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REXBURG MUNICIPAL CODE
2015
TABLE OF CONTENTS
TITLE 1 GENERAL PROVISIONS 1
CHAPTER 1.01 CODE ADOPTION* 1
CHAPTER 1.02 PENALTY 2
CHAPTER 1.05 INITIATIVE AND REFERENDUM* 8
CHAPTER 1.06 CITY SEAL* 8
CHAPTER 1.07 OFFICIAL NEWSPAPER* 8
CHAPTER 1.08 CEMETERY 9
CHAPTER 1.09 LIBRARY 9
CHAPTER 1.10 DEPOSITORIES* 9
CHAPTER 1.11 RIGHT OF ENTRY FOR INSPECTION 9
TITLE 2 ADMINISTRATION 11
CHAPTER 2.01 MAYOR* 11
CHAPTER 2.02 CITY COUNCIL* 13
CHAPTER 2.03 APPOINTIVE OFFICERS 21
ARTICLE I CITY TREASURER* 22
ARTICLE II CITY CLERK* 23
ARTICLE III CHIEF OF EMERGENCY SERVICES* 24
ARTICLE IV CITY ATTORNEY* 25
ARTICLE V CHIEF OF POLICE* 28
ARTICLE VI RECREATION DIRECTOR* 28
ARTICLE VII PUBLIC WORKS DIRECTOR* 29
CHAPTER 2.04 RECORDKEEPING* 30
TITLE 3 DEPARTMENTS 31
CHAPTER 3.01 DEPARTMENT OF FINANCIAL MANAGEMENT 31
CHAPTER 3.02 DEPARTMENT OF CUSTOMER SUPPORT SERVICES* 32
CHAPTER 3.03 DEPARTMENT OF EMERGENCY SERVICES* 33
CHAPTER 3.04 POLICE DEPARTMENT* 35
CHAPTER 3.05 DEPARTMENT OF PARKS 36
CHAPTER 3.06 DEPARTMENT OF PUBLIC WORKS 36
CHAPTER 3.07 DEPARTMENT OF GEOGRAPHICAL INFORMATION SYSTEMS* 39
CHAPTER 3.08 DEPARTMENT OF TECHNOLOGY COORDINATION SERVICES 39
CHAPTER 3.09 DEPARTMENT OF RECREATION 40
TITLE 4 COMMISSIONS, COMMITTEES AND BOARDS 41
CHAPTER 4.01 PLANNING AND ZONING COMMISSION* 41
CHAPTER 4.02 TABERNACLE CIVIC CENTER COMMITTEE* 42
CHAPTER 4.03 HISTORICAL PRESERVATION COMMITTEE* 42
CHAPTER 4.04 DOWNTOWN VISION COMMITTEE* 45
CHAPTER 4.05 MAYOR’S YOUTH ADVISORY BOARD* 46
CHAPTER 4.06 UPPER VALLEY ARTS COMMITTEE* 46
CHAPTER 4.07 REXBURG BEAUTIFICATION COMMITTEE* 47
CHAPTER 4.08 PARKS AND RECREATION COMMITTEE* 47
CHAPTER 4.09 MUSEUM COMMITTEE* 48
CHAPTER 4.10 INTERNATIONAL BUILDING CODE (I.B.C.) COMMITTEE* 49
CHAPTER 4.11 GOLF BOARD (JOINT CITY/COUNTY)* 49
CHAPTER 4.12 AIRPORT BOARD (JOINT CITY/COUNTY)* 50
CHAPTER 4.13 TRAILS OF MADISON COUNTY COMMITTEE (JOINT CITY/COUNTY)* 51
CHAPTER 4.14 TRAFFIC SAFETY COMMISSION* 51
TITLE 5 REVENUE AND FINANCE 53
CHAPTER 5.01 CAPITAL IMPROVEMENTS FUND* 53
CHAPTER 5.02 ARTS FEE ON CAPITAL IMPROVEMENT PROJECTS 53
CHAPTER 5.03 WATERWORKS FUND* 54
CHAPTER 5.04 REVOLVING LOAN FUND 55
CHAPTER 5.05 STREETS DEVELOPMENT IMPACT FEE REPORT* 55
TITLE 6 BUSINESS REGULATIONS 62
CHAPTER 6.01 BUSINESS LICENSES 62
CHAPTER 6.02 PEDDLERS, SOLICITORS AND TRANSIENT MERCHANTS 70
CHAPTER 6.03 BEER AND WINE SALES* 74
CHAPTER 6.04 APARTMENTS 78
CHAPTER 6.05 PLUMBERS 81
CHAPTER 6.06 MOBILE HOMES 84
CHAPTER 6.07 COIN OPERATED DEVICES 86
CHAPTER 6.08 PAWNBROKERS AND SECONDHAND STORES 90
CHAPTER 6.09 SCRAP METAL DEALERS 95
CHAPTER 6.10 TOWING AND BOOTING 97
CHAPTER 6.11 RENTAL REGISTRATION 99
TITLE 7 ANIMALS 104
CHAPTER 7.01 LIVESTOCK* 104
CHAPTER 7.02 DOGS* 105
CHAPTER 7.03 HOUSEHOLD PETS 107
CHAPTER 7.04 IMPOUNDMENT* 107
CHAPTER 7.05 DEAD ANIMALS* 109
TITLE 8 HEALTH AND SAFETY 111
CHAPTER 8.01 LITTERING* 111
CHAPTER 8.02 GARBAGE AND REFUSE COLLECTION AND DISPOSAL 112
CHAPTER 8.03 NOXIOUS WEEDS* 117
CHAPTER 8.04 FIREWORKS* 118
CHAPTER 8.05 RADIO INTERFERENCE 119
CHAPTER 8.06 PROPERTY NUISANCES 120
CHAPTER 8.07 SUBSTANCE ABUSE 121
ARTICLE I METHAMPHETAMINES 121
CHAPTER 8.08 TREES AND PLANTS 124
CHAPTER 8.09 JAYWALKING 128
CHAPTER 8.10 CLEAN AIR – BOWLING ALLEYS 129
CHAPTER 8.11 COMMUNITY SAFETY LIGHTING 130
TITLE 9 PUBLIC PEACE, MORALS AND WELFARE 135
CHAPTER 9.01 SNOWBALLS AND OTHER OBJECTS THROWN 135
CHAPTER 9.02 WEAPONS 135
CHAPTER 9.03 JUVENILE CURFEW 136
CHAPTER 9.04 HOUSE OF ILL-FAME 138
CHAPTER 9.05 GAMBLING 139
CHAPTER 9.06 PUBLIC INTOXICATION 139
CHAPTER 9.07 NOISE* 139
CHAPTER 9.08 VAGRANCY 140
TITLE 10 VEHICLES AND TRAFFIC 140
CHAPTER 10.01 IDAHO MOTOR VEHICLE LAWS* 141
CHAPTER 10.02 GENERAL PROVISIONS* 141
CHAPTER 10.03 ENFORCEMENT* 142
ARTICLE I TRAFFIC ARRESTS 146
CHAPTER 10.04 VEHICLE EQUIPMENT 147
CHAPTER 10.05 OPERATION OF VEHICLES 150
CHAPTER 10.06 PARKING METERS 153
CHAPTER 10.07 TRAFFIC CONTROL DEVICES 155
CHAPTER 10.08 SPEED REGULATIONS* 156
CHAPTER 10.09 STOPPING, STANDING AND PARKING 157
ARTICLE I RESTRICTIONS GENERALLY 162
ARTICLE II PARKING AND LOADING ZONES 163
ARTICLE III PARKING REGULATIONS 166
ARTICLE IV RESIDENTIAL UNIVERSITY ON STREET PARKING 167
ARTICLE V FIRE LANES OR HAZARDOUS AND CONGESTED AREAS 167
CHAPTER 10.10 STORAGE OF VEHICLES OR PROPERTY ON STREETS* 168
CHAPTER 10.11 BICYCLES 170
CHAPTER 10.12 MOTORCYCLES 171
CHAPTER 10.13 PEDESTRIANS 172
CHAPTER 10.14 RAILROADS 173
CHAPTER 10.15 MUNICIPAL AIRPORT* 175
ARTICLE I TRAFFIC UPON AIRPORT RUNWAYS AND TAXI AREAS 179
TITLE 11 FRANCHISE AGREEMENTS 180
CHAPTER 11.01 CABLE ONE (10 YEARS) 180
CHAPTER 11.02 PACIFICORP (UTAH POWER) 180
CHAPTER 11.03 INTERMOUNTAIN GAS 180
CHAPTER 11.04 FALL RIVER RURAL ELECTRIC 181
TITLE 12 STREETS, SIDEWALKS AND PUBLIC PROPERTY 182
CHAPTER 12.01 SIDEWALK CONSTRUCTION 182
CHAPTER 12.02 OBSTRUCTIONS* 185
CHAPTER 12.03 STREET NAME AND NUMBERING SYSTEM* 186
CHAPTER 12.04 PARK REGULATIONS 187
CHAPTER 12.05 ACCESS TO STREETS, ALLEYS AND PUBLIC SIDEWALKS 189
CHAPTER 12.06 PARADES AND PUBLIC ASSEMBLIES 190
CHAPTER 12.07 SIDEWALK ACCESS 192
TITLE 13 WATER AND WASTEWATER 193
CHAPTER 13.01 WATER REGULATIONS 193
CHAPTER 13.02 WATER METERS 198
CHAPTER 13.03 WASTEWATER REGULATIONS 200
ARTICLE I GENERAL PROVISIONS 202
ARTICLE II GENERAL REQUIREMENTS 202
ARTICLE III WASTEWATER DISCHARGE PERMIT REQUIREMENTS 204
ARTICLE IV REPORTING REQUIREMENTS 206
ARTICLE V SAMPLING AND ANALYTICAL REQUIREMENTS 208
ARTICLE VI COMPLIANCE MONITORING 208
ARTICLE VII CONFIDENTIAL INFORMATION 209
ARTICLE VIII PUBLICATION OF USERS IN SIGNIFICANT NON-COMPLIANCE 210
ARTICLE IX ADMINISTRATIVE ENFORCEMENT REMEDIES 210
ARTICLE X JUDICIAL ENFORCEMENT REMEDIES 211
ARTICLE XI SUPPLEMENTAL ENFORCEMENT ACTION 212
ARTICLE XII AFFIRMATIVE DEFENSES TO DISCHARGE VIOLATIONS 213
CHAPTER 13.04 WASTEWATER RATES AND CHARGES 215
TITLE 14 MOBILE 219
HOMES AND TRAVEL TRAILERS 219
CHAPTER 14.01 MOBILE HOME – GENERAL PROVISIONS 219
CHAPTER 14.02 LOCATION, PARKING, AND STORAGE RESCTRICTIONS 219
CHAPTER 14.03 CONDITIONS AND REGULATIONS 221
ARTICLE I MOBILE HOMES 221
ARTICLE II TRAVEL TRAILERS 222
CHAPTER 14.04 REGISTRATION OF OCCUPANTS 223
CHAPTER 14.05 ZONING APPROVAL 224
CHAPTER 14.06 SITE REQUIREMENTS 224
CHAPTER 14.07 SPACE REQUIREMENTS 226
CHAPTER 14.08 IMPROVEMENT REQUIREMENTS 227
CHAPTER 14.09 HEALTH, SANITATION, AND MAINTENANCE REQUIREMENTS 228
TITLE 15 BUILDINGS REGULATIONS 231
CHAPTER 15.01 BUILDING CODE* 231
CHAPTER 15.02 LIFE SAFETY* 232
CHAPTER 15.03 EXCAVATIONS 232
CHAPTER 15.04 ELECTRICAL CODE* 234
CHAPTER 15.05 GAS INSTALLATIONS 235
CHAPTER 15.06 SIGN CODE* 238
CHAPTER 15.07 INTERNATIONAL FIRE CODE* 239
CHAPTER 15.08 FIRE DEPARTMENT LOCK BOX 247
CHAPTER 15.09 FLOOD DAMAGE PREVENTION 247
CHAPTER 15.10 COMMERICAL BUILDING DESIGN STANDARDS 256
TITLE 16 ZONING 257
CHAPTER 16.01 DEVELOPMENT CODE 257
CHAPTER 16.02 DEVELOPMENT IMPACT FEE 257
CHAPTER 16.03 COMPREHENSIVE PLAN 259
CHAPTER 16.07 IMPACT AREA JOINT COMMISSION 259
CHAPTER 16.09 SUBDIVISION REGULATIONS 260
CHAPTER 16.10 URBAN RENEWAL 260
CHAPTER 3.08 DEPARTMENT OF TECHNOLOGY COORDINATION SERVICES 39
CHAPTER 3.09 DEPARTMENT OF RECREATION 40
TITLE 4 COMMISSIONS, COMMITTEES AND BOARDS 41
CHAPTER 4.01 PLANNING AND ZONING COMMISSION* 41
CHAPTER 4.02 TABERNACLE CIVIC CENTER COMMITTEE* 42
CHAPTER 4.03 HISTORICAL PRESERVATION COMMITTEE* 42
CHAPTER 4.04 DOWNTOWN VISION COMMITTEE* 45
CHAPTER 4.05 MAYOR’S YOUTH ADVISORY BOARD* 46
CHAPTER 4.06 UPPER VALLEY ARTS COMMITTEE* 46
CHAPTER 4.07 REXBURG BEAUTIFICATION COMMITTEE* 47
CHAPTER 4.08 PARKS AND RECREATION COMMITTEE* 47
CHAPTER 4.09 MUSEUM COMMITTEE* 48
CHAPTER 4.10 INTERNATIONAL BUILDING CODE (I.B.C.) COMMITTEE* 49
CHAPTER 4.11 GOLF BOARD (JOINT CITY/COUNTY)* 49
CHAPTER 4.12 AIRPORT BOARD (JOINT CITY/COUNTY)* 50
CHAPTER 4.13 TRAILS OF MADISON COUNTY COMMITTEE (JOINT CITY/COUNTY)* 51
CHAPTER 4.14 TRAFFIC SAFETY COMMISSION* 51
TITLE 5 REVENUE AND FINANCE 53
CHAPTER 5.01 CAPITAL IMPROVEMENTS FUND* 53
CHAPTER 5.02 ARTS FEE ON CAPITAL IMPROVEMENT PROJECTS 53
CHAPTER 5.03 WATERWORKS FUND* 54
CHAPTER 5.04 REVOLVING LOAN FUND 55
CHAPTER 5.05 STREETS DEVELOPMENT IMPACT FEE REPORT* 55
TITLE 6 BUSINESS REGULATIONS 62
CHAPTER 6.01 BUSINESS LICENSES 62
CHAPTER 6.02 PEDDLERS, SOLICITORS AND TRANSIENT MERCHANTS 70
CHAPTER 6.03 BEER AND WINE SALES* 74
CHAPTER 6.04 APARTMENTS 78
CHAPTER 6.05 PLUMBERS 81
CHAPTER 6.06 MOBILE HOMES 84
CHAPTER 6.07 COIN OPERATED DEVICES 86
CHAPTER 6.08 PAWNBROKERS AND SECONDHAND STORES 90
CHAPTER 6.09 SCRAP METAL DEALERS 95
CHAPTER 6.10 TOWING AND BOOTING 97
CHAPTER 6.11 RENTAL REGISTRATION 99
TITLE 7 ANIMALS 104
CHAPTER 7.01 LIVESTOCK* 104
CHAPTER 7.02 DOGS* 105
CHAPTER 7.03 HOUSEHOLD PETS 107
CHAPTER 7.04 IMPOUNDMENT* 107
CHAPTER 7.05 DEAD ANIMALS* 109
TITLE 8 HEALTH AND SAFETY 111
CHAPTER 8.01 LITTERING* 111
CHAPTER 8.02 GARBAGE AND REFUSE COLLECTION AND DISPOSAL 112
CHAPTER 8.03 NOXIOUS WEEDS* 117
CHAPTER 8.04 FIREWORKS* 118
CHAPTER 8.05 RADIO INTERFERENCE 119
CHAPTER 8.06 PROPERTY NUISANCES 120
CHAPTER 8.07 SUBSTANCE ABUSE 121
ARTICLE I METHAMPHETAMINES 121
CHAPTER 8.08 TREES AND PLANTS 124
CHAPTER 8.09 JAYWALKING 128
CHAPTER 8.10 CLEAN AIR – BOWLING ALLEYS 129
CHAPTER 8.11 COMMUNITY SAFETY LIGHTING 130
TITLE 9 PUBLIC PEACE, MORALS AND WELFARE 135
CHAPTER 9.01 SNOWBALLS AND OTHER OBJECTS THROWN 135
CHAPTER 9.02 WEAPONS 135
CHAPTER 9.03 JUVENILE CURFEW 136
CHAPTER 9.04 HOUSE OF ILL-FAME 138
CHAPTER 9.05 GAMBLING 139
CHAPTER 9.06 PUBLIC INTOXICATION 139
CHAPTER 9.07 NOISE* 139
CHAPTER 9.08 VAGRANCY 140
TITLE 10 VEHICLES AND TRAFFIC 140
CHAPTER 10.01 IDAHO MOTOR VEHICLE LAWS* 141
CHAPTER 10.02 GENERAL PROVISIONS* 141
CHAPTER 10.03 ENFORCEMENT* 142
ARTICLE I TRAFFIC ARRESTS 146
CHAPTER 10.04 VEHICLE EQUIPMENT 147
CHAPTER 10.05 OPERATION OF VEHICLES 150
CHAPTER 10.06 PARKING METERS 153
CHAPTER 10.07 TRAFFIC CONTROL DEVICES 155
CHAPTER 10.08 SPEED REGULATIONS* 156
CHAPTER 10.09 STOPPING, STANDING AND PARKING 157
ARTICLE I RESTRICTIONS GENERALLY 162
ARTICLE II PARKING AND LOADING ZONES 163
ARTICLE III PARKING REGULATIONS 166
ARTICLE IV RESIDENTIAL UNIVERSITY ON STREET PARKING 167
ARTICLE V FIRE LANES OR HAZARDOUS AND CONGESTED AREAS 167
CHAPTER 10.10 STORAGE OF VEHICLES OR PROPERTY ON STREETS* 168
CHAPTER 10.11 BICYCLES 170
CHAPTER 10.12 MOTORCYCLES 171
CHAPTER 10.13 PEDESTRIANS 172
CHAPTER 10.14 RAILROADS 173
CHAPTER 10.15 MUNICIPAL AIRPORT* 175
ARTICLE I TRAFFIC UPON AIRPORT RUNWAYS AND TAXI AREAS 179
TITLE 11 FRANCHISE AGREEMENTS 180
CHAPTER 11.01 CABLE ONE (10 YEARS) 180
CHAPTER 11.02 PACIFICORP (UTAH POWER) 180
CHAPTER 11.03 INTERMOUNTAIN GAS 180
CHAPTER 11.04 FALL RIVER RURAL ELECTRIC 181
TITLE 12 STREETS, SIDEWALKS AND PUBLIC PROPERTY 182
CHAPTER 12.01 SIDEWALK CONSTRUCTION 182
CHAPTER 12.02 OBSTRUCTIONS* 185
CHAPTER 12.03 STREET NAME AND NUMBERING SYSTEM* 186
CHAPTER 12.04 PARK REGULATIONS 187
CHAPTER 12.05 ACCESS TO STREETS, ALLEYS AND PUBLIC SIDEWALKS 189
CHAPTER 12.06 PARADES AND PUBLIC ASSEMBLIES 190
CHAPTER 12.07 SIDEWALK ACCESS 192
TITLE 13 WATER AND WASTEWATER 193
CHAPTER 13.01 WATER REGULATIONS 193
CHAPTER 13.02 WATER METERS 198
CHAPTER 13.03 WASTEWATER REGULATIONS 200
ARTICLE I GENERAL PROVISIONS 202
ARTICLE II GENERAL REQUIREMENTS 202
ARTICLE III WASTEWATER DISCHARGE PERMIT REQUIREMENTS 204
ARTICLE IV REPORTING REQUIREMENTS 206
ARTICLE V SAMPLING AND ANALYTICAL REQUIREMENTS 208
ARTICLE VI COMPLIANCE MONITORING 208
ARTICLE VII CONFIDENTIAL INFORMATION 209
ARTICLE VIII PUBLICATION OF USERS IN SIGNIFICANT NON-COMPLIANCE 210
ARTICLE IX ADMINISTRATIVE ENFORCEMENT REMEDIES 210
ARTICLE X JUDICIAL ENFORCEMENT REMEDIES 211
ARTICLE XI SUPPLEMENTAL ENFORCEMENT ACTION 212
ARTICLE XII AFFIRMATIVE DEFENSES TO DISCHARGE VIOLATIONS 213
CHAPTER 13.04 WASTEWATER RATES AND CHARGES 215
TITLE 14 MOBILE 219
HOMES AND TRAVEL TRAILERS 219
CHAPTER 14.01 MOBILE HOME – GENERAL PROVISIONS 219
CHAPTER 14.02 LOCATION, PARKING, AND STORAGE RESCTRICTIONS 219
CHAPTER 14.03 CONDITIONS AND REGULATIONS 221
ARTICLE I MOBILE HOMES 221
ARTICLE II TRAVEL TRAILERS 222
CHAPTER 14.04 REGISTRATION OF OCCUPANTS 223
CHAPTER 14.05 ZONING APPROVAL 224
CHAPTER 14.06 SITE REQUIREMENTS 224
CHAPTER 14.07 SPACE REQUIREMENTS 226
CHAPTER 14.08 IMPROVEMENT REQUIREMENTS 227
CHAPTER 14.09 HEALTH, SANITATION, AND MAINTENANCE REQUIREMENTS 228
TITLE 15 BUILDINGS REGULATIONS 231
CHAPTER 15.01 BUILDING CODE* 231
CHAPTER 15.02 LIFE SAFETY* 232
CHAPTER 15.03 EXCAVATIONS 232
CHAPTER 15.04 ELECTRICAL CODE* 234
CHAPTER 15.05 GAS INSTALLATIONS 235
CHAPTER 15.06 SIGN CODE* 238
CHAPTER 15.07 INTERNATIONAL FIRE CODE* 239
CHAPTER 15.08 FIRE DEPARTMENT LOCK BOX 247
CHAPTER 15.09 FLOOD DAMAGE PREVENTION 247
TITLE 1 GENERAL PROVISIONS 1
CHAPTER 1.01 CODE ADOPTION* 1
CHAPTER 1.02 PENALTY 2
CHAPTER 1.05 INITIATIVE AND REFERENDUM* 8
CHAPTER 1.06 CITY SEAL* 8
CHAPTER 1.07 OFFICIAL NEWSPAPER* 8
CHAPTER 1.08 CEMETERY 9
CHAPTER 1.09 LIBRARY 9
CHAPTER 1.10 DEPOSITORIES* 9
CHAPTER 1.11 RIGHT OF ENTRY FOR INSPECTION 9
TITLE 2 ADMINISTRATION 11
CHAPTER 2.01 MAYOR* 11
CHAPTER 2.02 CITY COUNCIL* 13
CHAPTER 2.03 APPOINTIVE OFFICERS 21
ARTICLE I CITY TREASURER* 22
ARTICLE II CITY CLERK* 23
ARTICLE III CHIEF OF EMERGENCY SERVICES* 24
ARTICLE IV CITY ATTORNEY* 25
ARTICLE V CHIEF OF POLICE* 28
ARTICLE VI RECREATION DIRECTOR* 28
ARTICLE VII PUBLIC WORKS DIRECTOR* 29
CHAPTER 2.04 RECORDKEEPING* 30
TITLE 3 DEPARTMENTS 31
CHAPTER 3.01 DEPARTMENT OF FINANCIAL MANAGEMENT 31
CHAPTER 3.02 DEPARTMENT OF CUSTOMER SUPPORT SERVICES* 32
CHAPTER 3.03 DEPARTMENT OF EMERGENCY SERVICES* 33
CHAPTER 3.04 POLICE DEPARTMENT* 35
CHAPTER 3.05 DEPARTMENT OF PARKS 36
CHAPTER 3.06 DEPARTMENT OF PUBLIC WORKS 36
CHAPTER 3.07 DEPARTMENT OF GEOGRAPHICAL INFORMATION SYSTEMS* 39
CHAPTER 3.08 DEPARTMENT OF TECHNOLOGY COORDINATION SERVICES 39
CHAPTER 3.09 DEPARTMENT OF RECREATION 40
TITLE 4 COMMISSIONS, COMMITTEES AND BOARDS 41
CHAPTER 4.01 PLANNING AND ZONING COMMISSION* 41
CHAPTER 4.02 TABERNACLE CIVIC CENTER COMMITTEE* 42
CHAPTER 4.03 HISTORICAL PRESERVATION COMMITTEE* 42
CHAPTER 4.04 DOWNTOWN VISION COMMITTEE* 45
CHAPTER 4.05 MAYOR’S YOUTH ADVISORY BOARD* 46
CHAPTER 4.06 UPPER VALLEY ARTS COMMITTEE* 46
CHAPTER 4.07 REXBURG BEAUTIFICATION COMMITTEE* 47
CHAPTER 4.08 PARKS AND RECREATION COMMITTEE* 47
CHAPTER 4.09 MUSEUM COMMITTEE* 48
CHAPTER 4.10 INTERNATIONAL BUILDING CODE (I.B.C.) COMMITTEE* 49
CHAPTER 4.11 GOLF BOARD (JOINT CITY/COUNTY)* 49
CHAPTER 4.12 AIRPORT BOARD (JOINT CITY/COUNTY)* 50
CHAPTER 4.13 TRAILS OF MADISON COUNTY COMMITTEE (JOINT CITY/COUNTY)* 51
CHAPTER 4.14 TRAFFIC SAFETY COMMISSION* 51
TITLE 5 REVENUE AND FINANCE 53
CHAPTER 5.01 CAPITAL IMPROVEMENTS FUND* 53
CHAPTER 5.02 ARTS FEE ON CAPITAL IMPROVEMENT PROJECTS 53
CHAPTER 5.03 WATERWORKS FUND* 54
CHAPTER 5.04 REVOLVING LOAN FUND 55
CHAPTER 5.05 STREETS DEVELOPMENT IMPACT FEE REPORT* 55
TITLE 6 BUSINESS REGULATIONS 62
CHAPTER 6.01 BUSINESS LICENSES 62
CHAPTER 6.02 PEDDLERS, SOLICITORS AND TRANSIENT MERCHANTS 70
CHAPTER 6.03 BEER AND WINE SALES* 74
CHAPTER 6.04 APARTMENTS 78
CHAPTER 6.05 PLUMBERS 81
CHAPTER 6.06 MOBILE HOMES 84
CHAPTER 6.07 COIN OPERATED DEVICES 86
CHAPTER 6.08 PAWNBROKERS AND SECONDHAND STORES 90
CHAPTER 6.09 SCRAP METAL DEALERS 95
CHAPTER 6.10 TOWING AND BOOTING 97
CHAPTER 6.11 RENTAL REGISTRATION 99
TITLE 7 ANIMALS 104
CHAPTER 7.01 LIVESTOCK* 104
CHAPTER 7.02 DOGS* 105
CHAPTER 7.03 HOUSEHOLD PETS 107
CHAPTER 7.04 IMPOUNDMENT* 107
CHAPTER 7.05 DEAD ANIMALS* 109
TITLE 8 HEALTH AND SAFETY 111
CHAPTER 8.01 LITTERING* 111
CHAPTER 8.02 GARBAGE AND REFUSE COLLECTION AND DISPOSAL 112
CHAPTER 8.03 NOXIOUS WEEDS* 117
CHAPTER 8.04 FIREWORKS* 118
CHAPTER 8.05 RADIO INTERFERENCE 119
CHAPTER 8.06 PROPERTY NUISANCES 120
CHAPTER 8.07 SUBSTANCE ABUSE 121
ARTICLE I METHAMPHETAMINES 121
CHAPTER 8.08 TREES AND PLANTS 124
CHAPTER 8.09 JAYWALKING 128
CHAPTER 8.10 CLEAN AIR – BOWLING ALLEYS 129
CHAPTER 8.11 COMMUNITY SAFETY LIGHTING 130
TITLE 9 PUBLIC PEACE, MORALS AND WELFARE 135
CHAPTER 9.01 SNOWBALLS AND OTHER OBJECTS THROWN 135
CHAPTER 9.02 WEAPONS 135
CHAPTER 9.03 JUVENILE CURFEW 136
CHAPTER 9.04 HOUSE OF ILL-FAME 138
CHAPTER 9.05 GAMBLING 139
CHAPTER 9.06 PUBLIC INTOXICATION 139
CHAPTER 9.07 NOISE* 139
CHAPTER 9.08 VAGRANCY 140
TITLE 10 VEHICLES AND TRAFFIC 140
CHAPTER 10.01 IDAHO MOTOR VEHICLE LAWS* 141
CHAPTER 10.02 GENERAL PROVISIONS* 141
CHAPTER 10.03 ENFORCEMENT* 142
ARTICLE I TRAFFIC ARRESTS 146
CHAPTER 10.04 VEHICLE EQUIPMENT 147
CHAPTER 10.05 OPERATION OF VEHICLES 150
CHAPTER 10.06 PARKING METERS 153
CHAPTER 10.07 TRAFFIC CONTROL DEVICES 155
CHAPTER 10.08 SPEED REGULATIONS* 156
CHAPTER 10.09 STOPPING, STANDING AND PARKING 157
ARTICLE I RESTRICTIONS GENERALLY 162
ARTICLE II PARKING AND LOADING ZONES 163
ARTICLE III PARKING REGULATIONS 166
ARTICLE IV RESIDENTIAL UNIVERSITY ON STREET PARKING 167
ARTICLE V FIRE LANES OR HAZARDOUS AND CONGESTED AREAS 167
CHAPTER 10.10 STORAGE OF VEHICLES OR PROPERTY ON STREETS* 168
CHAPTER 10.11 BICYCLES 170
CHAPTER 10.12 MOTORCYCLES 171
CHAPTER 10.13 PEDESTRIANS 172
CHAPTER 10.14 RAILROADS 173
CHAPTER 10.15 MUNICIPAL AIRPORT* 175
ARTICLE I TRAFFIC UPON AIRPORT RUNWAYS AND TAXI AREAS 179
TITLE 11 FRANCHISE AGREEMENTS 180
CHAPTER 11.01 CABLE ONE (10 YEARS) 180
CHAPTER 11.02 PACIFICORP (UTAH POWER) 180
CHAPTER 11.03 INTERMOUNTAIN GAS 180
CHAPTER 11.04 FALL RIVER RURAL ELECTRIC 181
TITLE 12 STREETS, SIDEWALKS AND PUBLIC PROPERTY 182
CHAPTER 12.01 SIDEWALK CONSTRUCTION 182
CHAPTER 12.02 OBSTRUCTIONS* 185
CHAPTER 12.03 STREET NAME AND NUMBERING SYSTEM* 186
CHAPTER 12.04 PARK REGULATIONS 187
CHAPTER 12.05 ACCESS TO STREETS, ALLEYS AND PUBLIC SIDEWALKS 189
CHAPTER 12.06 PARADES AND PUBLIC ASSEMBLIES 190
CHAPTER 12.07 SIDEWALK ACCESS 192
TITLE 13 WATER AND WASTEWATER 193
CHAPTER 13.01 WATER REGULATIONS 193
CHAPTER 13.02 WATER METERS 198
CHAPTER 13.03 WASTEWATER REGULATIONS 200
ARTICLE I GENERAL PROVISIONS 202
ARTICLE II GENERAL REQUIREMENTS 202
ARTICLE III WASTEWATER DISCHARGE PERMIT REQUIREMENTS 204
ARTICLE IV REPORTING REQUIREMENTS 206
ARTICLE V SAMPLING AND ANALYTICAL REQUIREMENTS 208
ARTICLE VI COMPLIANCE MONITORING 208
ARTICLE VII CONFIDENTIAL INFORMATION 209
ARTICLE VIII PUBLICATION OF USERS IN SIGNIFICANT NON-COMPLIANCE 210
ARTICLE IX ADMINISTRATIVE ENFORCEMENT REMEDIES 210
ARTICLE X JUDICIAL ENFORCEMENT REMEDIES 211
ARTICLE XI SUPPLEMENTAL ENFORCEMENT ACTION 212
ARTICLE XII AFFIRMATIVE DEFENSES TO DISCHARGE VIOLATIONS 213
CHAPTER 13.04 WASTEWATER RATES AND CHARGES 215
TITLE 14 MOBILE 219
HOMES AND TRAVEL TRAILERS 219
CHAPTER 14.01 MOBILE HOME – GENERAL PROVISIONS 219
CHAPTER 14.02 LOCATION, PARKING, AND STORAGE RESCTRICTIONS 219
CHAPTER 14.03 CONDITIONS AND REGULATIONS 221
ARTICLE I MOBILE HOMES 221
ARTICLE II TRAVEL TRAILERS 222
CHAPTER 14.04 REGISTRATION OF OCCUPANTS 223
CHAPTER 14.05 ZONING APPROVAL 224
CHAPTER 14.06 SITE REQUIREMENTS 224
CHAPTER 14.07 SPACE REQUIREMENTS 226
CHAPTER 14.08 IMPROVEMENT REQUIREMENTS 227
CHAPTER 14.09 HEALTH, SANITATION, AND MAINTENANCE REQUIREMENTS 228
TITLE 15 BUILDINGS REGULATIONS 231
CHAPTER 15.01 BUILDING CODE* 231
CHAPTER 15.02 LIFE SAFETY* 232
CHAPTER 15.03 EXCAVATIONS 232
CHAPTER 15.04 ELECTRICAL CODE* 234
CHAPTER 15.05 GAS INSTALLATIONS 235
CHAPTER 15.06 SIGN CODE* 238
CHAPTER 15.07 INTERNATIONAL FIRE CODE* 239
CHAPTER 15.08 FIRE DEPARTMENT LOCK BOX 247
CHAPTER 15.09 FLOOD DAMAGE PREVENTION 247
CHAPTER 15.10 COMMERICAL BUILDING DESIGN STANDARDS 256
TITLE 16 ZONING 257
CHAPTER 16.01 DEVELOPMENT CODE 257
CHAPTER 16.02 DEVELOPMENT IMPACT FEE 257
CHAPTER 16.03 COMPREHENSIVE PLAN 259
CHAPTER 16.07 IMPACT AREA JOINT COMMISSION 259
CHAPTER 16.09 SUBDIVISION REGULATIONS 260
CHAPTER 16.10 URBAN RENEWAL 260
PREFACE
Most cities have a comprehensive legal code. The legal code for a city is a living document whose sections may be added to, amended, and/or repealed based on local laws. For Rexburg,
the project to codify has been a significant challenge. In 1976, the Teton Dam collapsed flooding Rexburg and many other surrounding cities. The flood left thousands of lives, homes,
and businesses in disaster. In addition to this wreckage, the city’s ledger books were damaged leaving some beyond repair.
Since 1976, the city has appointed help in compiling codifications that have unfortunately been incomplete. The flood has ultimately made the efforts to codify difficult. However, with
the help of Brigham Young University – Idaho and its students, these efforts have continued and progress is being made in remarkable strides.
The following is a compilation of significant city ordinances from 1883, when Rexburg was incorporated by the State of Idaho, to present. Please note that amendments, additions, and/or
deletions will be a constant. Therefore, each subsequent version of the code will vary from its previous. This version of the code was created January 1, 2015, to provide citizens and
city officials with the most efficient and complete access to the city’s laws and ordinances to date.
This version of the Rexburg Municipal Code reviews Ordinances 1 through 1165.
Published by City of Rexburg August 10th, 2007
TITLE 1 GENERAL PROVISIONS
Title 1 sets forth the provisions applicable to the City generally and to all sections of the Code.
CHAPTER 1.01 CODE ADOPTION*
*Note to Chapter 1.01: For statutory provisions continuing in force all ordinances passed by a city under its former organization, until altered or repealed by the mayor and council,
see Idaho Code §50--201.
1.01.010 Definitions and interpretation of terms
The following words and phrases, whenever used in the ordinances of the city of Rexburg, Idaho, shall be construed as defined in this section unless from the context a different meaning
is intended or unless a different meaning is specifically defined and more particularly directed to the use of such words or phrases:
For a complete list of the definitions please see Ord. 562 §1, 1975.
1.01.020 Grammatical interpretation of terms
The following grammatical rules shall apply in the ordinances of the city:
Gender. Designation in the form of any gender includes the masculine, feminine and neuter genders;
Singular and Plural. The singular number includes the plural and the plural includes the singular;
Tenses. Words used in the present tense include the past and the future tenses and vice versa, unless manifestly inapplicable;
Use of Words and Phrases. Words and phrases not specifically defined shall be construed according to the context and approved usage of the language. (Ord. 562 §2, 1975).
1.01.030 Prohibited acts include causing, permitting or concealing
Whenever in the ordinances of the city any act or omission is made unlawful, it shall include causing, allowing, permitting, aiding, abetting, suffering or concealing the fact of such
act or omission. (Ord. 562 §3, 1975).
1.01.040 Construction
The provisions of the ordinances of the city, and all proceedings under them, are to be construed with a view to affect their objects and to promote justice. (Ord. 562 §4, 1975).
1.01.050 Repeal shall not revive any ordinances
The repeal of an ordinance shall not repeal the repealing clause of such ordinance or revive any ordinance which has been repealed thereby. (Ord. 562 §5, 1975).
1.01.060 Code not to affect prior offenses, rights, etc.
Nothing in this Code or the ordinance adopting this Code shall affect any offense or act committed or done, or any penalty or forfeiture incurred, or any contract or right established
or accruing before the effective date of this Code.
The adoption of this Code shall not be interpreted as authorizing any use or continuance of any use of a structure or premises in violation of any ordinance of the City in effect on
the date of adoption of this Code, except as otherwise provided.
CHAPTER 1.02 PENALTY
1.02.010 Violations and penalty – Municipal infractions
Unless otherwise provided by resolution of the Mayor and Council, the fine to be imposed for a municipal infraction shall be the maximum allowed by State law for a municipal infraction.
Unless otherwise provided, each day a violation continues shall constitute a separate and repeat violation.
The imposition of a municipal infraction does not prevent license revocation or the imposition of administrative sanctions.
1.02.020 Violations and penalty – Misdemeanors
Except as otherwise provided by ordinance of the Mayor and Council, any person found guilty of violating any provision of this Code shall be guilty of a misdemeanor and shall be subject
to a fine not exceeding three hundred ($300), or by imprisonment in a county jail not exceeding six (6) months, or by both. Each day a violation continues shall constitute a separate
offense. In addition to any other punishment prescribed for misdemeanors in specific statutes of the Idaho Code, the court may also impose a fine of up to three hundred dollars ($300).
This paragraph shall not apply if the specific misdemeanor statute provides for the imposition of a fine. The imposition of a penalty pursuant to this section does not prevent license
revocation or the imposition of administrative sanctions.
NOTE: All Rexburg City Ordinance Misdemeanor violation penalties are hereby amended to be Infraction penalties for the City of Rexburg. (Ordinance 1164 §1, 2017).
1.02.030 Severability
It is hereby declared to be the intention of the Council that the sections, paragraphs, sentences, clauses and words of this Code are severable, and if any word, clause, sentence, paragraph
or section of the Code shall be declared unconstitutional or otherwise invalid by the valid judgment or decree of any court of competent jurisdiction, such unconstitutionality or invalidity
shall not affect any of the remaining words, clauses, sentences, paragraphs and sections of this Code, because the same would have been enacted by the Council without the
incorporation of this Code of any such unconstitutional or invalid word, clause, sentence, paragraph or section.
Chapter 1.03 city limits / The current Rexburg Maps can be found at the follow web address: http://rexburg.org/pages/Maps
Chapter 1.04 Elections / The current Rexburg Maps can be found at the follow web address: http://rexburg.org/pages/Maps
1.04.020 Election precincts
The City of Rexburg shall be divided into Twelve (12) precincts which shall each and respectively comprise that portion of the City set forth as follows:
Third Precinct: shall comprise and include all of that part of the City described as follows:
North of West Main Street and West of U.S. Hwy 20; See attached Precinct map dated November 04, 2003.
Fifth Precinct: shall comprise and include all of that part of the City of Rexburg described as follows:
North of Main Street and west of Center Street; Also those areas that are part of the City of Rexburg north of the Eastern Idaho Rail Road tracks and west of Second East; See attached
Precinct map dated November 04, 2003.
Seventh Precinct: shall comprise and include all of that part of the City described as follows:
Those areas south of the Eastern Idaho Rail Road and North of Main Street following an easterly direction to North 4th East then to Reed Street then to Morgan Drive then north on Millhollow
Road to East 1st North then east on North Hill Road to Barney Dairy Road. Also, those areas that are part of the City east of 2nd East and north of Eastern Idaho Rail Road; See attached
Precinct map dated November 04, 2003.
Eighth Precinct: shall comprise and include all of that part of the City described as follows:
The area that is located south of Main Street, east of 12th West, north of 7th South and the South Yellowstone Hwy, and west of South 5th West; See attached Precinct map dated November
04, 2003.
Ninth Precinct: shall comprise and include all of that part of the City described as follows:
The area south of Main Street, east of South 5th West, north of West 4th South and west of South 2nd West; See attached Precinct map dated November 04, 2003.
Tenth Precinct: shall comprise and include all of that part of the City described as follows:
The area south of West 4th South, east of the South Yellowstone Hwy, north of West 7th South, and west of South 2nd West; See attached Precinct map dated November 04, 2003.
Eleventh Precinct: shall comprise and include all of that part of the City described as follows:
The area south of Main Street, East of South 2nd west, north of West 2nd South, and west of South Center Street; See attached Precinct map dated November 04, 2003.
Twelfth Precinct: shall comprise and include all of that part of the City described as follows:
The area south of West 2nd South, east of South 2nd West, north of West 4th South, and west of South 1st West; See attached Precinct map dated November 04, 2003.
Thirteenth Precinct: shall comprise and include all of that part of the City described as follows:
The area south of West 4th South, West Viking Street, and East Viking Street; East of South 2nd West, north of East and West 7th South, and west of South 2nd East; See attached Precinct
map dated November 04, 2003.
Fourteenth Precinct: shall comprise and include all of that part of the City described as follows:
The area south of Main Street between South Center Street and South 2nd East, then the area south of 2nd South between South 1st West and South 2nd East going south to West and East
Viking Street. See attached Precinct map dated November 04, 2003.
Fifteenth Precinct: shall comprise and include all of that part of the City described as follows:
The area south of 7th South; also those parts of the City that are south of East 5th South, and Terra Vista Drive; also, the area south of Rolling Hills Drive between Shoshone Avenue
and South Millhollow Road; See attached Precinct map dated November 04, 2003.
Sixteenth Precinct: shall comprise and include all of that part of the City described as follows:
The area east of 2nd East between East Main Street and East 5th South going in an easterly direction on East 5th South to South 4th East; then north to TerraVista Drive going east to
Shoshone Avenue; then north and east on Rolling Hills Drive to South Millhollow Road; then south on South Millhollow Road to the City Limits. The north boundary goes east on East Main
Street to North 4th East, then to Reed Street, then to Morgan Drive, then north on Millhollow Road to East 1st North, then east on North Hill Road to the City Limits on Barney Dairy
Road. See attached Precinct map dated November 04, 2003. (Ord. 905, §2, 2003)
1.04.030 Election poll hours
The polls for all general and special city elections shall be opened from 8:00 A.M., and remain open until all registered electors of that precinct have voted or until 8:00 P.M., whichever
comes first. (Ord. 773 §1, 1995).
CHAPTER 1.05 INITIATIVE AND REFERENDUM*
*Note to Chapter 1.05: For provisions regarding the requirements for initiative and/or referendum guidelines, see Idaho Code §34-18.
1.05.010 Submissions
Initiative and referendum petitions with the requisite number of signatures attached shall be filed with the secretary of state in accordance to their respective gathering and filing
times. (Idaho Code §§34-1802 and 34-1803).
CHAPTER 1.06 CITY SEAL*
*Note to Chapter 1.06: For further detail on powers and duties of the city clerk see §2.03.080 of this code.
1.06.010 Use of City Seal
The city clerk shall be the keeper of the common seal of the city, and shall affix it to all public instruments or official acts of the council, which by the law or Ordinance are required
to be attested by the City seal; and in the meantime preserve said seal in a secure place and secure from interference. (Ord. 116 §2 1904: Ord. 58 §2(part), 1903).
1.06.020 Previous City Seal
/
1.06.030 Redesigned City Seal and Logotype
/
CHAPTER 1.07 OFFICIAL NEWSPAPER*
*Note to Chapter 1.07: For statutory provisions regarding the designation of an official newspaper, see Idaho Code §50-213. For provisions concerning the qualifications of such a newspaper,
see Idaho Code §60-106.
1.07.010 Official newspapers designated
The Rexburg Standard-Journal Newspapers, printed and published in the city, are designated the official newspapers of the city and such ordinances, notices and publications as are required
by law to be published in a newspaper shall be published in the Rexburg Standard-Journal Newspapers. (Ord. 472 §1, 1968).
CHAPTER 1.08 CEMETERY
1.08.010 Administration
Managed through own county or taxing district.
CHAPTER 1.09 LIBRARY
1.09.010 Administration
Managed through own county or taxing district.
CHAPTER 1.10 DEPOSITORIES*
*Note to Chapter 1.10: For provisions regarding the requirements for official depositories, see Idaho Code Ch. §57-1.
1.10.010 Depositories designated
All official depositories for the City of Rexburg shall be designated by resolution as an official depository for the funds of the City of Rexburg, Idaho. The City Treasurer is hereby
ordered, required and directed to keep moneys belonging to, or in the care of, the City Treasurer in any so designated depository; provided, however, that when so authorized by the
Mayor and Council, city funds may be, by the Treasurer, invested in securities authorized by law. (Ord. 1009 §1, 2008).
CHAPTER 1.11 RIGHT OF ENTRY FOR INSPECTION
1.11.010 Inspection authorization – Procedures required
Whenever necessary to make an inspection to enforce any ordinance or resolution, or whenever there is reasonable cause to believe there exists an ordinance or resolution
violation in any building or upon any premises within the jurisdiction of the city, any authorized official of the city may, upon presentation of proper credentials, enter such building
or premises at all reasonable times to inspect the same or to perform any duty imposed upon him by ordinance; provided, that except in emergency situations or when consent of the owner
and/or occupant to the inspection has been otherwise obtained, he shall give the owner and/or occupant, if they can be located after reasonable effort, twenty-four hours' written notice
of the authorized official's intention to inspect. The notice transmitted to the owner and/or occupant shall state that the property owner has the right to refuse entry and that in
the event such entry is refused, inspection may be made only upon issuance of search warrant by a duly authorized magistrate. In the event the owner and/or occupant refuses entry after
such request has been made, the official is empowered to seek assistance from any court of competent jurisdiction in obtaining such entry. (Ord. 563 §1, 1975).
TITLE 2 ADMINISTRATION
Title 2 sets forth the creation, procedures, functions, powers and duties of the various administrative positions of the City government.
CHAPTER 2.01 MAYOR*
*Note to Chapter 2.01: For Statutory provisions concerning the composition and powers of the mayor, see Idaho Code §50-6.
2.01.010 Office of Mayor
The mayor, except as provided in Idaho Code, sections 50-801 through 50-812, shall be the chief administrative official of the city, preside over the meetings of the city council and
determine the order of business subject to such rules as the council may prescribe, have a vote only when the council is equally divided, have the superintending control of all the
officers and affairs of the city, preserve order, and take care that the ordinances of the city and provisions of this act are complied with and enforced (Idaho Code §50-602).
The Mayor shall be the Supervising Executive and Administrative Officer of the City government, shall enforce the laws of the City and require the faithful performance of all administrative
duties.
2.01.020 Qualifications to hold the office of Mayor
Any person shall be eligible to hold the office of mayor who is a qualified elector of the city at the time his declaration of candidacy or declaration of intent is submitted to the
city clerk and remains a qualified elector during his term of office (Idaho Code §50-601).
2.01.030 Term of office
The term of office of mayor shall be for a period of four (4) years except as otherwise specifically provided. He shall take office at the time and in the manner provided for installation
of councilmen (Idaho Code §50-601).
2.01.040 Vacancy in the office of Mayor
In case of a temporary vacancy in the office of mayor due to absence or disability, the president of the council shall exercise the office of mayor during such disability or temporary
absence, and until the mayor shall return. When a vacancy occurs in the office of mayor by reason of death, resignation or permanent disability, the city council shall fill the vacancy
from within or without the council as may be deemed in the best interests of the city, which appointee shall serve until the next general city election, at which election a mayor shall
be elected for the full four (4) year term. (Idaho Code §50-608).
2.01.050 Duties of Mayor
Appointment and dismissal. Appoint competent, qualified officers and employees to the administrative service, and shall have the power to dismiss, suspend and discipline, in
accordance with the Personnel Handbook, all officers and employees in the administrative service under his control. He also shall have the power to authorize a department head or officer
responsible to him to appoint and remove subordinates serving under that department head or officer.
Appointment to acting capacity. Designate himself or some other officer or employee to perform the duties of any office or position in the administrative service under his control which
is vacant or which lacks administration due to the absence or disability of the incumbent.
Annual report. Prepare and present to the Council an annual report of the City's affairs, including a summary of reports of department heads, and such other reports as the Council shall
require.
Budget report. In collaboration with the Director of Finance, the Mayor shall assemble estimates of the financial needs and resources of the City for each ensuing year, and shall prepare
a program of activities within the financial power of the City, embodying in it a budget document with proper supporting schedules and analyses.
2.01.060 Powers of Mayor
Assignment of employees. Have the power to assign any employee of the City to any department or branch thereof requiring services appropriate of the employee so assigned.
Prescribe rules. Have the power to prescribe such rules and regulations as he shall deem necessary or expedient for the conduct of administrative agencies subject to his authority, and
he shall have the power to revoke, suspend, or amend any rule or regulation of the administrative service by whomever prescribed.
Investigate. Have the power, either by himself or by any officer or person designated for the purpose by him, to investigate and to examine or inquire into the affairs or operation
of any department, division, bureau, or office; and when so authorized by the Council, he shall have power to employ consultants and professional counsel to aid in such investigations,
examinations, or inquiries.
Overrule officials. Have the power to set aside any action taken by a department head and may supersede him in the functions of his office.
Delegate duties. Have the power to direct any department, division or bureau to perform the work for any other department, division or bureau.
Coordinate departments. Be responsible for the coordination of the administrative heads of each department of City government and for the review and analysis of the operation and administration
of all departments, boards and commissions established by the administrative ordinance.
Accounts and Reports. Have the power to require all appointed administrative officers and administrative employees of the City to furnish any information connected with or related to
their official or assigned duties. Annually, at the request of the Chief
Executive, all heads of departments, boards and commissions shall provide the Chief Executive with a comprehensive report analyzing the conditions and operations of the department, shall
recommend measure, and shall project need for the ensuing fiscal year. The mayor shall have the power, when he deems it necessary, to require any officer of the city to exhibit his
accounts or other papers, and to make written reports pertaining to his office to the council.
2.01.070 Police powers of the Mayor
The mayor shall have such jurisdiction as may be vested in him by ordinance over all places within five (5) miles of the corporate limits of the city, for the enforcement of any health
or quarantine ordinance and regulation thereof, and shall have jurisdiction in all matters vested in him by ordinance, except taxation, within one (1) mile of the corporate limits of
said city and over such properties as may be owned by the city without the corporate limits. (Idaho Code §50-606).
The mayor is authorized to call on every resident in the city over twenty-one (21) years of age to aid in enforcing the laws. (Idaho Code §50-609).
2.01.080 Special meetings of Council, calling
The mayor shall have the power to call special meetings of the city council, the object of which shall be submitted to the council in writing; the call and object, as well as the disposition
thereof, shall be entered upon the journal by the clerk. (Idaho Code §50-604).
2.01.090 Messages to the Council
The mayor shall, from time to time, communicate to the city council such information and recommend such measures as, in his opinion, may tend to the improvement of the finances, the
protection, the health, the security, the ornament, the comfort, and the general welfare and prosperity of the city. (Idaho Code §50-603).
2.01.100 Mayor Salary
The Mayor shall receive an annual salary in the sum of Seventy Nine Thousand One Hundred Ninety Two Dollars ($79,192), and shall be paid Three Thousand Two Hundred Ninety Nine Dollars
and Sixty Seven Cents ($3,299.67) semi-monthly; and receive benefits consistent with employee coverage. (Ordinance 1209, §1, 2019).
CHAPTER 2.02 CITY COUNCIL*
*Note to Chapter 2.02: For Statutory provisions concerning the composition and powers of the City Council, see Idaho Code 50-7.
2.02.010 Regular meetings – Time and place
The Council shall hold regular meetings the first and third Wednesday of the month at 6:30 p.m. at City Hall at 35 North 1st East Street. The City Clerk shall provide forty-eight (48)
hour agenda notice prior to each meeting, however, additional agenda items may be added to the agenda by the Mayor and City Council up to and including the hour of the meeting,
provided a good faith effort is made to include in the notice all agenda items known at the time to be probable items of discussion. Meeting and agenda notices shall be posted on the
bulletin board at City Hall and on www.rexburg.org. The regular meeting schedule may be altered, and meetings may be added to the regular schedule by an action of the Council. (Resolution
No. 2016-16 §1C)
A quorum of the actual membership, excluding vacancies, shall be necessary to conduct business and take official action. A majority of the actual membership physically present shall
constitute a quorum. The Mayor shall not be counted in determining a quorum. (Resolution No. 2005-06 §1B)
All meetings of the City Council except as provided in Resolution No. 2005-06 §1E, shall be open to the public in compliance with Idaho Open Meeting Law Act (Idaho Code 74-201 through
74-208).
2.02.020 Special meetings – Procedure
A special meeting of the Council may be called at any time by the Mayor or a majority of the members of the full Council. Meeting and agenda notice shall be made at least twenty-four
(24) hours prior to any special meeting, unless an emergency exists. In the event of an unexpected circumstance that requires immediate attention of the Council, the Mayor may call
an emergency meeting of the Council. Only those items relative to the emergency and requiring immediate attention may be considered at an emergency meeting. If an emergency meeting
is called, all reasonable efforts shall be made to notify the public. (Resolution No. 2005-06 §1D).
2.02.030 Executive session
Executive session shall mean any meeting or part of a meeting of the City Council which is closed to any persons for deliberation on any of the below listed matters. Upon a two-thirds
(2/3) roll call vote of the full Council, the Council shall meet in executive session, after the presiding officer has identified the specific authorized purpose for the executive session,
as listed below. No executive session may be held for the purpose of taking any final action or making any final decision.
To consider hiring a public officer, employee, staff member or individual agent, but not appointment to a vacancy in an elective office;
To consider the evaluation, dismissal, disciplining or hearing complaints or charges against a public officer, employee, staff member or agent;
To conduct deliberations concerning labor negotiations, or to acquire an interest in real property which is not owned by a public agency;
To consider records that are exempt by law from public inspection;
To consider preliminary negotiations involving matters of trade or commerce in which the City Council is in competition with governing bodies in other states or nations;
To consider and advise legal representatives in pending litigation or where there is a general public awareness of probable litigation;
To conduct labor negotiations if either side requests closed meetings. (Resolution No. 2005-06 §1A).
2.02.040 Agenda
An item may be placed on the agenda only by the Mayor or a member of the City Council. To be included on the agenda, an item must be received by the City Clerk two (2) working days in
advance of the subject meeting. A consent calendar may be used for common and non-controversial items. An item on the agenda may be discussed without preceding motion. Any citizen or
group wishing to address the Council may be placed on the agenda by the Mayor or a member of the City Council. The Mayor may provide for a public comment period on any agenda. (Resolution
No. 2005-06 §2A).
2.02.050 Minutes
The City Clerk shall take full and accurate minutes of all Council proceedings. Minutes shall contain the roll call of the Council; all motions by verbatim, resolutions, orders, or ordinances
proposed; the Council Members moving and seconding each question; the disposition of each question; and the results of all votes. Minutes shall include the motion and roll call vote
to convene an executive session, and the specific authorized purpose for the executive session, as listed in Section 1, Subsection E of this Resolution. Minutes shall be available for
public inspection during normal office hours within a reasonable time after each meeting. (Resolution No. 2005-06 §2B).
2.02.060 Presiding officer
The Mayor shall preside at all meetings of the City Council, and control the order of the agenda. In the absence of the Mayor, the Council President shall preside. When any
member is about to speak in debate or deliver any matter to the Council, he/she shall respectfully address the presiding officer, and shall confine him/herself to the question in debate
and shall not make personal comments or criticisms addressed to any individual.
The presiding officer has the power to:
Control the floor and grant permission to speak;
Rule motions in or out of order;
Determine whether a speaker has gone beyond reasonable standards of courtesy, and rule a member out of order on this ground;
Entertain and rule on questions of procedure;
Call a brief recess at any time;
Adjourn in the case of an emergency. (Resolution No. 2005-06 §3).
2.02.070 Substantive motions
A motion may be made by any Council Member. A motion requires a second from another Council Member. A member may make only one motion at a time. Only one substantive motion may be considered
at a time. A motion may be adopted only by majority vote of Council Members present. A roll call vote shall be taken upon the request of any member. The presiding officer shall state
the motion, and then open the floor for Council discussion and debate according to the following principals:
A member must be recognized by the presiding officer in order to speak.
The maker of the motion is entitled to speak first.
A member who has not spoken on the issue shall be recognized prior to one who has previously spoken on the issue.
To the extent possible, debate shall alternate between proponents and opponents of the issue. (Resolution No. 2005-06 §4A).
2.02.080 Procedural motions
A procedural motion takes precedence over a substantive motion, and may interrupt deliberations on a substantive motion. A procedural motion is debatable and may be amended. In order
of priority, allowable procedural motions are:
Motion to Appeal a Ruling of the Presiding Officer. A ruling of the presiding officer may be appealed. A motion to appeal the ruling of the presiding officer shall only be in order immediately
following the ruling in question and prior to any further action. The member making this motion need not be recognized by the presiding officer, and, if timely made, can not be ruled
out of order.
Motion to Adjourn. A member may move to adjourn prior to completion of the agenda, providing no other motion is pending and the motion to adjourn does not interrupt deliberations.
Motion to Recess. A member may move to take a brief recess, providing it follows consideration of a substantive action and does not interrupt deliberations. If passed, the presiding
officer shall establish the duration of the recess.
Motion to Suspend the Rules. A member may move to suspend the rules. The motion must state the rule(s) being suspended. Rules imposed by state or federal law may not be suspended.
Motion to Convene an Executive Session. A member may move to close deliberations to the public and convene an executive session. The reason for the executive session, as listed in Section
1, Subsection E of this Resolution, must be stated in the motion. Substantive motions are not in order in executive session.
Motion to Leave Executive Session. The Council must leave executive session and return to open session prior to adjournment. This must be done by motion and voted upon.
Motion to Divide the Question. A member may move to divide a question under deliberation. The division must be stated in the motion.
Motion to Defer Consideration. A member may move to defer consideration of a substantive motion or other matter before the Council. The motion to defer may state a time certain. If it
is not revived prior to achieving the stated time, the substantive motion which has been deferred expires. If no time certain is stated in the motion to defer, and the issue is not
revived, the deferred substantive motion expires in 180 days. If consideration of a motion has been deferred and the deferral remains pending, a new motion having substantially the
same effect is not in order.
Motion to Revive. A member may move to revive consideration of a substantive motion, which has been deferred regardless of whether that member made the motion to defer. A motion to revive
shall not be in order in the same meeting in which a motion to defer has passed on the same question.
Motion to Call the Previous Question. A member may move to call for a vote on the previous question. A motion for the previous question is not in order until every member who wishes
to speak has had the opportunity to speak at least once.
Motion to Refer to Committee. A member may move to refer a matter before the Council to a committee for study and review. Thirty days after a matter before the Council has been referred
to a committee, the maker of the original substantive motion may move the original motion again regardless of action or lack thereof by the committee.
Motion to Amend. A member may move to amend a substantive motion before the Council. A motion to amend must be pertinent to the original motion. A motion to amend is out of order if
the effect of the amendment is the same as rejecting the original motion. A motion may be amended, and that amendment may be amended, but no further amendments may be made until the
last-offered amendment is decided on by vote. An amendment shall be reduced to writing before the vote on the amendment.
Motion to Substitute. A member may move to substitute completely different wording for a motion currently under deliberation.
Motion to Reconsider. A member on the prevailing side of a vote may move to reconsider the outcome of that vote. The motion to reconsider is only in order at the meeting at which the
original vote was taken. The motion cannot interrupt deliberations on a pending matter, but is in order at any time prior to final adjournment of the meeting.
Motion to Repeal. A member may move to rescind or repeal any earlier action of the Council. The motion is not in order if rescission or repeal would violate by state or federal law.
Motion to Prevent Reintroduction. A member may move to prevent reintroduction of a matter before the Council for up to six months. This motion shall be in order immediately following
defeat of a substantive motion and at no other time. (Resolution No. 2005-06 §4B).
2.02.090 Withdrawal of a motion
The maker of the motion may withdraw a motion, either substantive or procedural, at any time before it is amended or the presiding officer puts it to a vote. (Resolution No. 2005-06
§4C).
2.02.100 Renewal of a motion
A substantive motion that is defeated may be reintroduced at a later meeting unless a motion to prevent reconsideration has been adopted. (Resolution No. 2005-06 §4D).
2.02.110 Physical presence
A member must be physically present to vote. Proxy voting is not allowed. (Resolution No. 2005-06 §4G).
For the purpose of holding regular or special meetings a number less than a majority may compel the attendance of absent members in such manner and under such penalties as the council
may, by ordinance, have previously prescribed. Regular or special meetings of the council may be recessed until further notice. (Idaho Code §50-705).
2.02.120 Duty to vote
A member may not abstain from voting unless a conflict of interest is declared, and the nature of the conflict is described in open session. A member declaring a conflict of interest
for the purpose of abstaining from a vote may be compelled to vote by a majority vote of the remaining members. (Resolution No. 2005-06 §4H).
2.02.130 Classifications of bills, ordinances and resolutions
All actions of the Council involving the exercise of the City’s legislative and police power functions, or actions otherwise required by law to be in ordinance form, shall be designated
upon final passage as Ordinances and appear in form required by law. Upon first reading and prior to final passage, all ordinances shall be issued a Bill number.
All other actions of the Council relating to the administrative business of the City and requiring written findings or statements shall be designated as resolutions. (Resolution No.
2005-06 §6A).
2.02.140 Reading of bills and resolutions
Bills: Prior to final passage, all bills shall be read on three (3) different days, two (2) readings of which may be by title only and one reading of which shall be in full, unless
a majority of the members of the full Council shall dispense with the rule.
Resolutions: Prior to final passage, all resolutions shall be read on one day, the reading of which may be by title only. (Resolution No. 2005-06 §6B).
2.02.140 Boards, commissions and committees
The Council may establish citizen boards, commissions, and committees to assist and advise it in its work. Bylaws, organization, membership, scope and jurisdiction, and procedural rules
of such committees shall be established by the Council. (Resolution No. 2005-06 §7).
2.02.150 Unresolved questions
Questions not resolved by rules established by the Council shall be settled by the current edition of Roberts Rules of Order, so long as it does not conflict with Idaho law. (Resolution
No. 2005-06 §8).
2.02.160 Council Member salary
Commencing January 1, 2020, Each member of the City Council shall receive an annual salary in the sum of Nine Thousand Two Hundred Twenty Six Dollars ($9,226), and shall be paid Three
Hundred Eighty Four Dollars and Forty Two Cents ($384.42) semi-monthly; and receive benefits consistent with employee coverage. The City Council President shall receive an extra Fifty
Dollars ($50.00) semi-monthly to compensate for additional duties and responsibilities of that office. (Ordinance 1209 §2, 2019).
2.02.170 Qualifications to hold the office of city Council Member
Any person shall be eligible to hold the office of councilman of his city who is a qualified elector at the time his declaration of candidacy or declaration of intent is submitted to
the city clerk, and remains a qualified elector under the constitution and laws of the state of Idaho. Each councilman elected at a general city election, except as otherwise specifically
provided, shall hold office for a term of four (4) years, and until his successor is elected and qualified. Councilmen elected at each general city election shall be installed at the
first meeting in January following election. The manner of conducting that meeting shall be as herein set forth and not otherwise: the incumbents shall meet and conduct such business
as may be necessary to conclude the fiscal matters of the preceding year; the newly elected shall then subscribe to the oath of office, be presented certificates of election, assume
the duties of their position, and conduct such business as may be necessary, one (1) item of which shall be the election of a member as president of the council. (Idaho Code §50-702).
2.02.180 Term of office for City Council Members
For additional information please see Idaho Code §50-702.
2.02.190 President of the Council, election of
For additional information please see Idaho Code §50-702.
2.02.200 President of the Council, Election of
For additional information please see Idaho Code §50-702.
2.02.210 Vacancies on the Council and appointment to the Council
A vacancy on the council shall be filled by appointment made by the mayor with the consent of the council, which appointee shall serve only until the next general city election, at which
such vacancy shall be filled for the balance of the original term. (Idaho Code §50-704).
2.02.220 Powers of the Council
The legislative authority of each city in the state of Idaho, except those operating under the provisions of section[s] 50-801 through 50-812 shall be vested in a council consisting
of either four (4) or six (6) members, one half (1/2) of whom shall be elected at each general city election. Councils shall have such powers and duties as are now or may hereafter
be provided under the general laws of the state of Idaho. (Idaho Code §50-701).
2.02.230 Change in number of Council Members
Any city may change to the greater or lesser number of councilmen after an election instituted by resolution of the council or by petition as provided for initiative in sections 50-502
through 50-517, Idaho Code, such election to be held not less than sixty (60) days before any general city election. When the proposition submitted to the electors shall receive a favorable
vote, officials shall be elected at the succeeding general city election, provided however, that should such election be conducted in a year when no general city election is to be held,
such new positions shall be filled by appointment within thirty (30) days.
When the number of councilmen to be elected is to be reduced from six (6) to four (4), there shall be elected one (1) councilman, to serve a term of four (4) years. At the next succeeding
general city election, there shall be elected two (2) councilmen, each to serve a term of four (4) years, and one (1) councilman to serve a term of two (2) years.
When the number of councilmen to be elected is to be increased from four (4) to six (6), there shall be elected three (3) councilmen, each to serve a term of four (4) years, and one
(1) councilman to serve a term of two (2) years.
Any city operating under the city manager form of government may change to the greater or lesser number of councilmen after an election instituted under subsection (A).
When the number of councilmen to be elected is to be reduced from seven (7) to five (5);
If there are four (4) councilmen up for election at the next general city election, there shall be elected two (2) councilmen, each to serve a term of four (4) years.
If there are three (3) councilmen up for election at the next general city election, there shall be elected one (1) councilman, to serve a term of four (4) years. At the next succeeding
general city election, there shall be elected three (3) councilmen, each to serve a term of four (4) years and one (1) councilman, to serve a term of two (2) years.
When the number of councilmen to be elected is to be increased from five (5) to seven (7);
If there are two (2) councilmen up for election at the next general city election, there shall be elected four (4) councilmen, each to serve a term of four (4) years.
If there are three (3) councilmen up for election at the next general city election, there shall be elected four (4) councilmen, each to serve a term of four (4) years and one (1) councilman
to serve a term of two (2) years. (Idaho Code §50-703).
2.02.240 Examination of accounts of fiscal officers
At least once in each quarter of each year, the council shall examine, either in open session or by committee, the accounts and doings of all officers or other persons having the care,
management or disposition of moneys, property or business of the city (Idaho Code §50-708).
CHAPTER 2.03 APPOINTIVE OFFICERS
2.03.010 Table of departments and heads
The following officers are appointed by the Mayor and ratified by the City Council:
Department
Officer
Financial Management
City Treasurer
Customer Support Services
City Clerk
Emergency Services
Chief of Emergency Services
Legal
City Attorney
Police
Chief of Police
Parks and Recreation
Recreation Director
Public Works
Public Works Director
* The GIS Coordinator is appointed jointly by the city and county.
2.03.020 Oaths of office*
*Note to §2.07.020: Rexburg’s Official Oath is adapted from Idaho Code §59-401.
Persons Required to take Oath of Office. Each of the following officers and employees in the Administrative Service shall be required to take an oath of office before entering upon the
discharge of his duties, which oath shall be subscribed by the person taking it and shall be filed and preserved in the office of the City Clerk.
Officers: The mayor, city council, city attorney and each appointed officer.
Policemen: Every member of the Department of Police (including private, auxiliary, special, temporary or substitute policemen, which the City might find necessary to appoint).
Official Oath: “I, (insert name) do solemnly swear (or affirm) that I will support the Constitution of the United States, and the State of Idaho, and the Laws and Ordinances of the City
of Rexburg, and that I will to the best of my ability, faithfully discharge the duties of the office of (insert office) in the city of Rexburg, Madison County, Idaho, during my continuance
therein, so help me God.”
(Signature of person taking oath)
Subscribed and sworn to before me this (date)
(Signature of City Clerk)
ARTICLE I CITY TREASURER*
*Note to Article I: For statutory provisions requiring the mayor to appoint a city treasurer, see Idaho Code §50-204. For provisions concerning the duties of a city treasurer, see Idaho
Code §50-208.
2.03.030 One person
The office of treasurer shall be held by one person, who shall perform all of the duties of city treasurer as prescribed and required by the laws of the state and the ordinances of the
city, and such other duties as the city council may designate and require. (Ord. 619 §3, 1980).
2.03.040 Appointment of Director
The Director of the Department of Financial Management shall be appointed by the Mayor with the consent of the Council, and shall be in the unclassified service of the City.
2.03.050 Powers and duties
In all cases where the duty is not expressly charged to any other department or office, it shall be the duty of the Director of Financial Management to act to promote, secure and preserve
the financial and property interests of the City, subject to the supervision and control of the Mayor. The Director of Financial Management shall:
Fiscal supervision over Officers. Exercise general supervision over all officers of the City regarding the proper management of the fiscal concerns of their respective offices
Standard accounting practices. The Director of Financial Management shall keep controlling accounts with every department, agency and bureau of City government, and with all activities
whatever owned or controlled by the city or in which the City has any pecuniary interest. The head of the Department of Financial Management is hereby authorized and directed, from
time to time, to prepare forms of accounts,
vouchers, reports, bills, orders, receipts, checks and other necessary forms to be used by the several city departments, agencies and bureaus in the transaction of all parts of public
business as concerns the City's finances. He shall prescribe and issue the forms herein named to all City departments, agencies and bureaus to be used in the parts of public business
which concern the City's finances.
Report delinquent payments and financial reports. See that officers receiving money pay the same into the City Treasury, when thereto required, and that all necessary financial reports
are made by officers, and shall report all delinquents in such payments or reports to the Executive and Council.
Duty upon default of officer. Report the default of any officer of the City to the Mayor who shall direct the City Attorney to take immediate legal measures for the recovery of the amount
for which such officer may be in default
Responsibility for proceeds of bonds. Deposit the proceeds of all sales of bonds with the City Treasurer immediately after he shall have received the same, and, until such deposit,
he shall be responsible for the amount thereof.
Payments of money from special trust funds. Pay out to the persons duly entitled thereto, on warrant of the Director of Finance and Management Services, without appropriation by the
Council, any money paid into the Treasury pursuant to condemnation proceedings, or for the redemption of property sold for taxes, or arising from special assessments for public improvements,
park fund certificates, condemnation fund certificates and all special trust funds.
ARTICLE II CITY CLERK*
*Note to Article II: For statutory provisions requiring the mayor to appoint a city clerk, see Idaho Code §50-204. For statutory provisions outlining the duties of a city clerk, see
Idaho Code §50-207.
2.03.060 One person
The office of city clerk shall be held by one person, who shall perform all of the duties of the city clerk as prescribed and required by the laws of the state and the ordinances of
the city, and such other duties as the city council may designate and require. (Ord. 619 §2, 1980).
2.03.070 Appointment
The City Clerk shall be appointed by the Mayor with the advice and consent of the Council, and such individual shall be qualified by training and experience to perform the duties of
the office.
2.03.080 Powers and duties
The City Clerk shall:
Keep records of the Council. Maintain and preserve the minutes and records of the proceedings of the Council in accordance with the Charter and the proceedings of all Council committees.
Record ordinances. Record in full, uniformly and permanently, all ordinances and be the legal custodian of the same.
Publish Council action. Publish daily all adopted ordinances and resolutions of the Council, and all legal notices required by law or ordinance.
Serve meeting notices. Cause all notices of regular and special meetings of the Council to be served in accordance with state statutes, Charter provisions, City ordinances and the rules
of the Council, and as directed by the Chair of the Council.
Maintain City seal. Have custody of the seal of the City and affix it to such documents as may be required and authorized pursuant to law.
Keep election records. Keep and maintain all election records and have custody of all property used in connection with elections.
Keep vital statistics. Prepare, attest and report on the vital statistics of the City.
Permits and licenses. Issue all permits and licenses except those which are required by ordinance to be issued by a particular department or office.
Custodian of bonds, contracts, etc. Be charged with the custody of the official bonds of City employees, except his own, which shall be in the custody of the City Treasurer, and with
the custody of all deeds, mortgages, contracts, judgments, notes, debts, and chooses in action. He shall keep and administer all securities, bonds, or other forms of negotiable instruments
owned by or belonging to the City.
Custodian of City documents. The Department of Finance and Management Services shall be the custodian of all official and surety bonds, deeds, insurance policies, contracts, agreements
and such other instruments of a similar nature, except as may be otherwise provided in the City Charter.
Notice of expiration of term. Notify the appointing authority of the impending expiration of the term of office of a member of any board or commission, said notice to be given at least
30 days before such expiration.
ARTICLE III CHIEF OF EMERGENCY SERVICES*
*Note to Chapter 2.10: For statutory provisions authorizing the mayor to appoint a chief of emergency services see Idaho Code §50-204.
2.03.090 One person
The Emergency Services Department shall consist of a chief of emergency services, and other assistant chiefs as appointed by the chief of emergency services. (Ord. 380 §2, 1952).
2.03.100 Powers and duties
The chief of emergency services shall be the chief executive officer of the Emergency Services Department and shall be invested with the following authority and duties:
To have direct control, management and direction of all officers and men of the Emergency Services Department and the power to detail any of them to such public service as he may see
fit, looking to the best interests and efficiency of the department;
To carry out strictly the enforcement of the rules and regulations of the department and be able to suspend or remove from service any officer or employee for cause in such manner as
is provided in these regulations;
To exercise supreme command over the department at emergencies and over all equipment belonging to it;
To cause to be resolved all emergencies with the least possible damage to life and property and prevent unnecessary damage;
To see that the premises on which fires occur are left in such condition that they will not rekindle and cause further damage to life and property;
To observe the general condition of the department and apparatus and make a quarterly report to the supervisory body concerning same along with a complete report of the activities of
the department;
To make a complete investigation of appropriate fires, keeping the record of and determining the cause to the best of the department’s ability, and report fires to the National Fire
Incident Reporting Service;
To keep complete records of the attendance of every employee to training, schools and meetings. (Ord. 380 §3(a), 1952).
It shall be the duty of the Emergency Services Board to have complete supervision of the fire department and require the chief of emergency services to make a complete annual report
concerning the department in general, giving the description of the condition of the department, making suggestions and recommendations for major improvements, and telling of the activities
during the year.
The chief of emergency services shall be directly responsible to the Emergency Services Board in his capacity as head of the Emergency Services Department. (Ord. 380 §1, 1952).
2.03.110 Assistant Chiefs of Emergency Services
The assistant chiefs of emergency services shall rank next to the chief of emergency services and shall have similar qualifications. One assistant chief shall be over emergency medical
services. The other assistant shall be over the fire department. The assistant chiefs shall take complete charge in the absence of that officer and be invested with the same authority
and duties while so acting. (Ord. 380 §3(b), 1952).
ARTICLE IV CITY ATTORNEY*
*Note to Article IV: For statutory provisions requiring the mayor to appoint a city attorney, see Idaho Code §50-204. For statutory provisions outlining the duties of a city attorney,
see Idaho Code §50-208A.
2.03.120 Appointment
The City Attorney shall be appointed by the Mayor with the advice and consent of the Council and shall, prior to such appointment, be admitted to practice before the Supreme Court of
the State of Idaho. (Ord. 58 §38, 1903).
2.03.130 Powers and duties
The City Attorney shall represent the City in all causes in which the City is interested and shall have full and complete charge of the legal business of the City. The City Attorney
shall be the legal advisor to the Mayor, to the Council and to all departments and agencies of the City except as may be otherwise provided by the Code. The City Attorney shall prosecute
and defend actions and proceedings by and against the City and every department and agency thereof. In the furtherance of these general powers, the City Attorney shall:
Advise officers. Advise the Mayor, the Council or its committees, and the heads of all departments, agencies, boards, and commissions on all matters relating to their official powers,
duties and functions
Verify ordinances. Be responsible for the verification of all ordinances and resolutions as requested by the Mayor or the Council. The City Attorney shall advise the Council as to the
form and sufficiency of all ordinances prior to their adoption, and no ordinance shall be introduced until it shall either have been approved as to form by the City Attorney or until
the City Attorney has filed with the City Clerk a statement of reasons why the ordinance is defective.
Give opinions. Render legal opinions upon any question of law submitted by the Chief Executive, the Council, or the heads of all departments, agencies, boards, or commissions.
Attend Council meetings. Attend in person or by designee all Council meetings in their entirety for the purpose of giving the Council any legal advice requested by its members, and,
at the request of the presiding officer, attend committee meetings of the Council.
Prepare legal instruments. Prepare, review and approve all contracts, deeds, documents and instruments prior to the execution thereof by or on behalf of the City, its departments and
agencies.
Prosecute offenders and defend officials. Prepare, when authorized by the Council, all charges and complaints against the City and appear in the appropriate court in the prosecution
of, every person charged with the violation of a City ordinance or of any regulations adopted under authority of the Code or ordinances, or with the commission of a misdemeanor as declared
by the Code or by virtue of its authority.
Appeals. Conduct and prosecute appeals from orders, decisions or judgments affecting any interest of the City as the City Attorney may, in the exercise of discretion, determine to be
necessary or desirable.
Settlement of claims. Have the power to adjust, settle, compromise or submit to arbitration, any action, causes of action, accounts, debts, claims, demands, disputes and matters of
favor of or against the City or in which the City is concerned as debtor or creditor, now existing or which may hereafter arise, not involving or requiring payment to exceed $5000 and
with the permission of the Mayor may do likewise in matters not involving or requiring payment to exceed $25,000, provided the money to settle claims generally has been appropriated
and is available therefore.
Make reports:
Prompt report of decision. Promptly report the outcome of any litigation in which the City has an interest to the Executive and Council.
Annual report of pending litigation. Make an annual report, to the Executive and Council, as of the 1st day of January, of all pending litigation in which the City has an interest and
the condition thereof.
Workers' compensation. Prepare and approve all workers' compensation payrolls and investigate all cases in which workers' compensation is involved and be responsible for the filing
of all documents and papers required by the Workers' Compensation Act of the State
Rates and utilities. Be responsible for representing the City in all causes, hearings, trials, and administrative or judicial review concerning rates, franchises, valuations, utility
conducts, or other issues involving the City and the public utilities which affect it or are under its control, including, but not limited to, telephone, telegraph, radio, television,
cable television, lighting, heating, water, sewer and transportation. In so doing, the City Attorney may retain a rate expert or experts to ensure proper review, analysis, study and
recommendations on all utility matters, which expert shall prepare for submission to the Chief Executive and the Council, upon request, such reports and recommendations as may assist
them in resolving rate determinations and other utility matters.
Keep records:
Suits. Keep a complete record of all suits in which the City had or has an interest, giving the names of the parties, the court where brought, the nature of the action, the disposition
of the case, or its condition if pending, and the briefs of counsel.
Opinions and titles. Keep a complete record of all written opinions furnished by him.
Deliver records to successor. Deliver all records, documents and property of every description in his possession, belonging to his office or to the City, to his successor in office,
who shall give him duplicate receipts therefore, one of which he shall file with the City Auditor
Professional assistants. The City Attorney may appoint deputy assistants and such other assistants as in his judgment are needed to carry on the legal business of the City.
Special counsel. In case of special or unusual circumstances or in any case where the City Attorney by reason of interest cannot represent the City, the Council, upon the request of
the City Attorney, may by resolution appoint special counsel and fix his or her compensation.
ARTICLE V CHIEF OF POLICE*
*Note to Article V: For statutory provisions authorizing the mayor to appoint a chief of police see Idaho Code §50-204.
2.03.140 Appointment
The Chief of Police shall be appointed by the Chief Executive with the consent of the Council, in accordance with the provisions of the City Charter, and shall serve for the term specified
therein.
2.03.150 Powers and duties
The Chief of Police shall be accountable to the Chief Executive and, subject to his supervision and control, shall have the following duties:
Administer the affairs of the Department.
Have general authority and control over all departmental staff and oversee the proper fulfillment of all tasks and duties assigned to the Department.
Prescribe such rules and regulations as he deems necessary or expedient for the proper operation of the Department and to that end keep himself informed of the latest administrative
practices.
Take all personnel actions, including hiring, assigning and reassigning employees, including supervisory personnel, within his Department and shall supervise their performance.
ARTICLE VI RECREATION DIRECTOR*
*Note to Article VI: For statutory provisions authorizing the mayor to appoint a recreation director see Idaho Code §50-204.
2.03.160 Powers and duties
The Director of Recreation shall plan, promote, organize and supervise a comprehensive municipal recreation program and administer the same in the interest of the entire community, and
shall:
Design all parks, parkways and public grounds.
Provide for the care, maintenance and landscaping of all public lands, including parks, parkways, golf courses and playgrounds.
Provide for the care, trimming and removal of all trees and shrubberies on all public lands and the maintenance, for assessment purpose, of accurate records pertaining to tree trimming.
Provide for the administration and maintenance of an arboreal disease control program, pest control program, and all reforestation and nursery programs.
Organize and program all recreational activities involving general public participation in a comprehensive and diversified program, including municipal athletics, senior citizen programs,
arts and crafts, and other such programs.
