that the flood carrying capacity is not diminished. 5.Interpretation of FIRM Boundaries: Make interpretations where needed, as to exact location of the boundaries of the areas of special flood hazards (for example, where there appears to be a conflict between a mapped boundary and the actual field conditions). The person contesting the location of the boundary shall be given a reasonable opportunity to appeal the interpretation. Such appeals shall be granted consistent with the appeals procedure as provided in Section 7-10-4(D)4 of this chapter and the standards of Section 1910.6 of the rules and regulations of the National Flood Insurance Program (24 CFR 1909, etc.) (D)Variance Procedure: 2.Appeal Board: (a)The Board of Adjustment or the City Council acting as the Board of Adjustment, as established by the City of Ammon, shall hear and decide appeals and requests for variances from the requirements of this chapter. (b)The Board of Adjustment, or the City Council acting as the Board of Adjustment, shall hear and decide appeals when it is alleged there is an error in any requirement, decision, or determination made by the Enforcement Officer in the enforcement or administration of this chapter. (c)Those aggrieved by the decision of the Board of Adjustment, or the City Council acting as the Board of Adjustment, or any taxpayer, may appeal such decision to the Seventh Judicial District Court, as provided by Idaho statutes. (d)In passing upon such applications, the Board of Adjustment, or the City Council acting as the Board of Adjustment, shall consider all technical evaluations, all relevant factors, standards specified in other sections of this chapter, and: (i)The danger that materials may be swept onto other lands to the injury of others; (ii)The danger to life and property due to flooding or erosion damage; (iii)The susceptibility of the proposed facility and its contents to flood damage and the effect of such damage on the individual owner; (iv)The importance of the services provided by the proposed facility to the community; (v)The necessity to the facility of a waterfront location, where applicable; (vi)The availability of alternative locations for the proposed use which are not subject to flooding or erosion damage; (vii)The compatibility of the proposed use with existing and anticipated development; (viii)The relationship of the proposed use to the comprehensive plan and flood plain management program for that area; (ix)The safety of access to the property in times of flood for ordinary and emergency vehicles; (x)The expected heights, velocity, duration, rate of rise, and sediment transport of the flood waters and the effects of wave action, if applicable, expected at the site; and (xi)The costs of providing governmental services during and after flood conditions, including maintenance and repair of public utilities and facilities such as sewer, gas, electrical, and water systems, and streets and bridges. (e)Upon considerationof the factors of Section 7-10-4 (D) 1(d) and the purposes of this chapter, the Board of Adjustment, or the City Council acting as the Board of Adjustment, may attach such conditions to the granting of variances as it deems necessary to further the purposes of this chapter. (f)The City Engineer shall maintain the records of all appeal actions and report any variances to the Federal Insurance Administration upon request. 3.Conditions for Variance: (a)Generally, the only condition under which a variance from theelevation standard may be issued is for new construction and substantial improvements to be erected on a lot of one-half (½) acre or less in size contiguous to and surrounded by lots with existing Ordinance #608T6 C1 C3 C4 C5 T7 C2 C4 C6 C7 C10Page 7of 10 44 of 76 45 structures constructed below the base flood level, providing items (i-xi) in Section 7-10-4 (D) 1(d) have been fully considered. As the lot size increases the technical justification required for issuing the variance increases. (b)Variances may be issued for the reconstruction, rehabilitation, or restoration of structures listed on the National Register of Historic Places or the State Inventory of Historic Places, without regard to the procedures set forth in this section. (c)Variances shall not be issued within a designated floodway if any increase in flood levels during the base flood discharge would result. (d)Variances shall only be issued upon a determination that the variance is the minimum necessary, considering the flood hazard, to afford relief. (e)Variances shall only be issued upon: (i)A showing of good and sufficient cause; (ii)A determination that failure to grant the variance would result in exceptional hardship to the applicant; (iii)A determination that the granting of a variance will not result in increased flood heights, additional threats to public safety, extraordinary public expense, create nuisances, cause fraud on or victimization of the public, or conflict with existing local laws or ordinances. (f)Variances as interpreted in the National Flood Insurance Program are based on the general zoning law principle that they pertain to a physical piece of property; they are not personal in nature and do not pertain to the structure, its inhabitants, economic or financial circumstances. They primarily address small lots in densely populated residential neighborhoods. As such, variances from the flood elevations should be quite rare. (g)Variances may be issued for nonresidential buildings in very limited circumstances to allow a lesser degree of flood proofing than watertight or dry-flood proofing, where it can be determined that such action will have low damage potential, complies with all other variance criteria except Section 7-10-4 (D) 2(a), and otherwise complies with Sections 7-10-5 (A) 1 and 7-10-5 (A) 2 of the GENERAL STANDARDS. (h)Any applicant to whom a variance is granted shall be given written notice that the structure will be permitted to be built with a lowest floor elevation below the base flood elevation and that the cost of flood insurance will be commensurate with the increased risk resulting from the reduced lowest floor elevation. Title 7, Chapter10,Flood Plain Requirements, Section 6, Minimum Flood Proof Basement Design Requirements, of the City Code of Ammon, shall be repealed in its entirety. Title 7, Chapter10,Flood Plain Requirements, Section 8, Flood Insurance Study, of the City Code of Ammon, shall be amended to read as follows: The flood insurance study for the City of Ammon, dated April 2, 2002, and any revisions thereto, is hereby adopted by reference and declared to be a part of the ordinance of the City of Ammon, for the control and use of property in the City of Ammon, Idahoflood plain. The most current flood insurance study for Bonneville County shall be used for any properties annexed into the City of Ammon that are outside of the City of Ammon flood insurance study maps. Title 7, Chapter10,Flood Plain Requirements,a new Section 9, Elevation Certificates Required for All New Buildings in the City, of the City Code of Ammon, shall be added and adopted to read as follows: Elevation Certificates for buildings in the flood plain shall be required at the following times: Elevation Certificates for buildings in the flood plain should be required as follows: (A)Submitted with construction drawings at the time of a request for a building permit (prior to any alterations of the ground) and (B)After the foundation or pad has been poured. This certificate should provide the information showing the lowest floor is at or above the required elevation. The City Engineer shall certify this. (C)The City Engineer working with the Building Department shall inspect and certify that any addition devices or structures are in place prior to the final certificate of occupancy. Section 3: Repeal of Conflicting Provisions. All provisions of the current Code or ordinances of the City of Ammon which conflict with the provisions of this ordinance are hereby repealed to the extent of such conflict. Ordinance #608T6 C1 C3 C4 C5 T7 C2 C4 C6 C7 C10Page 8of 10 45 of 76 46 Section 4: Severability. This ordinance is hereby declared to be severable. Should any portion of this ordinance be declared invalid by a court of competent jurisdiction, the remaining provisions shall continue in full force and effect and shall be read to carry out the purpose(s) of the ordinance before the declaration of partial invalidity. Section 5: Effective Date. This ordinance shall be effectiveon June15, 2018,upon its passage and publication as provided by law. th Enacted by the City Council as an ordinance of the City of Ammon on the 7day of June, 2018. th Approved by the Mayor on the 7day of June, 2018. CITY OF AMMON __________________________________ Sean Coletti, Mayor ATTEST: _______________________________ Rachael Sanders, City Clerk I, RACHAEL SANDERS, CITY CLERK OF THE CITY OF AMMON, IDAHO DO HEREBY CERTIFY; That the above and foregoing is a full, true and correct copy of the Ordinance entitled, AN ORDINANCE REPEALING, AMENDING AND READOPTING PORTIONS OF TITLE 6,HEALTH AND PUBLIC SAFETY, CHAPTER 1,GENERAL HEALTH REGULATIONS,CHAPTER 3, CHILDCAREREGULATIONS AND LICENSING, CHAPTER 4, FIREPITS AND OPEN FIRES, CHAPTER 5, EMS RADIO SYSTEM REQUIREMENTS, TITLE 7, BUILDING REGULATIONS, CHAPTER 2, ABATEMENT OF DANGEROUS BUILDINGS, CHAPTER 4, IDAHO STATE PLUMBING CODE, CHAPTER 6, NATIONAL ELECTRIC CODE, CHAPTER 7, INTERNATIONAL FIRE CODE, CHAPTER 10, FLOODPLAIN; OF THE CITY OF AMMON, PROVIDING FOR SEVERABILITY;REPEALING CONFLICTING ORDINANCES AND PROVIDING AN EFFECTIVE DATE. th DATED this 7day of June, 2018. ______________________________________ Rachael Sanders, City Clerk Ordinance #608T6 C1 C3 C4 C5 T7 C2 C4 C6 C7 C10Page 9of 10 46 of 76 47 CITY OF AMMON BONNEVILLE COUNTY, IDAHO SUMMARY OF ORDINANCE NO: #608 AN ORDINANCE REPEALING, AMENDING AND READOPTING PORTIONS OF TITLE 6,HEALTH AND PUBLIC SAFETY, CHAPTER 1, GENERAL HEALTH REGULATIONS,CHAPTER 3, CHILDCAREREGULATIONS AND LICENSING, CHAPTER 4, FIREPITS AND OPEN FIRES, CHAPTER 5, EMS RADIO SYSTEM REQUIREMENTS, TITLE 7, BUILDING REGULATIONS, CHAPTER 2, ABATEMENT OF DANGEROUS BUILDINGS, CHAPTER 4, IDAHO STATE PLUMBING CODE, CHAPTER 6, NATIONAL ELECTRIC CODE, CHAPTER 7, INTERNATIONAL FIRE CODE, CHAPTER 10, FLOODPLAIN; OF THE CITY OF AMMON, PROVIDING FOR SEVERABILITY;REPEALING CONFLICTING ORDINANCES AND PROVIDING AN EFFECTIVEDATE. Ammon Road, Ammon, Idaho. ATTEST:CITY OF AMMON _________________________________________________________________ Rachael Sanders,City ClerkSean Coletti, Mayor I have reviewed the foregoing summary and believe that it provides a true and complete summary of Ordinance #608and that the summary provides adequate notice to the public of the contents of this ordinance. th DATED this 7day of June, 2018. ________________________________ Scott Hall, City Attorney Ordinance #608T6 C1 C3 C4 C5 T7 C2 C4 C6 C7 C10Page 10of 10 47 of 76 48 ORDINANCE NO: #609AND SUMMARY AN ORDINANCE REPEALING, AMENDING AND READOPTING PORTIONS OF TITLE 8,PUBLIC UTILITES AND PROPERTY, CHAPTER 1, SEWER,CHAPTER 2, PARKS, CHAPTER 3, WATER SERVICE, CHAPTER 4, SANITATION, CHAPTER 5, PUBLIC RIGHT OF WAY CONSTRUCTION, CHAPTER 6, USE OF PUBLIC SIDEWALKS, CHAPTER 7, TREE ORDINANCE, CHAPTER 8, MAINTENANCE AND CONSTRUCTION OF SIDEWALKS AND CURBS, CHAPTER 9, FIBER OPTIC SYSTEM; OF THE CITY OF AMMON, PROVIDING FOR SEVERABILITY; REPEALING CONFLICTING ORDINANCES AND PROVIDING AN EFFECTIVE DATE. Imove that he City Council dispense with the rule requiring the reading of the ordinance on three different days and that the three readings be waived. ORDINANCE NO: #609AND SUMMARY AN ORDINANCE REPEALING, AMENDING AND READOPTING PORTIONS OF TITLE 8,PUBLIC UTILITES AND PROPERTY, CHAPTER 1, SEWER,CHAPTER 2, PARKS, CHAPTER 3, WATER SERVICE, CHAPTER 4, SANITATION, CHAPTER 5, PUBLIC RIGHT OF WAY CONSTRUCTION, CHAPTER 6, USE OF PUBLIC SIDEWALKS, CHAPTER 7, TREE ORDINANCE, CHAPTER 8, MAINTENANCE AND CONSTRUCTION OF SIDEWALKS AND CURBS, CHAPTER 9, FIBER OPTIC SYSTEM; OF THE CITY OF AMMON, PROVIDING FOR SEVERABILITY; REPEALING CONFLICTING ORDINANCES AND PROVIDING AN EFFECTIVE DATE. Imove the adoption of ordinance 609and summaryas an ordinance of the City of Ammon on its third and final reading. 48 of 76 49 CITY OF AMMON ORDINANCE #609 AN ORDINANCE REPEALING, AMENDING AND READOPTING PORTIONS OF TITLE 8,PUBLIC UTILITES AND PROPERTY,CHAPTER 1,SEWER,CHAPTER 2, PARKS, CHAPTER 3,WATER SERVICE, CHAPTER 4,SANITATION, CHAPTER 5, PUBLIC RIGHT OF WAYCONSTRUCTION, CHAPTER 6,USE OF PUBLIC SIDEWALKS, CHAPTER 7,TREE ORDINANCE, CHAPTER 8,MAINTENANCE AND CONSTRUCTION OF SIDEWALKS AND CURBS, CHAPTER 9, FIBER OPTIC SYSTEM;OF THE CITY OF AMMON, PROVIDING FOR SEVERABILITY; REPEALING CONFLICTING ORDINANCES AND PROVIDING AN EFFECTIVE DATE. BE IT ORDAINED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF AMMON, IDAHO THAT: Section 1: Title 8 Public Utilitiesand Properties Title 8, Chapter 1,Sewer,Section 2, Definitions, of the City Code of Ammon,a new definitionshall be adoptedto read as follows: A new definition EIRWWA: The Eastern Idaho Regional Waste Water Authority shall be added. Title 8, Chapter 1,Sewer,Section 2, Definitions, of the City Code of Ammon,the definition of NEW SOURCE shall be amended to read as follows: (A)Any building, structure, facility or installation from which there is (or may be) a discharge of pollutants, the construction of which commenced after the publication of proposed pretreatment standards under Section 307(C) of the Act which will be applicable to such source if such standards are thereafter promulgated in accordance with that section, provided that: 1.The building, structure, facility or installation is constructed at a site at which no other source is located; or 2.The building, structure, facility or installation is constructed at a site at which no other source is located; or 3.The production or wastewater generating processes of the building, structure, facility or installation are substantially independent of an existing source at the same site. In determining whether these are substantially independent, factors such as the extent to which the new facility is integrated with the existing plant, and the extent to which the new facility is engaged in the same general type of activity as the existing source, should be considered. (B)Construction on a site at which an existing source is located results in a modification rather than a new source if the construction does not create a new building, structure, facility orinstallation meeting the criteria of Section 1(b) or (c) above, but otherwise alters, replaces or adds to existing process or production equipment. (C)Construction of a new source as defined under this paragraph has commenced if the owner or operator has: 1.Begun, or caused to begin as part of a continuous onsite construction program: 2.Any placement, assembly or installation of facilities or equipment; or 3.Significant site preparation work including clearing, excavation or removal of existing buildings, structures, or facilities which is necessary for the placement, assembly or installation of new source facilities or equipment; Ordinance #609T8 C1 C2 C3 C4 C5 C6 C7 C8 C9Page 1of 20 49 of 76 50 4.Entered into a binding contractual obligation for the purchase of facilities or equipment are intended to be used in its operationwithin a reasonable time. Options to purchase or contracts which can be terminated or modified without substantial loss and contracts for fea- sibility, engineering and design studies do not constitute a contractual obligation under this paragraph. Title 8, Chapter 1,Sewer,Section 2, Definitions, of the City Code of Ammon,the definition SUPERINTENDENT shall be repealed. Title 8,Chapter1,Sewer, Section 6,Sewage to be Discharged into Wastewater Treatment System,of the City Code of Ammon, shall be amended to read as follows: All sanitary sewage, industrial wastes or other waters containing any pollutant shall be discharged into the POTW. No person shall otherwise dispose of sewage, wastes or polluted waters into the POTW unless expressly permitted by this chapter. Any violation of the provisions of this section shall be deemed to be a misdemeanor. Title 8, Chapter 1,Sewer, Section 7, Storm Water no Permitted in Sanitary Sewer, of the City Code of Ammon, shall be amended to read as follows: No person shall discharge or cause to be discharged any storm water, ground water, roof runoff, sub-surface drainage, cooling water or unpolluted water from any source other than the City water system, into the POTW. Any violation of the provisions of thissection shall be deemed to be an infraction. Title 8, Chapter 1,Sewer, Section 8, Unpolluted Water Discharged to Storm Drain, of the City Code of Ammon, shall be amended to read as follows: All storm water shall be discharged to such sewers as are expressly designated or approved by the City as storm drains, or to a natural outlet approved by the City. Industrial cooling water or unpolluted process water may be discharged upon approval of the City to a storm drain, combined sewer or natural outlet. Any violation of the provisions of this section shall be deemed to be an infraction. Title 8, Chapter 1,Sewer, Section 9, Prohibited Discharge, Sub-section B, Specific Prohibitions, Number 8, of the City Code of Ammon, shall be amended to read as follows: Trucked or hauled pollutants, except at discharge points designated by the City. Unless express permission is given in writing by the City Engineer or under written agreement by the City Council, any items related to this sub-section shall be transported to the POTW. Title 8, Chapter 1,Sewer, Section 9, Prohibited Discharge, Sub-section B, Specific Prohibitions, Number 10, of the City Code of Ammon, shall be amended to read as follows: Wastewater which imparts color which cannot be removed by the treatment process, such as, but not limited to, dye wastes and vegetable tanning solutions, which consequently imparts color to the treatment plant's effluent, thereby violating the EIRWWA NPDES permit that the City is operating under. Color in combination with turbidity shall not cause the treatment plant effluent to reduce the depth of the compensation point for photosynthetic activity by more than ten percent (10%) from the seasonably established norm for aquatic life. Title 8, Chapter 1,Sewer, Section 9, Prohibited Discharge, of the City Code of Ammon, the following sentence shall be added at the end of Section 9 to read as follows: Any violation of the provisions of this section shall be deemed to be a misdemeanor. Title 8, Chapter 1,Sewer, Section 12, Local Limits, of the City Code of Ammon, the following sentence shall be added at the end of Section 12 to read as follows: Any violation of the provisions of this section shall be deemed to be an infraction. Title 8, Chapter 1,Sewer, Section 19, Grease Traps Required (In Kitchen), of the City Code of Ammon, the following sentence shall be added at the end of Section 19 to read as follows: Any violation of the provisions of this section shall be deemed to be an infraction. Title 8, Chapter 1,Sewer, Section 20,Interceptors Required to Remove Harmful Ingredients (Exterior),of the City Code of Ammon, the following sentence shall be added at the end of Section 20to read as follows: Any violation of the provisions of this section shall be deemed to be an infraction. Ordinance #609T8 C1 C2 C3 C4 C5 C6 C7 C8 C9Page 2of 20 50 of 76 51 Title 8, Chapter 1,Sewer, Section 21, Connection to Sanitary Sewer Required, of the City Code of Ammon, shall be amended to read as follows: Every building or structure located within the City and from which any wastewater is discharged shall be connected to the public sanitary sewer if such sewer is within two hundred feet (200') of such building or structure. All connections to the sewer shall be made at the expense of the owner or person having control thereof. Any person who fails to make such connection within ninety (90) days after receiving a notice from the City advising him of the availability of the sewer, shall be guilty of an infraction. Title 8, Chapter 1,Sewer, Section 25, Permit Required to Work on Public Sewer,of the City Code of Ammon, shall be amended to read as follows: No person shall uncover, disturb, construct, repair or extend any part of the POTW without first obtaining a sewer service excavation permit. No person shall extend any private sewer or sewer service beyond the limits of the building or property for which a permit has been given without obtaining a permit for the desired extension. The issuance of a sewer service permit shall not be construed to permit any work for which a public right of way excavation permit is required by this Code. Said permit shall be considered issued for structure connections at such time as a capacity replacement fee has been paid along with the issuance of a building permit. Said permit shall be considered issued/approved for development extension of a main line/trunk line upon the City Engineer approval of the improvement drawings for a subdivision and/or development. Any violation of the provisions of this section shall be deemed to be an infraction. Title8, Chapter 1,Sewer, Section 26, Notice of Inspection, of the City Code of Ammon, shall be amended to read as follows: No person shall make connection to any public sewer without first giving advance notice to the Director or their designee a minimum oftwenty-four (24) hours prior to the time of making such connection, stating when such work will be ready for inspection. Any person desiring to lay or drive any pipe in a public street, alley or easement shall give at least twenty-four (24) hours' notice to the City. Notices given on any Saturday or legal holiday will not be accepted. No person shall cover any connection to the public sewer system within a trench prior to receiving the inspection required within this section. Any violation of the provisions of this section shall be deemed to be an infraction. Title 8, Chapter 1,Sewer, Section 29, Submission of Information, of the City Code of Ammon, shall be amended to read as follows: Plans, specifications and any other pertinent information relating to proposed pretreatment or processing facilities shall be submitted for approval to the City Engineer as the approving authority prior to the start of their con- struction if the effluent from such facilities is to be discharged into the public sewers. Title 8, Chapter 1,Sewer, Section 30, Injury to Sewerage System Unlawful, of the City Code of Ammon, shall be amended to read as follows: No person shall damage, break, remove or tamper with any portion of the POTW. No person shall deposit into the POTW any substance which will likely obstruct the flow of wastewater in the POTW. Any violation of the provisions of this section shall be deemed to be a misdemeanor. Title 8, Chapter 1,Sewer, Section 32,Accidental Discharges/Slug Control Plans,of the City Code of Ammon, the following sentence shall be added at the end of Section 32to read as follows: Any violation of the provisions of this section shall be deemed to be an infraction. Title 8, Chapter 1,Sewer, Section 33, Wastewater Discharge Permit Requirements, of the City Code of Ammon, the following sentence shall be added at the end of Section 33 to read as follows: Any violation of the provisions of this section shall be deemed to be an infraction. Title 8, Chapter 1,Sewer, Section 34, Wastewater Discharge Permitting: Existing SIU, of the City Code of Ammon, the following sentence shall be added at the end of Section 34 to read as follows: Any violation of the provisions of this section shall be deemed to be an infraction. Title 8, Chapter 1,Sewer, Section 35, Wastewater Discharge Permitting: New Source and New User, of the City Code of Ammon, the following sentence shall be added at the end of Section 35 to read as follows: Any violation of the provisions of this section shall be deemed to be an infraction. Title 8, Chapter 1,Sewer, Section 36, Wastewater Discharge Permitting: Extrajurisdictional Users, of the City Code of Ammon, the following sentence shall be added at the end of Section 36 to read as follows: Any violation of the provisions of this section shall be deemed to be an infraction. Ordinance #609T8 C1 C2 C3 C4 C5 C6 C7 C8 C9Page 3of 20 51 of 76 52 Title 8, Chapter 1,Sewer, Section 39, Wastewater Discharge Permit Decisions, of the City Code of Ammon, shall be amended to read as follows: The Public Works Director or their Designeewill evaluate the data furnished by the User and may require additional information. Within thirty (30) days of receipt of a complete wastewater discharge permit application, the Superintendent will determine whether or not to issue a wastewater discharge permit. Upon a determination to issue, the permit shall be issued within thirty (30) days of full evaluation and acceptance of the data furnished. The Public Works Director or their designee may deny any application for a wastewater discharge permit if the application fails to conform to this chapter in any respect. Title 8, Chapter 1,Sewer, Section 40, Wastewater Discharge Permit Contents, of the City Code of Ammon, shall be amended to read as follows: Wastewater discharge permits shall include such conditions as are reasonably deemed necessary by the Public Works Director or their designee to prevent pass through or interference, to protect the quality of the body of water receiving the treatment plant's effluent, to protect worker health and safety, to facilitate sludge management and disposal and to protect against damage to the POTW. (A)Wastewater discharge permits must contain the following conditions: 1.A statement that indicates the duration of the wastewater discharge permit, which in no event shall exceedfive (5) years; 2.A statement that the wastewater discharge permit is non-transferable without prior notification to and approval from the City, and provision for furnishing the new owner or operator with a copy of the existing wastewater discharge permit; 3.Applicable pretreatment standards and requirements, including any special state requirements; 4.Self monitoring, sampling, reporting, notification, submittal of technical reports, compliance schedules, and record-keeping requirements. These requirementsshall include an identification of pollutants to be monitored, sampling location, sampling frequency, and sample type based on federal, state, and local law; and 5.A requirement for immediate notification to the City where self-monitoring results indicate non-compliance; 6.A requirement to report a by-pass or upset of a pretreatment facility; 7.A requirement for a SIU who reports non-compliance to repeat the sampling and analysis and submit the results thereof to the City within 30 days after becoming awareof the violation; 8.A statement of applicable civil, criminal, and administrative penalties for violation of pretreatment standards and requirements, and any applicable compliance schedule. (B)Wastewater discharge permits may contain, but need not be limitedto, the following conditions: 1.Limits on the average or maximum rate of discharge, time of discharge, or requirements for flow regulation and equalization; 2.Requirements for the installation of pretreatment technology, pollution control, or construction of appropriate containment devices designed to reduce, eliminate, or prevent the introduction of pollutants into the treatment works; 3.Requirements for the development and implementation of spill control plans or other special conditions including management practices necessary to adequately prevent accidental, unanticipated, or routine discharges; 4.Development and implementation of waste minimization plans to reduce the amount of pollutants discharged to the POTW; 5.The unit charge or schedule of User charges and fees for the management of the wastewater discharge to the POTW; 6.Requirements for installation and maintenance of inspection and sampling facilities and equipment; 7.A statement that compliance with the wastewater discharge permit does not relievethe permittee of responsibility for compliance with all applicable federal and state pretreatment standards, including those which become effective during the term of the wastewater discharge permit; 8.Other conditions as deemed appropriate by the Superintendent to ensure compliance with this chapter and state and federal laws, rules, and regulations. Ordinance #609T8 C1 C2 C3 C4 C5 C6 C7 C8 C9Page 4of 20 52 of 76 53 Title 8, Chapter 1,Sewer, Section 44, Wastewater Discharge Permit Transfer, of the City Code of Ammon, shall be amended to read as follows: Wastewater discharge permits may be reassigned or transferred to a new owner or operator only if the permittee gives at least thirty (30) days' advance notice to the Public Works Director or their designee and the Public Works Director or their designee approves the wastewater discharge permit transfer. The notice to the Public Works Director or their designee must include a written certification by the new owner or operator which: (A)States that the new owner or operator has no immediate intent to change the facility's operations and processes; (B)Identifies the specific date on which the transfer is to occur; and (C)Acknowledges full responsibility for complying with the existing wastewater discharge permit. If such certification is delivered to the Public Works Director ortheir designee and there are no significant changes to the manufacturing operation or wastewater discharge, the new owner will be considered an existing User and be covered by the existing limits and requirements in the previous owner's permit. Failure to provide advance notice of a transfer renders the wastewater discharge permit voidable as of the date of facility transfer. Title 8, Chapter 1,Sewer, Section 47, Sampling Requirements for Users, of the City Code of Ammon, the following sentence shall beadded at the end of Section 47 to read as follows: Any violation of the provisions of this section shall be deemed to be an infraction. Title 8, Chapter 1,Sewer, Section 48, Analytical Requirements, of the City Code of Ammon, the following sentence shall be added at the end of Section 48 to read as follows: Any violation of the provisions of this section shall be deemed to be an infraction. Title 8, Chapter 1,Sewer, Section 50, Inspection and Sampling, of the City Code of Ammon, shall be amended to read as follows: The City shall have the right to enter the facilities of any User to ascertain whether the purposes of this chapter, and any wastewater discharge permit or order issued hereunder, are being met and whether the User is complying with allrequirements thereof. Users shall allow the Superintendent ready access to all parts of the premises for the purposes of inspection, sampling, records examination and copying and the performance of any additional duties. (A)Where a User has security measures in force which require proper identification and clearance before entry into its premises, the User shall make necessary arrangements with its security guards so that, upon presentation of suitable identification, the Public Works Director or their designee will be permitted to enter without delay for the purposes of performing specific responsibilities. (B)The Public Works Director or their designee shall have the right to set up on the User's property, or require installation of, such devices as arenecessary to conduct sampling or metering of the User's operations. (C)Any temporary or permanent obstruction to safe and easy access to the facility to be inspected or sampled shall be promptly removed by the User at the written or verbal request of the Public Works Director or their designee and shall not be replaced. The costs of clearing such access shall be borne by the User. (D)Unreasonable delays in allowing the Public Works Director or their designee access to the User's premises shall be a violation of this chapter. Any violation of the provisions of this section shall be deemed to be an infraction. Title 8, Chapter 1,Sewer, Section 51, Monitoring Facilities, of the City Code of Ammon, shall be amended to read as follows: (A)Each User shall provideand operate at its own expense a monitoring facility to allow inspection, sampling, and flow measurements of each sewer discharge to the City. Each monitoring facility shall be situated on the User's premises, except where such a location would be impractical or cause undue hardship on the User. (B)Ample room shall be provided in or near such sampling facility to allow accurate sampling and preparation of samples for analysis. The facility sampling and measuring equipment shall be maintained at all times in a safe and proper operating condition at the expense of the User. All monitoring facilities shall be constructed and maintained in accordance with all applicable local construction standards and specifications. Ordinance #609T8 C1 C2 C3 C4 C5 C6 C7 C8 C9Page 5of 20 53 of 76 54 (C)The Public Works Director or their designee may require the User to install monitoring equipment as necessary. The facility's sampling and monitoring equipment shall be maintained at all times in a safe and proper operating condition by the User at its own expense. All devices used to measure wastewater flow and quality shall be calibrated to ensure their accuracy. Any violation of the provisions of this section shall be deemed to be an infraction. Title 8, Chapter 1, Sewer, Section 52, Search Warrants, of the City Code of Ammon, shall be amended to read as follows: If the Public Works Director or their designee has been refused access to a building, structure or property, or any part thereof, and is able to demonstrate probable cause to believe that there may be a violation of this chapter, or that there is a need to inspect as part of a routine inspection program of the City designed to verify compliance with this chapter or any wastewater discharge permit or order issued hereunder, or to protect the overall public health, safety, and welfare of the community, then the Superintendent may seek issuance of a search or seizure warrant from a court of competent jurisdiction. Such warrant shall be served in the manner allowed by law. Title 8, Chapter 1, Sewer, Section 55,Notification of Violation, of the City Code of Ammon, shall be amended to read as follows: When the Superintendent finds that a User has violated or continues to violate any provision of this chapter, a wastewater discharge permit or order issued hereunder, or any other pretreatment standard or requirement, the Public Works Director or their designee may serve upon that User a written Notice of Violation, by certified letter. Within thirty (30) days of the receipt of this notice, an explanation of the violation and a plan for the satisfactory correction and prevention thereof, to include specific required actions, shall be submitted by the User to the Public Works Director or their designee. Submission of this plan in no way relieves the User of liability for any violation occurring before or after receipt of the Notice of Violation. Nothing in this section shall limit the authority of the City to take any action, including emergency actions or any other enforcement action, without first issuing a Notice of Violation. Title 8, Chapter 1, Sewer, Section 56,Consent Orders, of the City Code of Ammon, shall be amended to read as follows: The Public Works Director or their designee may enter into consent orders, assurances of voluntary compliance, or other similar documents establishing an agreement with any User responsible for non-compliance. Such documents will include specific action to be taken by the User to correct the non-compliance within a time period specified by the document. Such documents shall have the same force and effect as the administrative orders issued pursuant to Sections 8-1-58 and 8-1-59 of this chapter and shall be judicially enforceable. Use of a Consent Order shall not be a bar against, or prerequisite for, taking any other action against the User. Title 8, Chapter 1, Sewer, Section 57,Show Cause Hearing, of the City Code of Ammon, shall be amended to read as follows: The Public Works Director or their designee may order a User which has violated or continues to violate any provision of this chapter, awastewater discharge permit or order issued hereunder, or any other pretreatment standard or requirement, to appear before the Public Works Director or their designee and show cause why the proposed enforcement action should not be taken. Notice shall be served on the User specifying the time and place for the meeting, the proposed enforcement action, the reasons for such action, and a request that the User show cause why the proposed enforcement action should not be taken. The notice of the meeting shall be served personally or by registered or certified mail, return receipt requested, at least fifteen (15) days prior to the hearing. Such notice may be served on any Authorized Representative of the User. A show cause hearing shall not be a bar against, or prerequisite for, taking any other action against the User. Title 8, Chapter 1, Sewer, Section 58,Compliance Orders, of the City Code of Ammon, shall be amended to read as follows: When the Public Works Director or their designee finds that a User has violated or continues to violate any provision of this chapter, a wastewater discharge permit or order issued hereunder, or any other pretreatment standard or requirement, the Superintendent may issue an order to the User responsible for the discharge directing that the User come into compliance within a time specified in the order. If the User does not come into compliance within the time specified in the order, sewer service may be discontinued unless adequate treatment facilities, devices, or other related appurtenances are installed and properly operated. Compliance orders may also contain other requirements to address the non-compliance, including additional self-monitoring and management practices designed to minimize the amount of pollutants discharged to the sewer. Issuance of a compliance order shall not be a bar against, or a prerequisite for, taking any other action against the User. Title 8, Chapter 1, Sewer, Section 59,Cease and Desist Orders, of the City Code of Ammon, shall be amended toread as follows: When the Public Works Director or their designee finds that a User has violated, or continues to violate, any provision of this chapter, a wastewater discharge permit, or order issued hereunder, or any other pretreatment standard or requirement, or that the User's past violations are likely to recur, the Superintendent may issue an order to the User directing it to cease and desist all such violations and directing the User to: Ordinance #609T8 C1 C2 C3 C4 C5 C6 C7 C8 C9Page 6of 20 54 of 76 55 (A)Immediately comply with all requirements; and (B)Take such appropriate remedial or preventive action as may be needed to properly address a continuing or threatened violation, including halting operations or terminating the discharge. Title 8, Chapter 1, Sewer, Section 60,Violations, of the City Code of Ammon, shall berepealedin its entirety. Title 8, Chapter 1, Sewer, Section 62,Termination of Discharge (Non-Emergency), of the City Code of Ammon, shall be amended to read as follows: In addition to the provisions in Section 8-1-45 of this chapter, any User that violates any of the following conditions is subject to discharge termination: (A)Violation of wastewater discharge permit conditions; (B)Failure to accurately report the wastewater constituents and characteristics of its discharge; (C)Failure to report significant changes in operations or wastewater volume, constituents and characteristics prior to discharge; (D)Refusal of reasonable access to the User's premises for the purpose of inspection, monitoring or sampling; or (E)Violation of the pretreatment standards in Sections 8-1-9 through 8-1-21 this chapter. Such User will be notified of the proposed termination of its discharge and be offered an opportunity to show cause under Section 8-1-57 of this chapter why the proposed action should not be taken. Exercise of this option by the City shall not be a bar to, or a prerequisite for, taking any other action against the User. Any violation of the termination of the discharge provision of this section shall be deemed to be an infraction. Title 8, Chapter 1, Sewer, Section 64,Civil Penalties, of the City Code of Ammon, shall be amended to read as follows: (A)A user which has violated or continues to violate any provision of this chapter, a wastewater discharge permit, or order issued hereunder, or any other pretreatment standard or requirement shall be liable to the City for the actual damages sustained by the City or not less than a minimum civil penalty of $1,000 per violation, per day. In the case of a monthly or other long- term average discharge limit, penalties shall accrue for each day during the period of the violation. (B)The City many recover reasonable attorney fees, court costs and other expenses associated with enforcement activities, including sampling and monitoring expenses and the cost of any actual damages incurred by the City. (C)In determining the amount of civil liability, the Court shall take into account all relevant circumstances, including, but not limited to, the extent of harm caused by the violation, the magnitude and duration, any economic ben actions by the User, the compliance history of the User, and any other factor as justice requires. (D)Filing a suit for civil penalties shall not be a bar against, or a prerequisite for taking any other action against a User. Title 8, Chapter 1, Sewer, Section 65,Criminal Penalty, of the City Code of Ammon, shall be repealed in its entirety. Title 8, Chapter 1, Sewer, Section 71,Informant Rewards, of the City Code of Ammon, shall be repealed in its entirety. Title 8, Chapter 1, Sewer, Section 72,Contractor Listing, of the City Code of Ammon, shall be repealed in its entirety. Title 8, Chapter 1, Sewer, Section 77,Method of Computing Unit Charges, of the City Code of Ammon, shall be repealed in its entirety. Title 8, Chapter 1, Sewer, Section 78,Unit Charges, of the City Code of Ammon, shall be repealed in its entirety. Title 8, Chapter 1, Sewer, Section 79,Method of Industrial Waste Billing, of the City Code of Ammon, shall be repealed in its entirety. Title 8, Chapter 1, Sewer, Section 82,Classification of Users, of the City Code of Ammon, shall be repealed in its entirety. Title 8, Chapter 1, Sewer, Section 87,Delinquent Account,SERVICES THAT ALSO INCLUDE WATER, Sub-Section F,of the City Code of Ammon, shall be amended to read as follows: (F)Notice of shut off shall be posted at the residence/location stating the date that the shut off will be installed. Notice shall provide a copy of the approximate location of installation and informthe resident/responsible party to clear the location of the installation of any obstructions. Obstructions Ordinance #609T8 C1 C2 C3 C4 C5 C6 C7 C8 C9Page 7of 20 55 of 76 56 on the property, that would prohibit the installation of a new shut off on the date indicated, shall gnee and any expenses incurred for such removal shall be billed as part of the expense of installation against the property. Any violation of the provisions of this sub-section shall be deemed an infraction and shall be subject to penalties prescribed forsuch violations under section 1-4-2 of this code. Title 8, Chapter 1, Sewer, Section 87,Delinquent Account,SERVICES THAT ALSO INCLUDE WATER, Sub-Section H,of the City Code of Ammon, shall be amended to read as follows: (H)Reconnection by any person for any reason, other than an authorized City of Ammon employee shall be deemed a misdemeanor and shall be subject to the penalties prescribed for such violations under section 1-4-1 of this code. Title 8, Chapter 1, Sewer, Section 87,Delinquent Account,SERVICES THAT ALSO INCLUDE WATER, Sub-Section J,of the City Code of Ammon, shall be amended to read as follows: (J)All fees associated with the collection of a delinquent account shall be assessed to the utility account of the responsible person. Said feesshall include but not be limited to attorney fees, certified mailing, and serving fees. Title 8, Chapter 1, Sewer, Section 87,Delinquent Account,SERVICES THAT INCLUDE SEWER AND/OR GARBAGE ONLY, Sub-Section F,of the City Code of Ammon, shall be amendedto read as follows: (F)Reconnection by any person for any reason, other than an authorized City of Ammon employee shall be deemed an infraction and shall be subject to the penalties prescribed for such violations under section 1-4-2 of this code. Title 8,Chapter 1, Sewer, Section 87,Delinquent Account,SERVICES THAT INCLUDE SEWER AND/OR GARBAGE ONLY, Sub-Section H,of the City Code of Ammon, shall be amended to read as follows: (H)All fees associated with the collection of a delinquent account shall be assessed to the utility account of the responsible person. Said fees shall include but not be limited to attorney fees, certified mailing, and serving fees. Title 8, Chapter 1, Sewer, Section 91,Penalty, of the City Code of Ammon, shall be amended to read as follows: INFRACTION:Any violation of the provisions of this chapter deemed to be an infraction shall be subject to penalties prescribed for such violations under section 1-4-2 of this code, subject to the provisions of Idaho Code 18-111 and 18-113A. Any section of this chapter not