Manage and coordinate public recreational and educational activities available for general public participation for which fees are charged, including such activities as golf, tennis,
swimming, boating, biking, skiing, stadium use, concessions and other special entertainment or seasonal activities.
Preserve and maintain various forms of domesticated animals and wildlife for general exhibition, and the care, feeding and sheltering of the same.
The City designates the Mayor in cooperation with the Rexburg Arts Council to be responsible for the conservation and maintenance for all works of art in the public art program. (Ord.
1086, 1.10.040(A), 2012: Ord. 937, 1.10.040(A), 2005).
ARTICLE VII PUBLIC WORKS DIRECTOR*
*Note to Article VII: For statutory provisions authorizing the mayor to appoint a public works director see Idaho Code §50-204.
2.03.170 Appointment
The Public Works Director of the Department of Public Works shall be appointed by the Mayor with the consent of the Council, and shall be in the unclassified service of the City.
2.03.180 Powers and duties
The Public Works Director shall be accountable to the Mayor and, subject to his supervision and control, shall have the following duties:
Administer the affairs of the Department.
Have general authority and control over all departmental staff and oversee the proper fulfillment of all tasks and duties assigned to the Department.
Prescribe such rules and regulations as he deems necessary or expedient for the proper operation of the Department and to that end keep himself informed of the latest administrative
practices.
Take all personnel actions, including hiring, assigning and reassigning employees, including supervisory personnel, within his Department and shall supervise their performance.
CHAPTER 2.04 RECORDKEEPING*
*Note to Chapter 2.04: For provisions regarding the requirements for recordkeeping, see Idaho Code §50-9.
2.04.010 Retention of permanent records
The city clerk shall be responsible for the retention of all municipal records for Rexburg. The purpose of “destruction or removal” of all municipal records is strictly prohibited. (Idaho
Code §50-908).
TITLE 3 DEPARTMENTS
For provisions concerning the creation of departments see §2.01.060, entitled Powers of Mayor, of this code.
CHAPTER 3.01 DEPARTMENT OF FINANCIAL MANAGEMENT
3.01.010 Department established
There is hereby established an executive department to be known as the Department of Financial Management. The head of such department shall be the director, who, prior to such appointment,
shall possess such qualifications as the Council may by ordinance provide.
3.01.020 Departmental functions
The Department shall be responsible for the following:
Property management, including space allocation and communication systems;
Maintenance of a uniform system of accounts for all City money matters, and a system for receipt, deposit and recording of all moneys received by the City;
Management and operation of the treasury;
Management and operation of human resources;
Management and operation of risk management.
3.01.030 Divisions
The Department of Finance and Management Services shall be divided into the following divisions and supervisors thereof:
Division of the Treasury, supervised by the City Treasurer, who shall:
Accounts of receipts and expenditures. Keep in proper books, a full and accurate account of all the moneys received and disbursed by him on behalf of the City, specifying the time of
receipt and disbursement, from whom received and to whom disbursed, and on what account received and disbursed, and how paid.
Cancellation of evidences of debt. Cancel all warrants and other evidences of debt against the City, whenever paid by him, by writing or stamping across the face thereof the words, "Paid
by the City Treasurer," with the date of payment written or stamped thereon.
Receive and disburse moneys. Receive and have custody of all moneys paid to the City and shall disburse City moneys upon the warrant of the City Auditor.
Collect moneys and fees due City. Demand and receive all moneys and fees owing to the City whenever any person is indebted to the City in any manner and the means of collection of such
debt is not otherwise provided for by law. When any claim shall not be collectible by other methods, he shall report the same to the City Attorney for prosecution.
Division of Accounts, headed by the Financial Officer, who shall:
Audit accounts. Examine and audit the accounts of all officers and departments subject to the approval of the Chief Executive and Council.
Prescribe form. Prescribe the form of accounts and reports to be rendered to him.
Pay City employees. Pay City employees upon presentation of the properly certified payroll.
Budget duties. Prepare estimates of revenue, and shall give such other assistance in the preparation of the budget as may be required of him by the Executive.
Financial statements. Transmit to the Executive at least semi-monthly audited statements of cash on hand and of classified unencumbered appropriation balances for the City as a whole,
and such other financial statements as the Chief Executive may from time to time require. He shall keep all departments, boards, commission, or institutions currently informed of its
classified unencumbered appropriation balances.
Keep accounts. Keep all general accounts of the City government and of the respective departments, offices, boards, commissions and institutions thereof.
CHAPTER 3.02 DEPARTMENT OF CUSTOMER SUPPORT SERVICES*
3.02.010 Department established
There is hereby established an executive department of the City of Rexburg to be known as the Customer Support Services Department. The head of such department shall be known as the
City Clerk, who shall be appointed by the Mayor with the advice and consent of the Council.
*Note to Chapter 3.02: The Department of Customer Support Services responsibilities falls under the duties of the City Clerk, see Chapter 2.03, Article II.
3.02.020 Departmental functions
The Department shall perform the following functions under the direction of the City Clerk:
Assist with the duties of the City Clerk.
Receiving and posting payments made to various accounts for the City of Rexburg.
Answer visitor/customer inquiries and complaints.
Directing visitors/customers to their destinations.
Sorting and handing out mail.
Answer incoming calls.
Scheduling and making reservations for city facilities and venues.
Reconciling cash received for various city facilities and venues.
Ordering and managing supplies.
Scheduling and creating ads for the Romance Marquee.
CHAPTER 3.03 DEPARTMENT OF EMERGENCY SERVICES*
*Note to Chapter 3.03: The Department of Emergency Services is made up the Fire Department (City, County, Fire District), Ambulance Services (County facilitated) and the Hospital (County
facilitated). There is an Emergency Services Board with representatives from the city and county. The Emergency Services Board, The Fire District Board, County Commissioners and City
Council make up the four governing bodies for the Department of Emergency Services. The city and county support their portion of the Fire Department through their own budget allocations.
The Ambulance District has its own taxing district. The Fire District also has its own taxing district and covers all residents outside the city. The Hospital is supported by its own
revenue, but it is governed by the county.
3.03.010 Organization
It shall be the duty of the City Council of the City of Rexburg to have complete supervision of the Fire Department and require the Fire Chief to make a complete annual report concerning
the department in general, giving the description of the condition of the department, make suggestions and recommendations for major improvements and tell of the activities during the
year.
The Fire Chief shall be directly responsible to the City Council in his capacity as head of the Fire Department. (Ord. 380 §1, 1952).
3.03.020 Firemen
1 In general all firemen shall be trained to handle any and all of the fire apparatuses provided, also the act in any desired capacity in handling first aid, fire appliances, hose, chemical
engines, or doing salvage work.
2 Any fireman leaving town for some time shall inform the Fire Chief immediately and obtain a leave of absence. Failure to do so may leave the company undermanned and shall be punishable
(by fine, demerit, or other type of disciplinary action adopted by the department)
3 Appointment of new men to the Fire Department shall be made with the object of improving the operation efficiency and general excellency of the man-power. In the selection of men
consideration shall be given to the following rules:
4 All firemen shall be required to pass a physical examination as shall be prescribed by the City Physician.
5 Membership in the Fire Department should of itself confer distinction and should carry some privileges sufficiently attractive to make membership desirable and sought after. The rate
of payment for service at fires and drills shall be established by the City Council.
6 It shall be mandatory for a fireman to retire at the age of 62 years.
7 Strict discipline shall at all times be maintained for the purpose of contributing as a necessary factor, to the smoothness of operation and efficiency of the department.
8 Fireman shall hereby note that absolute discipline and the prompt obedience to orders is at all times required. (Ord. 380 §4, 1952).
3.03.030 Drills
1 The department shall be drilled and maintained to the end that fires shall be controlled immediately at their start so far as possible. Drills shall be in charge of a competent officer
of fireman who shall be responsible for the proper training and drilling of men and the standardization of methods.
2 Complete drills shall be held by each company at least twice a month. (Company drills for full paid men should be held at least weekly.) (Ord. 380 §5, 1952).
3.03.040 Building inspections
The fire Chief or any person he may so designate is hereby authorized, empowered, and required to inspect from time to time, but no less frequently than twice yearly, all buildings and
premises where accumulation of combustible materials or other hazardous conditions and liable to exist and to order such changes or removals as in his opinion are necessary for safety
from fire, principally in the business and industrial sections; for the purpose of inspection, he is hereby empowered to enter any and all buildings and premises at any reasonable hour.
Also, in the same districts for the purpose of facilitating fire fighting, building inspections shall be made by the department officers from time to time but not less frequently than
once every three months to determine the arrangements of buildings with respect to one another, to familiarize themselves with the inside of every building and its contents, to study
the best methods of attacking every building in case of fire and to note all new constructions.
Records shall be kept of all inspections including notes and sketches. These records shall be made a permanent part of the records of the Fire Department.
The Fire Chief or any person he may so designate, is hereby authorized, empowered and required to inspect buildings in which public gatherings are held at the time of such gatherings
and to prohibit the overcrowding of any building in which such gatherings are held and to prohibit the closing or crowding of exits by people and the obstruction of stairways at such
gatherings. (Ord. 380 §6, 1952).
CHAPTER 3.04 POLICE DEPARTMENT*
*Note to Chapter 3.04: For statutory provisions requiring local officers to enforce the Idaho Motor Vehicle Laws, see Idaho Code §49-103.
3.04.010 Department established
There is hereby established an executive department of the City of Rexburg to be known as the Police Department. The head of such department shall be the Chief of Police, who shall be
appointed by the Mayor and ratified by the City Council.
3.04.020 Departmental functions
The Department shall perform the following functions:
Crime prevention. Preserve the public peace, prevent crime, and detect and arrest offenders.
Traffic enforcement. Administer and enforce laws regulating, directing, controlling and restricting the movement of vehicular and pedestrian traffic, and the general use of the streets
by vehicles and the public.
Training. Operate a training program to maintain and improve the competency and efficiency of the members of the Department.
Incident report preparation. Prepare reports on injuries to persons and property occurring by accident or otherwise on the streets, in alleys and other public places within the City
as required by law.
Weapons disposition. Provide a procedure for the sale, destruction or other disposition of all weapons or other articles used in the commission of crime or coming into the custody of
the Department; provided, that where such weapon or article may be used as evidence in either a civil or criminal proceeding, it shall in no way be disposed of except upon a written
order of a court of law.
Lost property. Provide a procedure for the sale of unclaimed, lost or stolen articles coming into the custody of the Department.
3.04.030 Regulations – Administration and enforcement authority
Administration and enforcement of this title shall be vested in the police department, subject to the control of the mayor and council as provided for in this title. (Ord. 482 §1(part),
1968).
3.04.040 Peace Officer training*
*Note to Chapter 3.04.040: For statutory provisions concerning the training of peace officers and requiring the participation of political subdivisions in same, see Idaho Code §19-5115
to §19-5122.
Desire to qualify for aid. The city declares that it desires to qualify to receive aid for police training from the Law Enforcement Planning Commission under the provisions of Idaho
Code §19--5118. (Ord. 506 §1, 1970).
Adherence to standards. Pursuant to said Idaho Code §19-5118, the city, while receiving aid from the Law Enforcement Planning Commission pursuant to said statute, will adhere to the
standards for employment and training established by the Idaho Peace Officer Standards and Training Advisory Council. (Ord. 506 §2, 1970).
CHAPTER 3.05 DEPARTMENT OF PARKS
3.05.010 Department established
There is hereby established an executive department of the City of Rexburg to be known as the Parks Department. The head of such department shall be known as the Parks Director, who
shall be appointed by the Mayor and ratified by City Council.
3.05.020 Departmental functions
The Department shall perform the following functions:
Manage and maintain the beautification of city owned parks, facilities, venues, and certain city streets (e.g. Main Street).
CHAPTER 3.06 DEPARTMENT OF PUBLIC WORKS
3.06.010 Department established
There is hereby established an executive department of the City of Rexburg to be known as the Department of Public Works. The head of such Department shall be the Director of Public
Works, who, prior to such appointment, shall possess such qualifications as the Council may by ordinance provide. The Department of Public Works shall be organized into the Divisions
of Engineering Department, Equipment Shop, Street Department, Sanitation Department, Water Department, and Wastewater Department. (Ord. 58 §30, 1903).
3.06.020 Division of Streets Department
Within the Department of Public Works, there shall be a Street Department. Under the supervision of the Public Works Director, the Street Department shall:
Have charge of all matters relating to the design and engineering functions to be performed by the Department of Public Works, involving streets, alleys, sidewalks and bridges.
Have charge of all matters relating to the construction of public works' street and bridge projects including inspecting, advising and approving the construction of all such works.
Have charge of the preparation and maintenance of the City's records dealing with streets, bridges and other public ways located within the City limits.
Be responsible for the maintenance of all public streets, sidewalks, alleys and bridges.
Be responsible for the control and usage of all public streets, sidewalks, alleys and bridges.
3.06.030 Wastewater Department
Within the Department of Public Works, there shall be a Wastewater Department. Under the supervision of the Public Works Director, the Wastewater Department shall:
Have charge of all matters relating to the design and engineering functions to be performed by the Department of Public Works, involving sewers, flood control and drainage.
Have charge of all matters relating to the construction of public works' sewers and related structural projects, including inspecting, advising and approving the construction of all
such works.
Be responsible for the maintenance of all public sewers and other drainage facilities.
Be responsible for the control and usage of all public sewers and other drainage facilities.
Be responsible for the physical inspection and maintenance of flood-control devices.
Implement flood-control measures in cooperation with the emergency preparedness functions of the City and of other governmental agencies.
3.06.040 Sanitation Department
Within the Department of Public Works there shall be a Sanitation Department. Under the supervision of the Public Works Director, the Sanitation Department shall:
Provide for a municipal solid waste collection, recycling and disposal system and establish billing procedures therefore.
Regulate the public collection and removal of solid waste and assist in the enforcement of all laws governing the storage, removal and handling of such solid waste within the City.
Coordinate and administer any assigned duties involved in the planning, construction and maintenance of solid waste disposal or resource reclamation facilities including cogeneration
facilities or other energy-producing facilities.
3.06.050 Shop Department
Within the Department of Public Works there shall be a Shop Department. Under the supervision of the Public Works Director, the Shop Department shall:
Have charge of the repair of all equipment and vehicles belonging to the Department of Public Works.
Have charge of the repair of all other assigned City equipment.
3.06.060 Engineering Department
Within the Department of Public Works there shall be a Municipal Engineering Division. Under the supervision of the City Engineer and Director, the Division shall:
Be responsible for the planning, design and construction of all assigned public works improvement projects.
Be responsible for the planning, design and construction of other assigned City improvement projects.
Be responsible for land surveying.
Be responsible for project management of all projects generated externally from public works, but involving more than one line division of the Department of Public Works.
3.06.070 Water Department
Within the Department of Public Works, there shall be a Water Department. Under the supervision of the Public Works Director, the Water Department shall:
Have charge of all matters relating to the design and engineering functions to be performed by the Department of Public Works, involving piping, pumping, and storage of water.
Have charge of all matters relating to the construction of public works' water storage containers, and piping and related structural projects, including inspecting, advising and approving
the construction of all such works.
Be responsible for the maintenance of all public water facilities.
Be responsible for the control and usage of all public water facilities.
3.06.080 Planning and Zoning Department
Within the Department of Public Works, there shall be a Planning and Zoning Department. Under the supervision of the Public Works Director, the Planning and Zoning Department shall:
Have charge of all matters relating to the planning and zoning functions to be performed by the department of Public Works.
CHAPTER 3.07 DEPARTMENT OF GEOGRAPHICAL INFORMATION SYSTEMS*
3.07.010 Department established
There is hereby established an executive department of the City of Rexburg to be known as the Geographical Information Systems (GIS) Department. The head of such department shall be
the GIS Coordinator, who shall be appointed by the Mayor and ratified by the City Council.
*Note to Chapter 3.07: The GIS Department works in conjunction with Madison county to provide Madison County and the City of Rexburg with a GIS program. The GIS Department serves both
Madison County and the City of Rexburg in meeting their mapping and data analysis needs.
3.07.020 Departmental functions
The Department shall perform the following functions:
Management and operation of the Geographical Information Systems hardware and software.
Collecting and maintaining geographic data, including parcels, roads, land-use zones, utilities, and other datasets used for planning and meeting decisions.
Create maps and graphs, using GIS software and related equipment.
Meet with customers/users to define needs, information/data, project requirements, answer questions, etc.
Conduct Research to locate and obtain existing databases.
Gather, analyze, and integrate data for geographic statistics to incorporate into documents and reports.
Compile geographic data from a variety of sources including censuses, field observation, satellite imagery, aerial photographs, and existing maps.
Design and update the GIS database.
CHAPTER 3.08 DEPARTMENT OF TECHNOLOGY COORDINATION SERVICES
3.08.010 Department established
There is hereby established an executive department of the City of Rexburg to be known as the Technology Coordination Services (TCS) Department. The head of such department shall be
the TCS Director, who shall be appointed by the Mayor and ratified by City Council.
3.08.020 Departmental functions
The Department shall perform the following functions:
Management and operation of computer servers.
Management and operation of communication systems.
Management and operation of the Internet Web Site.
Maintenance and repairing of computer systems.
Training and implementation of new software and technology.
Receiving and management of concerns centered on the aforementioned.
CHAPTER 3.09 DEPARTMENT OF RECREATION
3.09.010 Department established
There is hereby established an executive department of the City of Rexburg to be known as the Recreation Department. The head of such department shall be the Recreation Director, who
shall be appointed by the Mayor and ratified by City Council.
3.09.020 Departmental functions
The Department shall perform the following functions:
Management and operation of recreational activities, services, programs and events.
Management and operation of Rexburg Rapids
TITLE 4 COMMISSIONS, COMMITTEES AND BOARDS
Title 4 sets forth the purpose, creation, duties and compensation of the various committees and boards of the City government.
CHAPTER 4.01 PLANNING AND ZONING COMMISSION*
*Note to Chapter 4.01: For statutory provisions concerning the creation, powers and duties of the planning commission, see Idaho Code Ch. 50-11. For provisions authorizing the planning
commission to operate as a zoning commission, see Idaho Code §50-1210.
4.01.010 Creation – Composition and appointment
There is created a planning commission for the city pursuant to the provisions of Chapter 51 of the First Extraordinary Idaho Session Laws of 1935. The planning commission shall consist
of seven members, one to be designated from among the members of the city council by the mayor, and the other six to be appointed by the mayor from among the resident taxpayers of the
city (provided one member may be a nonresident taxpayer), at least four of whom shall hold no other public municipal office. Of the six members first appointed, two shall be appointed
for two years, two for four years, and two for six years; all subsequent appointments shall be for periods of six years, or until their successors shall have been appointed. All appointments
to the planning commission by the mayor shall be subject to approval of the city council, and any member of the planning commission may be removed for cause after public hearing by
the city council. Members of the planning commission shall be selected without respect to political affiliations and shall serve without compensation. (Ord. 353 Art. 1 §1(part), 1946).
4.01.020 Term of office – Expiration
The term of office of members of the planning board shall expire May 1st and the organization of the board shall take place biannually at the first meeting of the planning commission
in June, commencing with the year 1953. The term of office of a member of the planning commission from the city council shall expire every six months commencing June 1, 1951. (Ord.
376 §1, 1951: Ord. 353 Art. 1 §1A, 1946).
4.01.030 Chairman – Meetings – Rules – Recordkeeping required
The planning commission shall select its own chairman for a term of one year from among the six appointive members. Regular meetings shall be held at least once each month. The planning
commission shall adopt roles for its own organization and for the transaction of business and shall keep a public record of its proceedings. All meetings shall be open to the public.
(Ord. 353 Art. 1 §1(part), 1946).
4.01.035 Meeting times
The Rexburg Planning and Zoning Commission has expressed a desire to change their meeting times from 7:00 P.M. to 6:30 P.M. for their regularly scheduled meeting times on the first and
third Thursday of each month. (Resolution 2016 - 16, §2, 2016).
4.01.040 Powers and duties generally
It shall be the duty of the planning commission to recommend and make suggestions to the city council, for the adoption of coordinated plans for the physical development of the city;
for the formation of zoning districts; to make suggestions concerning the laying out, widening, extending and locating of streets, roads and highways for the relief of traffic; to make
suggestions concerning density of population and development of land within the jurisdiction of the city; to make suggestions concerning the future growth, development and beautification
of the city in order to promote the public health, morals, safety and welfare of the inhabitants thereof; to give suggestions and advice to individuals, firms, or corporations concerning
landscaping or location of buildings, structures of works to be erected, constructed or altered by or for such individuals, firms or corporations. The planning commission may cooperate
with other and like commissions along the lines and purposes prescribed in this chapter. The planning commission may recommend to the mayor and city council programs for public improvements
and the financing thereof. In general, the planning commission shall have such powers as may be necessary to enable it to perform its functions and promote municipal planning. (Ord.
353 Art. 3, 1946).
4.01.050 Zoning commission duties
The planning commission shall also serve as a zoning commission, pursuant to the provisions of Section 49-406, Idaho Code Annotated. (Ord. 353 Art. 1 §1(part), 1946).
4.01.060 Expenditure restrictions
The planning commission may appoint employees and may contract with city planners and other consultants, provided its expenditures, exclusive of gifts, shall be within the amounts appropriated
for the purpose by the city council. (Ord. 353 Art. 1 §1 (part), 1946).
4.01.070 Current Planning and Zoning Map
The current Planning and Zoning Map web address: http://mrgis.maps.arcgis.com/sharing/rest/content/items/af6ff7f531814920bb7c4f1df44dca8b/data
CHAPTER 4.02 TABERNACLE CIVIC CENTER COMMITTEE*
*Note to Chapter 4.02: For provisions concerning the creation of commissions and or committees, see §2.01.060, entitled Powers of Mayor, of this code.
4.02.010 Purpose
Museum Volunteers will be under the direction of the Cultural Director/Museum Curator. (Ord. 1144 §2C, 2016).
CHAPTER 4.03 HISTORICAL PRESERVATION COMMITTEE*
*Note to Chapter 4.03: For provisions concerning the creation of commissions and or committees, see §2.01.060, entitled Powers of Mayor, of this code.
4.03.010 Purpose
The purpose of this committee is to promote the educational, cultural, economic and general welfare of the public of the City of Rexburg through identification, evaluation, designation,
and protection of those buildings, sites, districts, areas, structures, and objects that reflect significant elements of the City’s, the State’s, and the Nation’s historic, architectural,
archaeological, and cultural heritage. (Ord. 884, §1, 2002).
4.03.020 Definitions
The following words and phrases when used in this Ordinance shall have, unless the context clearly indicates otherwise, the following meanings:
City: The City of Rexburg.
Commission: The Historic Preservation Commission of the City of Rexburg.
Historic Property: Any building, structure, district, area or site that is significant in the history, architecture, archaeology or culture of this community, the State or the Nation.
Designated Historic Property: In order for any historic property to be designated in the ordinance, it must, in addition, meet the criteria established for inclusion of the property
in the National Register of Historic Places.
Historic Preservation: The identification, evaluation, recordation, documentation, curation, acquisition, management, protection, restoration, rehabilitation, stabilization, maintenance,
interpretation, conservation, and education of buildings, structures, objects, districts, areas, and sites significant in the history, architecture, archaeology or culture of this State,
its communities or the Nation. (Ord. 884, §2, 2002).
4.03.030 Appointment
The Historic Preservation Commission shall consist of nine (9) members who shall be appointed by the Mayor with the advice and consent of the Council.
Members of the Commission, at least seven (7) of whom shall be residents of the City, shall demonstrate an interest in the historical and architectural development of the City, and shall
be appointed with due regard to the proper representation of such fields as history, architectural history, architecture, landscape architecture, urban planning, engineering, archeology
and law.
Members shall be appointed by the Mayor with the consent of the City Council, and shall serve terms of three (3) years. Terms of current members shall not be affected by passage of this
Ordinance. Members may be reappointed upon approval of the Council.
Vacancies shall be filled in the same manner as original appointments and the appointee shall serve for the remainder of the unexpired term. (Ord. 884, §3(part), 2002).
4.03.040 Compensation
The members of the Commission shall serve without compensation, but may be reimbursed by the City for approved expenses incurred in connection with their duties. (Ord. 884, §3(part),
2002).
4.03.050 Vacancies
Vacancies shall be filled in the same manner as original appointments and the appointee shall serve for the remainder of the unexpired term. (Ord. 884, §3(part), 2002).
4.03.060 Organization, officers, rules, meetings
The Commission shall have the power to make whatever rules are necessary for the execution of its duties as set forth in this Ordinance. Rules of procedure and bylaws adopted by the
Commission shall be available for public inspection.
The commission shall elect officers from among the Commission members. The chairperson shall preside at meetings of the Commission. The vice-chairperson shall, lacking the chairperson,
perform the duties of the chairperson.
All meetings of the Commission shall be open to the public, and follow the requirements of Idaho Open Public Meeting laws. The Commission shall keep minutes and other appropriate written
records of its resolutions, proceedings, and actions.
The Commission may recommend to the Council, within the limits of its funding, the employment of or the contracting with other parties for the services of technical experts or other
persons as it deems necessary to carry on the functions of the Commission. (Ord. 884, §4, 2002).
4.03.070 Powers, duties, and responsibilities
The Commission shall be advisory to the Council and shall be authorized to:
Conduct a survey of local historic properties.
Recommend the acquisition of fee and lesser interests in historic properties, including adjacent or associated lands, by purchase, bequest, or donation.
Recommend methods and procedures necessary to preserve, restore, maintain and operate historic properties under the ownership or control of the City.
Recommend the lease, sale, or other transfer or disposition of historic properties subject to rights of public access and other covenants and in a manner that will preserve the property.
Contract, with the approval of the Council, with the state or federal government, or any agency of either, or with any other organization.
Cooperate with the federal, state, and local governments in the pursuance of the objectives of historic preservation.
Make recommendations in the planning processes undertaken by the county, the city, the state, or the federal government and the agencies of these entities.
Recommend ordinances and otherwise provide information for the purposes of historic preservation in the City.
Promote and conduct an educational and interpretive program on historic preservation and historic properties in the City.
Commission members, employees or agents of the Commission may enter private property, buildings, or structures in the performance of its official duties only with the express consent
of the owner or occupant thereof.
Review nominations of properties to the National Register of Historic Places for properties within the City’s jurisdiction. (Ord. 884, §5, 2002).
4.03.080 Commission funding
The City Council may make funds available to the Commission for grant-matching purposes, or for projects deemed suitable by the Council. Any such funds may be retained in a special account
by the City. (Ord. 884, §6, 2002).
4.03.090 Special restrictions
Under the provisions of Idaho Code 67-4612, the City of Rexburg may provide by ordinances, special conditions or restrictions for the protection, enhancement and preservation of locally
designated historic properties. (Ord. 884, §7, 2002).
CHAPTER 4.04 DOWNTOWN VISION COMMITTEE*
*Note to Chapter 4.04: For provisions concerning the creation of commissions and or committees, see §2.01.060, entitled Powers of Mayor, of this code.
4.04.010 Purpose
The Downtown Vision Committee works to promote Downtown Rexburg by discussing and making decisions about incentives, promotions, recruitment, retention, expansion and future direction
of the downtown area.
4.04.020 Appointment
The Mayor, with the consent of the City Council, shall appoint committee members.
4.04.030 Compensation
All members of the committee shall serve and act without compensation, except that their actual and necessary expenses shall be allowed, and the city shall purchase the necessary and
suitable equipment and supplies to enable the committee to properly transact and attend to its business.
4.04.040 Vacancies
The Mayor, with the consent of the City Council, shall appoint a qualified person to fill the unexpired term of any at-large Commission member in the event of a vacancy.
4.04.050 Bylaws
The committee shall adopt bylaws with which to govern themselves. These bylaws shall be ratified by the city council and shall act as the rules of the committee.
CHAPTER 4.05 MAYOR’S YOUTH ADVISORY BOARD*
*Note to Chapter 4.05: For provisions concerning the creation of commissions and or committees, see §2.01.060, entitled Powers of Mayor, of this code.
4.05.010 Purpose
The Mayor’s Youth Advisory Board works to strengthen the relationship between the youth and the community by communicating and working with the mayor and community leaders. They provide
information, do research, and oversee community projects.
4.05.020 Appointment
The Mayor, with the consent of the City Council, shall appoint committee members.
4.05.030 Compensation
All members of the committee shall serve and act without compensation, except that their actual and necessary expenses shall be allowed, and the city shall purchase the necessary and
suitable equipment and supplies to enable the committee to properly transact and attend to its business.
4.05.040 Vacancies
The Mayor, with the consent of the City Council, shall appoint a qualified person to fill the unexpired term of any at-large Commission member in the event of a vacancy.
4.05.050 Bylaws
The committee shall adopt bylaws with which to govern themselves. These bylaws shall be ratified by the city council and shall act as the rules of the committee. (Ord. 825;1144, §2C,
2016).
CHAPTER 4.06 UPPER VALLEY ARTS COMMITTEE
The Arts Council is governed by a private organization called the Rexburg Arts Council.
CHAPTER 4.07 REXBURG BEAUTIFICATION COMMITTEE*
*Note to Chapter 4.07: For provisions concerning the creation of commissions and or committees, see §2.01.060, entitled Powers of Mayor, of this code.
4.07.010 Purpose
The Beautification Committee promotes beautification projects and coordinates holiday decorations and beautification awards for the City of Rexburg.
4.07.020 Appointment
The Mayor, with the consent of the City Council, shall appoint committee members.
4.07.030 Compensation
All members of the committee shall serve and act without compensation, except that their actual and necessary expenses shall be allowed, and the city shall purchase the necessary and
suitable equipment and supplies to enable the committee to properly transact and attend to its business.
4.07.040 Vacancies
The Mayor, with the consent of the City Council, shall appoint a qualified person to fill the unexpired term of any at-large Commission member in the event of a vacancy.
4.07.050 Bylaws
The committee shall adopt bylaws with which to govern themselves. These bylaws shall be ratified by the city council and shall act as the rules of the committee. (Ord. 1144, § 2B, 2016).
CHAPTER 4.08 PARKS AND RECREATION COMMITTEE*
*Note to Chapter 4.08: For provisions concerning the creation of commissions and or committees, see §2.01.060, entitled Powers of Mayor, of this code.
4.08.010 Purpose
The purpose of the Parks and Recreation Committee shall be to advise the City Council on the parks and recreational needs of the City of Rexburg.
4.08.020 Appointment
The Mayor, with the consent of the City Council, shall appoint committee members.
4.08.030 Compensation
All members of the committee shall serve and act without compensation, except that their actual and necessary expenses shall be allowed, and the city shall purchase the necessary and
suitable equipment and supplies to enable the committee to properly transact and attend to its business.
4.08.040 Vacancies
The Mayor, with the consent of the City Council, shall appoint a qualified person to fill the unexpired term of any at-large Commission member in the event of a vacancy.
4.08.050 Bylaws
The committee shall adopt bylaws with which to govern themselves. These bylaws shall be ratified by the city council and shall act as the rules of the committee.
CHAPTER 4.09 MUSEUM COMMITTEE*
*Note to Chapter 4.09: For provisions concerning the creation of commissions and or committees, see §2.01.060, entitled Powers of Mayor, of this code.
4.09.010 Purpose
The purpose of the Museum Committee is to supervise a permanent museum for the collection, preservation and exhibition of artifacts relating to Rexburg. The committee serves as the administrative
staff for the museum and gift shop, making decisions about fund raising, display, special events and other areas vital to preserving the heritage of the area.
4.09.020 Appointment
The Mayor, with the consent of the City Council, shall appoint committee members.
4.09.030 Compensation
All members of the committee shall serve and act without compensation, except that their actual and necessary expenses shall be allowed, and the city shall purchase the necessary and
suitable equipment and supplies to enable the committee to properly transact and attend to its business.
4.09.040 Vacancies
The Mayor, with the consent of the City Council, shall appoint a qualified person to fill the unexpired term of any at-large Commission member in the event of a vacancy.
4.09.050 Bylaws
The committee shall adopt bylaws with which to govern themselves. These bylaws shall be ratified by the city council and shall act as the rules of the committee. (Ord. 1144, § 2B, 2016).
CHAPTER 4.10 INTERNATIONAL BUILDING CODE (I.B.C.) COMMITTEE*
*Note to Chapter 4.10: For provisions concerning the creation of commissions and or committees, see §2.01.060, entitled Powers of Mayor, of this code.
4.10.010 Purpose
Review complaints of improper application of the International Building Code.
4.10.020 Appointment
The Mayor, with the consent of the City Council, shall appoint committee members.
4.10.030 Compensation
All members of the committee shall serve and act without compensation, except that their actual and necessary expenses shall be allowed, and the city shall purchase the necessary and
suitable equipment and supplies to enable the committee to properly transact and attend to its business.
4.10.040 Vacancies
The Mayor, with the consent of the City Council, shall appoint a qualified person to fill the unexpired term of any at-large Commission member in the event of a vacancy.
4.10.050 Bylaws
The committee shall adopt bylaws with which to govern themselves. These bylaws shall be ratified by the city council and shall act as the rules of the committee. (Ord. 1144, § 2A, 2016).
CHAPTER 4.11 GOLF BOARD (JOINT CITY/COUNTY)*
*Note to Chapter 4.11: For provisions concerning the creation of commissions and or committees, see §2.01.060, entitled Powers of Mayor, of this code.
4.11.010 Purpose
The Golf Board serves as a forum for communication between various golfing constituencies and the contract operator and the City of Rexburg and Madison County. They render advice and
opinions concerning future capital improvements or infrastructure replacement needs required at the courses. They also recommend adjustments in rates and charges at the courses.
4.11.020 Appointment
The Mayor, with the consent of the City Council, shall appoint committee members.
4.11.030 Compensation
All members of the committee shall serve and act without compensation, except that their actual and necessary expenses shall be allowed, and the city shall purchase the necessary
and suitable equipment and supplies to enable the committee to properly transact and attend to its business.
4.11.040 Vacancies
The Mayor, with the consent of the City Council, shall appoint a qualified person to fill the unexpired term of any at-large Commission member in the event of a vacancy.
4.11.050 Bylaws
The committee shall adopt bylaws with which to govern themselves. These bylaws shall be ratified by the city council and shall act as the rules of the committee. (Ord. 1144, § 2A, 2016).
CHAPTER 4.12 AIRPORT BOARD (JOINT CITY/COUNTY)*
*Note to Chapter 4.12: For provisions concerning the creation of commissions and or committees, see §2.01.060, entitled Powers of Mayor, of this code.
4.12.010 Purpose
The purpose of the Airport Board is to provide recommendations to the Rexburg City Council and Madison County Commissioners for their consideration on the various phases of airport operations.
4.12.020 Appointment
The Mayor, with the consent of the City Council, shall appoint committee members.
4.12.030 Compensation
All members of the committee shall serve and act without compensation, except that their actual and necessary expenses shall be allowed, and the city shall purchase the necessary and
suitable equipment and supplies to enable the committee to properly transact and attend to its business.
4.12.040 Vacancies
The Mayor, with the consent of the City Council, shall appoint a qualified person to fill the unexpired term of any at-large Commission member in the event of a vacancy.
4.12.050 Bylaws
The committee shall adopt bylaws with which to govern themselves. These bylaws shall be ratified by the city council and shall act as the rules of the committee. (Ord. 1144, § 2A, 2016).
CHAPTER 4.13 TRAILS OF MADISON COUNTY COMMITTEE (JOINT CITY/COUNTY)*
*Note to Chapter 4.13: For provisions concerning the creation of commissions and or committees, see §2.01.060, entitled Powers of Mayor, of this code.
4.13.010 Purpose
To advise the City and County in planning, promoting and facilitating the design and construction of walking, jogging and biking trails in Madison County.
4.13.020 Appointment
The Mayor, with the consent of the City Council, shall appoint committee members.
4.13.030 Compensation
All members of the committee shall serve and act without compensation, except that their actual and necessary expenses shall be allowed, and the city shall purchase the necessary and
suitable equipment and supplies to enable the committee to properly transact and attend to its business.
4.13.040 Vacancies
The Mayor, with the consent of the City Council, shall appoint a qualified person to fill the unexpired term of any at-large Commission member in the event of a vacancy.
4.13.050 Bylaws
The committee shall adopt bylaws with which to govern themselves. These bylaws shall be ratified by the city council and shall act as the rules of the committee. (Ord. 1144, § 2B, 2016).
CHAPTER 4.14 TRAFFIC SAFETY COMMISSION*
*Note to Chapter 4.14: For provisions concerning the creation of commissions and or committees, see §2.01.060, entitled Powers of Mayor, of this code.
4.14.010 Creation
There is hereby created and established a commission to be known as "Rexburg Traffic Safety Commission." (Ord. 497, §1, 1969).
4.14.020 Membership and Terms of Office
The Traffic Safety Commission shall consist of ten (10) members to be appointed by the Mayor, with the consent and approval of the Council. Members of said commission shall hold office
for a period of six (6) years each and said terms shall be staggered in such a manner so that the terms of not more than four (4) members shall expire in any one (1) year. Two (2) of
such members shall hold office for a term of three (3) years; four (4) for four (4) years, and four (4) for six (6) years, the respective terms of office to be determined by lot at
the first meeting of the commission. Thereafter, the term of office for each appointive member shall be six (6) years.
Members shall be selected so that there shall always remain in the commission one (1) school administrator; one (1) City Engineer or public Works director or personnel director; one
(1) city judge or magistrate; one (1) county commissioner; one (1) chief of Police; one (1) city attorney, and four (4) local citizens, and shall serve without compensation. (Ord.
497, §2, 1969).
4.14.030 Vacancies
Vacancies shall be filled by appointment of the Mayor, with the consent of the Council. (Ord. 497, §3, 1969).
4.14.040 Organization
The commission shall elect its own chairman and secretary, and create and fill such other offices as it may determine necessary, and adopt such rules as it shall deem necessary to carry
out its purposes. (Ord. 497, §4, 1969).
4.14.050 Meetings
The commission shall hold one (1) regular meeting each month for not less than nine (9) months in each year. A majority of the appointive members of the commission shall be necessary
to constitute a quorum at any meeting. All meetings shall be open to the public. A written record of its meetings, resolutions, findings, and determinations shall be kept, Which shall
be a public record.
The commission may require the attendance at any meeting of such other city Officials as it may deem necessary. (Ord. 497, §5, 1969).
4.14.060 Duties
It shall be the duty of the commission to recommend and make suggestions to the Council for the adopting of plans for traffic safety as recommended by the National Safety Council Study
of 1968; to coordinate all Rexburg City Traffic Safety Plans into the State of Idaho Plan; to make suggestions for projects designed to increase safety in pedestrian and school traffic
in the City and to generally recommend to the Council plans to improve traffic safety in the entire City of Rexburg. (Ord. 497, §6, 1969); (Ord. 1144, § 2A, 2016).
TITLE 5 REVENUE AND FINANCE
Title 5 sets forth the financial provisions applicable to the city generally.
CHAPTER 5.01 CAPITAL IMPROVEMENTS FUND*
*Note to Chapter 5.01: For statutory provisions authorizing a city to levy a capital improvement fund or a specific purpose, see Idaho Code §50-236.
5.01.010 Tax levy – Restrictions
There is levied upon all taxable property within the city limits subject to taxation for the city purposes for city government a special tax not to exceed in aggregate two mills in any
one year, said special tax to be levied each and every year commencing with the year 1968, and such fund never to exceed in aggregate two percent of the assessed valuation. (Ord. 476
§1, 1968).
5.01.020 Disposition and expenditure of collected funds
The moneys received from the special tax described in Section 5.01.010 shall be placed in a capital improvements fund and used for the specific purpose of purchasing and/or constructing,
repairing and furnishing a city hall for the city, and for purchasing necessary office equipment. (Ord. 476 §2, 1968).
CHAPTER 5.02 ARTS FEE ON CAPITAL IMPROVEMENT PROJECTS
5.02.010 Purpose
It is the purpose of this chapter and the policy of the City of Rexburg through the dedication of one and a quarter percent (1.25%) of the total cost of all eligible capital improvement
projects to include art in public places in the City in order to, beautify public areas, enhance the quality of life for Rexburg citizens, attract tourism, and provide incentives to
business’ to locate within the City, thus expanding Rexburg’s economic base. (Ord. 1086 §1, 2012: Ord. 937, §1, 2005).
5.02.020 Definitions
For a complete list of the definitions please see Ord. 1086, §1.10.020, 2012 (History: Ord. 937, §1.10.020, 2005).
5.02.030 General requirements for art
Works of art may be an integral part of a structure, attached to a structure or detached from a structure within or outside of it. Works of art may also be located on any publicly owned
property. Costs associated with management, maintenance, operation
and creation of venues for the Arts, such as live theaters, auditoriums, or public performance venues shall also constitute Works of art for purposes of this Chapter.
For additional requirements please see (Ord. 1086, §1.10.030, 2012: Ord. 937, §1.10.030, 2005).
5.02.040 Administrative responsibilities
The City designates the Mayor in cooperation with the Rexburg Arts Council to be responsible for the conservation and maintenance for all works of art in the public art program.
Works of Arts shall not be inconsistent with the City’s comprehensive plan, goals, and purposes, zoning and subdivision ordinances, and land uses contemplated therein.
(Ord. 1086, §1.10.040, 2012: Ord. 937, §1.10.040, 2005).
5.02.050 Source of funds
From each eligible capital improvement project, the City council shall place in the public art account an amount equal to one and one quarter percent (1.25 %) of the project’s capitalized
costs to the City regardless of whether the project is completed. The City’s contributions to the public art account pursuant to this chapter shall be funded from the City’s current
expense fund.
For additional information on how to compute the amount placed in the public art account please see Ord. 1086, §1.10.050, 2012: Ord. 937, §1.10.050, 2005.
CHAPTER 5.03 WATERWORKS FUND*
*Note to Chapter 5.03: For statutory provisions requiring the treasurer to deposit all funds in a place provided by ordinance, see Idaho Code §50-1013.
5.03.010 Created
There is created a fund which shall be known as the "waterworks fund." (Ord. 105 §1, 1906).
5.03.020 Source of moneys
All moneys received from the sale of waterworks bonds shall be apportioned to the waterworks fund. All moneys received from assessments, or tax levy on property abutting the pipelines
of the city water works system, which may have been taxed or assessed, or which shall hereafter be taxed or assessed for the purpose of building or constructing the city waterworks
system shall be apportioned to the waterworks fund. (Ord. 105 §2, 1906).
CHAPTER 5.04 REVOLVING LOAN FUND
5.04.010 Establishment – Use of fund
The city of Rexburg hereby establishes a revolving loan fund in the amount of one million dollars which shall be used to create a permanent pool of funds to attract and maintain businesses
in the city and its surrounding area and also may be loaned to the city for city projects and improvements. (Ord. 701 §1, 1990).
5.04.020 Repayment conditions
All loans are to be repaid on the terms and conditions designated by the city, together with a loan interest rate near the prime rate. (Ord. 701 §2, 1990).
5.04.030 Purpose
The purposes for which these funds shall be loaned are for job creation or job purposes that will create or retain jobs in the city and/or its surrounding area. (Ord. 701 §3, 1990).
5.12.040 Withdrawals
Any withdrawals from the fund for any such purposes and projects, together with interest thereon, shall be repaid to this revolving loan fund. The terms and conditions of such loan shall
be determined by the city. (Ord. 701 §4, 1990).
CHAPTER 5.05 STREETS DEVELOPMENT IMPACT FEE REPORT*
*Note to Chapter 5.05: For statutory provisions authorizing a city to require a streets development impact fee, see Idaho Code §67-82. For “City of Rexburg Streets Development Impact
Fee Report” click here.
5.05.010 Findings
After a public hearing by the City Council to consider a Report entitled, "City of Rexburg Streets Development Impact Fee Report," dated July 05, 2006, hereinafter referred to in Chapter
5.14 as “Report,” the City Council has made and does hereby make the following findings, to wit:
For a complete list of these findings please see Ord. 961(part), 2006.
5.05.020 Title and purpose
The provisions of Ordinance 961 shall be known as the "City of Rexburg Streets Development Impact Fee Ordinance." The purpose of these regulations is to prescribe the procedure whereby
developers of land shall pay an impact fee as set forth in Ordinance 961 for the purpose of providing the public facilities and system improvements needed to serve future residents
and users of such development. It is further the purpose of Ordinance 961 to:
Ensure that adequate facilities are available to serve new growth and development;
Promote orderly growth and development by establishing uniform standards by which the City may require that those who benefit from new growth and development pay a proportionate share
of the cost of new public facilities needed to serve new growth and development;
Ensure that those who benefit from new growth and development are required to pay no more than their proportionate share of the cost of public facilities needed to serve new growth and
development and to prevent duplicate and ad hoc development requirements;
Collect and expend development impact fees pursuant to the enabling powers granted by the provision of the Idaho Development Impact Fee Act, Title 67, Chapter 82, Idaho Code;
Provide the legal and procedural basis for the implementation of development impact fees within the area of city impact; and
Ensure that any capital improvement funded wholly or in part with impact fee revenue shall first be included in an approved capital improvements plan that lists the capital improvements
that may be funded with impact fee revenues as well as the estimated costs and timing for each improvement. (Ord. 961, §01.010, 2007).
5.05.030 Definitions
As used in this chapter, the following words and terms shall have the following meanings, unless another meaning is plainly intended:
For a complete list of the definitions please see Ord. 961, §01.020, 2006.
5.05.040 Application
The provisions of the City of Rexburg Streets Development Impact Fee Ordinance (Ordinance 961) and Chapter 5.05 of this code shall apply uniformly to all those who benefit from new growth
and development except as provided below.
The provisions of the City of Rexburg Streets Development Impact Fee Ordinance (Ordinance 961) and Chapter 5.05 of this code shall not apply to the following:
For additional information please see Ord. 961, §2, 2006.
An exemption must be claimed by the fee payer upon application for a building permit. Any exemption not so claimed shall be deemed waived by the fee payer. Applications for exemption
shall be submitted to and determined by the City Clerk, or his or her duly designated agent, within ninety (90) days. Appeals of the City Clerk’s, or his or her duly designated agent,
determination shall be made under the provisions of §5.05.130 of this code entitled “Appeals.” (Ord. 961, §2, 2006).
5.05.050 Collection of impact fees
The development impact fee shall be paid and collected at the time of issuance of a building permit or a manufactured/mobile home installation permit.
No building permit or other equivalent City approval shall be issued for development as herein defined unless the impact fee is paid pursuant to Chapter 5.05 of this code.
A manufactured / mobile home unit may not locate on a manufactured / mobile home site unless the impact fee is paid pursuant to Chapter 5.05 of this code or has been paid on a previous
manufactured / mobile home unit on the same site.
In the event payment is dishonored, the City shall have all lawful remedies including but not necessarily limited to the withholding of utility services, the imposition of reasonable
interest and penalties, the imposition of liens pursuant to Chapter 5, Title 45, Idaho Code, the withholding of other City approvals required for the development of other properties
owned by the fee payer, and the issuance of “stop work” orders, and the revocation or suspension of the building permit. (Ord. 961, §3, 2006).
5.05.060 Capital improvement projects
The capital improvement projects to be financed by the impact fee are those as listed in the "Report,” incorporated herein by reference along with all footnotes, exhibits, appendices,
and other attachments referenced. (Ord. 961, §4, 2006).
5.05.070 Calculation of impact fee
The City shall calculate the amount of the impact fee due for each building permit and manufactured / mobile home installation permit by the procedure set forth in the "Report".
The calculation of a development impact fee shall be in accordance with generally accepted accounting principles. A development impact fee shall not be deemed invalid because payment
of the fee may result in an incidental benefit to owners or developers within the service area other than the person paying the fee.
A development impact fee shall be calculated on the basis of the Performance Standard for public facilities adopted in the City of Rexburg Streets Development Impact Fee Ordinance (Ordinance
961) or Chapter 5.05 of this code and in the “Report” that are applicable to existing development as well as new growth and development. The construction, improvement, expansion or
enlargement of new or existing public facilities for which a development impact fee is imposed must be attributable to the capacity demands generated by the new development.
If the development for which a building permit is sought contains a mix of uses, the impact fee will be calculated for each type of use.
Certification: Prior to making an application for a building permit or manufactured / mobile home installation permit, a prospective applicant may request in writing a written certification
of the development impact fee schedule or individual assessment for a particular project which shall establish the development fee for a period of one (1) year from the date of certification.
The certification shall include an explanation of facilities considered under Section 67-8207, Idaho Code. The certification shall specify the system improvement(s) for which the impact
fee is intended to be used.
Individual Assessment: Individual assessment of impact fees is permitted in situations where the fee payer can demonstrate by clear and convincing evidence that the established impact
fee is inappropriate.
For additional information please see (Ord. 961, §5, 2006).
5.05.080 General methodology of calculation
The amount of the impact fee shall be calculated using the methodology contained in the “Report.”
A development impact fee shall not exceed a proportionate share of the cost of system improvements determined in accordance Section 67-8207, Idaho Code. Development impact fees shall
be based on actual system improvement costs or reasonable estimates of such costs.
A developer shall have the right to elect to pay a project’s proportionate share of system improvement costs by payment of development impact fees according to the fee schedule as full
and complete payment of the development project’s proportionate share of system improvement costs, except as provided in Section 67-8214(3), Idaho Code. The schedule of development
impact fees for various land users per unit of development shall be as set forth in the “Report.”
Proportionate Share Determination:
For more information please see (Ord. 961, §6, 2006).
5.05.090 Inflationary adjustment for impact fee
The City of Rexburg Streets Development Impact Fee Ordinance (Ordinance 961) provides for an automatic annual adjustment to the impact fee based on the Constructions Materials index
for Seattle. The adjustment may increase or decrease the impact fee depending on the value of the index for that year. The inflationary adjustment will be capped at 2.5% each year.
The annual effective date of this fee adjustment shall coincide with the beginning date of the City’s annual budget. (Ord. 961, §7, 2006).
5.05.100 Administration of impact fee
For additional information on this section please see Ord. 961, §8, 2006.
5.05.110 Credits and reimbursement
For additional information on this section please see Ord. 961, §9, 2006.
5.05.120 Refunds
The current owner or contract purchaser of property on which an impact fee has been paid may request a refund of such fee if:
For circumstances under which you can seek refund please see Ord. 961, §10, 2006
The request for refund must be filed in writing and submitted to the City Clerk or his or her duly designated agent on a form provided by the City for such purpose. The Owner shall provide
such documentation as the City Clerk, or his or her duly designated agent, may require proving such satisfaction, conveyance, or releases from contract sellers, mortgagees, lien holders,
and / or others having an interest in the real property for which an impact fee has been paid.
A request for refund must be filed within the time allowed by law.
Within ninety (90) days of the date of receipt of a request for refund, the City Clerk or his or her duly designated agent must provide the owner, in writing, with a decision on the
refund request including the reasons for the decision. If a right to refund exists, the City is required to send a refund to the owner of record within ninety (90) days after it is
determined that a refund is due. A refund shall include a refund of interest at one-half (½) the legal rate provided for in Section 28-22-104, Idaho Code.
Owner may appeal the determination of the City Clerk, or his or her duly designated agent, to the City Council pursuant to the provisions in §5.05.130 of this code. (Ord. 961, §10,
2006).
5.05.130 Appeals
A developer or fee payer may appeal the written determination of the applicability and amount of the development impact fee, or refund, or any discretionary action or inaction by or
on behalf of the City to the City Council.
The developer or fee payer must file a notice of appeal to the City Council with the City Clerk within thirty (30) days following the written determination, discretionary action, or
inaction. When filing an appeal, the fee payer shall submit a letter providing a full explanation of the request, the reason for appeal, as well as all supporting documentation.
The filing of an appeal shall not stay required payment of the impact fee, however, a fee payer can pay a development impact fee under protest in order to obtain development approval
or building permit.
Upon voluntary agreement by the fee payer and the City, any disagreement related to the impact fee for the proposed development may be mediated by a qualified independent party.
Mediation may take place at any time during the appeals process and participation in mediation does not preclude the fee payer from pursuing other remedies provided for in the City of
Rexburg Streets Development Impact Fee Ordinance (Ordinance 961) and Chapter 4.14 of this code.
The fee payer and the City shall share mediation costs equally. (Ord. 961, §11, 2006).
5.05.140 Extraordinary impacts
In determining the proportionate share of the cost of system improvements to be paid by the developer, the City Clerk or his or her duly designated agent shall consider whether any extraordinary
costs will be incurred in serving the development based upon an extraordinary impact as defined in §5.05.030 of this code. This determination shall be made prior to issuance of any
permit for development and shall be paid prior to any such issuance except as may be provided pursuant to a private agreement between the parties as authorized by Idaho Code Section
67-8214.
If the City Clerk or his or her duly designated agent determines that the development will result in an extraordinary impact, it shall advise the fee payer in writing what the extraordinary
impact is, the reason for the extraordinary impact, and the estimated costs to be incurred as a result of the extraordinary impact.
Nothing in the City of Rexburg Streets Development Impact Fee Ordinance (Ordinance 961) or Chapter 5.05 of this code shall obligate the City to approve any development that results in
extraordinary impact.
The fee payer may appeal the determination of an extraordinary impact or the amount of extraordinary costs incurred in writing by filing a notice of appeal to the City Council with the
City Clerk pursuant to the terms set forth in Section 11 of Ordinance 961 or §5.05.130 of this code, entitled “Appeals.” When filing an appeal, the fee payer shall submit a letter providing
the reason for the appeal along with supporting documentation. The City Council shall consider the appeal and make a final determination within ninety (90) days of receipt of the written
appeal. (Ord. 961, §12, 2006).
5.05.150 Streets Development Impact Fee Report
Addendum “A” entitled “Streets Development Impact Fee Report” dated July 05, 2006, along with all footnotes, exhibits, appendices, and other attachments referenced therein, all of which
are by this reference incorporated herein as if set forth fully. A description of acceptable levels of service for system improvements is described in the “Report.” (Ord. 961, §13,
2006).
For the full “Report” please click here.
5.05.160 Bonding
Funds pledged toward retirement of bonds, revenue certificates, or other obligations of indebtedness for such projects may include impact fees and other city revenues as may be allocated
by the City Council. (Ord. 961, §14, 2006).
5.05.170 Effects of impact fee on zoning and subdivision regulations
The City of Rexburg Streets Development Impact Fee Ordinance (Ordinance 961) or Chapter 5.05 of this code shall not affect, in any manner, the permissible use of property, density of
development, design and improvement standards and requirements, or any other aspect of the development of land or provision of capital improvements subject to the zoning and subdivision
regulations or other regulations of the City, which shall be operative
and remain in full force and effect without limitation with respect to all such development. (Ord. 961, §15, 2006).
5.05.180 Other powers and rights not affected
For additional information on this section please see Ord. 961, §16, 2006.
5.05.190 The Report
Ordinance 961, the City of Rexburg Streets Development Impact Fee Ordinance, reads, “Addendum ‘A’ entitled ‘Streets Development Impact Fee Report’ dated July 05, 2006, along with all
footnotes, exhibits, appendices, and other attachments referenced therein, all of which are by this reference incorporated herein as if set forth fully. A description of acceptable
levels of service for system improvements is described in the ‘Report.’” For the complete “Report” please click here (Ord. 961, §13, 2006).
TITLE 6 BUSINESS REGULATIONS
Title 6 sets forth the registration and licensing procedures, regulations and requirements necessary for the legal operation of businesses within the City’s corporate limits.
For statutory provisions authorizing cities to license occupations and businesses and to regulate same by ordinance, see Idaho Code §50-307. For provisions authorizing the licensing
and regulation of amusements, see Idaho Code §50-308.
CHAPTER 6.01 BUSINESS LICENSES
6.01.010 Scope
The provisions of this chapter apply to all business licenses or registrations of the city, except where an ordinance concerning a particular business contains a specific provision to
the contrary, in which case the specific provision shall apply.
The purpose of this chapter is to provide one document covering all license or registration fees and investigation fees or processing fees connected with the issuance or renewal of licenses
or registrations for any business license or registration by the city. The fees referenced in this chapter shall apply in place of any earlier provision in any other ordinance. The
fees and charges for businesses or operations not listed in this chapter shall be as stated in the specific ordinances or parts of ordinances relating to those businesses or operations.
The City Council shall modify or update the city fees by resolution as needed.
A further purpose of this Chapter is to protect the health, safety, and welfare of the City of Rexburg and its residents. This ordinance is not intended to prohibit or hamper speech
which is protected by the First Amendment, but merely to regulate specific activities which are commercial in nature. (Ord. 1029, §1, 2010).
6.01.020 License or Registration required
Registration is required for all businesses, including professional services. No fees shall be charged unless they are delineated on the City’s master fee list. It shall be unlawful
for any vendor, solicitor, or temporary merchant, as the same are herein defined, to engage in such business or to employ another in such business within the corporate limits of the
City without first obtaining a license or registration from the City Clerk's Office in compliance with the provisions of this Chapter. All vendors, solicitors, or temporary merchants
must meet all applicable city, state, and federal law and licensing requirements including District Seven Health Department Regulations and Requirements, before a registration or license
is issued. The applicant must continually maintain a City issued license or registration. (Ord. 1029, §2, 2010).
6.01.030 Exceptions
The provisions of this Chapter shall not apply to:
Any sales under court order;
Traveling salespersons, commercial travelers or the like who exclusively or primarily sell to, or solicit orders for future delivery, from local retailers, local businesses, local governments,
local schools, or local wholesale firms;
The sale of farm or garden products by the person producing the same;
The sale of a newspaper subscription in which the seller is a person engaged in both the delivery and sale of the newspaper;
5) The occasional sale of admission by local school students to a function of their school; or fund raising sales by local service clubs or groups such as Elks, Kiwanis, Lions, Boy
or Girl Scouts;
6) Any political group seeking funds or membership;
7) Garage, yard, or similar sales by individuals at their residence or place of business not exceeding two (2) separate sales in one (1) calendar year, not to exceed three (3) days
each, which sales shall not include business inventory or items that have been purchased for the purpose of resale at another garage sale;
Any organization exempt from taxation as provided by 26 U.S.C. 501 and meeting all the requirements for the exemptions provided by U.S.C. 503;
Any activity conducted pursuant to a Special Events Permit. (Ord. 1029, §3, 2010)
6.01.040 Definitions
As used in this chapter and in any ordinance regulating business or requiring a license or registration for the operation of a business, the following terms shall have the following
meanings, except where the context clearly indicates that a different meaning is intended and except where an ordinance concerning a particular business contains a specific provision
to the contrary:
For a complete list of the definitions please see Ord. 1029, §4, 2010.
6.01.050 Types of fees
The following are the types of fees that are covered by this chapter:
A license or registration fee, paid by the operator of the business for the issuance of the license or registration;
A nonrefundable investigation fee, covering the cost of investigating to determine whether the applicant is eligible for a license or registration. This type of fee shall be charged
only in instances specified in this chapter or in
any other applicable ordinance. This fee shall be in addition to the license or registration fee;
A nonrefundable processing fee, covering the cost of processing an application. This type of fee shall be charged per the business registration fee list. This fee shall be in addition
to the license or registration fee. (Ord. 1029, §5, 2010).
6.01.060 License or registration fees
Business license or registration fees shall be reviewed annually and any changes shall be made by resolution of the City Council. Any license or registration fee that is not on the
most current City Clerk License or Registration Fee Schedule shall have fees set by the mayor and city council in each individual situation. The vendor, solicitor or canvasser, or
temporary merchant non-refundable license or registration fee, in an amount established by the Rexburg City Council and listed on the most current City Clerk License or Registration
Fee Schedule, shall be paid in advance. (Ord. 1029, §6, 2010).
6.01.070 Fee payment required
No person shall operate any business for which a license or registration fee is established by this chapter until and unless the license or registration fee has been paid on behalf of
that business. No business license or registration shall be issued until after the payment of the fee required by this chapter. No license or registration shall be issued until any
applicable investigation fee or processing fee has been paid. All license or registration fees, investigation fees and processing fees shall be paid in to the city treasurer. To the
extent permitted by the budget, investigation fees and processing fees may be spent on behalf of the offices or departments actually making the investigations or processing the applications
in question. (Ord. 1029, §7, 2010).
6.01.080 Administrative appeals
Any person aggrieved by any decision relating to the issuance of a license may file an administrative appeal in the manner provided by ordinance. (Ord. 1029 §7, 1990).
6.01.080 Application
For additional information on this section please see Ord. 1029, §8, 2010
6.01.090 Investigation
Such application, or application for renewal, the City Clerk shall refer it to the Chief of Police, who shall cause an investigation to determine the validity and completeness of the
information presented on the application. The Chief of Police shall endorse upon the application the findings of the investigation and return it to the City Clerk within five (5) working
days. Providing, where application for renewal of a license or registration is involved, and the City Clerk has received no complaint or allegation, the City Clerk may waive payment
of the investigation fee and issue the renewal license or registration, upon payment of the license or registration fee, without referral of the application to the Chief of Police.
For more information about the process of investigation please see Ord.
1029, §9, 2010
The City Clerk shall notify the applicant whether his license or registration request is approved and upon payment of the prescribed license or registration fee, shall issue a license
or registration. Such license or registration shall show the name, address, the type of license or registration issued, the amount of fee paid, the date of issuance and the date of
expiration. The license or registration for peddlers, solicitors, canvassers, or transient merchants will also include a photograph of said licensee and the kind of goods to be sold
or type of sales to be solicited there under.
The City Clerk shall notify the applicant if his license or registration request is disapproved the reasons therefore, and advise him of the appeal procedure. (Ord. 1029, §9, 2010).
6.01.100 Term of license or registration
License or registration year. Except where otherwise specifically provided in connection with a business, the license or registration year shall run from January 1st until December
31st of the same year. No person, firm or corporation may continue to operate a business after the expiration of the license or registration unless an application has been made for
a new license or registration and a new license or registration has been issued.
License or registration for less than a year. If a business or operation is started after the middle of the license or registration year, the fee for the license or registration shall
be one-half of the annual fees in the absence of a specific provision to the contrary. (Ord. 1029, §10, 2010).
6.01.110 Administrative appeals
Any person aggrieved by any decision relating to the issuance of a license or registration may file an administrative appeal in the manner provided by ordinance. (Ord. 1029, §11, 2010).
6.01.120 Recordkeeping
Nothing in any city ordinance shall be deemed to prohibit the City Clerk from using computers to organize information concerning license or registrations, or to store or process such
information. The clerk shall, however, have at least one written record, on paper, of each license or registration application and of each license or registration issued, organized
in such a way that, if necessary, a manual search could retrieve information by the names of license or registrations. (Ord. 1029, §12, 2010).
6.01.130 Number limitations
In the absence of a specific provision to the contrary, no ordinance is to be interpreted as
limiting the number of license or registration that may be issued or as limiting the number of business enterprises of any particular kind that may be operated in the city. No city
officer
or employee may refuse to issue a license or registration because of the officer or employee's belief that there is enough of a particular type of business in the city already. (Ord.
1029, §13, 2010).
6.01.140 Duty to issue
No city ordinance relating to business license or registration shall be interpreted as granting or attempting to grant to any city officer or employee any discretionary authority to
issue a license or registration to refuse to issue a business license or registration. License or registration shall be issued to each applicant complying with all applicable state
laws and city ordinances, and license or registration shall be refused for any applicant failing to comply with all such applicable laws and ordinances. (Ord. 1029, §14, 2010).
6.01.150 Fire extinguishers
Each business shall have at least one city approved fire extinguisher on the premises. This is required not only for fires that may originate in the business but also for use for any
nearby fire in a vehicle or other place. All such fire extinguishers shall be kept charged and ready to use, in an accessible location known to all employees on the premises. (Ord.
1029, §15, 2010).
6.01.160 Inspections
Any business in the city may be inspected by city officers and employees authorized to enforce provisions of ordinances which include building, fire, plumbing, and electrical codes relating
to that business. In the absence of an emergency and in the absence of sound reasons whereby an inspection cannot be made during regular business hours, inspections shall be made during
normal business hours. Immediately upon arriving at a place of business for the purpose of making an inspection, the city officer or employee making the inspection shall identify himself
or herself and shall state that the purpose of the visit is to make an inspection. No person having control of any business premises shall refuse to permit a city officer or employee
to enter for the purpose of making an inspection. If entry is refused, the city officer or employee shall leave and seek a search warrant or other appropriate court order, to gain
entry. (Ord. 1029, §16, 2010).
6.01.170 Alternative methods
When any city ordinance requires a business to use a particular procedure or material for health or safety reasons, an alternative procedure may be proposed by the person, firm or corporation
operating the business. If the City Clerk finds that the alternative proposal has been proven to provide at least equal safety and at least equal protection to public health as the
method or material required by ordinance, the alternative shall be approved. The burden of proof is on the person advocating the alternative. After approval of the alternative, other
persons in the same business may continue to use the method authorized by the ordinance or the alternative method, at the option of the person operating the business. The city officer
approving the alternative shall report the matter to the governing body of the city, for consideration of amendments to the ordinance. Any person aggrieved by a refusal to approve
an alternative method or material may call the matter to the attention of the
governing body of the city and request an amendment to the ordinance. (Ord. 1029, §17, 2010).
6.01.180 Fake repairs prohibited
No person doing business anywhere in the city shall charge for any repair or maintenance work on any vehicle or other device or thing, unless such repair or maintenance work has in fact
been done. (Ord. 1029, §18, 2010).
6.01.190 Violation – Penalty
Any person, firm or corporation violating any provision of this chapter, or of any ordinance relating to licensing, where no other penalty is provided, shall be fined not less than twenty-five
dollars nor more than five hundred dollars for each offense. Any person violating any such provision may in addition to a fine or in lieu of a fine be imprisoned for not more than
six months. A separate offense shall be deemed committed on each day during or on which a violation occurs or continues. (Ord. 1029, §19, 2010).
NOTE: All Rexburg City Ordinance Misdemeanor violation penalties are hereby amended to be Infraction penalties for the City of Rexburg. (Ordinance 1164 §1, 2017).
6.01.200 Bond Requirement
Before any license or registration as provided herein shall be issued for engaging in the business of peddler, solicitor or canvasser, or transient merchant as defined in this ordinance,
every applicant plying his trade as an individual, shall file with the City Clerk a surety bond running to the City or a cashier's check as outlined in the current city fee resolution.
Every business, firm, company or corporation, which has one or more employees or agents acting in the capacity of peddler, solicitor, canvasser or transient merchant, shall file with
the City Clerk a surety bond covering all such employees or agents and running to the City or a cashier's check as outlined in the current city fee resolution for each employee and/or
agent.
For more information about Bond Requirement please see (Ord. 1029, §20, 2010).
6.01.202 Bond Requirements for non- peddler, solicitor or canvasser, or transient merchant
1) Bonding for other businesses may require bonding as deemed necessary by the City Clerk. (Ord. 1029, §20, 2010).
6.01.210 Exhibition of License or Registration
The City Clerk shall notify the applicant whether his license or registration request is approved and shall issue a license or registration. Such license or registration shall show the
name, address, the type of license or registration issued, the amount of fee paid, the date of issuance and the date of expiration. The license or registration for peddlers,
solicitors, canvassers, or transient merchants will also include a photograph of said licensee and the kind of goods to be sold or type of sales to be solicited there under.
The City Clerk shall notify the applicant if his license or registration request is disapproved, the reasons therefore, and advise him of the appeal procedure pursuant to the provisions
of this ordinance.
3) The license or registration issued to the license or registration hereunder by the City Clerk shall be exhibited in a conspicuous place if the license or registration is using a
vehicle or a building in his business, and otherwise must be kept by the person and exhibited at any time upon request. (Ord. 1029, §21, 2010).
6.01.220 Mobile Vending Cart, Trailer, and Vehicle standards
For additional information on this section please see Ord. 1029, §22, 2010.
6.01.230 General Restrictions
For additional information on this section please see Ord. 1029, §23, 2010.
6.01.240 Location Restrictions
No license or registration hereunder shall have any exclusive right to any location in a public street, nor shall he be permitted to operate in any congested area where his
operations might impede or inconvenience the public. For the purpose of this ordinance, the judgment of a police officer, exercised in good faith, shall be deemed conclusive as to whether
the area is congested or the public impeded or inconvenienced. No business activity shall be carried on in any area of the City by any or registration that is licensed or registered
pursuant to this ordinance, where such business activity is prohibited or violates setbacks as established by the City of Rexburg Development Code. (Ord. 1029, §24, 2010).
6.01.250 Street Vending Restrictions
In addition to the restrictions and qualifications contained in this chapter, street vendors are additionally subject to the following restrictions:
1) Parking Restrictions. Vendor trailer or vehicles must at all times be parked in a legal manner. Vending operations shall be conducted only to pedestrians on sidewalks. No service
to the public shall be made from the street side of the vehicles(s).
"Open for Business" Sign. To differentiate between vending trailers or vehicles that are merely legally parked on the street from those that are actively engaged in vending operations,
any street vending cart, trailer, or vehicle must place an "open for business" sign on the cart, trailer, or vehicle in a conspicuous manner when the vending operations are open for
business. Conversely, this sign must be taken down when vending operations have ceased. (Ord. 1029,§25, 2010).
6.01.260 Additional restrictions within Commercial Business Districts including Pro-Zones and Mixed Use Zones:
In addition to the restrictions contained in this chapter, all vendors, solicitors, and temporary merchants must comply with the following restrictions in order to vend in the Commercial
Business District (Commercial Zones) unless exempted by a special events permit:
For the complete list of these restrictions please see Ord. 1029, §26, 2010
Only one vending cart may occupy an IVL at one time.
Anytime a mobile vending cart occupies an IVL it must be open for business, and the vendor may not leave the cart unattended for greater than fifteen consecutive minutes. A mobile vending
cart occupying an IVL that is unable to conduct business shall be removed after fifteen (15) minutes.
Beginning at seven (7) a.m. the first properly license or registration mobile vendor that positions his or her cart over the IVL may maintain that position until eleven (11) p.m. as
designated by the City Clerk, or except as provided herein.
For more information please see Ord. 1029, §26, 2010.
6.01.270 Unlawful to Conduct:
For additional information on this section please see Ord. 1029, §27, 2010
6.01.280 Enforcement
It shall be the duty of any police office of the City to enforce this ordinance. The Chief of Police shall report to the City Clerk all violations of this ordinance. (Ord. 1029, §28,
2010).
6.01.290 Renewals
License or registrations which are not renewed for a minimum of any six (6) quarters within the two (2) year period from the date of the original issue shall be, upon application for
renewal, treated as an original application. (Ord. 1029, §29, 2010).
6.01.300 Expiration of License or Registration
All license or registrations issued under the provisions of this ordinance shall expire on the date specified in the permit. No shall be issued for a period longer than one (1) year.
(Ord. 1029, §30, 2010).
6.01.310 Penalty
Any person, business, firm, company or corporation who shall violate any of the provisions of this ordinance shall be guilty of a misdemeanor and upon conviction shall be punished by
a fine not to exceed three hundred dollars ($300.00), or by imprisonment in the county jail for a period not to exceed thirty (30) days or both such fine and imprisonment. Each day
or violation continued shall be separate offenses, punishable as herein above described. (Ord. 1029, §31, 2010).
NOTE: All Rexburg City Ordinance Misdemeanor violation penalties are hereby amended to be Infraction penalties for the City of Rexburg. (Ordinance 1164 §1, 2017).
6.01.320 Severance Clause
The provisions of this ordinance are declared to be severable if any section, sentence, clause, or phrase of this ordinance shall not affect the validity of the remaining sections, sentences,
clauses and phrases of this ordinance but they shall remain in effect, it being the legislative intent that his ordinance shall stand notwithstanding the invalidity of any part. (Ord.
1029, §32, 2010).
6.01.330 Cancellation of sale
The buyer shall have the right to cancel the door-to-door sale within three business days. A business day is any calendar day except Sunday, or the following holidays New Year's Day,
Washington's Birthday, Memorial Day, Independence Day, Labor Day, Columbus Day, Veterans' Day, Thanksgiving Day and Christmas Day. (Ord. 1029, §33, 2010).
6.01.340 Suspension
Any person or business in violation of any portion of this ordinance or of the Rexburg City Code shall have their rights to engage in business within the City of Rexburg suspended. (Ord.
1029, §34, 2010).
CHAPTER 6.02 PEDDLERS, SOLICITORS AND TRANSIENT MERCHANTS
6.02.010 Definitions
As used in this article:
Peddler: means any person, whether a resident of the city or not, traveling by foot, motor vehicle or any other type of conveyance, however propelled, drawn, pushed or moved, from place
to place, from house to house or from street to street, carrying, conveying or transporting goods, wares, merchandise, food or farm products or provisions, offering and exposing the
same for sale or making sales and delivering
articles to purchasers, or who, without traveling from place to place shall sell or offer the same for sale from a wagon, vehicle, railroad car, or any other type of conveyance. The
word "peddler" shall include the words "hauler" and "hucksters."
Solicitor or Canvasser: means an individual, whether resident of the city or not, traveling either by foot, motor vehicle or any other type of conveyance, from place to place, from house
to house or from street to street, taking or attempting to take, whether in person or by telephone, orders for sale of goods, wares and merchandise, personal property of any nature
whatsoever for future delivery, or for services to be furnished or performed in the future, whether he is collecting advance payments on such sales or not. Such definitions shall include
any person who, for himself, or for another person hires, leases, uses or occupies any building, structure, tent, railroad boxcar, boat, hotel room, lodging house, apartment, shop or
any other place within the city for the sole purpose of exhibiting samples and taking orders for future delivery.
Temporary: means thirty days or less.
Transient merchant, itinerant merchant, itinerant vendor: means any person, whether owner or otherwise, whether a resident of the city or not, who engages in a temporary business of
selling and delivering goods, wares, and merchandise within the city, and who, in furtherance of such purpose, hires, leases, uses or occupies any building structure, motor vehicle,
tent, railroad boxcar, public room in a hotel, lodging house, apartment, shop, or any street or other place within the city for the exhibition and sale of such goods, wares and merchandise.
(Ord. 707 §1, 1990).
6.02.020 License required
It is unlawful for any peddler, solicitor or canvasser, transient merchant, itinerant merchant or itinerant vendor as the same are defined in this chapter, to engage in such business
within the corporate limits of the city without first obtaining a license therefore in compliance with the provisions of this chapter. (Ord. 707 §2, 1990).
6.02.030 Exceptions
For additional information on this section please see Ord. 707 §3, 1990.
6.02.040 License application
Fo additional information on this section please see Ord. 707 §4, 1990.
6.02.050 Issuance investigation
Up-on receipt of such application, or application for renewal, the city clerk shall refer it to the chief of police, who shall cause an investigation to determine validity and completeness
of the information presented on the application. The chief of police shall endorse upon the application the findings of the investigation and return it to the city clerk within five
working days; provided, where application for renewal of a license is involved, and the city clerk has received no complaint or allegation of any violation of this chapter or other
laws by the applicant, the city clerk may waive payment of the
investigation fee and issue the renewal license, upon payment of the license fee, without referral of the application to the chief of police.
If the applicant or his employer has been convicted of any crime, misdemeanor or violation of any municipal laws, except for minor traffic violations, in the previous five years, or
if the applicant has made a false statement on the application, then it shall be disapproved.
The city clerk shall notify the applicant whether his license request is approved and upon payment of the prescribed license fee, shall issue a license. Such license shall show the name,
address, photograph of licensee, the type of license issued, and the kind of goods to be sold or type of sales to be solicited thereunder, the amount of fee paid, the date of issuance
and the date of expiration.
The city clerk shall notify the applicant if his license request is disapproved, the reasons therefore, and advise him of the appeal procedure. (Ord. 707 §5, 1990).
6.02.060 License fees
The license fee for any peddler, solicitor or canvasser, or transient merchant shall be set according to Appendix 1. All fees shall be paid in advance. (Ord. 707 §6, 1990).
6.02.070 License exhibition
The license issued to the licensee hereunder by the city clerk shall be exhibited in a conspicuous place if the licensee is using a vehicle or a building in his business and otherwise
must be kept by the person and exhibited at any time upon request. (Ord. 707 §8, 1990).
6.02.080 License renewal
Licenses which are not renewed for a minimum of any six quarters within the two-year period from the date of the original issue shall be, upon application for renewal, treated as an
original application. (Ord. 707 §12, 1990).
6.02.090 Licenses expiration
All licenses issued under the provisions of this chapter shall expire on the date specified in the permit. No license shall be issued for a period longer than one year. (Ord. 707 §13,
1990).
6.02.100 Bonds
Before any license as provided in this chapter shall be issued for engaging in the business of peddler, solicitor or canvasser, or transient merchant as defined in this chapter, every
applicant plying his trade as an individual shall file with the city clerk a surety bond running to the city or a cashier's check in the amount of five hundred dollars. Every business,
firm, company or corporation, which has one or more employees or agents acting in the capacity of peddler, solicitor, canvasser or transient merchant, shall file with the city clerk
a surety bond covering all such employees or agents and running to the city or a cashier's check in the amount of five hundred dollars for each employee and/or agent.
Every bond for those engaging in a business as a peddler, solicitor or canvasser, or transient merchant as defined in this chapter shall be executed by the applicant as principal and
at least one surety upon which service of process may be made in the state, the bond to be approved by the city attorney, conditioned that the applicant and all of the applicant's agents
and employees, shall comply fully with all of the provisions of this chapter.
Based upon written justification and letters of reference from local citizens, local business firms, local companies or local corporations, or being licensed for one year, the above
bonding requirements may be waived when specifically approved by the city council.
Action on the surety bond or cashier's check may be brought directly by any person damaged by a licensee's violation of any provision of this chapter.
After expiration of a license, the city clerk shall, upon application of the licensee, return the bond or cashier's check six months after receipt of application for return, unless the
clerk has been notified of the pendency of any claim or cause of action by any person upon the bond or cashier's check. (Ord. 707 §7, 1990).
6.02.110 Unlawful conduct
No licensee hereunder shall:
Make physical contact with the person being solicited unless that person's permission is obtained;
Misrepresent the purpose of the solicitation;
Misrepresent the affiliation of those engaged in the solicitation;
Continue efforts to solicit from an individual once that individual informs the solicitor that he does not wish to give anything to or to buy anything from that solicitor;
Represent the issuance of any license under this chapter as an endorsement or recommendation of the solicitation;
Enter upon any premises when the same is posted with a sign stating "No Peddlers Allowed" or "No Solicitation Allowed" or other words to such effect;
Knowingly make any false statement on an application for a license hereunder;
Fraud, misrepresentation or false statement made in the course of carrying on the business. (Ord. 707 §10, 1990).
6.02.120 Location restrictions
No licensee hereunder shall have any exclusive right to any location in a public street, nor shall he be permitted to operate in any congested area where his operations might impede
or inconvenience the public. For the purpose of this chapter, the judgment of a police officer,
exercised in good faith, shall be deemed conclusive as to whether the area is congested or the public impeded or inconvenienced. No business activity shall be carried on in any area
of the city by any licensee who is licensed pursuant to this chapter, where such business activity is prohibited by the city zoning code. (Ord. 707 §9, 1990).
6.02.130 Enforcement
It shall be the duty of any police officer of the city to enforce this chapter. The chief of police shall report to the city clerk all violations of this chapter. (Ord. 707 §11, 1990).
6.02.140 Violation – Penalty
Any person, business, firm, company or corporation who shall violate any of the provisions of this chapter shall be guilty of a misdemeanor and upon conviction shall be punished by a
fine not to exceed three hundred dollars, or by imprisonment in the county jail for a period not to exceed thirty days or both such fine and imprisonment. Each day or violation continued
shall be separate offenses, punishable as hereinabove described. (Ord. 707 §14, 1990).
NOTE: All Rexburg City Ordinance Misdemeanor violation penalties are hereby amended to be Infraction penalties for the City of Rexburg. (Ordinance 1164 §1, 2017).
CHAPTER 6.03 BEER AND WINE SALES*
*Note to Chapter 6.03: For statutory provisions requiring a municipal license as a condition precedent to the retail sale of beer within a city, see Idaho Code §§23-1009 and 23-1016.
For provisions covering beer generally, see Idaho Code Ch. 23-10. For statutory provisions requiring persons licensed to sell beer to close between one a.m. and six a.m. every day,
see Idaho Code §23-1012. For statutory provisions concerning the sale of beer to minors or the procurement of beer for minors, see Idaho Code §§23-1013 and 23-1023 et seq.
6.03.010 Definitions
As used in this chapter, the words "beer," “wine”, "person" and "retailer," and other words used in connection with the subject matter of this chapter, shall have the same meanings as
are given such words in the laws of Idaho relating to Laws of this state (Idaho Code Ch. 23-10) and amendments thereof; and the words “draft beer" as used in this chapter shall mean
and include any and all beer drawn or poured from the container thereof by the vendor, or with his consent, for consumption of same on the premises when sold; and the words "council"
and "city council" as used in this chapter shall mean the city council of the city of Rexburg. (Ord. 1128 §1, 2015).
6.03.020 License requirements
It is unlawful for any person as a retailer to sell, deliver, distribute or otherwise furnish or dispose of or offer for sale, or keep or have in his possession for sale, delivery or
other disposition, any wine or beer, within the limits of the City of Rexburg, except for his own consumption or the consumption of his family or guests, without first paying the tax
and obtaining the license provided for in this chapter. (Ord. 1128 §2, 2015).
6.03.030 Issuance conditions generally – County license prerequisite
No license shall be issued to any applicant to engage in the sale of wine or beer as a retailer within the said City of Rexburg until the tax has been paid, and the application of such
applicant shall have been approved by the city council, and an order entered on the journal of the proceedings of the council directing the issuance of such license; and before ordering
the issuance of any license under the provisions of this chapter the city council shall examine into the character and reputation of the applicant and of the place where he proposes
to engage in business as a retailer; and the city council may refuse to grant a license to any person who, in their judgment, may not be a fit or proper person to conduct the business
of selling wine or beer at retail in the city; or, if the place where the applicant proposes to carry on such business is not a suitable or orderly place.
Also, no license shall be issued to any person to engage in business in the city as a retailer of wine or beer unless such person shall have first obtained a county license from the
Board of County Commissioners of Madison County, as provided by the laws of the State of Idaho. (Ord.1128 § 4, 2015).