designated a penalty classification otherwise shall be considered an infraction and subject to the penalty as stated in this section. MISDEMEANOR: Any violation of the provisions of this chapter deemed to be a misdemeanor shall be subject to penalties prescribed for such violations under section 1-4-1 of this code, subject to the provisions of Idaho Code 18-111 and 18-113. Title 8, Chapter 1, Sewer, Section 92,Failure to Provide Flow or Sampling Device, of the CityCode of Ammon, shall be amended to read as follows: In the event industrial/commercial users fail to have flow or sampling devices in proper operating condition for more than one (1) week, the City may discontinue city water service or remove or close sewer connections and enter upon the property for accomplishing such purposes. The expense of discontinuance, removal, or closing, as well as the expense of restoring service, shall be a charge to the user of such service and a debt due to the City. The City may recover such cost or take any other remedy or method for collection thereof as permitted by this Chapter. Any violation of the provisions of this section shall be deemed to be an infraction. Title 8, Chapter 1, Sewer, Section 93,Unauthorized Access to Manholes or UnauthorizedUse of System, of the City Code of Ammon, shall be amended to read as follows: No person shall remove any manhole cover and/or enter into the system without authorization from the Public Works Director, the City Engineer or their designee. Any unauthorized discharge into the system or removal of any manhole cover shall be considered an unauthorized use of the system. Any violation of the provisions of this section shall be deemed to be a misdemeanor. Title 8, Chapter 2,Parks,of the City Code of Ammon, shall be repealed and re-adopted to read as follows: 8-2-1:HOURS OF OPERATION:The Ammon city parks shall be opened daily to the public between the hours of 5 AM and 11 PM. It shall be unlawful for any person, or persons(other than city personnel conducting city business) to occupy or be present in any park in the City of Ammon during any hours in which the parks are not open to the public. Violation of this section shall be deemed an infraction. Ordinance #609T8 C1 C2 C3 C4 C5 C6 C7 C8 C9Page 8of 20 56 of 76 57 8-2-2:OPERATION OF CONCESSION: (A)Concessionaire shall be defined as any person or business that sells or offers goods for sale within a public park of the City of Ammon (B)No person shall sell or offer for sale any food, beverage, or candy within a public park, except for persons operating under a concession agreement approved by the Council. Any violation of the provisions of this section shall be deemed to be an infraction. 8-2-3:AMUSEMENTS: No person shall operate or cause to be operated any amusement ride, device, mechanical or electronic game or machine, carnival, show, or exhibit of any kind for pecuniary gain in any public park, except persons operating under a concession or lease agreement approved by the Council. Any violation of the provisions of this section shall be deemed to be an infraction. 8-2-4:PLANTING OR REMOVAL OF SHRUBS: No trees, shrubs, or vines shall be planted in the parks of the City, nor shall any trees, shrubs, or vines be cut down or removed there from, without the consent of the Cityof Ammon. Any violation of the provisions of this section shall be deemed a misdemeanor. 8-2-5:DEFACING PUBLIC BUILDINGS OR OTHER STRUCTURES: It shall be unlawful for any person, firm, or corporation using the public parks, grounds, buildings, or other facilities of the City of Ammon to either perform or permit to be performed any of the following acts: Willfully mark, deface, disfigure, injure, tamper with, or displace or remove any building, bridges, tables, benches, fireplaces, railings, paving or paving material, waterlines or other public utilities or parts or appurtenances thereof, signs, notices or placards, whether temporary or permanent, monuments, stakes, posts, or other boundary markers, or other structures or equipment, facilities, or park property or appurtenances whatsoever, either real or personal. Any violation of the provisions of this chapter shall be deemed a misdemeanor. 8-2-6:LEAVING OR DEPOSITING REFUSE IN PUBLIC PARKS: It shall be unlawful for any person, firm, or corporation using the public parks, grounds, buildings, or other facilities of the City of Ammon to bring in or dump, deposit, or leave any bottles, broken glass, ashes, paper, boxes, cans, dirt, rubbish, waste, garbage, refuse, or other trash. No such refuse or trash shall be placed in any waters in or contiguous to any public park or building, or left anywhere on the grounds thereof, but shall be placed in the proper receptacles where these are provided; where receptacles are not so provided, all such rubbish or waste shall be carried away from the park by the person responsible for its presence, and properly disposed of elsewhere. Any violation of the provisions of this chapter deemed to be a misdemeanor 8-2-7:CAUSING DISTURBANCES OR USING OBSCENITIES: It shall be unlawful for any person using the public parks, grounds, buildings, or other facilities of the City of Ammon to disturb the peace, or use any obscene language. Any violation of the provisions of this section shall be deemed to be an infraction. 8-2-8:POSSESSING OR CONSUMING ALCOHOLIC BEVERAGES: It shall be unlawful for any person, firm, or corporation using the public parks, grounds, buildings, or other facilities of the City of Ammon to carry, possess, or drink alcoholic beverages. Any violation of the provisions of this section shall be deemed to be an infraction pursuant to section 1-4-2 of the Ammon City Code. 8-2-9:SMOKING RESTRICTED:It shall be unlawful for any person to smoke, in any form within a park located in the Cityof Ammon. Any violation of the provisions of this section shall be deemed to be an infraction pursuant to section 1-4-2 of the Ammon City Code. 8-2-10:MOTOR VEHICLES PROHIBITED:It shall be unlawful to drive or park any motor driven vehicle excepton a street, driveway or parking lot in any City of Ammon park; or to leave any such vehicle in any place other than established for public parking, without a written permit from the City of Ammon. Violation of this section shall be deemed an infraction. Any violation of the provisions of this chapter shall be deemed a misdemeanor. Ordinance #609T8 C1 C2 C3 C4 C5 C6 C7 C8 C9Page 9of 20 57 of 76 58 8-2-11:VIOLATING POSTED RULES: It shall be unlawful for any person, firm, or corporation using the public parks, grounds, buildings, or other facilities of the City of Ammon to violate any posted rule for the use of public parks and buildings or other facilities made or approved by the Department of Parks and Recreation. Any violation of the provisions of this section shall be deemed to be an infraction. 8-2-12:PENALTY: Penalties for violations within this chapter shall be as follows: INFRACTION:Any violation of the provisions of this chapter deemed to be an infraction shall be subject to penalties prescribed for such violations under section 1-4-2 of this code, subject to the provisions of Idaho Code 18-111 and 18-113A. MISDEMEANOR: Any violation of the provisions of this chapter deemed to be a misdemeanor shall be subject to penalties prescribed for such violations under section 1-4-1 of this code, subject to the provisions of Idaho Code 18-111 and 18-113. Title 8, Chapter 3,Water Service,Section 8, Waste Prohibited, of the City Code of Ammon, shall be amended to read as follows: It shall be unlawful for any water user to waste water or allow it to be wasted by improper use or by faulty facilities. Irrigation by open hoses is prohibited. Any violation of the provisions of this section shall be deemed to be an infraction. Title 8, Chapter 3,Water Service,Section 9, Mayor May Limit Use of Water, of the City Code of Ammon, shall be amended to read as follows: In times of, or in anticipation of, scarcity of water, or when the Water Department is unable to furnish a sufficient supply of water, the Mayor may by public proclamation limit the use of water to such extent as may be necessary for the public good. Such proclamation shall be published in two (2) consecutive issues of the official newspaper, and after such publication, the proclamation shall have the same force and effect as a City ordinance. Any violation of the provisions of this section shall be deemed to be an infraction. Title 8, Chapter 3,Water Service,Section 10, Inspection of Premises, of the City Code of Ammon, shall be amended to read as follows: Free access for inspection shall,upon such reasonable notice as the circumstances permit, be allowed to the Public Works Director or their Designee of the Water Department or to any other authorized person to all places supplied with water from the City water system. Any violation of the provisions of this section shall be deemed to be an infraction. Title 8, Chapter 3,Water Service,Section 11, Permits and Service Connection Fees,of the City Code of Ammon, shall be amended to read as follows: It shall be unlawful to install, alter or connect any water service within the City to any water line within the City without first obtaining a permit from the City and paying the service connection fees set forth in this chapter. Applications for water service shall be made at the office of the Director of Public Works. Any violation of the provisions of this chapter deemed to be a misdemeanor. Title 8, Chapter 3,Water Service,Section 13, Extension of Water Mains Outside City, of the City Code of Ammon, shall be amended to read as follows: Water mains shall not, without the approval of the Council, be extended outside the corporate limits of the City, unless adequate excess water is available for such service. Such agreements shall specifically reserve the right to terminate such service without cause at any time upon at least thirty (30) days advance written notice. Any violation of the provisions of this section shall be deemed to be a misdemeanor Title 8, Chapter 3,Water Service,Section 22, Permit Required, of the City Code of Ammon, shall be amended to read as follows: No person shall dig into the streets or under the sidewalk for the purpose of laying, removing, or repairing any water line without first obtaining a permit issued in accordance with Chapter 5 of this Title. Any violation of the provisions of this section shall be deemed to be an infraction. Title 8, Chapter 3,Water Service,Section 24, Permit to do Plumbing, of the City Code of Ammon, shall be amended to read as follows: No plumber or other person shall make any connections to a City main or make alterations in any conduit, pipe, or other fixture connecting thereto, or connect pipes where they have been disconnected, or turn water off or on at the curb stop supplying any premises without first obtaining a permitfrom the City. If such work requires excavation within a public right of way, such person shall also obtain a permit under Chapter 5 of this title. Ordinance #609T8 C1 C2 C3 C4 C5 C6 C7 C8 C9Page 10of 20 58 of 76 59 Any violation of this section shall be prosecuted according to the most current Plumbing Code penalty provisions adopted by the City within Title 7, Chapter 4. Title 8, Chapter 3,Water Service,Section 26, Tampering Unlawful, of the City Code of Ammon, shall be amended to read as follows: It shall be unlawful to damage, adjust, or tamper with any portion of the City Water System or appurtenances, whether located upon public or private property, without having first obtained the express permission of the City. If any person damages the water system or in any way causes the City to expend extraordinary costs as a result of such unlawful acts, the City may assess and collect the same from the person committing the same, or from the parent or guardian of any minor who commits such acts. Such amounts may be included upon the customer's regular monthly billing statement for water service, and upon the customer's failure or refusal to pay the same, water service may be terminated in accordance with the procedures set forth in this chapter. Any violation of the provisions of this section shall be deemed to be a misdemeanor. Title 8, Chapter 3,Water Service,Section 34,Delinquent Accounts, Sub-Section H, of the City Code of Ammon, shall be amended to read as follows: (H)Reconnection by any person for any reason, other than an authorized City of Ammon employee shall be deemed an infraction and shall be subject to the penalties established within the City Code. Title 8, Chapter 3,Water Service,Section 34, Delinquent Accounts, a new Sub-Section J, of the City Code of Ammon, shall be adoptedto read as follows: (J)Allfees associated with the collection of a delinquent account shall be assessed to the utility account of the responsible person. Said fees shall include but not be limited to attorney fees, certified mailing, and serving fees. Title 8, Chapter 3,Water Service,Section 39, Fire Service Connection, of the City Code of Ammon, shall be amended to read as follows: No fire service connection shall be made without first obtaining a plumbing permit and all other related permits necessary for said connection or construction. Detail plans showing piping, valves, automatic sprinklers and other outlets, valves or appurtenances shall be submitted as part of an application. All fire service connections between water mains and property lines shall be installed and maintained by the property owner. No fire service connection may be used for domestic purposes or any purpose other than for fire protection. Any violation of this section shall be prosecuted according to the most current Plumbing Code penalty provisions adopted by the City within Title 7, Chapter 4. Title 8, Chapter 3,Water Service,Section 40, Fire Hydrants, of the City Code of Ammon, shall be amended to read as follows: FIRE HYDRANTS (USE PERMIT REQUIRED): All public fire hydrants shall be maintained by the Water Department. Firefighters shall have access to all fire hydrants connected to the city water system in relationship to the performance of their duties as a firefighter. No other person shall draw or attempt to draw any water from a fire hydrant unless he has applied for and received a permit from the City. This permit shall be kept within the vehicle and available for inspection by City Officials as required during all times water is being drawn from any fire hydrant connected to the city water system. In addition to a permit all equipment required by the City to prevent accidental contamination of the city water system shall be used at all times while drawing from any hydrant connected to the city water system. The fee for said permit shallbe determined by a schedule of fees adopted by the City Council by resolution which may be amended from time to time. EXEMPTION:Contractors performing work as part of a contract with the City of Ammon shall be exempt from the fee for said permit forthe term of the contract. A permit shall be issued at no charge for each vehicle to be used by the contractor as part of the contract after approval by the appropriate City Department Head. All other