6.03.040 Issuance prohibited to nonresidents
No license shall be issued to any corporation to sell wine or beer within the city which does not have a regularly established place of business in said city. (Ord. 1128 § 10, 2015).
6.03.050 Issuance prohibited to premises lacking direct access to public street
No license shall be granted to sell wine or beer at retail within the City of Rexburg in any room or rooms in any second or third story of any building or in any basement room or cellar,
or in any room or rooms not in the first story or upon the ground floor of any building; and no wine or beer shall be sold in any room or place which does not have a direct and immediate
entrance from a public street. (Ord. 1128 § 7, 2015).
6.03.060 Issuance prohibited to premises in certain locations
No license shall be issued to any person to sell or distribute draught beer, or bottled or canned beer to be consumed on the premises where sold or delivered, in any residential district
or section of said city chiefly occupied by residences. Such licenses may be issued to retailers to sell or deliver such beer, in retail trade, only in that part of said city, hereinafter
described and designated the business section. No license shall be issued to any retailer to sell or deliver draught beer, or bottled or canned beer to be consumed on the premises
where sold, at or in any place or room within the distance of two hundred feet from the county court house, or the Rexburg city building, or any public library, schoolhouse, room or
place in which any kind of instruction or training is given to classes of children of legal school age (as defined by the laws of Idaho), or place provided for high school or college
students to assemble for receiving instruction or training of any kind, or any school or college dormitory; or within two hundred feet of any church, or church building, or any public
park or playground, or any public campground, or premises where any camp cabins or cottages for housing or accommodation of tourists or travelers are maintained. (Ord. 1128 §13, 2015).
6.03.070 Issuance prohibited to food stores or general merchandise businesses – Exceptions
It shall be unlawful to permit wine or beer sold in any place of business to be consumed at any grocery store or place where groceries or foods are sold to the general public, or at
any general merchandise store. (Ord. 1128 § 11, 2015).
6.03.080 Application – Information required
Any person desiring to engage in the business of sale, barter, trade, delivery or disposition of wine or beer as a retailer within the limits of the City of Rexburg shall, before doing
so, make application to the city council for a license and pay the fee herein provided to be paid in such cases. Such application shall be in writing and shall state the name, age and
sex of the applicant, the business in which he is engaged, whether an individual, firm, co-partnership or corporation, or other association of persons, and the street number or brief
description and location of the place where wine or beer is to be sold or kept for sale by such applicant. (Ord. 1128 §3, 2015).
6.03.090 Application – Fees
Every applicant for a license under the provisions of this ordinance shall deposit with the City Clerk for the uses and purposes of the City of Rexburg at the time of filing of his application,
the amount in lawful money of the United States, herein required for the kind of license applied for, for the current licensing year. If such application is filed between the first
(1st) day of October and the thirty first (31st) day of March, there shall be so deposited the fee for the full year, and if filed between the first (1st) day of April and the thirtieth
(30th) day of September, one-half of the yearly fee. All licenses shall expire on the 30th day of September of the licensing year. The license fee to be paid and collected for the respective
kinds of licenses hereby authorized, shall be the following:
Where the applicant applies for a. license to sell as a retailer, only bottled or canned beer and wine, none of which is consumed, or to be consumed, on the premises where sold, the
license fee shall be $50.00 per year until such fee is amended by resolution of the Council.
Where the applicant applies for a license to sell beer or wine as a retailer for consumption on premises:
Draft beer and bottled or canned beer only, the amount of the license fee shall be $200.00 per year, or if
Bottled, boxed or canned wine only, the amount of the license fee shall be $200.00 per year.
Otherwise, the fee shall be as set forth and amended from time to time by Resolution of the Council. (Ord. 1128, §16, 2015).
6.03.100 Licensing year
Every applicant for a license under the provisions of this ordinance shall deposit with the City Clerk for the uses and purposes of the City of Rexburg at the time of filing of his
application, the amount in lawful money of the United States, herein required for the kind of license applied for, for the current licensing year. If such application is filed between
the first (1st) day of October and the thirty first (31st) day of March, there shall be so deposited the fee for the full year, and if filed between the first (1st) day of April and
the thirtieth (30th) day of September, one-half of the yearly fee. All licenses shall expire on the 30th day of September of the licensing year. The license fee to be paid and collected
for the respective kinds of licenses hereby authorized, shall be the following:
(Ord. 942, §2(part), 2005).
6.03.110 Posting of license required – Transfer prohibited
Every license issued pursuant to the provisions of this chapter shall be kept posted at all times at the place of business of the licensee named therein, where wine or beer is sold or
offered for sale; and such license shall not be transferable and shall not authorize the licensee or any person to sell wine or beer at any place within the City of Rexburg, except
the place mentioned and described in the application for such license. Any attempt to transfer such license, or any sale or offering for sale of wine or beer at any place other than
that mentioned and described in such application, shall be a violation of the provisions of this chapter. (Ord. 1128 §5, 2015).
6.03.120 Denial or revocation of license authorization
The city council reserves the right and power to deny, for cause, any application for a license to sell wine or beer at retail within the City of Rexburg, and the power to revoke any
license issued under the provisions of this chapter, if the holder of such license shall be convicted of a violation of any of the provisions of this chapter or of any law of the State
of Idaho relating to the retail sale of wine or beer. (Ord. 1128 §12, 2015).
6.03.130 Employees – Health certificate requirements
Every person employed to sell wine or beer at retail within the City of Rexburg shall, before selling or dispensing any wine or draft beer, submit to the examination and test required
by the health regulations of the State of Idaho, and obtain a valid health certificate as provided in Chapter 12 of Title 38 of the Idaho Code Annotated. (Ord. 1128 §8, 2015).
6.03.140 Premises to be sanitary and orderly
Every place where wine or beer is sold within the City of Rexburg shall be maintained in a sanitary and orderly condition and the same shall be open at all times to inspection by the
police officers of the City of Rexburg, or any officers of Madison County, or of the State of Idaho, or of the United States. (Ord. 1128 § 6, 2015).
6.03.150 Hours when sales prohibited
All places where wine or draft beer is sold at retail shall discontinue the sale of beer and wine each day at 2:00 a.m. until 6:00 a.m. in the morning of the day following. (Ord. 1128
§13, 2015).
6.03.160 Violation – Penalty
Any violations of the provisions of this chapter shall be a misdemeanor, and any person convicted of a violation of any of the provisions hereof shall be punished in accordance with
then existing misdemeanor provisions. If any retailer to whom a license has been issued pursuant to the provisions of this chapter shall be convicted of any violation of the provisions
hereof, or of any law of the State of Idaho, relating to the sale of retail sale of wine or beer, the license of such retailer may be revoked or suspended for such time as the council
and Mayor may determine by order of the council, and after revocation such retailer shall not be eligible to receive a license to sell wine or beer in the City of Rexburg for a period
of at least one year after the date of such revocation. (Ord. 1128 § 14, 2015).
NOTE: All Rexburg City Ordinance Misdemeanor violation penalties are hereby amended to be Infraction penalties for the City of Rexburg. (Ordinance 1164 §1, 2017).
6.03.170 Beer and the addition of wine licenses
The City Council recognizes that the State of Idaho requires every Community to offer Wine Licenses to separate those sales from beer sales. Now therefore be it resolved that the City
Council of the City of Rexburg approves the addition of Wine Licenses in addition to the traditional Beer Licenses for beer and wine retail sales in the City of Rexburg; and
be it further resolved, that the annual expiration of said Wine and Beer Licenses will expire on the same date of September 30, each year to coincide with the State of Idaho and Madison
County’s expiration dates; and be it further resolved, that Wine Licenses and Beer Licenses will be regulated under the same City Ordinances. (Res. 2004 – 24 Wine License)
CHAPTER 6.04 APARTMENTS
6.04.010 Definitions
The following words and phrases, when used in this chapter, shall have the following meanings respectively ascribed to them in this section.
“Apartment”, "Apartment house" or “residential rental unit” means a dwelling unit or suite of rooms that are designed to be occupied for living purposes, rented on a monthly or longer
basis.
City" means the city of Rexburg, Madison County, state of Idaho.
"Employee," for the purposes of this chapter, means any person employed by a Business including active owners, managers, active partners and agents, also including sales persons and
all persons engaged in or associated directly with the management and operation of the property concerned. The intention is to include as "employees" all persons hired by, or working
for the property involved, and to include owners and proprietors within the designation. In case of part -time employees, the number of full -time equivalent employees will be determined
by dividing the total number of hours worked by all part -time employees by two thousand eighty.
"Hotel," "motel," "roominghouse," or "lodginghouse" means any building or buildings containing guest rooms intended to be rented or hired out for sleeping purposes for periods less than
thirty (30) consecutive days.
Mayor" means the mayor of the city.
"Nonprofit organization" means any religious, charitable, social, educational, or civic group which does not distribute profits or dividends to the members thereof and where profit is
not their object.
"Office" means a room or building in which a person transacts his business or carries on his stated occupation.
"Person" means a corporation, partnership, company, association, or society as well as a natural person and the agents and representatives thereof.
“Residential Rental” means a dwelling unit or suite of rooms that are designed to be occupied for living purpose, rented on a monthly or longer basis.
"Year," for general city business registration purposes, means a period of time of twelve months commencing each year on January 1st and ending the last day of December of the same year.
(Ord. 975 §2(part), 2007).
6.04.020 Residential rental – Registration required
For the protection and general welfare of the inhabitants of the city, every Residential Rental in excess of one rental unit per parcel operated within the city comes within the police
power of the city, and no person shall engage in the operation of a Residential Rental, Apartment House or Apartment without first registering unless exempt under this Ordinance or
exempted by state law. The charge for such registration shall be as fixed in Section 6.04.040 unless otherwise provided in this code. Money received from registration shall be used
to defray the expense of issuing the registration and the physical facilities review, regulation and control of Residential Rental, Apartment House or Apartment within the city. This
registration requirement is intended to apply to all entities operating a Residential Rental, Apartment House or Apartment within the city unless the entity is otherwise expressly excluded
in this chapter from this requirement. (Ord. 975 §2(RR03.010), 2007).
6.04.030 Application – Issuance procedure
The city clerk shall be charged with the collection of all Residential Rental, Apartment House or Apartment registration fees required by the city. The city clerk shall provide an application
form in substantially the same format as addendum “A” to this Ordinance for the purpose of facilitating registration. As directed by the city clerk, each applicant for registration
shall file with the city clerk an application in writing on the form provided for such registration application. (Ord. 975 §2(RR03.020), 2007).
6.04.040 Fee – Schedule
The schedule of fees for registration of a Residential Rental, Apartment House or Apartment shall be set forth in the Business Registration Fee Schedule, and may be amended from
time to time by Resolution of the Rexburg City Council in accordance with applicable State laws. (Ord. 975 §2(RR03.030), 2007).
6.04.050 Fees – Refund
If an application for a registration is denied, the fee that accompanied the application shall be returned to the applicant in its entirety except for fees associated with inspection
in aid of granting or rejecting the registration. (Ord. 975 §2(RR03.040), 2007).
6.04.060 Term – Proration
All business registrations shall be annual, unless otherwise specified. All applicants for registration shall pay the annual fee irrespective of the point in the year at which the registration
is sought. (Ord. 975 §2(RR03.050), 2007).
6.04.070 Separate Registration Required
A registration shall be obtained for each individually identifiable location, irrespective of ownership. (Ord. 975 §2(RR03.060), 2007).
6.04.080 Business – Change of ownership
Whenever a Residential Rental, Apartment House or Apartment changes ownership, the new owner shall report such change to the city clerk so that the registration may be transferred. (Ord.
975 §2(RR03.070), 2007).
6.04.090 Interpretation of provisions – Unlawful business
The registration provisions of this chapter shall not be construed to grant permission to carry on or conduct any unlawful business, or to operate any Residential Rental, Apartment House
or Apartment in an unlawful manner, or to grant immunity to any entity from lawful regulation and control, or to authorize the violation of any zoning ordinance, regulation, or restriction.
(Ord. 975 §2(RR03.080), 2007).
6.04.100 Right to refuse or revoke registration
Whenever the council deems it in the public interest, it may, by resolution adopted by a majority vote of the members of the council and approved by the mayor, refuse to authorize the
issuance of any registration provided for in this chapter, the council may also, upon a majority vote of members of the council and approved by the mayor, revoke any registration issued
under this chapter if deemed in the public interest to do so. (Ord. 975 §2(RR03.090), 2007).
6.04.110 Parking space management.
Each Residential Rental, Apartment House or Apartment must inventory all approved parking spaces, and issue contractual obligations relative to all such parking spaces. No agreements
for tenancy shall be executed on behalf of the owner, operator or their agents, relative to a Residential Rental, Apartment House or Apartment without affirmatively designating whether
the same has a parking space available. (Ord. 975 §2(RR04.010), 2007).
6.04.120 Parking space restrictions
All designation of available parking as referenced in Section 6.04.110 above must have an approved parking space associated with the designation such that if all designated tenants were
to park a vehicle there would be adequate spaces. No allowance for absenteeism shall be allowed. For each agreement containing an affirmative designation of parking space, there must
be a space. (Ord. 975 §2(RR04.020), 2007).
6.04.130 Non-parking agreements
Any agreement for tenancy in a Residential Rental, Apartment House or Apartment which is not specifically designated as a “Parking Space” agreement, there must be an affirmative statement
notifying the parties to the agreement that there is no overnight, on site parking provided in connection with the agreement. (Ord. 975 §2(RR04.030), 2007).
6.04.140 Owner responsibility
Any owner, employer or other person in charge of a Residential Rental, Apartment House or Apartment, shall be responsible for insuring to the best of their ability that all provisions
of this Ordinance are complied with. (Ord. 975 §3, 2007).
6.04.150 Penalties
(A) Any person who violates a provision of this chapter shall be guilty of a misdemeanor, and shall be subject to fines or by imprisonment, or by both such fine and imprisonment consistent
with Idaho Code, Section 18-113, as amended.
(B) Upon a second conviction within a three year period, the person shall be guilty of a misdemeanor and punished pursuant to Idaho Code, Section 18-113, as amended, and be fined no
less than One Hundred Dollars ($100.00) in conjunction with any other sentence or costs deemed appropriate by the Court.
(C) Upon a third or greater conviction within a three year period, the person shall be guilty
of a misdemeanor and punished pursuant to Idaho Code, Section 18-113, as amended, and be fined no less than Two Hundred and Fifty Dollars ($250.00) in conjunction with any other sentence
or costs deemed appropriate by the Court. (Ord. 975 §4, 2007).
CHAPTER 6.05 PLUMBERS
6.05.010 Plumbing business – License required
Before any person, firm, partnership or corporation shall carry on or engage in the business of plumbing, such person, firm, partnership or corporation shall first procure a business
license and pay to the city department having jurisdiction the annual license fee imposed on such business. (Ord. 617 §1(A), 1980).
6.05.020 Certificate of competency required
No business license shall be issued to any person to engage in the business of plumbing unless such person possesses a valid plumbing journeyman's certificate of competency; provided,
however, that a business license may be issued to any person, firm, partnership or corporation who makes application for such license by or through a bona fide member or
authorized agent thereof, who possesses a valid plumbing journeyman's certificate of competency. (Ord. 617 §1(B), 1980).
6.05.030 Issuance through authorized agent
Whenever a business license has been issued to any person, firm, partnership or corporation who applied for such license, to engage in the business of plumbing by or through a bona fide
member or authorized agent thereof, pursuant to the provisions of Section 6.05.020; such member or authorized agent, or some other member or authorized agent or employee possessing
a valid plumbing journeyman's certificate of competency shall at all times be in actual charge and control of all plumbing done or to be done by such person, firm, partnership or corporation.
(Ord. 617 §1(C), 1980).
6.05.040 Sewer contractor licensing
Before any person, firm, partnership or corporation shall carry on, or engage in business as sewer contractor, such person, firm, partnership or corporation shall first procure a business
license and pay to the city the annual license fee imposed on such business. (Ord. 617 §1(D), 1980).
6.05.050 State certificate required – Examination
It is unlawful for any person, firm, copartner ship, association or corporation to engage in the business, trade, practice or work of plumbing in the city unless such person, or responsible
person representing such firm, copartner ship, association or corporation, has successfully passed an examination as provided by Chapter 27, Title 39, Idaho Code, The Plumbing Law of
the state of Idaho, and has issued to him a State Certificate of Competency, which shall not be transferable. (Ord. 617 §2(1), 1980).
6.05.060 Classifications of competency – Generally
There shall be three classifications of competency in the business, trade, practice or work of plumbing set out in Sections 6.05.070, 6.05.080 and 6.05.090. (Ord. 617 §2(2) (part), 1980).
6.05.070 Classifications – Plumbing contractor
A plumbing contractor shall be any person, or a member, representative or agent of a firm, copartner ship, association or corporation skilled in the planning and supervision of the construction,
installation, improvement, extension and alteration of plumbing systems, and who is familiar with the provisions of this chapter, the Uniform Plumbing Code of the International Association
of Plumbing and Mechanical Officials, and the Plumbing Law of the state of Idaho, Chapter 27, Title 39, Idaho Code, and who is competent to offer and to assume to work on a contract
basis and to direct the work of qualified employees. A contractor who in person does plumbing work shall also be qualified as a journeyman plumber, or have in his employ on all work
a qualified plumbing journeyman. (Ord. 617 §2(B) (1), 1980).
6.05.080 Classifications – Plumbing journeyman
A plumbing journeyman shall be any person who, as his principal occupation, is engaged in the installation, improvement, extension and alteration of plumbing systems, and who is familiar
with the provisions of this chapter, the Uniform Plumbing Code and the Plumbing
Law of the state of Idaho, and who works in the employ and under the direction of a plumbing contractor. (Ord. 617 §2(B) (2), 1980).
6.05.090 Classifications – Plumbing apprentice
A plumbing apprentice shall be any person who, as his principal occupation, is engaged in learning and assisting in installation, improvement, extension and alteration of plumbing systems.
Apprentices shall not perform plumbing work except under the supervision of a journeyman. (Ord. 617 §2(B) (3), 1980).
6.05.100 Violation – Penalty
Any person, firm or corporation violating any of the provisions of this chapter shall be deemed guilty of a misdemeanor and upon conviction thereof shall be punishable by a fine of not
to exceed three hundred dollars. Each separate day or any portion thereof during which any violation of this chapter occurs or continues shall be deemed to constitute a separate offense,
and upon conviction thereof shall be punishable as provided in this section. (Ord. 617 §3, 1980).
NOTE: All Rexburg City Ordinance Misdemeanor violation penalties are hereby amended to be Infraction penalties for the City of Rexburg. (Ordinance 1164 §1, 2017).
6.05.110 License required
Any individual or firm desiring to engage in the business of a plumbing contractor must first obtain a current plumbing contractor's license from the state of Idaho. (Ord. 686 §1, 1988).
6.05.120 Fees
From and after January 1, 1986, applicants for permits shall pay to the plumbing board fees established by the plumbing board by rule and regulations subject to the approval of the city
council. (Ord. 686 §2, 1988).
6.05.130 Liability not assumed by municipality
This chapter shall not be construed to relieve from or lessen the responsibility of any person owning, using or installing any plumbing or plumbing fixtures, for damages to anyone injured
or damages either in person or property by any defect therein; nor shall the city or any agent thereof be held as assuming such liability by reason of inspection authorized herein or
certificates of inspection issued by the administrative authority. (Ord. 686 §3, 1988).
6.05.140 Master plumber's license – Application
Any person desiring to secure a Rexburg master plumber's license shall file with the clerk his application therefore and shall deposit with the clerk a license fee set forth in Appendix
1. Every contractor, before securing a license as hereinafter provided, must post a certificate of insurance with the clerk showing that he is insured against property damage and liability
in an amount of not less than one hundred thousand dollars and bodily injury (including death) liability with limits of not less than twenty thousand dollars per person and three hundred
thousand dollars total for each occurrence. Such insurance shall be approved by the
city. The applicant must possess at the time the application is received a valid plumbing contractor's certificate of competency issued by the state of Idaho. (Ord. 686 §4, 1988).
6.05.150 Master plumber's license – Renewal
All Rexburg master plumbers’ licenses shall expire on December 31 of each year unless sooner revoked, and shall not be transferable. Licenses will be renewed only after the applicant
has complied with Section 6.20.040 above and has paid the city clerk a renewal fee set forth in Appendix 1. (Ord. 686 §5, 1988).
6.05.160 Journeyman plumber's license – Application
Any journeyman desiring to secure a journeyman Rexburg plumber's license shall file with the clerk his application therefore and shall deposit with said clerk a license fee set forth
in Appendix 1. Said application shall contain the name, age and place of residence of the person desiring to secure such license. Applicant must possess at the time application is
received, a valid journeyman plumber's certificate of competency issued by the state of Idaho. (Ord. 686 §6, 1988).
6.05.170 Journeyman plumber's license – Renewal
All Rexburg journeyman plumbers’ licenses shall expire on December 31st of each year unless sooner revoked and shall not be transferable. Licenses will be renewed only after the applicant
has compiled with Section 6.05.160 above and has paid the city clerk a renewal fee set forth in Appendix 1. (Ord. 686 §7, 1988).
6.05.180 Apprentice registration and work supervision
An apprentice must register with the city clerk and pay an annual registration fee set forth in Appendix 1. Any registration expires on December 31st. The fee for renewal of registration
set forth in Appendix 1. (Ord. 686 §8, 1988).
CHAPTER 6.06 MOBILE HOMES
6.06.010 Business license and fee requirements
No person shall construct, maintain, operate or alter any mobile home park unless he holds valid license issued annually, in the name of such person for the specific mobile home park.
All applications for license upon compliance by the applicant with provisions of the chapter and of any regulations adopted pursuant thereof, and the payment of a business license fee.
Said fee shall be determined as follows:
$2.00 per space for the first twenty (20) spaces.
$1.00 per space in excess of twenty. (Ord. 548 §6(A), 1974).
6.06.020 Licensing existing Mobile Home Parks
An application for a license to operate an existing mobile home park shall be filed with the City Clerk. Upon receipt of the application the building inspector or his representative
shall make an inspection of the mobile home park.
A regular license shall be issued after payment of the appropriate fee is provided in the preceding Section 6.06.010. If the examination reveals that the conditions and facilities of
the park meet the standards herein set forth.
A conditional license shall be issued if the examination of the park reveals any condition or facilities which do not meet the standards provided for in Section 6.06.030. The owner
of such an existing park shall have to meet the required standards within a reasonable period of time set by the Building Inspector. At the end of such period the Building Inspector
shall reinspect the park and if the requirements have been met, will issue a business license as provided in Section 6.06.010. If the required standards have not been met the conditional
license shall be suspended according to the procedures set forth in Section 6.06.070.
Existing mobile home parks developed to standards lower than established by this chapter shall not be reconstructed or enlarged to standards lower than the standards existing on the
effective date of this ordinance. (Ord. 548 §6(B), 1974).
6.06.030 Improvement requirements to obtain a business license
Before a business license can be issued to any existing mobile home parks, the following improvements have to be met:
Sewers - Existing sewer lines within the park which do not meet the minimum requirements of this chapter may remain in use so long as they function properly and the park conforms to
the City and State regulations governing sewage and water. Any replacement of the sewers facilities shall conform to the requirements of new mobile home parks.
Water Supply - An existing water supply system which does not meet minimum requirements of this chapter with respect to general availability, etc., may remain in use so long as it continues
to function properly and the park conforms to the City and State regulations governing water supply. Any replacement of water supply facilities shall conform to the requirements for
new mobile home parks.
Lighting and Wiring - The electrical and lighting system shall be made to conform to existing electrical codes.
Service buildings - Service building shall be made to conform to the standards for new mobile home parks by May 1, 1976.
Improvement Requirements - Surfacing for access ways, walkways, patios, and stands will be made to conform to the following standards by May 1, 1976.
For more information about the Improvement Requirements please see Ord. 548 §6(C), 1974
Outside Storage - All outside storage in mobile home space shall be in an enclosed building as required for new mobile home parks or fenced storage areas.
Plot Plan Required for Existing Mobile Home Parks - The owner or operator of a mobile home park existing at the time of passage of this ordinance shall file with the Building Inspector,
plot plans of this park in accordance with Section 5 (A) of Ordinance 548. (Ord. 548 §6(C), 1974).
6.06.040 Penalty of delinquency – new or renewal license fee
Any person failing to pay the business license fee before engaging in the mobile home park business shall pay a penalty of twenty per cent (20%) or the business license fee in addition
to the fee provided in Section 6.06.010. (Ord. 548 §6(D), 1974).
NOTE: All Rexburg City Ordinance Misdemeanor violation penalties are hereby amended to be Infraction penalties for the City of Rexburg. (Ordinance 1164 §1, 2017).
6.06.050 Transfer of license
If a transfer of license for mobile home park under these provisions is desired, a written application for transfer shall be filed with the City Clerk, accompanied by a fee of ten dollars
($10.00). Such application shall be made within twenty-four (24) hours after any change in ownership, interest or control of any mobile home park. The application shall contain the
name and address of the present licensee, the applicant, the location of the park. Before the transfer of the license so approved, the application shall be signed by the Building Inspector
certifying that the mobile home park conforms to all regulations governing mobile home parks. Upon receipt of approval, the City Clerk shall issue a new license to be valid until the
first day of the following January.
If the application for transfer is disapproved, the City Clerk shall set forth in writing the reasons therefore and state the action necessary to receive approval. The applicant may
appeal the ruling to the City Council by filing a written notice of appeal with the City Clerk. (Ord. 548 §6(E), 1974).
6.06.060 Display of license
Any required mobile home park license shall be displayed in a conspicuous place on the mobile home park premises. (Ord. 548 §6(F), 1974).
6.06.070 Revocation of license
For additional information on this section please see Ord. 548 §6(G), 1974.
CHAPTER 6.07 COIN OPERATED DEVICES
6.07.010 Definitions
For the purpose of this ordinance, the following definitions shall apply in the interpretation of the provisions of this ordinance;
Coin operated machine or amusement device is a machine or mechanical device into which money be inserted and piece of money, or other object and from which as a result of such insertion
and application on physical or mechanical force, may issue wholly upon and chance or uncertain or contingent event, any piece or pieces of money, or any check memorandum, or any other
tangible evidence by any person whatsoever; which device is defined as and hereby declared to be a gaming but not a lottery.
For the purpose of this act any machine having multiple slots, or combinations, for coins of like or different denominations, that can be operated by the insertion, in separate slots,
of like or different denominations each such slot shall be deemed a separate machine and device and shall be required to pay the license fee hereinafter prescribed for each device.
The word person included an individual person, partnership, corporation, or association. (Ord. 360 §1, 1947).
6.07.020 License required
It shall be unlawful for any person, firm or corporation or association to possess, lease, rent, license, or permit the use of or control place, maintain, or to permit the operation
of , upon any premises or at any place location or building in the City of Rexburg, any coin operated amusement device, unless and until such coin operated amusement device shall be
licensed by the City of Rexburg, Idaho, as hereinafter provided; and it shall be unlawful to permit any person under the operation of such device in any public place where persons under
twenty years of age would have access thereto. (Ord. 360 §2, 1947).
6.07.030 Application for license
Before any such coin operated amusement device may be operated within the City, an application for a license for each such device or devices, shall be filed with the City Clerk of the
City of Rexburg, Idaho, on an application form provided by the city. Said application form shall provide, among other things, the following information;
The name of the applicant; the name of the place and the location where it is proposed such coin operated device is, or devices are, to be operated; the number of such devices and the
make, serial number, type, and coin denomination of each machine desired to be operated by the applicant at such location; such application shall be signed and verified by the applicant,
or if the application or association, then by an officer of the such corporation or association. (Ord. 360 §3, 1947).
Such application, accompanied by the necessary license fees, shall be filed with the City Clerk, and be presented to the City Council at any regular or Special meeting of the City Council
for approval or disapproval. If the City Council determine that said application fully complies with all the provisions of said chapter 151 of the 1947 session laws of the State of
Idaho and this ordinance, it shall approve said application and authorize the clerk to issue a license for each such machine so approved as hereinafter provided. In the event such
application be disapproved, the tendered license fee shall be returned to the applicant. (Ord. 360 §5, 1947).
6.07.040 License fees
The license fee required for obtaining a license stamp for each of said coin operation devices for the calendar year shall be as follows:
$750.00 per calendar year for each machine played or operated with Nichol or dimes;
$850.00 per calendar year for each machine played or operated with quarter dollars;
$1,000.00 per calendar year for each machine played or operated with half dollars or dollars;
In case any device may be operated with money of more than one denomination, the license fee required for such device shall be double the amount of the license fee required for a device
operated with money of only one denomination, computed on the basis of the highest denomination with which the said device will operate.
Said license fee will be prorated as beginning with the actual month of issue for the remainder of the calendar year and in computing the license fee, the month in which the license
is issued shall be included.
Of the license fee so collected on each such devices $125.00 thereof for the calendar year, or the pro rate share thereof if issued for less than a full calendar year shall be collected
for Madison County: and $125.00 thereof , or the pro rata portion thereof, if issued for less than a calendar year, shall be collected for the State of Idaho; and the balance of said
license fee shall be deposited in the general Fund of the City. Provided further that the money so collected by the City for the State of Idaho and for the County of Madison quarter
annually on April 1st. July 1st, October 1st, and January 1st of each year. (Ord. 360 §4, 1947).
6.07.050 Issuance of license
The license issued under this ordinance shall be in the form of a license stamp, and a separate license must be issued to for each coin operated amusement device. The licensee, immediately
upon assurance thereof, shall securely affix the said stamp to the coin operated amusement device in a conspicuous place, and cancel the same by cutting it crisscross with a sharp knife
or instrument. (Ord. 360 §7, 1947).
6.07.060 Premises
No coin operated amusement device may be operated on any premises except those owned or leased by the license. No person other than the licensee may have any legal, equitable, or financial
right, title or interest in such device, whether by ownership or, mortgage, conditional sales, contract, or otherwise, nor receive any rental or remuneration therefrom the operation
thereof. (Ord. 360 §6, 1947).
6.07.070 Substitute licenses
No license stamp shall be used on any device other than the one for which said license stamp is issued; provided however, the City Council may authorize the issuance of a substitute
license upon presentation to the City Council of a duly verified application, on
a form to be provided by said city, showing such device to have become wholly or in part, worn out, accidentally broken, stolen, or accidentally destroyed to such an extent that it is
rendered useless, the substitute license shall bear the same license number as the one originally issued and shall be designated a substitute license and the same shall have thereon
the name of the owner, location, type and serial number of the device for which the substitute license is issued, such substitute license shall be affixed to the device for which it
is issued, and to be canceled in all respects as required by law for an original license. The original license shall then be void and shall be destroyed by the licensee, if possible.
The City Council may authorize the transfer of a licensed device, with the license stamp attached, from one owner thereof to another person of from one location to another location on
application by the licensee, or his transferee, on a form to be provided by the city. Upon approval by the City Council, a permit for said transfer shall be issued by the City Clerk,
which permit shall bear the same number as the license stamp issued for said device and the number of the transferee. Said permit shall be affixed to the device transferred and shall
be canceled in the same manner as the license stamp originally issued shall remain on said device so transferred.
A fee of $5.00 shall be collected by the City Clerk for each substitute license or permit, and the same shall be placed in the General fund of said City. (Ord. 360 §8, 1947).
6.07.080 Revocation and cancellation of licenses
If any licensee of a coin operated amusement device violates any of the provisions of this ordinance or any of the provisions of said chapter 151 of the 1947 Session Laws of the State
of Idaho, the City Council is hereby authorized to and empowered to revoke all licenses to operate such devices issued to said licensee; provided, however, that in the event it is brought
to the attention of the City Council that such violations have taken place then, before revoking such licenses, the City council shall cause a notice in writing to be served upon such
licensee setting forth in general terms the violations claimed to exist or to have existed, and such notice shall provide a time for hearing thereon before the City Council, which date
of hearing shall provide a time for hearing thereon before the City Council, which date of hearing shall not be less than tem (10) days nor more than twenty (20) days from the date
of service of said notice, and upon or following said hearing, the City Council, upon finding that the provisions of this ordinance or the provisions of the State law, said chapter
151 of the 1947 Sessions Laws of the State of Idaho, have been violated by such licensee, such license or licenses shall be revoked, and no refund of any unused portion of the license
fee paid shall be made to the licensee. And the granting to him of another license shall be in the discretion of the Council. (Ord. 360 §9, 1947).
6.07.090 Hours when use prohibited
It shall be unlawful for any person within the corporate limits of the City of Rexburg to operate of play any coin operated amusement device, and for any owner of persons in charge thereof,
to permit the operation or playing of any coin operated amusement device between the hours of 1:00 o’clock a.m. Sunday and 7:00 o’clock a.m. Monday in any week. And all coin operated
amusements devices shall be covered and kept covered during said hours. (Ord. 360 §10, 1947).
6.07.100 Violation – Penalty
Any violation of the provisions of §6.07.010-§6.07.100, the penalty for which is not provided for by said chapter 151 of the 1947 Session Laws of the State of Idaho, shall be unlawful,
and any person so violating such provisions shall be guilty of a criminal offense, and upon conviction thereof shall be fined not to exceed $100.00, and upon failure to pay such fine
is paid in full, or for confinement in the City jail not more than thirty days, or by both fine and imprisonment, in the discretion of the Court. (Ord. 360 §11(part), 1947).
NOTE: All Rexburg City Ordinance Misdemeanor violation penalties are hereby amended to be Infraction penalties for the City of Rexburg. (Ordinance 1164 §1, 2017).
CHAPTER 6.08 PAWNBROKERS AND SECONDHAND STORES
6.08.010 Definitions
As used in this article:
Garage sale: means a sale of new or used personal property, not more than three consecutive days in duration and conducted not more frequently than once every six months at the same
location.
Pawnbrokers: means persons who engage in the business of lending or advancing money on the security of personal property pledged or deposited in their possession.
Precious metals: means gold, silver, platinum and other alloys.
Secondhand goods: means articles of personal property, other than operable motor vehicles, previously possessed and used by a person other than their current possessor.
Secondhand precious metals dealer: means 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.
For information about exceptions please see (Ord. 732 §1(1)--(6), 1992).
6.08.020 License requirements
No person shall engage in the business of a pawnbroker, secondhand storekeeper or secondhand precious metals dealer without first obtaining a license issued by the city. (Ord. 732 §1(7),
1992).
6.08.021 Pawnbroker License Required
1) The transactions set out herein are hereby declared to constitute the carrying out of a pawnbroker business. It is unlawful for any person to own/operate any such business or carry
on any of the following business transactions without having first obtained a pawnbroker's license to do so:
For more information about this section please see Ord. 1053, 2010
2) A sign or advertisement indicating that a person or place of business is engaged in any of the above types of transactions shall be considered prima facie evidence that the operation
constitutes a pawnbroker business, regardless of any business name or term or phrase by which the business may be described. (Ord. 1053, 2010).
6.08.030Application
Applications for pawnbrokers, secondhand storekeepers and secondhand precious metals dealers’ licenses shall 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 and/or materials to be purchased,
sold, exchanged or traded. The relevant license fee shall accompany the application. (Ord. 732 §1(8), 1992).
6.08.040 Approval and issuance conditions
Applications for licenses required under this article shall be forwarded by the city clerk to the city council for its review and approval or denial. The city council shall have authority
to approve or deny issuance of licenses required by this article. Upon approval of an application, the city clerk shall issue the license. If a license application is denied by the
city council, the license fee shall be refunded to the applicant. (Ord. 732 §1(9), 1992).
6.08.050 License fees
Fees for licenses issued under this article shall be as set forth in the city's business license ordinance. These fees are set forth in here. (Ord. 732 §1(10), 1992).
6.08.051 License fee
The license fee for a pawnbroker as defined herein shall be fifty dollars ($50.00) per year or fraction thereof. (Ord. 1053, 2010)
6.08.052 Single act constitutes pawnbroker business
The doing of any single act enumerated in section 6.08.021 of this chapter shall constitute the carrying on of a pawnbroker's business within the meaning of this chapter. (Ord. 1053,
2010)
6.08.060 Records to be kept – Contents
All pawnbrokers, secondhand storekeepers and secondhand precious metals dealers shall keep the following written records:
An accurate description of all precious metals and personal property purchased, acquired or received. The description shall include the make, model, model number, serial number and other
identifying marks, numbers or features of such personal property;
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 at storekeeper's
place of business;
The date and place of the purchase, acquisition or reception;
Any other records required to be kept under Idaho law. (Ord. 732 §1(11), 1992).
6.08.061 Accurate records; transaction details required
1) It shall be the duty of every pawnbroker doing business in the city to maintain in his place of business a permanent electronic record, through software compatible with the city's
law enforcement record system, of all parties entering into transactions regulated by this chapter and a complete description of the transactions. The pawnbroker shall be responsible
for ensuring that each person entering into a transaction provides a current driver's license or other identification card issued by any state, federal, or local government which includes
a photograph in order to verify the person's identity. The information to be transmitted shall include:
For details on what the transmitted information includes please see Ord. 1053, 2010
2) Every transaction shall be evidenced by a written document, signed by the person entering into the transaction, and a copy shall be furnished to the pledger. The document must contain,
at a minimum, the date of the transaction, the term of the loan, the date on which the loan is due and payable, and information that the pledger has the right to redeem the pledge within
ten (10) days after the expiration of the loan term. The signed original must be retained on file at the pawnbroker's business address for at least one year.
3) All paper and computer records of property received and transactions made shall be open to, and made available for, inspection by the city's law enforcement personnel during the
pawnbroker's normal business hours. (Ord. 1053, 2010)
6.08.062 Transmittal of daily reports required
Every pawnbroker doing business in the city shall maintain in his place of business a complete paper and electronic record as described in this chapter of all transactions conducted
either by him/herself or by his employees or other staff. A record of each day's transactions shall be transmitted by five o'clock (5:00 p.m.) the following business day to the Rexburg
police department via electronic transfer or through such other method as approved by the chief of police. (Ord 1053, 2010)
6.08.070 Records – Open for inspection
All records required to be kept under this article shall be made available for inspection by designated police officers appointed by the chief of police of the city during normal business
hours. No pawnbroker, secondhand precious metals dealer or secondhand storekeeper or any of their agents or employees shall refuse to permit any designated police officer of the city
to inspect or copy such records. A clear and readable copy shall be furnished to the police. (Ord. 732 §1(12), 1992).
6.08.080 Records – Retention – Time
All records required to be kept under this article shall be kept for not less than three years. (Ord. 732 §1(13), 1992).
6.08.090 Property holding period before resale
No person licensed under this article shall sell, trade, rent or otherwise dispose of any property acquired for the purpose of resale or other conveyance for a period of five days from
the date of receiving the property. (Ord. 732 §1(14), 1992).
6.08.091 Retention of Property
A pawnbroker must retain any property received in pledge until thirty (30) days after the term of the original loan has expired. Provided, however, that gold, silver, and other precious
metals not in the form of jewelry may be disposed of as soon as the term of the loan has expired.
(Ord 1053, 2010)
6.08.100 Compliance with the law
Persons licensed under this article shall conduct their businesses in compliance with all applicable federal, state and city laws, ordinances and regulations. (Ord. 732 §1(15), 1992).
6.08.101 Stolen property; Notification; Holding period
If a pawnbroker has reasonable cause to believe that any property received in the course of his business is property that may have been lost or stolen, the pawnbroker shall immediately
report that fact in writing to the Rexburg police department, together with the name of the owner, if known, the date of the transaction, and the name of the party from whom the property
was received. The Rexburg police department shall regularly review the records provided by pawnbrokers and provide notice to any pawnbroker whose records show property which appears
to be stolen.
1) Notice To Hold Property: If a pawnbroker receives written or verbal notification from the Rexburg police department that any item of property has been reported stolen, and the pawnbroker
has such item in his possession, the pawnbroker shall hold that property separate, intact and safe from alteration, damage, or commingling with other property, and shall place an identifying
tag or other clearly legible identification on the property.
2) Preliminary Verbal Notice; Ten Day Hold: Following receipt of verbal notification by a member of the Rexburg police department that an item in his possession might be stolen property,
the pawnbroker shall hold the property for a period of ten (10) working days, pending written confirmation from the police department. If a written hold notice is not received within
the said ten (10) days, the preliminary hold order shall expire and the pawnbroker shall have no further duty to hold the property.
3) Written Notice; Sixty Day Hold: Following receipt of a written notice that an item of property has been stolen, the pawnbroker shall hold the property for sixty (60) days from the
date of notification of the stolen status, unless earlier released in writing by the Rexburg police department or by written order of a court of competent jurisdiction. Provided, however,
that the item must be surrendered promptly to said police department upon its request. Ten (10) days prior to the expiration of the sixty (60) day
holding period, the pawnbroker shall send a written notice to the police department of the impending release date to request approval for release. If the pawnbroker fails to provide
the notice, the property shall be held for an additional sixty (60) day period. The Rexburg police department shall respond promptly to the request, in writing, either to state that
no further hold is required, or to require an additional holding period. (Ord. 1053, 2010)
6.08.102 Release of held property
1) The police department shall provide written notice as soon as practical to a pawnbroker to release any hold placed on an item suspected of being stolen if it has been determined
that the item was not stolen or lost.
2) Whenever property that is being held by a pawnbroker pursuant to the provisions above is required for criminal investigation or criminal proceedings, the Rexburg police department
shall provide twenty four (24) hour notice to the pawnbroker who shall produce the property promptly and release it to the department. The Rexburg police department shall provide a
receipt for the property containing a description of the property, the reason for the seizure, the criminal case number, if applicable, the name of the pawnbroker and the name of the
representative of the police department who accepted possession. The police department shall retain the property pending an order for its disposition from a court of competent jurisdiction.
(Ord. 1053, 2010)
6.08.110 Prohibited purchases
No person licensed under this article shall purchase, acquire, accept or receive in the ordinary course of business and for the purpose of resale or other conveyance any precious metals
or personal property from any person who is under the age of eighteen years or who is under the influence of alcohol, drugs or a controlled substance. (Ord. 732 §1(16), 1992).
6.08.111 Receiving goods from certain persons prohibited
It is unlawful for any pawnbroker or staff member to receive any property from any person who is intoxicated or under the influence of drugs, or anyone under the age of eighteen (18)
years; provided, however, that a pawnbroker and/or his staff may receive sports trading cards in pawn, pledge or for sale from persons under the age of eighteen (18). (Ord. 1053, 2010)
6.08.120 Age of employees and staff
It is unlawful for any pawnbroker to employ any clerk or person under the age of eighteen (18) years or utilize the services of any person under the age of eighteen (18) years to receive
any pledge or make any loan. (Ord. 1053, 2010)
6.08.130 Pawnbroker responsibility for compliance
The holder of any pawnbroker's license is hereby considered to be responsible for compliance with the provisions of this chapter, and the license shall be subject to revocation or denial
of renewal for any and all acts of his employees or other staff in violation of this chapter. (Ord. 1053, 2010)
6.08.140 Penalties
Any violation of the provisions of this chapter shall be considered a misdemeanor, and in addition to possible revocation or denial of renewal of the license, the pawnbroker shall be
subject to the issuance of an Idaho uniform citation for the violation. (Ord. 1053, 2010)
6.08.150 Repeal
All ordinance and parts of ordinance in conflict with this ordinance are hereby repealed. (Ord. 1053, 2010)
6.08.160 Severability
The provisions of this ordinance are severable and if any provision, clause, sentence,
subsection, word or part thereof is held illegal, invalid, or unconstitutional or inapplicable
to any person or circumstance, such illegality, invalidity or unconstitutional or
inapplicability shall not affect or impair any of the remaining provisions, clauses,
sentences, subsections, words or parts of this ordinance or their application to other
persons or circumstances. It is hereby declared to be the legislative intent that this
ordinance would have been adopted if such illegal, invalid or unconstitutional provision,
clause sentence, subsection, word, or part had not been included therein, and if such
person or circumstance to which the ordinance or part thereof is held inapplicable had
been specifically exempt therefrom. (Ord. 1053, 2010)
CHAPTER 6.09 SCRAP METAL DEALERS
6.09.010 Definitions
As used in this article:
Scrap: means used or old metal cable or wire; cordage; iron, copper, brass, lead, zinc, steel, aluminum and similar metals; glass; plastic; inoperable motor vehicles; motor vehicle parts,
supplies and accessories; inoperable machinery; machine parts, supplies and accessories; paper products, including but not limited to, newspapers and magazines; cardboard; rags or other
fibrous material; lumber or other building materials; or any other used or old articles whose value is derived primarily from reclamation of its constituent parts or materials.
Scrap dealer: means a person who engages in the business of purchasing, selling, exchanging, trading, recycling and/or storing scrap.
Scrapyard: means a parcel of land or a portion thereof where scrap is purchased, sold, exchanged, traded, disassembled, recycled, stored, maintained or kept.
For additional information about the exception please see Ord. 732 §2(1)--(3), 1992.
6.09.020 License required
No person shall engage in the business of a scrap dealer without first obtaining a license issued by the city. (Ord. 732 §2(4), 1992).
6.09.030 Application
Applications for scrap dealer’s licenses shall 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 and/or materials to be purchased, sold, exchanged, traded, recycled or stored. The relevant
license fee shall accompany the application. (Ord. 732 §2(5), 1992).
6.09.040 Approval and issuance conditions
Applications for licenses required under this article shall be forwarded by the city clerk to the city council for its review and approval or denial. The city council shall have authority
to approve or deny any issuance of licenses required by this article. Upon approval of an application, the city clerk shall issue the license. If a license application is denied by
the city council, the license fee shall be refunded to the applicant. (Ord. 732 §2(6), 1992).
6.09.050 License fees
Fees for licenses issued under this article shall be those set forth in the city's business license ordinance. These fees are set forth in here. (Ord. 732 §2(7), 1992).
6.09.060 Records to be kept – Contents
All scrap dealers shall keep all records required to be kept under Idaho Code, Section 54-2702. (Ord. 732 §2(8), 1992).
6.09.070 Records – Open for inspection
All records required to be kept under this article shall be made available for inspection by any police officer of the city during normal business hours. No scrap dealer or any of its
agents or employees shall refuse to permit any police officer of the city to inspect or copy such records. (Ord. 732 §2(9), 1992).
6.09.080 Records – Retention – Time
All records required to be kept under this article shall be kept for not less than three years. (Ord. 732 §2(10), 1992).
6.09.090 Property holding period before resale
No person licensed under this article shall sell, trade, rent, recycle, destroy otherwise dispose of any scrap valued in excess of five hundred dollars, acquired for the purpose of resale
or other conveyance and marked with a manufacturer's identification or serial number, for a period of fifteen days from the date of receiving the property. (Ord. 732 §2(11), 1992).
6.09.100 Storage of scrap – Exceptions
Storage Requirements. Scrap dealers shall store all scrap in their possession only in a completely enclosed building or in a scrapyard. If scrap is stored in a scrapyard, the scrapyard
shall be separated from anything abutting public street or public sidewalk by an opaque fence or masonry wall. Scrap stored in a scrapyard shall not be stored or stacked to a height
exceeding the height of the opaque fence or masonry wall.
Exceptions. An opaque fence or masonry wall as described in subsection A of this section shall not be required if all scrap stored in a scrapyard is stored in fully enclosed and operable
semi-trailers as defined under the Idaho Code or where the scrap consists only of the following materials:
Securely baled newspapers, magazines or similar paper products;
Securely baled, crushed cardboard containers or similar cardboard products;
Crushed and containerized aluminum cans or similar aluminum products;
Containerized glass bottles or jars or similar glass products; or
Crushed and containerized plastic bottles or similar plastic products. (Ord. 732 §2(12), 1992).
6.09.110 Compliance with the law
Persons licensed under this article shall conduct their business in compliance with all applicable federal, state and city laws, ordinances and regulations. (Ord. 732 §2(13), 1992).
6.09.120 Severability
The sections and subsections of this ordinance are severable. The invalidity of any section or subsection shall not affect the validity of the remaining sections or subsections. (Ord.
732 §4, 1992).
CHAPTER 6.10 TOWING AND BOOTING
Definitions
For a complete list of the definitions please see Ord.1173 §2, 2017.
6.10.020 License required
It is unlawful for any person to engage in commercial towing operations or parking enforcement operations within the corporate limits of the City of Rexburg, excepting such operations
authorized by the Rexburg City Police Department, unless the person operating such business has applied for and obtained a license to do so. Such license shall be applied for, granted
and maintained in compliance with the provisions of this chapter. (Ord. 1173 §3, 2017).
6.10.030 Application
An application for a license hereunder shall be filed in writing with the City Clerk or the designated city employee and shall specify:
The name and address of the applicant, and if a firm, corporation, partnership, association or club, the principal officers thereof and their addresses;
If the applicant is a partnership, the requirements of the preceding section shall be given regarding each member of the partnership, together with the managing partner’s name;
If the applicant is a corporation, the information required by subsection 1 of this section shall be given for each officer and active member of the corporation;
The name and location of the principal place of business; and
A statement disclosing whether any person listed in the application has ever been convicted of a felony or misdemeanor, and if so, the nature of the offense, and where and when it was
committed. (Ord. 1173 §4, 2017).
6.10.040 Issuance and renewal conditions
For additional information on this section please see Ord. 1173 §4, 2017.
6.10.050 License fees
The fee for a business entity desiring to provide towing services and/or parking enforcement services within the City of Rexburg shall be set forth in here. Such fee shall be assessed
in consideration of the expense incurred by the City to conduct required background checks prior to issuing a license and in recognition of costs incurred by the police department in
responding to incidents involving towing and parking enforcement companies. (Ord. 1173 §5, 2017).
6.10.060 Duty to display license
Every tow truck operator or parking enforcement employee shall carry upon his person:
A valid Idaho driver’s license which allows for operation of a tow truck (if towing services are to be performed);
Evidence of a valid license issued by the City of Rexburg;
A company business card giving the name, address and phone number of the company, and each operator shall provide upon request, proof of identity; and
All other identification required by law. (Ord. 911 §6, 2005).
6.10.070 Investigation by Police Department
Each application for a license hereunder shall be referred to the Chief of Police who may investigate to determine compliance with the requirements set forth the Rexburg City Ordinances.
Background checks may be conducted on all employees of the entity desiring to obtain a license under this section.
If a background check discloses a criminal history, or any current conduct that would threaten the health, welfare or safety of the public, a license may be denied or revoked by the
Chief of Police. Any person aggrieved by a decision of the Chief of Police may appeal such decision to the Rexburg City Council. (Ord. 911 §7, 2005).
6.10.080 Towing sign requirements for non-residential commercial lots
Signs as described in this Ordinance shall be posted in parking lots open to the public but restricted as to use. Such signs shall be posted in a conspicuous place giving notice that
clearly indicates towing will be used, and that parking is restricted. (Ord. 911 §8, 2005).
6.10.090 Non-consensual towing and booting practices on multi-unit residential private properties
For additional information on this section please see Ord. 911 §9, 2005.
6.10.100 Violation – Penalty
Any person who violates or fails to comply with any of the provisions of this Chapter or who, having obtained a license hereunder, willfully fails to continue to comply with he conditions
set forth in this ordinance is guilty of a misdemeanor, and upon conviction thereof, may be fined in accordance with State Statutes. (Ord. 911 §10, 2005).
NOTE: All Rexburg City Ordinance Misdemeanor violation penalties are hereby amended to be Infraction penalties for the City of Rexburg. (Ordinance 1164 §1, 2017).
6.10.110 Repeal
All ordinance and parts of ordinance in conflict with this ordinance are hereby repealed. (Ord. 911 §11, 2005).
6.10.120 Severability
The provisions of this ordinance are severable and if any provision, clause, sentence, subsection, word or part thereof is held illegal, invalid, or unconstitutional or inapplicable
to any person or circumstance, such illegality, invalidity or unconstitutional or inapplicability shall not affect or impair any of the remaining provisions, clauses, sentences, subsections,
words or parts of this ordinance or their application to other persons or circumstances. It is hereby declared to be the legislative intent that this ordinance would have been adopted
if such illegal, invalid or unconstitutional provision, clause sentence, subsection, word, or part had not been included therein, and if such person or circumstance to which the ordinance
or part thereof is held inapplicable had been specifically exempt therefrom. (Ord. 911 §12, 2005).
CHAPTER 6.11 RENTAL REGISTRATION
6.11.010 Purpose
The purpose of this Chapter is to promote the peace, health, safety, welfare and tranquility of the community and citizens of the City of Rexburg by identifying all residential rental
properties within the City and registering such, and ensuring equal and comprehensive enforcement of existing City rules and regulations. Furthermore, this Chapter shall provide for
a means of tracking the physical facilities associated with each properties [sic] in order to maintain consistency from year to year. (Ord. 975, §1, 2007).
6.11.020 Regulations
Within the City Limits of Rexburg, the following rules and regulations shall apply to all residential rental properties as defined in Ordinance 975. (Ord. 975, §2, 2007).
6.11.030 General provisions
Citation. This compilation and revision of the general ordinances of the city constitutes the official code of the general ordinances of the city of Rexburg. The ordinance may be cited
as the "Rexburg Residential Rental Registration Code."
Intent. It is declared to be the intention of the mayor and the city council that the sections, paragraphs, sentences, clauses and words of this code are severable, and if any word,
clause, sentence, paragraph or section of this code shall be declared unconstitutional by the valid judgment or decree of any court of competent jurisdiction, such unconstitutionality
shall not affect any of the remaining words, clauses, sentences, paragraphs and sections of this code, since the same would have been enacted by the mayor and the city council without
the incorporation in this code of any such unconstitutional word, clause, sentence, paragraph or section.
Title, chapter and section headings. Title, chapter and section headings contained in this code shall not be deemed to govern, limit, modify or in any manner affect the scope, meaning
or intent of the provisions of any title, chapter or section hereof.
Provisions considered as continuations of existing ordinances. The provisions appearing in this ordinance, so far as they are the same as those of ordinances existing at the effective
date of this code, shall be considered as continuations thereof and not as new enactments.
Effective date. This ordinance shall become effective upon the date of publication after the passage of this ordinance by the Rexburg City Council.
Constitutionality. If any section, subsection, sentence, clause or phrase of this ordinance is for any reason held to be invalid or unconstitutional, such decision shall not affect the
validity of the remaining portions of this code. The council declares that it would have passed this code, and each section, subsection, sentence, clause and phrase thereof, irrespective
of the fact that any one or more sections, subsections, sentences, clauses or phrases had been declared invalid or unconstitutional, and if for any reason this code shall be declared
invalid or unconstitutional, then the original ordinance or ordinances shall be in full force and effect. (Ord. 975, §2(RR.01.010 – RR.01.060), 2007).
6.11.040 Definitions
For a complete list of the definitions please see Ord. 975, §2(RR.02.010 – RR.02.120), 2007.
6.11.050 Registration requirements
For the protection and general welfare of the inhabitants of the city, every Residential Rental in excess of one rental unit per parcel operated within the city comes within the police
power of the city, and no person shall engage in the operation of a Residential Rental,
Apartment House or Apartment without first registering unless exempt under this Chapter or exempted by state law. The charge for such registration shall be as fixed in Section 6.11.070
unless otherwise provided in this code. Money received from registration shall be used to defray the expense of issuing the registration and the physical facilities review, regulation
and control of Residential Rental, Apartment House or Apartment within the city. This registration requirement is intended to apply to all entities operating a Residential Rental, Apartment
House or Apartment within the city unless the entity is otherwise expressly excluded in this chapter from this requirement. (Ord. 975, §2(RR.03.010), 2007).
6.11.060 Registration – Application – Issuance procedure
The city clerk shall be charged with the collection of all Residential Rental, Apartment House or Apartment registration fees required by the city. The city clerk shall provide an application
form in substantially the same format as addendum “A” to Ordinance 975 for the purpose of facilitating registration. As directed by the city clerk, each applicant for registration shall
file with the city clerk an application in writing on the form provided for such registration application. (Ord. 975, §2(RR.03.020), 2007).
6.11.070 Registration – Fees – Schedule
The schedule of fees for registration of a Residential Rental, Apartment House or Apartment shall be set forth in the Business Registration Fee Schedule, and may be amended from time
to time by Resolution of the Rexburg City Council in accordance with applicable State laws. (Ord. 975, §2(RR.03.030), 2007).
6.11.080 Registration – Fees – Refund
If an application for a registration is denied, the fee that accompanied the application shall be returned to the applicant in its entirety except for fees associated with inspection
in aid of granting or rejecting the registration. (Ord. 975, §2(RR.03.040), 2007).
6.11.090 Registration – Term – Proration
All business registrations shall be annual, unless otherwise specified. All applicants for registration shall pay the annual fee irrespective of the point in the year at which the registration
is sought. (Ord. 975, §2(RR.03.050), 2007).
6.11.100 Registration – Separate registration required
A registration shall be obtained for each individually identifiable location, irrespective of ownership. (Ord. 975, §2(RR.03.060), 2007).
6.11.110 Business – Change of ownership
Whenever a Residential Rental, Apartment House or Apartment changes ownership, the new owner shall report such change to the city clerk so that the registration may be transferred.
(Ord. 975, §2(RR.03.070), 2007).
6.11.120 Interpretation of provisions – Unlawful business
The registration provisions of this chapter shall not be construed to grant permission to carry on or conduct any unlawful business, or to operate any Residential Rental, Apartment House
or Apartment in an unlawful manner, or to grant immunity to any entity from lawful
regulation and control, or to authorize the violation of any zoning ordinance, regulation, or restriction. (Ord. 975, §2(RR.03.080), 2007).
6.11.130 Right to refuse or revoke registration
Whenever the council deems it in the public interest, it may, by resolution adopted by a majority vote of the members of the council and approved by the mayor, refuse to authorize the
issuance of any registration provided for in this chapter, the council may also, upon a majority vote of members of the council and approved by the mayor, revoke any registration issued
under this chapter if deemed in the public interest to do so. (Ord. 975, §2(RR.03.090), 2007).
6.11.140 Parking space management
Each Residential Rental, Apartment House or Apartment must inventory all approved parking spaces, and issue contractual obligations relative to all such parking spaces. No agreements
for tenancy shall be executed on behalf of the owner, operator or their agents, relative to a Residential Rental, Apartment House or Apartment without affirmatively designating whether
the same has a parking space available. (Ord. 975, §2(RR.04.010), 2007).
6.11.150 Parking space restrictions
All designation of available parking as referenced in Section 6.11.140 above must have an approved parking space associated with the designation such that if all designated tenants were
to park a vehicle there would be adequate spaces. No allowance for absenteeism shall be allowed. For each agreement containing an affirmative designation of parking space, there must
be a space. (Ord. 975, §2(RR.04.020), 2007).
6.11.160 Non-parking agreements
Any agreement for tenancy in a Residential Rental, Apartment House or Apartment which is not specifically designated as a “Parking Space” agreement, there must be an affirmative statement
notifying the parties to the agreement that there is no overnight, on site parking provided in connection with the agreement. (Ord. 975, §2(RR.04.030), 2007).
6.11.170 Owner responsibility
Any owner, employer or other person in charge of a Residential Rental, Apartment House or Apartment, shall be responsible for insuring to the best of their ability that all provisions
of this Ordinance are complied with. (Ord. 975, §3, 2007).
6.11.180 Violation – Penalty
1) Any person who violates a provision of this chapter shall be guilty of a misdemeanor, and shall be subject to fines or by imprisonment, or by both such fine and imprisonment consistent
with Idaho Code, Section 18-113, as amended.
2) Upon a second conviction within a three year period, the person shall be guilty of a misdemeanor and punished pursuant to Idaho Code, Section 18-113, as amended, and be fined no less
than One Hundred Dollars ($100.00) in conjunction with any other sentence or costs deemed appropriate by the Court.
Upon a third or greater conviction within a three year period, the person shall be guilty of a misdemeanor and punished pursuant to Idaho Code, Section 18-113, as amended, and be fined
no less than Two Hundred and Fifty Dollars ($250.00) in conjunction with any other sentence or costs deemed appropriate by the Court. (Ord. 975, §4, 2007).
NOTE: All Rexburg City Ordinance Misdemeanor violation penalties are hereby amended to be Infraction penalties for the City of Rexburg. (Ordinance 1164 §1, 2017).
TITLE 7 ANIMALS
Title 7 sets forth the restrictions and requirements concerning the keeping, licensing, impoundment and destruction of animals.
For statutory provisions concerning animals in general, see Idaho Code Title 25; for provisions concerning the mistreatment of animals, see Idaho Code Ch. 18-21; for provisions authorizing
a city to control, license and dispose of animals within its jurisdiction, see Idaho Code §50--319.
CHAPTER 7.01 LIVESTOCK*
*Note to Chapter 7.01: Ordinance History: Ord. 9, and 80.
7.01.010 Leading, riding or driving of animals on public grounds and in city parks
It is unlawful for any person or persons to lead, ride or drive any animal whatsoever, whether such animal be attached to a vehicle or not, along, across or upon the public ground known
as city park in the center of the city, or on streets or other public ground where the same has been seeded to grass or other decorative vegetation, or to propel or drive any vehicle
along, across or upon public grounds or parks.
7.01.020 Livestock at large prohibited – Penalty
It is unlawful for any person or persons owning livestock to allow any cattle, horses, sheep, hogs or other animals to run at large within the limits of the city. Any person violating
any of the provisions of this section is deemed guilty of a misdemeanor and upon conviction thereof shall be punishable as set forth in Chapter 1.02.020 of this code. (Ord. 15 §1, 1899).
7.01.030 Driving stock off range restrictions
It is unlawful for any person or persons to drive stock of any kind off the range over which the person or persons have no control, or without the permission of the owner, into the city
limits for any purpose whatsoever, unless the person or persons, without unnecessary delay, return the stock so driven in the direction from which the person or persons brought them
beyond the city limits. (Ord. 9 §1, 1899).
7.01.040 Violation – Penalty of Section 7.01.030
Any person or persons violating any provisions of Section 7.01.030 shall, on conviction thereof, be deemed guilty of a misdemeanor and be punishable as set forth in Chapter 1.05.020
of this code. (Ord. 9 §2, 1899).
NOTE: All Rexburg City Ordinance Misdemeanor violation penalties are hereby amended to be Infraction penalties for the City of Rexburg. (Ordinance 1164 §1, 2017).
CHAPTER 7.02 DOGS*
*Note to Chapter 7.02: For statutory provisions related to dogs and requiring the licensing of same, see Idaho Code Ch. 25-28.
**Ordinance History: Ord. 411, 581, 816 and 841.
7.02.010 Licensing of dogs
It shall be unlawful for any person or persons to own, keep or harbor, any dog, male or female over 3 months of age within the City of Rexburg without obtaining a license. The fine for
not having a license for a dog will be set forth in Appendix 3. (Ord. 841 §1, 2001).
7.02.020 Amount of license
Licenses will be provided free of charge for all dogs residing within the City of Rexburg. These licenses shall be valid for the life of the animal on condition that the owner provides
appropriate change of address forms or change of ownership forms to the Police department. Failure to provide change of address or ownership notification to the Police department within
30 days of such change will be punishable by a fine set forth in here. (Ord. 841 §2, 2001).
7.02.030 Issuance of license
The Police department shall issue a license to the dog owner and shall maintain the following information regarding the license: the date of issue, the name and address and phone number
of the owner, the name, age and sex of the dog; a description of the dog and the number of the license. The Police department shall furnish with each license a metal tag which shall
be stamped with the number corresponding to the number of the license. (Ord. 841 §3, 2001).
7.02.040 Metal tag requirement
The metal tag, as described in Section 7.02.030 of the codification, shall be attached to a collar and the collar kept on the neck of the dog. Failure to keep proper identification
on the dog will be punishable by a fine set forth in here. (Ord. 841 §4, 2001).
7.02.050 Unlicensed dogs – Impoundment
All dogs not licensed and collared as provided in Sections 7.02.010, 7.02.020, 7.02.030 above, are declared to be a public nuisance, and it is the duty of all police officers and the
pound master to take up and impound any dog not so licensed and collared. The fine for not having appropriate license will be set forth in here. (Ord. 841 §5, 2001).
7.02.060 Disturbing the peace
It is unlawful for any person to own keep or harbor within the limits of the City, where tethered, caged or otherwise, any dog which by barking, howling, yelping, whimpering or whining,
or by the making of other noises, disturbs the quiet of any neighborhood or person. Disturbing the peace determination will be made by a law enforcement officer after an investigation
of said complaint. Violation of this section of the Ordinance will punishable as set forth in here. (Ord. 841 §6, 2001).
7.02.070 Running at large restrictions
Except as provided by Section 7.02.080, it is unlawful for any person to cause, permit or allow any dog, whether licensed or not, to roam, run or stray away from the premises of the
owner, unless:
For the exceptions please see Ord. 841 §7, 2001
Failure to keep the dog under control will be punishable by a fine set forth in Appendix 3. (Ord. 841 §7, 2001).
7.02.080 Running at large exception
The City Council may designate such areas of a public park, or other city owned land for the training or exercise of dogs, or holding dog shows or exhibition. Dogs within such areas
need not be controlled by leash or chain, but shall be under the control of a responsible person and controlled by whistle, voice or other effective command. Failure to comply with
this section will be punishable by a fine set forth in Appendix 3. (Ord. 841 §8, 2001).
7.02.090 Leash requirements – Feces disposal – Exception
It shall be unlawful for any person to bring or harbor any animal in the Parks, except as may be allowed pursuant to established leash laws for the City of Rexburg. (Ord. 968, §6(c),
2006).
For additional information on these requirements please see (Ord. 816 §6(C), 1999).
7.02100 Cruelty prohibited
It is unlawful for any person to maltreat or torture any dog animal, or having the right or authority to kill any dog animal, to kill the animal in an inhumane manner. (Ord. 841 §18,
2001).
7.02.110 Public disposition of animals
It shall he unlawful to give away animals at any place of business or on City owned land within the city limits without first obtaining a permit from the Rexburg Police Department.
The form to be completed for approval of permit application is available at the city hall or here. The fine for violating this section shall be set forth in here. (Ord. 841 §19, 2001).
7.02.120 Abandonment of animals
It shall be unlawful to abandon animals within the city limits or to abandon city animals in the surrounding area. The fine for this offense shall be set forth in here. (Ord. 841 §20,
2001).
7.02.130 Definition of owner
The term owner as used in this ordinance shall be construed to mean and include any person, persons, association, business entity, or corporation owning, harboring or keeping a dog or
dogs within the corporate limits of the City of Rexburg, Idaho. (Ord. 841 §21, 2001).
7.02.140 Violation – Penalty
Any persons or persons violating the provisions of this Ordinance shall be guilty of an infraction and shall be punishable as indicated in each section. In addition, all found guilty
will be assessed court costs. (Ord. 841 §22, 2001).
NOTE: All Rexburg City Ordinance Misdemeanor violation penalties are hereby amended to be Infraction penalties for the City of Rexburg. (Ordinance 1164 §1, 2017).
7.02.150 Repealing ordinances
Ordinance Nos. 581, 411, Chapter 35 of Revised Ordinances, and all ordinances or portions of ordinances in conflict herewith are hereby repealed. (Ord. 841 §23, 2001).
CHAPTER 7.03 HOUSEHOLD PETS
7.03.010 Maximum pet restrictions
Small animals including fish or fowl permitted in the house or yard and kept for company or pleasure, such as dogs, cats, rabbits, canaries, parrots, parakeets, or goldfish. Under no
circumstance shall more than 5 mammals or reptiles be allowed at one time, except that direct offspring shall be allowed for up to 3 months. (Ord. 1026 §Definitions pg. 12, 2009)
7.03.020 Domestic fowls running at large
It shall be unlawful for any person owning or having in his possession any chicken, chickens, duck, ducks, goose, geese, turkey, turkeys, or other domestic fowl, within the city of Rexburg,
to willfully or negligently permit the same to run at large or trespass upon the premises belonging to another , or to stray beyond the bounds of the yard or premises belonging to or
in control of the owner of such chicken, chickens, duck, ducks, goose, geese, turkey, turkeys or other domestic fowl. (Ord. 194 §1, 1916).
7.03.030 Domestic fowls confinement
It shall be the duty of every owner or possessor of any domestic fowl mentioned in section 7.03.020 hereof, to confine the same within the yard or premises owned or occupied by such
person during their season commencing with the first day of April and ending with the first day of October of each and every year. (Ord. 194 §2, 1916).
7.03.040 Domestic fowls Violation – Penalty
Any person violating any of the provisions of sections 7.03.020 and 7.03.030 shall be fined in a sum not exceeding the sum of $25.00, and costs of court. (Ord. 194 §3(part), 1916).
NOTE: All Rexburg City Ordinance Misdemeanor violation penalties are hereby amended to be Infraction penalties for the City of Rexburg. (Ordinance 1164 §1, 2017).
CHAPTER 7.04 IMPOUNDMENT*
* Note to Chapter 7.04: Ordinance History: Ord. 15, 225, and 841. Codified by Ord. 80
7.04.010 Purpose
A pound shall be established within the city limits for the purposes of impounding animals running at large within the city limits. (Ord. 15 §2, 1899).
7.04.020 Pound – Location and specifications
For more information ont this section please see (Ord. 15 §3, 1899).
7.04.030 Animals running at large – Prohibited
It is unlawful for any animal or animals to run at large on any of the streets, alleys or public places within the city limits. (Ord. 15 §1, 1899).
7.04.040 Taking animals from pound or official custody prohibited – Penalty
Any person or persons guilty of breaking the city pound or taking therefrom any cattle, horses, sheep, swine or other animals that have been impounded, or shall take or attempt to take
the same from the city poundkeeper or his deputies while on the way to the pound, shall, upon conviction thereof, be punishable as set forth in Chapter 1.02.020 of this code. (Ord.
225 §1, 1919).
NOTE: All Rexburg City Ordinance Misdemeanor violation penalties are hereby amended to be Infraction penalties for the City of Rexburg. (Ordinance 1164 §1, 2017).
7.04.050 Poundkeeper designated duties
For additional information about this section please see (Ord. 15 §4, 1899).
7.04.060 Impounded animals – Notification for redemption or sale at public auction
For additional information about this section please see (Ord. 15 §5, 1899).
7.04.070 Animals sold at auction – Moneys held in trust or paid to general fund
For additional information about this section please see (Ord. 15 §7, 1899).
7.04.080 Impounded animals – Recordkeeping
For additional information about this section please see (Ord. 15 §11, 1899).
7.04.090 Impoundment – Duties of Policemen and Poundmaster
It shall be the duty of all police officers and the poundmaster to seize and impound any dog found to be running at large as provided in Section 7.02.070. (Ord. 841 §9, 2001).
7.04.100 Notice of impoundment and redemption of licensed dogs
The owner of every licensed dog so seized and impounded shall be notified by the police department telephonically within 24 hours of seizure or in writing within 48 hours.
Every licensed dog so seized shall be retained in the pound for a period of five days after notice is made telephonically or mailed to the owner of the dog. At any time while the dog
is impounded, the owner or keeper may redeem the dog by paying to the sum set forth in Appendix 3. For more information on this section please see (Ord. 841 §10, 2001).
7.04.110 Impoundment and redemption of unlicensed dogs
For additional information on this section please see (Ord. 841 §11, 2001).
7.04.120 Citation – In lieu of impoundment
For additional information on this section please see (Ord. 841 §12, 2001).
7.04.130 Citation – Issuance
For additional information on this section please see (Ord. 841 §13, 2001).
7.04.140 Rabies – Quarantine
For additional information on this section please see (Ord. 841 §14, 2001).
7.04.150 Rabies – Destruction
Any dog afflicted with rabies shall be disposed of immediately, either by the owner or poundmaster. (Ord. 841 §15, 2001).
7.04.160 Destruction of dogs
Dogs that have been impounded and not redeemed will be dispositioned by the poundmaster in a humane manner. The owner of unclaimed animals will be subject to a fine set forth in Appendix
3. (Ord. 841 §16, 2001).
7.04.170 Unlawful to interfere with seizure or destruction of dogs
It is unlawful for any person to hinder, molest, or interfere with any person who is lawfully engaged in seizing, impounding, or destroying any dog, or removing the carcass as provided
in this Chapter. (Ord. 841 §17, 2001).
7.04.180 Violation – Penalty
Any person or persons violating any of the provisions of this chapter shall be deemed guilty of a misdemeanor and upon conviction thereof shall be punishable as set forth in Chapter
1.02.020 of this code. (Ord. 841 §22, 2001).
NOTE: All Rexburg City Ordinance Misdemeanor violation penalties are hereby amended to be Infraction penalties for the City of Rexburg. (Ordinance 1164 §1, 2017).
CHAPTER 7.05 DEAD ANIMALS*
*Note to Chapter 7.05: For statutory provisions making it a misdemeanor to expose or leave out any animal carcass, see Idaho Code §§18-5803 and 18-5807.
7.05.010 Removal or burial requirements
It shall be the duty, and it is required of every person who may be the owner of any animal of whatsoever kind which may be found dead within the corporate limits of the city to remove
such dead animal outside the limits of the city, or to bury same in ground of a sufficient depth so that the other side will be three feet below the surface thereof. (Ord. 11 §1, 1899).
7.05.020 City marshal – Authority to bury dead animals
For additional information about this section please see (Ord. 11 §2, 1899).
7.05.030 Violation – Penalty
Any person willfully disowning a dead animal found within the city limits, after being notified as provided for in Section 7.05.020, for the purpose of avoiding the requirements of the
owners of such animals under the provisions of this chapter, or willfully failing to comply with the requirements of this chapter, shall, on conviction thereof, be deemed guilty of
a misdemeanor and be fined not less than five dollars punishable as set forth in Chapter 1.02.020 of this code. (Ord. 11 §4, 1899).
NOTE: All Rexburg City Ordinance Misdemeanor violation penalties are hereby amended to be Infraction penalties for the City of Rexburg. (Ordinance 1164 §1, 2017).
TITLE 8 HEALTH AND SAFETY
Title 8 sets forth the requirements and regulations associated with garbage, fireworks, nuisances and other topics related to the health and safety of the citizens of the City.
For statutory provisions authorizing a city to make all regulations and pass all necessary ordinances to preserve the public health, see Idaho Code §50-304. For provisions authorizing
cities to cause the removal of snow, ice, rubbish and weeds, see Idaho Code §50-317.
CHAPTER 8.01 LITTERING*
*Note to Chapter 8.01: For statutory provisions authorizing a city to declare what shall be a nuisance and to abate it, see Idaho Code §50--334.
8.01.010 Deposits in public ways restrictions – Permit required for certain uses
It is unlawful for any person or association of persons or any company or corporation to pile, place or deposit in or upon any street or public alley of the city any offal, wastepaper,
rubbish, trash, glass, bottles, cans, bones, ashes or cinders, or any other refuse, debris or waste matter or material of any kind; or to pile, place or deposit in or upon any street
or public alley of the city any earth, sand or gravel, or any stone, brick, blocks, lumber or other materials except for immediate use in the leveling, grading or otherwise improving
such streets or alleys, or in the construction of a building or buildings, on land immediately contiguous to the street or alley where same is placed, and in such cases only after a
permit so to do shall have been obtained from the chief of police of the city. (Ord. 405 §1, 1956).
8.01.020 Deposits in public ways – Declared public nuisance – Penalty for failure to remove
Any offal, wastepaper, rubbish, trash, glass, bottles, cans, bones, ashes or cinders, or any refuse, debris or waste matter or material of any kind piled, placed or deposited in or upon
any street or public alley of the city shall be deemed and declared to be a public nuisance. Any person or association of persons, or any company or corporation who throws, piles, places
or deposits, or causes or directs to be piled, thrown, placed or deposited in or upon any street or public alley of the city any of the matters, substances, things or materials
mentioned in this chapter, and allows the same to remain in or upon such street or alley in violation of the provisions of this chapter shall be guilty of a misdemeanor, and upon conviction
thereof shall be punishable as set forth in Chapter 1.02 of this code. (Ord. 405 §2, 1956).
NOTE: All Rexburg City Ordinance Misdemeanor violation penalties are hereby amended to be Infraction penalties for the City of Rexburg. (Ordinance 1164 §1, 2017).
CHAPTER 8.02 GARBAGE AND REFUSE COLLECTION AND DISPOSAL
8.02.010 Findings – Purpose of provisions
The accumulation of waste, refuse, trash, garbage, rubbish or other deleterious substances on the premises of private residences or commercial and industrial establishments, vacant lots,
and in streets and all alleys, constitutes a public nuisance and menace and greatly increases the danger of the spread of infectious, contagious and epidemic diseases. It is necessary
for the preservation of health, safety, sanitation, peace and public welfare that proper and adequate regulations be adopted to require property owners, tenants, occupants, or lessees
to secure containers and receptacles of sufficient kind and size in which to deposit waste, refuse, trash, garbage and rubbish for collection and removal at regular intervals. (Ord.
559 §2, 1975).
8.02.020 Applicability – Scope
This chapter shall apply to residential, commercial and industrial properties and areas of the city, including apartments, trailer courts and other dwelling units. (Ord. 559 §3, 1975,
amended by Ord. 599, 1979, other amending ordinances : 625, 635, 640, 650, 711).
8.02.030 Definitions and interpretation of terms
For the purpose of this chapter, the following terms, phrases, words, and their derivations, shall have the following meanings. When not inconsistent with the context, words used in
the present tense include the future, words used in the plural number include the single number, and words used in the singular number include the plural number:
For a complete list of the definitions please see Ord. 706 §1, 1990.
8.02.040 Collection system – Use required – Exceptions
Every person who is an owner or occupant of the premises within the city limits shall use the refuse collection and disposal system provided for in this chapter and shall deposit or
cause to be disposed of in accordance with this chapter all refuse which is accumulated on such premises; provided, that nothing in this chapter is to be construed to prohibit any owner
from transporting and disposing of refuse accumulated on such premises, subject to all regulations contained in this chapter.(Ord. 559 §5, 1975, amended by Ord. 599, 1979, other amending
ordinances : 625, 635, 640, 650, 711).
8.02.050 Refuse – Accumulation restrictions
It is unlawful for any person to permit to accumulate in or about any yard, lot, place or premises, or upon any street, alley or sidewalk adjacent to such lot, yard, place or premises
owned or occupied by such person, any refuse so as to cause or create any offensive odor or atmosphere, be offensive or noticeable, unsightly, or create an insect or rodent harborage,
or thereby, in any manner, to be or to become or cause or create a public nuisance or a menace to public health within the limits of the city. (Ord. 559 §6, 1975, amended by Ord. 599,
1979, other amending ordinances : 625, 635, 640, 650, 711).
8.02.060 Refuse – Owner responsibility to remove – Deposit restrictions
No person shall deposit refuse on or below the surface of the ground other than in a manner prescribed in this chapter. No person shall deposit or bury any refuse in or upon a public
alley, street, other public area, or upon the premises of another person, whether or not the refuse is in an approved container. No refuse of any kind shall be thrown, swept or pushed
into the street in front of any premises. The owner of the premises shall be responsible for the disposal of all such refuse. (Ord. 559 §7, 1975, amended by Ord. 599, 1979, other amending
ordinances : 625, 635, 640, 650, 711).
8.02.070 Disposal vehicles – Equipment and operation
The actual producers of refuse, or the owners of premises upon which refuse is accumulated, who desire personally to collect and dispose of refuse, persons who desire to collect and
disposal of waste material not included in the definition of refuse or material not acceptable for collection, and collectors of waste and refuse from outside of the city who desire
to haul over the streets of the city, shall use a vehicle so equipped and operated as to prevent refuse from being blown, dropped or spilled therefrom and offensive odors escaping therefrom.
(Ord. 559 §8, 1975, amended by Ord. 599, 1979, other amending ordinances : 625, 635, 640, 650, 711).
8.02.080 Approved containers – Required for collection by city
Every person using or occupying any building, house or structure within the corporate limits for residential, industrial or commercial purposes, shall provide and maintain “approved
containers” of sufficient number and size to hold all refuse accumulating on the premises. The collector will empty and return only “approved containers.” (Ord. 559 §9, 1975, amended
by Ord. 599, 1979, other amending ordinances : 625, 635, 640, 650, 711).
8.02.090 Refuse – Requirements for placement in approved containers
All refuse must be placed in “approved containers,” as defined in subsection 1 of Section 8.02.030. In residential, commercial and industrial areas, all refuse that is mixed with water
or other liquid shall be drained and shall be well wrapped in paper before being placed in the container. No free liquids shall be placed in the container. Thirty-two-gallon containers,
when filled, shall not weigh more than seventy--five pounds. Lids of containers shall not be removed except when necessary to place or remove refuse, and the lid or cover of every refuse
container shall at all times be kept securely in place and no refuse container shall be so overloaded that the lid or cover cannot be properly kept in place. (Ord. 559 §10, 1975, amended
by Ord. 599, 1979, other amending ordinances : 625, 635, 640, 650, 711).
8.02.100 Leaves, clippings, brush and similar materials – Collection procedures
Grass, leaves, weeds and clippings from trees and shrubs may be placed in cardboard cartons, bushel baskets or wooden boxes, provided the contents are prevented from being
blown, spilled or removed by persons, wind or animals. Each carton, basket or box, including contents, shall not exceed fifty pounds in weight, and shall not exceed ten cubic feet in
volume. When used, such containers will not be returned to the premises, but will be removed with the contents by the collectors; provided, however, that bushel baskets in good condition
and repair will be returned to the premises. Brush may be tied with heavy cord or twine in bundles not to exceed two feet, six inches in length or fifty pounds in weight. (Ord. 559
§11, 1975, amended by Ord. 599, 1979, other amending ordinances : 625, 635, 640, 650, 711).
8.02.110 Compost pile permissions
Compost piles may be maintained for fertilization purposes, and matter used for fertilization purposes only may be transported, kept and used; provided that the same shall not cause
obnoxious odors to the neighborhood. (Ord. 559 §12, 1975, amended by Ord. 599, 1979, other amending ordinances : 625, 635, 640, 650, 711).
8.02.120 Trash burning and other outdoor fires
1) Approved incinerators in the commercial or industrial areas may be used to burn trash. Nothing in this chapter shall be construed to prohibit the use of outdoor fireplaces, barbecue
pits or grills, in preparing food or for recreational purposes. (Ord. 559 §13, 1975, amended by Ord. 599, 1979, other amending ordinances : 625, 635, 640, 650, 711).
2) Open burning is allowed within the borders of The City of Rexburg, Madison County when three initial criteria are met prior to the burn:
For details please see Ord. 1041, 2010
Any person who allows or causes open burning without first “Registering their Burn” is guilty of a misdemeanor. (Ord. 1041, 2010).
8.02.130 Refuse – Collection schedule – Placement of containers
Refuse shall be collected from all premises within the city at least once each week. Premises wherein large accumulations of refuse occur may be classified separately with more frequent
collection from the premises. The council shall establish a schedule of collection and persons who own or occupy premises within the city shall place all containers on the premises
adjacent to the alley line of the premises upon the day scheduled for the pickup. Where there is no alley entrance to premises, refuse containers shall be placed at the street curb
or at the inside edge of the sidewalk, where the sidewalk is adjacent to the curb, on the morning of the day scheduled for collection, and the empty containers shall be withdrawn from
the front of the premises as soon after collection as possible on the same day. No refuse containers, refuse burners or piles of refuse shall be placed in or upon the alley right-of-way.
Ord. 559 §13, 1975, amended by Ord. 599, 1979, other amending ordinances : 625, 635, 640, 650, 711).
8.02.140 Certain materials not collected – Responsibility for disposal
For more information about this section please see . (Ord. 559 §14, 1975, amended by Ord. 599, 1979, other amending ordinances : 625, 635, 640, 650, 711).
8.02.150 Meddling with refuse containers prohibited
The meddling with refuse containers, any pilfering, scattering contents, and junking in any alley or street within the city limits is prohibited. . (Ord. 559 §15, 1975, amended by Ord.
599, 1979, other amending ordinances : 625, 635, 640, 650, 711).
8.02.160 Salvaging material from sanitary landfill prohibited – Exception
Any material disposed of at the sanitary landfill is the property of the city, and no person is allowed to separate and collect, carry off or dispose of the same except under the authority
and direction of the mayor and council. (Ord. 559 §16, 1975, amended by Ord. 599, 1979, other amending ordinances : 625, 635, 640, 650, 711).
8.02.170 Franchise for collection and disposal – Application – Investigation – City council authority
Any person, firm or corporation desiring a franchise for the collection and disposal of refuse shall make application to the city council, which shall make and cause to be made such
investigation as it may consider necessary in order to determine whether or not the public convenience and necessity requires the granting of such franchise. Any franchise so granted
shall be subject to the terms and conditions set forth by the city council and this chapter. . (Ord. 559 §17, 1975, amended by Ord. 599, 1979, other amending ordinances : 625, 635,
640, 650, 711).
8.02.180 Licensing and contracting for collection and disposal – Mayor and council authority
For additional information about this section please see Ord. 559 §18, 1975, amended by Ord. 599, 1979, other amending ordinances : 625, 635, 640, 650, 711.
8.02.190 Inspection authority
All appropriate officers of the city shall have the right of ingress or egress to any premises . (Ord. 559 §19, 1975, amended by Ord. 599, 1979, other amending ordinances : 625, 635,
640, 650, 711). for the purpose of inspecting all places and containers where refuse is accumulated or kept.
8.02.200 Refuse – Disposal in Madison County sanitary landfill required
The disposal of all refuse collected pursuant to the provisions of this chapter shall be in the Madison County sanitary landfill and under the supervision of the inspector. (Ord. 559
§20, 1975, amended by Ord. 599, 1979, other amending ordinances : 625, 635, 640, 650, 711).
8.02.210 Fees – Billing and payment procedures
For more information about this section please see Ord. 559 §21, 1975, amended by Ord. 599, 1979, other amending ordinances : 625, 635, 640, 650, 711.
8.02.220 Fees
For additional information about this section please see Ord. 711 §§2, 3, 1990, Ordinance History: Ord. 599, 1979, other amending ordinances : 625, 635, 640, 650).
8.02.230 Additional rules and regulations authorized
The mayor and city council are authorized to prescribe such other rules and regulations as may be necessary to carry out the purposes of this chapter and provide for public welfare.
(Ord. 559 §25, 1975).
8.02.240 Failure to comply with chapter provisions deemed misdemeanor – Penalty
For additional information about this section please see Ord. 599 §2, 1979: Ord. 559 §24, 1975.
NOTE: All Rexburg City Ordinance Misdemeanor violation penalties are hereby amended to be Infraction penalties for the City of Rexburg. (Ordinance 1164 §1, 2017).
8.02.250 Violation of chapter provisions – Citation and appearance requirements
For additional information about this section please see Ord. 559 §23, 1975.
8.02.260 Unauthorized depositing of refuse – Penalty
For additional information about this section please see Ord. 765 §§1, 2, 1994.
NOTE: All Rexburg City Ordinance Misdemeanor violation penalties are hereby amended to be Infraction penalties for the City of Rexburg. (Ordinance 1164 §1, 2017).
8.02.270 Non recyclable garbage and refuse
All garbage and refuse shall be placed in city refuse containers, except the following items, which are not allowed in any city container: asphalt, automotive batteries, building materials,
carpet, cement block, concrete, dead animals, lumber scraps, mattresses, metal, motor oil, pallets, tires, tree limbs over one inch diameter, tree stumps and white goods (stoves, fridges,
washers, dryers, dishwashers, etc.). (Ord. 765 §3, 1994).
8.02.280 Blocking access to containers prohibited
No vehicles or other obstruction, including snow, shall block access to a container that is to be dumped. If access is blocked, the container will not be dumped and an additional minimum
fee will be assessed according to Appendix 4 for a return call to empty a container. (Ord. 765 §4, 1994).
8.02.290 Disposing of solid waste on public or private property prohibited
It is unlawful for any person to dump or in any manner dispose of solid waste upon any street, alley, public place or private property owned by another person within the city. (Ord.
765 §5, 1994).
8.02.300 Collection and storage
All solid waste shall be removed at least biweekly from all occupied premises in city residential areas and from all other premises as requested by the owner. Temporary storage of solid
waste prior to removal shall comply with this section. (Ord. 765 §6, 1994).
8.02.310 Placing burning material in container prohibited
It is unlawful for any person to deposit in any solid waste container any burning materials, or materials sufficiently hot to create combustion when the same come in contact with other
solid waste. (Ord. 765 §7, 1994).
8.02.320 Charges for collection service
The rates for city refuse collection shall be set by resolution of the city council and shall be reviewed at least annually. (Ord. 765 §8, 1994)
8.02.330 Severability
The provisions of this chapter are severable. If any provision of this chapter or its application to any person or circumstance is held invalid, such invalidity shall not affect other
provisions or applications of this chapter which can be given effect without the invalid provision or application. (Ord. 765 §9, 1994).
8.02.340 Violation – Penalty
Any person, firm or corporation violating Section 8.02.270, 8.02.080, 8.02.0290 or 8.02.310 shall be guilty of a misdemeanor and assessed a civil penalty of not less then fifty dollars
nor more than one thousand dollars for each offense, and a separate offense shall be deemed committed on each day during or on which a violation occurs or continues. (Ord. 765 §10,
1994).
NOTE: All Rexburg City Ordinance Misdemeanor violation penalties are hereby amended to be Infraction penalties for the City of Rexburg. (Ordinance 1164 §1, 2017).
CHAPTER 8.03 NOXIOUS WEEDS*
*Note to Chapter 8.03: For statutory provisions concerning the control and removal of noxious weeds, see Idaho Code Ch. 22-24.
8.03.010 Noxious weeds declared public nuisance – Removal requirements
All offensive and noxious weeds or plants within the city limits are declared to be a public nuisance, and shall be cut, removed and destroyed by the owner or agent of the grounds or
premises on which the same are located, when notified to do so by the chief of police or chief of emergency services, such notice to be served in the manner provided in Section 8.03.020.
(Ord. 379 §1, 1951).
8.03.020 Removal notice – Contents – Service and posting
It shall be the duty of the chief of police or chief of emergency services to notify the owner, agent or person having charge of any property within the city limits where offensive or
noxious weeds or plants are growing to cut, remove and destroy the same. The notice shall describe the location of the property as nearly accurate as can be, and shall specify the time
in which the weeds must be cut, removed and destroyed. The notice shall be served upon the owner, agent or person in charge of such property, if such owner, agent or person in charge
can be found; then by posting a notice upon a conspicuous place on the premises and registering a copy of the notice to the owner or agent of the same. (Ord. 379 §2, 1951).
8.03.030 City to perform work – Costs deemed lien
If the owner, agent or person in charge fails to comply with the notice, or fails to cut, remove or destroy the noxious weeds growing upon any property in the city, the chief of police
or chief of emergency services may order the work done at the expense of the city, and the same shall be charged against and be a lien on the property until paid, said lien to be filed
the same as is provided for filing liens for sidewalks or other special improvements against property. (Ord. 379 §3, 1951).
8.03.040 Failure to comply with removal notice – Penalty
Any person or persons owning or controlling any such property upon whom notice has been served to remove the noxious weeds, who fails to comply with the notice within the time specified
in the notice, shall be guilty of an offense, and, upon conviction, shall be punishable as set forth in Chapter 1.02.020 of this code. (Ord. 379 §4, 1951).
NOTE: All Rexburg City Ordinance Misdemeanor violation penalties are hereby amended to be Infraction penalties for the City of Rexburg. (Ordinance 1164 §1, 2017).
CHAPTER 8.04 FIREWORKS*
*Note to Chapter 8.04: For statutory provisions authorizing a city to adopt certain codes by reference, see Idaho Code §50-901. For provisions regarding firecrackers or fireworks, see
Idaho Code Ch. 39-26. For statutory provisions authorizing a city to control the discharge of fireworks, see Idaho Code §50-310.
8.04.010 Purpose and intent of provisions
It is declared to be the intent of the city council to aid and assist by whatever means possible the utmost consistency between the city and the state in governing and regulating the
sale and use of fireworks. Toward that end, adoption of the Idaho State Fireworks Law is a necessary means of assuring maximum uniformity within the state. (Ord. 536 §1, 1973).
8.04.020 State Fireworks Law – Adopted by reference
There is adopted for the purpose of establishing rules and regulations for the sale and use of fireworks within the city that certain code identified as the Idaho State Fireworks Law,
more particularly Title 39, Chapter 26, Idaho Code, and as the same may hereafter be revised by the Idaho Legislature or amended by the city council of the city, and the same is adopted
and incorporated as an ordinance of the city as fully as though set forth at length in this chapter. (Ord. 536 §2, 1973).
8.04.030 State Fireworks Law – Copies filed for public examination
Three copies of the Idaho State Fireworks Law, together with any revisions or amendments, duly certified by the city clerk-treasurer, shall be kept on file in the clerk-treasurer's office
for use and examination of and by the public. (Ord. 536 §3, 1973)
8.04.040 Discharge prohibitions – Exceptions
It is unlawful for any person to discharge any firecracker, firework not designated as a "safe and sane" firework, torpedo, firearm, air gun, pneumatic gun, spring gun, B-B gun, rocket,
grenade, Molotov cocktail, artillery projectile, pistol, catapult, flipper, ice bomb, pipe bomb, black powder bomb, or any other item(s), bomb(s) or explosive(s) capable of damaging
property or injuring persons or animals within the corporate limits of the city. (Ord. 714 §1, 1991: Ord. 66(part), 1903).
No person shall discharge any non-safe and sane firework anywhere in the city, except at a public exhibition pursuant to special written permit issued by the Rexburg City Fire Chief.
(Ord. 714 §3, 1991: Ord. 66(part), 1903).
8.04.050 Restrictions on possession
It is unlawful for any person to possess, make, manufacture, or have physical control over any firework not designated as a "safe and sane" firework, torpedo, grenade, Molotov cocktail,
artillery projectile, ice bomb, pipe bomb, black powder bomb, or any other type of bomb, explosive, components thereof, or similar item(s) capable of damaging property or injuring humans
or animals within the corporate limits of the city. (Ord. 714 §2, 1991: Ord. 66(part), 1903).
8.04.060 Violation – Penalty
Any person violating any provision of Sections 8.04.040 and 8.04.050 shall be guilty of a misdemeanor, punishable by imprisonment in the county jail not exceeding six months, or by a
fine not exceeding three hundred dollars, or by both. (Ord. 714 §4, 1991: Ord. 66(part), 1903).
NOTE: All Rexburg City Ordinance Misdemeanor violation penalties are hereby amended to be Infraction penalties for the City of Rexburg. (Ordinance 1164 §1, 2017).
CHAPTER 8.05 RADIO INTERFERENCE
8.05.010 Apparatus or devises causing radio interference Nuisance and misdemeanor
That all radio interference which can be reasonably prevented is hereby declared a nuisance.
That all electrical apparatus or devises, or any other apparatus or devises, which causes radio interference and which can be equipped with devises which eliminate radio interference,
be immediately equipped with said devises so as not to interfere with radio reception. (Ord. 332(part), 1937).
8.05.020 Violation – Penalty
That any person violation this ordinance is guilty of misdemeanor and shall be fined not less than Five Dollars ($5.00) and not more than One Hundred Dollars ($100.00). (Ord. 332(part),
1937).
NOTE: All Rexburg City Ordinance Misdemeanor violation penalties are hereby amended to be Infraction penalties for the City of Rexburg. (Ordinance 1164 §1, 2017).
CHAPTER 8.06 PROPERTY NUISANCES
8.06.010 Nuisance defined
For the purposes of this chapter, "nuisance" means any condition or use of premises or of building exterior which is detrimental to the property of others or which causes or tends to
cause substantial diminution in the value of other property in the neighborhood in which such premises are located. This includes, but is not limited to, the keeping or the depositing
on, or the scattering over the premises of any of the following:
For additional information about this section please see Ord. 706 §1, 1990.
8.06.020 Responsibility for maintenance
No person owning, leasing, occupying or having charge of any premises shall maintain or keep any nuisance thereon, nor shall any such person keep or maintain such premises in a manner
causing substantial diminution in the value of the other property in the neighborhood in which such premises are located. (Ord. 706 §2, 1990).
8.06.030 Exterior storage of non-operating vehicles– Prohibited
No person in charge of or in control of premises, whether as owner, lessee, tenant, occupant or otherwise shall allow any partially dismantled, wrecked, junked, discarded or otherwise
non-operating motor vehicle, machinery, implement, and/or equipment and personal property of any kind which is no longer safely usable for the purposes for which it was manufactured,
to remain on such property longer than four- teen days; and no person shall leave any such vehicle on any property within the city for a longer time than fourteen days; except that
this section shall not apply with regard to any vehicle in an enclosed building or so located upon the premises as not to be readily visible from any public place or from any surrounding
private property. This chapter shall further not apply with regard to any vehicle on the premises of a business enterprise operated in a lawful place, other than in a residential district,
and operated in a lawful manner, when the keeping or maintenance of such vehicle is necessary to the operation of such business enterprise; or with regard to a vehicle in an appropriate
storage place or depository maintained in a lawful place and manner by the city or any other public agency or entity. (Ord. 706 §3, 1990).
8.06.040 Abatement by property owners
The owner, owners, tenants, lessees and/or occupants of any lot within the corporate limits of this city upon which such storage is made, and also the owner, owners, and/or lessees of
personalty involved in such storage (all of whom are hereinafter referred to collectively as "owners"), shall jointly and severally abate the nuisance by the prompt removal of the personalty
into completely enclosed buildings authorized to be used for such storage purposes, if within the corporate limits of the city, or otherwise to remove it to a location outside said
corporate limits. (Ord. 706 §4, 1990).
8.06.050 Abatement by city
Whenever the owners fail to abate the nuisance, then the city shall remove the personalty to a location of its selection, the expenses there- for to be billed to said owners, jointly
and severally, the bill to be recoverable in a suit at law.
When the personalty has been removed and placed in storage by the city, as provided for herein, the personalty shall be sold by the city after the lapse of such time as is provided by
law. If the proceeds of such sale are insufficient to pay the costs of abatement, the owners shall be liable to the city for the balance of the costs, jointly and severally, to be recoverable
in a suit at law. If the proceeds are in excess of costs, the balance shall be paid to the owners, or deposited in the city treasury for their use. (Ord. 706 §6, 1990).
8.06.060 Violation – Penalty
If the owners allow the nuisance to exist or fail to abate the nuisance, they, and each of them, upon conviction thereof shall be fined not less than twenty-five dollars nor more than
five hundred dollars for each offense and a separate offense shall be deemed committed on each day during or on which such nuisance is permitted to exist. (Ord. 706 §5, 1990).
NOTE: All Rexburg City Ordinance Misdemeanor violation penalties are hereby amended to be Infraction penalties for the City of Rexburg. (Ordinance 1164 §1, 2017).
8.06.070 Violation of safety regulations for building, facility or park
For additional information about this section please see Ord. 759 §1-3, 1994.
CHAPTER 8.07 SUBSTANCE ABUSE
ARTICLE I METHAMPHETAMINES
8.07.010 Definitions
“Methamphetamine precursor drug(s)” shall mean and refer to any substance that is:
a drug or product containing as its sole active ingredient pseudoephedrine, phenylpropanolamine, or any of their salts, optical isomers, or salts of optical isomers; or
a combination drug or product containing as one (1) of its active ingredients pseudoephedrine, phenylpropanolamine, or any of their salts, optical isomers, or salts of optical isomers.
"Over-the-counter sales" shall mean and refer to a retail sale of a drug or product but does not include the sale of a drug or product pursuant to the terms of a valid prescription.
“Retailer” shall mean and refer to any person, corporation, partnership or other business entity conducting business within the Rexburg City Limits who sells or furnishes any over-the-counter
drug product containing methamphetamine precursor drugs to any person who is the ultimate user or consumer of the product. (Ord. 949 §1 (1), 2005).
8.07.020 Prohibited acts
It shall be unlawful within the incorporated limits of the city for any retailer or employee thereof to knowingly sell, transfer, or to otherwise furnish in any single transaction:
More than three packages of any product that he or she knows to contain more than a total weight of nine (9) grams of methamphetamine precursor drugs.
A methamphetamine precursor drug to a person under the age of 18 years.
The limits established in this section shall not apply to any quantity of methamphetamine precursor drugs dispensed pursuant to a valid prescription. (Ord. 949 §1 (2), 2005).
8.07.030 Accessibility of methamphetamine precursor drugs
A business establishment that offers for sale methamphetamine precursor drugs shall ensure that all packages of the drugs are displayed and offered for sale only:
behind a checkout counter where the public is not permitted; or
inside a locked display case; and
all sales shall be conducted with an employee of the retailer and cannot be conducted by a self-service system. (Ord. 949 §1 (3), 2005).
8.07.040 Penalty
It shall be unlawful and punishable as a misdemeanor to violate any of the provisions of this chapter. (Ord. 949 §1(4), 2005).
NOTE: All Rexburg City Ordinance Misdemeanor violation penalties are hereby amended to be Infraction penalties for the City of Rexburg. (Ordinance 1164 §1, 2017).
ARTICLE II INTOXICATING SUBSTANCES
8.07.050 Sale, ingestion or inhalation of intoxicating chemicals prohibited
It shall be unlawful for any person for the purpose of causing a condition of intoxication, inebriation, excitement, stupefaction or dulling of brain or nervous system to intentionally
sell, ingest or inhale the fumes of any chemical substance containing a solvent or chemical compound having the property of releasing toxic vapors of fumes. (Ord. 532 §1, 1972).
8.07.060 Responsibility of other persons
It shall be unlawful for any person by any act or neglect to encourage, aid or cause any person under the age of eighteen (18) years to come within the preview of this article. (Ord.
532 §2, 1972).
8.07.070 Penalty
Violation of this ordinance shall be punishable by imprisonment in the Madison County Jail for a period not to exceed six (6) months or by a fine not to exceed $300.00, or by both such
imprisonment and fine. (Ord. 532 §3, 1972).
NOTE: All Rexburg City Ordinance Misdemeanor violation penalties are hereby amended to be Infraction penalties for the City of Rexburg. (Ordinance 1164 §1, 2017).
ARTICLE III “SPICE” A SYNTHETIC CANNABIS AN “INTOXICATING CHEMICAL SUBSTANCE
8.07.080 Intoxicating chemical substances
1) Definition and application: As used in this ordinance please see:
a)“Intoxicating chemical substance” shall only mean one or more of the following chemical compounds or their analogs or homologs, whether isolated or contained in any liquid, fiber,
paper, powder, solution, herbal or plant material, aerosol, plasma, incense or other medium:
1-pentyl-3-(1-naphthoyl) indole (JWH-018); naphthalen-1-yl-(1-butylindol-3-yl) methanone (JWH-073); 2 [(1R,3S) 3 hydroxycyclohexyl] 5 (2 methyloctan 2 yl)phenol (CP 47,497);
OR
any artificial chemical substance simulating, copying to a significant degree, or emulating any of the compounds listed in section 1(a)(i) of this ordinance, or any substance regulated
or governed by Idaho Code Title 37, Chapter 27, which substance itself is not presently regulated by that Chapter, capable of causing a condition of intoxication, inebriation, excitement,
stupefaction or the dulling of the brain or nervous system as a result of the ingestion, injection into the bloodstream, or inhalation of the fumes or vapors of such chemical substance;
OR
for purposes of sections II(1)(a), II(1)(b) and II(1)(d) only, any substance or product labeled “Not for Human Consumption,” or any other label warning against humans introducing that
substance or product into the body.
b)“Paraphernalia” shall mean all equipment, products and materials of any kind which are used, intended for use, or designed for use, in injecting, ingesting, inhaling, or
otherwise introducing into the human body, an “intoxicating chemical substance” (as that term is defined herein).
Application. Nothing in this ordinance shall be construed to include, govern over, or regulate any controlled substance or item of drug paraphernalia regulated by the provisions
of Idaho Code Title 37, Chapter 27, the Uniform Controlled Substances
Act. (Ord. 1058 §1, 2010)
8.07.090 Abuse of an intoxicating chemical substance
A person is guilty of abuse of intoxicating chemical substances if:
For additional information please see Ord. 1058 §2, 2010
8.07.100 Delivery of an intoxicating chemical substance
A person is guilty of delivery of an intoxicating chemical substance if that person offers, sells, delivers, or provides an intoxicating chemical substance to another person or entity.
(Ord. 1058 §3, 2010)
8.07.110 Manufacture of an intoxicating chemical substance
A person is guilty of the manufacture of an intoxicating chemical substance if that person creates, manufactures, cultivates, transports, produces, or processes an intoxicating
chemical substance. (Ord. 1058 §4, 2010)
8.07.120 Penalties
For additional information about any person who violates this ordinance please see Ord. 1058 §5, 2010)
CHAPTER 8.08 TREES AND PLANTS
8.08.010 Definitions
For additional information on this section please see Ord. 919 §1, 2004.
8.08.020 Applicability
This Chapter establishes regulations and standards necessary to ensure that the City continues to realize the benefits provided by the Community Forest. It is not intended to resolve
or regulate disputes over trees on private property that do not affect general public safety. This ordinance is enacted to:
Promote the general welfare of the City by establishing and maintaining the maximum amount of canopy coverage provided by trees;
Preserve and enhance the City's environmental, economic and social character with mature trees;
Protect public safety, health & welfare;
Encourage site and utility planning, building, and development practices to prevent indiscriminate removal or destruction of trees and avoid unnecessary disturbance to trees within the
City and its Area of Impact;
Maintain trees in a healthy, non-hazardous condition through application of tree care standards contained in ANSI A300;
Establish and maintain appropriate species diversity and age classes in order to provide a stable and sustainable community forest;
Establish a process by which public trees are to be planted, pruned and removed;
Implement the goals and objectives of the City's Comprehensive Plan. (Ord. 919 §2, 2004).
8.08.030 Jurisdiction
This Chapter shall apply to the following properties as set forth:
Public Property: The City Tree Commission shall manage and regulate the planting, maintenance, protection, removal and replacement of all public trees within the City limits; thus exercising
the City’s authority to do so granted pursuant to the provisions of Idaho Code 50-312 - Improvements of Streets, Idaho Code 50-317 - Removal of snow, ice rubbish and weeds, Idaho Code
1415 (7) Responsibilities of single county-wide highway districts within cities – Final decision on urban renewal projects – Settlement of questions.
Private Property: The City Tree Commission shall have jurisdiction over trees located on private property which are found to be public nuisances and may cut and remove those trees from
all private property within the city and the public rights of way abutting the same and may assess the cost thereof against the property so cleared, and against the property abutting
public rights of way so cleared, as provided for in Idaho Code 50-317. The assessment shall be collected as provided in Idaho Code 50-1008.
Area of Impact: The City Tree Commission shall make recommendations with respect to trees that are of general public interest within the Impact area. Such general public interest shall
include, but not be limited to, trees that will impact visually the public rights of way, trees that overhang public owned properties, and trees that are of such a nature as to have
significant public recognition. (Ord. 919 §3, 2004).
8.08.040 Establishment or designation of Commission
The Mayor with the assistance of the City Council shall designate a City Tree Commission, which shall consist of not less than five (5) nor more than fifteen (15) individuals, but can
be an existing commission provided it meets the above requirements, and authorize such persons or commission to perform the duties imposed and exercise the powers granted by this chapter.
For the purposes of this Chapter, the City Tree Commission, is hereby authorized to carry out the following duties:
Administrative/Management Duties
For a detailed list please see Ord. 919 §4, 2004
Tree Planting Duties
For a detailed list please see Ord. 919 §4, 2004
Tree Maintenance Duties
For a detailed list please see Ord. 919 §4, 2004
Tree Removal Duties
For a detailed list please see Ord. 919 §4, 2004
Tree Protection Duties
For a detailed list please see Ord. 919 §4, 2004.
8.08.050 Responsibilities of adjacent property owners
Any person in possession of private property shall maintain trees upon adjacent public rights of way and any trees upon private property which may affect public property, in a safe and
healthy condition in compliance with the provisions of this Chapter. Adjacent property owners have the following responsibilities:
Responsibilities for public trees
For a detailed list please see Ord. 919 §5, 2004.
2) Responsibilities for private trees
For a detailed list please see Ord. 919 §5, 2004
8.08.060 Permits
No person may perform any of the following acts without first obtaining from the City Tree Commission a permit for which no fee shall be charged, and nothing in this section shall be
construed to exempt any person from the requirements of obtaining any additional permits as required by law:
For additional information please see Ord. 919 §6, 2004
Permit Application Procedures
For additional information please see Ord. 919 §6, 2004
Public Tree Planting Permits – Requirements
For additional informationa please see Ord. 919 §6, 2004
Tree Pruning/Removal Permits – Requirements
For additional informationa please see Ord. 919 §6, 2004
8.08.070 Penalties for violation
Any person who violates any provision of this Chapter or who fails to comply with a lawful order of the City Tree Commission shall be guilty of a misdemeanor. Any person convicted of
a misdemeanor under the provisions of this Chapter may be punished by a fine not to exceed $300 or be imprisoned in the County Jail facility for a period not to exceed 6 months or by
both such fine and imprisonment.
In addition to any criminal penalties that may be imposed, the City may pursue civil penalties and restitution for actual damages. (Ord. 919 §7, 2004).
8.08.080 Public nuisances
The following are hereby declared public nuisances under this Chapter:
Any tree, shrub or plant or part thereof (public or private) which, by reason of location or condition, constitutes a hazard to public safety as determined by the City Tree Commission.
Any tree, shrub or plant or part thereof (on public or private property) which obstructs the free passage of pedestrian or vehicular traffic upon public rights of- way or which obstructs
public street lighting.
Any tree, shrub, plant or alternate host plant or part thereof (on public or private property) which harbors pests which reasonably may be expected to injure or harm public trees. (Ord.
919 §8, 2004).
8.08.090 Abatement of public nuisances
The following are the prescribed means of abating public nuisances under this Chapter:
Any tree, shrub, plant or alternate host plant or part thereof (public or private) declared to be a public nuisance shall be pruned, removed or otherwise treated in accordance with the
requirements of this Chapter. Except for removal of trees from public rights-of-way, all costs for nuisance abatement are the responsibility of the adjacent property owner.
The City Tree Commission may cause a written notice to be personally served or sent by mail to the owner of a particular property declaring the existence of a nuisance, and the means
by which abatement may be accomplished.
In the event the nuisance is not abated by the date specified in the notice, the City Tree Commission is authorized to cause the abatement of said nuisance. The reasonable cost of such
abatement may be charged to the subject property owner. Monies which have not been recovered through the City bill collection procedures may result in a lien against the property or
assessed on taxes as provided for in Idaho Code Title 50. In addition, the owner of the property upon which the nuisance is located may be subject to prosecution under this Chapter,
or any other Chapter of the City Code or the Idaho Code for maintaining a public nuisance. Nothing in this provision shall be construed to exempt any person from the requirement of
obtaining permits.
The City Tree Commission is empowered to cause the immediate abatement of any nuisance if it is determined by the City Tree Commission to be an emergency or pose an immediate hazard
to public safety.
If the City Tree Commission determines that disposal of the wood, branches and soil from removal or pruning of a nuisance tree is required to complete abatement, such disposal shall
be done as required by the City Tree Commission. All costs associated with the disposal of material from private trees shall be the responsibility of the property owner. (Ord. 919
§9, 2004).
8.08.100 Appeals
Any person affected by an order, grant, denial, or revocation of a license or permit by the City Tree Commission may appeal such order, grant, denial or revocation to the Rexburg City
Council.
Such appeal shall be filed in writing and submitted to the City Clerk within 10 days of the date of notification of the decision of the City Tree Commission.
The appeal shall be heard by the City Council within 30 days of the appeal being filed, and any action by the City Tree Commission and the appellant shall be delayed until the decision
of the City Council is rendered.
The City Council may in conformity with the provisions of this Chapter reverse or affirm or modify wholly or partly, the order, grant, denial or revocation of any permit and the decision
of the City Tree Commission.
The decision of the City Council shall be deemed final. (Ord. 919 §10, 2004).
8.08.110 Severability
The provisions of this Chapter shall be deemed severable and a finding by a court of law that a provision of this Chapter is unlawful shall have no effect on the remaining provisions.
(Ord. 919 §11, 2004).
CHAPTER 8.09 JAYWALKING
8.09.010 Purpose
The purposes of this Ordinance are:
To regulate and prohibit random or uncontrolled access to public roadways by pedestrians;
To protect public roadways from being impeded by pedestrians;
To reduce accidents associated with pedestrian and vehicle conflicts; and
To protect and promote the peace, health, safety, welfare and tranquility of the community and citizens of the City of Rexburg. (Ord. 867 §1, 2002).
8.09.020 Definitions
Certain words and phrases used in this chapter are defined as follows:
Pedestrian: Any person afoot, any person operating a wheelchair or a motorized wheelchair, or any person upon a bicycle engaged in the use of a designated bike or pedestrian path.
Pedestrian Path: Any path, sidewalk or way set-aside for the use of pedestrians.
Public Roadway: All portions of any highway which are controlled by any governmental authority, including highways within the jurisdictional limits of the City of Rexburg. (Ord. 867
§2, 2002).
8.09.030 Unlawful crossing of public roadways
Any pedestrian who crosses, or attempts to cross a public roadway at any point other than a designated crossing, within the City of Rexburg, shall be guilty of an Infraction. (Ord.
867 §3, 2002).
8.09.040 Designating crossings
There shall be established, crosswalks within the City of Rexburg, as determined appropriate by the City Engineer, Public Works Coordinator, Safety and Traffic Committee, or any other
designated representative of the City of Rexburg. Such designated crossings shall be identified and marked in such a way as to make them clearly identifiable to the reasonable public,
and where practicable in accordance with the Manual on Uniform Traffic Control Devices. (Ord. 867 §4, 2002).
8.09.050 Defenses
It shall be a defense to the offense of Unlawful Crossing of a Public Roadway, if there are no Designated Crossings within Five Hundred feet (500') of the point at which the crossing
occurred. (Ord. 867 §5, 2002).
8.09.060 Enforcement
The peace officer shall not issue a citation under this chapter unless the officer reasonably believes that a violation has occurred and that, based on any response and all other circumstances,
no defense is present. (Ord. 867 §6, 2002).
8.09.70 Violation – Penalties
Any person who violates a provision of this chapter shall be guilty of an infraction and upon conviction shall be punished by a fine set forth in here. (Ord. 867 §7, 2002).
CHAPTER 8.10 CLEAN AIR – BOWLING ALLEYS
8.10.010 Purpose
The purpose of this Chapter is to protect and promote the peace, health, safety, welfare and tranquility of the community and citizens of the City of Rexburg. (Ord. 931 §1, 2005).
8.10.020 Prohibitions
Within the City Limits of Rexburg, in additions to the facilities identified in Idaho Statute Title 39, Chapter 55 as having smoking prohibitions, no person shall smoke in a bowling
alley, or in any part of the structure housing a bowling alley. (Ord. 931 §2, 2005).
8.10.030 Owner responsibilities
Any employer or other person in charge of a bowling alley or other establishment within a common structure with a bowling alley, shall be responsible for insuring to the best of their
ability that no smoking of tobacco products occurs in violation of this Chapter. (Ord. 931 §3, 2005).
8.10.040 Penalties
Any person who violates a provision of this chapter shall be guilty of an infraction, and shall be subject to a fine set forth in here.
Upon a second conviction within a three year period, the person shall be guilty of a misdemeanor and punished pursuant to Idaho Code, Section 18-113, as amended, and be fined according
to Appendix 3, in conjunction with any other sentence or costs deemed appropriate by the Court.
Upon a third or greater conviction within a three year period, the person shall be guilty of a misdemeanor and punished pursuant to Idaho Code, Section 18-113, as amended, and be fined
according to here, in conjunction with any other sentence or costs deemed appropriate by the Court. (Ord. 931 §4, 2005).
CHAPTER 8.11 COMMUNITY SAFETY LIGHTING
8.11.010 Community Safety Lighting Established
1) In the interest of maintaining safe streets for pedestrian use, as well as accommodating public utility functions such as garbage collection, snow removal, and other water and wastewater
services during the non-daylight hours, the City of Rexburg hereby establishes a street lighting system intended to create safe travel and protection of property within the corporate
limits of the City of Rexburg.
2) Projects, shown on the attached and hereby incorporated Community Safety Lighting Resolution, shall be priority projects for purposes of this Chapter. (Ord. 1025 §1, 2009).
8.11.020 Criteria and Standards
The following streetlight criteria and standards have been applied and shall hereafter apply to provide uniform lighting within each zone sufficient for public safety and the protection
of improved real property:
In the arterial illumination zone, lights shall be placed at all intersections and at all highway overpasses; provided, however, that the placement of such lights shall be
determined by the city engineer in conformance with the policies and purposes expressed in this chapter.
In moderate and high illumination intensity zones lights shall be placed at every intersection where practical. Where blocks are longer than one thousand feet (1,000'), an additional
light shall be placed near the middle of the block.
In the residential illumination intensity zone, lights shall be placed at intersections where practical. Where blocks exceed six hundred feet (600') in length, lights shall, where practical,
be placed so that no property frontage is a distance of more than three hundred feet (300') from the nearest light. (Ord. 1025 §2, 2009).
8.11.030 Costs
The costs of all street lighting within the City of Rexburg shall be financed by charges assessed to the owners and occupants of improved real property. The charges assessed shall be
included in the general utility billing as a separate item and as set forth in this Chapter; provided, however, that the costs of installing lighting to illuminate parks and playfields
shall be excluded and paid from the City General Fund.
For additional information please see Ord. 1025 §3, 2009
Improved real property, within the meaning of this Chapter, shall include real estate which:
For additional information please see Ord. 1025 §3, 2009
Exceptions to the category of improved real property shall include:
For additional information please see Ord. 1025 §3, 2009
Street lighting charges provided in this chapter are assessed to the owners and/or occupants of improved real property. (Ord. 1025 §3, 2009).
8.11.040 Where Minimum Lighting Standards Not Met
In areas where the lighting does not meet the minimum lighting standards as provided in this Chapter, proper lights shall be installed to meet such standards as soon as practicable.
(Ord. 1025 §4, 2009).
8.11.050 Service Charges Assessment
1) The owners and occupants of all improved real property within the City of Rexburg are assessed service charges for street lighting in an amount consistent with the attached and
hereby incorporated Resolution of Community Safety Lighting Fee.
For the purposes of this Chapter, residential property shall include property having one or two single family occupancy of living accommodations on a permanent or semi-permanent basis,
but shall exclude institutional living arrangements involving special types of care or forced residence and also excluding more than two living units, dormitory style accommodations
or hotel/motel type living accommodations.
Where improved real property with only one water service is used, both as residential property and nonresidential property, the property shall be considered nonresidential improved real
property.
Such service charges are assessed, effective June 04, 2009. The owners and occupants of improved real property shall be jointly and severally liable for such charges and the charges
shall become a lien upon and against the property against which the charge is levied to the extent permitted by the laws of the State of Idaho and the ordinances of the City of Rexburg
and may be collected in any manner permitted or hereafter permitted by such laws and ordinances.
The foregoing charges are fixed and determined in amounts determined sufficient to pay the costs of street lighting within the City of Rexburg. Such charges shall be changed or amended
by the City Council from time to time, as determined necessary to finance such street lighting costs. Any changes or amendments to such service charges may be made and fixed by the
City Council by resolution. Three (3) copies of such resolution, duly certified by the City Clerk, shall be kept on file in the office of the City Clerk for the use of and examination
by the public. (Ord. 1025 §5, 2009).
8.11.060 Computation of Charges
Street lighting service charges shall from time to time be amended, in accordance with all applicable rules and regulations, and set forth in the form of a fee resolution established
by the City in their capacity of providing for safe streets within the City of Rexburg. (Ord. 1025 §6, 2009).
CHAPTER 8.12 SECURITY ALARMS OF BUSINESSES AND HOMES
8.12.010 Purpose
The purpose of this Chapter is to reduce the number of false security alarms, thereby reducing the costs to the City and the burden on police services arising from an increasing number
of false security alarms, and diminishing the risk of harm to officers and the public. By regulating security alarm businesses and systems, the City seeks to encourage well-maintained
and accurate security alarms while improving the ability of police to respond quickly to critical calls. (Ord. 1090 §1, 2009).
8.12.020 Definitions
For the purposes of this Chapter, the following terms, phrases, and words, and derivations thereof, shall have the meanings given in this section.
ALARM COMPANY: Any persons engaged in the business of selling, installing, maintaining, servicing, repairing, altering, replacing, or moving an Alarm System in businesses or residences
located within the City, as well as any persons engaged in the business of monitoring alarm systems located within the City and summoning police response to activations thereof.
ALARM OFFICER: The Chief of the Rexburg Police Department or his or her designee.
ALARM SYSTEM: Any mechanism, equipment, or device which is designed to detect an unauthorized entry into any building or onto any property, or to direct attention to a robbery, burglary,
or other emergency in progress, and to signal the above occurrences either by local or audible alarm or by silent or remote alarm.
ALARM USER: Any person who owns and renders operable any alarm system or who contracts for the servicing or maintenance of an alarm system within any building, structure, or property
located within the City.
AUDIBLE ALARM: An alarm system which when activated generates sound or signal that is audible from the immediate vicinity of the premises where the alarm system is located.
AUTOMATIC DIALING DEVICE: An alarm system which automatically contacts the City of Rexburg or any law enforcement dispatch service thereof by sending, over a telephone line, by direct
connection, internet, or otherwise, a pre-recorded voice message or coded signal indicating the existence of an emergency situation.
CALENDAR YEAR: The period between and including January 1 and December 31 of any given year.
CITY: The City of Rexburg, Idaho.
EMERGENCY: Any condition, including but not limited to fire, smoke, or the commission or attempted commission of a robbery, burglary, or other criminal action, which requires or is
expected to require a response from police or public safety personnel.
FALSE ALARM: The activation of an alarm system under conditions which the responding officer cannot reasonably determine to have been an emergency. False alarms include, but are not
limited to: alarms resulting from user error of any kind, alarms caused by faulty, inappropriately selected, or poorly installed equipment, and alarms set off by conditions of nature
which are normal for the area. False alarms shall not include alarms caused by unusual natural occurrences such as hurricanes, tornadoes, earthquakes, or by other extraordinary circumstances
determined by the alarm officer to be clearly beyond the control of the alarm user.
PERSON: Any individual, partnership, association, corporation, limited liability company, trust, or organization of any kind, including a government entity or political subdivision
thereof. (Ord. 1090 §2, 2009).
8.12.030 Duties of Alarm Companies
For the complete list of the Alarm Companies Duties please see Ord. 1090 §3, 2009.
Duties of Alarm Users
For the complete list of the Alarm Users Duties please see Ord. 1090 §4, 2009.
8.12.050 False Alarms; Penalties
Following a police visit to any structure or property in the City in response to a false alarm, the City shall be authorized to impose the following penalties and requirements on the
alarm user responsible for the alarm system that triggered the false alarm. For the complete list of the penalties please see (Ord. 1090 §5, 2009).
8.12.060 Violations
Any person who violates any provision of this Chapter shall be guilty of a misdemeanor. (Ord. 1090 §6, 2009).
TITLE 9 PUBLIC PEACE, MORALS AND WELFARE
Title 9 sets forth the provisions regulating activities that jeopardize the public peace and welfare.
For statutory provisions authorizing a city to pass all ordinances necessary to maintain the peace, and to enforce same, see Idaho Code §50-302. For constitutional provisions allowing
municipal corporations to make and enforce local police regulations, see Idaho Const. Art. 12 §2. For statutory provisions regarding gambling, see Idaho Code §18-3801 et seq. For statutory
provisions concerning the escape or rescue of prisoners, see Idaho Code §18-2501 et seq.
CHAPTER 9.01 SNOWBALLS AND OTHER OBJECTS THROWN
9.01.010 Objects thrown – Prohibited
It is unlawful for any person within the city limits of Rexburg, Idaho, to willfully or carelessly throw any stone, stick, snowball, egg, bomb, missile, or other substance whereby any
person is hit, or any window broken or any property injured or destroyed. (Ord. 639 §2, 1981).
9.01.020 Obstructing streets and sidewalks – Prohibited
It is unlawful for a person within the city limits of Rexburg, Idaho, to stand, obstruct, place or cause to be placed, any obstruction or to cause any object to be thrown or placed upon
any street or sidewalk in such a manner as to render travel upon the public streets, sidewalks, parking lots or public places of Rexburg, Idaho, hazardous, dangerous, frightening or
annoying to any pedestrian or traveler. (Ord. 639 §2, 1981).
9.01.030 Violation of Sections 9.01.010-9.01.020 – Penalty
The violation of Section 9.01.010 constitutes a misdemeanor. (Ord. 639 §2, 1981).
NOTE: All Rexburg City Ordinance Misdemeanor violation penalties are hereby amended to be Infraction penalties for the City of Rexburg. (Ordinance 1164 §1, 2017).
CHAPTER 9.02 WEAPONS
9.02.010 Discharging explosives prohibited
It shall be unlawful for any person to discharge any fire cracker, firework not designated as a "safe and sane" firework, torpedo, firearm, air gun, pneumatic gun, spring gun, B B gun,
rocket, grenade, Molotov cocktail, artillery projectile, pistol, catapult, flipper, ice bomb, pipe bomb, black powder bomb, or any other item(s), bomb(s) or explosive(s) capable of
damaging property or injuring persons or animals within the corporate limits of the City of Rexburg, Idaho. (Ord. 714 §1, 1991).
9.02.020 Discharging fireworks allowed on Fourth of July
That it shall be unlawful for any person to discharge any fire crackers, cannon crackers, torpedoes, fire arms, air guns, within corporate limits of the City of Rexburg, Idaho; provided
that fireworks may be discharged on the Fourth of July and such other occasion under such regulations and restrictions as the Mayor may prescribe by proclamation. (Ord. 66 §1, 1903,
amended by Ord. 714).
9.02.030 Possessing or producing explosives prohibited
It shall be unlawful for any person to possess, make, manufacture, or have physical control over any firework not designated as a "safe and sane" firework, torpedo, grenade, molotov
cocktail, artillery projectile, ice bomb, pipe bomb, black powder bomb, or any other type of bomb, explosive, components thereof, or similar item(s) capable of damaging property or
injuring humans or animals within the corporate limits of the City of Rexburg, Idaho. (Ord. 714 §2, 1991).
9.02.040 Prohibited explosives – special permit
No person shall discharge any non safe and sane firework anywhere in the city, except at a public exhibition pursuant to special written permit issued by the Rexburg City Fire Chief.
(Ord. 714 §3, 1991).
9.02.050 Violation – Penalty
Any person violating any provision of this chapter shall be guilty of a misdemeanor, punishable by imprisonment, in the county jail not exceeding six (6) months, or by a fine not exceeding
three hundred dollars ($300), or by both. (Ord. 714 §4(part), 1991).
NOTE: All Rexburg City Ordinance Misdemeanor violation penalties are hereby amended to be Infraction penalties for the City of Rexburg. (Ordinance 1164 §1, 2017).
CHAPTER 9.03 JUVENILE CURFEW
9.03.010 Purpose
The purposes of this chapter are:
To regulate and prohibit minors from remaining in public places during certain hours of the day;
To protect minors from each other and from other adult perpetrators of crime;
To reduce nocturnal juvenile crime and juvenile delinquency;
To promote family responsibility and parental control over their children; and
To protect and promote the peace, health, safety, welfare and tranquility of the community and citizens of the city of Rexburg. (Ord. 801 §1, 1997: Ord. 789 §1, 1996).
9.03.020 Definitions
For additional information on this section please see Ord. 801 §2, 1997 (History: Ord. 789 §2, 1996).
9.03.030 Juvenile curfew
Any minor who is found in any public place or on the premises of any establishment within the city during curfew hours is guilty of a misdemeanor. (Ord. 801 §3, 1997: Ord. 789 §3, 1996).
9.03.040 Parental violation of curfew hours
Any parent or guardian of a minor is guilty of a misdemeanor if he or she knowingly permits, or by culpable indifference allows, such minor to be found in any public place or on the
premises of any establishment within the city during curfew hours. (Ord. 801 §4, 1997: Ord. 789 §4, 1996).
9.03.050 Violation of curfew hours by business establishment
Any owner, operator or any employee or other person in control of an establishment is guilty of a misdemeanor if he or she knowingly or willingly allows any minor to be upon the premises
of the establishment during curfew hours. (Ord. 801 §5, 1997: Ord. 789 §5, 1996).
9.03.060 Defenses
The following shall be a defense to prosecution under this chapter:
It is a defense to prosecution if the offending minor was:
For a complete list of requirements please see Ord. 801 §6, 1997: Ord. 789 §6, 1996
It is a defense to prosecution under Section 9.03.050 that the owner, operator or employee of an establishment asked the minor to leave the premises and promptly notified the police
department that a minor is present on the premises of the establishment during curfew hours and refuses to leave. (Ord. 801 §6, 1997: Ord. 789 §6, 1996).
9.03.070 Enforcement
Before taking any enforcement action under this chapter, a peace officer shall ask the apparent offending minor's age and reason for being in the public place or establishment. The peace
officer shall not issue a citation or make an arrest under this chapter unless the officer reasonably believes that a violation has occurred and that, based on any response and all
other circumstances, no defense is present. Any peace officer who arrests a minor under this chapter shall immediately take the minor to the police station and summon his or her parent
or guardian. If the minor's parent or guardian arrives within a reasonable period of time, the minor shall be released upon the recognizance of his or her parent or guardian. If the
parent or guardian cannot be located or does not appear at the police station within a reasonable period of time, the minor shall be kept in the custody of the police department or
shall be turned over to juvenile authorities and thereafter shall remain in their custody in the manner provided by law. (Ord. 801 §7, 1997: Ord. 789 §7, 1996).
9.03.080 Penalties
Any person who violates a provision of this chapter shall be guilty of a misdemeanor and punished pursuant to Idaho Code, Section 18-113, as amended, and with the following qualifications:
Upon a second conviction within a three-year period, of a parent or guardian for a violation of Section 9.03.040 of this chapter, the parent or guardian shall be fined no less than one
hundred dollars in conjunction with any other sentence or costs deemed appropriate, by the court.
Upon a third or greater conviction within a three year period, of a parent or guardian for a violation of Section 9.03.040 of this chapter, the parent or guardian shall be fined no less
than two hundred fifty dollars in conjunction with any other sentence or costs deemed appropriate by the court. (Ord. 801 §8, 1997: Ord. 789 §8, 1996).
CHAPTER 9.04 HOUSE OF ILL-FAME
9.04.010 Prostitution prohibited
If any person shall within the corporate limits of the City of Rexburg, or within three miles form the outer boundary thereof, keep a house of ill-fame, bawdy house or other disorderly
house or place resorted for the illicit sexual commerce or lewdness or shall reside in or resort to, for the purpose of lewdness, illicit sexual gratification, prostitution or disorderly
conduct or who shall loiter in or around any house of ill-fame, bawdy or other disorderly house or place resorted to for illicit gratification, prostitution or lewdness or used by one
or more females for the purpose of illicit sexual commerce or lewdness or shall let or lease any place or house form any such purpose he shall be liable to a fine in any sum not to
exceed one hundred dollars or to imprisonment not exceeding one hundred days at the discretion of the court. Or to both such fine and imprisonment. Every person having charge care or
control or any of the house named in this shall for the purpose of prosecution be deemed the keeper thereof. (Ord. 134 §1(part), 1909).
9.04.020 Enforcement
Whenever any peace officer of the city has reasonable grounds to believe that any house or place is kept for the purposes named in the preceding section, it shall be lawful for such
officer to enter such house or place without warrant and to arrest all persons found therein, and take them before the Police Justice of the city for trial. (Ord. 80 §69, 1904).
9.04.030 Violation – Penalty
It shall be unlawful for any person or persons to ply the vocation of prostitutes or for any person or persons to have illicit sexual intercourse with any person plying the vocation
of prostitution whether the same be for sexual gratification or for hire, or for any person or persons to have illicit sexual intercourse, at any place within the corporate limits of
the City of Rexburg. Every person violating any of the provisions of this section shall be guilty of a misdemeanor. (Ord. 134 §1(part), 1909).
NOTE: All Rexburg City Ordinance Misdemeanor violation penalties are hereby amended to be Infraction penalties for the City of Rexburg. (Ordinance 1164 §1, 2017).
CHAPTER 9.05 GAMBLING
9.05.010 Gambling prohibited
Any person by who shall within the City of Rexburg, deal, play, or carry on, or shall open, or cause to be opened or shall suffer or permit to be opened or carried on in any premises
under his control or management, or shall conduct either as owner, employee, or lessee, whether for hire or not any game of faro, monte, roulette, lausgrenet, rouge et noir, rondo
or any game played with cards, dice, or any other device, for money, checks, credit or any other representative of values; or who runs, operates , or suffers to be run or operated upon
any premises under his control or management, any slot machine, shall upon conviction thereof, be fined in any sum not less than twenty-five ($25) dollars. (Ord. 71, §1, 1903).
9.05.020 Enforcement
Whenever any police judge or justice of the peace shall have knowledge or shall receive satisfactory information that there is any gambling table or gambling device adopted or devised
and designated for the purpose of playing any of the games of chance prohibited in section 9.05.010, within his jurisdiction, it shall bear his duty to forthwith issue his warrant directed
to the chief of police or any peace officer, to seize and bring before him such gambling table or other device, and cause the same to be publically destroyed, by burning or otherwise.
(Ord. 71 §2, 1903).
CHAPTER 9.06 PUBLIC INTOXICATION
9.06.010 Public drunkenness
Any person who shall be in the streets, or alleys, or other public places, within the corporate limits of the City of Rexburg, or in view of the public gaze, in a state of drunkenness,
or shall expose his or her person indecently, or obscenely, or who shall, in any such public place of said City of Rexburg, in a loud, angry, or threatening manner, use any vulgar,
obscene, or profane language of an insulting character, tending in any way to injure, or harm, or offend the senses of any person or persons or whereby the peace and quiet of the inhabitants
of said City of Rexburg may be deemed guilty of a misdemeanor. (Ord. 72 §4, 1903).
CHAPTER 9.07 NOISE*
*Note to Chapter 9.07: For provisions regarding vehicular noise, see Idaho Code §67-7125.
9.07.010 Disturbing the peace
Any person who maliciously and willfully disturbs the peace of any neighborhood, family, 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 of hearing of children, in a
loud and boisterous manner, is guilty of a misdemeanor. (Idaho Code §18-6409).
9.07.020 Unlawful use of engine brakes and compression brakes
It shall be unlawful for the driver of any vehicle to use or operate or cause to be used or operated within the corporate city limits of the City of Rexburg, any engine brake, compression
brake or mechanical exhaust device designed to aid in the braking or deceleration of any vehicle that results in excessive, loud, unusual, or explosive noise from such vehicle. (Ord.
906 §1, 2003).
9.07.030 Engine brakes – Severability
If any section, provision, or part of this ordinance shall be adjudged to be invalid or unconstitutional, such adjudication shall not affect the validity of the ordinance as a whole
or any section, provision, or part thereof, not adjudged invalid or unconstitutional. (Ord. 906 §2, 2003).
9.07.040 Engine brakes – Penalty
Violation of this chapter shall be deemed an infraction. The scheduled fine for a violation of this section 9.07.020 shall be set forth in here. (Ord. 906 §3, 2003).
NOTE: All Rexburg City Ordinance Misdemeanor violation penalties are hereby amended to be Infraction penalties for the City of Rexburg. (Ordinance 1164 §1, 2017).
CHAPTER 9.08 VAGRANCY
9.08.010 Vagrancy prohibited – Penalty
Persons within the limits of the city, who have the physical ability to work, not having visible means of support, living idly, or who are found loitering about the streets and public
places, or lodging in the nighttime upon the premises of others and not giving a satisfactory account of themselves and all common drunkards shall be deemed vagrants, and on conviction
shall be liable for each offense to a fine in any sum less than one hundred dollars or to imprisonment. (Ord. 72 §7, 1903).
NOTE: All Rexburg City Ordinance Misdemeanor violation penalties are hereby amended to be Infraction penalties for the City of Rexburg. (Ordinance 1164 §1, 2017).
ITLE 10 VEHICLES AND TRAFFIC
Title 10 sets forth the vehicle and traffic laws of the City.
For statutory provisions authorizing cities to regulate all public ways and streets within their jurisdiction, see Idaho Code §§50-313 and 50-314. For provisions authorizing cities to
enact
ordinances to provide additional rules and regulations over and above the state regulations, see Idaho Code §49-202. For provisions specifying areas which cities have jurisdiction to
regulate, see Idaho Code §49-529.
CHAPTER 10.01 IDAHO MOTOR VEHICLE LAWS*
*Note to Chapter 10.01: For statutory provisions authorizing adoption of certain code by reference, see Idaho Code §50-901. For the Idaho Motor Vehicle Laws, see Idaho Code Title 49.
10.01.010 Intent of provisions
It is declared to be the intent of the governing body of the city to aid and assist, by whatever means possible, for the utmost consistency in traffic regulation among and between agencies
of Idaho having such jurisdiction. Toward that end, adoption of the Idaho Motor Vehicle Laws by the cities of Idaho is a necessary means of assuring maximum uniformity within the state.
(Ord. 511 §1, 1971).
10.01.020 State Motor Vehicle Laws – Adopted by reference
There is adopted, for the purpose of establishing rules and regulations for the use of all streets and public thoroughfares of the city, that certain code identified as the 1969 Revised
Edition, Idaho Motor Vehicles Laws, more particularly Title 49, Idaho Code, published by the Department of Law Enforcement, and as the same may hereafter be revised by the Idaho Legislature
or amended by the governing body, and the same is adopted and incorporated as an ordinance of the city as fully as though set forth at length in this chapter. (Ord. 511 §2, 1971).
10.01.030 State Motor Vehicle Laws – Copies on file for public use
Three copies of the Idaho Motor Vehicle Laws adopted in Section 10.01.020, together with any revisions or amendments, duly certified by the city clerk-treasurer, shall be kept on file
in the clerk--treasurer's office for use and examination of and by the public. (Ord. 511 §3, 1971).
CHAPTER 10.02 GENERAL PROVISIONS*
*Note to Chapter 10.02: For provisions concerning obedience to traffic regulations, exempting emergency vehicles, see Idaho Code §49-522 et seq.
For statutory provisions setting out definitions for the Idaho Motor Vehicle Laws, see Idaho Code §§49-101, 49-201, 49-301 et seq., 49-401, 49-501 et seq., 49-1201, 49-1501, 49-1801,
49-2301, 49-2402 and 49-2603.
10.02.010 Applicability of provisions
The provisions of this title relating to the operation of vehicles refer exclusively to the operation of vehicles upon the streets and roadways within the limits of the city. (Ord. 482
§3(1), 1968).
10.02.020 Noncompliance deemed misdemeanor
It is unlawful and it is a misdemeanor for any person to do any act forbidden, or fail to perform any act required in this title. (Ord. 482 §3(3), 1968).
10.02.030 Vehicle and traffic definitions
The following words and phrases when used in this Chapter shall have the meanings respectively ascribed to them:
For the complete list of the definition please see Ord. 482 §1, 1968.
CHAPTER 10.03 ENFORCEMENT*
*Note to Chapter 10.03: For statutory provisions concerning backing, obstruction of driver's view, interference with fire equipment, depositing litter on street, and motorcycle riding,
see Idaho Code §49-604 et seq.; for provisions requiring that all motor vehicles driven upon the highways of the state be registered and licensed, see Idaho Code §49-402; for provisions
concerning stopping when approaching a school bus with the stop arm extended, see Idaho Code §49-1422.
10.03.010 Applicability of State laws
All traffic laws of the State and the rules and regulations thereunder, not covered by this ordinance, shall apply to and cover the operation of vehicles and traffic upon the streets
of the City to the same effect as if incorporated herein. (Ord. 482 §3(2), 1968).
10.03.020 Officer authority
Officers of the police department shall have the power and it shall be their duty to enforce all traffic regulations, including applicable state laws, within the city; to make arrests
for traffic violations; to require all persons using the streets of the city to do so carefully, safely and with the exercise of care for the person, property and safety of others;
and, in accordance with the provisions of this title, to safeguard and protect the surface and other paved portions of the streets and enforce any laws for highway safety; to regulate
traffic on all the streets and roadways within the city; to make arrests for traffic violations; to investigate accidents; to cooperate with state, county and other officials in the
administration of traffic laws and in developing ways and means to improve traffic conditions, and to carry out all such other duties as are specially imposed upon the department by
this title. (Ord. 482 §2(2), 1968).
10.03.030 Obedience to police officers
No person shall lawfully fail or refuse to comply with any lawful order or direction of any police officer vested by law with authority to direct, control or regulate traffic. (Ord.
482 §3(4), 1968).
10.03.040 Obedience by police officers
The provisions of this Chapter applicable to the driving of vehicles upon the streets shall apply to the drivers of all vehicles owned or operated by the City, by the United States,
the State or any other County, City, Village or other political subdivision of the State, except as provided in this Chapter, and subject to such exemptions as are set forth in this
Chapter with reference to authorized emergency vehicles. (Ord. 482 §3(5), 1968).
10.03.050 Traffic record requirements
The police department shall keep and maintain traffic records in respect to the following matters, such records to accumulate for a period of at least five years and thereafter such
records shall be maintained complete for at least the most recent five-year period.
The police department shall keep a record of all violations of traffic regulations (except standing or parking violations) of which any person has been charged, together with a record
of the final disposition of all such cases.
The police department shall keep a record of all accidents investigated by the department and of the disposition of all cases where arrests and prosecutions of persons for causing or
contributing to such accidents have been made.
The police department shall keep and maintain a record of the traffic accidents, warnings, arrests and convictions of each driver charged with violations of this title (except for violations
of standing or parking regulations) which shall be filed alphabetically under the name of the driver concerned, and it shall be the duty of the police department to bring to the attention
of the court, in the prosecution of any driver for a traffic violation, any record of prior violations charged against such driver so maintained by the department.
All records required to be kept under the provisions of this section shall be public records. (Ord. 482 §2(3), 1968).
10.03.060 Accident investigation duties
It shall be the duty of the police department officers to investigate all traffic accidents coming to their attention, to determine, so far as is possible, the cause thereof, and to
make arrests and assist in the prosecution of those persons who, by reason of violation of the traffic laws, caused or contributed to such accidents.
Whenever the accidents at any particular location become numerous, the police department shall conduct studies thereof and endeavor to adopt remedial measures to prevent future accidents
at such locations. (Ord. 482 §2(4), 1968).
10.03.070 Excessive violations
Whenever it appears that any driver has been charged with frequent or an excessive number of traffic violations of a serious nature, the police department shall attempt to discover the
reasons therefore and shall take such reasonable and lawful steps as appear likely to prevent further violations by such driver, including suspension or revocation of such driver's
license. (Ord. 482 §2(5), 1968).
10.03.080 Annual traffic report required
The police department shall annually prepare a traffic report which shall be filed with the mayor and council, containing information as to the number of traffic accidents, the number
of persons killed, the number of persons injured, the number of traffic accidents investigated, the number of arrests made for violation of the traffic laws, and shall make plans and
recommendations of the police department for future traffic safety activities and other pertinent traffic accident data. (Ord. 482 §2(6), 1968).
10.03.090 Funeral processions
The police department shall designate suitable insignia or other means to identify the vehicles in a funeral procession and may provide a police escort for such processions, whenever,
in the opinion of the head officer of the traffic division of the police department, such police escort is necessary. (Ord. 482 §2(7), 1968).
10.03.100 Authority to regulate traffic movement
The police department, with the approval by resolution of the mayor and council, may designate those portions of any street or roadway where overtaking and passing or driving on the
left side of the street or roadway would be a special hazard, to be known as "no passing zones," may designate any street, alley or separate roadway within the city for one-way traffic,
and may designate any street or roadway or portion thereof within the city where parking on all or any part of the street or roadway may be prohibited either all of the time or within
certain designated hours. When appropriate signs are erected, such designations shall be effective at all times thereafter. (Ord. 482 §2(8), 1968).
10.03.110 Play streets – Police chief authority to designate
The chief of police shall have authority to declare any street or part thereof as a play street for certain hours of the day by posting appropriate signs indicating the hours when traffic
shall be prohibited in such area. (Ord. 482 §11(2), 1968).
10.03.120 Exemption of persons and equipment working on streets
Unless specifically made applicable, the provisions of this Chapter shall not apply to person, teams, motor vehicles and other equipment while actually engaged in the work of garbage
removal, construction, repair or maintenance of the streets or roadways of the City, but shall apply to such persons and vehicles when driving to and from such work, City, but shall
apply to such persons and vehicles when driving to and from such work. (Ord. 482 §3(6), 1968).
10.03.130 Authorized emergency vehicles
The driver of an authorized emergency vehicle, when responding to an emergency call or when in pursuit of an actual or suspected violator of the law or when responding to, but not returning
from, a fire alarm, may exercise the privileges set forth in this ordinance, but subject to the conditions hereinafter stated.
The driver of an authorized vehicle may park or stand, irrespective of the provisions of this Chapter.
May proceed past a red or stop signal or stop sign, but only after slowing down as much as may be necessary for safe operation of the emergency vehicle.
May exceed the prima facie speed limits so long as he does not endanger life or property.
May disregard regulations governing direction or movement of traffic or turning of traffic in a specified directions. The exemptions herein granted to an authorized emergency vehicle
shall apply only when a driver of any said vehicle in motions sounds an audible signal by bell, siren or exhaust whistle as may be reasonably necessary and when the vehicle is equipped
with at least one (1) red lamp displaying a red light visible under normal atmospheric conditions from a distance or five hundred feet (500') to the front of such vehicle, except that
an authorized emergency vehicle operated as a police vehicle need not be equipped with or display a red light visible from in front of the vehicle.
The foregoing provisions shall not relieve the driver of an authorized emergency vehicle from the duty to drive with due regard for the safety of all persons, nor shall such provisions
protect the driver from the consequences of his reckless disregard for the safety of others. (Ord. 482 §3(7), 1968).
10.03.140 Persons riding or driving animal – drawn vehicle
Every person riding or driving any animal drawn vehicle upon a street or roadway shall be granted all of the rights and shall be subject to all of the duties appertaining to the driver
of a vehicle, of this Chapter, except those provisions of this Chapter which by their very nature can have no application. (Ord. 482 §3(8), 1968).
10.03.150 Driving under the influence
For additional information on this section please see Ord. 482 §12(1), 1968.
10.03.160 Reckless driving
It shall be unlawful for any person to drive any vehicle within the corporate limits of the City of Rexburg, Idaho, carelessly and heedlessly or without due caution and circumspection
and at a speed, or in a manner, so as to endanger or be likely to endanger any person or property, or who passes when there is a line in his lane indicating a sight distance restriction.
(Ord. 482 §12(2), 1968).
10.03.170 Negligent driving
It shall be unlawful for any person to operate a motor vehicle in a negligent manner within the corporate limits of the City of Rexburg, Idaho. For the purpose of this section to “operate
in a negligent manner” shall be construed to mean the operation of a vehicle within the corporate limits of the City of Rexburg, Idaho, in such a manner as to endanger, or be likely
to endanger any persons or property.
The offense of operating a vehicle in a negligent manner shall be considered to be a lesser offense than, but included in, the offense of operating a vehicle in a reckless manner, and
any person charged with operating a vehicle in a reckless manner may be convicted of the lesser offense of operating a vehicle in a negligent manner. (Ord. 482 §12(3), 1968).
10.03.175 Texting on hand held devices
It shall be unlawful for any person to use a hand-held wireless telephone, cellular telephone, or any other wireless device for texting purposes while operating a motor vehicle within
the City of Rexburg. No pedestrian shall use a hand-held telephone, cellular telephone, or any other wireless device for texting while crossing a public right-of-way in the City of
Rexburg. Offenses shall be punishable by a fifty ($50) dollar fine on the first offense and a one-hundred and fifty ($150) dollar fine on each subsequent offense.
Such restriction does not apply to a person texting using a hand-held wireless telephone, cellular telephone, or any other wireless device for emergency purposes, including, but not
limited to, texting an emergency message to a law enforcement agency, health care provider, fire department, or other emergency services agency or entity.
Such restriction does not apply to an emergency services professional using a hand-held wireless telephone, cellular telephone, or any other wireless device for texting while operating
an authorized emergency vehicle, in the course and scope of his or her duties. Such restriction does not apply to a person texting while driving a motor vehicle on private property.
(Ord. 1062, 2011)
ARTICLE I TRAFFIC ARRESTS
10.03.180 Appearance in police court
Whenever any person is halted by a Police officer for any violation of this Chapter, the person shall, in the discretion of the officer, either be given a traffic citation as hereinafter
provided, or be taken without unnecessary delay before the Police Judge when the person does not furnish satisfactory evidence of identity or where the officer has reasonable and probable
grounds to believe such person will disregard his written promise to appear in Police Court. (Ord. 482 §13(1), 1968).
10.03.190 Traffic citations
Whenever a person is halted by a police officer for violation of this Chapter and is not taken before the Police Judge as hereinbefore required or permitted the officer shall prepare
in quadruplicate a written traffic citation containing a notice to appear in Court, the name and address of the person charged, the time and place when and where the offense charged
occurred, and the time when the person charged shall appear in Police Court, and such other pertinent information as may be necessary. (Ord. 482 §13(2), 1968).
10.03.200 Posting of bail
Whenever any person is taken into custody by a Police Officer for the purpose of taking him before the Police Court and the Police Judge is not available at the time of arrest, such
person shall be released upon depositing with the desk officer at the Police Department office, the amount of bail established by the Police Judge for the particular offense charged
and his signing a promise to appear before the Police Court at the time required. (Ord. 482 §13(3), 1968).
10.03.210 Failure to appear
It shall be unlawful for any person to violate his written promise to appear in court given to an officer upon the issuance of a traffic citation, regardless of the disposition of the
charge upon which such citation was originally issued. A written promise to appear in court may be complied with by an appearance by counsel. (Ord. 482 §13(4), 1968).
10.03.220 Arrest without warrant
The foregoing provisions of section 10.03.210 shall govern all police officers in making arrests without a warrant for violations of this Chapter, but the procedure prescribed herein
shall not otherwise be exclusive of any other method prescribed by law for the arrest and prosecution of a person for an offense of like grade. (Ord. 482 §13(6), 1968).
10.03.230 Evidence not permissible in civil action
No evidence of the conviction of any person for any violation of this Ordinance shall be admissible in any Court in any civil action. (Ord. 482 §13(7), 1968).
10.03.240 Parking citations
Citations for violations of parking regulations may be issued by any police officer by placing the same upon the windshield of the vehicle in a secure manner, or inside the vehicle in
a prominent place. Depositing such citation with the amount of penalty stated thereon with the Police Department or in any collection box shall be designated by the police Department
shall be a compliance with the citation. It shall be unlawful for any person to fail to comply with any such citation for parking violations. (Ord. 482(part), 1968).
NOTE: All Rexburg City Ordinance Misdemeanor violation penalties are hereby amended to be Infraction penalties for the City of Rexburg. (Ordinance 1164 §1, 2017).
CHAPTER 10.04 VEHICLE EQUIPMENT
10.04.010 Vehicles in unsafe condition
It shall be unlawful for any person to drive or move or for the owner to cause or knowingly permit to be driven or moved on any street or roadway in the City any vehicle or combination
of vehicles which is in such unsafe condition as to endanger any person or property, or which does not contain those parts or is not at all times equipped with such lamps and other
requirements in proper condition and adjustment as required by this Chapter or by the laws of the State, or which is equipped in any manner in violation of this Chapter or the laws
of the State. (Ord. 482 §5(1), 1968).
10.04.020 Head lamps
Every vehicle other than a motorcycle shall be equipped with at least two (2) head lamps with at least one (1) on each side of the front of the motor vehicle which shall comply with
the requirements and limitations of this Chapter.
Every Motorcycle and every motor driven cycle shall be equipped with at least one (1) and not more than two (2) head lamps which shall comply with the requirements and limitations of
this Chapter.
Every head lamp upon every motor vehicle and every motor driven cycle, including motorcycles, shall be located at a height measured from the center of the head lamp of not more than
fifty four inches (54") nor less than twenty four inches (24") from the ground measured with respect to a vehicle upon level ground when the vehicle is without a load. (Ord. 482 §5(2),
1968).
10.04.030 Tail lamps
Every motor vehicle, trailer, semi trailer and any other vehicle which is being drawn at the end of a train or vehicles shall be equipped with at least one (1) tail lamp mounted on the
rear, which, when lighted as in this ordinance required, shall emit a red light plainly visible from a distance of five hundred feet (500') to the rear; provided, that in the case of
a train of vehicles only the tail lamp of the rear most vehicle need actually to be seen from the distance specified. Every tail lamp upon every motor vehicle shall be located at a
height of not more than seventy two inches (72") , nor less than twenty inches (20") from the ground measured with respect to a vehicle standing on level ground, without a load.
A tail lamp or a separate lamp shall be son constructed and placed as to illuminate with a white light the rear registration plate and render it clearly legible from a distance of fifty
feet (50') to the rear. Such lamp shall be so wired as to be lighted whenever the head lamps or auxiliary driving lamps are lighted. (Ord. 482 §5(3), 1968).
10.04.040 Additional equipment required on certain vehicles
In addition to other equipment required in the Chapter, the following vehicles shall be equipped as hereinafter stated, during the hours when lighted lamps are required by the Chapter:
For additional information about the required equipment for different vehicles please see Ord. 482 §5(4), 1968.
10.04.050 Color of lamps and reflectors
For additional information about this section please see Ord. 482 §5(5), 1968.
10.04.060 Lamp or flag on projecting load
Whenever the load upon any vehicle extends to the rear four feet (4') or more beyond the bed or body of such vehicle, there shall be displayed at the extreme rear end of the load during
the time lighted lamps are required, a red light or lantern plainly visible from a distance of at least five hundred feet (500') to the side and rear. The red light or lantern required
under this provision shall be in addition to the red rear lights required upon every
vehicle. At any other time there shall be displayed at the extreme rear end of such load a red flag or cloth not less than sixteen inches (16") square and so hung that the entire area
is visible to the driver of a vehicle approaching from the rear. (Ord. 482 §5(6), 1968).
10.04.070 Lamps on parked vehicles
For additional information about this section please see Ord. 482 §7(7), 1968.
10.04.080 Lamps on other equipment and vehicles
Every vehicle, including animal drawn vehicles, not otherwise specifically required by the provisions of this Ordinance to be equipped with lamps or other lighting devices, shall at
all times when lighted lamps are required, be equipped with at least one (1) lamp displaying a white light visible from a distance of not less than five hundred feed (500') to the
front of such vehicle and shall also be equipped with two (2) lamps displaying a red light visible from a distance of not less than five hundred feet (500') to the rear and two (2)
reflectors visible for distances of one hundred feet (100') to six hundred feet (600') to the rear when illuminated by the upper beams of head lamps. (Ord. 482 §5(8), 1968).
10.04.090 Brakes
For additional information about this section please see Ord. 482 §5(9), 1968.
10.04.100 Horns and warning devices
For additional information about this section please see Ord. 482 §5(10), 1968.
10.04.110 Mufflers, prevention of noise
Every motor vehicle shall at all times be equipped with a muffler in good working order and in constant operation, to prevent excessive or unusual noise and annoying smoke, and no person
shall use a muffler cutout, bu-pass, or similar device upon a motor vehicle on any of the streets or roadways of the City.
The engine and power mechanisms of every motor vehicle shall be so equipped and adjusted as to prevent the escape of excessive fumes, smoke, or noise. (Ord. 482 §5(11), 1968).
10.04.120 Mirrors
Every motor vehicle which is so constructed or loaded as to obstruct the driver’s view to the rear thereof from the driver’s position shall be equipped with a mirror so located as to
reflect to the driver a view of the highway for a distance of at least two hundred feet (200') to the rear of such vehicle. (Ord. 482 §5(12), 1968).
10.04.130 Windshields
For additional information about this section please see Ord. 482 §5(13), 1968.
10.04.140 Fenders and splash aprons
For additional information about this section please see Ord. 482 §5(14), 1968.
CHAPTER 10.05 OPERATION OF VEHICLES
10.05.010 State license required
It shall be unlawful for any person to operate any motor vehicle upon the streets or roadways of the City which is not currently registered and licensed as required by the Laws of the
State, and any license plate on a motor vehicle shall be kept clear and unobstructed. (Ord. 482 §11(4), 1968).
10.05.020 Backing
The driver of a motor vehicle shall not back the same unless such movement can be made with reasonable safety and without interfering with other traffic. (Ord. 482 §10(1), 1968).
10.05.020 Obstruction to driver’s view
No person shall drive a vehicle when it is so loaded or when there are in the front seat such number of persons exceeding three (3) as to obstruct the view of the driver to the front
or sides of the vehicle, or so as to interfere with the driver’s control over the driving mechanism of the vehicle.
No passenger in a vehicle shall ride in such position as to interfere with the driver’s view ahead or to the sides, or to interfere with his control over the driving mechanism of the
vehicle. (Ord. 482 §10(2), 1968).
10.05.030 Unqualified drivers
It shall be unlawful for any person not qualified under the Laws of the State to drive or operate a motor vehicle upon the streets or roadways of the City, and it shall be unlawful for
the owner of any motor vehicle to permit the same to be driven or operated on the streets or roadways of the said City by any person who is not qualified under the Laws of the State
to drive a motor vehicle within said State. (Ord. 482 §11(3), 1968).
10.05.040 Driving on right hand side of roadway
Upon all roadways of sufficient width a vehicle shall be driven upon the right one-half (() of the roadway except as follows:
For a complete list of exceptions please see Ord. 482 §7(1), 1968.
10.05.050 Passing vehicles proceeding in opposite directions
Drivers of vehicles proceeding in opposite directions shall pass each other to the right and upon roadways having width for not more than one (1) line of traffic in each direction, each
driver shall give to the other at least one-half (() of the main traveled portion of the roadway as nearly as possible. (Ord. 482 §7(2), 1968).
10.05.060 Overtaking a vehicle on the left
The following rules shall govern the overtaking and passing of vehicles proceeding in the same direction, subject to those limitations, exceptions, and special rules hereinafter stated;
For additional information about this section please see Ord. 482 §7(3), 1968.
10.05.070 Limitations on overtaking on the left
No vehicle shall be driven to the left side of the center of the roadway in overtaking and passing another vehicle proceeding in the same direction unless such left side is clearly visible
and is free of oncoming traffic for a sufficient distance ahead to permit such overtaking and passing to be completely made without interfering with the safe operation of any vehicle
approaching from the opposite direction or any vehicle overtaken. In every event the overtaking vehicle must return to the right hand side of the roadway before coming within one hundred
feet (100') of any vehicle approaching from the opposite direction. (Ord. 482 §7(5), 1968).
10.05.080 Overtaking a vehicle on the right
The driver of a vehicle may overtake and pass upon the right of another only under the following conditions:
For a list of these conditions please see Ord. 482 §7(4), 1968.
The driver of a vehicle may overtake and pass another vehicle upon the right only under conditions permitting such movement in safety. In no event shall such movement be made by driving
off the pavement or main-traveled portion of the roadway. (Ord. 482 §7(4), 1968).
10.05.090 Passing school bus
All traffic overtaking or passing a school bus from either direction upon any street or alley in the City, shall stop when the Stop arm is extended and shall remain stopped until the
stop arm is retracted or until signaled by the bus driver to proceed. (Ord. 482 §11(5), 1968).
10.05.100 Driving on roadways laned for traffic
Whenever any roadway has been divided into two (2) or more clearly marked lanes for traffic, the following rules in addition to all others consistent herewith shall apply:
For a complete list of the rules please see Ord. 482 §7(6), 1968.
10.05.110 Following too closely
For additional information about this section please Ord. 482 §7(7), 1968.
10.05.120 Driving on divided highways
Whenever any highway has been divided into two (2) roadways by leaving an intervening space or by a physical barrier or clearly indicated dividing section so constructed as to
impede vehicular traffic, every vehicle shall be driven only upon the right hand roadway and no vehicle shall be driven over, across, or within any such dividing space, barrier, or section,
except through an opening in such physical barrier or dividing section or space or at a crossover or intersection established by public authority. (Ord. 482 §7(8), 1968).
10.05.130 Position and method of turning at intersections
The driver of a vehicle intending to turn at an intersection shall do as follows:
For driver`s responsibilities when intending to turn please see Ord. 482 §7(9), 1968.
10.05.140 Starting parked vehicle
No person shall start a vehicle which is stopped standing or parked unless and until such movement can be made with reasonable safety. (Ord. 482 §7(10), 1968).
10.05.150 Turning movements and required signals
For additional information about this section please see Ord. 482 §7(11), 1968.
10.05.160 Method of giving hand and arm signals
All signals herein required given by hand and arm shall be given from the left side of the vehicle in the following manner and such signals shall indicate as follows:
Left Turn: Hand and arm extended horizontally.
Right Turn: Hand and arm extended upward.
Stop or Decrease speed: Hand and arm extended downward. (Ord. 482 §7(12), 1968).
10.05.170 Vehicle approaching or entering intersection
For additional information about this section please see Ord. 482 §7(13), 1968.
10.05.180 Vehicle turning left at intersection
The driver of a vehicle within an intersection intending to turn to the left shall yield the right-of-way to any vehicle approaching from the opposite direction which is within the intersection
or so close thereto as to constitute an immediate hazard, but said driver, having so yielded and having given a signal when and as required by this Chapter, may make such left turn
and the drivers of all other vehicles approaching the intersection from said opposite direction shall yield the right-of-way to the vehicle making the left turn. (Ord. 482 §7(14), 1968).
10.05.190 Vehicle entering-stop or yield intersection
For additional information about this section please see Ord. 482 §7(15), 1968.
10.05.200 Vehicle entering-stop or yield intersection with crosswalk
For additional information about this section please see Ord. 482 §7(15), 1968.
10.05.210 Operation of vehicles on approach of authorized emergency vehicles
For additional information about this section please see Ord. 482 §7(16), 1968.
10.05.220 Following fire apparatus
The driver of any vehicle other than one on official business shall not follow any fire apparatus traveling in response to a fire alarm closer than five hundred feet (500') or drive
into or park such vehicle within the block where fire apparatus has stopped in answer to a fire alarm. (Ord. 482 §10(3), 1968).
10.05.230 Crossing fire hose
No vehicle shall be driven over any unprotected hose of a Fire Department when laid down on any street or a private driveway to be used in any fire or alarm of fire, without the consent
of the Fire Department Official in command. (Ord. 482 §10(4), 1968).
10.05.240 Manner of parking
Except as otherwise provided in this Chapter, every vehicle stopped or parked upon a roadway where there are adjacent curbs shall be so stopped or parked with the right hand wheels of
such vehicle parallel to and within eighteen inches (18") of the right hand curb, except upon one-way roadways, in which even the vehicle shall be stopped or parked on either side where
parking is permitted, with the wheels closest to the curb within eighteen inches (18") of the curb, except where angel parking has been designated. (Ord. 482 §9(7), 1968).
10.05.250 Depositing glass or debris on streets
For additional information about this section please see Ord. 482 §11(part), 1968.
CHAPTER 10.06 PARKING METERS
10.06.010 Definitions
Parking meter: means and includes any mechanical device installed within or upon the curb or sidewalk area immediately contiguous to a parking meter space which, when the mechanism thereof
is set in motion, indicates unexpired parking time for the vehicle parking contiguous thereto.
Parking meter space: means an area adjacent to a parking meter upon any street, and shall be designated by a line or other traffic markings, and shall he of sufficient size to permit
the parking of only one vehicle, or not more than two motorcycles.
Parking meter zone: means those streets or portions of streets within which the parking of vehicles shall be controlled, regulated and inspected with the aid and use of parking meters.
(Ord. 818A §13(A), 1999).
10.06.020 Marking of spaces
Parking Meter Spaces to Be Marked. The transportation engineer shall establish and designate parking meter spaces by painted lines upon the surface of the roadway or
pavement and/or curbing. (Ord. 818A §13(B), 1999).
10.06.030 Installation
For additional information about this section please see Ord. 818A §14, 1999.
10.06.040 Spaces and time limits
The City Transportation Engineer shall establish and designate parking meter spaces, including restricted meter spaces, within the parking meter zone, and shall provide for maximum parking
times for all meters. (Ord. 818A §15, 1999).