requirements of this chapter shall apply to contractors performing work for the City of Ammon. Any violation of the provisions of this section shall be deemed to be an infraction. Title 8, Chapter 3,Water Service,Section 41, Unlawful Contamination or Cross-Connections, of the City Code of Ammon, shall be amended to read as follows: Cross-connection control shall be provided in accordance with adopted codes and ordinances. No person shall install any water operated equipment or mechanism, or use any water-treating chemical or substance, if it is found that such equipment, mechanism, chemical, or substance may cause pollution or contamination of the domestic water supply. Such equipment or mechanism may be permitted only when equipped with an approved backflow prevention device or assembly. Prior toinstallation of such equipment a permit shall be applied for and approved by the City Engineer and inspected by the City Plumbing Inspector. Any violation of the provisions of this section shall be deemed to be an infraction. Ordinance #609T8 C1 C2 C3 C4 C5 C6 C7 C8 C9Page 11of 20 59 of 76 60 Title 8, Chapter 3,Water Service,Section 42, Backflow Prevention Devices, Sub-Section C, of the City Code of Ammon, shall be amended to read as follows: In all cases where a backflow prevention device is required, the owner, tenant, occupant, or lessee of the property shallapply in writing to the City Building Department for a plumbing permit, specifying the type and location of such assembly or assemblies. It shall be unlawful to install, relocate, or remove a backflow prevention device or assembly without a permit. Anyviolation of the provisions of this section shall be deemed to be an infraction. Title 8, Chapter 3,Water Service,Section 43, Inspection of New Construction, ofthe City Code of Ammon, shall be amended to read as follows: No building, improvement, orother structure shall be connected to the City water supply unless such structure has been inspected by the Building Official or other authorized officer of the City and found to be in compliance with all City adopted codes governing crossconnection control. Any violation of this section shall be prosecuted according to the most current Plumbing Code penalty provisions adopted by the City within Title 7, Chapter 4. Title 8, Chapter 3,Water Service,Section 44, Inspection of Existing Buildings, Structures, or Improvements and Termination of Water Supply, ofthe City Code of Ammon, shall be amended to read as follows: Inspections by the City or its authorized agent may be made of any existing buildings, structures, or improvements of any nature receivingwater from the City supply. The Public Works Director or their designee shall make an inspection of any building, improvement, or structure of any nature receiving water from the City water supply if there is cause to believe that a cross-connection exists or that a backflow prevention device should be installed pursuant to this Chapter. Whenever a cross connection or other source of contamination to the water supply is found, or it is determined that a backflow prevention device is necessary, the cross-connection shall be immediately eliminated or the City shall cease delivery of water to such premises and the water supply shall not be resumed until the cross-connection or source of contamination is eliminated or a backflow prevention device has been installed and tested in accordance with this Chapter. Title 8, Chapter 3,Water Service,Section 45, Violations and Penalties, ofthe City Code of Ammon, shall be amended to read as follows: Any violation of the provisions of this chapter deemed to be an infraction shall be subject to penalties prescribed for such violations under section 1-4-2 of this code and Idaho Code 18-113A. Each day such violation continues, shall be a separate violation, which shall be deemed as a separate infraction and a citation may be issued therefore. Violations shall be assessed on a per violation per day basis and may be assessed at increasing levels of infractions pursuant to section 1-4-2 of this code. Any violation of the provisions of this chapter deemed a misdemeanor shall be subject to penalties prescribed for such violations under section 1-4-1 of this code and Idaho Codes 18-113 and 18-303. Each day such violation continues, shall be a separate violation, which shall be deemed as a separate misdemeanor and a citation may be issued therefore. Violations shall be assessed on a per violation per day basis. Title 8, Chapter 3,Water Service,Section 48, Private Wells Prohibited, ofthe City Code of Ammon, shall be amended to read as follows: It shall be a violation of this Code for any person to drill a well for private use within the City limits of the City of Ammon. without the written permission of the City Council after a recommendation from the City Engineer. Any request for a private well shall be presented in writing, to the City Engineer detailing the reason, use and purpose of a private well. The City Engineer shall review the request and submit a recommendation to the City Council at a City Council meeting held within thirty (30) days of the request. Any wellpreviously approved or annexed shall be allowed to continue to operate within the terms of any agreements pertaining to said well. (A)Any property that contains an existing well that is being annexed to or developed within the City limits shall present a proposal for the well to be phased out. The requirements shall be determined by the City Engineer with final approval of the City Council. (B)Any water rights attached to a private well that is abandoned within the City limits of Ammon shall be transferred to the City of Ammon at the time of abandonment, provided State of Idaho regulations allow for such transfer. Any violation of the provisions of this chapter deemed to be a misdemeanor. Title 8, Chapter 3,Water Service,Section 49, Failure to Register for Services, ofthe City Code of Ammon, shall be amended to read as follows: It shall be unlawful for any person or business to operate or use the services of the City without first entering into a contract with the City for said services. In the eventa person or business begins using services prior to entering into said contract, the City shall immediately notify the property owner that services will be discontinued to the Ordinance #609T8 C1 C2 C3 C4 C5 C6 C7 C8 C9Page 12of 20 60 of 76 61 property effective five (5) working days after notification unless all previousbillings, fines, fees and deposits have been collected by the City. (A)Previous billings shall include billings to the person or business backdated to the closest determinable date of occupation of the property. (B)Fines and fees shall include those assessed by any department of the City, with jurisdiction, related to occupation of a building without the proper authority or approvals, including, but not limited to, shut off fees or certificate of occupancy violations. (C)Deposits shall include the related deposits required to initiate services within the City, as they may apply to each applicant. Any violation of the provisions of this section shall be deemed to be an infraction. Title 8, Chapter 4,Sanitation, Section 4, ofthe City Code of Ammon, shall berepealed in its entirety. Title 8, Chapter 4,Sanitation, Section 5, ofthe City Code of Ammon, shall be repealed in its entirety. Title 8, Chapter 4,Sanitation,Section 6, Unlawful Use of Refuse Containers, ofthe City Code of Ammon, shall be amendedto read as follows: It shall be unlawful for any person to deposit refuse into any waste container assigned to a property owned or leased by another without the express or implied permission of the owner or lessee of said property. It shall further be unlawful for any person to remove a waste container from the property to which it is assigned. Any violation of this section shall be deemed an infraction and subject to section 1-4-2 of the Ammon City Code. Title 8, Chapter 4,Sanitation,Section 8, Removal of Waste, ofthe City Code of Ammon, shall be amended to read as follows: The Sanitation Department will remove waste deposited in residential and commercial waste containers in accordance with the provisions of this chapter. The Sanitation Department may decline to remove waste from any container which does not meet the requirements of this chapter or waste which is not placed in such waste containers. Notwithstanding such removal, every occupant of a residential and commercial property shall have the obligation to remove all waste accumulating on property under his or her control, in accordance with Section 5-9- 13 of the Ammon City Code. Title 8, Chapter 4,Sanitation,Section 11, Use of Containers, ofthe City Code of Ammon, shall be amended to read as follows: The City shall not provide pickup service to any container not provided by the City. Title 8, Chapter 4,Sanitation,Section 13, Collection of Waste Containers, ofthe City Code of Ammon, shall be amended to read as follows: The Sanitation Department will collect waste containers in accordance with a collection schedule established and promulgated by the Sanitation Department. Occupants needing more frequent removal of waste may request such removal from the Sanitation department, and the removal will be provided in accordance with the Schedule of rates established by the City Council by resolution which may be amended from time to time. All waste containers shall be placed adjacent to the private drive of any premises on the day scheduled for pickup, or if the premises are not adjacent to a private drive, then at the street curb (street surface), on the morning of the day scheduled for collection no later than 8AM. All empty waste containers shall be removed and stored on each premises private property off of the street/sidewalk within twenty-four (24) of the removal of waste from the container. Title 8, Chapter 4,Sanitation,Section 15, Scattering of Waste, ofthe City Code of Ammon, shall be amended to read as follows: It shall be unlawful to scatter the contents of any waste container upon any street, alley, or public park within the City. Any violation of this section shall be deemed an infraction and subject to section 1-4-2 of the Ammon City Code. Title 8, Chapter 4,Sanitation,Section 16, Commercial Sanitation Services Prohibited, ofthe City Code of Ammon, shall be amended to read as follows: It shall be unlawful for any person to conduct, engage, or otherwise participate in any private business undertaking or enterprise for the removal or disposal of waste for pecuniary gain or profit. Nothing herein shall prohibit the use of waste for recycling purposes by any licensed recycling business; salvage yard, second-hand dealer, or other similarly licensed enterprise. Any violation of this section shall be deemed an infraction and subject to section 1-4-2 of the Ammon City Code. Title 8, Chapter 4,Sanitation,Section 16, Commercial Sanitation Services Prohibited, a new Sub-Section F, ofthe City Code of Ammon, shall be adoptedto read as follows: All fees associated with the collection of a delinquent account shall be assessed to the utility account of the Ordinance #609T8 C1 C2 C3 C4 C5 C6 C7 C8 C9Page 13of 20 61 of 76 62 responsible person. Said fees shall include but not be limited to attorney fees, certified mailing, and serving fees. Title 8, Chapter 4,Sanitation, Section 20, Violations,ofthe City Code of Ammon, shall be amended to read as follows: Any violation of the provisions of this chapter deemed to be an infraction shall be subject to penalties prescribed for such violationsunder section 1-4-2 of this code, subject to the provisions of Idaho Code 18-111 and 18-113A. Each day of the violation shall be considered a separate offense and shall be punishable by separate fines and imprisonment as provided for herein. Title 8, Chapter 5,Public Right of Way Construction, Section 2, Permit Required,ofthe City Code of Ammon, shall be amended to read as follows: No person shall engage in any construction, repair, improvement or excavation in any street, alley, easement, or other public right of way within the City without first obtaining a permit to be approved by the City Engineer or their designee and issued by the City Clerk or their designee for such construction, repair, improvement or excavation. The issuance of a permit by the City and the acceptance of said permit by the licensee shall constitute acceptance by the licensee of all provisions of this chapter in addition to all obligations created by the enactment of this chapter. Exceptions: Unless facts exist which wouldreasonably cause an excavator to believe that an underground facility exists within the depth of the intended excavation, a permit shall not be required for the following excavations: (A)The tilling of soil to a depth of less than 15 inches for agriculturalpurposes; (B)For placement of highway guardrail posts, sign posts, delineator posts, culverts, electric poles, telephone poles, and traffic control device supports in the same approximate location and depth of the replaced item within a public highway rightof way. Any violation of the provisions of this section shall be deemed to be an infraction and subject to section 1-4-2 of the Ammon City Code. Title 8, Chapter 6,Use of Public Sidewalks, Section 11, Violations and Penalties,ofthe City Code of Ammon, shall be amended to read as follows: Any violation of the provisions of this chapter shall be deemed an infraction and shall be subject to penalties prescribed for such violations under section 1-4-2 of this code, subject to the provisions of Idaho Code 18-111 and 18-113A. Each day of the violation shall be considered a separate offense and shall be punishable by separate fines and imprisonment as provided for herein. Title 8, Chapter 7,Ammon Tree Ordinance, Section 14, Violations and Penalties,ofthe City Code of Ammon, shall be amended to read as follows: Any violation of the provisions of this chapter shall be deemed an infraction and shall be subject to penalties prescribed for such violations under section 1-4-2 of this code, subject to the provisions of Idaho Code 18-111 and 18-113A. Each day of the violation shall be considered a separate offense and shall be punishable by separate fines and imprisonment as provided for herein. In addition to any criminal penalties that may be imposed, the City of Ammon may pursue civil penalties and restitution for actual damages as defined in section 8-7-13. Title 8, Chapter 8,Maintenance and Construction of Sidewalks and Curbs, ofthe City Code of Ammon, shall be repealed and re-adopted toread as follows: 8-8-1:DUTY OF PROPERTY OWNERS: Any person who owns real property within the City shall be responsible for all maintenance and construction of sidewalks and curbs adjacent to said property. A.The property owner or their designee shall remove any snow, ice, or other unsafe condition upon any sidewalk, curb, and gutter abutting his or her property within 72 hours of occurrence or notice thereof. Any violation of the provisions of this sub-section shall be deemed an infraction and subject to section1- 4-2 of the Ammon City Code. B.The property owner of real property within the city or their designee shall maintain and replace any deteriorated sidewalk curb and gutter abutting his/her property within 30 days of order regarding construction or maintenance received from the city. 8-8-2:ORDER FOR CONSTRUCTION OR MAINTENANCE: The City may order any person who fails to perform his or her duty under section 8-8-1-B, upon a finding that such sidewalk, curb, and gutter have not been constructed or maintained in accordance with the provisions of this chapter. Upon the issuance of such order, the City shall serve a notice advising the owner of such property of such owner's violation of this chapter. Notice shall be considered served when one or both of the following requirements are met: A.The notice shall be served upon the owner by depositing the same into the United States mail, certified mail, return receipt requested, postage prepaid, and addressed to the owner at the last known address or address shown on the assessment rolls of Bonneville County. Ordinance #609T8 C1 C2 C3 C4 C5 C6 C7 C8 C9Page 14of 20 62 of 76 63 B.If the owner is unknown or cannot be located notice shall be published for two (2) consecutive issues in an official newspaper of the City. If the owner is unknown, said publication shall designate the owner as character of the improvement(s) required, and proof of any such publication shall be filed with the City Clerk. Such notice shall advise the owner that if the sidewalk and curb and gutter are not constructed or maintained in accordance with the provisions of this chapter within thirty (30) days after the date of such notice, the City Council may order that such work be accomplished, and the costs thereof be assessed against the real property adjacent to such sidewalk and curb and gutter. 