10.06.050 Rates
Parking meter rates shall not exceed twenty five cents ($0.25) per one-half (1/2) hour of parking within any parking meter zone, unless increased by resolution of the City Council of
the City of Rexburg. (Ord. 818A §16, 1999).
10.06.060 Restricted spaces
No person shall park or permit any vehicle to remain parked in a restricted parking meter space during a restricted period, except those persons included within the class for whose benefit
the restriction is imposed. (Ord. 818A §17, 1999).
10.06.070 Overtime parking prohibited
For additional information about this section please see Ord. 818A §18, 1999.
10.06.080 No charge exceptions
For additional information about this section please see Ord. 818A §19, 1999.
10.06.090 Special use conditions and fees
Permission to park in parking meter spaces without the deposit of a coin may be granted by:
For the list of where you can be granted this permission please see Ord. 818A §20, 1999.
10.06.100 Use of unexpired time
The driver of a vehicle entering a parking space at a time when the meter for such space shows unexpired legal parking time may permit such vehicle to remain parked in such space for
such time as the meter indicates legal parking time remaining, and may, by depositing the proper coin or coins remain parked in such space for the amount of time allowed therein subject
to the limitations provided in Section 17 of this Chapter, or its successor. (Ord. 818A §21, 1999).
10.06.110 Coins and keys – Tampering prohibited
For additional information about this section please see Ord. 818A §22, 1999.
10.06.120 Parking in more than one parking meter space
No Person shall park or permit any vehicle to remain parked in more than one parking meter space at a time. (Ord. 818A §23, 1999).
CHAPTER 10.07 TRAFFIC CONTROL DEVICES
10.07.010 Adoption of uniform system
The City hereby adopts the manual and specifications for a uniform system of traffic control devices consistent with the provisions of this Ordinance promulgated by the Department of
Highways of the State in conformity with the current system approved by the American Association of State Highway Officials. (Ord. 482 §4(1), 1968).
10.07.020 Placement of signs and signals
It shall be the duty of the Police Department to place and maintain such traffic control devices conforming to said manual and specifications upon all streets and roadways that the Mayor
and Council shall, by resolution, determine to be necessary to carry out the provisions of this Ordinance, and to regulate, warn and guide traffic. (Ord. 482 §4(2), 1968).
10.07.030 Obedience to traffic control devices
The driver of any vehicle shall obey the instructions of any official traffic control device placed in accordance with the provisions of this Ordinance, unless otherwise directed by
a traffic or police officer, subject to the exemptions granted the driver of an authorized emergency vehicle by this Ordinance. No provisions of this Ordinance for which signs are
required shall be enforced against an alleged violator if, at the time and place of the alleged violation, an official sign is not in proper position and sufficiently legible to be
seen by an ordinarily observant person. (Ord. 482 §4(3), 1968).
10.07.040 Traffic control signal legend
Whenever traffic is controlled by traffic control signals exhibiting the words “Go", “Caution” or “Stop”, or exhibiting different colored lights successively one (1) at a time, or with
arrows, the following colors only shall be used and said terms and lights shall indicate and apply to drivers of vehicles and pedestrians as follows:
For additional information about these traffic signs please see Ord. 482 §4(4), 1968.
10.07.050 Pedestrian control signals
Whenever special pedestrian control signals exhibiting the words “Walk” or “Wait” or “Don't Walk” are in place, such signals shall indicate as follows: For additional information about
these signs please see Ord. 482 §4(5), 1968.
10.07.060 Flashing signals
Whenever an illuminated flashing red or yellow signal is used in a traffic sign or signal it shall require obedience by vehicular traffic s follows:
For additional information about these signals please see Ord. 482 §4(6), 1968.
10.07.070 Display of unauthorized signals or signs
No person shall place, maintain or display upon or in view of any street or roadway any unauthorized sign, signal, marking or device which purports to be or is an imitation of or resembles
an official traffic control device or railroad sign or signal, or which attempts to direct the movement of traffic or which hides from view or interferes with the effectiveness of any
official traffic control device or any railroad signal or sign.
Every such prohibited sign, signal or marking is hereby declared to be a public nuisance and the Police Department is hereby empowered to remove the same or cause it to be removed, without
notice. (Ord. 482 §4(7), 1968).
10.07.080 Interference with official traffic control devices
No person shall, without lawful authority, attempt to or in fact alter, deface, injure, knock down or remove any official traffic control sign or device or any railroad sign or signal
or any inscription, shield or insignia thereon, or any other part thereof. (Ord. 482 §4(8), 1968).
CHAPTER 10.08 SPEED REGULATIONS*
*Note to Chapter 10.08: For statutory provisions concerning speed limits, see Idaho Code §49-701 et seq.; for provisions authorizing local authorities to change certain speed limits,
see Idaho Code §49-703.
10.08.010 Basic rule
No person shall drive a vehicle within the corporate limits of the City of Rexburg, Idaho, at a speed greater than is reasonable and prudent under the conditions and having regard to
the actual and potential hazards then existing. In every event speed shall be so controlled as may be necessary to avoid colliding with any person, vehicle or other conveyance on or
entering the highway, in compliance with legal requirements, and it shall be the duty of all persons to use due care. (Ord. 482 §6(1), 1968).
10.08.020 Prima facie limits
Where no special hazard exists that required lower speed for compliance with regulations adopted in Chapter 10.01, the speed of any vehicle not in excess of the limits so specified or
established as authorized in Chapter 10.01, shall be lawful, but any speed in excess of the limits specified in this section, or established as authorized in Chapter 10.01, shall be
prima facie evidence that the speed is not reasonable or prudent and that it is unlawful:
Twenty--five miles per hour on all streets and roadways except where a different speed is posted in accordance with the provisions of this chapter;
Twenty miles per hour in all marked school zones within the city. (Ord. 482 §6(2), 1968).
10.08.030 When reduced speed required
The driver of every vehicle shall, consistent with the foregoing provisions, drive at an appropriate reduced speed when approaching and crossing an intersection or railway grade crossing,
when driving over any narrow or winding street or roadway, and when special hazards exist with respect to pedestrians or other traffic or by reason of weather or highway conditions.
(Ord. 482 §6(3), 1968).
10.08.040 Establishment of speed zones
Whenever the Police Department and the Mayor and Council shall determine upon the basis of an engineering and traffic investigation that any prima facie speed hereinbefore set forth
is greater or less than is reasonable or safe under the conditions found to exist at any intersection or other place or upon any part of the City street or roadway system, said Police
Department and the Mayor and Council may determine and declare by resolution a reasonable and safe prima facie speed limit thereat, which, when appropriate signs giving notice thereof
are erected, shall be effective at all times thereafter. (Ord. 482 §6(4), 1968).
10.08.050 Minimum speed regulations
For additional information about this section please see Ord. 482 §6(5), 1968.
10.08.060 Charging violations of speed regulations
For additional information about this section please see Ord. 482 §6(6), 1968.
CHAPTER 10.09 STOPPING, STANDING AND PARKING
Ordinance 818A known as “The Standing, Stopping and Parking Ordinance” of the City of Rexburg is hereby replaced by Ordinance 1094 known as “The Standing, Stopping and Parking Ordinance
– Replacing Ordinance 818A and Ordinance 1028” as follows:
10.09.010 Application of chapter provisions
The provisions of this chapter prohibiting the standing or parking of a vehicle shall apply at all times, or at those times herein specified, or as indicated on official signs, except
when it is necessary to stop a vehicle to avoid conflict with other traffic or in compliance with the directions of a police officer or official traffic-control device. (Ord. 1094 §1,
2012).
10.09.020 Regulations not exclusive
The provisions of this chapter imposing a time limit on parking shall not relieve any person from the duty to observe other and more restrictive provisions prohibiting or limiting the
stopping, standing or parking of vehicles in specified places or at specified times. (Ord. 1094 §2, 2012).
10.09.030 Registration of vehicle plates
(A) Every vehicle at all times while being driven, stopped or parked upon the streets or alleys or publicly managed parking lots of the City of Rexburg, shall (1) be registered in the
name of the owner thereof in accordance with the laws of the State of Idaho, unless such vehicle is not required by the laws of Idaho to be registered; (2) display in proper location
and position, valid registration plates for the state from which the same are issued; (3) not constitute an obstruction to the free flow of traffic in accordance with the designed intent
of the streets or alleys or publicly managed parking lots of the City of Rexburg; (4) not constitute a nuisance, defined for purposes of this Ordinance as any vehicle having four (4)
or more unresolved violations of any provisions of this Ordinance or Parking Ordinance 1094. (Ord. 1101 §1(A), 2013)
(B) Any vehicle in violation of any of the above cited requirements of this Section, may be towed from the streets or alleys or publicly managed parking lots of the City of Rexburg
at the owner’s expense, and held until all unresolved violations pertaining to the nuisance vehicle have been fully resolved. (Ord. 1101 §1(B), 2013)
10.09.040 Continuous movement required
When signs or traffic markings are erected or placed by the direction of the city, no person shall stop, stand or park a vehicle or permit said vehicle to remain standing at any time,
with the exception of certain hours specified, upon any street, parts of a street, or roadway. (Ord. 1094 §4, 2012).
10.09.050 Parking signs required
When by this code or any other ordinance of the city, any parking time limit is imposed or parking is prohibited on designated streets or parts of streets the city transportation engineer
shall erect or place and maintain appropriate signs or traffic markings giving notice thereof and no such regulations shall be effective unless said signs or traffic markings are erected
and in place at the time of any alleged violation. (Ord. 1094 §5, 2012).
10.09.060 Procedure for leaving vehicle unattended
No driver or person in charge of a motor vehicle shall permit it to stand unattended without first stopping the engine, locking the ignition and removing neither the key nor, when such
motor vehicle is standing upon any perceptible grade, without effectively setting the brakes thereon and turning the front wheels to the curb or side of the street. (Ord. 1094 §6, 2012).
10.09.070 Lights on parked vehicles
For additional information about this section please see Ord. 1094 §7, 2012.
10.09.080 Opposite traffic – Parallel
No person shall stand or park a vehicle in a roadway provided with curb other than parallel with the edge of the roadway, headed in the direction of lawful traffic movement, and with
the right- hand wheels of the vehicle within eighteen inches of the curb or edge of the roadway, except as otherwise provided in this chapter. (Ord. 1094 §8, 2012).
10.09.090 Angle or parallel parking – Signs or markings
Where signs or traffic markings have been placed by the city transportation engineer after a comprehensive study, no person shall park or stand a vehicle other than between such traffic
markings or at any angle to the curb or edge of the roadway other than indicated by such sign or traffic marking. (Ord. 1094 §9, 2012).
10.09.100 Disabled parking – Public property
For additional information about this section please see Ord. 1094 §10, 2012.
10.09.110 Disabled parking violation enforcements
For additional information about this section please see Ord. 1094 §11, 2012.
10.09.120 Disabled parking – Out-of-state vehicles
The parking privileges granted by Sections 10.090.100 and 10.09.110 herein, or their successors, also apply to vehicles displaying a distinctive handicapped license plate or transferable
identification card issued by another state, if displayed on a vehicle utilized by a handicapped person. (Ord. 1094 §12, 2012).
10.09.130 Airport parking – signs and markings
No person shall park a vehicle at the airport other than in a manner and at locations indicated by posted traffic signs and markings. (Ord. 1094 §13, 2012).
10.09.140 City and County employee parking – Areas designated
Certain areas of the City have been designated for parking by employees and officials of the City of Rexburg. (Ord. 1094 §14, 2012).
10.09.150 Residential parking lots owned by the city
For additional information about this section please see Ord. 1094 §15, 2012.
10.09.160 No stopping or parking – Color markings and signs
For additional information about this section please see Ord. 1094 §16, 2012.
10.09.170 Public carrier and bus stands
The City Transportation Engineer is hereby authorized to determine the location of passenger and freight curb loading zones and restricted parking zones and shall place and maintain
appropriate signs or markings indicating the same and stating the hours during which the provisions of this Section are applicable. (Ord. 1094 §17, 2012).
10.09.180 Public carrier and bus stands
For additional information about this section please see Ord. 1094 §18, 2012.
10.09.190 Public carrier and bus stands
The City Transportation Engineer is authorized and required to establish bus and coach stops and stands for passenger common carrier vehicles other than taxicabs on such public streets
in such places and in such numbers as the City Transportation Engineer shall determine to he of the greatest benefit and convenience to the public, and every such bus and coach stop
and stand for common carrier vehicles shall be designated by appropriate signs or markings installed by the City Transportation Engineer. (Ord. 1094 §19, 2012).
10.09.200 Buses and taxicabs – Parking restrictions
The driver of a bus or taxicab shall not park upon any street upon which parking is prohibited, restricted, or limited as to time, at any place other than at a bus stop or taxicab stand,
respectively, except that this provision shall not prevent the driver of any such vehicle from temporarily stopping in accordance with other stopping or parking regulations at any place
for the purpose of and while actually engaged in loading or unloading passengers. (Ord. 1094 §20, 2012).
10.09.210 Buses and taxicabs – Stand use restrictions
No person shall stand, stop or park any vehicle other than a licensed bus or coach in a bus stop, and then only for the express purpose of and while actually engaged in the loading or
unloading of passengers, nor shall any person stop, stand or park any vehicle other than a taxicab in a taxi stand, when such stand or stop has been officially designated and appropriately
signed and marked. (Ord. 1094 §21, 2012).
10.09.220 Taxicab stands – Establishment and signs
The city transportation engineer is hereby authorized and required to establish taxicab stands on such public streets in such places and in such manner as the city transportation engineer
shall determine to be of the greatest benefit and convenience to the public and every such taxicab stand shall be designated by appropriate sign or markings installed by the city transportation
engineer. (Ord. 1094 §22, 2012).
10.09.230 Restricted parking zones
No person shall stop, stand or park a vehicle for any purpose or length of time in any restricted parking zone other than for the purpose to which parking in such zone is restricted,
except that a driver of a passenger vehicle may stop temporarily in such zone for the purpose of and while actually engaged in loading or unloading of passengers when such stopping
does not interfere with any vehicle which is waiting to enter or about to enter the zone for the purpose of parking in accordance with the purposes to which parking is restricted and
the driver must remain in the car. (Ord. 1094 §23, 2012).
10.09.240 Parking in alleys
No person shall park a vehicle within an alley except during the necessary and expeditious loading and unloading of merchandise, and no person shall stop, stand or park a vehicle within
an alley in such a position as to block the driveway entrance or any abutting property, or interfere with the free movement of traffic through the alley. (Ord. 1094 §24, 2012).
10.09.250 One-way roadway restrictions
In the event a street includes two separate roadways and traffic is restricted to one direction upon each of such roadways, no person shall stand or park a vehicle upon the left side
of either of such roadways. (Ord. 1094 §25, 2012).
10.09.260 Double parking, standing or stopping
No person shall park, stand or stop a vehicle upon the roadway side of another vehicle which is parked, standing or stopped except while actually engaged in loading or unloading passengers,
or in compliance with directions of a police officer or traffic-control device, or when necessary to avoid other traffic. (Ord. 1094 §26, 2012).
10.09.270 Stopping or parking – Roadways without curb
For additional information about this section please see Ord. 1094 §27, 2012.
10.09.280 Stopping or parking – Prohibited in certain areas
For additional information about this section please see Ord. 1094 §28, 2012.
10.09.290 Time-limited parking on certain streets
For additional information about this section please see Ord. 1094 §29, 2012.
10.09.300 Streets – Parking prohibited at all times
When signs or traffic markings are erected or in place on any street, parts of a street, or roadway, giving notice thereof, no person shall park a vehicle or permit such vehicle to remain
standing at any time. (Ord. 1094 §30, 2012).
10.09.310 Prohibited parking for restricted vehicles
For additional information about this section please see Ord. 1094 §31, 2012.
10.09.320 Streets – Parking prohibited during certain hours
When signs or traffic markings are erected or placed by direction of the city, no person shall park a vehicle or permit said vehicle to remain standing during the hours and days specified
by such signs and markings upon any street, parts of a street, or roadway. (Ord. 1094 §32, 2012).
10.09.330 Parking prohibited – Locations
For additional information about this section please see Ord. 1094 §33, 2012.
10.09.340 Obstructing traffic by parking prohibited
No person shall park any vehicle upon a street in such a manner or under such conditions as to leave available less than ten feet of the width of the roadway for free movement of vehicular
traffic. (Ord. 1094 §34, 2012).
10.09.350 Parking on sidewalk area prohibited
No person shall leave or cause to be left, or parked, any vehicle upon any portion of a street or highway between the curb lines or the lateral lines of a roadway and the adjacent property
lines. (Ord. 1094 §35, 2012).
10.09.360 Parking for certain purposes prohibited
For additional information about this section please see Ord. 1094 §36, 2012.
10.09.370 Parking violation – Owner’s responsibility
Whenever any vehicle shall have been parked in violation of any of the provisions of any ordinance prohibiting or restricting parking, the person in whose name such vehicle is registered
shall be prima facie responsible for such violation and subject to the penalty therefore. (Ord. 1094 §44, 2012).
NOTE: All Rexburg City Ordinance Misdemeanor violation penalties are hereby amended to be Infraction penalties for the City of Rexburg. (Ordinance 1164 §1, 2017).
10.09.380 Moving illegally parked vehicles – Police authority
Whenever any police officer finds a vehicle parked or standing upon a street and such vehicle is creating a danger to persons or property, such officer is hereby authorized to move such
vehicle, or require the driver or other person in charge of the vehicle to move the same,
to a position off the main-traveled part of such street. (Ord. 1094 §45, 2012).
10.09.390 Unauthorized use of Streets, parking lots and other areas – Penalties
For additional information about this section please see Ord. 1094 §46, 2012.
10.09.400 Unauthorized use of streets – Strict liability of owner
Whenever any vehicle shall have been employed in the unauthorized use of streets, the person in whose name such vehicle is registered shall be strictly liable for such unauthorized use
and the penalty therefore. (Ord. 1094 §47, 2012).
10.09.410 Unauthorized use of streets – Appeal procedures
For additional information about this section please see Ord. 1094 §48, 2012.
10.09.420 Severability
The provisions of this ordinance are severable and if any provision, clause, sentence, subsection, word or part thereof is held illegal, invalid, or unconstitutional or inapplicable
to any person or circumstance, such illegality, invalidity or unconstitutional or inapplicability shall not affect or impair any of the remaining provisions, clauses, sentences, subsections,
words or parts of this ordinance or their application to other persons or circumstances. It is hereby declared to be the legislative intent that this ordinance would have been adopted
if such illegal, invalid or unconstitutional provision, clause sentence, subsection, word, or part had not been included therein, and if such person or circumstance to which the ordinance
or part thereof is held inapplicable had been specifically exempt there from. (Ord. 1094 §51, 2012).
ARTICLE I RESTRICTIONS GENERALLY
10.09.430 Parking – Alley restrictions
It is unlawful for any person to park a motor vehicle in any alley within the city limits, except for the actual time required for loading or unloading such vehicle and the person parking
such vehicle must leave a clearance of at least ten feet in width in such alley for other traffic. (Ord. 482 , 1968).
10.09.440 Parking – Trucks prohibited in residential sections
It is unlawful for any person to park any motor vehicle larger than what is commonly known as a pickup truck on the streets in any residential district of the city, except for the purpose
of loading or unloading such vehicle in the most expeditious manner having due regard for the rights of others and traffic on the streets. (Ord. 482 §9(6), 1968).
No person shall park or allow the parking of any automobile, van, pickup truck, trailer, motorcycle or other motor vehicle in any front yard located in a residential zone except in a
designated driveway. (Ord. 1026 §3.4.130(2), 2005).
10.09.450 Repairing vehicles on street restrictions
It is unlawful for any person to use any street or portion thereof within the city for the purpose of repairing any vehicle except for temporary emergency repairs. (Ord. 482 §9(5)part,
1968).
10.09.460 Abandoned vehicles
It is unlawful for any person to store or abandon any vehicle upon any of the streets of the city. Any vehicle left standing or parked for a period of forty-eight or more consecutive
hours in the same area shall be deemed to have been abandoned, and the officers of the police department shall cause the same to be removed and impounded, in such place as the department
shall determine, for safekeeping. (Ord. 482 §9(5)part, 1968).
10.09.470 Parking – Restrictions – Signs required
When signs are erected in each block giving notice thereof, it is unlawful for any person to park a vehicle between the hours, on the days, and on the streets specified in said notice.
(Ord. 482 §9(9), 1968).
10.09.480 Vehicles parked in violation of Section 10.09.470 – Removal and impoundment authorized
The police department is authorized to remove from the street and impound any vehicle parked in violation of the provisions of Section 10.09.470 above. (Ord. 482 §9(10), 1968).
10.09.490 Impoundment fees – Payment prerequisite to release of vehicle
The owner of a vehicle which has been impounded under the provisions of this chapter shall pay the cost of impoundment plus one dollar per day after the first day to the city clerk to
cover the cost and expense of impounding, towing and storage before such vehicle shall be released. (Ord. 648 §1, 1982: Ord. 482 §9(11), 1968).
10.09.500 No parking on portion of North Second East Street
For additional information about this section please see Ord. 620 §§1--3, 1980.
ARTICLE II PARKING AND LOADING ZONES
10.09.510 Operating time defined
"Operating time" is defined as that time when parking within parking zones and loading zones is regulated, and is the time between eight a.m. and six p.m. of every day; provided, however,
"operating time" shall not include any Sunday, New Year's Day, Washington's Birthday, Decoration Day, Columbus Day, Veteran's Day, Thanksgiving Day, Christmas or any day appointed by
the President of the United States, or by the Governor of Idaho. (Ord. 537 §6, 1973).
10.09.520 Established – City Council authority
The city council has heretofore established, and shall hereafter establish, from time to time as it deems proper and necessary for the control of traffic, parking zones and loading zones
upon the streets of the city. The establishment of and all changes in such zones shall be only
as duly ordered by the city council and entered in the official minutes of its meetings. (Ord. 537 §2, 1973).
10.09.530 Designation – Signs required
The chief of police is authorized and directed to designate all parking and loading zones by causing appropriate parking signs to be installed upon the streets clearly informing the
public of the location of the parking and loading zones and the parking time allowed therein. (Ord. 537 §3, 1973).
10.09.540 Parking spaces to be marked
The chief of police is authorized and directed to cause lines or markings to be painted or placed upon the street surfaces, or upon the curbs, for the purpose of designating spaces to
be used for the parking of vehicle. (Ord. 537 §4, 1973).
10.09.550 Loading zone use restrictions
A loading zone or space may be occupied by a vehicle while actually engaged in loading and unloading persons, supplies or merchandise only for such period of time as is set forth on
the loading zone sign. Parking in a loading zone or space during operating time for any other purpose is unlawful. (Ord. 537 §7, 1973).
10.09.560 Parking – Procedures
Any vehicle parked within a parking or loading zone shall be parked entirely within the markings designating one parking space; shall be parked parallel or diagonal to the curb in accordance
with the markings of the parking space; and, in case of diagonal parking, shall be parked so that the front of the vehicle is nearest the curb. (Ord. 537 §5, 1973).
10.09.570 Unlawful parking
It is unlawful for any person to park a vehicle, or, having parked the same, to suffer it to remain parked in violation of the regulations on any duly installed parking sign. When the
parking sign merely states the duration of time allowed for parking, for example, "two--hour parking," then the regulation shall be in force only during "operating time;" when the sign
forbids parking at all times, or at designated times, the regulation is in force at all times, or as stated. (Ord. 537 §8, 1973).
10.09.580 Parking violation – Penalties
Any operator or motor vehicle owner violating any duly posted or marked parking regulation by parking in excess of the time allowed in any parking zone or in violation of the following
shall be subject to a penalty for such violation as set forth in here (Ord. 704 §1, 1990: Ord. 537 §9, 1973).
NOTE: All Rexburg City Ordinance Misdemeanor violation penalties are hereby amended to be Infraction penalties for the City of Rexburg. (Ordinance 1164 §1, 2017).
10.09.590 Parking violation – Enforcement – Notice or citation
It shall be the duty of each police officer observing a violation of the provisions of Sections 10.09.490 through 10.09.560 of this chapter to leave at or upon the vehicle in violation
a notice of such violation. The notice shall bear the date and hours of leaving the same at or upon such vehicle, and shall state the nature of the parking violation observed. When
the violation is "overtime parking," a separate notice for each hour or fraction thereof that the vehicle remains in violation shall be issued. The notice shall instruct the owner or
operator of such vehicle to report to the police department or to the court having jurisdiction in regard to such violation within five days. Any owner or operator receiving a notice
or citation for overtime parking may post a bond with the police department or the clerk of the magistrate's court for the amount of penalty computed as fixed in Section 10.09.560 above.
The failure of the owner or operator to report, or appear, or post bond pursuant to such notice shall constitute a violation of Sections 10.09.490 through 10.09.560 of this chapter,
and shall be punishable as provided in Chapter 1.02 of this code. The issuance of a citation or notice shall not be the exclusive remedy for enforcement of the provisions of the provisions
cited above, all other lawful remedies being reserved, including the filing and prosecution of a criminal complaint. (Ord. 537 §10, 1973).
10.09.600 Parking violations – Penalties for late court appearance
In addition to all other penalties imposed by the provisions of Sections 10.09.490 through 10.09.570, any person failing to report or appear within the time limited by the instructions
upon an overtime parking ticket or parking citation, duly issued, shall be subject to double the penalty set in Section 10.09.560 of this chapter if the delay has not exceeded ten days;
triple the penalty set if the delay has been more than ten days but has not exceeded twenty--five days, and five times the penalty if the delay has been more than twenty--five days.
(Ord. 537 §11, 1973).
NOTE: All Rexburg City Ordinance Misdemeanor violation penalties are hereby amended to be Infraction penalties for the City of Rexburg. (Ordinance 1164 §1, 2017).
10.09.610 Parking violation – Failure to respond to citation
It is unlawful for any person or persons to fail or neglect to appear in response to and as required by the citation, regardless of the disposition of the charge upon which citation
was originally issued. Appearance in magistrate's court shall be deemed complied with by an appearance by the person cited or by his attorney. (Ord. 537, §12, 1975).
10.09.620 Loading zones and restricted parking – Designation and signs
The City Transportation Engineer is hereby authorized to determine the location of passenger and freight curb loading zones and restricted parking zones and shall place and maintain
appropriate signs or markings indicating the same and stating the hours during which the provisions of this Section are applicable. (Ord. 818A §28, 1999).
10.09.630 Freight curb loading zones
For additional information about this section please see Ord. 818A §29, 1999.
ARTICLE III PARKING REGULATIONS
10.09.640 Dormitory Housing Units
Parking requirements for dormitory housing units that are located within the Pedestrian Emphasis District (PED) (see attached boundaries) may be reduced subject to the following requirements
and provisions: Ord. 1143, §, 2016.
10.09.641 Dormitory Housing Reduced Parking
Tthe allowance of a reduction in the required parking ratio for dormitory unit development from 1 to 1 ratio to as low as .75 to 1 ratio upon submittal and acceptance by the Planning
and Zoning Commission of a Parking Management Plan designed and anticipated to facilitate parking for the intended tenants of the units as well as reasonably anticipated visitors and
ancillary services. Ord. 1143, §1, 2016.
10.09.642 For any Parking Management Plan to be considered, it must include factors intended to deal with all of the following:
Visitor parking must be located in such a way as to be readily identified upon entering the parking facilities, and must provide for visitor stays of no less than 1 hour.
Policing of the parking facilities must be conducted by the property owners, or their employed representatives, and any parking enforcement action must be initiated by an on-site person,
who is not compensated in direct relationship to the decision to tow or boot or otherwise police violations. (No Predatory Towing or Booting)
Any tenant authorized to park in the parking facility must be clearly identified as having parking privileges, and no more than the actual number of available spaces may be assigned,
providing for ancillary and visitor parking as required. Ord. 1143, §2, 2016.
10.09.643 In order for a reduction in parking ratio to be considered, the Parking Management Plan must be submitted for consideration by the Planning and Zoning Commission. All plans
will be considered based upon the factors set forth above, and the independent analysis of the members of the Planning and Zoning Commission based upon their knowledge and understanding
of circumstances surrounding the location and other demographics of the property in question. Ord. 1143, §3, 2016.
For a complete list of these requirements and provisions please see the Rexburg Development Code Ord. 1115, §9, 2017.
ARTICLE IV RESIDENTIAL UNIVERSITY ON STREET PARKING
10.09.650 University On-Street Parking
For additional information about this section please see Ord. 1028 §1, 2009.
10.09.660 Campus Vicinity Residential Parking
For additional information about this section please see Ord. 1028 §2, 2009.
10.09.670 Downtown Commercial Residential Parking
For additional information about this section please see Ord. 1028 §3, 2009.
10.09.680 General Rules
For additional information about this section please see Ord. 1028 §4, 2009.
10.09.690 Penalties and Effective Date
Any person, firm or corporation violating any provision of this chapter shall, upon conviction thereof, be guilty of a misdemeanor, and be punishable by a fine not to exceed Three Hundred
Dollars ($300.00) or by imprisonment for not more than six (6) months of by both such fine and imprisonment. In addition, the City shall have the right to remove any violator of this
Chapter in accordance with applicable Local, State and Federal rules, regulations and Ordinances at their discretion, and the cost of so doing shall be the responsibility of the violator
or the registered owner of a vehicle removed under this Chapter. (Ord. 1028 §5(A), 2009).
ARTICLE V FIRE LANES OR HAZARDOUS AND CONGESTED AREAS
10.09.700 Standing or parking within access roadways for fire apparatus
For additional information about this section please see Ord. 700 §2, 1990Ord. 700 §1, 1990.
10.09.710 No stopping, standing or parking near hazardous or congested places or within non-parking zones
For additional information about this section please see Ord. 752 §1, 1993; Ord. 700 §2, 1990.
10.09.720 Violation – Penalty
Any violation of any provision of this chapter by any person, firm or corporation shall constitute a nonmoving infraction, and shall be punishable by a fine of not less than ten dollars
and not more than three hundred dollars, exclusive of court costs, for any single violation. (Ord. 700 §3, 1990).
NOTE: All Rexburg City Ordinance Misdemeanor violation penalties are hereby amended to be Infraction penalties for the City of Rexburg. (Ordinance 1164 §1, 2017).
CHAPTER 10.10 STORAGE OF VEHICLES OR PROPERTY ON STREETS*
*Note to Chapter 10.10: For statutory provisions authorizing officers to remove illegally stopped vehicles, see Idaho Code §49-1804.
10.10.010 Using streets for storage prohibited
No person shall park a vehicle, boat, trailer or other item upon any street for a period of time longer than forty-eight hours. (Ord. 818A §48, 1999).
10.10.020 Authority to take possession of abandoned property
For additional information about this section please see Ord. 407 §1, 1956.
10.10.030 West Fourth South Street restrictions
It is unlawful for any person to leave or store any automobile, truck, bicycle, wagon or other conveyance, or vehicle, machine, implement or other item of personal property at any time
on either side of West Fourth South Street in the city going east from the intersection of Second West to First West Street and going west from the intersection Refuge West Street a
distance of five hundred feet on the south side thereof and a distance of four hundred feet on the north side thereof. (Ord. 523 §1(part), 1972).
10.10.040 Leaving or storing property on certain streets
It shall be unlawful for any person to leave or store any automobile, truck, bicycle, wagon or other conveyance or vehicle, machine, implement or other item of personal property between
the fifteenth (15) day of December of each year and the first (1st) day of March of the following year upon any street or alley in the City of Rexburg, Idaho, between the hours of 2:00
A.M. and 7:00 A. M. (Ord. 1030 §1, 2009).
10.10.050 Use of certain streets and alleys restricted – From November 1st through March 1st
It is unlawful for any person to leave or store any automobile, truck, bicycle, wagon or other conveyance, or vehicle, machine, implement or other item of personal property between the
first day of November of each year and the first day of March of the following year upon any other street or alley in the city between the hours of two a.m. and seven a.m. (Ord. 523
§1(part), 1972).
10.10.060 Using streets for storage of motor homes, boats and trailers prohibited
No person shall park a motor home, boat, trailer or other item upon any street for a period of time longer than forty-eight hours. Motor homes, boats and trailers which are moved from
a parking spot and then re-parked on the same street block face within twenty-four hours from the time of said removal shall be deemed to have been continuously parked for the purposes
of this section. “Block face” means the side of the street where the vehicle was parked between two intersecting streets. (Ord. 818A §49, 1999).
10.10.070 Impoundment and reclaiming procedure
It shall be the duty of the officers of the police department to take possession of any automobile, truck, bicycle, wagon or other conveyance, machine, vehicle, implement or
other item of personal property described in Sections 10.10.020 through 10.10.050, and hold the same at the city hall or at some place suitable to store the same. Any such automobile,
truck, bicycle, wagon or other conveyance or vehicle, machine, implement or other item of personal property may be reclaimed by the owner upon making proper proof of ownership, and
the payment of the costs for moving the same. In the event such automobile, truck, bicycle, wagon or other conveyance or vehicle, machine, implement or other item of personal property
is not claimed within thirty days as provided in Section 10.10.080 the same shall be sold as provided in Sections 10.10.090 through 10.10.130 of this chapter. (Ord. 523 §1(part), 1972).
10.10.080 Impounded property – Recordkeeping and storage requirements
All property taken possession of under the provision of this chapter shall be listed by the chief of police or other officer of the police department in a book kept for such purposes,
giving therein the following information:
Place where found or taken possession of;
Description of article;
Name of officer taking possession of the article;
Date of taking possession.
All such articles so taken possession of shall be held by the chief of police at the city hall, or at some place suitable to store such articles, for a period of thirty days from and
after the date of taking possession thereof. (Ord. 407 §3 (part), 1956).
10.10.090 Impounded property – Sale – Notice requirements
When the provisions of Section 10.10.080 have been complied with, including the holding of the property for a period of thirty days, it shall then be the duty of the chief of police
to advertise such article or articles for sale, and to sell the same at public or private sale, as may in his judgment be deemed best. Notice of such sale shall be published in two
issues of the official newspaper of the city, the second publication to be one week after the first publication, and the sale of such property shall be held not less than ten days nor
more than fifteen days from the date of the first publication. (Ord. 407 §3(part), 1956).
10.10.100 Impounded property – Conditions of sale
The chief of police shall, at the time advertised for the sale of any article as provided in Section 10.10.090, sell the same to the best advantage possible, and shall issue to the purchaser
a bill of sale, stating therein that the same is sold in accordance with the terms of this chapter. (Ord. 407 §3 (part), 1956).
10.10.110 Impounded property – Proceeds of sale
All moneys received from sales as provided for in Sections 10.10.080 through 10.10.100 shall be immediately turned over by the chief of police to the city clerk-treasurer, who shall
transmit the same to be credited to the general fund. (Ord. 407 §3(part), 1956).
10.10.120 Repossession of personal property – Payment of costs
The owner of any article or articles taken possession of, held and/or offered for sale under the terms of this chapter, who shall appear prior to the time of such sale and make proper
proof of ownership, shall be allowed to take such article or articles out of the possession of the chief of police on payment of any costs which have accrued against the same. (Ord.
407 §4, 1956).
10.10.130 Warrant in favor of owner of article – Conditions – City Council authority
The city council may, on motion, at any time after any article is sold, not exceeding six months thereafter, order the city clerk-treasurer to draw a warrant in favor of the owner of
the article for whatever amount was received and credited to the general fund from the sale of said article, less the costs charged against the same, upon due and sufficient proof as
to who is the owner of such article. (Ord. 407 §5, 1956).
10.10.140 Penalty
It shall be unlawful and constitute a public offense for any person to violate any of the provisions of this ordinance. Every person convicted of the violation of this ordinance shall
upon the conviction thereof, be punished by a fine of not more than $100.00, or by imprisonment in the city jail for not more than 30 days, or by both such fine and imprisonment, plus
the costs of prosecution. In the event of default in payment of such fine and costs, any such person so convicted of the violation of this ordinance shall be confined in the city jail
for the payment thereof at the rate of $1.50 per day. (Ord. 407 §6, 1972).
NOTE: All Rexburg City Ordinance Misdemeanor violation penalties are hereby amended to be Infraction penalties for the City of Rexburg. (Ordinance 1164 §1, 2017).
CHAPTER 10.11 BICYCLES
10.11.010 Definitions
1) Bike Lane: A portion of a roadway designated for exclusive use by bicycles distinguished from the portion of the roadway to be used by motor vehicles by a painted stripe and
other pavement markings. Bike lanes shall be at least 5-feet (5’) wide and, as feasible, shall be kept clear of debris.
2) Shared Use Path: A pathway completely separate from roadways for use by bicyclists
and pedestrians. Shared use paths shall be at least 10-feet (10’) wide and be free from
physical obstructions such as poles, trees, mailboxes, etc. They should have a minimum of 2-feet (2’) separation from adjacent roadways. (Ord. 1017 §1, 2009).
10.11.020 Traffic Laws Applying to Persons Riding Bicycles
For additional information about this section please see Ord. 1017 §2, 2009.
10.11.025 Speed
No person shall operate a bicycle at a speed greater than is reasonable and prudent under the conditions then existing. (Ord.1017 §2.5, 2009).
10.11.030 Riding on Roadways
For additional information about this section please see Ord. 1017 §3, 2009.
10.11.040 Using Provided Bike Lanes and Shared Use Paths
For additional information about this section please see Ord. 1017 §4, 2009.
10.11.050 Riding on Sidewalks and Within Crosswalks
For additional information about this section please see Ord. 1017 §5, 2009.
10.11.060 Stopping-Stop Signs and Traffic Lights
For additional information about this section please see Ord. 1017 §6, 2009.
10.11.070 Riding in Groups
Persons riding bicycles shall not ride more than two (2) abreast except upon shared use paths with widths of 12 feet (12’) or more. Bicyclists operating two (2) abreast upon a roadway,
or shared use path, shall move to a single file configuration when a vehicle approaches from behind in the same lane. (Ord. 1017 §7, 2009).
10.11.080 Bicycle Parking
Bicycles shall not be parked in such a manner as to obstruct or impede the movement of pedestrians, motor vehicles, or other bicycles, or to cause damage to trees, shrubs or other living
plants. When bike racks exist nearby, they shall be the preferred location for bicycle parking. (Ord. 1017 §8, 2009).
10.11.090 Group Events
A bicycle race, parade or other group event for bicyclists may be conducted upon public rights-of-way in the City of Rexburg if a permit is obtained. Permit applications shall be made
through the office of the City Clerk. (Ord. 1017 §9, 2009).
10.11.100 Brakes
No person shall operate a bicycle without brakes capable of causing the bicycle to stop within twenty-five feet (25’) at ten (10) miles per hour on dry, level, clean pavement. (Ord.
1017 §10, 2009).
10.11.110 Light and Reflector Required in Darkness
Every bicycle in use in darkness (from sunset to sunrise and when visibility is under 500 feet) shall be operated with a white light visible from a distance of at least five hundred
feet (500’) to the front and with a red reflector clearly visible from the rear of the bicycle and two square inches of side reflectors displayed on the sides of each wheel consistent
with quality of the rear reflector. (Ord. 1017 §11, 2009).
CHAPTER 10.12 MOTORCYCLES
10.12.010 Riding regulations
A person operating a motorcycle shall ride only upon the permanent and regular seat attached thereto, and such operation shall not carry any other person not shall any other person ride
upon a motorcycle unless such motorcycle is designed to carry more than one person, in which event a passenger may ride upon a permanent and regular seat if designed for two (2) persons,
or upon another seat firmly attached to the rear or side of the motorcycle. (Ord. 482 §11(1) (A), 1968).
10.12.020 Helmet required
No person shall ride upon a motorcycle as operator or passenger, upon any public street, highway, road, or way within the City, unless at all times when so operating or riding upon said
vehicle he is wearing, as part of his motorcycle equipment, a protective safety helmet of a type and quality equal to or better than the standard established for such helmets by the
Commissioner of Law Enforcement of the State of Idaho. (Ord. 482 §11(1) (B), 1968).
CHAPTER 10.13 PEDESTRIANS
10.13.010 Pedestrians subject to traffic regulations
Pedestrians shall be subject to traffic control signals at intersections as provided herein, and at all places where traffic is controlled by automatic signal lights, shall comply with
such signals, but at all other places pedestrians shall be accorded the privileges and shall be subject to the restrictions stated in this Ordinance. (Ord. 482 §8(1), 1968).
10.13.020 Right-of-way in crosswalks
For additional information about this section please see Ord. 482 §8(2), 1968.
10.13.030 Crossing at other than a crosswalk
Every pedestrian crossing a roadway at any point other than within a marked crosswalk or within an unmarked crosswalk at an intersection shall yield the right-of-way to all vehicles
upon the roadway. (Ord. 482 §8(3), 1968).
10.13.031 Texting on hand held wireless devices in a crosswalk
No pedestrian shall use a hand-held wireless telephone, cellular telephone, or any other wireless device for texting while crossing a public right-of-way in the City of Rexburg. (Ord.
1062 §2, 2011)
10.13.040 Pedestrians to use right half of crosswalks
Pedestrians shall move, whenever practicable, upon the right side of crosswalks. (Ord. 482 §8(5), 1968).
10.13.050 Drivers to use due care
Notwithstanding the foregoing provisions of this Chapter, every driver of a vehicle shall exercise due care to avoid colliding with any pedestrian upon any street. (Ord. 482 §8(4), 1968).
10.13.060 Pedestrians on roadways
For additional information about this section please see Ord. 482 §8(6), 1968.
CHAPTER 10.14 RAILROADS
10.14.010 Grade crossing – Obedience to signal
For additional information about this section please see Ord. 482 §9(1), 1968.
10.14.020 Oregon Shortline right of way
That a Right of Way is dedicated and hereby granted unto the Oregon Short Line Railroad Company, a corporation, its successors and assigns, for use for its railroad across First North
Street between Second and Third West Streets of said City, as per the recorded plat thereof, said right of way to be a strip known as the Miller Brother's spur 17 feet wide across said
street for the extension of its present spur which is now constructed west of the Miller Brothers elevators, as shown by said attached Map - Which is made a part of this ordinance,
Said Right of Way to be for the duration of 99 years. (Ord. 255 §1, 1920).
That a Right of Way is dedication and hereby granted unto the Oregon Short line Railroads Company, a Corporation, its successors and assigns, for use for its railroads across First North
Street between Second and Third West Streets of said City, as per the recorded plat thereof, said right of way to be a continuation of the strip known as The Anderson-Koon Company spur,
seventeen (17) feet wide across said Street for the extension of its present spur which is now constructed West of the elevator of Anderson-Koon Company, as shown by the attached map,
which is made a part of this ordinance. Said Right of Way to be for the duration of 99 years. (Ord. 282 §1, 1923).
10.14.030 St. Anthony Railroad right of way
That the right is hereby granted unto the St. Anthony Railroad Company, a corporation, its successors and assigns, to the perpetual use as a right of way for its railroad, those certain
streets and alleys hereinafter described within the City of Rexburg, Fremont County, State of Idaho, and said Railroad Company, its successors and assigns are hereby granted permission
and authority to lay out, construct and perpetually maintain its railroad, including switches, side-tracks, and other appurtenance and adjuncts reasonably necessary for the proper construction
and operation of its railroad and within the scope of its general powers and purpose, upon and across the following named streets and alleys and to the extent hereinafter specified,
to-wit: A strip and tract of land one hundred and fifty feet in width of which the center line of the main tract of said Railroad Company, as now surveyed, staked and located, in the
center line, across and through each and every of the following named streets, viz:
Third North Street, First West Street, Second North Street, First North Street, Second West Street, also a strip of land fifty feet in width of which the center line of said main tract
is the center across and through each and every o£ the following named streets, viz: Main Street, Third West Street, First South Street, Second South Street, Fourth West Street, Third
South
Street, Fourth South Street, and Fifth West Street, as shown by the tracing map of said located line through the said City of Rexburg, which map is hereto attached and made a part of
this Chapter. (Ord. 80 Chapter 16 §145, 1904).
10.14.040 Right of way conditions
The grant hereinbefore made, is subject to the following conditions:
Railroad tract shall be laid on such grades as the same are now or may hereafter be established by the City Council. The water courses of said street should be left and kept free and
unobstructed, and good crossings at the grade of said tract shall be made and maintained by said Railroad Company. The said Railroad Company shall plank between said rails on said streets
crossing. Said planking to be for the full width of the streets and sidewalk, and even with the track. (Ord. 255 §2, 1920).
10.14.050 Railroad liability
That the City of Rexburg shall in no way be liable or responsible for any accident or damage that may occur in the construction or operation of said railroad by reason of the fault,
misconduct or negligence of the said grantee, its successors and assigns, or their employees, and the acceptance of this grant shall be deemed an agreement on the part of said grantee
for itself, its successors and assigns, to have the said City of the free from all liability, loss, expense and damage of any nature arising out of any such fault, misconduct or negligence.
(Ord. 255 §3, 1920).
10.14.060 Right of way restrictions
Nothing in this chapter shall be so construed as to give the Oregon Short Line Railroad Company, its successors and assigns, the right to close any of the streets within the corporate
limits of the City of Rexburg, from public traffic or to prohibit the City Council from granting any other corporation or association the right to build a railroad that shall intersect
or cross the tracts of the said Oregon Short Line Railroad Company. (Ord. 255 §4, 1920).
10.14.070 Railroad destruction – Misdemeanor
Any person or persons, who maliciously removes, displaces, injures, or destroys any part of any railroad, whether for steam or horse cars, or any track of any railroad, or any branch
or branchway, switch, turnout, bridge, viaduct, culvert, embankment, station house, or other structure or fixture, or any part thereof attached to or connected with any railroad; or
places any obstruction upon the rails or tracks of any railroad, or any switch, branch, branchway or turnout connected with any railroad; within the corporate limits of the City of
Rexburg is guilty of a misdemeanor. (Ord. 5 §5, 1899).
10.14.080 Railroad water crossings required
All companies constructing railroads within the corporate limits of the City of Rexburg shall be subject to the following regulations:
They shall, at their expense, construct and keep in good repair crossing for all water ditches, sewers, drains, and all fixtures connected therewith and with the distribution of water
in said City which may be affected by the construction of their railroads; such construction and repairs to be done subject to the approval of the City board. (Ord. 13 §1, 1899).
10.14.090 Railroad street crossings required
It shall be incumbent on all railroad companies at their own expense to construct safe and sufficient crossings at grade of such railroads, for all streets now or hereafter to be made
which shall be intersected by such railroads, including such embankments or excavations as may be required to make the passage over such railroads safe and convenient for all purposes
for which streets are usually used. Such companies shall also make their railroad tracks conform to what is or may hereafter be the established grade of the streets at the places through
which the same may pass, and no company shall take up, remove, carry away or cause or permit to be taken up, removed or carried away, any rock, gravel, earth or other material from
any street, alley or public place, for making embankments, grades or for any other purpose, except by the permission of the City Council and under the direction of the Street Supervisor.
All railroad companies shall plank between the rails and for two feet on either side of the outer rail on all streets that may be crossed by said tracks, said planking to be for the
full width of such streets and sidewalks, unless otherwise provided by the City Council.. (Ord. 80 Chapter 7 §51, 1904 ).
10.14.100 Train speed, bell, and standing regulations
The tracks of all railroads shall be laid in the center of the streets, unless otherwise directed by the City Council; and all locomotives, cars and trains are hereby prohibited from
running at a greater speed than eight miles per hour within the corporate limits of the City of Rexburg, and the bells on locomotives in motion shall in all cases be rung continuously
in the inhabited portions of the city, and no train, engine or cars shall be allowed to stand upon any street or sidewalk crossing so as to obstruct the ordinary travel thereon for
a longer period at any one time than five minutes. (Ord. 80 Chapter 12 §52(part), 1904 ).
10.14.110 Violation – Penalty
Any engineer, train or yard master, switchman or other person in charge or control of such locomotive, cars or trains violating any of the provisions of this section shall be deemed
guilty of a misdemeanor, and upon conviction thereof shall be fined in any sum not exceeding seventy-five dollars, or be imprisoned not exceeding thirty days, or both fine and imprisonment,
together with costs of prosecution. (Ord. 80 Chapter 12 §52(part), 1904 ).
NOTE: All Rexburg City Ordinance Misdemeanor violation penalties are hereby amended to be Infraction penalties for the City of Rexburg. (Ordinance 1164 §1, 2017).
CHAPTER 10.15 MUNICIPAL AIRPORT*
*Note to Chapter 10.15: For statutory provisions granting cities the authority to provide and regulate municipal airport facilities, see Idaho Code §§21-401 and 50-321.
10.15.010 Person defined
"Person" means any individual, firm, copartner ship, corporation, company, association, joint stock association or body politic, and includes any trustee, receiver, assignee or other
similar representative thereof. (Ord. 371 §1, 1950).
10.15.020 Conformity with Civil Aeronautics Board regulations required
All aeronautical activities at the Rex- burg Municipal Airport, and all flying of aircraft departing from or arriving at the Rexburg Municipal Airport, shall be conducted in conformity
with the current pertinent provisions of the Civil Air Regulations issued by the Civil Aeronautics Board. (Ord. 371 §2(a), 1950).
10.15.030 Airport manager – Authority to suspend operations
The airport manager may suspend or restrict any or all operations without regard for the weather conditions whenever such action is deemed necessary in the interest of safety. (Ord.
371 §2(b), 1950).
10.15.040 Public safety requirements – Airport manager authority
The airport manager shall at all times have authority to take such action as may be necessary to safeguard the public in attendance at the airport. Every pilot, mechanic or other person
employed on or using the airport shall cooperate with the airport management to enforce these rules and to see that all persons on the premises use due care and caution to prevent injury
to persons or damage to property. (Ord. 371 §2(c), 1950).
10.15.050 Rules and regulations – Responsibility of instructors and students
Instructors will fully acquaint their students with these rules and shall be responsible for the conduct of students under their direction during dual instruction. When a student is
flying solo, it shall be his sole responsibility to observe and abide by these rules. (Ord. 371 §2(d), 1950).
10.15.060 Ground rules generally
Aircraft engines shall be started or warmed up only in the places designated for such purposes by the airport manager. At no time shall engines be turned up when hangars, shops, other
buildings, or persons in the observation area, are in the path of the propeller stream. When hand--cranked, a competent operator shall be at the controls and the wheels chocked. No
person shall fly a plane from the field without a check as to the fuel and oil supply and airworthiness of the aircraft. (Ord. 371 §3(a), 1950).
10.15.070 Aircraft – Parking location and procedure
Aircraft shall not be parked except in areas and in the manner designated by the airport manager. (Ord. 371 §3(b), 1950).
10.15.080 Aircraft – Repair restrictions
All repairs to aircraft or engines, except emergency repairs, shall be made in the spaces designated for this purpose and not on the area reserved for landing or taking off. (Ord. 371
§3 (c), 1950).
10.15.090 Landing area restrictions
No person or persons, except airmen, duly authorized personnel, passengers going to or from aircraft, or other persons being personally conducted by airmen or airport attendants, shall
be permitted to enter the landing area proper. This does not give any person or persons so accepted the privilege of unrestricted use of this space. These privileges are confined to
the necessary use of this space in connection with flights, inspections or routine duties. (Ord. 371 §3(d), 1950).
10.15.100 Aircraft – Tie-down and blocking requirements
Aircraft shall be properly blocked and tied down by the owner or operator when parked for overnight or when conditions otherwise warrant. (Ord. 371 §3(e), 1950).
10.15.110 Motor vehicles prohibited beyond building line – Exceptions
No motor vehicle shall be driven beyond the building line proper without the express permission of the airport manager or his designated representative, nor otherwise than in accordance
with his instructions. (Ord. 371 §3(f), 1950).
10.15.120 Automobile parking restrictions
No automobile shall be parked on the airport property except in areas designated for that purpose by the airport manager. (Ord. 371 §3(g), 1950).
10.15.130 Taxiing – Restrictions generally
No person shall taxi an aircraft to or from the hangar line or to or from an approved parking space until he has ascertained that there will be no danger of collision with any person
or object in the immediate area by visual inspection of the area and, when available, through information furnished by airport attendants. (Ord. 371 §4(a), 1950).
10.15.140 Taxiing – Speed limitation
No aircraft shall be taxied except at a safe and reasonable speed. (Ord. 371 §4(b), 1950).
10.15.150 Taxiing – Restrictions on vehicles without brakes
No aircraft not equipped with adequate brakes shall be taxied near buildings or parked aircraft unless an attendant is at the wing of the aircraft to assist the pilot. (Ord. 371 §4(c),
1950).
10.15.160 Keeping runway clear
For engine run up and while awaiting takeoff clearance, planes shall keep clear of runway. (Ord. 371 §4(d), 1950).
10.15.170 Taxiing – Conformance with approved patterns required
Aircraft taxiing shall conform to the taxi patterns attached to the ordinance codified in this chapter and on file in the office of the city clerk-treasurer, which are a supplement to
these rules. (Ord. 371 §4(e), 1950).
10.15.180 Landings and takeoffs – Wind conditions
Landings or takeoffs shall be made on the runway or landing strip most nearly aligned with the wind or, when winds are light, to the south. Winds of six miles per hour or less are considered
calm. (Ord. 371 §5(a), 1950).
10.15.190 Landings and takeoffs – Safe distance requirements
No landings or takeoffs will be made except at a safe distance from buildings or aircraft. (Ord. 371 §5(b), 1950).
10.15.200 Turns after takeoff restrictions
No turn shall be made after takeoff until the airport boundary has been reached and the pilot has attained an altitude of at least four hundred feet and has ascertained there will be
no danger of collision with other aircraft, unless exceptions are authorized. (Ord. 371 §5(c), 1950).
10.15.210 Fire and safety regulations – Generally
All persons using in any way the airport area or the facilities of the airport shall exercise the utmost care to guard against fire and injury to persons or property. (Ord. 371 §6(a),
1950).
10.15.220 Operations using welding or open flame restrictions
No person shall conduct any welding or open flame operations in or adjacent to any hangar unless specifically authorized by the airport manager. (Ord. 371 §6(b), 1950).
10.15.230 Material and equipment storage – Fire hazards prohibited
No person shall store or stock material or equipment in such a manner as to constitute a fire hazard. (Ord. 371 §6(c), 1950).
10.15.240 Aircraft fueling – Smoking prohibited
No person shall smoke within one hundred feet of an aircraft being fueled. (Ord. 371 §6(d), 1950).
10.15.250 Aircraft fueling restrictions
No aircraft shall be fueled while the engine is running or while such aircraft is in a hangar. (Ord. 371 §6(e), 1950).
10.15.260 Aircraft fueling – Grounding requirements
All aircraft shall be positively grounded when being serviced with gasoline. (Ord. 371 §6(f), 1950).
10.15.270 Cleanliness responsibilities
All private plane and hangar owners and pilots shall be responsible for the cleanliness of the airport and the facilities they use. (Ord. 371 §6(g), 1950).
10.15.280 Commercial privilege restrictions
No commercial privileges shall be allowed any unauthorized operators or pilots except by written permission of the airport manager or city council. (Ord. 371 §7, 1950).
10.15.290 Violation – Penalty
Any person violation any of the provisions of this chapter shall be guilty of a misdemeanor and shall be punishable as set forth in Chapter 1.24 of this code. (Ord. 371 §8, 1950).
NOTE: All Rexburg City Ordinance Misdemeanor violation penalties are hereby amended to be Infraction penalties for the City of Rexburg. (Ordinance 1164 §1, 2017).
ARTICLE I TRAFFIC UPON AIRPORT RUNWAYS AND TAXI AREAS
10.15.300 Unlawful acts
It is unlawful for any person, firm, corporation or business entity, except as duly authorized by the Rexburg-Madison County airport board or its manager, to drive a motor vehicle or
vehicles, animal or animals, ride or walk upon or across any airport runway or taxi area located upon the premises occupied by the Rexburg Madison County Airport, or to permit animals
to run at large on the premises occupied by the Rexburg-Madison County Airport and/or upon the premises occupied by the Rexburg Municipal Golf Course. (Ord. 580 §1, 1977).
10.15.310 Violation – Penalty
Any such person, firm, corporation or business entity who shall violate the provisions of Section 10.15.300 shall be deemed guilty of a misdemeanor and upon conviction thereof shall
be punished by a fine of not more than three hundred dollars or by imprisonment not to exceed six months, or by both such fine and imprisonment. (Ord. 580 §2, 1977).
NOTE: All Rexburg City Ordinance Misdemeanor violation penalties are hereby amended to be Infraction penalties for the City of Rexburg. (Ordinance 1164 §1, 2017).
TITLE 11 FRANCHISE AGREEMENTS
CHAPTER 11.01 CABLE ONE (10 YEARS)
11.01.010 Grant of franchise
The Ordinance grants to Cable One, Inc., a non-exclusive franchise agreement which allows them to make use of public rights-of-way, and to collect a franchise tax on behalf of the City
of Rexburg. It further provides for the details of how the agreement between the City and the cable company will be implemented. The effective date of the Ordinance is the date of
its passage, approval and final publication. A copy of the full text of the Ordinance is available at City Hall, 35 North 1st East, in Rexburg, Idaho. Examination or copies may be
requested in writing or in person during regular business hours of the City Clerk, from 8:00 a.m. to 5:00 p.m. pursuant to the Open Records Act, Idaho Code, Title 9, Chapter 3. (Ord.
1057, 2010)
11.01.020 Term
Term of Agreement: December 6th, 2010 to December 7th, 2020
CHAPTER 11.02 PACIFICORP (UTAH POWER)
11.02.010 Grant of franchise
The City hereby grants to PacifiCorp the right, privilege and authority to construct, maintain, operate, upgrade, and relocate its electrical distribution and transmission lines and
related appurtenances, including underground conduits and structures, poles, towers, wires, guy anchors, vaults, transformers, transmission lines, and communication lines (collectively
referred to herein as “Electric Facilities”) in, under, along, over and across the present and future streets, alleys, public ways and public places (collectively referred to herein
as “Public Ways”) within the City, for the purpose of supplying and transmitting electric power and energy to the inhabitants of the City and persons and corporations beyond the limits
thereof. (Ord. 929 §1, 2004).
11.02.020 Term
The term of this Franchise and General Utility Easement is for thirty-five (35) years commencing on the date of acceptance by the Company. (Ord. 929 §2(part), 2004).
CHAPTER 11.03 INTERMOUNTAIN GAS
11.03.010 Grant of franchise
There is hereby granted to Intermountain Gas Company, a corporation, its successors and assigns (hereinafter collectively referred to as "Grantee") a twenty (20) year extension to the
right and authority to construct, install, maintain and operate a gas transmission and distribution system, including mains, pipes, conduits, services and other necessary structures
and appliances appertaining in, under, upon, over, across and along the streets, alleys,
bridges and public places within the present and future corporate limits of the City of Rexburg, Idaho (hereinafter referred to as "City") for the furnishing, transmission, distribution
and sale of gas, whether artificial, natural, mixed or otherwise, for heating, domestic, industrial and other purposes and for transmitting gas into through and beyond the said City.
The City represents that it has the sole power and authority to make this grant of authority and agrees to notify Grantee in writing if the City should cease to have this power. (Ord.
954 §1, 2006).
11.03.020 Term
The right, authority and grant herein and hereby made to said Grantee, its successor and assigns, is granted for and limited in time to a period of twenty (20) years from March, 2006
through and including February, 2027. (Ord. 954 §4, 2006).
CHAPTER 11.04 FALL RIVER RURAL ELECTRIC
11.04.010 Grant of Franchise
The City hereby grants to Fall River Rural Electric the right, privilege and authority to construct, maintain, operate, upgrade, and relocate its electrical distribution and transmission
lines and related appurtenances, including underground conduits and structures, poles, towers, wires, guy anchors, vaults, transformers, transmission lines, and communication lines
(collectively referred to herein as “Electric Facilities”) in, under, along, over and across the present and future streets, alleys, public ways and public places (collectively referred
to herein as “Public Ways”) within the City, for the purpose of supplying and transmitting electric power and energy to the inhabitants of the City and persons and corporations beyond
the limits thereof.
(Ord. 1007 §1, 2008).
11.04.020 Term
The term of this Franchise and General Utility Easement is for thirty-five (35) years commencing on the date of acceptance by the Company as set forth in Section 3 below. (Ord. 1007
§2, 2008).
TITLE 12 STREETS, SIDEWALKS AND PUBLIC PROPERTY
Title 12 sets forth the provisions regulating construction, numbering, access, etc. relating to the City’s streets and sidewalks.
For statutory provisions authorizing cities to remove encroachments on and construct, rebuild and repair public streets and sidewalks, see Idaho Code §§50-311 to 50-317.
CHAPTER 12.01 SIDEWALK CONSTRUCTION
12.01.010 Sidewalks in all areas of the city
The City of Rexburg hereby adopts the policy of complete compliance with respect to the requirement that there be sidewalks in all areas within the city limits of Rexburg. It shall be
the duty of the City Engineer or the Planning and Zoning Commission to determine that a proposed site plan, or plat drawings contain provisions for minimum 5' sidewalks, unless there
is prior written approval of the City Building Inspector for any deviation from a 5' sidewalk. It shall further be the duty of the City Engineer or the Planning and Zoning Commission
to decline to issue permits necessary for construction or occupancy in the event such sidewalk compliance is not met. (Resolution No. 1994-4(part))
12.01.020 Standard Drawings and Specifications
The City of Rexburg adopts the standards and specification set forth in the current edition of the City of Idaho Falls Standard Drawings & Specifications, as the City of Rexburg's minimum
Standard Drawings & Specifications and any additions, amendments or addenda thereto established by the City Engineer. (Resolution No. 1995-1(part))
12.01.021 Standards for Public Works Construction and Supplemental Conditions
The City of Rexburg adopts the standards and specification set forth in the current edition of the Idaho Standards for Public Works Construction and Supplemental Conditions - Standard
Drawings & Specifications, as the City of Rexburg’s minimum Standard Drawings & Specifications and any additions, amendments or addenda thereto established by the City Engineer.
Any subdivision which shall request annexation into the City of Rexburg or any subdivision which is in the Rexburg Impact Zone and all lots less than one acre in size, must be in substantial
compliance with the Rexburg Standard Drawings & Specifications prior to being annexed or approved, unless modified by an annexation or development agreement. The terms of this resolution,
if in conflict with any existing Ordinances or Resolutions, shall be controlling. Specifically, this Resolution applies to Ordinance No. 658 (Rexburg Subdivision Ordinance). (Resolution
No. 2008-17)
12.01.030 Subdivision annexation
Any subdivision which shall request annexation into the City of Rexburg or any subdivision which is in the Rexburg Impact Zone and all lots less than one acre in size, must be in substantial
compliance with the Rexburg Standard Drawings & Specifications prior to being
annexed or approved, unless modified by an annexation or development agreement. (Rexburg Subdivision Ordinance).
12.01.040 Sidewalk minimum requirements
Streets shall have as a minimum:
5' Wide Sidewalks on both sides
Concrete Curb & Gutter on both sides
Normal minimum grade = 0.40%
Absolute minimum grade = 0.30% can be used only under unusual circumstances with prior written approval of the City Engineer. (Resolution No. 1995-1(part)).
12.01.050 New Owners
Whenever a lot within the City of Rexburg which does not have an existing sidewalk changes ownership, a new sidewalk must be installed on said lot within thirty (30) days unless a written
extension of time for installation is granted by the City Engineer. (Resolution No. 1995-6(part)).
12.01.060 Reconstruction
Whenever there is major street reconstruction (which includes, but is not limited to, replacement of curb, gutter, or asphalt overlay) then the adjoining lot owners shall be required
to install sidewalks, if such are not already in existence. (Resolution No. 1995-6(part)).
12.01.070 Existing sidewalks
When there are existing sidewalks already in place on the same side of a street, all new or replaced sidewalks should be in conformity, as far as placement, with those in existence.
The width of the sidewalks shall be five feet or more unless the majority of the sidewalks on the same side of the street have a narrower width. (Resolution No. 1995-6(part)).
12.01.080 Obstruction of sidewalks
It shall be unlawful for any person to obstruct any street, alley or public sidewalk within the corporate limits of the City of Rexburg (Ord. 1019 Art I §2, 2009).
12.01.090 Business upon public sidewalks
It shall be unlawful for any person to store, install, maintain or operate any material, vehicle, structure, fixture or business upon any public sidewalk within the City, except as permitted
by Section 12.01.100 below. (Ord. 1019 Art I §4 , 2009).
2.01.091 Adrvertisement on Sidewalks
It shall be unlawful to sell, display or advertise the sale of any goods, wares, merchandise, food or beverage upon or from any cart, rack, structure or vehicle situated upon any public
sidewalk within the City, except as permitted by Section 12.01.100 below. (Ord. 1019 Art I §5, 2009).
12.01.100 Business upon public sidewalks – Exceptions
Notwithstanding Sections 12.01.060, 12.01. 070, 12.01.080, 12.01.090, and 12.01.091 above, the City Council may by resolution duly passed and adopted, declare a day or days in the commercial
areas of the City of Rexburg during which licensed merchants may display and sell goods, wares and merchandise in front of their respective places of business. The merchandise so displayed
shall be confined within an area extending from the store front toward the street line no more than ½ the total width, and under no circumstance shall the display area extend any closer
than five (5) feet from the street line, and shall not cover any more than a total of one half (1/2) of the total area of sidewalk in front of the business. Nothing herein contained
shall allow for placement of merchandise in such a manner as to require, or encourage pedestrians to walk upon the street. (Ord. 1019 Art I §6, 2009).
12.01.110 Indemnifying liability
Any licensed merchant or other person conducting a lawful business in the commercial area, may for the purpose of displaying goods, wares and merchandise, petition the City of Rexburg
for permission to engage in such conduct on a regular basis provided that said merchant, shall first be required to indemnify the City of Rexburg from any and all liability by reason
thereof to the extent of $500,000.00 for any one accident and to file proof with the City of such liability insurance indemnifying the City of Rexburg, and the same restrictions as
set forth above in Section E shall apply as to placement. Provided that any such display of merchandise shall be removed at the end of each business day or during any period when the
adjacent business in not open for business.
(Ord. 1019 Art I §7, 2009).
12.01.120 Sidewalks less than six feet
At any location in the commercial area where the sidewalk is less than six feet in width, then the clear space for pedestrian passage shall not be reduced to less than four feet. (Ord.
1019 Art I §8, 2009).
12.01.130 Violation – Penalty
Any person, firm or corporation violating any provision sections 12.01.070-12.01.110 shall, upon conviction thereof, be guilty of a misdemeanor, and be punishable by a fine not to exceed
Three Hundred Dollars ($300.00) or by imprisonment for not more than six (6) months or by both such fine and imprisonment. In addition, the City shall have the right to remove the
obstruction at their discretion, and the cost of so doing shall be added to the monthly utility billing sent out by the City to the appropriate property owner or account holder. (Ord.
1019 Art III §3, 2009).
NOTE: All Rexburg City Ordinance Misdemeanor violation penalties are hereby amended to be Infraction penalties for the City of Rexburg. (Ordinance 1164 §1, 2017).
12.01.140 Conformity with average setback
When fifty (50) percent or more of the lots on the same side of the street have been built, all buildings erected, established, or rebuilt shall be in conformity with the averaged setback
of
such buildings. In all Residential Zones all buildings erected, established, or rebuilt shall be required to place sidewalks and landscaping in any right-a-way which reasonably allows
for placement of the sidewalk up to and including seven (7) feet of landscaping or as existing conditions dictate. In the Residential Zones the front yard setback would be changed to
20 feet. (Ord. 802 §2, 1998).
CHAPTER 12.02 OBSTRUCTIONS*
*Note to Chapter 12.02: For statutory provisions authorizing cities to remove all obstructions from sidewalks at the expense of the persons placing them there, see Idaho Code §50-314.
12.02.010 Applicability of Sections 12.02.020 through 12.02.040
The provisions of Sections 12.02.020 through 12.02.040 shall apply to the streets and parts of streets within the following limits:
Main Street between the Oregon Short Line Railroad and the east line of Third East Street and College Avenue between Main Street and Second South Street. (Ord. 300 §3, 1929).
12.02.020 Construction or maintenance of pumps, tanks, appliances, signs, etc. – Restrictions
It is unlawful for any person, firm or corporation to install, build, erect, place or maintain upon any curb or sidewalk, or any place between the curbline and private property line
on the streets and parts of streets within the limits designated in Section 12.02.010 of this chapter, any pump of any kind, or tank or any fixture or appliance for any purpose whatsoever,
or any sign or other obstruction, or any planks, plank crossing, or driveway in or over any gutter within the defined limits within the city. (Ord. 300 §1, 1929).
12.02.030 Removal of certain objects required – Time limit – Abatement as public nuisance
All pumps, tanks, and other fixtures and appliances of every kind whatsoever, and all signs and other obstructions upon any curb or curbs, sidewalk, or any space between the curbline
and private property line, and all planks and plank crossings and driveways over any gutter or gutters in the streets and parts of streets designated in Section 12.02.010, shall be
removed before the first day of June 1950 and any and all such objects and obstructions not removed within the time in this section provided shall be and are hereby declared to be public
nuisances, and same shall be abated as public nuisances. (Ord. 300 §2, 1929).
12.02.040 Violation of Sections 12.02.010 through 12.02.030 – Penalty
Any person, firm or corporation violating the provisions of Sections 12.02.010 through 12.02.030 shall be deemed guilty of a misdemeanor and upon conviction thereof shall be punishable
as set forth in Chapter 1.02.020 of this code. (Ord. 300 §4, 1929).
NOTE: All Rexburg City Ordinance Misdemeanor violation penalties are hereby amended to be Infraction penalties for the City of Rexburg. (Ordinance 1164 §1, 2017).
12.02.050 Sidewalk obstruction prohibited – Exception
It is unlawful for any person or persons to obstruct any part of the sidewalks within the corporate limits of the city with building material or any other material without permission
of the city council first obtained in writing. (Ord. 5 §1, 1899).
12.02.060 Excavations restrictions
It is unlawful for any person or persons to excavate the earth from the sidewalks or from under the plank sidewalks within the corporate limits of the city for cellars or pits, or for
any purpose. (Ord. 5 §2, 1899).
12.02.070 Riding or driving animals on sidewalks prohibited
It is unlawful for any person or persons to lead, drive or ride any horse, mule or any other beast of burden upon any sidewalk within the corporate limits of the city. (Ord. 5 §3, 1899).
12.02.080 Injuring or obstructing streets deemed misdemeanor
Any person or persons who obstructs, injures or damages any of the streets or alleys of the city, either by placing obstructions thereon, by digging in or by deepening or deviating the
water of any stream, or by placing any obstruction in any ditch or stream within or along any of the streets or alleys of the city, or by placing or constructing any obstruction, ditch
or embankment upon their own or other lands so as to make or cause any water to flow upon or impair any of the streets or alleys of the city, or in any other manner injures or obstructs
any of the streets or alleys of the city, is guilty of a misdemeanor. (Ord. 5 §4, 1899).
12.02.090 Railroad property – Malicious damage or destruction deemed misdemeanor
Any person or persons, who maliciously removes, displaces, injures or destroys any part of any railroad, whether for steam or horse cars, or any track of any railroad, or any branch
or branchway, switch, turnout bridge, viaduct, culvert, embankment, station house or other structure or fixture, or any part thereof attached to or connected with any railroad, or places
any obstruction upon the rails or tracks of any railroad or any switch, branch, branchway or turnout connected with any railroad within the corporate limits of the city is guilty of
a misdemeanor. (Ord. 5 §5, 1899).
12.02.100 Violation of Sections 12.02.050 through 12.02.090 – Penalty
Any person or persons violating any of the provisions of Sections 12.02.050 through 12.02.090 of this chapter, upon conviction thereof, shall be deemed guilty of a misdemeanor and shall
be punishable as set forth in Chapter 1.02.020 of this code. (Ord. 5 §6, 1899).
CHAPTER 12.03 STREET NAME AND NUMBERING SYSTEM*
*Note to Chapter 12.03: For statutory provisions authorizing cities to provide for the naming of streets and numbering of houses, see Idaho Code §50-318.
12.03.010 Street naming system described
All the streets and avenues, as platted in the several surveys of the city, shall be known by names as follows:
The street immediately south of Block 33, plat of Rexburg Townsite, running east and west to the eastern and western limits of the city, shall be known by the name of Main Street, and
the next street south as First South Street, and so on in regular order of number to the southern limits of the city. The street immediately north of said Block 33, running east and
west to the eastern and western limits of the city shall be known as First North Street, and the next street north as Second North Street, and so on in regular order of number to the
northern limits of the city. The street immediately west of said Block 33, running north and south to the northern and southern limits of the city shall be known as Central Avenue,
and the next street west as First West Street and so on in regular order of number to the western limits of the city. The street immediately east of said Block 33, running north and
south, shall be known as First East Street and so on in regular number order to the eastern limits of the city. (Ord. 221 §1, 1919).
12.03.020 College Avenue and Carlson Avenue designated
The street running south from Main Street to Second South Street through Blocks 38 and 49, plat of Rexburg Townsite, and Block 2 Parker Addition, shall be known as College Avenue.
The street running east from Central Avenue to College Avenue shall be known as Carlson Avenue. (Ord. 221 §2, 1919).
12.03.030 Directional prefixes for street names – System described
All numbers of houses on streets running east from Central Avenue shall have added thereto the letter E, signifying "east." All numbers of houses on streets running west from Central
Avenue shall have added thereto the letter W, signifying "west." All numbers of houses on streets running south from Main Street shall have added thereto the letter S, signifying "south";
and all numbers of houses on streets running north from Main Street shall have added thereto the letter N, signifying "north." (Ord. 221 §3(part), 1919).
12.03.040 Numbers and letters required – Police Chief duties
It shall be the duty of the chief of police to furnish each owner of any house situate upon any street or avenue within the limits of the city a written copy of the correct number and
letter to which said house is entitled; and each owner shall, within sixty days after such notice, cause a painted, carved or metal duplicate of such number and letter to be placed
in a conspicuous position upon such house in a permanent and durable manner. (Ord. 221 §4, 1919).
CHAPTER 12.04 PARK REGULATIONS
12.04.010 Hours of operation
For additional information on this section please see Ord. 968, §3, 2006.
12.04.020 Requirements concerning use of grounds and facilities
Each person, firm or corporation using the public parks and grounds shall clean up all debris, extinguish all fires when such fires are permitted, and leave the premises in good order,
and the facilities in a neat and sanitary condition. (Ord. 968, §1, 2006).
12.04.030 Prohibited acts
It shall be unlawful for any person, firm or corporation using such Parks to either perform or permit to be performed any of the following acts:
For a complete list of these acts please see Ord. 968, §2, 2006.
12.04.040 Some special activities prohibited
It shall be unlawful to engage in special activities including flying model airplanes, golf practice, games except at locations specifically designated for such activities by the City
Council or designated agent of the City of Rexburg relative to Parks. Areas for such activities may be reserved by groups for use at specified times. (Ord. 968, §6(a), 2006).
12.04.050 Non-designated vehicles prohibited in parks
It shall be unlawful to drive or park any motor-driven vehicle except on a street, driveway or parking lot in any Park; or to park or leave any such vehicle in any place other than established
for public parking, without a written permit from the City Council or designated agent of the City of Rexburg relative to Parks. (Ord. 968, §6(b), 2006).
12.04.060 Unleashed animals prohibited*
*Note to Section 12.04.060: See Section 6.04.010 for leash requirements and other animal owner responsibilities.
It shall be unlawful for any person to bring or harbor any animal in the Parks, except as may be allowed pursuant to established leash laws for the City of Rexburg. (Ord. 968, §6(c),
2006).
12.04.070 Sales within any park prohibited without permission
It shall be unlawful for any person other than those designated by the City Council or designated agent of the City of Rexburg relative to Parks, to vend, sell, peddle, or offer for
sale any commodity or article within any Park. (Ord. 968, §6(d), 2006).
12.04.080 Smoking restrictions
It shall be unlawful for any person to smoke within fifty feet (50) of any structure, bleacher, playground equipment or water facility within the Park. (Ord. 968, §6(e), 2006).
12.04.090 Alcoholic beverage restrictions
It shall be unlawful for any person to have in his or her possession, custody or control any alcoholic beverages of any kind whatsoever. (Ord. 968, §6(f), 2006).
12.04.100 Posting of signs etc. prohibited without permission
It shall be unlawful for anyone to paste, glue, tack or otherwise post any sign, placard, advertisement, or inscription whatever, or for any person to erect or cause to be erected any
sign whatever on any public lands or highways or roads adjacent to a Park without first having obtained permission from the City Council or designated agent of the City of Rexburg relative
to Parks. (Ord. 968, §6(g), 2006).
12.04.110 Violation a misdemeanor
Any person, firm or corporation who fails, neglects, or refuses to comply with the provisions of this ordinance shall be deemed to be in violation thereof and guilty of a misdemeanor,
and upon conviction thereof, shall be subject to a fine of not less than twenty-five dollars and not more than three hundred dollars, or may be confined in jail for a period of not
more than thirty days, either or both such fine and imprisonment may be imposed, and in addition thereto, any person so convicted shall pay such costs as the Court may assess. (Ord.
968, §7, 2006).
12.04.120 Exceptions for government officials
Provided that the provisions of sections 12.04.010 – 12.04.100 shall not apply to any properly authorized government official in pursuit of any official duty. (Ord. 968, §6(part), 2006).
CHAPTER 12.05 ACCESS TO STREETS, ALLEYS AND PUBLIC SIDEWALKS
12.05.010 Obstruction unlawful
It shall be unlawful for any person to obstruct any street, alley or public sidewalk within the city of Rexburg. (Ord. 1019 Art I §2, 2009).
12.05.020 Public use of sidewalk – Restricted
It shall be unlawful for any person to store, install, maintain or operate any material, vehicle, structure, fixture or business upon any public sidewalk within the city, except as permitted
by Section 12.05.040. (Ord. 1019 Art I §4, 2009).
12.05.030 Selling, displaying or advertising of merchandise – Restricted
It shall be unlawful to sell, display or advertise the sale of any goods, wares, merchandise, food or beverage upon or from any cart, rack, structure or vehicle situated upon any public
sidewalk within the city, except as permitted by Section 12.05.040. (Ord. 1019 Art I §5, 2009.
12.05.040 Public use of sidewalks – Exceptions
For additional information please see Ord. 1019 Art I §6, 2009.
12.05.050 Liability insurance – Required
For additional information please see Ord. 1019 Art I §7, 2009.
12.05.060 Clearance for pedestrian passage
At any location in the commercial area where the sidewalk is less than six feet in width, then the clear space for pedestrian passage shall not be reduced to less than four feet. (Ord.
1019 Art I §8, 2009).
12.05.070 Violation – Penalty
Any person, firm or corporation violating any provision of this chapter shall, upon conviction thereof, be punishable by a fine not to exceed three hundred dollars or by imprisonment
for not more than six months or by both such fine and imprisonment for any single violation Ord. 1019 Art III §1, 2009.
NOTE: All Rexburg City Ordinance Misdemeanor violation penalties are hereby amended to be Infraction penalties for the City of Rexburg. (Ordinance 1164 §1, 2017).
CHAPTER 12.06 PARADES AND PUBLIC ASSEMBLIES
12.06.010 Definitions
The following words and phrases when used in this chapter shall have the meaning set out in this section.
Chief of police: means the chief of police of the city of Rexburg or the chief's authorized designee.
City clerk: means the clerk of the city or the clerk's authorized designee. (Ord. 810 §1, 1998).
12.06.020 Application
A person seeking a permit shall obtain and file an application with the city clerk on forms provided by such officer.
An application for a permit shall be filed with the city clerk at least forty-five days and not more than one year before the parade or public assembly is proposed to commence. (Ord.
810 §2, 1998).
12.06.030 Fees
The city council may establish such fees as are necessary and reasonable by resolution. (Ord. 810 §3, 1998).
12.06.040 Standards for issuance
Only one permit will be granted for the same time and/or location. The city clerk shall issue a permit on a first-come, first- served basis.
Any other reasonable regulation or restriction deemed necessary by the chief of police for the protection and safety of the parade participants, viewing public or for the public health,
safety and general welfare of the citizens of the city may be imposed by the chief of police. However, such additional regulations or restrictions shall be specified in writing to the
applicant with all reasons therefore clearly enumerated. (Ord. 810 §4, 1998).
12.06.050 Notice of denial of application
The city clerk shall act promptly upon a timely filed application for an activity requiring a permit but in no event shall grant or deny a permit less than twenty days prior to the event.
If the city clerk denies the application, the applicant shall be notified by either personal delivery or United States mail at least twenty days prior to the event of his action and
state the reasons for the denial to the address or telephone number provided on the permit application. (Ord. 810 §5, 1998).
ternative permit
For additional information on this section please see Ord. 810 §6, 1998.
12.06.070 Appeal procedure
Any applicant shall have the right to appeal the denial of a permit to the city council. The denied applicant shall make the appeal within five days after receipt of the denial by filing
a written notice with the city clerk and a copy of the notice with the city clerk. The city council shall act upon the appeal at the next regularly scheduled meeting following receipt
of the notice of appeal. (Ord. 810 §7, 1998).
12.06.080 Contents of permit
Each permit shall state at least the following:
Starting and approximate ending time; and
The portions of the streets that may be occupied by the activity requiring a permit. (Ord. 810 §8, 1998).
12.06.090 Duties of permittee
A permittee hereunder shall comply with all permit conditions and with all federal, state and local laws. (Ord. 810 §9, 1998).
12.06.100 Prohibitions and regulations
For additional information on the prohibitions and regulations for activities requiring a
permit please see Ord. 810 §10, 1998.
12.06.110 Violation – Penalties
Any person who violates or fails to comply with any of the provisions of this chapter or who, having obtained a permit hereunder, willfully fails to continue to comply with the conditions
set forth in this chapter is guilty of a misdemeanor, and upon conviction thereof, may be fined in accordance with state statutes. (Ord. 810 §11, 1998).
12.06.120 Emergency cancellation/termination
The chief of police may order an activity requiring a permit to terminate and disperse in the event of a natural calamity or in the event public peace is breached and/or life and/or
property is in eminent danger. (Ord. 810 §12, 1998).
12.06.130 Severability
The provisions of this chapter are severable and if any provision, clause, sentence, subsection, word or part thereof is held illegal, invalid or unconstitutional or inapplicable to
any person or circumstance, such illegality, invalidity or unconstitutional or inapplicability shall not affect or impair any of the remaining provisions, clauses, sentences, subsections,
words or parts of this chapter or their application to other persons or circumstances. It is declared to be the legislative intent that this chapter would have been adopted if such
illegal, invalid or unconstitutional provision, clause sentence, subsection, word or part had not been included therein, and if such person or circumstance to which the chapter or part
thereof is held inapplicable had been specifically exempt therefrom. (Ord. 810 §15, 1998).
CHAPTER 12.07 SIDEWALK ACCESS
12.07.010 Sidewalk Access
For additional information on this section please see Ord. 1019 Art I, 2009.
12.07.020 Sidewalk Standards and Specifications
For additional information on this section please see Ord. 1019 Art II, 2009.
12.07.030 Penalties and Effective Date
Any person, firm or corporation violating any provision of this Ordinance shall, upon conviction thereof, be guilty of a misdemeanor, and be punishable by a fine not to exceed Three
Hundred Dollars ($300.00) or by imprisonment for not more than six (6) months or by both such fine and imprisonment. In addition, the City shall have the right to remove the obstruction
at their discretion, and the cost of so doing shall be added to the monthly utility billing sent out by the City to the appropriate property owner or account holder.
All ordinances or parts of ordinances in conflict herewith are hereby repealed. (Ord. 1019 Art III, 2009).
TITLE 13 WATER AND WASTEWATER
Title 13 sets forth the regulations, requirements and enforcement provisions concerning the City’s water and sewers.
For statutory provisions allowing cities to create, develop, maintain and operate domestic water systems, see Idaho Code §50-323; for provisions giving cities control of sewers and drains
within their jurisdiction, see Idaho Code §50-332; for provisions giving cities the power to establish, operate, maintain and collect fees or charges for water and sewer systems, see
Idaho Code §50-1030.
CHAPTER 13.01 WATER REGULATIONS
13.01.010 Water system – Authority of Mayor and City Council
The water system for the supply of the city shall be under the sole and exclusive control of the mayor and city council, who may from time to time direct the construction of such works,
placing of mains, service pipes and fire hydrants as the necessities of the city may require. (Ord. 110 §1, 1907).
13.01.020 Superintendent of the waterworks – Powers and duties
The superintendent of the city waterworks shall, under the directions of the mayor and city council, have charge of such works, mains, pipes and hydrants and of the putting in of all
service pipes, shall regulate the water supply to fire hydrants and all water consumed, and shall report to the mayor and city council quarterly, or as often as required, the condition
of the waterworks and make such suggestions as the nature of the service may require. (Ord. 110 §2, 1907, amended by Ord. 216, 237, and 317).
13.01.030 Access for examination of apparatus – Penalty for violation of regulations
Free access at all reasonable hours shall be allowed the superintendent of waterworks or mayor, city clerk-treasurer or committee from the city council, to all places supplied with water,
to examine the apparatus, the amount used and the manner of using same. Any water user violating any of the rules and regulations controlling the water supply shall forfeit all payments
made and the right to the use of water. (Ord. 110 §17, 1907, amended by Ord. 216, 237, and 317).
NOTE: All Rexburg City Ordinance Misdemeanor violation penalties are hereby amended to be Infraction penalties for the City of Rexburg. (Ordinance 1164 §1, 2017).
13.01.040 Service pipe – Stopcock and key box required
For each service pipe there shall be attached at the inside line of the curb a stopcock and key box, which shall be paid for by the water consumer and be under the exclusive control
of the superintendent. (Ord. 110 §7, 1907, amended by Ord. 216, 237, and 317).
13.01.050 Service pipe – Material specifications – Permit required for extensions
All service and other pipes used underground shall be of cast iron, galvanized iron, extra strong lead or tin-lined lead (except private pipes where the city council authorizes the use
of special material), laid not less than four feet below the surface of the ground, and of sufficient strength to stand the water pressure. All work upon and alterations to or extensions
of water pipes and size of pipes shall be to the acceptance of the superintendent. No extension of service pipes shall be made without first obtaining a permit therefore from the superintendent,
for which permit there shall be paid the sum of one dollar. No extension shall be made to another water taker from the same service pipe without a stopcock and key box being attached
at the junction of such service pipe. (Ord. 110 §8, 1907, amended by Ord. 216, 237, and 317).
13.01.060 Service pipe and other apparatus – Maintenance responsibility and repair restrictions
All water users shall keep their service pipes, connections and other apparatus in good repair and protected from frost at their own expense, but no person, except under the direction
of the superintendent, shall be allowed to dig into the street or sidewalk for the purpose of laying, removing or repairing any service pipe. (Ord. 110 §10, 1907, amended by Ord. 216,
237, and 317).
13.01.070 Water use restrictions in areas where water mains are installed
Whenever the water mains are laid, no person shall be allowed to convey the water of the city from any ditch or place by private pipes for fountains, mechanical or other purposes except
the ordinary irrigation of lots under the direction of the superintendent, nor shall the water be diverted from the ordinary irrigation ditches for the supply of steam boilers or other
purposes. (Ord. 110 §19, 1907, amended by Ord. 216, 237, and 317).
13.01.080 Water main charge
For additional information on this section please see Ord. 760 §§1, 2, 4, 1994.
13.01.090 Fire hydrants – Access and repair restrictions
All public fire hydrants shall be kept in repair by the superintendent of waterworks, and in case of fire the members of the fire department and such other persons as the superintendent
shall authorize, shall have access to the hydrant. No other persons shall open or operate any fire hydrants, or attempt to draw water therefrom, or obstruct the approach thereto. (Ord.
110 §3, 1907, amended by Ord. 216, 237, and 317).
13.01.100 Fire hydrants – Wrenches – Use restrictions
Wrenches for fire hydrants shall be furnished by the chief of emergency services for the use of the members of the fire department, and to such other persons as he may deem proper, and
any officer or member of the fire department or other person having charge of one or more of the wrenches who shall permit the same to be taken from their place of deposit, or to be
used for any other purpose than that authorized by the chief of emergency services, shall be liable to a fine of not exceeding fifty dollars for each offense, besides costs. (Ord. 110
§5, 1907, amended by Ord. 216, 237, and 317).
13.01.110 Fire hydrants – Unauthorized use and willful damage prohibited
Any person who shall willfully or carelessly run any vehicle against a fire hydrant or hitch any animal to same, or draw or attempt to draw water therefrom, shall be guilty of a misdemeanor,
and upon conviction thereof shall be punishable by a fine in any sum not to exceed one hundred dollars and costs, and be liable for all damages done to said hydrant. (Ord. 110 §4, 1907,
amended by Ord. 216, 237, and 317).
13.01.120 Public use of a fire hydrant and fees associated
For additional information on this section please see Ord. 935 §1-8, 2005.
13.01.130 Water supply limitations for animal troughs and other facilities
Watering troughs for animals shall not be allowed a constant flow of water, but shall only be allowed to use such quantity as shall supply the actual wants of the stock having access
thereto; nor shall continuous streams of water be permitted to flow from hydrants, faucets or stops over wash basins, water closets or urinals, or from any other apparatus drawing water.
(Ord. 110 §16, 1907, amended by Ord. 216, 237, and 317).
13.01.140 Service – Application – Deposit requirements
With each and every application for water and sewer service to be supplied through the water and sewer systems of the city, there shall be deposited with the city clerk or city treasurer
a sum in cash, the amount to be determined by resolution of the city council. Such deposits shall be held by the city so long as the service applied for is supplied by the city, and
if and when the service is discontinued or terminated as to any water and/or sewer consumer or user, the amount of the deposit, less any amount owing the city for such water and/or
sewer service, shall be refunded. (Ord. 629 §3, 1980: Ord. 322 §7, 1935: Ord. 317 §2, 1934).
13.01.150 Service – Application – Water meter deposit requirements – Clerk Treasurer duties
Whenever an application is made for water to be supplied through the city water-works system, it shall be the duty of the city clerk-treasurer to ascertain whether or not a meter has
been installed to measure water supplied to the building or premises, and if so whether such meter has been paid for or not, and if not paid for whether there is on deposit with the
city clerk-treasurer the amount required by the provisions of Sections 13.02.030 and 13.02.040 of this code; and if the amount required by the provisions cited above is not on deposit,
then to require that such deposit be made before accepting such application. The city superintendent of waterworks shall not turn on the water for use in any building or on any
premises, or for any purpose whatsoever, until he shall have received notice from the city clerk--treasurer that the requirements of this chapter have been complied with. (Ord. 317 §2,
1934, amended by Ord. 629, 1980).
13.01.160 Service – Classifications designated
Applicants for the use of water on premises and buildings whereon water is supplied are classified, for the purpose of fixing rates and charges for water supplied through the city waterworks
system, into five classes. For the complete list please see Ord. 317 §4, 1934, amended by Ord. 629, 1980.
13.01.170 Service – Water user charges
Commencing September 1, 1993, the water user charges shall, as a minimum, be reviewed annually and updated by resolution of the city council to reflect actual costs of operation, maintenance,
replacement and financing of the city water system. (Ord. 749 §1, 1993: Ord. 555 §1, 1974: Ord. 401 §1, 1956: Ord. 399 §1, 1956: Ord. 322 §1, 1935: Ord. 317 §6, 1934: Ord. 309 §3, 1931).
13.01.180 Service – Meter rental charges
To each and every one of the classified users set forth in Section 13.01.160 above, there shall be added monthly the amount provided in Sections 13.02.030 and 13.02.040 of this code
for meter rental and service charges, when such rental and service charges should be applied, pursuant to the provisions of such sections. (Ord. 555 §2, 1974).
13.01.190 Service – Rates and charges – Monthly statement
It shall be the duty of the city clerk-treasurer to prepare and send by United States mail to every owner of property, or to the agent or tenant of the owner of property whereon water
is furnished, as directed in the application filed with the clerk--treasurer, on the first day of each month, a written statement showing the charges for monthly service and water used,
which statement in each case where no meter is in use shall show the charges for the ensuing month according to the rates provided in Section 13.01.170, and in each case where a meter
is used said statement shall show the charges for the month immediately passed, according to the rates set forth in Section 13.01.170 of this chapter. (Ord. 309 §5, 1931, amended by
Ord. 629, 1980).
13.01.200 Service – Rates and charges – Payment delinquency qualifications – Penalties
If any bill, charge or account for services or water furnished is not paid within thirty days after the service of the statement thereof as provided in Section 13.01.190, the city clerk-treasurer
shall notify the superintendent of waterworks of such delinquency, and it shall be the duty of the superintendent of waterworks to immediately shut off the water supplied to the property
in respect to which such delinquency exists; when water has been so shut off it shall not be turned on again until all delinquent charges plus penalties have been paid. (Ord. 309 §6,
1931, amended by Ord. 629, 1980).
13.01.210 Using water after turnoff for nonpayment of rates – Penalty
If any person, after the water has been turned off from his premises on account of nonpayment of rates or other violations of the rules and regulations pertaining to the water
supply, shall turn on or permit the water to be turned on, or use or permit the water to be used without authority, he shall on conviction thereof be fined not exceeding fifty dollars
for each offense. (Ord. 110 §13, 1907, amended by Ord. 216, 237, and 317).
NOTE: All Rexburg City Ordinance Misdemeanor violation penalties are hereby amended to be Infraction penalties for the City of Rexburg. (Ordinance 1164 §1, 2017).
13.01.220 Unlawful uses of water or appurtenances designated – Penalty
Any person who, by himself, family, servants or agents, shall use the water running through the water mains without paying first therefore, as provided in this chapter, or who shall,
without authority, open any stopcocks, valves or other fixtures attached to the system of water supply, or who shall in any way injure, deface or impair any part or appurtenance of
the waterworks, or who shall cast anything into any tank or reservoir belonging to the water-works, or in any manner obstruct the same, shall be punished by a fine not exceeding one
hundred dollars for each offense or by imprisonment in the city jail not exceeding sixty days or by both such fine and imprisonment. (Ord. 110 §12, 1907, amended by Ord. 216, 237, and
317).
NOTE: All Rexburg City Ordinance Misdemeanor violation penalties are hereby amended to be Infraction penalties for the City of Rexburg. (Ordinance 1164 §1, 2017).
13.01.230 Wasting water prohibited – Penalty
If any water user wastes water, or allows it to be wasted by imperfect water stops, valves, leaky joints or pipes, or runs water through basins or other apparatus, or uses the water
for any other purposes than those for which they have paid, or uses water in violation of the rules and regulations controlling the water supply and the provisions of this chapter,
he shall be liable to a fine of not to exceed twenty-five dollars for each offense, and the water may be cut off from such water users and all payment forfeited, unless such persons
shall promptly pay such reasonable charges as may be charged therefore by the superintendent. (Ord. 110 §11, 1907, amended by Ord. 216, 237, and 317).
NOTE: All Rexburg City Ordinance Misdemeanor violation penalties are hereby amended to be Infraction penalties for the City of Rexburg. (Ordinance 1164 §1, 2017).
13.01.240 Liability limitations
The city corporation shall not be held liable for damages to any water user by reason of a stoppage or other interruption of the water supply caused by a scarcity of water, accident
to works or mains, alterations, additions, repairs or from other unavoidable causes. (Ord. 110 §18, 1907, amended by Ord. 216, 237, and 317).
13.01.250 Changes to or amendment of chapter provisions – City Council authority
Nothing contained in this chapter shall prohibit the city council from amending, altering or adding to the provisions of this chapter in relation to the water supply, or the rules of
same which may be adopted in conformity therewith, provided that no alteration in water rates shall apply to any charge upon or contract made with a water user under this chapter until
after the expiration of the time for which such charge was made or contract entered into. (Ord. 110 §25, 1907, amended by Ord. 216, 237, and 317).
CHAPTER 13.02 WATER METERS
13.02.010 Purpose – Installation requirements generally
It is the purpose and policy of the city to require that meters be installed for the measuring of water by gallons to all users of water who are served by the city waterworks system,
and that such meters be installed by or under the supervision of the superintendent of waterworks. (Ord. 316 §1, 1934).
13.02.020 Specifications generally – Approval required
All water meters installed in pursuance of the provisions of this chapter shall be of standard types and qualities and of makes and kinds approved by the mayor and city council, and
no meter of any kind shall be placed, installed in or connected with the waterworks system that has not been so approved. Each meter shall be of such size and capacity as will deliver
the quantity of water required to supply the needs of the user to be served thereby. (Ord. 316 §3, 1934).
13.02.030 City to supply meters – Installation costs – Deposit requirements
The city shall purchase meters for installation in pursuance of this chapter in quantities to meet the requirements of such work, and shall supply them to property owners or water users
as required for installation as provided in this chapter at the cost thereof to the city plus the cost and expenses of installation, in each case, and such cost, price and expense of
installation shall be due from the water user or owner of the property whereon same is installed to the city clerk--treasurer as soon as the meter is installed and before water is turned
on for use on such property. If such charges are not so paid then the owner of the property or occupant thereof shall be required to make a cash deposit with the city clerk--treasurer
before the water is turned on. (Ord. 316 §4(part), 1934).
13.02.040 Location requirements
In all cases where practicable, meters shall be placed on or immediately next to the line dividing the private property from the public street, and all meters shall be placed in suitable
boxes and at sufficient depth in the ground to afford protection from injury by frost and other external causes. Meters shall be kept sealed, and all boxes shall be kept locked with
substantial locks, and the keys to such locks shall be kept by the city or its officers or employees; provided, a meter may be placed in the basement or cellar of a building wherein
water is to be used, if sufficiently protected against freezing and other injury, if the superintendent of waterworks or his assistants may have free access thereto for reading and
other services; and provided further that there is no tap or other means of drawing water between the meter and the city main. (Ord. 316 §5, 1934).
13.02.050 Access requirements – Superintendent of waterworks authority
The city superintendent of water – works shall have access to all property buildings wherein meters have been placed for reading, repairs and other service, at all reasonable times,
and if
admittance to any property or building is denied to the superintendent of waterworks or his assistants, for any of such purposes, such denial shall constitute sufficient cause for shutting
off the water from such property and building, and it shall be the duty of the superintendent of waterworks in any such case to immediately shut off such water. (Ord. 316 §6, 1934).
13.02.060 Disconnection and removal authorization – Report required
It is unlawful for any person, except the superintendent of waterworks or his assistant, to remove, disconnect or in any manner disturb or break the seal of any water meter installed
in or connected with the city water-works system, except as otherwise provided in this section; provided, if any meter located in a basement or cellar is injured by freezing or other
cause, such meter may be removed by any licensed plumber, with the consent of the superintendent of waterworks first obtained. Such plumber may reconnect the water lines in such case,
and in every such case such plumber shall make a written report to the superintendent of waterworks within twenty-four hours after such meter is removed, stating the number of the meter,
the number of the building in which it was installed, and the date and hour when same was removed, and such report shall be signed by the person who removed the meter. Any person who
removes any meter except as herein provided shall be guilty of a misdemeanor, and any plumber who removes a meter and fails to make report thereof as herein provided shall be guilty
of a misdemeanor, and any violation of the provisions of this section shall be punishable as set forth in Chapter 1.02.020 of this code. (Ord. 316 §7, 1934).
13.02.070 Rental and service charges for meters not paid for – Private installation of meter permissions
For additional information on this section please see Ord. 316 §4(part), 1934.
13.02.080 Testing – Costs
Any meter may be removed and tested by the superintendent of waterworks at the request of the owner or occupant of the property served by such meter on the payment or deposit by such
owner or occupant of the sum of three dollars to cover the charge of testing, and if such meter is found to be accurate within the limits of the guaranty of the manufacturer of the
meter, the amount deposited shall be retained by the city. If such meter is found to be inaccurate beyond the limits of such guaranty, then the deposit shall be refunded, and the meter
shall be corrected or another one installed; and in such case the water charges collected from the user served by such meter shall be adjusted on such terms as may appear to the waterworks
committee to be just. (Ord. 316 §8, 1934).
13.02.090 Use of unmetered water restrictions
When a meter has been installed to measure water drawn from the city waterworks system for use on any premises, no water for any purposes shall be drawn for use on such premises except
through such meter, and it is unlawful for any person to place or connect any pipes, tap, valve or other fixture or device in the waterworks system by means of which water may be drawn
for use on such premises without passing through such meter, or to use any such pipe, tap, valve or other fixture or device for drawing water for use on such premises, and any person
violating of the provisions of this section shall be guilty of a misdemeanor and
upon conviction thereof shall be punishable as set forth in Chapter 1.02.020 of this code. (Ord. 316 §9, 1934).
13.02.100 Cross Connections and Backflow devices
The purpose of this section is to protect the public health of water consumers of the City of Rexburg by the control of actual and/or potential cross-connections.
DEFINITIONS:
"Backflow". The flow other than the intended direction of flow, of any foreign liquids, gases, or substances into the distribution system of the City water supply.
"Backflow Prevention Device". A device to counteract back pressure or prevent back siphonaqe.
"City". City means the City of Rexburg and its designated representatives.
"Contamination". The entry into or presence in a City water supply of any substance which may be deleterious to health and/or quality of the water.
"Cross-Connection". Any physical arrangement whereby the City water supply is connected, directly or indirectly, with any other water supply system, sewer, drain, conduit, pool, storage
reservoir, plumbing fixture, or other device which contains or may contain contaminated water, sewage or other waste or liquids of unknown or unsafe quality which may be capable of
imparting contamination to the City water supply as a result of backflow.
CROSS-CONNECTIONS. For additional information please see Ord. 1093, 2013.
CHAPTER 13.03 WASTEWATER REGULATIONS
13.03.010 Private wastewater facilities – Discontinuance cleaning and filling requirements
It is unlawful for the owner or owners of any property within this city, or his, her or their agent or agents, or other person or persons having charge of or occupying such property,
such property being located on any street, alley, court, passageway or area, and within one hundred fifty feet of a sewer along any street or alley of this city, to neglect or refuse,
for the period of thirty days after notice from the board of health of this city, to discontinue the use of, clean out, disinfect and fill up all privy vaults and cesspools on such
property, or to neglect or refuse for such period after such notice to remove all outside closets on such property. (Ord. 248 §6, 1920).
13.03.020 Connection to public sewer – Authorized personnel required – Accountability
It is unlawful for any person to connect any drain or sewer pipe with the public sewer unless such person is a drain layer or plumber duly licensed by the city. The drain layer or plumber
will be held strictly accountable to the city for any damage done in the prosecution of his work. (Ord. 248 §7, 1920).
13.03.030 Permit requirements – Posting
It is unlawful for any person to commence or to carry on the work of laying, repairing, altering or connecting any sewer pipe with the public sewer, without first having a permit to
do so from the superintendent of sewers. Such permit must be on the grounds during the whole time the work is in progress, and must be exhibited to any person demanding to see it. (Ord.
248 §8, 1920).
13.03.040 Permit – Application – Fee – Issuance conditions
Applications for a permit for sewer connections for each user proposing to use such sewer must be made in writing by the owner of the premises or his authorized agent, and must be accompanied
by a plan showing the cause of the connection, its size, and the size and location of all branches to be connected with it. The application and plan, together with the fee set by the
Mayor and City Council, shall be deposited with the superintendent of sewers, which plan shall be examined by the superintendent of sewers. If in his judgment the carrying out of the
plan will cause no injury to the street in which the sewer sought to be connected with is laid, or to the carrying out of improvements projected or which may thereafter be made on said
street, or prejudicial to the interest of persons whose property has been or may thereafter be connected with the sewer, and that the plan in all things does conform to the ordinances
of this city, then the application to connect with the sewer will be granted, subject to the provisions of such ordinances. All sewer connections shall be put into line and grades designated
by the city engineer, who shall prepare a plat of each connection and file such plat in his office. (Ord. 356 §1, 1946: Ord. 260 §1, 1920: Ord. 248 §9, 1920).
13.03.050 Permit – Compliance with certain plumbing regulations prerequisite to issuance
Permits to connect with the public sewer must not be issued unless the plumbing in the house or building to be connected is in accordance with the provisions of the building ordinance
pertaining to plumbing, unless a special permit for such connection is granted by the superintendent of sewers. (Ord. 248 §18, 1920).
13.03.060 Permit – Revocation conditions
All permits for sewer connections shall be issued to the applicant therefore, and the city council may at any time revoke a permit for defective work or other cause, or upon request
of the person at whose instance the permit is issued. (Ord. 248 §10, 1920).
13.03.070 Manholes – Opening prohibited – Exception
It is unlawful for any person to open any sewer manhole without the permission of the superintendent of the sewers. (Ord. 248 §5, 1920).
13.03.080 Prohibited discharges – Garbage or other obstructions
It is unlawful for any person to empty or discharge into the public sewers any night soil, garbage or other similar matter or thing likely to obstruct the sewer. (Ord. 248 §4, 1920).
13.03.090 Injuring sewers or appurtenances prohibited
It is unlawful for any person to willfully injure, break or remove any part or portion of any sewer or any sewer appliance or appurtenance. (Ord. 248 §3, 1920).
13.03.100 Violation – Penalty
Any person violating any of the provisions of this chapter shall, upon conviction thereof, be punishable as set forth in Chapter 1.02.020 of this code. (Ord. 248 §19, 1920).
NOTE: All Rexburg City Ordinance Misdemeanor violation penalties are hereby amended to be Infraction penalties for the City of Rexburg. (Ordinance 1164 §1, 2017).
ARTICLE I GENERAL PROVISIONS
13.03.110 Purpose and policy
For additional information on this section please see Ord. 1016 §1.1, 2009.
13.03.120 Administration
Except as otherwise provided herein, the Superintendent or his/her duly authorized representative shall administer, implement, and enforce the provisions of this ordinance. Any powers
granted to or duties imposed upon the superintendent may be delegated to other City personnel. (Ord. 1016 §1.2, 2009).
13.03.130 Definitions
Unless a provision explicitly states otherwise, the following terms and phrases, as used in this ordinance, shall have the meanings hereinafter designated. For the complete list of definitions
please see Ord. 1016 §1.4, 2009.
13.03.140 Abbreviations
For a complete list of abbreviations please see Ord. 1016 §1.4, 2009.
ARTICLE II GENERAL REQUIREMENTS
13.03.150 Prohibited discharge standards
For additional information on this section please see Ord. 1016 §2.1, 2009.
13.03.160 Federal categorical pretreatment standards
The national categorical pretreatment standards found at 40 CFR Chapter I, Subchapter N, Parts 405-471 are hereby incorporated. (Ord. 1016 §2.2, 2009).
13.03.170 State requirements
State requirements and limitations on discharges to the POTW shall be met by all users which are subject to such standards in any instance in which they are more stringent than federal
requirements and limitations, or those in this chapter or other applicable ordinance. (Ord. 1016 §2.3, 2009).
13.03.180 Local limits
For additional information on this section please see Ord. 1016 §2.4, 2009.
13.03.190 City's right of revision
The city reserves the right to establish, by ordinance or in industrial wastewater discharge permits, more stringent standards or requirements on discharges to the POTW. (Ord. 1016 §2.5,
2009).
13.03.200 Special agreement
The City reserves the right to enter into special agreements with users setting out special terms under which they may discharge to the POTW. In no case will a special agreement waive
compliance with a categorical pretreatment standard or federal pretreatment requirement. However, the user may request a net gross adjustment to a categorical standard in accordance
with 40 CFR 403.15. They may also request a variance from the categorical pretreatment standard from the Approval Authority in accordance with 40 CFR 403.13. (Ord. 1016 §2.6, 2009).
13.03.210 Dilution
No user shall ever increase the use of process water, or in any way attempt to dilute a discharge, as a partial or complete substitute for adequate treatment to achieve compliance with
an applicable pretreatment standard or requirement unless expressly authorized by an applicable pretreatment standard or requirement. The Superintendent may impose mass limitations
on a user which he believes may be using dilution to meet applicable pretreatment standards or requirements, or in other cases when the imposition of mass limitations is appropriate.
(Ord. 1016 §2.7, 2009).
13.03.220 Pretreatment facilities
Users shall provide necessary wastewater treatment as required to comply with this ordninance and shall achieve compliance with all applicable pretreatment standards and requirements
set out in this ordinance within the time limitations specified by the EPA, the State, or the Superintendent, whichever is more stringent. Any facilities required to pretreat wastewater
to a level acceptable to the City shall be provided, operated, and maintained at the user’s expense. Detailed plans showing the pretreatment facilities and operating procedures shall
be submitted to the City for review, and shall be acceptable to the City before construction of the facility. The review of such plans and operating procedures will in no way relieve
the user from the responsibility of modifying the facility as necessary to produce an acceptable discharge to the City under the provisions of this ordinance. (Ord. 1016 §2.8, 2009).
13.03.230 Deadline for compliance with applicable pretreatment requirements
Compliance by existing sources covered by Categorical Pretreatment Standards shall be within 3 years of the date the Standard is effective unless a shorter compliance time is specified
in the appropriate Standard. The City shall establish a final compliance deadline date for any existing user not covered by Categorical Pretreatment Standards or for any categorical
user when the local limits for said user are more restrictive than EPA's Categorical Pretreatment Standards.
New source dischargers and "new users" are required to comply with applicable pretreatment standards within 3 years of the date the standard is effective unless a shorter
compliance time is specified in the appropriate standard. The City shall establish a final compliance deadline date for any existing user not covered by the categorical pretreatment
standards or for any categorical user when the local limits for said user are more than the federal categorical pretreatment standards. New Sources and "new users" are required to comply
with applicable standards within the shortest feasible time, Any industrial wastewater discharge permit issued to a categorical user shall not contain a compliance date beyond any deadline
date established in EPA's Categorical Pretreatment Standards. Any other existing user or a categorical user that must comply with a more stringent local limit, which is in non-compliance
with any local limits shall be provided with a compliance schedule placed in an industrial wastewater discharge permit to insure compliance within the shortest time feasible. (Ord.
1016 §2.9, 2009).
13.03.240 Additional pretreatment measures
For additional information on this section please see Ord. 1016 §2.10, 2009.
13.03.250 Accidental Spill Prevention Plans
For additional information on this section please see Ord. 1016 §2.11, 2009.
13.03.260 Septic Tank Waste, and Haulers
For additional information on this section please see Ord. 1016 §2.12, 2009.
ARTICLE III WASTEWATER DISCHARGE PERMIT REQUIREMENTS
13.03.270 Permit requirements
No significant industrial user shall discharge wastewater into the POTW without first obtaining a wastewater discharge permit from Wastewater Department; the permit must be enforceable
and contain all the elements as required by 40 CFR 403.8(f)(1)(iii)(B). Any violation of the terms and conditions of a wastewater discharge permit shall be deemed a violation of this
ordinance and subjects the wastewater discharge permittee to the sanctions set forth in this ordinance. Obtaining a wastewater discharge permit does not relieve a permittee of its obligation
to comply with all Federal and State pretreatment standards or requirements or with any other requirements of Federal, State, and local law.
The Superintendent, or Public Works Director may require other users, including liquid waste haulers, to obtain wastewater discharge permits (as necessary) to carry out the purposes
of this ordinance. (Ord. 1016 §3, 2009).
13.03.280 Wastewater Discharge Permitting: Existing SIU
Any SIU that was discharging wastewater into the POTW prior to the effective date of this ordinance and that wishes to continue such discharges in the future shall, within [60] days
after notification by the wastewater Department, submit a permit application to the City of Rexburg in accordance with Section 13.03.310 of this ordinance and shall not cause or allow
discharges to the POTW to continue after 180 days after the effective date of this ordinance
except in accordance with a wastewater discharge permit issued by the City of Rexburg Wastewater Department. (Ord. 1016 §3.1, 2009).
13.03.290 Wastewater Discharge Permitting: New source and New user
At least 90 days prior to the anticipated start-up, any new source, which is a source that becomes a user subsequent to the proposal of an applicable categorical pretreatment standard
that is later promulgated, and any new user considered by the City to fit the definition of SIU shall apply for a wastewater discharge permit and will be required to submit to the City
at least the information listed in paragraphs (A)-(E) of Section 13.03.310. A new source or new user cannot discharge without first receiving a wastewater discharge permit from the
City. New sources and new users shall also be required to include in their application information on the method of pretreatment they intend to use to meet applicable pretreatment standards.
New Sources and new users shall give estimates of the information requested in paragraphs (D) and (E) of Section 13.03.310. (Ord. 1016 §3.2, 2009).
13.03.300 Wastewater Discharge Permitting: Extra-jurisdictional Users
Any existing user who is located beyond the City limits and who is required to obtain a wastewater discharge permit shall submit a wastewater discharge permit application as outlined
in Section 13.03.280. New Source and new users who are located beyond [the City] limits and who are required to obtain a wastewater discharge permit shall comply with Section 13.03.290.
(Ord. 1016 §3.3, 2009).
13.03.310 Wastewater Discharge Permit Application Contents
All users required to obtain a wastewater discharge permit must submit, at a minimum, the following information. Wastewater Department shall approve a form to be used as a permit application.
Categorical users submitting the following information shall have complied with 40 CFR '403.12(b) ( pg. 38).
For additional information please see Ord. 1016 §3.4, 2009.
13.03.320 Signatory and certification requirement
For additional information on this section please see Ord. 1016 §3.5, 2009.
13.03.330 Wastewater Discharge Permit decisions
The Wastewater Department will evaluate the data furnished by the user and may require additional information. Within 60 days of receipt of a complete wastewater discharge permit application,
the Wastewater Personnel will determine whether or not to issue a wastewater discharge permit. Upon a determination to issue, the permit shall be issued within [30] days of full evaluation
and acceptance of the data furnished. The Wastewater Facility may deny any application for a wastewater discharge permit. (Ord. 1016 §3.6, 2009).
13.03.340 Wastewater Discharge Permit contents
Wastewater discharge permits shall include such conditions as are reasonably deemed necessary by the Wastewater department to prevent pass through or interference, protect the quality
of the water body receiving the treatment plant's effluent, protect worker health and safety, facilitate sludge management and disposal, and protect against damage to the POTW. Wastewater
discharge permits must contain the following conditions:
For a complete list of these conditions please see Ord. 1016 §3.7, 2009.
13.03.350 Wastewater Discharge Permit appeals
Any person, including the user, may petition the City to reconsider the terms of a wastewater discharge permit within one 30 days of its issuance.
For additional information please see Ord. 1016 §3.8, 2009.
13.03.360 Wastewater Discharge Permit Duration
Wastewater discharge permits shall be issued for a specified time period, not to exceed five (5) years. A wastewater discharge permit may be issued for a period less than five (5) years,
at the discretion of the wastewater Department. Each wastewater discharge permit will indicate a specific date upon which it will expire. (Ord. 1016 §3.9, 2009).
13.03.370 Wastewater Discharge Permit Modification
The Wastewater Department may modify the wastewater discharge permit for good cause including, but not limited to, the following:
For a complete list please see Ord. 1016 §3.10, 2009.
13.03.380 Wastewater Discharge Permit Transfer
For additional information on this section, please see Ord. 1016 §3.11, 2009.
13.03.390 Wastewater Discharge Permit Revocation
Wastewater discharge permits may be revoked for, but not limited to, the following
reasons:
For a complete list of these reasons please see Ord. 1016 §3.12, 2009.
13.03.400 Wastewater Discharge Permit Reissuance
A user who is required to have a wastewater discharge permit shall apply for wastewater discharge permit reissuance by submitting a complete wastewater discharge permit application,
in accordance with Section 13.03.310 of this ordinance, a minimum of 180 days prior to the expiration of the user's existing wastewater discharge permit. A user whose existing wastewater
discharge permit has expired and who has submitted its re-application in the time period specified herein shall be deemed to have an effective wastewater discharge permit until the
City issues or denies the new wastewater discharge permit. A user whose existing wastewater discharge permit has expired and who failed to submit its re-application in the time period
specified herein will be deemed to be discharging without a wastewater discharge permit. (Ord. 1016 §3.13, 2009).
ARTICLE IV REPORTING REQUIREMENTS
13.03.410 Baseline monitoring reports
For additional information on this section please see Ord. 1016 §4.1, 2009.
13.03.420 Final Compliance Report (Initial Compliance Report)
For additional information on this section please see Ord. 1016 §4.2, 2009.
13.03.430 Periodic Compliance Report
For additional information on this section please see Ord. 1016 §4.3, 2009.
13.03.440 Compliance Schedules for Meeting Applicable Pretreatment Standards
For additional information on this section please see Ord. 1016 §4.4, 2009.
13.03.450 Notification of Significant Production Changes
Any user operating under a wastewater discharge permit incorporating equivalent mass or concentration limits shall notify the City within two (2) business days after the user has a reasonable
basis to know that the production level will significantly change within the next calendar month. Any user not providing a notice of such anticipated change will be required to comply
with the existing limits contained in its wastewater discharge permit. (Ord. 1016 §4.5, 2009).
13.03.460 Hazardous Waste Notification
For additional information on this section please see Ord. 1016 §4.6, 2009.
13.03.470 Notice of Potential Problems, Including Accidental Spills, Slug Loadings
Any user shall notify the Control Authority and the POTW if the POTW is not the Control Authority immediately of all discharges that could cause problems to the POTW, including any slug
loads, as defined in Section 13.03.130. The notification shall include the concentration and volume and corrective action. Steps being taken to reduce any adverse impact should also
be noted during the notification. Any user who discharges a slug load of pollutants shall be liable for any expense, loss, or damage to the POTW, in addition to the amount of any fines
imposed by the City under state or federal law. (Ord. 1016 §4.7, 2009).
13.03.490 Non-Compliance Reporting
For additional information on this section please see Ord. 1016 §4.8, 2009.
13.03.490 Notification of Changed Discharge
All users shall promptly notify the Control Authority and the POTW if the POTW is not the Control Authority in advance of any substantial change in the volume or character of pollutants
in their discharge, including significant manufacturing process changes, pretreatment modifications, and the listed or characteristic hazardous wastes for which the user has submitted
initial notification under 40 CFR 403.12 (p). (Ord. 1016 §4.9, 2009).
13.03.500 Reports from Un-Permitted Users
All users not required to obtain a wastewater discharge permit shall provide appropriate reports to the City as the Wastewater Foreman may require. (Ord. 1016 §4.10, 2009).
13.03.510 Record Keeping
Users subject to the reporting requirements of this ordinance shall retain and make available for inspection and copying all records of information obtained pursuant to any monitoring
activities required by this ordinance and any additional records of information obtained pursuant to monitoring activities undertaken by the user independent of such requirements.
Records shall include the date, exact place, method, and time of sampling and the name of the person(s) taking the samples; the dates analyses were performed; who performed the analyses;
the analytical techniques or methods used; and the results of such analyses. These records shall remain available for a period of at least three (3) years. This period shall be automatically
extended for the duration of any litigation concerning the user or POTW, or where the user has been specifically notified of a longer retention period by the Superintendent. (Ord. 1016
§4.11, 2009).
ARTICLE V SAMPLING AND ANALYTICAL REQUIREMENTS
13.03.520 Sampling Requirements for Users
For additional information please see Ord. 1016 §5.1, 2009.
13.03.530 Analytical Requirements
All pollutant analyses, including sampling techniques, shall be performed in accordance with the techniques prescribed in 40 CFR Part 136, unless otherwise specified in an applicable
categorical pretreatment standard. If 40 CFR Part 136 does not contain sampling or analytical techniques for the pollutant in question, sampling and analyses must be performed in accordance
with procedures approved by the EPA. (Ord. 1016 §5.2, 2009).
13.03.540 City Monitoring of User's Wastewater
The City will follow the same procedures as outlined in Sections 13.03.520 and 13.03.530. (Ord. 1016 §5.3, 2009).
ARTICLE VI COMPLIANCE MONITORING
13.03.550 Inspection and Sampling
The City shall have the right to enter the facilities of any user to ascertain whether the purpose of this ordinance and any wastewater discharge permit or order issued hereunder is
being met and whether the user is complying with all requirements thereof. Users shall allow the wastewater personnel 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.
For additional information please see Ord. 1016 §6.1, 2009.
13.03.560 Monitoring Facilities
Each user shall provide and 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, the City may concur with the facility being
constructed in the public street or sidewalk area, providing that the facility is located so that it will not be obstructed by landscaping or parked vehicles. The Superintendent, whenever
applicable, may require the construction and maintenance of
sampling facilities at other locations for example, at the end of a manufacturing line or a wastewater treatment system.
There shall be ample room in or near such sampling facility to allow accurate sampling and preparation of samples for analysis. The facility, including the sampling and measuring equipment,
shall be maintained at all times in a safe and proper operating condition at the expense of the user.
The Superintendent may require the user to install monitoring equipment as necessary. All monitoring facilities shall be constructed and maintained in accordance with all applicable
local construction standards and specifications. All devices used to measure wastewater flow and quality shall be calibrated to ensure their accuracy. (Ord. 1016 §6.2, 2009).
13.03.570 Search Warrants
If the wastewater personnel 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 ordinance, or that there is a need to inspect as part of a routine inspection program of the City designed to verify compliance with this ordinance or any wastewater
discharge permit or order issued hereunder, or to protect the overall public health, safety and welfare of the community, then the wastewater personnel shall seek issuance of a search
and/or seizure warrant from the Madison County 7th judicial court of the City of Rexburg. Such warrant shall be served at reasonable hours by the wastewater personnel in the company
of a uniformed police officer of the City of Rexburg or Madison County Sherriff. (Ord. 1016 §6.3, 2009).
13.03.580 Vandalism
No person shall willfully or negligently break, damage, destroy, uncover, deface, tamper with, or prevent access to any structure, appurtenance or equipment, or other part of the POTW.
Any person found in violation of this requirement shall be subject to the sanctions set out in this ordinance. (Ord. 1016 §6.4, 2009).
ARTICLE VII CONFIDENTIAL INFORMATION
13.03.590 Confidential Information
Information and data on a user obtained from reports, surveys, wastewater discharge permit applications, wastewater discharge permits, and monitoring programs, and from City inspection
and sampling activities shall be available to the public without restriction, unless the user specifically requests and is able to demonstrate to the satisfaction of the City that the
release of such information would divulge information, processes or methods of production entitled to protection as trade secrets under applicable State law. When requested and demonstrated
by the user furnishing a report that such information should be held confidential, the portions of a report which might disclose trade secrets or secret processes shall not be made
available for inspection by the public but shall be made available immediately upon request to governmental agencies for uses related to the NPDES program or pretreatment program and
in enforcement proceedings involving the person furnishing
the report. Wastewater constituents and characteristics and other "effluent data" as defined by 40 CFR '2.302 will not be recognized as confidential information and will be available
to the public without restriction. (Ord. 1016 §7, 2009).
ARTICLE VIII PUBLICATION OF USERS IN SIGNIFICANT NON-COMPLIANCE
13.03.600 Publication of Users in Significant Non-Compliance
For additional information on this section please see Ord. 1016 §8, 2009.
ARTICLE IX ADMINISTRATIVE ENFORCEMENT REMEDIES
13.03.610 Notification of Violation
When the Superintendent finds that a user has violated or continues to violate any provision of this ordinance, a wastewater discharge permit or order issued hereunder, or any other
pretreatment standard or requirement, the Superintendent may serve upon that user a written Notice of Violation via certified letter. Within 10 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 Superintendent.
Submission of this plan in no way relieves the user of liability for any violations occurring before or after receipt of the Notice of Violation. Nothing in this section shall limit
the authority of the City of Rexburg to take any action, including emergency actions or any other enforcement action, without first issuing a Notice of Violation. (Ord. 1016 §9.1, 2009).
13.03.620 Consent Orders
The Superintendent 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 13.03.640 and 13.03.650 of this ordinance 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. (Ord. 1016 §9.2, 2009).
13.03.630 Show Cause Hearing
The Superintendent may order via a certified letter a user which has violated or continues to violate any provision of this ordinance, a wastewater discharge permit or order issued hereunder,
or any other pretreatment standard or requirement, to appear before [the Superintendent 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 10 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. (Ord. 1016 §9.3, 2009).
13.03.640 Compliance Orders
When the Superintendent finds that a user has violated or continues to violate any provision of this ordinance, 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. (Ord. 1016 §9.4, 2009).
13.03.650 Cease and Desist Orders
For additional information on this section please see Ord. 1016 §9.5, 2009.
13.03.660 Administrative Fines
For additional information on this section please see Ord. 1016 §9.6, 2009.
13.03.670 Emergency Suspensions
The City of Rexburg may immediately suspend a user's discharge (after informal notice to the user) whenever such suspension is necessary to stop an actual or threatened discharge which
reasonably appears to present or cause an imminent or substantial endangerment to the health or welfare of persons. The City may also immediately suspend a user's discharge (after notice
and opportunity to respond) that threatens to interfere with the operation of the POTW or which presents or may present an endangerment to the environment.
For additional information please see Ord. 1016 §9.7, 2009.
13.03.680 Termination of Discharge (Non-Emergency)
In addition to the provisions in Section 13.03.390 of this ordinance, any user that violates the following conditions is subject to discharge termination:
For a complete list of conditions please see Ord. 1016 §9.8, 2009.
ARTICLE X JUDICIAL ENFORCEMENT REMEDIES
13.03.690 Injunctive Relief
When [the Wastewater Department finds that a user has violated (or continues to violate) any provision of this ordinance, a wastewater discharge permit, or order issued hereunder, or
any other pretreatment standard or requirement, the City may petition the Madison County 7th Judicial Court through the City's Attorney for the issuance of a temporary or permanent
injunction, as appropriate, which restrains or compels the specific performance of the wastewater discharge permit, order, or other requirement imposed by this ordinance on activities
of the user. The City may also seek such other action as is appropriate for legal and/or equitable relief, including a requirement for the user to conduct environmental remediation.
A petition for injunctive relief shall not be a bar against, or a prerequisite for, taking any other action against a user. (Ord. 1016 §10.1, 2009).
13.03.700 Civil Penalties
For additional information on this section please see Ord. 1016 §10.2, 2009.
13.03.710 Criminal Prosecution
For additional information on this section please see Ord. 1016 §10.3, 2009.
13.03.720 Remedies Non-Exclusive
The provisions in Sections 13.03.600 through 13.03.780 of this chapter are not exclusive remedies. The City of Rexburg reserves the right to take any, all, or any combination of these
actions against a non-compliant user. Enforcement in response to pretreatment violations will generally be in accordance with the City's enforcement response plan. However, the City
reserves the right to take other action against any user when the circumstances warrant. Further, the City of Rexburg is empowered to take more than one enforcement action against any
non-compliant user. These actions may be taken concurrently. (Ord. 1016 §10.4, 2009).
ARTICLE XI SUPPLEMENTAL ENFORCEMENT ACTION
13.03.730 Performance Bonds
The Wastewater Department may decline to issue or reissue a wastewater discharge permit to any user which has failed to comply with any provision of this ordinance, a previous wastewater
discharge permit or order issued hereunder, or any other pretreatment standard or requirement unless such user first files a satisfactory bond, payable to the City, in a sum not to
exceed a value determined by the Wastewater Personnel to be necessary to achieve consistent compliance. (Ord. 1016 §11.1, 2009).
13.03.740 Liability Insurance
The Wastewater Facility may decline to issue or reissue a wastewater discharge permit to any user which has failed to comply with any provision of this ordinance, a previous wastewater
discharge permit or order issued hereunder, or any other pretreatment standard or requirement, unless the user first submits proof that it has obtained financial assurances sufficient
to restore or repair damage to the POTW caused by its discharge. (Ord. 1016 §11.2, 2009).
13.03.750 Water Supply Severance
Whenever a user has violated or continues to violate any provision of this ordinance, a wastewater discharge permit or order issued hereunder, or any other pretreatment standard or requirement,
water service to the user may be severed. Service will only recommence, at
the user's expense, after it has satisfactorily demonstrated its ability to comply. (Ord. 1016 §11.3, 2009).
13.03.760 Public Nusances
A violation of any provision of this ordinance, a wastewater discharge permit, or order issued hereunder, or any other pretreatment standard or requirement, is hereby declared a public
nuisance and shall be corrected or abated as directed by the City of Rexburg Wastewater Department. Any person(s) creating a public nuisance shall be subject to the provisions of the
City Code governing such nuisances, including reimbursing the City for any costs incurred in removing, abating, or remedying said nuisance. (Ord. 1016 §11.4, 2009).
13.03.770 Informant Rewards
The City of Rexburg may pay up to 500 dollars ($500.00) for information leading to the discovery of noncompliance by a user. In the event that the information provided results in an
administrative fine or civil penalty levied against the user, the City may disburse up to 3 percent (3%) of the collected fine or penalty to the informant. However, a single reward
payment may not exceed 3000.00 dollars. (Ord. 1016 §11.5, 2009).
13.03.780 Contractor Listing
Users which have not achieved compliance with applicable pretreatment standards and requirements are not eligible to receive a contractual award for the sale of goods or services to
the City. Existing contracts for the sale of goods or services to the City held by a user found to be in significant non-compliance with pretreatment standards or requirements may be
terminated at the discretion of the City. (Ord. 1016 §11.6, 2009).
ARTICLE XII AFFIRMATIVE DEFENSES TO DISCHARGE VIOLATIONS
13.03.790 Upset
For the purposes of this section, "upset" means an exceptional incident in which there is unintentional and temporary non-compliance with applicable pretreatment standards because of
factors beyond the reasonable control of the user. An upset does not include non-compliance to the extent caused by operational error, improperly designed treatment facilities, inadequate
treatment facilities, lack of preventive maintenance, or careless or improper operation. An upset shall constitute an affirmative defense to an action brought for non-compliance with
applicable pretreatment standards if the requirements of paragraph C of this section are met. A user who wishes to establish the affirmative defense of upset shall demonstrate, through
properly signed, contemporaneous operating logs, or other relevant evidence that:
For a complete list please see Ord. 1016 §12.1, 2009.
13.03.800 Prohibited Discharge Standards
A user shall have an affirmative defense to an enforcement action brought against it for non-compliance with the prohibitions in Section 13.03.150 A and B(3) through (7) if it can prove
that it did not know, or have reason to know, that its discharge, alone or in conjunction with discharges from other sources, would cause pass through or interference and that either:
(a) a local limit exists for each pollutant discharged and the user was in compliance with each limit directly prior to, and during, the pass through or interference; or (b) no local
limit exists, but the discharge did not change substantially in nature or constituents from the user's prior discharge when the City’s Wastewater Facility was regularly in compliance
with its NPDES permit, and in the case of interference, was in compliance with applicable sludge use or disposal requirements. (Ord. 1016 §12.2, 2009).
13.03.810 Bypass
For additional information on this section please see Ord. 1016 §12.3, 2009.
ARTICLE XIII WASTEWATER TREATMENT RATES
City of Rexburg Local Limit BOD & TSS:
BOD Bio-oxygen Chemical Demand 200 mg/l
TSS Total Suspended Solids 200 mg/l
ARTICLE XIV MISCELLANEOUS PROVISIONS
13.03.820 Pretreatment Charges and Fees
The City of Rexburg Wastewater Department may adopt reasonable fees for reimbursement of costs of setting up and operating the Pretreatment Program which may include:
For a complete list please see Ord. 1016 §14.1, 2009.
13.03.830 Septic Waste Haulers and Disposal Fees
For additional information on this section please see Ord. 1016 §14.2, 2009.
13.03.840 Excessive Strength Discharges
Maximum allowable BOD 200 mg/l per day
Maximum allowable TSS 200 mg/l per day
For additional information please see Ord. 1016 §14.3, 2009.
13.03.850 Severability
If any provision of this ordinance is invalidated by any court of competent jurisdiction, the remaining provisions shall not be affected and shall continue in full force and effect.
(Ord. 1016 §14.4, 2009).
13.03.860 Conflicts
All other ordinances and parts of other ordinances inconsistent or conflicting with any part of this ordinance are hereby repealed to the extent of the inconsistency or conflict. (Ord.
1016 §14.5, 2009).
CHAPTER 13.04 WASTEWATER RATES AND CHARGES
13.04.010 User rates – Generally
This is a user charge system for a small community which follows model number one in Appendix B of the Federal Register, dated 9/27/78. This treatment works is primarily flow dependent
and will utilize a winter time culinary water volume basis to establish sewer rates.
A sewer user charge shall be levied on all users of the sewage collection and treatment facilities to cover the actual or estimated cost of operation, maintenance, replacement and financing
of this facility. The user charge system shall distribute these costs to each user in proportion to such user's contribution to the total wastewater load of such facilities. (Ord. 645
§3(part), 1982).
13.04.020 User rates – Basis
The sewer user rates for such user shall be based on a delivery flow rate determined by the size of the culinary water meter and the user's measured contribution to the total flow at
the treatment facilities based on culinary water usage during October, November, December, January, February, March and April. (Ord. 645 §3 (part), 1982).
13.04.030 User rates – Surcharge for excessive strength
For additional information on this section please see Ord. 772A §1, 1995: Ord. 645 §3(part), 1982.
13.04.040 User rates – Review and revision
For additional information on this section please see Ord. 645 §3(part), 1982.
13.04.050 User rates – Request for change
Any sewer user, who feels his user charge is unjust and inequitable as applied to his premises within the spirit and intent of the foregoing provisions, may make written application
to the city council requesting a review of his user charge. Said written request shall, where necessary, show the actual or estimated average flow and strength of his wastewater in
comparison with the values upon which the charge is based, including how the measurements or estimates were made. Any flow measurements and/or testing of wastewater shall be approved
in detail by the city and/or its engineer. Review of the request by the city council shall determine if it is substantiated or not, including recommended further study of the matter
for the city and/or user by a registered professional engineer. (Ord. 645 §3(part), 1982).
13.04.060 Wastewater connection – Required
Every parcel of land or premises within the boundaries of the city, improved for occupancy and occupied or used by any person or persons, or as a commercial business, shall be connected
to the public sanitary sewer system; provided, however, connection to the sanitary sewer system from inflow (storm drain or non-sewage source) sources into the sanitary sewer system
shall neither be required nor permitted. The owner or person in charge of such land shall make or cause to be made, such connection within sixty days after receiving official notice
from the city to so connect. All charges associated with the laying
of pipe from the home or facilities to be served to the city's mains and all other costs incurred in connecting to said mains shall be borne by the property owner. All such connections
to the city's mains shall be properly designed and constructed in conformity with requirements specified by the city. If a parcel of land is not within three hundred feet of a sewer,
connection is optional. (Ord. 645 §2, 1982).
13.04.070 Wastewater connection – Fees
From and after September 19, 1990, sewer connection fees shall be reviewed annually and set by resolution of the council. Any connections not covered by resolution of the council shall
have fees set by the mayor and city council in each individual situation. Such fees are for the privilege of connecting to the city sewer and all work necessary for making proper connection
shall be done to the satisfaction of and under the supervision of the city plumbing inspector and shall be paid for in advance by the person desiring such connection. (Ord. 711 §1,
1990: Ord. 645 §4, 1982: Ord. 431 §1(part), 1962).
13.04.080 Wastewater connection – Full fee
Any applicant for a sewer connection to any lot abutting on a street, alley or other right-of-way containing a main sewer line shall pay the full connection fee therefore. (Ord. 645
§5(l), 1982: Ord. 431 §1(1), 1962).
13.04.090 Wastewater connection – Half fee
In case two or more dwellings exist on any lot under the same ownership, and if any of such dwellings is located to the rear of the other or if at least seventy-five feet from the property
line abutting on any street, alley or right-of-way containing a main sewer line, the rear dwelling shall be charged one-half the applicable full connection fee where the owner thereof
requests only one stub for dwellings on such lot and the same service lateral is used for all such dwellings. (Ord. 645 §5(2), 1982: Ord. 431 §1(2), 1962).
13.04.100 Wastewater connection – Business block or shopping center – Full and half fee
In any business block or shopping center containing more than one adjoining business or commercial establishment under one ownership, where more than one such establishment is connected
with the same service lateral but separate applications for service are made and separate billings requested, one of such establishments shall pay the applicable full connection fee
and each additional establishment shall pay one-half the applicable connection fee required for connection of similar size. (Ord. 645 §5(3), 1982: Ord. 431 §1(3), 1962).
13.04.110 Wastewater connection – Subdivision of unimproved property – Collection lines required – Costs
Any person owning unimproved real property which does not abut a street, alley or right-of-way containing a main sewer line and who subdivides the same for construction of dwellings,
shall install collection lines acceptable to the city and connect the same to an existing city main sewer line at a place to be determined by the city council, all at the cost and expense
of the subdivider. (Ord. 645 §5(4), 1982: Ord. 431 §1(4), 1962).
13.04.120 Wastewater main charge
For additional information on this section please see Ord. 760 §§3--4, 1994.
13.04.130 Metered service
Whenever the council deems it appropriate and in the best interests of the city and its citizens to require a user to have the sewer and/or water service to his facilities metered to
more appropriately determine the amount of service provided such user by the system, the council may by resolution require the user to install a meter and/or meters which will accurately
measure the service provided; and the council may further establish by resolution the rates to be charged for such service as will properly pay the fair share of the services provided
such user. The cost of the meter and its installation shall be borne by the user. (Ord. 645 §9, 1982).
13.04.140 Water and wastewater bills combined – Delinquency notice
Water and sewer bills shall be combined and billed on a regularly established day of each and every month, in the month succeeding the month in which the service was rendered. Bills
shall be payable as of the date mailed, and shall be deemed delinquent if not paid before the sixteenth day thereafter. Water and/or sewer consumers and users should be notified of
this delinquency and if the bill is not paid in full within fifteen days after service of this notification on the water and/or sewer consumer and user, the right to water and sewer
services shall cease and terminate unless the water and/or sewer consumer and user requests a pretermination hearing. Should the water and/or sewer consumer and user not request a pretermination
hearing or if an adverse decision is rendered against the water and/or sewer consumer and user as a result of the pretermination hearing, the city may require the water and/or sewer
consumer and user to pay the delinquent water and/or sewer bill attributable to his own use, plus a turn-on charge to be determined by resolution of the council as a condition of receiving
water and sewer service again. (Ord. 645 §8(1), 1982: Ord. 629 §2(1), 1980: Ord. 431 §1(part), 1962).
13.04.150 Delinquency notice – Pretermination hearing
The city in its delinquency notice to all water and/or sewer consumers and users shall inform in writing all water and/or sewer consumers and users of their right to a pretermination
hearing, with such hearing to be held with the due process protection described below; and the city will not discontinue water and/or sewer service to any water and/or sewer consumer
and user prior to a fair and impartial hearing, after timely and adequate notice and an opportunity to confront witnesses, to personally appear with or without retained counsel, to
be judged on facts adduced at the hearing and to otherwise be heard and defend the claim made by the city, if a pretermination hearing is requested by any water and/or sewer consumer
and user. The city council shall have the responsibility of holding pretermination hearings. The city council shall make a record of any pretermination hearing. The city council shall
render its decision in writing, giving the reasons for its determination. In decisions adverse to the water and/or sewer consumer and user, the city council will inform the water and/or
sewer consumer and user of the right to appeal the decision pursuant to the Idaho State Administrative Procedures Act. (Ord. 645 §8(2), 1982: Ord. 629 §2(2), 1980: Ord. 431 §1(part),
1962).
13.04.160 Delinquent bills attributable to prior consumers
The city shall not initially deny or discontinue water and/or sewer service to any water and/or sewer consumer and user because of any delinquent water and sewer bill on that premises
that is attributable to the prior water and sewer use of another water and/or sewer consumer. The city shall not initially deny water and/or sewer service to any water and/or sewer
user for whatever reason without informing the water and/or sewer consumer and user of the right to a hearing before the city council on the issue of whether the city can initially
deny water and/or sewer services. In the case of an initial denial of water and/or sewer service, the city is not required to provide water and/or sewer service pending a hearing. However,
a hearing upon request of a water and/or sewer consumer and user initially denied water and sewer services shall be held as expeditiously as possible and held in the manner and in accordance
with the procedures for pretermination hearings delineated in Section 13.04.090. In case such water service is discontinued for delinquency, it shall not be restored until such delinquency
is paid, or arrangements for payment satisfactory to the city have been made, and a fee of twenty-five dollars for discontinuing and restoring service has been paid. (Ord. 645 §8(3),
1982: Ord. 629 §2(3), 1980: Ord. 431 §1(part), 1962).
13.04.170 Violation – Penalty
Any person who violates any provision of this chapter upon conviction shall be guilty of a misdemeanor, and shall be fined not to exceed three hundred dollars or by imprisonment in the
city/county jail not to exceed six months, or by both. Any violation of any or all provisions of this chapter for any one day shall constitute a separate offense. (Ord. 645 §10, 1982).
NOTE: All Rexburg City Ordinance Misdemeanor violation penalties are hereby amended to be Infraction penalties for the City of Rexburg. (Ordinance 1164 §1, 2017).
13.04.180 Enforcement
The proper local authorities of the city, county or state, in addition to the other remedies, may institute any appropriate action or proceedings to correct or abate any violations of
this chapter. (Ord. 645 §11, 1982).
TITLE 14 MOBILE
HOMES AND TRAVEL TRAILERS
Ordinances 548 & 642 codified in Ord. 1115, 2014
CHAPTER 14.01 MOBILE HOME – GENERAL PROVISIONS
14.01.010 Description and purpose of provisions
This chapter establishes minimum standards and requirements for the occupation of mobile homes and for the construction and operation of mobile home parks. It is concerned with the
relationship of the mobile home to adjacent land uses in order to protect and secure the public health, safety and general welfare of the City of Rexburg.
The regulations in this chapter are intended to provide a stable, healthful environment, together with the full range of services, for those residents choosing to reside in mobile homes
on a permanent or temporary basis or for those people desiring to utilize travel trailers or campers. (Ord. 548 §1, 1974).
14.01.020 Definitions
For additional information on this section please see Ord. 548 §3, 1974.
CHAPTER 14.02 LOCATION, PARKING, AND STORAGE RESCTRICTIONS
14.02.010 Location in Mobile Home Park required
It shall be unlawful to maintain a mobile home or trailer for residential purposes outside a mobile home park or a mobile home subdivision district. Such prohibition shall apply regardless
of whether the parking site shall be on private or public premises, streets, alleys, or highways.
Exceptions to the foregoing requirements: Mobile Homes used for residential Quarters for watchmen or caretakers and located on the premises of an industrial establishment in any industrial
zone shall be permitted. ALSO, double-wide mobile homes on masonry foundations shall be permitted for residential purposes in Residential Zones R2, R3, and Commercial Zones and Industrial
Zones. (Ord. 642 §1, 1981). Note: The aforementioned zoning titles have been updated. For current zoning titles see Ord. 1026.
14.02.020 Wheel removal restrictions
Removing the wheels of a mobile home or trailer or setting the mobile home or trailer on posts or footing shall not make the mobile home or trailer exempt from the requirements of this
chapter. (Ord. 548 §2, 1974).
14.02.030 Wheel removal permissions
The wheels of the mobile home may be removed, but no axles, springs, and other equipment needed to mobilize. Jacks or stabilizers may be placed under the frame of the mobile home to
prevent movement on the springs while the mobile home is parked and occupied. (Ord. 548 §7(K) (part), 1974).
14.02.040 Travel trailer stand
Trailer stand shall be a minimum of eight feet by thirty-two feet (8' x 32') and located at least five (5) feet from all access ways, and shall be so placed as to maintain at least fifteen
(15) feet between all stands in the park. (Ord. 548 §12(B), 1974).
14.02.050 Permit for temporary parking on private premises
Permits shall be issued for the parking of not more than one (1) mobile home or trailer on private premises where such parking is to be done in connection with a bona fide visit of the
owner or occupant of such mobile home with individuals living on the premises and such stay will not exceed thirty (30) days. There shall be no fee for said permit. (Ord. 548 §4(part),
1974).
14.02.060 Parking and storage of unoccupied Mobile Homes, Trailers or Travel Trailers
Parking of unoccupied mobile homes is prohibited on public premises, streets, alleys, or highways, at all times, except for emergency purposes.
Storage of any unoccupied mobile homes or trailer shall be permitted on the rear one-half (() of any lot, provided, that such unoccupied mobile home or trailer shall not extend into
any set back area, nor shall it be connected to in conflict with any other ordinance. (Ord. 548 §4(part), 1974).
14.02.070 Parking space requirements for Mobile Homes
There shall be one (1) vehicle parking space at least nine feet by twenty feet (9' x 20') in size for each mobile home space, with clear and unobstructed access to an accessway. Any
parking in the accessway shall not fulfill this requirement.
Guest parking shall be provided on the mobile home park site (but not in the required accessway if said accessway has less than thirty (30) feet of surfaced roadway at the rate of one
(1) vehicle parking space for each mobile home space. (Ord. 548 §7(G), 1974).
14.02.080 Parking space provided for Travel Trailer Parks
One parking space shall be provided for each trailer space and be within fifty feet (50') thereof. (Ord. 548 §12(C), 1974).
14.02.090 Mobile Home Park auxiliary storage buildings
The owner or operator of a mobile home park may construct an individual auxiliary storage building on each mobile home space in the mobile home; provided the building has a maximum floor
space of twelve (12) square feet; has a maximum height of seven (7) feet above the ground; has a minimum setback of five (5) feet from adjacent mobile home spaces and access roads;
and has a minimum setback of fifteen (15) feet from any public street or highway right-of-way. (Ord. 548 §7(K) (part), 1974).
14.02.100 Travel Trailer patio and storage
No patio or storage building shall be required. (Ord. 548 §12(D), 1974).
CHAPTER 14.03 CONDITIONS AND REGULATIONS
ARTICLE I MOBILE HOMES
14.03.010 Density requirements
In no event shall the density exceed eight (8) mobile homes per gross acre. Density requirements shall be established as the minimum square footage of gross site area for each mobile
home. If it is determined by the Planning Commission that a street widening or terminating dedication is necessary, the amount of land dedicated shall be subtracted from the gross site
area when calculating the proposed density. (Ord. 548 §7(C), 1974).
14.03.020 Setbacks from park boundary lines
Mobile home parks shall observe the following setbacks between mobile home stands and development boundary lines:
When abutting any residentially or agriculturally zoned property - fifteen (15) feet.
When abutting commercially zoned property - ten (10) feet.
The setback from any abutting street shall be at least twenty-five (25) feet. (Ord. 548 §7(D), 1974).
14.03.030 Development of boundary lines
An ornamental, sight-obscuring fence or wall of not less than five (5) feet nor more than six (6) feet in height. And/or evergreen planting of not less than five (5) feet in height,
shall surround the mobile home park. Such fence, wall or planting may be placed up to the front property line if adequate vision clearance for entrances and exits is maintained. (Ord.
548 §7(E), 1974).
14.03.040 Service building requirements
Every mobile home park that accepts or accommodates travel trailers shall provide adequate flush type toilet fixtures and laundry facilities.
Service buildings housing sanitation facilities shall comply with all applicable City and Sate ordinances and statues regulating buildings, electrical installations and plumbing and
sanitation systems.
For the service building requirements please see Ord. 548 §7(J), 1974.
14.03.050 Minimum land area
The following area requirements shall be deemed to be the minimum land area necessary to establish a mobile home or travel trailer park:
For the requirements please see Ord. 548 §7(B), 1974.
14.03.060 Permitted uses for Mobile Homes
No building, structure or land within the boundaries of a mobile home park shall be used for any purpose except for the uses permitted by this section as follows:
For a list of permitted uses of mobile homes please see Ord. 548 §7(A), 1974.
14.03.070 Sign regulations
Signs shall be regulated as provided by uniform code. In addition there shall be adequate signs and marks indicating direction, parking areas, recreation areas and street names shall
be established and maintained in the mobile home park. (Ord. 548 §7(F), 1974).
14.03.080 Access restrictions
A mobile home park shall not be established on any site that does not have access to a public street on which the potential paving width is less than forty (40) feet. No mobile home
space shall be located in such a manner that a public street must be used to maneuver the mobile home into the space. (Ord. 548 §7(H), 1974).
14.03.090 Emergency sanitation facilities
Each mobile home park shall be provided, for emergency purpose, with the sanitation facilities as prepared by the Idaho State Board of Health. (Ord. 548 §7(I), 1974).
14.03.100 Structures, alterations, and additions
Structures located in any mobile home space shall be limited to a storage building, ramada or carport. The permanent storage structure shall contain a minimum of thirty-two (32) square
feet of floor area and will not be less than seven (7) feet nor more than nine (9) feet in height. The storage structure, ramada or carport may be combined as one structure. No structural
additions shall be built onto or become a part of any mobile home, and no mobile home shall support any building in any manner. The words (structure additions( shall not be construed
to exclude the construction of an awning, patio cover, or cabana adjacent to a mobile home. (Ord. 548 §7(K) (part), 1974).
14.03.110 Skirting
Skirting of mobile homes is encouraged, but such skirting shall not attach the mobile home permanently to the ground, provide a harborage for rodents, nor create a fire hazard. (Ord.
548 §7(K) (part), 1974).
ARTICLE II TRAVEL TRAILERS
14.03.120 Permit requirements
It shall be unlawful to construct, maintain, operate, or alter any trailer court or trailer housing within the City of Rexburg, Idaho, unless a permit therefore shall have first been
issued by the Building Inspector.
For additional information please see Ord. 422 §2, 1960.
14.03.130 Duration of permit
Each permit issued hereunder for trailer courts shall be valid for the calendar year for which it is issued and shall expire December 31st. (Ord. 422 §3, 1960).
14.03.140 Permit fees
No permit shall be issued until the plans and/or the existing condition of the trailer court or trailer housing for which the application for permit is made shall be inspected and approved
by the following city officers, to-wit: Building Inspector, Plumbing Inspector, Fire Inspector, and Electrical Inspector.
The officers designated in this section are hereby authorized and directed to make periodic inspections to determine the condition of all trailer courts and trailer housing.
Whenever any inspection reveals that conditions or practices exist which are in violation with any provision of this ordinance, or any ordinance of the City of Rexburg, Idaho, or law
or laws of the State of Idaho, the inspecting officer shall give notice in writing to the person in charge of such trailer court of trailer housing, and unless such conditions or practices
are corrected within a reasonable period of time, such period of time to be determined by the inspecting officer, the trailer court of trailer housing shall cease operation. (Ord. 422
§4, 1960).
14.03.150 Service building requirements
Fo additional information on this section please see Ord. 548 §7(J), 1974.
14.03.160 Attendant required
A duly authorized attendant or caretaker shall at all times be in charge of any trailer court for which he is employed. (Ord. 422 §16, 1960).
14.03.170 Applicability of provisions – Exceptions
Travel trailer parks are designed for the location of travel trailers, campers, and motorized
coaches, used for short-term occupancy. (Ord. 548 §12(part), 1974).
14.03.180 Minimum size requirement
No minimum size requirement for trailer spaces. (Ord. 548 §12(A), 1974).
CHAPTER 14.04 REGISTRATION OF OCCUPANTS
14.04.010 Register of mobile homes, trailers, and occupants
Every mobile home or travel trailer park owner or operator shall maintain a register containing a record of all mobile homes, trailers and occupants using the park. Such register shall
contain the names and addresses of all mobile home occupants stopping in the park; the make, model, and license number of each motor vehicle and mobile home; the State Territory, or
County issuing the mobile home license, and the dates of arrival and departure of each mobile home. (Ord. 548 §13, 1974).
CHAPTER 14.05 ZONING APPROVAL
14.05.010 Building permit and tentative approval
No building permit shall be issued for construction of a new mobile home park or expansion of an existing mobile home park in any district until the proposed location is approved with
the stipulations of the approval stated therein.
At the time of the public hearing the planning Commission may give tentative approval of the use of the proposed location for mobile home park purposes. Final approval of said use shall
be contingent upon the submission of acceptable detailed plot plans of the proposed mobile home park development as required by Section 5 (A). (Ord. 548 §5(part), 1974).
14.05.020 Plot plans required
The application for a permit to construct a new mobile home park or to expand an existing mobile home park shall be accompanied by four (4) copies of the plot plan of the proposed park.
The plot plan should show the general layout of the entire mobile home park, and should be drawn to a scale not smaller than one (1) inch representing forty (40) feet. The drawing
shall be placed on substantial tracing paper, or equivalent, and shall show the following information:
For a complete list of this information please see Ord. 548 §5(A), 1974.
CHAPTER 14.06 SITE REQUIREMENTS
14.06.010 Access ways
Access ways shall connect each mobile home space to a public street and shall have the following minimum pavement widths:
For additional information about the specific widths please see Ord. 548 §8(A), 1974.
14.06.020 Walkways
Walkways shall be provided from each mobile home space to the service building and recreational area or areas, and from the patio to the access way. Common walkways shall have a minimum
width of three (3) feet and private walkways shall have a minimum width of one and one-half (1-() feet. The access way may be considered as part of the walkway to the service building
and recreation areas, provided said access ways shall be widened by
three (3) feet over the minimum width requirements set forth in Section 6 of this chapter. (Ord. 548 §8(B), 1974).
14.06.030 Recreation area
A minimum of eight percent (8%) of gross mobile home area shall be reserved for recreation. The recreation area may be in one (1) or more locations in the park. At least one (1) recreation
area shall have a minimum size of five thousand (5,000) square feet, and be of a shape that will make it usable for its intended purpose. (Ord. 548 §8(C), 1974).
14.06.040 Electricity
An electrical outlet supplying at least 200 amp service shall be provided for each mobile home space. The installation shall comply with all State and Local electrical codes. Such electrical
outlets shall be weatherproof. No power line shall be permitted to lie on the ground, or to be suspended less than fifteen (15) feet above the ground. (Ord. 548, §8(D), 1974).
All electrical wiring in the trailer court or trailer housing shall comply with the ordinances of the City of Rexburg, Idaho. Electrical outlets shall be provided at each trailer coach
space supplying voltages of 220 volts and 110 volts. All driveways and walkways within the trailer court shall be lighted at night (from one hour after sundown to one hour before sun
up) with electrical lamps of not less than 25 watts each spaced at intervals of not more than 100 feet. (Ord. 422, §11, 1960).
14.06.050 Sewage disposal
All plumbing in the mobile home park shall comply with State and Local plumbing laws and regulations and must connect to a public sewer or central sewer facilities approved by the City.
Each mobile home space shall be provided with at least a three inch (3") sewer connection. The sewer connection shall be provided with suitable fittings so that a watertight connection
can be made between the mobile home drain and sewer connection. Such individual mobile home connections shall be so constructed that they can be closed when not linked to a mobile home,
and shall be trapped in such a manner as to maintain them in an odor free condition. Sewer lines shall be constructed with the approval of the Building Inspector, and in accordance
with his recommendations. All sewer lines shall be adequately vented, and shall be laid out with sufficient earth cover to prevent breakage from traffic. (Ord. 548 §8(E), 1974).
14.06.060 Water supply accessibility
An accessible, adequate safe and potable central supply of water shall be provided in each mobile home park, capable of furnishing a minimum of one hundred twenty-five (125) gallons
per day per mobile home space. A public supply of water shall be used whenever possible and connection shall be made thereof. (Ord. 548 §8(F) (part), 1974).
14.06.070 Water supply piping and maintenance
The water system of the mobile home park shall be connected by pipes to all buildings and all mobile home spaces.
All water piping shall be constructed and maintained in accordance with State and Local law; the water piping system shall not be connected with non-portable or questionable water supplies,
nor be subject to the hazards of back flow or backsiphonage.
Individual water service connections which are provided for direct use by mobile homes shall be so constructed that they will not be damaged by the parking of such homes. The mobile
home park water system shall be adequate to provide twenty (20) pounds per square inch of pressure at all mobile home connections.
The use of ordinary stop and waste valves where back flow can occur into the portable water system is prohibited. (Ord. 548 §8(F) (part), 1974).
An adequate and safe supply of water under pressure shall be applied to each trailer court or trailer housing. The source and distribution system shall be approved by the applicable
inspecting officer. Each trailer coach space shall have a water supply outlet. An adequate supply of water shall be provided at all times in each service building. (Ord. 422 §8, 1960).
CHAPTER 14.07 SPACE REQUIREMENTS
14.07.010 Mobile home space area
The average size of a mobile home space in a mobile park shall not be less than four thousand (4,000) square feet and no space shall be smaller than two thousand four hundred (2,400)
square feet. No space shall have a width of less than thirty-two (32) feet. (Ord. 548 §9(A), 1974).
14.07.015 Travel trailer space area
Each trailer coach space shall be at least 20 feet in width. And shall have its boundaries well defined. The space shall abut on a driveway not less than 20 feet in width, which shall
have unobstructed access to a public street or highway. Trailer coaches shall be parked on each space so that there will be at least 8 feet of clearance between coaches, and shall
be so parked that no part of the coach or its trailer hitch shall extend into the roadway, or obstruct any walk way or sidewalk. Coaches shall not be parked closer than 4 feet to any
building or fence or other structure. No greater number of coaches shall be allowed than the number of trailer coach space available therefore. In all trailer courts the coaches and
trailer coach spaces shall be set back from the property line to afford front yards, side yards, and rear yards which will fully comply with the regulations in the particular zone in
which they are situated, as established in zoning Ordinance No. 390 of the City of Rexburg, Idaho. (Ord. 422 §6(part), 1960). Note: For current zoning regulations see Ord. 1026.
14.07.018 Travel trailer park spaces
Park spaces for vehicles must be so laid out that parking of vehicles will not obstruct any driveway, roadway, walkway, or sidewalk, and will leave at least six (6) feet of space not
occupied by any vehicle, between the coaches. (Ord. 422, §6(part), 1960).
14.07.020 Outdoor living area
Each mobile home space shall be provided with a minimum outdoor living area of three hundred (300) square feet. (Ord. 548 §9(B), 1974).
14.07.030 Patio and deck restrictions
Each mobile home space may be provided with a patio or deck having a minimum area of one hundred forty (140) square feet but not more than one-half (() of the outdoor living area. The
patio or deck shall have a minimum width of ten (10) feet. (Ord. 548 §9(C), 1974).
14.07.040 Parking stand required
Occupied mobile homes shall be parked on stands only. Said stands shall be set back a minimum of eight (8) feet from any street or common walkway. (Ord. 548 §9(D), 1974).
14.07.050 Space required between mobile homes
Minimum space requirements between mobile home stands:
For specific measures please see Ord. 548 §9(E), 1974.
CHAPTER 14.08 IMPROVEMENT REQUIREMENTS
14.08.010 Roadway surfacing
Roadways within access ways and sidewalks shall be paved with a crunched rock base and asphaltic or concrete surfacing according to structural specifications established by the City
Engineer. (Ord. 548 §10(A), 1974).
14.08.020 Patios and decks
Patios may be paved with asphalt, concrete, or suitable hard surfaced material or if decks are used, they shall be of durable, safe construction. (Ord. 548 §10(B), 1974).
14.08.030 Accessway and walkway lighting
All access ways and walkways within the park shall be alighted at night to provide a minimum of 1.5 foot candles of illumination. (Ord. 548 §10(C), 1974).
14.08.040 Wiring to be underground
Wires for service to light poles and mobile home spaces shall be underground. (Ord. 548 §10(D), 1974).
14.08.050 Mobile home stand surfacing
Mobile home stands shall be paved with asphalt or concrete surfacing or with crushed rock contained within concrete curbing or pressure-treated wooded screens. (Ord. 548 §10(E), 1974).
14.08.060 Drainage requirements
The mobile home park shall be well drained. Provisions for drainage shall be made in accordance with plans approved by the City Engineer. (Ord. 548 §10(F), 1974).
14.08.070 Public telephones
Public telephone service may be made available for the mobile home park residents. (Ord. 548 §10(G), 1974).
14.08.080 Laundry room facilities
Adequate and properly equipped laundry room facilities shall be made available to the residents of the mobile home park. Said facilities shall include drying areas of two thousand five
hundred (2,500) square feet per one hundred (100) dwellings units. (Ord. 548 §10(H), 1974).
14.08.090 Fenced storage area
A fenced storage area shall be provided for each mobile home park for the storage of accessory items such as boats, vacation trailers, campers and related equipment owned by the park
residents. Such item will be stored in the storage area and not be parked beside the mobile home. (Ord. 548 §10(I), 1974).
14.08.100 Mail delivery facilities
Mailboxes provided. Each mobile home site shall be equipped with a receptacle for mail deliveries in accordance with standards recommended by the local postmaster. (Ord. 548 §10(J),
1974).
CHAPTER 14.09 HEALTH, SANITATION, AND MAINTENANCE REQUIREMENTS
14.09.010 Refuse management intent
The storage, collection and disposal of refuse in the park shall be so as to create no health hazards, rodent harborage, insect breeding areas, accident hazards or air pollution. (Ord.
548 §11(A) (part), 1974).
14.09.020 Refuse containers
All refuse shall be stored in fly tight, watertight, rodent proof containers which shall be located not more than one hundred fifty feet (150') from mobile home space. They shall be
provided in sufficient number and capacity to prevent any refuse from overflowing.
Racks or holders shall be provided for all refuse containers. Such containers, racks or holders shall be so designed as to prevent containers from being tipped, to minimize spillage
and container deterioration, and to facilitate cleaning around them. (Ord. 548 §11(A) (part), 1974).
14.09.030 Refuse collection
All garbage shall be collected at least twice weekly. Rubbish shall be dumped frequently enough to prevent it from overflowing available containers. Where suitable collection service
is not available from municipal or private agencies, the mobile home park operator shall provide this service. All refuse shall be collected and transported in covered vehicles or
covered containers. (Ord. 548 §11(A) (part), 1974).
14.09.040 Approval for incinerator construction
Incinerators shall be constructed only with approval of the State and Local Health Officers. Such approval shall be based on a review of the plan specifications for such incinerators
and approval of the site where they will be located. Such approval shall specify the type of material which shall be placed in the incinerators. (Ord. 548 §11(A) (part), 1974).
14.09.050 Authorized personnel for incinerator use
Incinerators shall be fired only when attended by some person specifically authorized by the owner or operator of the mobile home park. (Ord. 548 §11(A) (part), 1974).
14.09.060 Incinerator restrictions
Trash incinerators shall not be used for the disposal of garbage. (Ord. 548 §11(A) (part), 1974).
14.09.070 Fire protection requirements
The park area shall be subject to the rules and regulations of the City prevention authority.
Mobile home park areas shall be kept free of litter, rubbish, and other flammable materials.
Portable fire extinguishers of a type approved by the fire prevention authority shall be kept in service buildings and in all other locations named by such fire prevention authority,
and shall be maintained in good operating condition.
Fires shall be made only in stoves, incinerators and other equipment intended for such purposes. (Ord. 548 §11(D), 1974).
No open fires shall be permitted in any trailer court in any place where the same shall endanger life or property. (Ord. 422 §13(part), 1960).
14.09.080 Communicable or contagious disease procedures
Every person operating a mobile home park shall notify the local Health Offices immediately of any suspected communicable or contagious disease within the mobile home park. In the case
of diseases diagnosed by a physician as quarantined, such person operating a mobile home park shall not permit the departure of a mobile home or its occupants, or the removable therefrom
of clothes or other articles which have been exposed to infection, without approval of the Health Officer. (Ord. 548 §11(E), 1974).
14.09.090 Pet restrictions
No owner or person in charge of a dog, cat or other pet animal shall permit it to run at large, or to commit any nuisance within the limits of any mobile home park. (Ord. 548 §11(F),
1974). Note: the aforementioned also applies to travel trailer parks. See Ord. 422 15, 1960).
14.09.100 Insect and rodent control
Insect and rodent control measures to safeguard public health, as recommend by the Health Officer, shall be applied in the mobile home park.
Effective larvicide solutions may be recommended by the Health Officer for fly or mosquito breeding areas which cannot be controlled by other, more permanent measures.
Accumulations of debris which may provide harborage for rodents shall not be permitted in the mobile home park.
When rats or other rodents are known to be in the mobile home park, the park operator shall take definite action, as directed by the Health Officer, to exterminate them.
Suitable measures recommended by the Health Officer shall be taken by the mobile home park operator to control other insects. (Ord. 548 §11(B), 1974). Note: the aforementioned also applies
to travel trailer parks. See Ord. 422 §10, 1960.
14.09.110 Liquefied petroleum gas restrictions
Liquefied petroleum gas for cooking purposes shall not be used at individual home spaces unless the containers are properly connected by copper or other suitable metallic tubing. Liquefied
petroleum gas cylinders shall be so fastened in place, and shall be adequately protected from the weather. No cylinder containing liquefied petroleum gas shall be located in a mobile
home nor within five (5) feet of a door thereof. (Ord. 548 §11(C), 1974).