8-8-3:SPECIAL ASSESSMENT: In the event any property owner fails to install or maintain the sidewalk and curb and gutter adjacent to the owner's property within thirty (30) days after a notice is mailed to the owner in accordance with the preceding section, the City Council may cause the work to be accomplished and charge the reasonable cost therefore against the owner of such property. Upon completion of the work,the City Council shall send a Notice of Assessment to the property owner advising the owner of the amount of the costs incurred in performing such work and advising the owner that if such amount is not paid within thirty (30) days after the date of such notice a special assessment will be made against such property in the manner permitted by law, and that twenty-five percent (25%) of the amount thereof will be added to such amounts as a penalty. Such notice shall be mailed to the property owner in the manner set forth in the preceding section. In the event the property owner fails to pay such amount prior to expiration of thirty (30) days from the date the notice was mailed, the City Engineer shall certify to the City Council the amount of such costs incurred, and the Council may then order the City Treasurer to cause a special assessment to be levied and assessed against the property in the amount of such costs, together with the twenty-five percent (25%) penalty, in the manner set forth in Idaho Code Section 50-1008. 8-8-4:CONSTRUCTION SPECIFICATIONS: The construction of all sidewalks, curbs, and gutters shall be in accordance with the City Standard Drawings and Engineering Specifications. 8-8-5:PERMIT FOR TRAP DOORS: It shall be unlawful to construct, maintain, or operate any trap door, opening, grating, or other opening within or upon a public sidewalk, without an approval in writing of the City Engineer or his/her designee. Any violation of the provisions of this section shall be deemed an infraction and subject to section 1-4-2 of the Ammon City Code. 8-8-6:OPENINGS IN SIDEWALKS: It shall be unlawful for any person to fail or neglect to maintain any trap door, opening, or grating approved by the City Engineer, or to fail or neglect to keep the same securely closed while any doors covering the same are not in use, or to take all reasonable and necessary safety precautions to prevent harm and injury to person or property. All openings for elevators, coal chutes, or service entrances or openings of any kind within a public sidewalk shall be constructed and installed in such manner as to prevent entry of storm waters or floods from the street or sidewalk. Any violation of the provisions of this section shall be deemed an infraction and subject to section 1-4-2 of the Ammon City Code. 8-8-7:COVERINGS UPON SIDEWALKS: All sidewalk doors, coal chutes, and coverings and supports therefore shall be made of steel or cast iron, shall be placed flush with the sidewalk surface, shall have a corrugated surface or other finish that will prevent slippage thereupon, and shall be so constructed as to support a load of not less than 200 pounds per square foot. 8-8-8:PENALTY:Any violation of the provisions of this chapter shall be deemed an infraction and shall be subject to penalties prescribed for such violations under section 1-4-2 of this code, subject to the provisions of Idaho Code 18-111 and 18-113A. Each day of the violation shall be considered a separate offense and shall be punishable by separate fines as provided for herein. Title 8, Chapter 9,Fiber Optic System, ofthe City Code of Ammon, shall be repealed and re-adoptedto read as follows: 8-9-1: PURPOSE: The purpose of this Chapter is to establish a City owned Fiber Optic System which provides broadband access to meet the needs of: A.City Departments B.Public Safety Organizations C.Other Publicly Owned and Operated Facilities D.Community Anchor Institutions E.Businesses F.Residents To protect the public right-of-way by improving both the management and regulation of competing demands through the elimination of duplicate fiber optic facilities within the public right-of-way. Ordinance #609T8 C1 C2 C3 C4 C5 C6 C7 C8 C9Page 15of 20 63 of 76 64 To protect the economic vitality of the City by providing the broadband transport service and fiber facilities leasing required by broadband service providers. To reduce the cost of maintaining the sidewalk, pavement and public facilities located within the public right-of- way by minimizing the number of pavement cuts and dislocation of other public facilities necessitated by the construction or installation of fiber optic facilities. To foster competition among retail broadband service providers by providing open Access to the City Fiber Optic System. To protect the cost of broadband services by eliminating anti-competitive pricing schemes or monopolistic practices which contribute to higher costs for broadband services. To protect the ability of retail broadband service providers to reach subscribers and provide service without undue competition or regulation by a tax-supported entity. 8-9-2:DEFINITIONS: Certain terms used in this chapter shall have the meanings ascribed below: ACCESS:Access to or use of the Fiber System in the form of either broadband transport service or Dark Fiber leasing. CITY:The City of Ammon, Idaho. CUSTOMER:A retail or wholesale user of the Fiber Optic System. DARK FIBER:A single fiber strand without any light flowing through it. DEMARCATION POINT:The point of connection on an Optical Network Terminal or Network Interface use. DIRECTOR:The Director of the Ammon Technology Department, or his or her appointed designee. FIBER OPTIC SYSTEM:The City owned Fiber Optic System, including all fiber, facilities, equipment and appurtenances. PLANT:A single fiber running from point to point provided to a Customer as a Dark Fiber lease. PROVIDER:A retail broadband service provider. SERVICE:Any future or current, retail or customer broadband service which may be transported utilizing the Fiber Optic System. SUBSCRIBER:A current or potential Provider Customer. TRANSPORT:Broadband transport service consisting of Ethernet services as supported by the City Fiber System. 8-9-3: OWNERSHIP, CONTROL AND MANAGEMENT: The City shall have exclusive and complete ownership, control and management of the Fiber Optic System within all Demarcation Points, which shall include the device or interface provided for interconnection. The City may make such rules and regulations as are necessary for the operation of the Fiber Optic System both inside and outside the City limits. 8-9-4: NO OBLIGATION TO SERVE: The City shall have an obligation to provide Access to any provider or subscriber. The City shall not be obligated to construct extensions or install additional facilities necessary to meet a Customer's needs, except as explicitly authorized by the Director. The City reserves the right to limit or refuse Access at its sole discretion, provided access shall not be denied or limited on the basis of race, religion, age, national origin or gender. 8-9-5: APPLICABILITY: The provisions of this chapter shall apply only to the Fiber Optic System. Nothing herein shall be construed or deemed to regulate the delivery of communications or data services over or across lines, facilities, or equipment owned by a private communications provider, or which may be located in the public right-of-way pursuant to a franchise, lease, or other license or privilege granted by the City. 8-9-6: TRANSFER OF RIGHTS PROHIBITED: All rights to Access and any rights or privileges arising under the provisions of this Chapter shall not be transferred to any person or entity without the express written approval of the Director. 8-9-7: BILLINGS: Fiber Optic Utility System Access provided by the City shall be billed to the Customer in accordance with a schedule of rates as established by the City Council by resolution which may be amended from time to time, and such rates shall be kept on file in the office of the City Clerk and information furnished to interested parties upon request. 8-9-8: LIMITATIONS: Access to the City of Ammon Fiber Optic system shall be providedonly to those customers that have been connected via a residential or commercial fiber optic project or by separate contract for services negotiated by the Director and approved by the City Council. Fiber Optic System Access may be supplied under a given rate schedule provided that the fiber optic system has the ability to meet the requirements of the rate schedule applicable thereto. Ordinance #609T8 C1 C2 C3 C4 C5 C6 C7 C8 C9Page 16of 20 64 of 76 65 Nothing herein shall be construed or deemed to prevent the City from negotiating separate contracts with any customer solely for the purpose of obtaining assistance in constructing or installing additional plant for the benefit of said customer. Such negotiations shall be handled by the Director and approved by City Council. 8-9-9: RIGHTS OF WAY: The City may condition providing transport or plant upon the customer's dedication or conveyance to the City of a utility easement for the installation, operation and maintenance of the City's fiber system, over, across and upon property owned or controlled by the customer orthe customer's landlord. Such utility easement may also be used for the purpose of providing Access to other customers of the City. Such utility easement shall permit access thereto by authorized representatives of the City at all reasonable hours or atany time in any emergency situation. By acceptance of or submission of an application for fiber optic access, the customer shall be deemed to waive any claim for damages to the customer's property or equipment located within such utility easement, arisingfrom the operation or maintenance of the Fiber Optic System therein. Such acceptance or application shall also be deemed to constitute a waiver of any claim for damages arising from a taking or any severance damages with respect to a customer's underlying fee, simple interest. 8-9-10: LIABILITY FOR INTERRUPTIONS: The City shall not be liable for any loss, injury or damage of any kind, including but not limited to consequential, special and punitive damages, resulting from the interruption, reduction, loss or restoration of Access from any cause, including without limitation any loss by fire, flood, accident, casualty, sabotage, terrorist act, strike, labor slow-down, act of God or the public enemy or failure or inadequacy of the Fiber Optic System. The City disclaims any express or implied warranty of merchantability or fitness for a particular purpose and the delivery of Access to any customer shall not be construed as or deemed to be the delivery of goods under the Idaho Uniform Commercial Code. By acceptance of transport or plant, the customer agrees to, and shall be deemed to, waive any and all claims for damage or loss to the customer's lines, facilities, or communications equipment caused by any act or omission of the City, however, nothing herein shall be deemed or construed as a waiver of any claim for damage or liability arising out of the gross negligence or malicious act of the City, or its agents. 8-9-11: INTERRUPTION OF SERVICE SUPPORT: Support for fiber optic system outages shall be handled as follows: Residential Service: Single Residential Property: Shall be confined to best effort during regular business hours. No service for a single service will be provided outside of regular business hours. Multiple Residential Properties: Residential outages of 3 or more contiguous properties will receive support 24 hours a day, 7 days a week, and 365 days a year. Commercial Service: Commercial support shall always be given priority and available 24 hours a day, 7 days a week, and 365 days a year. 8-9-12: SHUT-DOWN FOR REPAIRS: For the purpose of making necessary repairs, upgrades or changes to its Fiber Optic System, or to avoid damage to property or to persons, the City may without prior notice to the customer suspend Access for such periods as may be reasonably necessary to make such repairs, upgrades or changes and the City shall not be liable for damage of any kind, direct or indirect, as a result of such discontinuance of Access. 8-9-13: INTERFERENCE WITH THE FIBER OPTIC SYSTEM: The City may refuse to supply Access where there is a possibility that the delivery of such may seriously impair or disrupt any other customers, or which may disrupt the operation of the Fiber Optic System. The City may also discontinue or disconnect Access for a of the Fiber Optic System. The City may also, without prior notice, suspend or disconnect any customer using the Fiber Optic System for the purposes of delivering any virus, spam, spyware, denial of service attacks, or any other illegal or malicious purpose which has the effect of or is intended to impair or impede the operation of the Fiber Optic System, the internet, or any public or private computer or computer network connected thereto or for the purpose of obtaining illegal or unauthorized access to other computers or networks connected to the Fiber Optic System. 8-9-14: ENT: The customer is solely responsible for the selection, installation and maintenance of all equipment and wiring on the customer side of the Demarcation Point. The customer shall install and maintain suitable protective devices and equipment to protect life and property from harm or injury and the City assumes no duty to warn or otherwise assist the customer in the selection or use of such protective devices. 8-9-15: TAMPERING WITH FIBER OPTIC SYSTEM PROHIBITED: Other than City representatives working under the supervision of the Director, no person shall connect to, adjust, tamper with or make any alteration or addition to the Fiber Optic System, without having first obtained written permission from the Director. Any person who willfully ormaliciously causes damage to, interference with or obstruction to the efficient operation of the Fiber Optic System shall be guilty of a misdemeanor. Any person who causes such damage shall in addition to any criminal fines or penalties, be liable to theCity for any reasonable damages which may be proximately caused by such damage or interference. Such amounts may be included upon the customer's regular monthly billing statement for utility service and upon the customer's failure or refusal to pay such charges, Fiber Optic System Access or any other public utility service provided by the City, may be terminated in accordance with the procedures set forth in this chapter. Any violation of the provisions of this section shall be deemed a misdemeanor and subject to section 1-4-1 of the Ammon City Code. 8-9-16: THEFT OF ACCESS OR USE: It shall be unlawful for any person to make any connection to or install or construct any facility or equipment with the specific intent of obtaining Access from or making use of Ordinance #609T8 C1 C2 C3 C4 C5 C6 C7 C8 C9Page 17of 20 65 of 76 66 the Fiber Optic System, without paying for such Access or without paying the fees and charges established by the provisions set forth in this chapter. 8-9-17:FIBER OPTIC RATES, FEES: Fiber Optic Rates Established. The City Council shall establish fiber optic rates and any associated fees by resolution which may be amended from time to time, and such rates shall be kept on file in the office of the City Clerk and information furnished to interested parties upon request. 8-9-18:DUEDATE: Bills rendered for participation in the fiber optic system are payable ten (10) days following the month of service and as such the bill is due in full at such time. If the account is not paid by the 10th of the month following the due date, the account will become delinquent. When the due date falls on a legal holiday or on a day when City offices are not open for business, the next regular business day is considered the due date and the past due date. When remittances are made by mail, bills shallbe deemed paid on the date of mailing as shown by the postmark. th 8-9-19:DELINQUENT ACCOUNTS:When a utility account is not paid by the 10of the month following the month of service, as hereinabove stated, and the bill remains unpaid, the account will become delinquent and shall be handled in the following manner: (A)On or after the delinquent date, a delinquency statement is to be mailed to the responsible party, stating a date the account balance must be paid in full. (B)If there has been no response to the mailed delinquency statement by the deadline date in said statement, a notice shall be posted at the residence/location stating the date that the utility access will be terminated. A posting fee will be added to the account for said notice. (C)In cases when a notice is posted at the residence/location, the customer can make payment or arrangements for payment prior to the disconnection of service. (D)In cases when service is terminated for non-payment, there shall be a fee charged which shall include payment for the shut off and the future reconnect service shall not be restored until the account is paid in full by approved funds as listed in item (F). (E)Notice of termination shall be posted at the residence/location stating the date that the termination/disconnection will be performed. (F)In the event of payment of a delinquent account, personal checks shall not be accepted, and the check, credit card or money order. (G)Payments received for services by a check that is subsequently returned unpaid by any financial institution shall be assessed a return check fee as set by resolution of the City Council. Said fee lity account and charges for utilities that said check was to within five (5) working days from the time the notice is given by the City of the returned check or the utility account shall be considered delinquent. All fees shall be paid in full prior to reinstatement of services. Partial payments of amounts due shall be applied to check fees prior to being applied to services. 8-9-20:VOLUNTARY DISCONNECT:Fiber optic service may be voluntarily disconnected at any time by written request to the City of Ammon administrative office of the City. There shall be no charge for a voluntary disconnect. Reconnection of voluntarily disconnected service shall be charge a reconnection fee set by resolution of the City Council. 8-9-21:SERVICES PROVIDED:Fiber Optic Utility Access may include emergency, lifeline or other public safety or welfare services as part of the utility rate for Ammon property owners. The Cityshall not provide or public health and welfare as part of the utility rate. 8-9-22:SEPARATE CONTRACT AUTHORIZED:Nothing herein shallbe construed or deemed to prevent the City from negotiating separate contracts or agreements with any customer for the purpose of obtaining assistance in constructing or installing additional plant for the benefit of said customer or providing services not included in the utility rate structure. Such negotiations shall be handled by the Director and approved by City Council. 8-9-23:CONTINUING OBLIGATION OF EXISTING CONTRACTS:All contracts in effect on the date of the adoption of this code shall remain in effect until said contract expires. Upon expiration of a contract all new contracts shall be charged pursuant to the rates set by resolution of the Council or by negotiation of a new contract as with the Director and approved by the City Council. 8-9-24: VIOLATIONS AND PENALTIES: Any violation of the provisions of this chapter deemed to be a misdemeanor shall be subject to penalties prescribed for such violations under section 1-4-1 of this code. Any person violating the provisions of this chapter deemed to be an infraction shall be subject to the penalties as provided for in section 1-4-2. Violations of this chapter shall be deemed an infraction, unless such violation is designated in this chapter as a misdemeanor. Ordinance #609T8 C1 C2 C3 C4 C5 C6 C7 C8 C9Page 18of 20 66 of 76 67 Section 2: Repeal of Conflicting Provisions. All provisions of the current Code or ordinances of the City of Ammon which conflict with the provisions of this ordinance are hereby repealed to the extent of such conflict. Section 3: Severability. This ordinance is hereby declared to be severable. Should any portion of this ordinance be declared invalid by a court of competent jurisdiction, the remaining provisions shall continue in full force and effect and shall be read to carry out the purpose(s) of the ordinance beforethe declaration of partial invalidity. Section 4: Effective Date. This ordinance shall be effectiveon June15, 2018,upon its passage and publication as provided by law. th Enacted by the City Council as an ordinance of the City of Ammon on the 7day of June, 2018. th Approved by the Mayor on the 7day of June, 2018. CITY OF AMMON __________________________________ Sean Coletti, Mayor ATTEST: _______________________________ Rachael Sanders, City Clerk I, RACHAEL SANDERS, CITY CLERK OF THE CITY OF AMMON, IDAHO DO HEREBY CERTIFY; That the above and foregoing is a full, true and correct copy of the Ordinance entitled, AN ORDINANCE REPEALING, AMENDING AND READOPTING PORTIONS OF TITLE8,PUBLIC UTILITES AND PROPERTY, CHAPTER 1, SEWER,CHAPTER 2, PARKS, CHAPTER 3, WATER SERVICE, CHAPTER 4, SANITATION, CHAPTER 5, PUBLIC RIGHT OF WAY CONSTRUCTION, CHAPTER 6, USE OF PUBLIC SIDEWALKS, CHAPTER 7, TREE ORDINANCE, CHAPTER 8, MAINTENANCE ANDCONSTRUCTION OF SIDEWALKS AND CURBS, CHAPTER 9, FIBER OPTIC SYSTEM; OF THE CITY OF AMMON, PROVIDING FOR SEVERABILITY; REPEALING CONFLICTING ORDINANCES AND PROVIDING AN EFFECTIVE DATE. th DATED this 7day of June, 2018. ______________________________________ Rachael Sanders, City Clerk Ordinance #609T8 C1 C2 C3 C4 C5 C6 C7 C8 C9Page 19of 20 67 of 76 68 CITY OF AMMON BONNEVILLE COUNTY, IDAHO SUMMARY OF ORDINANCE NO: #609 AN ORDINANCE REPEALING, AMENDING AND READOPTING PORTIONS OF TITLE 8,PUBLIC UTILITES AND PROPERTY, CHAPTER 1, SEWER,CHAPTER 2, PARKS, CHAPTER 3, WATER SERVICE, CHAPTER 4, SANITATION, CHAPTER 5, PUBLIC RIGHT OF WAY CONSTRUCTION, CHAPTER 6, USE OF PUBLIC SIDEWALKS, CHAPTER 7, TREE ORDINANCE, CHAPTER 8, MAINTENANCE AND CONSTRUCTION OF SIDEWALKS AND CURBS, CHAPTER 9, FIBER OPTIC SYSTEM; OF THE CITY OF AMMON, PROVIDING FOR SEVERABILITY; REPEALING CONFLICTING ORDINANCES AND PROVIDING AN EFFECTIVE DATE. Ammon Road, Ammon, Idaho. ATTEST:CITY OF AMMON _________________________________________________________________ Rachael Sanders, City ClerkSean Coletti, Mayor I have reviewed the foregoing summary and believe that it provides a true and complete summaryof Ordinance #609and that the summary provides adequate notice to the public of the contents of this ordinance. th DATED this 7day of June, 2018. ________________________________ Scott Hall, City Attorney Ordinance #609T8 C1 C2 C3 C4 C5 C6 C7 C8 C9Page 20of 20 68 of 76 69 ORDINANCE NO: #610AND SUMMARY AN ORDINANCE REPEALING, AMENDING AND READOPTING PORTIONS OF TITLE 9,TRAFFIC REGULATIONS AND CONTROL,CHAPTER 1,TRAFFIC REGULATIONS,CHAPTER 2, TRAFFIC CONTROL SIGNS AND SIGNALS, CHAPTER 3, SPEEDREGULATIONS, CHAPTER 4, PUBLIC PARKING, CHAPTER 5, PARKING ON PRIVATE PROPERTY,CHAPTER 6,BICYCLES, CHAPTER 7,OTHER VEHICLES, CHAPTER 8,MOTORIZED VEHICLES OPERATION, CHAPTER 9, SNOW REMOVAL, CHAPTER 10,THROWING, FIRING, PROPELLING, OR DISCHARGING OF ANY OBJECTS AT MOTOR VEHICLES;OF THE CITY OF AMMON, PROVIDING FOR SEVERABILITY;REPEALING CONFLICTING ORDINANCES AND PROVIDING AN EFFECTIVE DATE. Imove that he City Council dispense with the rule requiring the reading of the ordinance on three different days and that the three readings be waived. ORDINANCE NO: #610AND SUMMARY AN ORDINANCE REPEALING, AMENDING AND READOPTING PORTIONS OF TITLE 9,TRAFFIC REGULATIONS AND CONTROL,CHAPTER 1,TRAFFIC REGULATIONS,CHAPTER 2, TRAFFIC CONTROL SIGNS AND SIGNALS, CHAPTER 3, SPEEDREGULATIONS, CHAPTER 4, PUBLIC PARKING, CHAPTER 5, PARKING ON PRIVATE PROPERTY,CHAPTER 6,BICYCLES, CHAPTER 7,OTHER VEHICLES, CHAPTER 8,MOTORIZED VEHICLES OPERATION, CHAPTER 9, SNOW REMOVAL, CHAPTER 10,THROWING, FIRING, PROPELLING, OR DISCHARGING OF ANY OBJECTS AT MOTOR VEHICLES;OF THE CITY OF AMMON, PROVIDING FOR SEVERABILITY;REPEALING CONFLICTING ORDINANCES AND PROVIDING AN EFFECTIVE DATE. Imove the adoption of ordinance 610and summaryas an ordinance of the City of Ammon on its third and final reading. 69 of 76 70 CITY OF AMMON ORDINANCE #610 AN ORDINANCE REPEALING, AMENDING AND READOPTING PORTIONS OF TITLE 9,TRAFFIC REGULATIONS AND CONTROL, CHAPTER 1, TRAFFIC REGULATIONS,CHAPTER 2, TRAFFIC CONTROL SIGNS AND SIGNALS, CHAPTER 3, SPEED REGULATIONS, CHAPTER 4, PUBLIC PARKING, CHAPTER 5, PARKING ON PRIVATE PROPERTY, CHAPTER 6, BICYCLES, CHAPTER 7, OTHER VEHICLES, CHAPTER 8, MOTORIZED VEHICLES OPERATION, CHAPTER 9, SNOW REMOVAL, CHAPTER 10, THROWING, FIRING, PROPELLING, OR DISCHARGING OF ANY OBJECTS AT MOTOR VEHICLES; OF THE CITY OF AMMON, PROVIDING FOR SEVERABILITY;REPEALING CONFLICTING ORDINANCES AND PROVIDING AN EFFECTIVE DATE. BE IT ORDAINED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF AMMON, IDAHO THAT: Section 1: Title 9, Traffic Regulations and Control Title 9,Chapter1,Applicability of Regulations, Section 11,Swales,of the City Code of Ammon, shall be amended to read as follows: It shall be unlawful for any person to park, drive or operate a motorized vehicle within any designated right of way dedicated as a swale within the City of Ammon. Any violation of the provisions of this section shall be deemed an infraction and subject to section 1-4-2 of the Ammon City Code. Title 9, Chapter 1,Applicability of Regulations,a new Section 12, Penalty, of the City Code of Ammon, shall be adopted to read as follows: 9-1-12:PENALTY: INFRACTION:Any violation of the provisions of this chapter deemed an infraction shall be subject to penalties prescribed for such violations under section 1-4-2 of this code, subject to the provisions of Idaho Code 18-111 and 18-113A. Each day of the violation shall be considered a separate offense and shall be punishable by separate fines as provided for herein. MISDEMEANOR: Any violation of the provisions of this chapter deemed to be a misdemeanor shall be subject to penalties prescribed for such violations under section 1-4-1 of this code, subject to the provisions of Idaho Code 18-111 and 18-113. Title 9, Chapter 2,Traffic Control Signs and Signals, of the City Code of Ammon, shall be repealed and re-adopted to read as follows: 9-2-1:ADOPTION OF UNIFORM MANUAL: The City hereby adopts the Manual on Uniform Traffic Control Devices published by the U.S. Department of Transportation, Federal Highway Administration, or any other manual adopted by the Idaho Department of Law Enforcement pursuant to the provisions of Idaho Code Section 49-201. All traffic signs, signals, and devices installed within the City shall conform to the provisions of such uniform manual, except as otherwise expressly ordered by the city council. 9-2-2:DISPLAY OF UNAUTHORIZED SIGNS OR SIGNALS: Any person who places, maintains, or displays upon any street, alley, public right of way, or private property any unauthorized sign, signal, marking, or device which imitates or resembles any official traffic control sign, signal, or device is guilty of an infraction and subject to section 1-4-2 of the Ammon City Code. Such signs, signals, or devices may be summarily removed by any police or fire or public safety officer or any employee of the Public Works Division. Ordinance #610T9C1 C2 C3 C4 C5 C6 C7 C8 C9C10Page 1of 6 70 of 76 71 9-2-3:TAMPERING WITH TRAFFIC CONTROL DEVICES: Any person, who tampers with, alters, injures, destroys, removes, defaces, or knocks down any official traffic control sign, signal, or device, without lawful authority to do so, shall be guilty of an infraction and subject to section 1-4-2 of the Ammon City Code. 9-2-4:SIGN INSTALLATION: The City Engineer shall be responsible for issuing work orders for traffic control signs determined to be necessary within the City. Signs may be those ordered as part of a Council resolution or as determined reasonable and necessary by the City Engineer. 