14.09.120 Service buildings
For additional information on this section please see Ord. 422 §7, 1960.
TITLE 15 BUILDINGS REGULATIONS
Title 15 sets forth building and construction regulations relative to excavations, gas, fire, flood, etc.
For statutory provisions authorizing cities to adopt nationally recognized codes by reference, see Idaho Code §50-901.
CHAPTER 15.01 BUILDING CODE*
*Note to Chapter 15.01: For statutory provisions authorizing cities to adopt nationally recognized codes by reference, see Idaho Code §50-901.
15.01.010 Uniform Building Code adopted by reference – Copies on file
That certain documents, three (3) copies of each code of which are on file in the office of the City of Rexburg, Community Development Department of the City of Rexburg, being marked
and designated as the International Building Code, 2009 edition, the International Residential Code 2009 edition, the International Mechanical Code 2009 edition, the International Fuel
Gas Code 2009 edition and the International Energy Conservation Code 2009 edition, all published by the International Code Council, the NFPA 70 National Electrical Code as currently
required by the State of Idaho and the Uniform Plumbing Code as currently required by the State of Idaho and published by the International Association of Plumbing and Mechanical Officials
are hereby adopted as the Building Code of the City of Rexburg, in the State of Idaho for regulating and governing the conditions and maintenance of all property, buildings and structures;
by providing the standards for supplied utilities and facilities and other physical things and conditions essential to ensure that structures are safe, sanitary and fit for occupation
and use; and the condemnation of buildings and structures unfit for human occupancy and use and the demolition of such structures as herein provided: proving for the issuance of permits
and collection of fees therefore; and each and all of the regulations, provisions, penalties, conditions and term of said Building Code on file in the office of the City of Rexburg
Community Development Department are hereby referred to adopted and made a part hereof as if fully set out in this ordinance, with the additions, insertions and deletions and changes,
if any, prescribed in Section 15.01.020 of this ordinance. (Ord. 1059 § 1, 2010).
endments
For additional information regarding the following sections that are hereby revised please see Ord. 1059 §2, 2010.
15.01.030 Fees
That building permit fees and other inspection fees not identified in Section 15.01.020 above, shall be collected at time of Building Permit issuance and shall be as identified by Table
1A of the 1997 Uniform Building Code. (Ord. 1059 §3, 2010)
15.01.040 Severability
That if any section, subsection, sentence, clause or phrase of this ordinance is, for any reason, held to be unconstitutional, such decision shall not affect the validity of the remaining
portions of the ordinance. The Rexburg City Council hereby declares that it would have passed this ordinance, and each section, subsection, clause or phrase thereof, irrespective of
the fact that any one or more sections, subsections, sentences, clauses and phrases be declared unconstitutional. (Ord. 1059 §5, 2010)
That nothing in this ordinance or in the Building Code hereby adopted shall be construed to affect any suit or proceeding impending in any court, or any rights acquired, or liability
incurred, or any cause or causes of action acquired or existing, under any act or ordinance hereby repealed as cited in Section 15.01.020 of this ordinance: nor shall any just or legal
right or remedy of any character lost, impaired or affected by this ordinance. (Ord. 1059 §6, 2010)
15.01.050 Violation – Penalty
Any person, firm, or corporation violating any provision of the Building Code as described in Section 15.01.010 of this document, shall upon conviction thereof, be guilty of a general
misdemeanor, which shall be punishable by a fine not to exceed Three Hundred Dollars($300.00) or by imprisonment for not more than Six (6) Months, or by both said fine and imprisonment
for any single violation, in addition to any penalty for any sanction provided for in the adopted Building Code as described in Section 15.01.010 of this document. Each day of violation
shall constitute a separate offense. (Ord.1059 § 8, 2010)
NOTE: All Rexburg City Ordinance Misdemeanor violation penalties are hereby amended to be Infraction penalties for the City of Rexburg. (Ordinance 1164 §1, 2017).
CHAPTER 15.02 LIFE SAFETY*
*Note to Chapter 15.02: For statutory provisions concerning life safety issues, administration and appeal, and violation –penalty, see Rexburg Ordinance 851.
CHAPTER 15.03 EXCAVATIONS
15.03.010 Standards applicable
Where not otherwise specified in this code, all materials and equipment used in the construction of public works in the city shall meet the standards as set forth in and approved by
the American Society for Testing Materials. (Ord. 530 §3, 1972).
15.03.020 Permit – Required – Recordkeeping – Fee
No person shall hereafter make any excavation in any street, alley, or easement of the city without first having obtained a permit so to do from the city clerk, said permit to be issued
in triplicate and a copy thereof delivered by the city clerk to the water department superintendent, a copy of the permit shall be filed, and kept on file, with the city clerk for a
period of not less than five years after its issue. The city council, by resolution, shall set a fee to be charged the applicant by the city clerk and paid by the applicant before the
issuance of the permit. (Ord. 647 §1, 1982; Ord. 565 §1, 1975; Ord. 530 §1(A), 1972).
15.03.030 Permit – Application – Notice of commencement of work
Applications for permits may be made in person, by telephone, or by other medium of communication, but if the application is not made in person then the permittee or his/its qualified
agent shall appear at the office of the city clerk-treasurer to execute the permit papers and file the necessary bond required in Section 15.03.040 not later than noon of the first
working day following the application and before any excavation shall commence. Regardless of when any permit to excavate is issued, the permittee shall give notice to the city clerk-treasurer
not more than twenty-four hours nor less than two hours before the time when the excavation is to commence. (Ord. 565 §3, 1975; Ord. 530 §1(C), 1972).
15.03.040 Permit – Bond
No permit shall be issued for any excavation unless the applicant shall present with the application, or file with the city clerk-treasurer, a bond in an amount sufficient to reconstruct
said street, alley or easement as hereinafter in this chapter provided. The amount of said bond shall be fixed and determined by the street department superintendent, who shall make
an estimate of the cost of such reconstruction of the street, alley or easement. In the event the applicant fails to reconstruct the street, alley or easement as hereinafter set forth,
the city may proceed to do so and the cost thereof shall be paid from the bond filed by the applicant. (Ord. 565 §2, 1975; Ord. 530 §1(B)(a), 1972).
15.03.050 Permit – Insurance required
No permit shall be issued for any excavating unless the applicant shall present with the application, or have on file with the city clerk-treasurer, a certificate of insurance from an
insurance company qualified to write contracts within the state, certifying that the applicant has public liability insurance with limits not less than five thousand dollars for property
damage and not less than twenty thousand dollars per person and one hundred thousand dollars per occurrence for injury to the person, including death. All permits of any permittee shall
be revoked immediately upon cancellation or expiration of the insurance. (Ord. 530 §1(B), 1972).
15.03.060 Backfilling and asphalt repairs – Specifications – Permittee responsibility
The permittee shall be responsible for the backfilling and permanent asphalt repairs of the street, alley or easement in accordance with standard specifications on file in the office
of the engineer. (Ord. 530 §1(D), 1972).
15.03.070 Safeguarding and maintenance responsibility
It shall be the responsibility of the permittee to provide continuous maintenance and proper safeguards to the excavation until a permanent patch is completed and accepted by the street
department. (Ord. 530 §1(E), 1972).
15.03.080 Asphalt repairs – Completion time
Permanent asphalt repairs will be completed not later than ten days after the excavation has been backfilled, weather conditions permitting. In the event weather conditions prohibit
permanent repairs, the street superintendent may authorize temporary cold patches to be replaced by the applicant when weather permits. (Ord. 530 §1(F), 1972).
15.03.090 Asphalt repairs – Performed by city when – Costs
In the event the permittee does not make repairs within ten days after completion of backfill, the city may, at its election, complete the work and make such repair. In the event the
repairs are completed by the city, the permittee agrees to pay to the city, within five days after determination of the amount, the cost of the city's repairs, based upon actual charges
and cost to the city of repairs at the time the repair was completed. (Ord. 530 §1(G), 1972).
15.03.100 Precautions to prevent injury required – Penalty for failure to provide
Any person who shall make any excavation along or upon any of the streets or alleys of the city shall use all necessary precautions to prevent injury to any person lawfully upon said
streets.
Any person who makes any opening or excavation upon any of the public streets of the city and who fails to protect the public by proper warnings shall be deemed guilty of a misdemeanor.
(Ord. 530 §2, 1972).
15.03.110 Violation deemed misdemeanor
Any person who shall make any excavation upon any of the public streets, alleys or easements of the city in violation of the terms of this chapter shall be deemed guilty of a misdemeanor.
(Ord. 530 §1(H), 1972).
NOTE: All Rexburg City Ordinance Misdemeanor violation penalties are hereby amended to be Infraction penalties for the City of Rexburg. (Ordinance 1164 §1, 2017).
CHAPTER 15.04 ELECTRICAL CODE*
*Note to Chapter 15.04: For statutory provisions authorizing cities to adopt nationally recognized codes by reference, see Idaho Code §50-901.
15.04.010 Electric code adopted by reference
That the document known as the National Electrical Code, copyrighted by the National Fire Protection Association, 2008 Edition, together with the amendments and revisions thereof, with
the inclusion of appendices, is hereby adopted as the Electrical Code of the City of Rexburg, Idaho. Said Code provides for regulating and controlling the design, installation, quality
of material, erection, installation, alteration, repair, location, relocation, replacement,
addition to, use or maintenance of electrical systems, wires, circuit, motors, or other miscellaneous electrical equipment except as otherwise provided in said Code. (Ord. 785 §1, 1996).
15.04.020 Copies on file
There has been on file and there shall hereafter be kept on file, in the office of the Clerk or City Engineer three (3) copies of said National Electrical Code, 2008 Edition, duly certified
by the Clerk, for use and examination by the public. (Ord. 785 §2, 1996).
CHAPTER 15.05 GAS INSTALLATIONS
15.05.010 Definitions
As used in this chapter:
Gas: means natural gas, manufactured gas, hydrocarbon gas, or any mixture of gases produced, transmitted, distributed or furnished by any gas utility or agency.
Gas installations: means the installation of all facilities for producing, transmitting and distributing gas, and all accessory equipment, appurtenances and appliances necessary for
the control and utilization of gas. (Ord. 455 §1, 1965).
15.05.020 Gas production facilities
Section 3 of Ordinance no. 1054, adopting part of General Order No. 98 of the State of Idaho Public Utilities Commission, is hereby adopted and the same is hereby made a part hereof
insofar as the provisions of said Section 3 of Ordinance No. 1054 are applicable to the installation and maintenance of gas facilities in buildings. (Ord. 455 §2(a), 1965).
15.05.030 Construction, operation and maintenance facilities for transmission and distribution
Section 2 of Ordinance No. 1054 adopting ASA B31.1.8 - 1959, as so adopted by Section 2 of Ordinance No. 1054, is made a part hereof insofar as the same is applicable to the installations
and maintenance of gas facilities in buildings. (Ord. 455 §2(b), 1965).
15.05.040 Gas installations in buildings, adoption of N.B.F.U. pamphlet No. 54 as Gas Code
The National Fire Protections Association Code No. 54 of 1969, regulating the construction, installation and maintenance of gas piping and gas appliances in buildings, and said National
Fire Protection Association Code No. 54 under date of 1969, being of a general and permanent character as shown by three (3) copies thereof now on file in the office of the City Clerk,
is hereby ratified and adopted as ordinances of Rexburg, and part of this ordinance, as regulating gas piping and gas appliances in buildings. (Ord. 524 §1, 1972: Ord. 455 §2(c), 1965).
15.05.050 Permit – Required
It is unlawful for any person, firm or corporation to do or cause or permit to be done, whether acting as principal, agent or employee, any gas installation work of any nature in
buildings or service lines thereto without first procuring a permit from the building inspector authorizing such work to be done. (Ord. 455 §3(a), 1965).
15.05.060 Permit – Not required for certain work
A permit shall not be required for the clearing of stoppages or repairing of leaks in pipes, valves, or fixtures when such repairs do not involve or require the replacement of rearrangement
of pipes, valves or fixtures. It shall be required, notwithstanding, that work of this nature be performed by persons qualified under this chapter as competent to do such work. (Ord.
455 §3(b), 1965).
15.05.070 Permit – Application – Information required
Any person, firm or corporation legally entitled to receive a permit shall make application at the building inspector's office on the form provided. A description of the work proposed
to be done, and location, ownership, occupancy and use of the premises shall be given. The building inspector may require plans and specifications and other such information as may
be deemed necessary and pertinent for examination before granting the permit. When it has been determined that the information furnished by the applicant is in compliance with this
chapter, the permit shall be issued, upon payment of the required fees as hereinafter fixed. (Ord. 455 §3(c), 1965).
15.05.080 Permit – Cost – Inspection fee
The applicant shall pay for each permit issued, at the time of issuance, a permit fee, plus an inspection fee in accordance with fees set by the city council. (Ord. 455 §3(d), 1965).
15.05.090 Inspection – Requirements generally – Piping and pressure tests
For additional information on this section please see Ord. 524 §2, 1972; Ord. 455 §4(a), 1965).
15.05.100 Inspector qualifications and supervisory authority
The Rexburg city installation inspector shall be under the supervision of the fire department. The inspector furnished by the city shall pass the examination for a gas-fitting contractor
by the examining board; there will be no charge by the city for such examination. (Ord. 455 §4(g), 1965).
15.05.110 Inspection – Installations completed before passage of chapter provisions
All gas installations completed prior to the passage of the ordinance codified in this chapter must be inspected and have an inspection tag securely attached as hereinabove provided,
to show compliance with this chapter, and in order to bring substandard installations up to the standards herein provided, for the benefit of the health, safety and protection and general
welfare of the public. (Ord. 455 §4(f), 1965).
15.05.120 Inspection – Notification of readiness required – Reinspection fee
It shall be the duty of the permit holder to notify the building inspector at least four hours prior to the time of inspection, exclusive of Saturdays, Sundays and legal holidays, that
he is ready for such inspection. When reinspection is required, after the final inspection as before
described, it shall be made at a flat charge of two dollars per reinspection. (Ord. 455 §4(d), 1965).
15.05.130 Inspection – Certification
The building inspector shall either approve that portion of the work completed at the time of inspection, or shall notify the permit holder of wherein the same fails to comply with this
chapter; and when final inspection has been made and the work approved, the building inspector shall certify to the gas company or utility supplying gas to the premises, by attaching
securely an inspection tag at the approximate location of the appliance, that such inspection has been made and the system found satisfactory as required by this chapter and ready for
the setting of a gas meter or meters. (Ord. 455 §4(b), 1965).
15.05.140 Inspection – By gas supplier – Right of entry
The right is reserved for entry to the premises by the gas company or utility, and it shall be required that said supplier make its own inspection of all facilities before connecting
the meter and admitting gas to the system. The gas company or utility shall make a second inspection of all facilities after gas is admitted to the system to assure, in the presence
of the permit holder, the proper functioning of the system and all appliances. (Ord. 455 §4(c), 1965).
15.05.150 Restrictions for turning on gas
It is unlawful for any person to turn on gas in any building unless all outlets are properly connected or capped with screwed fittings; and further, it is unlawful for any person, except
a qualified employee or agent of the company or utility furnishing gas to the premises, to turn on or connect gas service in any building or on any premises where and when gas service
is not at the time being rendered; further, it is unlawful for any gas company or utility furnishing gas to set or cause to be set or connected any gas meter, or to turn on gas, until
the inspector's certificate of inspection has been given as before stipulated. (Ord. 455 §4(e), 1965).
15.05.160 Installation work – Certification of competency required
It is unlawful for any person, firm or corporation to engage in the work or business of making gas installations unless such person, or a responsible person representing the firm or
corporation as hereinafter in this chapter prescribed, has successfully passed an examination conducted by the board of examiners, and has had issued to him a certificate of competency
by said board in accordance with provisions of this chapter. (Ord. 455 §5(a), 1965).
15.05.170 Classifications of competency designated – Qualifications
For a complete list of these qualifications please see Ord. 455 §5(b), 1965.
15.05.180 Gas fitting contractor – Insurance prerequisite to licensing
Every gas fitting contractor, before securing a license as hereinafter in this chapter provided, must post a certificate of insurance with the city, evidencing the insurance of the gas
fitting contractor against property damage in an amount consistent with state regulations. (Ord. 455 §5(c), 1965).
15.05.190 Installation work – License requirements
Before any person, firm or corporation shall carry on or engage in the work or business of making gas installations, he shall procure a license applicable to the classification in which
he proposes to work, and pay the annual license fee imposed on such classifications. The license shall not be transferable. Every applicant for a license shall present a certificate
of competency or other identification as proof that he is entitled to or has been approved by the board of examiners as competent for the classification sought. If the applicant be
a partnership, firm or corporation, the application shall be made by a bona fide member or agent thereof, who shall at all times be in actual charge of the applicant's gas installation
business. When any person is designated and authorized to be or act as an agent for the applicant, such authorization shall be in writing, signed by the applicant and the person designated,
one copy of which shall be filed with the examining board and one copy in the office of the city building inspector or the city clerk. (Ord. 455 §5(d), 1965).
15.05.200 Violation – Penalty
Any person, firm or corporation that violates, disobeys, omits, neglects or refuses to comply with, or resists the enforcement of any of the provisions of this chapter, upon conviction
thereof shall be punishable as set forth in Chapter 1.02.020 of this code. (Ord. 455 §7, 1965).
NOTE: All Rexburg City Ordinance Misdemeanor violation penalties are hereby amended to be Infraction penalties for the City of Rexburg. (Ordinance 1164 §1, 2017).
CHAPTER 15.06 SIGN CODE*
*Note to Chapter 15.06: Prior Ordinance History: Ords. 528, and 775.
Use and Placement of Signs: here.
15.06.010 Clear View of Intersecting Streets
No sign may be placed or constructed so that any portion thereof is placed or projects into any public right-of-way. For the purpose of ensuring reasonable visibility and safety this
ordinance shall prohibit the placement of signs within the sight triangle. The sight triangle applies to corner lots on intersecting City streets. The sight triangle is defined as
follows: The triangle of land formed on any corner lot by drawing two (2) lines, starting at the same afore mentioned corner point heading away from each other along the lot lines,
right-of-way lines, or prescribed right-of-way lines (whichever is applicable), a distance of thirty (30) feet and then connected by a diagonal line along the endpoints of the two (2)
drawn lines forming a triangle. (Ord. 1115 Chapter 10 §3(a), 2014).
15.06.020 The Maximum Height
Unless further restricted in this Sign Code, the maximum height of any free standing sign shall be twenty-four (24) feet from ground level to the top of the sign. On lots where a 24
foot free standing sign is allowed and the building height is greater than 24 feet, the maximum height of a free standing sign may be reviewed under a Conditional Use Permit for a taller
free standing sign not to exceed the building height. (Ord. 1115 Chapter 10 §3(b)(part), 2014: Ord. 1027 §2, 2010).
15.06.030 Definitions
Various types of signs and definitions relating to signs, Schedule “A” hereto and incorporated as a part of this Ordinance. This Schedule is not intended to be all-inclusive, but is
to be for definition purposes in assisting in the understanding and compliance with the intent of this Ordinance. (Ord. 1115 Chapter 10 §3(c), 2014: Ord. 1027 §3, 2010).
15.06.040 Use and Placement
Schedule “B” including (3 spread sheets showing the separate Zones) attached hereto, and by reference made a part hereof, is intended to set forth various types of signs, and the respective
zones in which such signs shall be allowed. (Ord. 1115 Chapter 10 §3(d), 2014: Ord. 1027 §4, 2010).
15.06.050 Permits and Fees
For additional information on this section please see Ord. 1115 §3(e), 2014: Ord. 1027 §5, 2010.
15.06.060 Copies on File
There shall hereafter be kept on file, in the offices of the City Clerk and the Building Department, three (3) copies of this sign code, duly certified by the Clerk, for use and examination
by the public. (Ord. 1115 §4, 2014: Ord. 1027 §6, 2010).
15.06.070 Violation - Penalty
Any person, firm or corporation violating any provision of this chapter shall be guilty of a misdemeanor, and be subject to the following civil penalties or remedies:
NOTE: All Rexburg City Ordinance Misdemeanor violation penalties are hereby amended to be Infraction penalties for the City of Rexburg. (Ordinance 1164 §1, 2017).
For a complete list of the penalties or remedies please see Ord. 1115 §5, 2014: Ord. 1027 §7, 2010.
15.06.080 Severability
The sections of this chapter are severable and the invalidity of a section shall not affect the validity of the remaining sections, which should be construed as closely as possible with
the overall purpose and intent of this chapter in the event any portion hereof is deemed to be invalid. (Ord. 1115 §6, 2014: Ord. 1027 §8, 2010).
CHAPTER 15.07 INTERNATIONAL FIRE CODE*
*Note to Chapter 15.07: Prior ordinance history: Ords. 654, 672, 689, 784, 828, 873, 918, 933, 997, 1042, 1063, and 1096.
Ord. 1063 & 1096 are repealed by Ord. 1109
15.07.010 International Fire Code 2012 adopted by reference Ord 1109 §2, 2014.
15.07.104.6 Official records. The fire code official shall keep official records as required by Sections 104.6.1 through 104.6.4. Investigations shall show the cause, the findings and
deposition of each. Such official records shall be retained as indicated in the City of Rexburg Records Management Manual, Appendix D, September 2006. (Ord. 1109 §3(B), 2014).
15.07.105.1.1 Permits required. Permits required by this code shall be obtained from the Rexburg City Clerk. Permit fees are located here and shall be paid prior to issuance of the permit.
Issued permits shall be kept on the premises designated therein at all times and shall be readily available for inspection by the fire code official. (Ord. 1109 §3(C), 2014).
15.07.105.7.1 Automatic fire-extinguishing systems. A construction permit and safety system certification permit are required for installation of or modification to an automatic fire-extinguishing
system. Maintenance performed in accordance with this code is not considered a modification and does not require a permit (Ord. 1109 §3(D), 2014).
15.07.105.7.5 Fire alarm and detection systems and related equipment. A construction permit and a safety system certification permit are required for installation of/or modification
to fire alarm and detection systems and related equipment. Maintenance performed in accordance with this code is not considered a modification and does not require a permit (Ord. 1109
§3(E), 2014).
15.07.105.7.6 Fire pumps and related equipment. A construction permit and safety system certification permit are required for installation of/or modification to fire pumps and related
fuel tanks, jockey pumps, controllers and generators. Maintenance performed in accordance with this code is not considered a modification and does not require a permit (Ord. 1109 §3(F),
2014).
15.07.106.5 Re-inspection fees. A re-inspection fee may be assessed for each re-inspection when such portion of work for which inspection is called for is not completed or when corrections
called for are not made within the allotted time (Ord. 1109 §3(G), 2014).
15.07.109.3 Violation penalties. Persons who shall violate a provision of this code or shall fail to comply with any of the requirements therein or who shall erect, install, alter, repair,
or do work in violation of the approved construction documents or directive of the fire code official, or of a permit or certificate used under provisions of this code, shall be guilty
of a misdemeanor, punishable by a fine of not more than $500.00 dollars, or by imprisonment not exceeding 180 days, or both such fine and imprisonment. Each day that a violation continues
after due notice has been served shall be deemed a separate offence (Ord. 1109 §3(H), 2014).
15.07.113.2 Schedule of permit fees. A fee for each permit and repeated false alarms shall be paid as required, in accordance with the Rexburg Municipal Code; They can be found here
(Ord. 1109 §3(K), 2014).
15.07.113.3 Work commencing before permit issuance. Any person who commences any work, activity or operation regulated by this code, before obtaining the necessary permits shall be subject
to an additional fee established by the applicable governing authority which shall be in addition to the required permit fees. An exception shall be granted for emergency repair work
performed during off-business hours. Emergency repair work shall be work similar in nature to repairing frozen or physically damaged piping in order to return a system to service (Ord.
1109 §3(L), 2014).
15.07.113.6 Reimbursement of operational costs. Madison Fire Department is authorized to seek reimbursement of response, suppression and ambulance costs from or related to incidents.
The costs shall be based upon the current edition of the Idaho Fire Service Organization Rate Book (Ord. 1109 §3(M), 2014)
15.07.114 Safety system certification permit. All installations, modifications, required maintenance, or servicing of life-safety systems are to be performed by an approved licensed
business or person(s). A business or person(s) shall obtain a “Safety System Certification Permit” from the City Clerk’s office to do any work in the City of Rexburg. Permits shall
expire one year from the date of issuance unless otherwise noted on the permit. Fire Alarm Contractors shall provide proof of Liability Insurance and proof of having a minimum of a
NICET Level II certification for fire alarm systems design and NICET Level I for testing. Fire Sprinkler Contractors shall provide proof of Liability Insurance and proof of having a
minimum of a NICET Level II certification for sprinkler system design, NICET Level I for testing, and any additional certifications as required. Certifications shall be equal to/or
the equivalent as specified in NFPA 72 (Ord. 1109 §3(N), 2014)
15.07.114.1 Tags. Tags for inspection of fire suppression systems, fire extinguishers, and fire alarm systems are required to be obtained from the Rexburg City Clerk’s office for use
in the City of Rexburg (Ord. 1109 §3(O), 2014)
15.07.401.3.4 Silencing fire alarms. It is prohibited for anyone other than fire department personnel or fire protection system contractors, while in the performance of their duties,
to silence, restore, or reset a fire alarm system without the expressed permission of Madison Fire Department (Ord. 1109 §3(P), 2014)
15.07.401.5 Making false report. A person shall not give, signal, or transmit a false report. The Fire Chief shall be authorized to seek restitution from the perpetrator and/or any and
all accomplices for making false reports. Restitution for making false reports shall be the actual cost recovery of personnel, engines, and supplies according to the current edition
of the Idaho Fire Service Organization Rate Book (Ord. 1109 §3(Q), 2014.
15.07.501.4 Timing of installation. When fire apparatus access roads, driveways, or a water supply for fire protection is required to be installed, such protection shall be installed
and made serviceable prior to/and during the time of construction except when approved alternative methods of protection are provided. Temporary street signs shall be installed at
each street intersection when construction of new roadways allows passage by vehicles in accordance with Section 505.2 (Ord. 1109 §3(S), 2014).
15.07.502 .1 Driveway. A driveway is a vehicular ingress and egress route that serves no more than five (5) single family dwellings, not including accessory structures (Ord. 1109 §3(T),
2014).
15.07.503 FIRE APPARATUS ACCESS ROADS AND DRIVEWAYS
For additional information on this section please see Ord. 1109 §3(U), 2014
15.07.503.2.4 Turning radius. The minimum turning radius shall be not less than 30 feet and an outside turning radius of not less than 45 feet (Ord. 1109 §3(W), 2014).
15.07.503.4 Obstruction of fire apparatus access roads. Fire apparatus access roads shall not be obstructed in any manner, including the parking of vehicles, the accumulation of snow,
or the growing of vegetation. The minimum widths and clearances established in Section 503.2.1 shall be maintained at all times (Ord. 1109 §3(X), 2014).
15.07.503.6 Security gates. Where security gates are installed, they shall have an approved means of emergency operation and be equipped with a Knox Box®. The Knox Box® shall contain
the appropriate key, card, or code to operate the security gate. The security gate and the emergency operation shall be maintained operational at all times. Electric gate openers, where
provided, shall be listed in accordance with UL 325. Gates intended for automatic operation shall be designed, constructed, and installed to comply with the requirements of ASTM F 2200.
Security gates shall be approved by the fire code official.
15.07.503.7 Driveways. Driveways shall be provided when any portion of an exterior wall of the first story of a building is located more than 150 feet from a fire apparatus access road.
Driveways shall provide a minimum unobstructed width of 12 feet and minimum unobstructed height of 13 feet 6 inches. Driveways in excess of 150 feet in length shall be provided with
turnarounds. Driveways in excess of 200 feet in length and 20 feet in width may require turnouts in addition to a turnaround (Ord. 1109 §3(Y), 2014).
15.07.503.7.2 Turnarounds. Driveway turnarounds shall have an inside turning radius of not less than 30 feet and outside turning radius of not less than 45 feet. Driveways that connect
with an access road or roads at more than one point may be considered as having a turnaround if all changes of direction meet the radius requirements for driveway turnarounds.
15.07.503.7.3 Turnouts. Where line of sight along a driveway is obstructed by a man-made or natural feature, turnouts shall be located as may be required by the fire code official to
provide for safe passage of vehicles. Driveway turnouts shall be of an all-weather road surface at least 10 feet wide and 30 feet long (Ord. 1109 §3(AA), 2014).
15.07.503.7.4 Bridge load limits. Vehicle load limits shall be posted at both entrances to bridges on driveways and private roads. Design loads for bridges shall be established by the
fire code official and the city engineer (Ord. 1109 §3(BB), 2014).
15.07.503.7.5 Address markers. All buildings shall have a permanently posted address, which shall be placed at each driveway entrance and be visible from both directions of travel along
the road. In all cases the address shall be posted at the beginning of construction and maintained thereafter. The address shall be visible and legible from the road on which the address
is located. Address signs along one-way roads shall be visible from both the intended direction of travel and the opposite direction. Where multiple addresses are required at a single
driveway, they shall be mounted on a single post and additional signs shall be posted at locations where driveways divide (Ord. 1109 §3(CC), 2014).
15.07. 503.7.6 Grade. The gradient for driveways shall not exceed 10 percent unless approved by the fire code official (Ord. 1109 §3(DD), 2014).
15.07.503.7.8 Surface. Driveways shall be designed and maintained to support the imposed loads of local responding fire apparatus and shall be surfaced as to provide all weather driving
capabilities. Driveways shall be constructed according to the latest version of Idaho Standards for Public Works Construction (Ord. 1109 §3(EE), 2014).
15.07.503.8 Barricade specifications. If emergency vehicle access roadways are secured with a barricade, chain, gate, or bollard, such barricade shall meet the following criteria. Removal
or opening of said barricade must result in a clear unobstructed road width of at least twenty (20) feet. Chains and locks shall not damage fire department cutting tools nor shall cutting
operations result in any unnecessary time delay. Bollards must be of an easily removable type, shall leave nothing protruding up from the roadway surface when removed, and shall be
approved by the fire code official. Access roadways shall be maintained year-round, including snow removal (Ord. 1109 §3(FF), 2014).
15.07.505.3 Multi-family dwelling address.
When individual apartment, condominium, or town house structures within a common complex are designated with separate addresses, individual unit numbers shall be assigned so there is
no duplication of unit designations within a building. The first floor shall be 100 series, second floor 200 series and so on for each successive floor. Basements shall be 10 series
if the next higher floor is designated the first floor, or basements shall be designated 100 series if the next level is called the second floor.
When apartment, condominium, or town house complexes (more than one structure) have been assigned one address, each individual building shall also be assigned a number. The building
number shall be posted in a conspicuous location with the number being a minimum of twelve (12) inches in height in a contrasting color to the background. Unit or apartment numbers
shall then be assigned in the 10, 100, 200, 300, etc. series per floor as identified in paragraph a. of this section (Ord. 1109 §3(Q), 2014).
15.07.506.1 Knox Box® location. Where access to or within a structure or an area is restricted because of secured openings or where immediate access is necessary for life-saving or fire-fighting
purposes, the fire code official is authorized to require a Knox Box® (s) to be installed in approved locations. The Knox Box®(s) shall contain keys, cards, or codes to gain necessary
access and operate life safety equipment as required by the fire code official. All newly constructed structures subject to this section shall have the Knox Box®(s) installed and containing
the required keys prior to the issuance of an occupancy permit. Locations shall include:
For a complete list of what these locations include please see Ord. 1109 §3(KK), 2014.
15.07. 507.2 Type of water supply. A water supply shall consist of water delivered by fire apparatus, reservoirs, pressure tanks, elevated tanks, water mains, or other sources capable
of providing the required fire flow as approved by the fire code official. No exceptions allowed (Ord. 1109 §3(LL), 2014).
15.07.507.5.7 Fire hydrant distance from buildings. Fire hydrants shall not be installed closer than forty (40) feet and/or at access points to buildings. In such areas of the city where
forty (40) feet is an impractical distance, the code official may allow a lesser distance. Access to hydrants adjacent to properties must be approved by the fire code official (Ord.
1109 §3(PP), 2014).
15.07.507.5 Fire hydrant systems. Fire hydrant systems shall comply with sections 507.5.1 through 507.5.7 (Ord. 1109 §3(NN), 2014).
15.07.507.5.5 Clear space around hydrants. A 3-foot clear space shall be maintained around the circumference of fire hydrants, including snow, except as otherwise required or approved
(Ord. 1109 §3(OO), 2014).
15.07.507.5.7 Fire hydrant models. New fire hydrants shall be the Waterous® WB67-250, Mueller® A-423, or Clow® F-2545. New hydrants shall be painted red and installed with a 5 inch Storz
fitting and cap (Ord. 1109 §3(QQ), 2014).
15.07.509.2 Equipment access. Approved access shall be provided and maintained for all fire protection equipment to permit immediate safe operation and maintenance of such equipment.
Storage, trash and other materials, or objects shall not be placed or kept in such a manner that would prevent such equipment from being readily accessible. A working space shall be
clearly marked and identified of not less than thirty (30) inches on each side of fire suppression sprinkler riser piping and not less than thirty-six (36) inches in front of fire suppression
sprinkler riser piping shall be provided.
15.07.901.6.2 Records. Records of all system inspections, tests and maintenance required by the referenced standards shall be maintained on the premises for a minimum of three years.
An additional copy of all inspection and test reports shall be sent to Madison Fire Department by the contractor (person) doing the maintenance or inspection (Ord. 1109 §3(RR), 2014).
15.07.903.1.2 Warehouse sprinkler systems. An automatic sprinkler system shall be installed in warehouse type buildings where any portion of the building has an open ceiling height over
twelve (12) feet.
15.07.903.1.3 Freeze protection. Approved automatic sprinkler systems in new buildings and structures shall be protected from freezing to a temperature of -400 Fahrenheit. (Ord. 1096
§3(MM), 2012)
15.07.903.2 Where required. Approved automatic sprinkler systems in new buildings and structures shall be provided in the locations described in Sections 903.2.1 through 903.2.12.
15.07.903.3.1.2 NFPA 13R sprinkler systems. Where allowed in buildings of Group R, with three (3) to twelve (12) dwelling units, automatic sprinkler systems shall be installed throughout
in accordance with NFPA 13R or NFPA 13 (Ord. 1109 §3(SS), 2014).
15.07. 903.3.7 Fire department connections. The location of fire department connections (FDC) shall be within 150 feet of a hydrant and adjacent to the fire apparatus access road. The
FDC shall include clappers. (Ord. 1096 §3(OO), 2012)
15.07. 903.3.8 Approved piping. All piping and fittings four inches or greater shall be ductile iron beginning at a minimum of three feet from the exterior of the building or structure
and continuing through to the appurtenances associated with the fire suppression system. Private fire service mains and their appurtenances shall be tested in accordance to NFPA 24.
(Ord. 1096 §3(PP), 2012)
15.07.905.1 General. Standpipe systems shall be provided in new buildings and structures in accordance with this section. The hose threads used in connection with standpipe systems
shall be approved and shall be compatible with fire department hose threads. The location of fire department hose connections shall be approved. All Standpipe systems shall be automatic
standpipe systems as defined by NFPA 14 unless approved by the Fire Chief or his designee. In buildings used for high-piled combustible storage, fire protection shall be in accordance
with Chapter 23 (Ord. 1109 §3(WW), 2014).
15.07.906.5 Conspicuous location. Portable fire extinguishers shall be located in conspicuous locations where they will be readily accessible and immediately available for use. R-2
occupancies shall have at a minimum one portable fire extinguisher within the dwelling unit located near the cooking area. These locations shall be along normal paths of travel, unless
the fire code official determines that the hazard posed indicates the need for placement away from normal paths of travel. (Ord. 1109 §3(YY), 2014: Ord. 1096 §2(RR), 2012)
15.07. 907.1 General. This section covers the application, installation, performance, and maintenance of fire alarm systems and their components in new and existing buildings and structures.
The requirements of Section 907.2 are applicable to new buildings and structures.
The requirements of Section 907.3 are applicable to existing buildings and structures. No partial fire alarm and detection systems shall be allowed (Ord. 1109 §3(ZZ)(part), 2014).
15.07.907.7.1. Wiring. Wiring shall comply with the requirements of NFPA 70 and NFPA 72. Wireless protection systems utilizing radio-frequency transmitting devices shall comply with
the special requirements of supervision of low-power wireless systems in NFPA 72. All wiring not installed in conduit shall be installed with approved hangers or protective devices.
All hangers or protective devices must meet the approval of the fire code official (Ord. 1109 §3(AAA), 2014).
15.07. 907.7.3.2.3 Zone and address location labeling. Fire alarm control panels (FACP) shall have all zones and address points plainly and permanently labeled as to their location,
on the outside of the panel or on an easily readable map of the building affixed to the outside of the panel. The annual inspection shall include inspections items identified in NFPA
72 and include a random inspection of 10% of the initiating devices to ensure proper labeling of the address on the device and address verification at the FACP. The access doors leading
to the FACP shall be posted with “FACP” in four inch tall letters with ½” stroke width. Remote annunciators shall be installed in approved locations. (Ord. 1109 §3(BBB), 2014: Ord.
1096 §2(UU), 2012)
15.07.4601.1 Scope. The provisions of this chapter shall apply to existing buildings constructed prior to the adoption of this code and only if in the opinion of the fire code official,
they constitute a distinct hazard to life or property (Ord. 1109 §3(DDD), 2014).
15.07.B105.3 Hydrant testing. Fire flow testing of hydrants shall be supervised by the fire code official. Documentation of the hydrant testing shall be made available to the fire code
official within 10 working days. (Ord. 1096 §2(WW), 2012)
15.07.D103.3 Turning radius. The minimum turning radius shall not be less than 30 feet and an outside turning radius of not less than 45 feet (Ord. 1109 §3(KKK), 2014).
15.07.D103.6.2.3 Fire access signage. All occupancies classified as commercial shall have fire access roadways posted with the proper signs as in Section D103.6 at seventy-five (75)
foot intervals from the center of the fire access road. Additionally, curbs shall be painted red and maintained as required by the fire code official. (Ord. 1109 §3(LLL), 2014)
15.07.D105.3 Proximity to building. Buildings or structures of four stories or less shall have at least one of the required access routes located within a minimum of 15 feet and maximum
of 45 feet from the building, and shall be positioned parallel to one entire side of the building. Buildings or structures greater than four stories shall have at least one of the required
access routes located within a minimum of 15 feet and maximum of 30 feet from the building, and shall be positioned parallel to one entire side of the building. (Ord. 1109 §3(MMM),
2014)
CHAPTER 15.08 FIRE DEPARTMENT LOCK BOX
15.08.010 Repealed by Ordinance 1063
CHAPTER 15.09 FLOOD DAMAGE PREVENTION
15.09.010 Statutory authorization
The Legislature of the State of Idaho has in statutes delegated the responsibility to local governmental units to adopt regulations designed to promote the public health, safety, and
general welfare of its citizenry. Therefore, the City Council of the City of Rexburg, Idaho, does ordain as set out in this chapter. (Ord. 1129 §1.1, 2015).
15.09.020 Findings of fact
The flood hazard areas of the City of Rexburg are subject to periodic inundation which results in loss of life and property, health, and safety hazards, disruption of commerce and governmental
services, extraordinary public expenditures for flood protection and relief, and impairment of the tax base, all of which adversely affect the public health, safety and general welfare.
These flood losses are caused by the cumulative effect of obstructions in areas of special flood hazards which increase flood heights and velocities, and when inadequately anchored,
damage uses in other areas. Uses that are inadequately flood proofed, elevated, or otherwise protected from flood damage also contribute to the flood loss. (Ord. 1129 §1.2, 2015).
15.09.030 Statement of purpose
It is the purpose of this ordinance to promote the public health, safety, and general welfare, and to minimize public and private losses due to flood conditions in specific areas by
provisions designed:
To protect human life and health;
To minimize expenditure of public money and costly flood control projects;
To minimize the need for rescue and relief efforts associated with flooding and generally undertaken at the expense of the general public;
To minimize prolonged business interruptions;
To minimize damage to public facilities and utilities such as water and gas mains, electric, telephone and sewer lines, streets, and bridges located in areas of special flood hazard;
To help maintain a stable tax base by providing for the sound use and development of areas of special flood hazard so as to minimize future flood blight areas;
To ensure that potential buyers are notified that property is in an area of special flood hazard; and
To ensure that those who occupy the areas of special flood hazard assume responsibility for their actions.
For the specific points of the purpose please see Ord. 1129 §1.3, 2015.
15.09.040 Methods of reducing flood losses
In order to accomplish its purposes, this ordinance includes methods and provisions for:
Restricting or prohibiting uses which are dangerous to health, safety, and property due to water or erosion hazards, or which result in damaging increases in erosion or in flood heights
or velocities;
Requiring that uses vulnerable to floods, including facilities which serve such uses, be protected against flood damage at the time of initial construction;
Controlling the alteration of natural flood plains, stream channels, and natural protective barriers, which help accommodate or channel flood waters;
Controlling filling, grading, dredging, and other development which may increase flood damage; and
Preventing or regulating the construction of flood barriers which will unnaturally divert flood waters or may increase flood hazards in other areas.
For additional information please see Ord. 1129 §1.4, 2015.
15.09.050 Definitions
Unless specifically defined below, words or phrases used in this ordinance shall be interpreted
so as to give this ordinance it’s most reasonable application.
"APPEAL" means a request for review of the City Building Inspector's interpretation of any provision of this ordinance or a request for a variance.
"AREA OF SHALLOW FLOODING" means a designated AO or AH Zone on the Flood Insurance Rate Map (FIRM). The base flood depths range from one to three feet; a clearly defined channel does
not exist; the path of flooding is unpredictable and indeterminate; and, velocity flow may be evident. AO is characterized as sheet flow and AH indicates pounding.
"AREA OF SPECIAL FLOOD HAZARD" means the land in the flood plain within a community subject to a one percent or greater chance of flooding in any given year. Designation on maps always
includes the letter A.
"BASE FLOOD" means the flood having a one percent chance of being equaled or exceeded in any given year. Also referred to as the "100 year flood." Designations on maps always include
the letter A.
"BASE FLOOD ELEVATION (BFE)" the computed elevation to which flood water is anticipated to rise during the “Base Flood.” The Base Flood Elevation (BFE) is depicted on the FIRM to the
nearest foot and in the FIS to the nearest .1 foot.
"BASEMENT" any area of the building having its floor sub grade (below ground level) on all sides, including a crawlspace.
"DEVELOPMENT" any manmade change to improved or unimproved real estate, including, but not limited to, the construction of buildings, structures or accessory
structures, or the construction of additions or substantial improvements to buildings, structures or accessory structures; the placement of mobile homes; mining, dredging, filling, grading,
paving, excavation or drilling operations; and the deposition or extraction of materials; specifically including the construction of dikes, berms and levees. The term "development"
does not include the operation, cleaning, maintenance or repair of any ditch, canal, lateral, drain, diversion structure or other irrigation or drainage works that is performed or authorized
by the owner thereof pursuant to lawful rights and obligations. (I.C. 46-1021)
"FLOOD" or "FLOODING" means a general and temporary condition of partial or complete inundation of normally dry land areas from:
The overflow of inland or tidal waters and/or
The unusual and rapid accumulation of runoff or surface waters from any source.
"FLOOD PROTECTION ELEVATION (FPE)" As defined in Idaho Code §46-1021(7), an elevation that shall correspond to the elevation of the one percent (1%) chance annual flood (base flood elevation
or BFE), plus any increased flood elevation due to floodway encroachment, plus any required freeboard. The flood protection elevation for Rexburg, Idaho is equal to BFE plus one foot
(1’) of freeboard; the freeboard accounts for any flood elevation increases due to floodway encroachment as shown in the community’s Flood Insurance Study.
"FLOOD INSURANCE RATE MAP (FIRM)" means the official map on which the Federal Insurance Administration has delineated both the areas of special flood hazards and the risk premium zones
applicable to the community.
"FLOOD INSURANCE STUDY" means the official report provided by the Federal Insurance Administration that includes flood profiles, the Flood Boundary Floodway Map, and the water surface
elevation of the base flood.
"FLOODWAY" means the channel of a river or other watercourse and the adjacent land areas that must be reserved in order to discharge the base flood without cumulatively increasing the
water surface elevation more than one foot.
"LOWEST FLOOR" means the lowest floor of the lowest enclosed are (including basement). An unfinished or flood resistant enclosure, usable solely for parking of vehicles, building access
or storage, in an area other than a basement area, is not considered a building's lowest floor, provided that such enclosure is not built so as to render the structure in violation
of the applicable non elevation design requirements of this ordinance found at SECTION V.II I: (2).
"MANUFACTURED HOME" MEANS A STRUCTURE, TRANSPORTABLE IN ONE OR MORE SECTIONS, WHICH IS BUILT ON A PERMANENT CHASSIS AND IS DESIGNED FOR USE WITH OR WITHOUT A PERMANENT FOUNDATION WHEN
CONNECTED TO THE REQUIRED UTILITIES. For flood plain management purposes the term "manufactured home" also includes park
trailers, travel trailers, and other similar vehicles placed on a site for greater than 180 consecutive days. For insurance purposes the term "manufactured home" does not include park
trailers, travel trailers, and other similar vehicles.
"MANUFACTURED HOME PARK OR SUBDIVISION" means a parcel (or contiguous parcels) of land divided into two or more manufactured home lots for rent or sale.
"NEW CONSTRUCTION" means structures for which the "start of construction” commenced on or after the effective date of this ordinance.
"RECREATIONAL VEHICLE" a vehicle that is:
Built on a single chassis,
400 square feet or less when measured at the largest horizontal projection,
Designed to be self-propelled or permanently towed by a light duty truck, and
Designed primarily not for use as a permanent dwelling but as temporary living quarters for recreational, camping, travel, or seasonal use.
"REGULATORY FLOODWAY" the channel of a river or other watercourse and the adjacent land areas that must be reserved in order to discharge the base flood without cumulatively increasing
the water surface elevation more than a designated height.
"START OF CONSTRUCTION" includes substantial improvement, and means the date the building permit was issued provided the actual start of construction, repair, reconstruction, placement
or other improvement was within 180 days of the permit date. The actual start means either the first placement of permanent construction of a structure on a site, such as the pouring
of slab or footings, the installation of piles, the construction of columns, or any work beyond the stage of excavation; or the placement of a manufactured home on a foundation. Permanent
construction does not include land preparation, such as clearing, grading and filling; nor does it include the installation of streets and/or walkways; no does it include excavation
for a basement, footings, piers, or foundation or the erection of temporary forms; nor does it include the installation on the property of accessory erection of temporary forms; nor
does it include the installation on the property of accessory buildings, such as garages or sheds not occupied as dwelling units or not part of the main structure.
"STRUCTURE" means a walled and roofed building including a gas or liquid storage tank that is principally above ground.
"SUBSTANTIAL DAMAGE" damage of any origin sustained by a structure whereby the cost of restoring the structure to its before-damaged condition would equal or exceed 50 percent of its
market value before the damage occurred.
“SUBSTANTIAL IMPROVEMENT” means any repair, reconstruction, or improvement of a structure, the cost of which equals or exceeds 50 percent of the market value of the structure either:
before the improvement or repair is started, or
If the structure has been damaged and is being restored, before the damage occurred.
For the purpose of this definition “substantial improvement" is considered to occur when the first alteration of any wall, ceiling, floor, or other structural part of the building commences,
whether or not that alteration affects the external dimensions of the structure. The term does not, however, include either:
any project for improvement of a structure to comply with existing state or local health, sanitary, or safety code specifications which are solely necessary to assure saving living conditions,
or
any alteration of a structure listed on the National Register of Historic Places or a State Inventory of Historic Places.
"VARIANCE" means a grant of relief from the requirements of this ordinance which permits construction in a manner that would otherwise be prohibited by this ordinance. (Ord. 1129 §2.0,
2015).
15.09.060 Lands to which this chapter applies
This ordinance shall apply to all areas of special flood hazards within the jurisdiction of the city of Rexburg. (Ord.1129 §3.1, 2015).
15.09.070 Basis for establishing the areas of special flood hazard
The areas of special flood hazard identified by the Federal Insurance Administration in a scientific and engineering report entitled "The Flood Insurance Study for Madison County and
its incorporated cities," dated January 17, 1990, as amended with accompanying Flood Insurance Maps is hereby adopted by reference and declared to be a part of this chapter. The Flood
Insurance Study is on file at the City Clerk's office, City Building, 35 North 1st East, Rexburg, Idaho. (Ord. 1129 §3.2, 2015).
15.09.080 Penalties for noncompliance
No structure or land shall hereafter be constructed, located, extended, converted, or altered without full compliance with the terms of this ordinance and other applicable regulations.
Violation of the provisions of this ordinance by failure to comply with any of its requirements (including violations of conditions and safeguards established in connection with conditions)
shall constitute a misdemeanor. Any person who requirements shall upon conviction thereof be fined not more than $300 or imprisoned for not more that 180 days, or both, for each violation,
and in addition shall pay all costs and expenses involved in the case. Nothing herein contained shall prevent the City of Rexburg from taking such other lawful action as is necessary
to prevent or remedy any violations. (Ord. 1129 §3.3, 2015).
15.09.090 Abrogation and greater restrictions
This ordinance is not intended to repeal, abrogate, or impair any existing easements, covenants, or deed restrictions. However, where this ordinance and another ordinance, easement,
covenant, or deed restriction conflict or overlap, which ever imposes the more stringent restrictions shall prevail. (Ord. 1129 §3.4, 2015).
15.09.100 Interpretation
In the interpretation and application of this ordinance, all provisions shall be:
(1) Considered as minimum requirements;
(2) Liberally construed in favor of the governing body; and,
(3) Deemed neither to limit nor repeal any other powers granted under State Statutes.
(Ord. 1129 §3.5, 2015).
15.09.110 Warning and disclaimer of liability
The degree of flood protection required by this ordinance is considered reasonable for regulatory purposes and is based on scientific and engineering considerations. Larger floods can
and will occur on rare occasions. Flood heights may be increased by man made or natural causes. This ordinance does not imply that land outside the areas of special flood hazards
or uses permitted within such areas will be free from flooding or flood damages. This ordinance shall not create liability on the part of the City of Rexburg, any officer or employee
thereof, or the Federal Insurance Administration, for any flood damages that result from reliance on this ordinance or any administrative decision lawfully made hereunder. (Ord. 1129
§3.6, 2015).
15.09.120 Development permit required
A development permit shall be obtained before construction or development begins with any area of special flood hazard established in SECTION III.II: The permit shall be for all structures
including manufactured homes, as set forth in the "DEFINITIONS," and for all development including fill and other activities, also as set forth in the "DEFINITIONS." (Ord. 1129 §4.1-1,
2015).
15.09.130 Application for development permit
Application for a development permit shall be made on forms furnished by the City Clerk and/or City Building Inspector and may include but not be limited to; plans in duplicate drawn
to scale showing the nature, location, dimensions, and elevations of the area in question; existing or proposed structures, fill storage of materials, drainage facilities, and the location
of the foregoing. Specifically, the following information is required.
Elevation in a relation to men sea level, of the lowest floor (including Basement) of all structures;
Elevation in relation to mean sea level to which any structure has been flood proofed;
Certification by a registered professional engineer or architect that the flood proofing methods for any nonresidential structure meet the floodproofing criteria in SECTION V.II-II;
and
Description of the extent to which a watercourse will be altered or relocated as a result of proposed development. (Ord. 1129 §4.1-2, 2015)
15.09.140 Designation of the city building inspector as administrator
The City Building Official is hereby appointed to administer and implement this ordinance by granting or denying development permit applications in accordance with its provisions.
(Ord. 1129 §4.2, 2015).
15.09.150 Duties and responsibilities of the city building inspector
For additional information on this section please see Ord. 1129 §4.3, 2015.
15.09.160 Variance procedures – Appeals board
For additional information on this section please see Ord. 1129 §4.4-1, 2015.
15.09.170 Conditions for variances
For additional information on this section please see Ord. 1129 §4.4-2, 2015.
15.09.180 Provisions for flood hazard reduction – General standards
For additional information on this section please see Ord. 1129 §5.1, 2015.
15.09.181 Anchoring
All new construction and substantial improvements shall be anchored to prevent flotation, collapse, or lateral movement of the structure.
All manufactured homes must likewise be anchored to prevent flotation, collapse or lateral movement, and shall be installed using methods and practices that minimize flood damage. Anchoring
methods may include, but are not limited to; use of over the top or frame ties to ground anchors (Reference FEMA's "Manufactured Home Installation in Flood Hazard Areas" guidebook for
additional techniques).
Ord. 1129 §5.1-1, 2015
15.09.182 Construction Materials And Methods
All new construction and substantial improvements shall be constructed with materials and utility equipment resistant to flood damage.
All new construction and substantial improvements shall be constructed using methods and practices that minimize flood damage.
Electrical, heating, ventilation, plumbing, and air conditioning equipment and other service facilities shall be designed and/or otherwise elevated or located so as to prevent water
from entering or accumulating within the components during conditions of flooding. Ord. 1129 §5.1-2, 2015.
15.09.183 Utilities
All new and replacement water supply systems shall be designed to minimize or eliminate infiltration of flood waters into the system;
New and replacement sanitary sewage systems shall be designed to minimize or eliminate infiltration of flood waters into the systems and discharge from the systems into flood waters;
and
On site waste disposal systems shall be located to avoid impairment to them or contamination from them during flooding. Ord. 1129 §5.1-3, 2015.
15.09.184 Subdivision Proposals
All subdivision proposals shall be consistent with the need to minimize flood damage;
All subdivision proposals shall have public utilities and facilities such as sewer, gas, electrical, and water systems located and constructed to minimize flood damage;
All subdivision proposals shall have adequate drainage provided to reduce exposure to flood damage; and,
Where base flood elevation data has not been provided or is not available from another authoritative source, it shall be generated for subdivision proposals and other proposed developments
which contain at least 50 lots or 5 acres (whichever is less). Ord. 1129 §5.1-4, 2015.
15.09.185 Review Of Building Permits Where elevation data is not available either through the Flood Insurance Study or from another authoritative source SECTION IV.III-II, Applications
for building permits shall be reviewed to assure that proposed construction will be reasonably safe from flooding. The test of reasonableness is a local judgment and includes use of
historical data, high water marks, photographs of past flooding, etc., where available. Failure to elevate at least two feet above grade in these zones may result in higher insurance
rates. Ord. 1129 §5.1-5, 2015.
15.09.190 Specific standards
For additional information on this section please see Ord. 1129 §5.2, 2015.
15.09.191 Residential Construction
New construction and substantial improvement of any residential structure shall have the lowest floor, including basement, elevated to or above the flood protection elevation.
Fully enclosed areas below the lowest floor that are subject to flooding are prohibited, or shall be designed to automatically equalize hydrostatic flood forces on exterior walls by
allowing for the entry and exit of floodwaters. Designs for meeting this requirement must either be certified by a registered professional engineer or architect or must meet or exceed
the following minimum criteria:
A minimum of two openings having a total net area of not less than one square inch for every square foot of enclosed area subject to flooding shall be provided.
The bottom of all openings shall be no higher than one foot above grade.
Openings may be equipped with screens, louvers, or other coverings or
devices provided that they permit the automatic entry and exit of floodwaters.
Ord. 1129 §5.2-1, 2015
15.09.192 Nonresidential Construction New construction and substantial improvement of any commercial, industrial or other nonresidential structure shall either have the lowest floor,
including basement, elevated to the level of the flood protection elevation; or, together with attendant utility and sanitary facilities, shall:
be floodproofed so that below the base flood level the structure is watertight with
walls substantially impermeable to the passage of water;
have structural components capable of resisting hydrostatic and hydrodynamic loads and effects of buoyancy;
Be certified by a registered professional engineer or architect that the design and methods of construction are in accordance with accepted standards of practice for meeting provisions
of this subsection based on their development and/or review of the structural design, specifications and plans. Such certifications shall be provided to the official as set forth in
SECTION IV.III-III: (2).
Nonresidential structures that are elevated, not floodproofed, must meet the same standards for space below the lowest floor as described in SECTION V.II I: (2).
Applicants floodproofing nonresidential buildings shall be notified that flood insurance premiums will be rated as one foot below that level (e.g. a building constructed to the base
flood level will be rated as one foot below that level). Ord. 1129 §5.2-2, 2015.
15.09.193 Manufactured Homes All manufactured homes to be placed or substantially improved with Zones AH and AE shall be elevated on a permanent foundation such that the lowest floor
of the manufactured home is at or above the base flood elevation and be securely anchored to an adequately anchored foundation system in accordance with the provisions of subsection
SECTION V.I I: (2). Ord. 1129 §5.2-3, 2015.
15.09.201 All Development (residential/nonresidential) needs to have the first
floor elevated at or above the Flood Protection Elevation (FPE). Ord. 1129 §5.3, 2015.
15.09.202 Recreational Vehicles. Federal Code 60.3(c) (14) as follows:
1. Require that recreational vehicles placed on sites within Zones AH and AE on the community's FIRM either
(i) Be on the site for fewer than 180 consecutive days,
(ii) Be fully licensed and ready for highway use, or
The recreational vehicle must meet all the requirements for “New Construction,” including the anchoring and elevation requirements found in §V-I-I and §V-II-I of this ordinance.
2. A recreational vehicle is ready for highway use if it is on its wheels or jacking system, is attached to the site only by quick disconnect type utilities and security devices, and
has no permanently attached additions. Ord. 1129 §5.3-1, 2015.
15.09.203 Floodways Located within areas of special flood hazard established in SECTION III.II:
areas designated as floodways. Since the floodway is an extremely hazardous area due to the velocity of flood waters which carry debris, potential projectiles, and erosion potential,
the following provisions apply:
Prohibit encroachments, including fill, new construction, substantial improvements, and other development unless certification by a registered professional engineer or architect is provided
demonstrating that encroachments shall not result in any increase in flood levels during the occurrence of the base flood discharge. Ord. 1129 §5.4, 2015.
CHAPTER 15.10 COMMERICAL BUILDING DESIGN STANDARDS
All commercial establishments are to follow the Commercial Design Standards. (Ord. 1026, 2009)
TITLE 16 ZONING
Title 16 together with the City of Rexburg Development Code sets forth the residential, commercial and other zoning regulations. They also describe impact area, parking, land use, and
enforcement policies relating to the City’s zoning regulations.
For statutory provisions authorizing cities to pass zoning ordinances, create zoning commissions and enforce compliance with zoning laws, see Idaho Code Ch. 50-12.
CHAPTER 16.01 DEVELOPMENT CODE
16.01.010 Adoption
Enacting a development code for the city of Rexburg, dividing the city into districts in accordance with the revised comprehensive plan; regulating and restricting the height, number
of stories, size of buildings and other structures and objects, the percentage of lot that may be occupied by structures, the size of yards and other open spaces, the density of population,
location and use of buildings, structures and land for trade, commerce, industry, residence and other purposes. (Ord. 1115, 2014). Amending Ord. 1026.
For the City of Rexburg Development Code Ord. No. 1115 go to www.rexburg.org or contact City Hall.
CHAPTER 16.02 DEVELOPMENT IMPACT FEE
16.02.010 Title and purpose
The provisions of this ordinance shall be known as the "City of Rexburg Development Impact Fee Ordinance." The purpose of these regulations is to prescribe the procedure whereby developers
of land shall pay an impact fee as set forth in this Ordinance for the purpose of providing the public facilities and system improvements needed to serve future residents and users
of such development. (Ord. 896 §1(part), 2003).
16.02.020 Definitions
For additional information on this section please see Ord. 896 §1(part), 2003.
16.02.023 “Developer Parking Option” for apartment complexes:
Development Code; Chapter 5, Section 5.5 Sub-Section 1.2 “Developer Option” Parking ratio’s for apartment complexes may be 80% at 9’ x 16’ spaces and 20% may be 9’ x 20’ spaces. (See
Pedestrian Emphasis Zone (PEZ) for additional 9’ x 20’ visitor parking requirements.) (Ord. 1064 §1, 2011)
16.02.030 Exemptions
For additional information on this section please see Ord. 896 §2, 2003.
16.02.040 Collection of impact fees
For additional information please see Ord. 896 §4, 2003.
16.20.050 Calculation of impact fees
For additional information on this section please see Ord. 896 §5, 2003.
16.02.060 General methodology for calculation
For additional information on this section please see Ord. 896 §6, 2003.
16.02.070 Credits and reimbursements
For additional information on this section please see Ord. 896 §8, 2003.
16.02.080 Administration of impact fees
For additional information on this section please see Ord. 896 §7, 2003.
16.02.090 Refunds
For additional information on this section please see Ord. 896 §9, 2003.
16.02.100 Appeals
For additional information on this section please see Ord. 896 §10, 2003.
16.02.110 Extraordinary impacts
For additional information on this section please see Ord. 896 §11, 2003.
16.02.120 Bonding
Funds pledged toward retirement of bonds, revenue certificates, or other obligations of indebtedness for such projects may include impact fees and other city revenues as may be allocated
by the City Council. (Ord. 896 §13, 2003).
16.02.130 Capital improvement projects
The capital improvement projects to be financed by the impact fee are those as listed in the "Report,” incorporated herein by reference along with all footnotes, exhibits, appendices,
and other attachments referenced. (Ord. 896 §4, 2003).
16.02.140 Effect of impact fee on zoning and subdivision regulations
This Ordinance shall not affect, in any manner, the permissible use of property, density of development, design and improvement standards and requirements, or any other aspect of the
development of land or provision of capital improvements subject to the zoning and subdivision regulations or other regulations of the City, which shall be operative and remain in full
force and effect without limitation with respect to all such development. (Ord. 896 §14, 2003).
16.02.150 Development Impact Fee Report reference
“Development Impact Fee Report” dated July 30, 2003, along with all footnotes, exhibits, appendices, and other attachments referenced therein, all of which are by this reference incorporated
herein as if set forth fully. A description of acceptable levels of service for system improvements is described in the “Report.” (Ord. 896 §12, 2003).
16.02.160 Other powers and rights not affected
For more additional information please see Ord. 896 §15, 2003.
CHAPTER 16.03 COMPREHENSIVE PLAN
16.03.010 Adoption
There is hereby adopted as the official Comprehensive Plan of the City of Rexburg, Idaho, that certain plan titled as City of Rexburg Comprehensive Plan 2020 of which Plan not fewer
than three (3) copies have been and are now filed in the office of the City Clerk, and the same is adopted and incorporated as fully as if set forth at length herein. (Adopted by resolution).
CHAPTER 16.07 IMPACT AREA JOINT COMMISSION
16.07.010 Purpose
Pursuant to Idaho Code §67-6526, all cities and towns in Idaho must identify an Area of City Impact within the unincorporated area of the county in which they reside. The local governments
having Areas of City Impact falling entirely, or in part, within Madison County for purposes of this ordinance referred to as, “Local Governments” have prepared and adopted this ordinance
to:
Define the purpose and intent of Areas of City Impact within the County;
Define the procedures for expansion or realignment of Areas of City Impact within the County; and
Establish an Area of City Impact Joint Commission to evaluate proposed Areas of City Impact renegotiations. (Ord. 1012, §1, 2008).
16.07.020 Definitions
For additional information on this section please see Ord. 1012, §2, 2008.
16.07.030 Area of City Impact Delineation
For additional information on this section please see Ord. 1012, §3, 2008.
16.07.040 Establishment of an Area of City Impact Joint Commission
For additional information on this section please see Ord. 1012, §4, 2008.
16.07.050 Area of City Impact Renegotiation
For additional information on this section please see Ord. 1012, §5, 2008.
16.07.060 Annexation
For additional information on this section please see Ord. 1012, §6, 2008.
16.07.070 Dispute Resolution Process
In the event that the Joint Commission cannot agree on realignment of an Area of City Impact boundary, disputes shall be resolved according to the dispute resolution process outlined
in Idaho Code §67-6526. (Ord. 1012, §7, 2008).
CHAPTER 16.09 SUBDIVISION REGULATIONS
*Note to Chapter 16.08: For statutory provisions related to the development of planning commissions by cities, see Idaho Code Ch. 50-11; for provisions concerning plats and vacations,
see Idaho Code Ch. 50-13.
16.09.010 Ordinance adopted
That certain document dated June 6, 1984, known as the "Rexburg Subdivision Ordinance," is adopted as the subdivision ordinance of the city, authorized by Title 50, Chapter 13 and Title
67, Chapter 65 of the Idaho Code, as amended or subsequently codified and Article 12, Section 2 of the Idaho Constitution. The purpose of this chapter is to promote the public health,
safety, and general welfare. (Ord. 658 §2, 1984).
16.09.020 Copies on file
There has been on file, and there shall hereafter be kept on file, in the office of the city clerk, three copies of the Rexburg subdivision ordinance, duly certified by the clerk, for
use and examination by the public. (Ord. 658 §3, 1984).
CHAPTER 16.10 URBAN RENEWAL
16.10.010 Urban renewal agency
On or about the 6th day of November, 1991, by Council Resolution, the Council and Mayor of Rexburg created an urban renewal agency, the Rexburg Redevelopment Agency (the “Agency”), authorizing
it to transaction business and exercise the powers granted by the
Idaho Urban Renewal Law of 1965, being Idaho Code, Title 50, Chapter 20, as amended (the “Law”), and the Local Economic Development Act, the same being Idaho Code, Title 50, Chapter
29, as amended (the “Act”), upon making the findings of necessity required for creating said Urban Renewal Agency (Ord. 910(part), 2003).
16.10.020 North Highway
For the City of Rexburg North Highway Urban Renewal Plan Ord. No. 728 and 815 go to www.rexburg.org or contact City Hall.
For the City of Rexburg North Highway Urban Renewal Plan, 2nd East expansion Ord. No. 950 go to www.rexburg.org or contact City Hall.
16.10.030 Washington School
For the City of Rexburg Washington School Urban Renewal Plan Ord. No. 794 go to www.rexburg.org or contact City Hall.
16.10.040 Downtown District Redevelopment Plan
For the City of Rexburg Downtown District Redevelopment Plan Ord. No. 910 go to www.rexburg.org or contact City Hall.
16.10.050 South Arterial Urban Renewal Plan
For the City of Rexburg South Arterial Redevelopment Plan Ord. No. 996 go to www.rexburg.org or contact City Hall.
16.10.060 The North Interchange Urban Renewal Project
For the City of Rexburg North Interchange Redevelopment Plan Ord. No. 1134 go to www.rexburg.org or contact City Hall.