9-2-5:PENALTY:Any violation of the provisions of this chapter shall be deemed an infraction and shall be subject to section 1-4-2 of the Ammon City Code. Title 9, Chapter 3,Speed Regulations, of the City Code of Ammon, shall be repealed and re-adopted to read as follows: 9-3-1:BASIC RULE: Any person who operates a vehicle within the limits of the City, at a speed greater than is reasonable and prudent under the conditions and having regard to the actual and potential hazards then existing shall by guilty of an infraction subject to section 1-4-2 of the Ammon City Code. 9-3-2:ESTABLISHMENT OF SPEED LIMITS: The City Engineer shall be responsible for the overseeing of the speed limits posted within the City. As needed, the City Engineer shall make a recommendation for changes to speed limits within the City. Such recommendations shall be based on traffic studies and/or an investigation which may include observation of a needed change. The City Engineer shall then make a presentation to the City Council who shall by action at a City Council meeting approve or deny the City 9-3-3:GENERAL SPEED LIMIT: The general speed limits, unless altered as provided in the next preceding section, shall be as follows: (A)Thirty-five(35) miles per hour on all arterial roadways within the City. (B)Twenty-five(25) miles per hour on all streets other than arterial roadways. (C)Twenty (20) miles per hourin all posted school or safety zones. (D)Such limits may be altered subject to the provisions of 9-3-2 and upon posting notice thereof. 9-3-4:MINIMUM SPEED REGULATIONS: Any person who drives a vehicle at such a slow speed as to impede or block the safe and efficient movement of vehicular traffic shall be guilty of an infraction and shall be subject to section 1-4-2 of the Ammon City Code. Title9, Chapter 4,Public Parking,Section 3, Parking in Residential Zones, of the City Code of Ammon, shall be amended to read as follows: The following parking shall be prohibited on all public streets in all residentially-zoned districts within the City unless such parking is necessary to load or unload such motor vehicle within twenty-four (24) hours. Commercial motor vehicles used for public utility services, city motor vehicles, road construction vehicles or emergency vehicles used in the course of conducting an immediate business necessity are excluded. Any items described in sections A through F below, so parked may be removed under the direction of any law enforcement official or official designated by the City and may be impounded in accordance w expense. Any person parking or who allows parking, thereof, shall be guilty of an infraction and subject to section 1-4-2 of the Ammon City Code: (A)Parking of a trailer of any kind, boat, recreational vehicle, motor home, camper, any item of property or abandoned property or (B)Parking a motor vehicle having a gross vehicle weight greater than eight (8,000) pounds for more than 2 hours or (C)Parking any agricultural, farming, or industrial machinery/equipment or (D)Parking any unlicensed vehicle or (E)Parking any broken down or inoperable vehicle or (F) including but not limited to the transportation of commercial equipment, merchandise, produce, freight, commodities, passengers, or animals and which is characterized by any of the following: 1.Heavy equipment, such as earth movers, backhoes, skid steer, generators, welders, cranes, forklifts, bulldozers, and the like, which are commonly used for construction, excavation, demolition, or lifting; vehicles used to haul equipment or materials, such as tow trucks, dump trucks, tanker trucks, semi-tractors, semi-trailers, cement trucks, or other similar vehicle. 2.Pickup trucksover one ton with a commercial modification, such as a flat bed, a dumping Ordinance #610T9C1 C2 C3 C4 C5 C6 C7 C8 C9C10Page 2of 6 71 of 76 72 mechanism, mechanical lifts or arms for unloading and loading materials/equipment, aerial buckets or platforms, or similar feature. 3.Vehicles that exceed eight (8) feet in height. 4.Heavy equipment, such as earth movers, backhoes, cranes, forklifts, bulldozers, and the like, which are commonly used for construction, excavation, demolition, or lifting; vehicles used to haul equipment or materials, such as dump trucks, tanker trucks, semi-tractors, semi-trailers, cement trucks, or other similar vehicle. 5.Vehicles that exceed eight (8) feet in height. 6.Or as defined in Idaho Statutes Title 49 Chapter 1 Section 49 d. Title 9, Chapter 4, Public Parking, a new Section 24, Restricted Parking/Storage on Front Yards and Street Side Corner Lots within Residential Zones, of the City Code of Ammon, shall be adopted to read as follows: Storage of vehicles and/or other items on residential properties, within the front yard or street side yard on a corner lot, may create unsightly conditions that could reduce overall property values and the enjoyment of citizens using the streets, sidewalks and adjacent properties in the surrounding area. The following restrictions shall apply to storage of items and vehicles within the designated front yard and/or the street side yard of a corner residential lot: (A)No driveway or improved parking surface shall cover more than fifty (50) percent of a residential front yard within the required setback. (B)It is prohibited to park or store any automobile, trailer, camper, van, pickup truck, recreational vehicle, placed within the allowed fifty (50) percent described in sub-section A of this section. (C)No more than two recreational vehicles or storage trailers shall be stored on a single residential front yard or street side yard of any lot at any time. (D)No vehicle or item being stored on a lot shall overhang a public right-of-way or sidewalk. (E)Any motorized vehicle, without current registration, trailer, camper, recreational vehicle, boat, or other vehicle or other mobile equipment which is inoperable shall be stored entirely within an enclosed structure or in a rear yard concealed from view by a solid, opaque, screening fence or wall at least six (6) feet in height. Title 9, Chapter 5,Parking on Private Property,Section 3, Penalty, of the City Code of Ammon, shall be amended to read as follows: Any violation of theprovisions of this chapter or order issued hereunder shall be deemed an infraction and shall be subject to penalties prescribed for such violations under section 1-4-2 of this code, subject to the provisions of Idaho Code 18-111 and 18-113A. Each day of the violation shall be considered a separate offense and shall be punishable by separate fines as provided for herein. Title 9, Chapter 6,Bicycles, of the City Code of Ammon, shall be repealed and re-adopted to read as follows: 9-6-1:DEFINITIONS: Thefollowing terms whenever used in this chapter shall have the meaning ascribed below: BICYCLE:Every vehicle propelled exclusively by human power upon which person may ride having two tandem wheels, except scooters and similar devices. BICYCLE PATH:Away established, marked, and signed specifically for the riding of bicycles, and which is not otherwise part of a public street. BICYCLE ROUTE:A travel way designated specifically for the riding of bicycles along and upon a public street. RIGHT OF WAY:The privilege of immediate use of a bicycle path or bicycle route. VEHICLE:Every device in, upon, or by which any person or property is or may be transported or drawn upon a street, highway, alley, or other public way, except bicycles. 9-6-2:ESTABLISHMENT OF BICYCLE PATHS AND ROUTES: The City Council may, by resolution duly passed and approved, establish and designate the location of bicycle paths and bicycle routes within the City. 9-6-3:APPLICABILITY OF VEHICLE TRAFFIC LAWS: All motor vehicle traffic laws shall apply with respect to the operation of any bicycle upon any bicycle path or bicycle route, except as expressly otherwise provided in this chapter or except as the context of such ordinance or statute expressly indicates otherwise. 9-6-4:OPERATION OF MOTOR VEHICLES UPON BICYCLE PATH: Any person who operates a motor vehicle or parks a vehicle upon or across any bicycle path, except at intersections of a path within a public street or alley or when necessary to enter or leave a driveway, shall be guilty of an infraction. Ordinance #610T9C1 C2 C3 C4 C5 C6 C7 C8 C9C10Page 3of 6 72 of 76 73 9-6-5:RIGHT OF WAY TO CYCLISTS: Any person driving any vehicle into or across any bicycle path which intersects a public street or alley or driveway who fails to yield the right of way to any cyclist operating a bicycle shall be guilty of an infraction. 9-6-6:TWO-WAY TRAFFIC ON BICYCLE PATHS: Any person who fails to pass to the right of any oncoming cyclist on a bicycle path shall be guilty of an infraction. 9-6-7:GENERAL SPEED REGULATION: Any person who operates a bicycle upon any public street, bicycle route, or bicycle path at a speed greater than is reasonable and prudent under the conditions then existing shall be guilty of an infraction. 9-6-8:EMERGING FROM ALLEY OR DRIVEWAY: Any person operating a bicycle emerging from an alley, driveway, or building shall yield the right of way to all pedestrians walking upon any sidewalk or sidewalk area intersection with the alley, driveway, or building egress and upon entering the public street shall yield the right of way to all vehicles approaching on such public street shall be guilty of an infraction. 9-6-9:CARRYING ARTICLES: Any person who carries any package, bundle, or article which prevents the rider from keeping at least one hand upon the bicycle handlebars shall be guilty of an infraction. 9-6-10:PENALTY: Any violation of the provisions of this chapter shall be deemed an infraction and shall be subject to penalties prescribed for such violations under section 1-4-2 of this code, subject to the provisions of Idaho Code 18-111 and 18-113A. Each day of the violation shall be considered a separate offense and shall be punishable by separate fines as provided for herein. Title 9, Chapter 7,Other Vehicles,Section 8, Penalty, of the City Code of Ammon, shall be amended to read as follows: Any violation of the provisions of this chapter shall be deemed an infraction and shall be subject to penalties prescribed for such violations under section 1-4-2 of this code, subject to the provisions of Idaho Code 18-111 and 18-113A. Each day of the violation shall be considered a separate offense and shall be punishable by separate fines as provided for herein. Title 9, Chapter 8,Motorized Vehicle Operation,Section 7, Penalty, of the City Code of Ammon, shall be amended to read as follows: Any violation of the provisions of this chapter shall be deemed an infraction and shall be subject to penalties prescribed for such violations under section 1-4-2 of this code. Title 9, Chapter 9,Snow Removal,Section 6, Removal of Vehicles, of the City Code of Ammon, shall be amended to read as follows: Any motor vehicle, motorcycle, trailer, or equipment parked upon any public street in violation of this ordinance may be ordered to be removed at any time at the direction of the Enforcement Officer or their appointed designee working in conjunction with the designated law enforcement agency to the City of Ammon and may be towed to another public street that does not violate the provisions of this or any other provisions of this Code. The vehicle may also be towed and stored in any public or private storage lot without prior notice to the owner or operator of the vehicle. Title 9, Chapter 10,Throwing, Firing, Propelling, or Discharging of any Objects at Motor Vehicles,Section 1, Penalty, of the City Code of Ammon, shall be amended to read as follows: Any violation of the provisions of this chapter shall be deemed an infraction and shall be subject to penalties prescribed for such violations under section 1-4-2 of this code, subject to the provisions of Idaho Code 18-111 and 18-113A. Each day of the violation shall be considered a separate offense and shall be punishable by separate fines as provided for herein. Section 2: Repeal of Conflicting Provisions. All provisions of the current Code or ordinances of the City of Ammon which conflict with the provisions of this ordinance are hereby repealed to the extent of such conflict. Section 3: Severability. This ordinance is hereby declared to be severable. Should any portion of this ordinance be declared invalid by a court of competent jurisdiction, the remaining provisions shall continue in full force and effect and shall be read to carry out the purpose(s) of the ordinance before the declaration of partial invalidity. Ordinance #610T9C1 C2 C3 C4 C5 C6 C7 C8 C9C10Page 4of 6 73 of 76 74 Section 4: Effective Date. This ordinance shall be effectiveon June15, 2018,upon its passage and publication as provided by law. th Enacted by the City Council as an ordinance of the City of Ammon on the 7day of June, 2018. th Approved by the Mayor on the 7day of June, 2018. CITY OF AMMON __________________________________ Sean Coletti, Mayor ATTEST: _______________________________ Rachael Sanders, City Clerk I, RACHAEL SANDERS, CITY CLERK OF THE CITY OF AMMON, IDAHO DO HEREBY CERTIFY; That the above and foregoing is a full, true and correct copy of the Ordinance entitled, AN ORDINANCE REPEALING, AMENDING AND READOPTING PORTIONS OF TITLE 9,TRAFFIC REGULATIONS AND CONTROL, CHAPTER 1, TRAFFIC REGULATIONS,CHAPTER 2, TRAFFIC CONTROL SIGNS AND SIGNALS, CHAPTER 3, SPEED REGULATIONS, CHAPTER 4, PUBLIC PARKING, CHAPTER 5, PARKING ON PRIVATE PROPERTY, CHAPTER 6, BICYCLES, CHAPTER 7, OTHER VEHICLES, CHAPTER 8, MOTORIZED VEHICLES OPERATION, CHAPTER 9, SNOW REMOVAL, CHAPTER 10, THROWING, FIRING, PROPELLING, OR DISCHARGING OF ANY OBJECTS AT MOTOR VEHICLES; OF THE CITY OF AMMON, PROVIDING FOR SEVERABILITY;REPEALING CONFLICTING ORDINANCES AND PROVIDING AN EFFECTIVE DATE. th DATED this 7day of June, 2018. ______________________________________ Rachael Sanders, City Clerk Ordinance #610T9C1 C2 C3 C4 C5 C6 C7 C8 C9C10Page 5of 6 74 of 76 75 CITY OF AMMON BONNEVILLE COUNTY, IDAHO SUMMARY OF ORDINANCE NO: #610 AN ORDINANCE REPEALING, AMENDING AND READOPTING PORTIONS OF TITLE 9,TRAFFIC REGULATIONS AND CONTROL,CHAPTER 1,TRAFFIC REGULATIONS,CHAPTER 2, TRAFFIC CONTROL SIGNS AND SIGNALS, CHAPTER 3, SPEEDREGULATIONS, CHAPTER 4, PUBLIC PARKING, CHAPTER 5,PARKING ON PRIVATE PROPERTY,CHAPTER 6,BICYCLES, CHAPTER 7, OTHER VEHICLES, CHAPTER 8,MOTORIZED VEHICLES OPERATION, CHAPTER 9,SNOW REMOVAL, CHAPTER 10,THROWING, FIRING, PROPELLING, OR DISCHARGING OF ANY OBJECTS AT MOTOR VEHICLES;OF THE CITY OF AMMON, PROVIDING FOR SEVERABILITY;REPEALING CONFLICTING ORDINANCES AND PROVIDING AN EFFECTIVE DATE. Ammon Road, Ammon, Idaho. ATTEST:CITY OF AMMON _________________________________________________________________ Rachael Sanders,City ClerkSean Coletti, Mayor I have reviewed the foregoing summary and believe that it provides a true and complete summary of Ordinance #610and that the summary provides adequate notice to the public of the contents of this ordinance. th DATED this 7day of June, 2018. ________________________________ Scott Hall, City Attorney Ordinance #610T9C1 C2 C3 C4 C5 C6 C7 C8 C9C10Page 6of 6 75 of 76 76 FUNDING RESOURCES for FY 2019 Budget Current Year Local Match (Estimated Carryover)$ 4,546 Federal (Estimated Carryover)$ 57,383 Local Match (New Match)$ 301 Federal (Estimated Unmatched Carryover)$ 3,820 $ 18,286 New Local Match Federal (FY 2019)$ 230,840 $ 55,596 SR2S School Districts$ 4,404 TOTAL$ 375,176 New Local Match for FY 2019 Budget Local PopulationPercentageMatch City of Ammon1381613.9%2,274$ City of Idaho Falls5681357.2%9,350$ City of Iona 18031.8%$ 297 City of Ucon11081.1%$ 182 Bonneville County2572325.9%4,234$ ITD$ 2,000 TRPTA$ 250 TOTAL 99263100%18,587$ Total minus ITD and TRPTA contribution$ 16,337 76 of 76 Unprogrammed Local Funds $ 35,060