GENERAL INDEX
A
ACCESS TO STREETS, ALLEYS AND PUBLIC SIDEWALKS
Clearance for pedestrian passage, §12.05.060 186
Liability insurance – Required, §12.05.050 186
Obstruction unlawful, §12.05.010 186
Public use of sidewalk - Restricted, §12.05.020 186
Public use of sidewalks – Exceptions, §12.05.040 186
Selling, displaying or advertising of merchandise – Restricted, §12.05.030 186
Violation – Penalty, §12.05.070 186
AIRPORT BOARD (JOINT CITY/COUNTY)
Appointment, §4.12.020 49
Bylaws, §4.12.050 50
Compensation, §4.12.030 50
Purpose, §4.12.010 49
Vacancies, §4.12.040 50
APARTMENTS
Application – Issuance procedure, §6.04.030 79
Business – Change of ownership, §6.04.080 80
Definitions, § 6.04.010 78
Fee – Schedule, §6.04.040 79
Fees – Refund, §6.04.050 80
Interpretation of provisions – Unlawful business, §6.04.090 80
Non-parking agreements, §6.04.130 81
Owner responsibility, §6.04.140 81
Parking space management, §6.04.110 80
Parking space restrictions, §6.04.120 81
Penalties, §6.04.150 81
Residential rental -- Registration required, §6.04.020 79
Right to refuse or revoke registration, §6.04.100 80
Separate Registration Required, §6.04.070 80
Term – Proration, §6.04.060 80
APPOINTIVE OFFICERS
Oaths of office, §2.03.020 20
Table of departments and heads, §2.03.010 20
ARTS FEE ON CAPITAL IMPROVEMENT PROJECTS
Administrative responsibilities, §5.02.040 54
Definitions, §5.02.020 53
General requirements for art, §5.02.030 53
Purpose, §5.02.010 53
Source of funds, §5.02.050 54
B
B-B GUNS See 9.02.010
BEER SALES
Application – Fees, §6.03.090 76
Application – Information required, §6.03.080 76
Definitions, §6.03.010 74
Denial or revocation of license authorization, §6.03.120 77
Employees – Health certificate requirements, §6.03.130 77
Hours when sales prohibited, §6.03.150 77
Issuance conditions generally – County license prerequisite, §6.03.030 74
Issuance prohibited to food stores or general merchandise businesses – Exceptions, §6.03.070 75
Issuance prohibited to nonresidents, §6.03.040 75
Issuance prohibited to premises in certain locations, §6.03.060 75
Issuance prohibited to premises lacking direct access to public street, §6.03.050 75
License requirements, §6.03.020 74
Licensing year, §6.03.100 77
Posting of license required, §6.03.110 77
Premises to be sanitary and orderly, §6.03.140 77
Violation – Penalty, §6.03.160 78
BICYCLES
Prohibited on sidewalks, §10.11.010 167
Speed restrictions, §10.11.020 167
Violation – Penalty, §10.11.030 167, 168, 169, 170
BUILDING CODE
Amendments, §15.01.020 228
Fees, §15.01.030 228
Severability, §15.01.040 229
Uniform Building Code adopted by reference – Copies on file, §15.01.010 228
Violation – Penalty, §15.01.050 229
BUILDINGS, DENSITY OF POPULATION See 16.01.010
BUILDINGS, HEIGHT OF See 16.01.010
BUILDINGS, LOCATION See 16.01.010
BUILDINGS, NUMBER OF STORIES See 16.01.010
BUILDINGS, SIZE OF See 16.01.010
BUILDINGS, USE OF See 16.01.010
BUSINESS LICENSES
Administrative appeals, §6.01.080 64, 65
Alternative methods, §6.01.140 66
Application, §6.01.060 64
Definitions, §6.01.020 62
Duty to issue, §6.01.110 66
Fake repairs prohibited, §6.01.150 67
Fee payment required, §6.01.050 64
Fire extinguishers, §6.01.120 66
Inspections, §6.01.130 66
License fees, §6.01.040 63, 64
Number limitations, §6.01.100 65
Recordkeeping, §6.01.090 65
Scope, §6.01.010 62
Term of license, §6.01.070 64, 65
Types of fees, §6.01.030 63
Violation – Penalty, §6.01.160 67
C
CANARIES See 7.03.010
CAPITAL IMPROVEMENTS FUND
Disposition and expenditure of collected funds, §5.01.020 53
Tax levy - Restrictions, §5.01.010 53
CEMETERY
Administration, §1.08.010 8
CHICKENS See 7.03.020
CHIEF OF EMERGENCY SERVICES
Assistant Chiefs of Emergency Services, §2.03.110 24
One person, §2.03.090 23
Powers and duties, §2.03.100 23
CHIEF OF POLICE
Appointment, §2.03.140 27
Powers and duties, §2.03.150 27
CITY ATTORNEY
Appointment, §2.03.120 25
Powers and duties, §2.03.130 25
CITY CLERK
Appointment, §2.03.070 22
One person, §2.03.060 22
Powers and duties, §2.03.080 22
CITY COUNCIL
Agenda, §2.02.040 14
Boards, commissions and committees, §2.02.140 18
Change in number of Council Members, §2.02.230 19
Classifications of bills, ordinances and resolutions, §2.02.130 17
Council member salary, §2.02.160 18
Duty to vote, §2.02.120 17
Examination of accounts of fiscal officers, §2.02.240 20
Executive session, §2.02.030 13
Minutes, §2.02.050 14
Physical presence, §2.02.110 17
Powers of the Council, §2.02.220 19
President of the Council, election of, §2.02.190 18
President of the council, election of, §2.02.20. 18
Presiding officer, §2.02.060 14
Procedural motions, §2.02.080 15
Qualifications to hold the office of city Council Member, §2.02.170 18
Reading of bills and resolutions, §2.02.140 17
Regular meetings - Time and place, §2.02.010 12
Renewal of a motion, §2.02.100 17
Special meetings - Procedure, §2.02.020 13
Substantive motions, §2.02.070 15
Term of office for city council members, §2.02.180. 18
Unresolved questions, §2.02.150 18
Vacancies on the Council and appointment to the Council, §2.02.210 18
Withdrawal of a motion, §2.02.090 17
CITY COUNCIL QUORUM See 2.02.010
CITY LIMITS See 1.03.010
CITY RIGHT OF WAY
Responsibility of adjacent property owners See 8.08.050
CITY SEAL
Previous City Seal, §1.06.020 7
Redesigned City Seal and Logotype, §1.06.030 7
Use of City Seal, §1.06.010 and 2.03.080 7
CITY TREASURER
Appointment of Director, §2.03.040 21
One person, §2.03.030 21
Powers and duties, §2.03.050 21
CLEAN AIR – BOWLING ALLEYS
Owner responsibilities, §8.10.030 128
Prohibitions, §8.10.020 128
Purpose, §8.10.010 127
Violation – Penalty, §8.10.040 128
CODE ADOPTION
Code not to affect prior offenses, rights, etc., §1.01.060 2
Construction, §1.01.040 1
Definitions and interpretations of terms, §1.01.010 1
Grammatical interpretation of terms, §1.01.020 1
Prohibited acts include causing, permitting or concealing, §1.01.030 1
Repeal shall not revive any ordinances, §1.01.050 2
COIN OPERATED DEVICES
Application for license, §6.07.030 87
Definitions, §6.07.010 86
Hours when use prohibited, §6.07.090 89
Issuance of license, §6.07.050 88
License fees, §6.07.040 87
License required, §6.07.020 87
Premises, §6.07.060 88
Revocation and cancellation of licenses, §6.07.080 89
Subsitute licenses, §6.07.070 88
Violation – Penalty, §6.07.100 89
COMPOST PILES See 8.02.110
COMPREHENSIVE PLAN
Adoption, §16.03.010 249
D
DEAD ANIMALS
City marshal – Authority to bury dead animals, §7.05.020 108
Removal or burial requirements, §7.05.010 108
Violation – Penalty, §7.05.030 108
Department Heads See 2.03.010
DEPARTMENT OF EMERGENCY SERVICES
Building inspections, §3.03.040 33
Drills, §3.03.030 33
Firemen, §3.03.020 32
Organization, §3.03.010 32
DEPARTMENT OF FINANCIAL MANAGEMENT
Department established, §3.01.010 30
Departmental functions, §3.01.020 30
Divisions, §3.01.030 30
DEPARTMENT OF GEOGRAPHICAL INFORMATION SYSTEMS
Department established, §3.07.010 38
DEPARTMENT OF PUBLIC WORKS
Department established, §3.06.010 35
Division of Streets Department, §3.06.020 35
Engineering Department, §3.06.060 37
Planning and Zoning Department, §3.06.080 38
Sanitation Department, §3.06.040 36
Shop Department, §3.06.050 37
Wastewater Department, §3.06.030 36
Water Department, §3.06.070 37
DEPOSITORIES
Depositories designated, §1.10.010 8
DEVELOPMENT CODE
Adoption, §16.01.010 247
DEVELOPMENT IMPACT FEE
Administration of impact fees, §16.02.080 248
Appeals, §16.02.100 248
Bonding, §16.02.120 248
Calculation of impact fees, §16.02.050 248
Captal improvement projects, §16.02.130 248
Collection of impact fees, §16.02.040 248
Credits and reimbursements, §16.02.070 248
Definitions, §16.02.020 247
Development Impact Fee Report reference, §16.02.150 249
Effect of impact fee on zoning and subdivision regulations, §16.02.140 249
Exemptions, §16.02.030 248
Extraordinary impacts, §16.02.110 248
General methodology for calculation, §16.02.060 248
Other powers and rights not affected, §16.02.150 249
Refunds, §16.02.090 248
Title and purpose, §16.02.010 247
DISTURBING THE PEACE See 7.02.060
DOGS
Abandonment of animals, §7.02.120 105
Amount of license, §7.02.020 104
Cruelty prohibited, §7.02.100 105
Definition of owner, §7.02.130 105
Disturbing the peace, §7.02.060 104
Issuance of license, §7.02.030 104
Leash requirements – Feces disposal – Exception, §7.02.090 105
Licensing of dogs, §7.02.010 104
Metal tag requirement, §7.02.040 104
Public disposition of animals, §7.02.110 105
Repealing ordinances, §7.02.150 106
Running at large exception, §7.02.080 105
Running at large restrictions, §7.02.070 105
Unlicensed dogs – Impoundment, §7.02.050 104
Violation – Penalty, §7.02.140 106
DOGS – LICENSE REQUIREMENTS
Citation – In lieu of impoundment, §7.04.120 107
Citation – Issuance, §7.04.130 108
Destruction of dogs, §7.04.160 108
Impoundment – Duties of Policemen and Poundmaster, §7.04.090 107
Impoundment and redemption of unlicensed dogs, §7.04.110 107
Notice of impoundment and redemption of licensed dogs, §7.04.100 107
Rabies – Destruction, §7.04.150 108
Rabies – Quarantine, §7.04.140 108
Unlawful to interfere with seizure or destruction of dogs, §7.04.170 108
DOWNTOWN VISION COMMITTEE
Appointment, §4.04.020 44
Bylaws, §4.04.050 45
Compensation, §4.04.030 45
Purpose, §4.04.010 44
Vacancies, §4.04.040 45
E
ELECTION
Election poll hours, §1.04.0330 7
Election precincts, §1.04.010 4
Election precincts, §1.04.020 4
ELECTRICAL CODE
Copies on file, §15.04.020 231
Electrical code adopted by reference, §15.04.010 231
ENFORCEMENT
Accident investigation duties, §10.03.060 141
Annual traffic report required, §10.03.080 142
Applicability of State law, §10.03.010 140
Authority to regulate traffic movement, §10.03.100 142
Authorized emergency vehicles, §10.03.130 143
Driving under the influence, §10.03.150 143
Excessive violations, §10.03.070 142
Exemption of persons and equipment working on streets, §10.03.120 142
Funeral processions, §10.03.090 142
Negligent driving, §10.03.170 144
Obedience by police officers, §10.03.040 141
Obedience to police officers, §10.03.030 141
Persons riding or driving animal – drawn vehicle, §10.03.140 143
Play streets – Police chief authority to designate, §10.03.110 142
Reckless driving, §10.03.160 143
Traffic record requirements, §10.03.050 141
Traffic regulations, §10.03.020 140
EXCAVATIONS
Asphalt repairs – Completion time, §15.03.080 230
Asphalt repairs – Performed by city when – Costs, §15.03.090 231
Backfiling and asphalt repairs – Specifications – Permittee responsibility, §15.03.060 230
Permit – Application – Notice of commencement of work, §15.03.030 230
Permit – Bond, §15.03.040 230
Permit – Insurance required, §15.03.050 230
Permit – Required – Recordkeeping, §15.03.020 229
Precautions to prevent injury required – Penalty for failure to provide, §15.03.100 231
Safeguarding and maintenance responsibility, §15.03.070 230
Standards applicable, §15.03.010 229
Violation deemed misdemeanor, §15.03.110 231
EXPLOSIVES
Firecrackers, torpedoes, firearms, air guns, pneumatic gun, spring gun, B-B guns, rockets, grenades, molotov cocktails, artillery projectiles, pistols, catapult, flippers, ice bombs,
pipe bombs and black powder bombs See 9.02.010
F
FIRE DEPARTMENT LOCK BOX
Purpose, §15.08.010 243
FIRE EXTINGUISHERS See 6.01.120
FIRECRACKERS See 9.02.010
FIRES, RECREATIONAL See 8.02.120
FIREWORKS
Discharge prohibitions - Exceptions, §8.04.040 117
Purpose and intent of provisions, §8.04.010 116
Restrictions on possession, §8.04.050 117
State Fireworks Law – Adopted by reference, §8.04.020 117
State Fireworks Law – Copies filed for public examination, §8.04.030 117
Violation – Penalty, §8.04.060 117
FISH See 7.03.010
FLOOD DAMAGE PREVENTION
Abrogation and greater restrictions, §15.09.090 245
Application for development permit, §15.09.130 245
Basis for establishing the areas of special flood hazard, §15.09.070 244
Conditions for variances, §15.09.170 246
Definitions, §15.09.050 244
Designation of the city building inspector as administrator, §15.09.140 246
Development permit required, §15.09.120 245
Duties and responsibilities of the city building inspector, §15.09.150 246
Findings of fact, §15.09.020 243
Floodways, §15.09.203 246
Interpretation, §15.09.100 245
Lands to which this chapter applies, §15.09.060 244
Methods of reducing flood losses, §15.09.040 244
Penalties for noncompliance, §15.09.080 244
Provisions for flood hazard reduction – General standards, §15.09.180 246
Specific standards, §15.09.190 246
Statement of purpose, §15.09.030 244
Statutory authorization, §15.09.010 243
Variance procedures – Appeals board, §15.09.160 246
Warning and disclaimer of liability, §15.09.110 245
FOWL See 7.03.010
G
GAMBLING
Enforcement, §9.05.020 137
Gambling prohibited, §9.05.010 137
GARBAGE AND REFUSE COLLECTION AND DISPOSAL
Additional rules and regulations authorized, §8.02.230 114
Applicability – Scope, §8.02.020 111
Approved containers – Required for collection by city, §8.02.080 112
Blocking access to containers prohibited, §8.02.280 115
Certain materials not collected – Responsibility for disposal, §8.02.140 113
Charges for collection service, §8.02.320 115
Collection and storage, §8.02.300 115
Collection system – Use required – Exceptions, §8.02.040 111
Compost pile permissions, §8.02.110 112
Definitions and interpretation of terms, §8.02.030 111
Disposal vehicles – Equipment and operation, §8.02.070 112
Disposing of solid waste on public or private property prohibited, §8.02.290 115
Failure to comply with chapter provisions deemed misdemeanor – Penalty, §8.02.240 114
Fees – Billing and payment procedures, §8.02.210 114
Fees, §8.02.220 114
Findings – Purpose of provisions, §8.02.010 110
Franchise for collection and disposal – Application – Investigation, §8.02.170 113
Inspection authority, §8.02.190 114
Leaves, clippings, brush and similar materials, §8.02.100 112
Licensing and contracting for collection and disposal, §8.02.180 114
Meddling with refuse containers prohibited, §8.02.150 113
Non recyclable garbage and refuse, §8.02.270 115
Placing burning material in container prohibited, §8.02.310 115
Refuse – Accumulation restrictions, §8.02.050 111
Refuse – Collection schedule – Placement of containers, §8.02.130 113
Refuse – Disposal in Madison County sanitary landfill required, §8.02.200 114
Refuse – Owner responsibility to remove – Deposit restrictions, §8.02.060 111
Refuse – Requirements for placement in approved containers, §8.02.090 112
Salvaging material from sanitary landfill prohibited – Exception, §8.02.160 113
Severability, §8.02.330 115
Trash burning and other outdoor fires, §8.02.120 113
Unauthorized depositing of refuse – Penalty, §8.02.260 114
Violation – Penalty, §8.02.340 115
Violation of chapter provisions – Citation and appearance requirements, §8.02.250 114
GAS INSTALLATIONS
Classifications of competency designated – Qualifications, §15.05.170 234
Construction, operation and maintenance facilities for transmission and distribution, §15.05.030 232
Definitions, §15.05.010 232
Gas installations in buildings, adoption of N.B.F.U. pamphlet No. 54 as Gas Code, §15.05.040 232
Gas production facilities, §15.05.020 232
Gasfitting contractor – Insurance prerequisite to licensing, §15.05.180 234
Inspection – By gas supplier, §15.05.140 234
Inspection – Certification, §15.05.130 233
Inspection – Istallations completed before passage of chapter provisions, §15.05.110 233
Inspection – Notification of readiness required – Reinspection fee, §15.05.120 233
Inspection – Requirements generally – Piping and pressure tests, §15.05.090 233
Inspector qualification and supervisory authority, §15.05.100 233
Installation work – Certification of competency required, §15.05.160 234
Installation work – License requirements, §15.05.190 234
Permit – Application – Information required, §15.05.070 232
Permit – Cost – Inspection fee, §15.05.080 233
Permit – Not required for certain work, §15.05.060 232
Permit - Required, §15.05.050 232
Restrictions for turning on gas, §15.05.150 234
Violation – Penalty, §15.05.200 235
GEESE See 7.03.020
GENERAL PROVISIONS
Applicability of provisions, §10.02.010 140
Noncompliance deemed misdemeanor, §10.02.020 140
Vehicle and traffic definitions, §10.02.030 140
GIS See 3.07.010
GOLDFISH See 7.03.010
GOLF BOARD (JOINT CITY/COUNTY)
Appointment, §4.11.020 49
Bylaws, §4.11.050 49
Compensation, §4.11.030 49
Purpose, §4.11.010 49
Vacancies, §4.11.040 49
H
HISTORICAL PRESERVATION COMMITTEE
Appointment, §4.03.030 42
Commission funding, §4.03.080 44
Compensation, §4.03.040 43
Definitions, §4.03.020 42
Organization, officers, rules, meetings, §4.03.060 43
Powers, duties, and responsibilities, §4.03.070 43
Purpose, §4.03.010 42
Special restrictions, §4.03.090 44
Vacancies, §4.03.050 43
HOUSE OF ILL-FAME
Enforcement, §9.04.020 136
Prostitution prohibited, 9.04.010 136
Violation – Penalty, §9.04.030 136
HOUSEHOLD PETS
Domestic fowls confinement, §7.03.030 106
Domestic fowls running at large, §7.03.020 106
Domestic fowls Violaton – Penalty, §7.03.040 106
Maximum pet restrictions, §7.03.010 106
I
IDAHO MOTOR VEHICLE LAWS
Intent of provisions, §10.01.010 139
State Motor Vehicle Laws – Adopted by reference, §10.01.020 139
State Motor Vehicle Laws – Copies on file for public use, §10.01.030 139
IMPOUNDMENT
Animals running at large – Prohibited, §7.04.030 107
Animals sold at auction – Moneys held in trust or paid to general fund, §7.04.070 107
Impounded animals – Notification for redemption of sale at public auction, §7.04.060 107
Impounded animals – Recordkeeping, §7.04.080 107
Pound – Location and specifications, §7.04.020 107
Poundkeeper designated duties, §7.04.050 107
Purpose, §7.04.010 106
Taking animals from pound or official custody prohibited, §7.04.040 107
Violation – Penalty, §7.04.060 108
INFRACTION See 1.02.010
INITIATIVE AND REFERENDUM
Submissions, §1.05.010 7
INSPECTIONS See 1.11.010
INTERMOUNTAIN GAS
Grant of franchise, §11.03.010 177, 178
Term, §11.03.020 178
INTERNATIONAL BUILDING CODE (I.B.C.) COMMITTEE
Appointment, §4.10.020 48
Bylaws, §4.10.050 48
Compensation, §4.10.030 48
Purpose, §4.10.010 48
Vacancies, §4.10.040 48
INTERNATIONAL FIRE CODE
International Fire Code adopted by reference, §15.07.010 236
INTOXICATING SUBSTANCES
Penalty, §8.07.070 121
Responsibility of other persons, §8.07.060 121
Sale, ingestion or inhalation of intoxicating chemicals prohibited, §8.07.050 120
J
JAYWALKING
Defenses, §8.09.050 127
Definitions, §8.09.020 127
Designating crossings, §8.09.040 127
Enforcement, §8.09.060 127
Purpose, §8.09.010 126
Unlawful crossing of public roadways, §8.09.030 127
Violation – Penalty, §8.09.070 127
JUVENILE CURFEW
Defenses, §9.03.060 135
Definitions, §9.03.020 134
Enforcement, §9.03.070 135
Juvenile curfew, §9.03.030 135
Parental violation of curfew hours, §9.03.040 135
Penalties, §9.03.080 135
Purpose, §9.03.010 134
Violation of curfew hours by business establishment, §9.03.050 135
L
LAND SURVEYING See 3.06.060
LIBRARY
Administration, §1.09.010 8
LITTERING
Deposits in public ways – Declared public nuisance – Penalty for failure to remove, §8.01.020 110
Deposits in public ways restrictions - Permit required for certain uses, §8.01.010 110
LIVESTOCK RESTRICTIONS
Driving stock off range restrictions, §7.01.030 103
Leading, riding or driving of animals on public grounds and in city parks, §7.01.010 103
Livestock at large prohibited, §7.01.020 103
Violation – Penalty of Section 7.01.030, §7.01.040 103
LOTS, OPEN AREA REQUIRED See 16.01.010
M
MACHINERY IN YARD, STORAGE OF See §8.06.030
MAYOR
CITY COUNCIL VOTE See 2.01.010
Duties of Mayor, §2.01.050 10
Mayor salary, §2.01.100 12
Messages to the Council, §2.01.090 12
Office of Mayor, §2.01.010 10
Police powers of Mayor, §2.01.070 12
Powers of Mayor, §2.01.060 11
Qualifications to hold the office of Mayor, §2.01.020 10
Special meetings of Council, calling, §2.01.080 12
Term of office, §2.01.040 10
Vacancy in the office of Mayor, §2.01.040 10
MAYOR’S YOUTH ADVISORY BOARD
Appointment, §4.05.020 45
Bylaws, §4.05.050 45
Compensation, §4.05.030 45
Purpose, §4.05.010 45
Vacancies, §4.05.040 45
METHAMPHETAMINE
Accessibility of methamphetamine precursor drugs, §8.07.030 120
Definitions, §8.07.010 119
Penalty, §8.07.040 120
Prohibited acts, §8.07.020 120
MISDEMEANOR See 1.02.020
MOBILE HOME – GENERAL PROVISIONS
Definitions, §14.01.020 216
Description and purpose of provisions, §14.01.010 216
MOBILE HOME – ZONING APPROVAL
Building permit and tentative approval, §14.05.010 221
Plot plans required, §14.05.020 221
MOBILE HOMES
Business license and fee requirements, §6.06.010 84
Display of license, §6.06.060 86
Improvement requirement to obtain a business license, §6.06.030 85
Licensing existing Mobile Home Parks, §6.06.020 84
Penalty of delinquency – new or renewal license fee, §6.06.040 86
Revocation of license, §6.06.070 86
Transfer of license, §6.06.050 86
MOBILE HOMES – CONDITIONS AND REGULATIONS
Access restrictions, §14.03.080 219
Density requirements, §14.03.010 218
Development of boundary lines, §14.03.030 218
Emergency sanitation facilities, §14.03.090 219
Minimum land area, §14.03.050 218
Permitted uses for Mobile Homes, §14.03.060 219
Service building requirements, §14.03.040 218
Setbacks from park boundary lines, §14.03.020 218
Sign regulations, §14.03.070 219
Skirting, §14.03.110 219
Structures, alterations, and additions, §14.03.100 219
MOBILE HOMES AND TRAVEL TRAILERS – HEALTH, SANITATION, AND MAINTENANCE REQUIREMENTS
Approval for incinerator construction, §14.09.040 226
Authorized personnel for incinerator use, §14.09.050 226
Communicable or contagious disease procedures, §14.09.080 226
Fire protection requirements, §14.09.070 226
Incinerator restrictions, §14.09.060 226
Insect and rodent control, §14.09.100 227
Liquefied petroleum gas restrictions, §14.09.110 227
Pet restrictions, §14.09.090 226
Refuse collection, §14.09.030 225
Refuse containers, §14.09.020 225
Refuse management intent, §14.09.010 225
Service buildings, §14.09.120 227
MOBILE HOMES AND TRAVEL TRAILERS – IMPROVEMENT REQUIREMENTS
Accessway and walkway lighting, §14.08.030 224
Drainage requirements, §14.08.060 224
Fenced storage area, §14.08.090 225
Laundry room facilities, §14.08.080 225
Mail delivery facilities, §14.08.100 225
Mobile home stand surfacing, §14.08.050 224
Patios and decks, §14.08.020 224
Public telephones, §14.08.070 225
Roadway surfacing, §14.08.010 224
Wiring to be underground, §14.08.040 224
MOBILE HOMES AND TRAVEL TRAILERS – LOCATION, PARKING, AND STORAGE RESCTRICTIONS
Location in Mobile Home Parks required, §14.02.010 216
Mobile Home Park auxiliary storage buildings, §14.02.090 217
Parking and storage of unoccupied Mobile Homes, Trailers or Travel Trailers, §14.02.060 217
Parking space provided for Travel Trailer Parks, §14.02.080 217
Parking space requirements for Mobile Homes, §14.02.070 217
Permit for temporary parking on private premises, §14.02.050 217
Travel Trailer patio and storage, §14.02.100 218
Travel trailer stands, §14.02.040 217
Wheel removal permissions, §14.02.030 216
Wheel removal restrictions, §14.02.020 216
MOBILE HOMES AND TRAVEL TRAILERS – REGISTRATION OF OCCUPANTS
Register of mobile homes, trailers, and occupants, §14.24.010 220
MOBILE HOMES AND TRAVEL TRAILERS – SITE REQUIREMENTS
Access ways, §14.06.010 221
Electricity, §14.06.040 222
Recreation area, §14.06.030 222
Sewage disposal, §14.06.050 222
Walkways, §14.06.020 221
Water supply accessibility, §14.06.060 222
Water supply piping and maintenance, §14.06.070 222
MOBILE HOMES AND TRAVEL TRAILERS – SPACE REQUIREMENTS
Mobile home space area, §14.07.010 223
Outdoor living area, §14.07.020 224
Parking stand required, §14.07.040 224
Patio and deck restrictions, §14.07.030 224
Space required between mobile homes, §14.07.050 224
Travel trailer park spaces, §14.07.018 223
Travel trailer space area, §14.07.015 223
MOTORCYCLES
Helmet required, §10.12.020 169
Riding regulations, §10.12.010 168
MUNICIPAL AIRPORT
Aircraft – Parking location and procedure, §10.15.070 173
Aircraft – Repair restrictions, §10.15.080 173
Aircraft – Tie down and blocking requirements, §10.15.100 174
Aircraft fueling – Grounding requirements, §10.15.260 175
Aircraft fueling – Smoking prohibited, §10.15.240 175
Aircraft fueling restrictions, §10.15.250 175
Airport manager – Authority to suspend operations, §10.15.030 173
Automobile parking restrictions, §10.15.120 174
Cleanliness responsibilities, §10.15.270 175
Commercial privilege restrictions, §10.15.280 175
Conformity with Civil Aeronautics Board regulations required, §10.15.020 173
Fire and safety regulations – Generally, §10.15.210 175
Ground rules generally, §10.15.060 173
Keeping runway clear, §10.15.160 174
Landing area restrictions, §10.15.090 173
Landings and takeoffs – Safe distance requirements, §10.15.190 175
Landings and takeoffs – Wind conditions, §10.15.180 174
Material and equipment storage – Fire hazards prohibited, §10.15.230 175
Motor vehicles prohibited beyond building line – Exceptions, §10.15.110 174
Operations using welding or open flame restrictions, §10.15.220 175
Person defined, §10.15.010 172
Public safety requirements – Airport manager authority, §10.15.040 173
Rules and regulations – Responsibility of instructors and students, §10.15.050 173
Taxiing – Conformance with approved patterns required, §10.15.170 174
Taxiing – Restrictions generally, §10.15.130 174
Taxiing – Restrictions on vehicles without brakes, §10.15.150 174
Taxiing – Speed limitation, §10.15.140 174
Turns after takeoff restrictions, §10.15.200 175
Violation – Penalty, §10.15.290 175
MUNICIPAL AIRPORT – TRAFFIC UPON AIRPORT RUNWAYS AND TAXI AREAS
Violation – Penalty, §10.15.310 176
MUNICIPAL AIRPORT – TRAFFIC UPON AIRPORT RUNWAYS AND TAXI AREAS
Unlawful acts, §10.15.300 176
MUNICIPAL INFRACTION See 1.02.010
MUSEUM COMMITTEE
Appointment, §4.09.020 48
Bylaws, §4.09.050. 48
Compensation, §4.09.030 48
Purpose, §4.09.010 47
Vacancies, §4.09.040 48
N
NO PARKING ON STREETS
November through March See §10.10.050
NO PASSING ZONES See §10.03.100
NOISE
Disturbing the peace, §9.07.010 137
Engine brakes – Penalty, §9.07.040 138
Engine brakes – Severability, §9.07.030 138
Unlawful use of engine brakes and compression brakes, §9.07.020 138
NOXIOUS WEEDS
City to perform work – Costs deemed lien, §8.03.030 116
Failure to comply with removal notice, §8.03.040 116
Noxious weeds declared public nuisance - Removal requirements, §8.03.010 116
Removal notice – Contents – Service and posting, §8.03.020 116
NUISANCE- GARBAGE/REFUSE See 8.02.030
NUISANCE- NOXIOUS WEEDS See 8.03.010
NUISANCE- RADIO INTERFERENCE See 8.05.010
NUISANCE- SIGNS See 10.07.070
NUISANCE- UNLICENSED DOGS See 7.02.050
NUISANCE-LITTERING See 8.01.020
O
OBSTRUCTIONS
Applicability of Sections 12.02.020 through 12.02.040, §12.02.010 182
Construction or maintenance of pumps, tanks, appliances, signs, etc. – Restrictions, §12.02.020 182
Excavations restrictions, §12.02.060 183
Injuring or obstructing streets deemed misdemeanor, §12.02.080 183
Railroad property – Malicious damage or destruction deemed misdemeanor, §12.02.090 183
Removal of certain objects required – Time limit – Abatement as public nuisance, §12.02.030 182
Riding or driving animals on sidewalks prohibited, §12.02.070 183
Sidewalk obstruction prohibited – Exception, §12.02.050 182
Violation of Sections 12.02.010 through 12.02.030 – Penalty, §12.02.040 182
Violation of Sections 12.02.050 through 12.02.090 – Penalty, §12.02.100 183
OFFICIAL NEWSPAPER
Official newspapers designated, §1.07.010 8
ONE WAY TRAFFIC See 10.03.100
OPERATION OF VEHICLES
Backing, §10.05.020 148
Crossing fire hose, §10.05.230 151
Depositing glass or debris on streets, §10.05.250 151
Driving on divided highways, §10.05.120 149
Driving on right hand side of roadway, §10.05.040 148
Driving on roadways laned for traffic, §10.05.100 149
Following fire apparatus, §10.05.220 151
Following too closely, §10.05.110 149
Limitations on overtaking on the left, §10.05.070 149
Manner of parking, §10.05.240 151
Method of giving hand and arm signals, §10.05.160 150
Obstruction to driver’s view, §10.05.020 148
Operation of vehicles on approach of authorized emergency vehicles, §10.05.210 151
Overtaking a vehicle on the left, §10.05.060 149
Overtaking a vehicle on the right, §10.05.080 149
Passing school bus, §10.05.090 149
Passing vehicles proceeding in opposite directions, §10.05.050 148
Position and method of turning at intersections, §10.05.130 150
Starting parked vehicle, §10.05.140 150
Starting parked vehicle, §10.05.150 150
State license required, §10.05.010 148
Unqualified drivers, §10.05.030 148
Vehicle approaching or entering intersection, §10.05.170 150
Vehicle entering-stop or yield intersection with crosswalk, §10.05.200 150
Vehicle entering-stop or yield intersection, §10.05.190 150
Vehicle turning left at intersection, §10.05.180 150
P
PACIFICORP dba UTAH POWER
Grant of franchise, §11.02.010 177
Term, §11.02.020 177
PARADES AND PUBLIC ASSEMBLIES
Alternative permit, §12.06.060 188
Appeal procedure, §12.06.070 188
Application, §12.06.020 187
Contents of permit, §12.06.080 188
Definitions, §12.06.010 187
Duties of permittee, §12.06.090 188
Emergency cancellation/termination, §12.06.120 188
Fees, §12.06.030 187
Notice of denial of application, §12.06.050 187
Prohibitions and regulations, §12.06.100 188
Severability, §12.06.130 188
Standards for issuance, §12.06.040 187
Violation – Penalties, §12.06.110 188
PARAKEETS See 7.03.010
PARK REGULATIONS
Alcoholic beverage restrictions, §12.04.090 185
Exceptions for government officials, §12.04.120 186
Hour of operation, §12.04.010 184
Non-designated vehicles prohibited in parks, §12.04.050 185
Posting of signs etc. prohibited without permission, §12.04.100 185
Prohibited acts, §12.04.030 185
Requirements concerning use of grounds and facilities, §12.04.020 184
Sales within any park prohibited without permission, §12.04.070 185
Smoking restrictions, §12.04.080 185
Some special activities prohibited, §12.04.040 185
Unleashed animals prohibited, §12.04.060
See also §6.04.010 185
Violation a misdemeanor, §12.04.110 186
PARKING METERS
Coins and keys – Tampering prohibited, §10.06.110 152
Definitions, §10.06.010 151
Installation, §10.06.030 152
Marking of spaces, §10.06.020 151
No charge exceptions, §10.06.080 152
Overtime parking prohibited, §10.06.070 152
Parking in more than one parking meter space, §10.06.120 152
Rates, §10.06.050 152
Restricted spaces, §10.06.060 152
Spaces and time limits, §10.06.040 152
Special use conditions and fees, §10.06.090 152
Use of unexpired time, §10.06.100 152
PARKING ON STREETS See 10.03.100
Winter restrictions See §10.10.050
PARKS AND RECREATION COMMITTEE
Appointment, §4.08.020 47
Bylaws, §4.08.050 47
Compensation, §4.08.030 47
Purpose, §4.08.010 47
Vacancies, §4.08.040 47
PARROTS See 7.03.010
PAWNBROKERS AND SECONDHAND STORES
Application, §6.08.030 90
Approval and issuance conditions, §6.08.040 91
Compliance with the law, §6.08.100 93
Definitions, §6.08.010 90
License fees, §6.08.050 91
License requirements, §6.08.020 90
Prohibited purchases, §6.08.110 94
Property holding period before resale, §6.08.090 92
Records – Open for inspection, §6.08.070 92
Records – Retention – Time, §6.08.080 92
Records to be kept – Contents, §6.08.060 91
PEDDLERS, SOLICITORS AND TRANSIENT MERCHANTS
Bonds, §6.02.100 72
Definitions, §6.02.010 70
Enforcement, §6.02.130 74
Exceptions, §6.02.030 71
Issuance investigation, §6.02.050 71
License application, §6.02.040 71
License exhibition, §6.02.070 72
License expiration, §6.02.090 72
License fees, §6.02.060 72
License required, §6.02.020 71
Licesnse renewal, §6.02.080 72
Location restrictions, §6.02.120 73
Unlawful conduct, §6.02.110 73
Violation – Penalty, §6.02.140 74
PEDESTRIANS
Crossing at other than a crosswalk, §10.13.030 169
Drivers to use due care, §10.13.050 169
Pedestrians on roadways, §10.13.060 169
Pedestrians subject to traffic regulations, §10.13.010 169
Pedestrians to use right half of crosswalks, §10.13.040 169
Right-of-way in crosswalks, §10.13.020 169, 170
PENALTY
Severability, §1.02.030 2
Violations and penalty - Misdemeanors, §1.02.020 2
Violations and penalty - Municipal infractions, §1.02.010 2
PLANNING AND ZONING COMMISSION
Chairman – Meetings – Rules – Recordkeeping required, §4.01.030 40
Creation – Composition and appointment, §4.01.010 40
Expenditure restrictions, §4.01.060 41
Powers and duties generally, §4.01.040 40
Term of office – Expiration, §4.01.020 40
Zoning commission duties, §4.01.050 41
PLUMBERS
Apprentice registration and work supervision, §6.05.180 84
Certificate of competency required, §6.05.020 81
Classification of competency – Generally, §6.05.060 82
Classifications – Plumbing apprentice, §6.05.090 83
Classifications – Plumbing contractor, §6.05.070 82
Classifications – Plumbing journeyman, §6.05.080 82
Fees, §6.05.120 83
Issuance through authorized agent, §6.05.030 82
Journeyman plumber’s license – Application, §6.05.160 84
Journeyman plumber’s license – Renewal, §6.20.070 84
Liability not assumed by municipality, §6.05.130 83
License required, §6.05.110 83
Master plumber’s license – Application, §6.05.140 83
Master plumber’s license – Renewal, §6.05.150 84
Plumbing business - License required, §6.05.010 81
Sewer contractor licensing, §6.05.040 82
State certificate required – Examination, §6.05.050 82
Violation – Penalty, §6.05.100 83
POLICE DEPARTMENT
Department Established, §3.04.010 34
Department functions, §3.04.020 34
Peace Officer training, §3.04.040 35
Regulations – Administration and enforcement authority, §3.04.030 34
PROPERTY NUISANCES
Abatement by city, §8.06.050 119
Abatement by property owners, §8.06.040 119
Exterior storage of non-operating vehicles – Prohibited, §8.06.030 118
Nuisance defined, §8.06.010 118
Responsibilty for maintenance, §8.06.020 118
Violation – Penalty, §8.06.060 119
Violation of safety regulations for building, facility or park, §8.06.070 119
PUBLIC INTOXICATION
Public drunkenness, §9.06.010 137
PUBLIC WORKS DIRECTOR
Powers and duties, §2.03.180 28
PUBLIC WORKS DIRECTOR
Appointment, §2.03.170 28
R
RABBITS See 7.03.010
RADIO INTERFERENCE
Apparatus or devises causing radio interference, §8.05.020 118
Apparatus or devises causing radio interference,INTERFERENCE
Nuisance and misdemeanor, §8.05.010 117
RAILROADS
Grade crossing – Obedience to signal, §10.14.010 170
Oregon Shortline right of way, §10.14.020 170
Railroad destruction – Misdemeanor, §10.14.070 171
Railroad liability, §10.14.050 171
Railroad street crossings required, §10.14.090 172
Railroad water crossings required, §10.14.080 171
Right of way conditions, §10.14.040 171
Right of way restrictions, §10.14.060 171
St. Anthony Railroad right of way, §10.14.030 170
Train speed, bell, and standing regulations, §10.14.100 172
Violation – Penalty, §10.14.110 172
RECORDKEEPING
Retention of permanent records 29
RECREATION DIRECTOR
Duties and powers, §2.03.160 28
RENTAL REGISTRATION
Business – Change of ownership, §6.11.110 101
Definitions, §6.11.040 100
General provisions, §6.11.030 99
Interpretation of provisions – Unlawful business, §6.11.120 101
Non-parking agreements, §6.11.160 102
Owner responsibility, §6.11.170 102
Parking space management, §6.11.140 102
Parking space restrictions, §6.11.150 102
Purpose, §6.11.010 99
Registration – Application – Issuance procedure, §6.11.060 101
Registration – Fees – Refund, §6.11.080 101
Registration – Fees – Schedule, §6.11.070 101
Registration – Separate registration required, §6.11.100 101
Registration – Terms – Proration, §6.11.090 101
Registration requirements, §6.11.050 100
Regulations, §6.11.020 99
Right to refuse or revoke registration, §6.11.130 101
Violation – Penalty, §6.11.180 102
REVOLVING LOAN FUND
Establishment - Use of fund, §5.04.010 55
Purpose, §5.12.030 55
Repayment conditions, §5.04.020 55
Withdrawals, §5.12.040 55
REXBURG BEAUTIFICATION COMMITTEE
Appointment, §4.07.020 46
Bylaws, §4.07.050 47
Compensation, §4.07.030 46
Purpose, §4.07.010 46
Vacancies, §4.07.040 47
REXBURG STANDARD JOURNAL NEWSPAPER See 1.07.010
RIGHT OF ENTRY FOR INSPECTION
Inspection authorization – Procedures required, §1.11.010 8
S
SCRAP METAL DEALERS
Application, §6.09.030 95
Approval and issuance conditions, §6.09.040 96
Compliance with the law, §6.09.110 97
Definitions, §6.09.010 95
License fees, §6.09.050 96
License required, §6.09.020 95
Property holding period before resale, §6.09.090 96
Records – Open for inspection, §6.09.070 96
Records – Retention – Time, §6.09.080 96
Records to be kept – Contents, §6.09.060. 96
Severability, §6.09.120 97
Storage of scrap – Exceptions, §6.09.100 96
SEWERS See §3.06.030
SIGN CODE
Clear view of intersecting streets, §15.06.030 235
Copies on file, §15.06.060 236
Definitions, §15.06.010 235
Maximum height, §15.06.040 235
Permits and fees, §15.06.050 236
Safe sign construction, §15.06.020 235
Severability, §15.06.070 236
Violation – Penalty, §15.06.080 236
SNOWBALLS AND OTHER OBJECTS THROWN
Objects thrown or obstructing – Prohibited, 9.01.010 133
Obstructing streets and sidewalks – Prohibited, §9.01.020 133
Violation of Sections 9.01.010-9.01.020 – Penalty, §9.01.030 133
SOLID WASTE COLLECTION See 3.06.040
SPEED LIMITS
Basic rule, §10.08.010 154
Charging violations of speed regulations, §10.08.060 155
Establishment of speed zones, §10.08.040 155
Minimum speed regulations, §10.08.050 155
Prima facie limits, §10.08.020 154
When reduced speed required, §10.08.030 154
STOPPING, STANDING AND PARKING – FIRE LANES OR HAZARDOUS AND CONGESTED AREAS
No stopping, standing or parking near hazardous or congested places or within non-parking zones, §10.09.630 164
Standing or parking within access roadways for fire apparatus, §10.09.620 164
Violation – Penalty, §10.09.640 164
STOPPING, STANDING AND PARKING – GENERAL
Airport parking – signs and markings, §10.09.130 157
Angle or parallel parking – Signs or markings, §10.09.090 156
Application of chapter provisions, §10.09.010 155
Buses and taxicabs – Parking restrictions, §10.09.180 157
Buses and taxicabs – Stand use restrictions, §10.09.190 157
City and County employee parking – Areas designated, §10.09.140 157
Continuous movement required, §10.09.040 156
Disabled parking – Out of state vehicles, §10.09.120 156
Disabled parking violation enforcements, §10.09.110 156
Double parking, standing or stopping, §10.09.240 158
Handicapped parking – Public property, §10.09.100 156
Lights on parked vehicles, §10.09.070 156, 157, 158, 159, 160, 161
Moving illegally parked vehicles – Police authority, §10.09.360 159
No stopping or parking – Color markings and signs, §10.09.160 157
Obstructing traffic by parking prohibited, §10.09.320 159
One-way roadway restrictions, §10.09.230 158
Opposite traffic – Parallel, §10.09.080 156
Parking for certain purposes prohibited, §10.09.340 159
Parking in alleys, §10.09.220 158
Parking on sidewalk area prohibited, §10.09.330 159
Parking prohibited – Locations, §10.09.310 159
Parking signs required, §10.09.050 156
Parking violation – Owner’s responsibility, §10.09.350 159
Procedure for leaving vehicle unattended, §10.09.060 156
Prohibited parking for restricted vehicles, §10.09.290 159
Public carrier and bus stands, §10.09.170 157
Registration of vehicle plates, §10.09.030 155
Regulations not exclusive, §10.09.020 155
Residential parking lots owned by the city, §10.09.150 157
Restricted parking zones, §10.09.210 158
Severability, §10.09.400 160
Stopping or parking – Prohibited in certain areas, §10.09.260 158
Stopping or parking – Roadways without curb, §10.09.250 158
Streets – Parking prohibited at all times, §10.09.280 158
Streets – Parking prohibited during certain hours, §10.09.300 159
Taxicab stands – Establishment and signs, §10.09.200 158
Time-limited parking on certain streets, §10.09.270 158
Unathorized use of streets – Strict liability of owner, §10.09.380 159
Unauthorized use of streets – Appeal procedures, §10.09.390 160
Unauthorized use of streets, parking lots and other areas – Penalties, §10.09.370 159
STOPPING, STANDING AND PARKING – PARKING AND LOADING ZONES
Designation – Signs required, §10.09.510 162
Established – City Council authority, §10.09.500 161
Freight curbs loading zones, §10.09.610 163
Loading zone use restrictions, §10.09.530 162
Loading zones and restricted parking – Designation and signs, §10.09.600 163
Operating time defined, §10.09.490 161
Parking – Procedures, §10.09.540 162
Parking spaces to be marked, §10.09.520 162
Parking violation – Enforcement – Notice or citation, §10.09.570 162
Parking violation – Failure to respond to citation, §10.09.590 163
Parking violation – Penalties, §10.09.560 162
Parking violations, §10.09.580 163
Unlawful parking, §10.09.550 162
STOPPING, STANDING AND PARKING – RESTRICTIONS GENERALLY
Abandoned vehicles, §10.09.440 161
Impoundment fees – Payment prerequisite to release of vehicle, §10.09.470 161
No parking on portion of North Second East Street, §10.09.480 161
Parking – Alley restrictions, §10.09.410 160
Parking – Restrictions – Signs required, §10.09.450 161
Parking – Trucks prohibited in residential sections, §10.09.420 160
Repairing vehicles on street restrictions, §10.09.430 160
Vehicles parked in violation of Section 10.09.450 – Removal and impoundment authorized, §10.09.460 161
STORAGE OF VEHICLES OR PROPERTY ON STREETS
Authority to take possession of abandoned property, §10.10.020 165
Impounded property – Conditions of sale, §10.10.100 166
Impounded property – Proceeds of sale, §10.10.110 166
Impounded property – Recordkeeping and storage requirements, §10.10.080 166
Impounded property – Sale – Notice requirements, §10.10.090 166
Impoundment and reclaiming procedure, §10.10.070 165
Leaving or storing property on certain streets, §10.10.040 165
Penalty, §10.10.140 167
Repossession of personal property – Payment of costs, §10.10.120 166
Use of certain streets and alleys restricted – From November 1st through March 1st, §10.10.050 165
Using streets for storage of motor homes, boats and trailers prohibited, §10.10.060 165
Using streets for storage prohibited, §10.10.010 165
Warrant in favor of owner of article – Conditions – City Council authority, §10.10.130 167
West Fourth Street restrictions, §10.10.030 165
STREET NAME AND NUMBERING SYSTEM
College Avenue and Carlson Avenue designated, §12.03.020 184
Directional prefixes for street names – System described, §12.03.030 184
Numbers and letters required – Police Chief duties, §12.03.040 184
Street naming system described, §12.03.010 183
STREETS DEVELOPMENT IMPACT FEE REPORT
Administration of impact fee, §5.05.100 58
Appeals, §5.05.130 59
Application, §5.05.040 56
Bonding, §5.05.160 60
Calculation of impact fee, §5.05.070 57
Capital improvement projects, §5.05.010 57
Collection of impact fees, §5.05.050 56
Credits and reimbursement, §5.05.110 58
Definitions, §5.05.030 56
Effects of impact fee on zoning and subdivision regulation, §5.05.170 60
Extraordinary impacts, §5.05.140 60
Findings, §5.05.010 55
General methodology of calculation, §5.05.080 58
Inflationary adjustment for impact fee, §5.05.090 58
Other powers and rights not affected, §5.05.180 61
Refunds, §5.05.120 58
Streets Development Impact Fee Report, §5.05.010 60
The Report, §5.05.190 61
Title and purpose, §5.05.020 55
STREETS, SIDEWALKS AND PUBLIC PROPERTY
Business upon public sidewalks – Exceptions, §12.01.100 181
Business upon public sidewalks, §12.01.090 180
Conformity with average setback, §12.01.140 181
Existing sidewalks, §12.01.070 180
Indemnifying liability, §12.01.110 181
New Owners, §12.01.050 180
Obstruction of sidewalks, §12.01.080 180
Reconstruction, §12.01.060 180
Sidewalk minimum requirements, §12.01.040 180
Sidewalks in all areas of the city, §12.01.010 179
Sidewalks less than six feet, §12.01.120 181
Standard Drawings and Specifications, §12.01.020 179
Subdivision annexation, §12.01.030 179
Violation – Penalty, §12.01.130 181
SUBDIVISION REGULATIONS
Copies on file, §16.08.020 250
Ordinance adopted, §16.08.010 250
T
TABERNACLE CIVIC CENTER COMMITTEE
Appointment, §4.02.020 41
Bylaws, §4.02.050 42
Compensation, §4.02.030 41
Purpose, §4.02.010 41
Vacancies, §4.02.040 41
THROWN OBJECTS
Stones, sticks, snowballs, eggs, bombs and missles See 9.01.010
TOWING AND BOOTING
Application, §6.10.030 97
Definitions, §6.10.010 97
Duty to display license, §6.10.060 98
Investigation by Police Department, §6.10.070 98
Issuance and renewal conditions, §6.10.040 98
License fees, §6.10.050 98
License required, §6.10.020 97
Non-consensual towing and booting practices on multi-unit residential private properties, §6.10.090 99
Repeal, §6.10.110 99
Severability, §6.10.120 99
Towing sign requirements for non-residential commercial lots, §6.10.080 98
Violation – Penalty, §6.10.100 99
TRAFFIC ARRESTS
Appearance in police court, §10.03.180 144
Arrest without warrant, §10.03.220 145
Evidence not permissible in civil action, §10.03.230 145
Failure to appear, §10.03.210 145
Parking citations, §10.03.240 145
Posting of bail, §10.03.200 145
Traffic citations, §10.03.190 144
TRAFFIC CONTROL DEVICES
Adoption of uniform system, §10.07.010 153
Display of unauthorized signals or signs, §10.07.070 153
Flashing signals, §10.07.060 153
Interference with official traffic control devices, §10.07.080 154
Obedience to traffic control devices, §10.07.030 153
Pedestrian control signals, §10.07.050 153
Placement of signs and signals, §10.07.020 153
Traffic control signal legend, §10.07.040 153
TRAFFIC SAFETY COMMISSION
Creation, §4.14.010 51
Duties, §4.14.060 51
Meetings, §4.14.050 51
Membership and Terms of Office, §4.14.020 51
Organization, §4.14.040 51
Vacancies, §4.14.030 51
TRAILS OF MADISON COUNTY COMMITTEE (JOINT CITY/COUNTY)
Appointment, §4.13.020 50
Bylaws, §4.13.050 50
Compensation, §4.13.030 50
Purpose, §4.13.010 50
Vacancies, §4.13.040 50
TRAVEL TRAILERS – CONDITIONS AND REGULATIONS
Applicability of provisions – Exceptions §14.03.170 220
Attendant required, §14.03.160 220
Duration of permit, §14.03.130 220
Minimum size requirement, §14.03.180 220
Permit fees, §14.03.140 220
Permit requirements, §14.03.120 219
Service building requirements, §14.03.150 220
TREES AND PLANTS
Abatement of public nuisances, §8.08.090 125
Appeals, §8.08.100 126
Applicability, §8.08.020 122
Definitions, §8.08.010 122
Establishment or designation of Commision, §8.08.040 123
Jurisdiction, §8.08.030 123
Penalties for violation, §8.08.070 125
Permits, §8.08.060 124
Public nuisances, §8.08.080 125
Responsibilities of adjacent property owners, §8.08.050 124
Severability, §8.08.110 126
TURKEYS See 7.03.020
U
UPPER VALLEY ARTS COMMITTEE
Appointment, §4.06.020 46
Bylaws, §4.06.050 46
Compensation, §4.06.030 46
Purpose, §4.06.010 46
Vacancies, §4.06.040 46
UPPER VALLEY TELECABLE COMPANY, INC.
Term, §11.01.010 177
URBAN RENEWAL
Downtown district redevelopment plan, §16.09.040 251
North Highway, §16.09.020 251
Urban renewal agency, §16.09.010 250
Washington School, §16.09.030 251
V
VAGRANCY
Vagancy prohibited – Penalty, 9.08.010 138
VEHICLE EQUIPMENT
Additional equipment required on certain vehicles, §10.04.040 146
Brakes, §10.04.090 147
Color of lamps and reflectors, §10.04.050 146
Head lamps, §10.04.020 146
Horns and warning devices, §10.04.100 147
Lamp or flag on projecting load, §10.04.060 146
Lamps on other equpimpent and vehicles, §10.04.080 147
Lamps on parked vehicles, §10.04.070 147
Mirrors, §10.04.120 147
Mufflers, prevention of noise, §10.04.110 147
Tail lamps, §10.04.030 146
Vehicles in unsafe condition, §10.04.010 145
Windshields, §10.04.130 148
VEHICLES IN YARD, STORAGE OF See §8.06.030
VEHICLES ON PREMISES, STORAGE OF See §8.06.030
W
WASTEWATER RATES AND CHARGES
Delinquency notice – Pretermination hearing, §13.04.150 214
Delinquent bills attributable to prior consumers, §13.04.160 214
Enforcement, §13.04.180 215
Metered service, §13.04.130 213
User rates – Basis, §13.04.020 211
User rates – Generally, §13.04.010 211
User rates – Request for change, §13.04.050 212
User rates – Review and revision, §13.04.040 212
User rates – Surcharge for excessive strength, §13.04.030 212
Violation – Penalty, §13.04.170 215
Wastewater connection – Business block or shopping center – Full and half fee, §13.04.100 213
Wastewater connection – Fees, §13.04.070 212
Wastewater connection – Full fee requirements, §13.04.080 213
Wastewater connection – Half fee, §13.04.090 213
Wastewater connection – Required, §13.04.060 212
Wastewater connection – Subdivision of unimproved property – Collection lines required – Costs, §13.04.110 213
Wastewater main charge, §13.04.120 213
Water and wastewater bills combined – Delinquency notice, §13.04.140 214
WASTEWATER REGULATIONS
Connection to public sewer – Authorized personnel required – Accountability, §13.03.020 197
Injuring sewers or appurtenances prohibited, §13.03.090 198
Manholes – Opening prohibited – Exception, §13.03.070 198
Permit – Application – Fee – Issuance conditions, §13.03.040 197
Permit – Compliance with certain plumbing regulations prerequisite to issuance, §13.03.050 198
Permit – Revocation conditions, §13.03.060 198
Permit requirements – Posting, §13.03.030 197
Private wastewater facilities – Discontinuance cleaning and filling requirements, §13.03.010 197
Prohibited discharges – Garbage or other obstructions, §13.03.080 198
Violation – Penalty, §13.03.100 198
WASTEWATER REGULATIONS – ADMINISTRATIVE ENFORCEMENT REMEDIES
Administrative fines, §13.03.660 207
Cease and desist orders, §13.03.650 207
Compliance orders, §13.03.640 207
Consent orders, §13.03.620 206
Emergency suspensions, §13.03.670 207
Notification of violation, §13.03.610 206
Show cause hearing, §13.03.630 206
WASTEWATER REGULATIONS – AFFIRMATIVE DEFENSES TO DISCHARGE VIOLATIONS
Bypass, §13.03.790 210
Defining 210
Prohibited discharge standards, §13.03.780 210
WASTEWATER REGULATIONS – COMPLIANCE MONITORING
Inspection and sampling, §13.03.570 205
Monitoring facilties, §13.03.580 205
Search warrants, §13.03.590 205
Vandalism, §13.03.600 206
WASTEWATER REGULATIONS – GENERAL PROVISIONS
Abbreviations, §13.03.140 199
Administration, §13.03.120 198
Definitions, §13.03.130 199
Purpose and policy, §13.03.110 198
WASTEWATER REGULATIONS – GENERAL REQUIREMENTS
Additional pretreatment measures, §13.03.250 200
City’s right of revision, §13.03.200 199
Deadline for compliance with applicable pretreatment requirements, §13.03.240 200
Dilution, §13.03.220 199
Federal categorical pretreatment standards, §13.03.170 199
Local limits, §13.03.190 199
Pretreatment facilities, §13.03.230 200
Prohibited disharege standards, §13.03.160 199
Septic tank wastes, §13.03.270 200
Special agreement with users, §13.03.210 199
State requirements, §13.03.180 199
WASTEWATER REGULATIONS – INDUSTRIAL WASTEWATER DISCHARGE PERMIT
Data disclosure form contents, §13.03.320 202
Permit appeals, §13.03.360 202
Permit contents, §13.03.350 202
Permit decisions, §13.03.340 202
Permit duration, §13.03.370 202
Permit modification, §13.03.380 202
Permit reissuance, §13.03.410 203
Permit requirements, §13.03.280 201
Permit revocation, §13.03.400 203
Permit transfer, §13.03.390 202
Permitting – Existing SIU, §13.03.290 201
Permitting – New source and new user , §13.03.300 201
Signatory and certification requirements, §13.03.330 202
Wastewater discharge permitting – Extra jurisdictional users, §13.03.310 201
WASTEWATER REGULATIONS – JUDICIAL ENFORCEMENT REMEDIES
Civil penalties, §13.03.700 208
Criminal prosecution, §13.03.710 208
Injunctive relief, §13.03.690 208
Remedies nonexclusive, §13.03.720 208
WASTEWATER REGULATIONS – MISCELLANEOUS PROVISIONS
Conflicts, §13.03.830 211
Pretreatment charges and fees, §13.03.810 211
Severability, §13.03.820 211
WASTEWATER REGULATIONS – REPORTING REQUIREMENTS
Baseline monitoring reports, §13.03.420 203
Compliance schedules for meeting applicable pretreatment standards, §13.03.450 203
Final compliance report (initial compliance report), §13.03.430 203
Hazardous waste notification, §13.03.470 203
Noncompliance reporting, §13.03.490 204
Notice of potential problems, including accidental spills, slug loadings, §13.03.480 203
Notification of changed discharge, §13.03.500 204
Notification of significant production changes, §13.03.460 203
Periodic compliance report, §13.03.440 203
Record keeping, §13.03.530 204
Reports from unpermitted users, §13.03.520 204
WASTEWATER REGULATIONS – SAMPLING AND ANALYTICAL REQUIREMENTS
Analytical requirements, §13.03.550 204
City monitoring of user’s wastewater, §13.03.560 205
Sampling requirements for users, §13.03.540 204
WASTEWATER REGULATIONS – SUPPLEMENTAL ENFORCEMENT ACTION
Liability insurance, §13.03.740 209
Performance bonds, §13.03.730 209
Water supply severance, §13.03.750 209
WATER METERS
Access requirements – Superintendent of waterworks authority, §13.02.050 195
City to supply meters – Installation costs – Deposit requirements, §13.02.030 195
Disconnection and removal authorization – Report required, §13.02.060 195
Location requirements, §13.02.040 195
Purpose – Installation requirements generally, §13.02.010 194
Rental and service charges for meters not paid for – Private installation of meter permissions, §13.02.070 196
Specifications generally – Approval required, §13.02.020 194
Testing – Costs, §13.02.080 196
Use of unmetered water restrictions, §13.02.090 196
WATER REGULATIONS
Access for examination of apparatus – Penalty for violation of regulations, §13.01.030 190
Changes to or amendment of chapter provisions – City Council authority, §13.01.250 194
Fire hydrants – Access and repair restrictions, §13.01.090 191
Fire hydrants – Unauthorized use and willful damage prohibited, §13.01.110 191
Fire hydrants – Wrenches – Use restrictions, §13.01.100 191
Liability limitations, §13.01.240 194
Public use of a fire hydrant and fees associated, §13.01.120 192
Service – Application – Deposit requirements, §13.01.140 192
Service – Application – Water meter deposit requirements – Clerk Treasurer duties, §13.01.150 192
Service – Classifications designated, §13.01.160 192
Service – Meter rental charges, §13.01.180 193
Service – Rates and charges – Monthly statement, §13.01.190 193
Service – Rates and charges – Payment delinquency qualifications – Penalties, §13.01.200 193
Service – Water user charges, §13.01.170 192
Service pipe – Material specification – Permit required for extensions, §13.01.050 190
Service pipe – Stopcock and key box required, §13.01.040 190
Service pipe and other apparatus – Maintenance responsibility and repair restrictions, §13.01.060 191
Superintendent of the waterworks – Powers and duties, §13.01.020 190
Unlawful uses of water or appurtenances designated – Penalty, §13.01.220 193
Using water after turnoff for nonpayment of rates - Penalty, §13.01.210 193
Wasting water prohibited – Penalty, §13.01.230 194
Water main charge, §13.01.080 191
Water supply limitations for animal troughs and other facilities, §13.01.130 192
Water system – Authority of Mayor and City Council, §13.01.010 190
Water use restrictions in areas where water mains are installed, §13.01.070 191
WATERWORKS FUND
Created, §5.03.010 54
Source of moneys, §5.03.020 54
WEAPONS
Discharging explosives prohibited, §9.02.010 133
Discharging fireworks allowed on Fourth of July, §9.02.020 133
Possessing or producing explosives prohibited, §9.02.030 134
Prohibited explosives – special permit, 9.02.040 134
Violation – Penalty, §9.02.050 134
Y
YARDS, SIZE OF See 16.01.010
Disposition and expenditure of collected funds, §5.01.020 53
Tax levy - Restrictions, §5.01.010 53
CEMETERY
Administration, §1.08.010 8
CHICKENS See 7.03.020
CHIEF OF EMERGENCY SERVICES
Assistant Chiefs of Emergency Services, §2.03.110 24
One person, §2.03.090 23
Powers and duties, §2.03.100 23
CHIEF OF POLICE
Appointment, §2.03.140 27
Powers and duties, §2.03.150 27
CITY ATTORNEY
Appointment, §2.03.120 25
Powers and duties, §2.03.130 25
CITY CLERK
Appointment, §2.03.070 22
One person, §2.03.060 22
Powers and duties, §2.03.080 22
CITY COUNCIL
Agenda, §2.02.040 14
Boards, commissions and committees, §2.02.140 18
Change in number of Council Members, §2.02.230 19
Classifications of bills, ordinances and resolutions, §2.02.130 17
Council member salary, §2.02.160 18
Duty to vote, §2.02.120 17
Examination of accounts of fiscal officers, §2.02.240 20
Executive session, §2.02.030 13
Minutes, §2.02.050 14
Physical presence, §2.02.110 17
Powers of the Council, §2.02.220 19
President of the Council, election of, §2.02.190 18
President of the council, election of, §2.02.20. 18
Presiding officer, §2.02.060 14
Procedural motions, §2.02.080 15
Qualifications to hold the office of city Council Member, §2.02.170 18
Reading of bills and resolutions, §2.02.140 17
Regular meetings - Time and place, §2.02.010 12
Renewal of a motion, §2.02.100 17
Special meetings - Procedure, §2.02.020 13
Substantive motions, §2.02.070 15
Term of office for city council members, §2.02.180. 18
Unresolved questions, §2.02.150 18
Vacancies on the Council and appointment to the Council, §2.02.210 18
Withdrawal of a motion, §2.02.090 17
CITY COUNCIL QUORUM See 2.02.010
CITY LIMITS See 1.03.010
CITY RIGHT OF WAY
Responsibility of adjacent property owners See 8.08.050
CITY SEAL
Previous City Seal, §1.06.020 7
Redesigned City Seal and Logotype, §1.06.030 7
Use of City Seal, §1.06.010 and 2.03.080 7
CITY TREASURER
Appointment of Director, §2.03.040 21
One person, §2.03.030 21
Powers and duties, §2.03.050 21
CLEAN AIR – BOWLING ALLEYS
Owner responsibilities, §8.10.030 128
Prohibitions, §8.10.020 128
Purpose, §8.10.010 127
Violation – Penalty, §8.10.040 128
CODE ADOPTION
Code not to affect prior offenses, rights, etc., §1.01.060 2
Construction, §1.01.040 1
Definitions and interpretations of terms, §1.01.010 1
Grammatical interpretation of terms, §1.01.020 1
Prohibited acts include causing, permitting or concealing, §1.01.030 1
Repeal shall not revive any ordinances, §1.01.050 2
COIN OPERATED DEVICES
Application for license, §6.07.030 87
Definitions, §6.07.010 86
Hours when use prohibited, §6.07.090 89
Issuance of license, §6.07.050 88
License fees, §6.07.040 87
License required, §6.07.020 87
Premises, §6.07.060 88
Revocation and cancellation of licenses, §6.07.080 89
Subsitute licenses, §6.07.070 88
Violation – Penalty, §6.07.100 89
COMPOST PILES See 8.02.110
COMPREHENSIVE PLAN
Adoption, §16.03.010 249
D
DEAD ANIMALS
City marshal – Authority to bury dead animals, §7.05.020 108
Removal or burial requirements, §7.05.010 108
Violation – Penalty, §7.05.030 108
Department Heads See 2.03.010
DEPARTMENT OF EMERGENCY SERVICES
Building inspections, §3.03.040 33
Drills, §3.03.030 33
Firemen, §3.03.020 32
Organization, §3.03.010 32
DEPARTMENT OF FINANCIAL MANAGEMENT
Department established, §3.01.010 30
Departmental functions, §3.01.020 30
Divisions, §3.01.030 30
DEPARTMENT OF GEOGRAPHICAL INFORMATION SYSTEMS
Department established, §3.07.010 38
DEPARTMENT OF PUBLIC WORKS
Department established, §3.06.010 35
Division of Streets Department, §3.06.020 35
Engineering Department, §3.06.060 37
Planning and Zoning Department, §3.06.080 38
Sanitation Department, §3.06.040 36
Shop Department, §3.06.050 37
Wastewater Department, §3.06.030 36
Water Department, §3.06.070 37
DEPOSITORIES
Depositories designated, §1.10.010 8
DEVELOPMENT CODE
Adoption, §16.01.010 247
DEVELOPMENT IMPACT FEE
Administration of impact fees, §16.02.080 248
Appeals, §16.02.100 248
Bonding, §16.02.120 248
Calculation of impact fees, §16.02.050 248
Captal improvement projects, §16.02.130 248
Collection of impact fees, §16.02.040 248
Credits and reimbursements, §16.02.070 248
Definitions, §16.02.020 247
Development Impact Fee Report reference, §16.02.150 249
Effect of impact fee on zoning and subdivision regulations, §16.02.140 249
Exemptions, §16.02.030 248
Extraordinary impacts, §16.02.110 248
General methodology for calculation, §16.02.060 248
Other powers and rights not affected, §16.02.150 249
Refunds, §16.02.090 248
Title and purpose, §16.02.010 247
DISTURBING THE PEACE See 7.02.060
DOGS
Abandonment of animals, §7.02.120 105
Amount of license, §7.02.020 104
Cruelty prohibited, §7.02.100 105
Definition of owner, §7.02.130 105
Disturbing the peace, §7.02.060 104
Issuance of license, §7.02.030 104
Leash requirements – Feces disposal – Exception, §7.02.090 105
Licensing of dogs, §7.02.010 104
Metal tag requirement, §7.02.040 104
Public disposition of animals, §7.02.110 105
Repealing ordinances, §7.02.150 106
Running at large exception, §7.02.080 105
Running at large restrictions, §7.02.070 105
Unlicensed dogs – Impoundment, §7.02.050 104
Violation – Penalty, §7.02.140 106
DOGS – LICENSE REQUIREMENTS
Citation – In lieu of impoundment, §7.04.120 107
Citation – Issuance, §7.04.130 108
Destruction of dogs, §7.04.160 108
Impoundment – Duties of Policemen and Poundmaster, §7.04.090 107
Impoundment and redemption of unlicensed dogs, §7.04.110 107
Notice of impoundment and redemption of licensed dogs, §7.04.100 107
Rabies – Destruction, §7.04.150 108
Rabies – Quarantine, §7.04.140 108
Unlawful to interfere with seizure or destruction of dogs, §7.04.170 108
DOWNTOWN VISION COMMITTEE
Appointment, §4.04.020 44
Bylaws, §4.04.050 45
Compensation, §4.04.030 45
Purpose, §4.04.010 44
Vacancies, §4.04.040 45
E
ELECTION
Election poll hours, §1.04.0330 7
Election precincts, §1.04.010 4
Election precincts, §1.04.020 4
ELECTRICAL CODE
Copies on file, §15.04.020 231
Electrical code adopted by reference, §15.04.010 231
ENFORCEMENT
Accident investigation duties, §10.03.060 141
Annual traffic report required, §10.03.080 142
Applicability of State law, §10.03.010 140
Authority to regulate traffic movement, §10.03.100 142
Authorized emergency vehicles, §10.03.130 143
Driving under the influence, §10.03.150 143
Excessive violations, §10.03.070 142
Exemption of persons and equipment working on streets, §10.03.120 142
Funeral processions, §10.03.090 142
Negligent driving, §10.03.170 144
Obedience by police officers, §10.03.040 141
Obedience to police officers, §10.03.030 141
Persons riding or driving animal – drawn vehicle, §10.03.140 143
Play streets – Police chief authority to designate, §10.03.110 142
Reckless driving, §10.03.160 143
Traffic record requirements, §10.03.050 141
Traffic regulations, §10.03.020 140
EXCAVATIONS
Asphalt repairs – Completion time, §15.03.080 230
Asphalt repairs – Performed by city when – Costs, §15.03.090 231
Backfiling and asphalt repairs – Specifications – Permittee responsibility, §15.03.060 230
Permit – Application – Notice of commencement of work, §15.03.030 230
Permit – Bond, §15.03.040 230
Permit – Insurance required, §15.03.050 230
Permit – Required – Recordkeeping, §15.03.020 229
Precautions to prevent injury required – Penalty for failure to provide, §15.03.100 231
Safeguarding and maintenance responsibility, §15.03.070 230
Standards applicable, §15.03.010 229
Violation deemed misdemeanor, §15.03.110 231
EXPLOSIVES
Firecrackers, torpedoes, firearms, air guns, pneumatic gun, spring gun, B-B guns, rockets, grenades, molotov cocktails, artillery projectiles, pistols, catapult, flippers, ice bombs,
pipe bombs and black powder bombs See 9.02.010
F
FIRE DEPARTMENT LOCK BOX
Purpose, §15.08.010 243
FIRE EXTINGUISHERS See 6.01.120
FIRECRACKERS See 9.02.010
FIRES, RECREATIONAL See 8.02.120
FIREWORKS
Discharge prohibitions - Exceptions, §8.04.040 117
Purpose and intent of provisions, §8.04.010 116
Restrictions on possession, §8.04.050 117
State Fireworks Law – Adopted by reference, §8.04.020 117
State Fireworks Law – Copies filed for public examination, §8.04.030 117
Violation – Penalty, §8.04.060 117
FISH See 7.03.010
FLOOD DAMAGE PREVENTION
Abrogation and greater restrictions, §15.09.090 245
Application for development permit, §15.09.130 245
Basis for establishing the areas of special flood hazard, §15.09.070 244
Conditions for variances, §15.09.170 246
Definitions, §15.09.050 244
Designation of the city building inspector as administrator, §15.09.140 246
Development permit required, §15.09.120 245
Duties and responsibilities of the city building inspector, §15.09.150 246
Findings of fact, §15.09.020 243
Floodways, §15.09.203 246
Interpretation, §15.09.100 245
Lands to which this chapter applies, §15.09.060 244
Methods of reducing flood losses, §15.09.040 244
Penalties for noncompliance, §15.09.080 244
Provisions for flood hazard reduction – General standards, §15.09.180 246
Specific standards, §15.09.190 246
Statement of purpose, §15.09.030 244
Statutory authorization, §15.09.010 243
Variance procedures – Appeals board, §15.09.160 246
Warning and disclaimer of liability, §15.09.110 245
FOWL See 7.03.010
G
GAMBLING
Enforcement, §9.05.020 137
Gambling prohibited, §9.05.010 137
GARBAGE AND REFUSE COLLECTION AND DISPOSAL
Additional rules and regulations authorized, §8.02.230 114
Applicability – Scope, §8.02.020 111
Approved containers – Required for collection by city, §8.02.080 112
Blocking access to containers prohibited, §8.02.280 115
Certain materials not collected – Responsibility for disposal, §8.02.140 113
Charges for collection service, §8.02.320 115
Collection and storage, §8.02.300 115
Collection system – Use required – Exceptions, §8.02.040 111
Compost pile permissions, §8.02.110 112
Definitions and interpretation of terms, §8.02.030 111
Disposal vehicles – Equipment and operation, §8.02.070 112
Disposing of solid waste on public or private property prohibited, §8.02.290 115
Failure to comply with chapter provisions deemed misdemeanor – Penalty, §8.02.240 114
Fees – Billing and payment procedures, §8.02.210 114
Fees, §8.02.220 114
Findings – Purpose of provisions, §8.02.010 110
Franchise for collection and disposal – Application – Investigation, §8.02.170 113
Inspection authority, §8.02.190 114
Leaves, clippings, brush and similar materials, §8.02.100 112
Licensing and contracting for collection and disposal, §8.02.180 114
Meddling with refuse containers prohibited, §8.02.150 113
Non recyclable garbage and refuse, §8.02.270 115
Placing burning material in container prohibited, §8.02.310 115
Refuse – Accumulation restrictions, §8.02.050 111
Refuse – Collection schedule – Placement of containers, §8.02.130 113
Refuse – Disposal in Madison County sanitary landfill required, §8.02.200 114
Refuse – Owner responsibility to remove – Deposit restrictions, §8.02.060 111
Refuse – Requirements for placement in approved containers, §8.02.090 112
Salvaging material from sanitary landfill prohibited – Exception, §8.02.160 113
Severability, §8.02.330 115
Trash burning and other outdoor fires, §8.02.120 113
Unauthorized depositing of refuse – Penalty, §8.02.260 114
Violation – Penalty, §8.02.340 115
Violation of chapter provisions – Citation and appearance requirements, §8.02.250 114
GAS INSTALLATIONS
Classifications of competency designated – Qualifications, §15.05.170 234
Construction, operation and maintenance facilities for transmission and distribution, §15.05.030 232
Definitions, §15.05.010 232
Gas installations in buildings, adoption of N.B.F.U. pamphlet No. 54 as Gas Code, §15.05.040 232
Gas production facilities, §15.05.020 232
Gasfitting contractor – Insurance prerequisite to licensing, §15.05.180 234
Inspection – By gas supplier, §15.05.140 234
Inspection – Certification, §15.05.130 233
Inspection – Istallations completed before passage of chapter provisions, §15.05.110 233
Inspection – Notification of readiness required – Reinspection fee, §15.05.120 233
Inspection – Requirements generally – Piping and pressure tests, §15.05.090 233
Inspector qualification and supervisory authority, §15.05.100 233
Installation work – Certification of competency required, §15.05.160 234
Installation work – License requirements, §15.05.190 234
Permit – Application – Information required, §15.05.070 232
Permit – Cost – Inspection fee, §15.05.080 233
Permit – Not required for certain work, §15.05.060 232
Permit - Required, §15.05.050 232
Restrictions for turning on gas, §15.05.150 234
Violation – Penalty, §15.05.200 235
GEESE See 7.03.020
GENERAL PROVISIONS
Applicability of provisions, §10.02.010 140
Noncompliance deemed misdemeanor, §10.02.020 140
Vehicle and traffic definitions, §10.02.030 140
GIS See 3.07.010
GOLDFISH See 7.03.010
GOLF BOARD (JOINT CITY/COUNTY)
Appointment, §4.11.020 49
Bylaws, §4.11.050 49
Compensation, §4.11.030 49
Purpose, §4.11.010 49
Vacancies, §4.11.040 49
H
HISTORICAL PRESERVATION COMMITTEE
Appointment, §4.03.030 42
Commission funding, §4.03.080 44
Compensation, §4.03.040 43
Definitions, §4.03.020 42
Organization, officers, rules, meetings, §4.03.060 43
Powers, duties, and responsibilities, §4.03.070 43
Purpose, §4.03.010 42
Special restrictions, §4.03.090 44
Vacancies, §4.03.050 43
HOUSE OF ILL-FAME
Enforcement, §9.04.020 136
Prostitution prohibited, 9.04.010 136
Violation – Penalty, §9.04.030 136
HOUSEHOLD PETS
Domestic fowls confinement, §7.03.030 106
Domestic fowls running at large, §7.03.020 106
Domestic fowls Violaton – Penalty, §7.03.040 106
Maximum pet restrictions, §7.03.010 106
I
IDAHO MOTOR VEHICLE LAWS
Intent of provisions, §10.01.010 139
State Motor Vehicle Laws – Adopted by reference, §10.01.020 139
State Motor Vehicle Laws – Copies on file for public use, §10.01.030 139
IMPOUNDMENT
Animals running at large – Prohibited, §7.04.030 107
Animals sold at auction – Moneys held in trust or paid to general fund, §7.04.070 107
Impounded animals – Notification for redemption of sale at public auction, §7.04.060 107
Impounded animals – Recordkeeping, §7.04.080 107
Pound – Location and specifications, §7.04.020 107
Poundkeeper designated duties, §7.04.050 107
Purpose, §7.04.010 106
Taking animals from pound or official custody prohibited, §7.04.040 107
Violation – Penalty, §7.04.060 108
INFRACTION See 1.02.010
INITIATIVE AND REFERENDUM
Submissions, §1.05.010 7
INSPECTIONS See 1.11.010
INTERMOUNTAIN GAS
Grant of franchise, §11.03.010 177, 178
Term, §11.03.020 178
INTERNATIONAL BUILDING CODE (I.B.C.) COMMITTEE
Appointment, §4.10.020 48
Bylaws, §4.10.050 48
Compensation, §4.10.030 48
Purpose, §4.10.010 48
Vacancies, §4.10.040 48
INTERNATIONAL FIRE CODE
International Fire Code adopted by reference, §15.07.010 236
INTOXICATING SUBSTANCES
Penalty, §8.07.070 121
Responsibility of other persons, §8.07.060 121
Sale, ingestion or inhalation of intoxicating chemicals prohibited, §8.07.050 120
J
JAYWALKING
Defenses, §8.09.050 127
Definitions, §8.09.020 127
Designating crossings, §8.09.040 127
Enforcement, §8.09.060 127
Purpose, §8.09.010 126
Unlawful crossing of public roadways, §8.09.030 127
Violation – Penalty, §8.09.070 127
JUVENILE CURFEW
Defenses, §9.03.060 135
Definitions, §9.03.020 134
Enforcement, §9.03.070 135
Juvenile curfew, §9.03.030 135
Parental violation of curfew hours, §9.03.040 135
Penalties, §9.03.080 135
Purpose, §9.03.010 134
Violation of curfew hours by business establishment, §9.03.050 135
L
LAND SURVEYING See 3.06.060
LIBRARY
Administration, §1.09.010 8
LITTERING
Deposits in public ways – Declared public nuisance – Penalty for failure to remove, §8.01.020 110
Deposits in public ways restrictions - Permit required for certain uses, §8.01.010 110
LIVESTOCK RESTRICTIONS
Driving stock off range restrictions, §7.01.030 103
Leading, riding or driving of animals on public grounds and in city parks, §7.01.010 103
Livestock at large prohibited, §7.01.020 103
Violation – Penalty of Section 7.01.030, §7.01.040 103
LOTS, OPEN AREA REQUIRED See 16.01.010
M
MACHINERY IN YARD, STORAGE OF See §8.06.030
MAYOR
CITY COUNCIL VOTE See 2.01.010
Duties of Mayor, §2.01.050 10
Mayor salary, §2.01.100 12
Messages to the Council, §2.01.090 12
Office of Mayor, §2.01.010 10
Police powers of Mayor, §2.01.070 12
Powers of Mayor, §2.01.060 11
Qualifications to hold the office of Mayor, §2.01.020 10
Special meetings of Council, calling, §2.01.080 12
Term of office, §2.01.040 10
Vacancy in the office of Mayor, §2.01.040 10
MAYOR’S YOUTH ADVISORY BOARD
Appointment, §4.05.020 45
Bylaws, §4.05.050 45
Compensation, §4.05.030 45
Purpose, §4.05.010 45
Vacancies, §4.05.040 45
METHAMPHETAMINE
Accessibility of methamphetamine precursor drugs, §8.07.030 120
Definitions, §8.07.010 119
Penalty, §8.07.040 120
Prohibited acts, §8.07.020 120
MISDEMEANOR See 1.02.020
MOBILE HOME – GENERAL PROVISIONS
Definitions, §14.01.020 216
Description and purpose of provisions, §14.01.010 216
MOBILE HOME – ZONING APPROVAL
Building permit and tentative approval, §14.05.010 221
Plot plans required, §14.05.020 221
MOBILE HOMES
Business license and fee requirements, §6.06.010 84
Display of license, §6.06.060 86
Improvement requirement to obtain a business license, §6.06.030 85
Licensing existing Mobile Home Parks, §6.06.020 84
Penalty of delinquency – new or renewal license fee, §6.06.040 86
Revocation of license, §6.06.070 86
Transfer of license, §6.06.050 86
MOBILE HOMES – CONDITIONS AND REGULATIONS
Access restrictions, §14.03.080 219
Density requirements, §14.03.010 218
Development of boundary lines, §14.03.030 218
Emergency sanitation facilities, §14.03.090 219
Minimum land area, §14.03.050 218
Permitted uses for Mobile Homes, §14.03.060 219
Service building requirements, §14.03.040 218
Setbacks from park boundary lines, §14.03.020 218
Sign regulations, §14.03.070 219
Skirting, §14.03.110 219
Structures, alterations, and additions, §14.03.100 219
MOBILE HOMES AND TRAVEL TRAILERS – HEALTH, SANITATION, AND MAINTENANCE REQUIREMENTS
Approval for incinerator construction, §14.09.040 226
Authorized personnel for incinerator use, §14.09.050 226
Communicable or contagious disease procedures, §14.09.080 226
Fire protection requirements, §14.09.070 226
Incinerator restrictions, §14.09.060 226
Insect and rodent control, §14.09.100 227
Liquefied petroleum gas restrictions, §14.09.110 227
Pet restrictions, §14.09.090 226
Refuse collection, §14.09.030 225
Refuse containers, §14.09.020 225
Refuse management intent, §14.09.010 225
Service buildings, §14.09.120 227
MOBILE HOMES AND TRAVEL TRAILERS – IMPROVEMENT REQUIREMENTS
Accessway and walkway lighting, §14.08.030 224
Drainage requirements, §14.08.060 224
Fenced storage area, §14.08.090 225
Laundry room facilities, §14.08.080 225
Mail delivery facilities, §14.08.100 225
Mobile home stand surfacing, §14.08.050 224
Patios and decks, §14.08.020 224
Public telephones, §14.08.070 225
Roadway surfacing, §14.08.010 224
Wiring to be underground, §14.08.040 224
MOBILE HOMES AND TRAVEL TRAILERS – LOCATION, PARKING, AND STORAGE RESCTRICTIONS
Location in Mobile Home Parks required, §14.02.010 216
Mobile Home Park auxiliary storage buildings, §14.02.090 217
Parking and storage of unoccupied Mobile Homes, Trailers or Travel Trailers, §14.02.060 217
Parking space provided for Travel Trailer Parks, §14.02.080 217
Parking space requirements for Mobile Homes, §14.02.070 217
Permit for temporary parking on private premises, §14.02.050 217
Travel Trailer patio and storage, §14.02.100 218
Travel trailer stands, §14.02.040 217
Wheel removal permissions, §14.02.030 216
Wheel removal restrictions, §14.02.020 216
MOBILE HOMES AND TRAVEL TRAILERS – REGISTRATION OF OCCUPANTS
Register of mobile homes, trailers, and occupants, §14.24.010 220
MOBILE HOMES AND TRAVEL TRAILERS – SITE REQUIREMENTS
Access ways, §14.06.010 221
Electricity, §14.06.040 222
Recreation area, §14.06.030 222
Sewage disposal, §14.06.050 222
Walkways, §14.06.020 221
Water supply accessibility, §14.06.060 222
Water supply piping and maintenance, §14.06.070 222
MOBILE HOMES AND TRAVEL TRAILERS – SPACE REQUIREMENTS
Mobile home space area, §14.07.010 223
Outdoor living area, §14.07.020 224
Parking stand required, §14.07.040 224
Patio and deck restrictions, §14.07.030 224
Space required between mobile homes, §14.07.050 224
Travel trailer park spaces, §14.07.018 223
Travel trailer space area, §14.07.015 223
MOTORCYCLES
Helmet required, §10.12.020 169
Riding regulations, §10.12.010 168
MUNICIPAL AIRPORT
Aircraft – Parking location and procedure, §10.15.070 173
Aircraft – Repair restrictions, §10.15.080 173
Aircraft – Tie down and blocking requirements, §10.15.100 174
Aircraft fueling – Grounding requirements, §10.15.260 175
Aircraft fueling – Smoking prohibited, §10.15.240 175
Aircraft fueling restrictions, §10.15.250 175
Airport manager – Authority to suspend operations, §10.15.030 173
Automobile parking restrictions, §10.15.120 174
Cleanliness responsibilities, §10.15.270 175
Commercial privilege restrictions, §10.15.280 175
Conformity with Civil Aeronautics Board regulations required, §10.15.020 173
Fire and safety regulations – Generally, §10.15.210 175
Ground rules generally, §10.15.060 173
Keeping runway clear, §10.15.160 174
Landing area restrictions, §10.15.090 173
Landings and takeoffs – Safe distance requirements, §10.15.190 175
Landings and takeoffs – Wind conditions, §10.15.180 174
Material and equipment storage – Fire hazards prohibited, §10.15.230 175
Motor vehicles prohibited beyond building line – Exceptions, §10.15.110 174
Operations using welding or open flame restrictions, §10.15.220 175
Person defined, §10.15.010 172
Public safety requirements – Airport manager authority, §10.15.040 173
Rules and regulations – Responsibility of instructors and students, §10.15.050 173
Taxiing – Conformance with approved patterns required, §10.15.170 174
Taxiing – Restrictions generally, §10.15.130 174
Taxiing – Restrictions on vehicles without brakes, §10.15.150 174
Taxiing – Speed limitation, §10.15.140 174
Turns after takeoff restrictions, §10.15.200 175
Violation – Penalty, §10.15.290 175
MUNICIPAL AIRPORT – TRAFFIC UPON AIRPORT RUNWAYS AND TAXI AREAS
Violation – Penalty, §10.15.310 176
MUNICIPAL AIRPORT – TRAFFIC UPON AIRPORT RUNWAYS AND TAXI AREAS
Unlawful acts, §10.15.300 176
MUNICIPAL INFRACTION See 1.02.010
MUSEUM COMMITTEE
Appointment, §4.09.020 48
Bylaws, §4.09.050. 48
Compensation, §4.09.030 48
Purpose, §4.09.010 47
Vacancies, §4.09.040 48
N
NO PARKING ON STREETS
November through March See §10.10.050
NO PASSING ZONES See §10.03.100
NOISE
Disturbing the peace, §9.07.010 137
Engine brakes – Penalty, §9.07.040 138
Engine brakes – Severability, §9.07.030 138
Unlawful use of engine brakes and compression brakes, §9.07.020 138
NOXIOUS WEEDS
City to perform work – Costs deemed lien, §8.03.030 116
Failure to comply with removal notice, §8.03.040 116
Noxious weeds declared public nuisance - Removal requirements, §8.03.010 116
Removal notice – Contents – Service and posting, §8.03.020 116
NUISANCE- GARBAGE/REFUSE See 8.02.030
NUISANCE- NOXIOUS WEEDS See 8.03.010
NUISANCE- RADIO INTERFERENCE See 8.05.010
NUISANCE- SIGNS See 10.07.070
NUISANCE- UNLICENSED DOGS See 7.02.050
NUISANCE-LITTERING See 8.01.020
O
OBSTRUCTIONS
Applicability of Sections 12.02.020 through 12.02.040, §12.02.010 182
Construction or maintenance of pumps, tanks, appliances, signs, etc. – Restrictions, §12.02.020 182
Excavations restrictions, §12.02.060 183
Injuring or obstructing streets deemed misdemeanor, §12.02.080 183
Railroad property – Malicious damage or destruction deemed misdemeanor, §12.02.090 183
Removal of certain objects required – Time limit – Abatement as public nuisance, §12.02.030 182
Riding or driving animals on sidewalks prohibited, §12.02.070 183
Sidewalk obstruction prohibited – Exception, §12.02.050 182
Violation of Sections 12.02.010 through 12.02.030 – Penalty, §12.02.040 182
Violation of Sections 12.02.050 through 12.02.090 – Penalty, §12.02.100 183
OFFICIAL NEWSPAPER
Official newspapers designated, §1.07.010 8
ONE WAY TRAFFIC See 10.03.100
OPERATION OF VEHICLES
Backing, §10.05.020 148
Crossing fire hose, §10.05.230 151
Depositing glass or debris on streets, §10.05.250 151
Driving on divided highways, §10.05.120 149
Driving on right hand side of roadway, §10.05.040 148
Driving on roadways laned for traffic, §10.05.100 149
Following fire apparatus, §10.05.220 151
Following too closely, §10.05.110 149
Limitations on overtaking on the left, §10.05.070 149
Manner of parking, §10.05.240 151
Method of giving hand and arm signals, §10.05.160 150
Obstruction to driver’s view, §10.05.020 148
Operation of vehicles on approach of authorized emergency vehicles, §10.05.210 151
Overtaking a vehicle on the left, §10.05.060 149
Overtaking a vehicle on the right, §10.05.080 149
Passing school bus, §10.05.090 149
Passing vehicles proceeding in opposite directions, §10.05.050 148
Position and method of turning at intersections, §10.05.130 150
Starting parked vehicle, §10.05.140 150
Starting parked vehicle, §10.05.150 150
State license required, §10.05.010 148
Unqualified drivers, §10.05.030 148
Vehicle approaching or entering intersection, §10.05.170 150
Vehicle entering-stop or yield intersection with crosswalk, §10.05.200 150
Vehicle entering-stop or yield intersection, §10.05.190 150
Vehicle turning left at intersection, §10.05.180 150
P
PACIFICORP dba UTAH POWER
Grant of franchise, §11.02.010 177
Term, §11.02.020 177
PARADES AND PUBLIC ASSEMBLIES
Alternative permit, §12.06.060 188
Appeal procedure, §12.06.070 188
Application, §12.06.020 187
Contents of permit, §12.06.080 188
Definitions, §12.06.010 187
Duties of permittee, §12.06.090 188
Emergency cancellation/termination, §12.06.120 188
Fees, §12.06.030 187
Notice of denial of application, §12.06.050 187
Prohibitions and regulations, §12.06.100 188
Severability, §12.06.130 188
Standards for issuance, §12.06.040 187
Violation – Penalties, §12.06.110 188
PARAKEETS See 7.03.010
PARK REGULATIONS
Alcoholic beverage restrictions, §12.04.090 185
Exceptions for government officials, §12.04.120 186
Hour of operation, §12.04.010 184
Non-designated vehicles prohibited in parks, §12.04.050 185
Posting of signs etc. prohibited without permission, §12.04.100 185
Prohibited acts, §12.04.030 185
Requirements concerning use of grounds and facilities, §12.04.020 184
Sales within any park prohibited without permission, §12.04.070 185
Smoking restrictions, §12.04.080 185
Some special activities prohibited, §12.04.040 185
Unleashed animals prohibited, §12.04.060
See also §6.04.010 185
Violation a misdemeanor, §12.04.110 186
PARKING METERS
Coins and keys – Tampering prohibited, §10.06.110 152
Definitions, §10.06.010 151
Installation, §10.06.030 152
Marking of spaces, §10.06.020 151
No charge exceptions, §10.06.080 152
Overtime parking prohibited, §10.06.070 152
Parking in more than one parking meter space, §10.06.120 152
Rates, §10.06.050 152
Restricted spaces, §10.06.060 152
Spaces and time limits, §10.06.040 152
Special use conditions and fees, §10.06.090 152
Use of unexpired time, §10.06.100 152
PARKING ON STREETS See 10.03.100
Winter restrictions See §10.10.050
PARKS AND RECREATION COMMITTEE
Appointment, §4.08.020 47
Bylaws, §4.08.050 47
Compensation, §4.08.030 47
Purpose, §4.08.010 47
Vacancies, §4.08.040 47
PARROTS See 7.03.010
PAWNBROKERS AND SECONDHAND STORES
Application, §6.08.030 90
Approval and issuance conditions, §6.08.040 91
Compliance with the law, §6.08.100 93
Definitions, §6.08.010 90
License fees, §6.08.050 91
License requirements, §6.08.020 90
Prohibited purchases, §6.08.110 94
Property holding period before resale, §6.08.090 92
Records – Open for inspection, §6.08.070 92
Records – Retention – Time, §6.08.080 92
Records to be kept – Contents, §6.08.060 91
PEDDLERS, SOLICITORS AND TRANSIENT MERCHANTS
Bonds, §6.02.100 72
Definitions, §6.02.010 70
Enforcement, §6.02.130 74
Exceptions, §6.02.030 71
Issuance investigation, §6.02.050 71
License application, §6.02.040 71
License exhibition, §6.02.070 72
License expiration, §6.02.090 72
License fees, §6.02.060 72
License required, §6.02.020 71
Licesnse renewal, §6.02.080 72
Location restrictions, §6.02.120 73
Unlawful conduct, §6.02.110 73
Violation – Penalty, §6.02.140 74
PEDESTRIANS
Crossing at other than a crosswalk, §10.13.030 169
Drivers to use due care, §10.13.050 169
Pedestrians on roadways, §10.13.060 169
Pedestrians subject to traffic regulations, §10.13.010 169
Pedestrians to use right half of crosswalks, §10.13.040 169
Right-of-way in crosswalks, §10.13.020 169, 170
PENALTY
Severability, §1.02.030 2
Violations and penalty - Misdemeanors, §1.02.020 2
Violations and penalty - Municipal infractions, §1.02.010 2
PLANNING AND ZONING COMMISSION
Chairman – Meetings – Rules – Recordkeeping required, §4.01.030 40
Creation – Composition and appointment, §4.01.010 40
Expenditure restrictions, §4.01.060 41
Powers and duties generally, §4.01.040 40
Term of office – Expiration, §4.01.020 40
Zoning commission duties, §4.01.050 41
PLUMBERS
Apprentice registration and work supervision, §6.05.180 84
Certificate of competency required, §6.05.020 81
Classification of competency – Generally, §6.05.060 82
Classifications – Plumbing apprentice, §6.05.090 83
Classifications – Plumbing contractor, §6.05.070 82
Classifications – Plumbing journeyman, §6.05.080 82
Fees, §6.05.120 83
Issuance through authorized agent, §6.05.030 82
Journeyman plumber’s license – Application, §6.05.160 84
Journeyman plumber’s license – Renewal, §6.20.070 84
Liability not assumed by municipality, §6.05.130 83
License required, §6.05.110 83
Master plumber’s license – Application, §6.05.140 83
Master plumber’s license – Renewal, §6.05.150 84
Plumbing business - License required, §6.05.010 81
Sewer contractor licensing, §6.05.040 82
State certificate required – Examination, §6.05.050 82
Violation – Penalty, §6.05.100 83
POLICE DEPARTMENT
Department Established, §3.04.010 34
Department functions, §3.04.020 34
Peace Officer training, §3.04.040 35
Regulations – Administration and enforcement authority, §3.04.030 34
PROPERTY NUISANCES
Abatement by city, §8.06.050 119
Abatement by property owners, §8.06.040 119
Exterior storage of non-operating vehicles – Prohibited, §8.06.030 118
Nuisance defined, §8.06.010 118
Responsibilty for maintenance, §8.06.020 118
Violation – Penalty, §8.06.060 119
Violation of safety regulations for building, facility or park, §8.06.070 119
PUBLIC INTOXICATION
Public drunkenness, §9.06.010 137
PUBLIC WORKS DIRECTOR
Powers and duties, §2.03.180 28
PUBLIC WORKS DIRECTOR
Appointment, §2.03.170 28
R
RABBITS See 7.03.010
RADIO INTERFERENCE
Apparatus or devises causing radio interference, §8.05.020 118
Apparatus or devises causing radio interference,INTERFERENCE
Nuisance and misdemeanor, §8.05.010 117
RAILROADS
Grade crossing – Obedience to signal, §10.14.010 170
Oregon Shortline right of way, §10.14.020 170
Railroad destruction – Misdemeanor, §10.14.070 171
Railroad liability, §10.14.050 171
Railroad street crossings required, §10.14.090 172
Railroad water crossings required, §10.14.080 171
Right of way conditions, §10.14.040 171
Right of way restrictions, §10.14.060 171
St. Anthony Railroad right of way, §10.14.030 170
Train speed, bell, and standing regulations, §10.14.100 172
Violation – Penalty, §10.14.110 172
RECORDKEEPING
Retention of permanent records 29
RECREATION DIRECTOR
Duties and powers, §2.03.160 28
RENTAL REGISTRATION
Business – Change of ownership, §6.11.110 101
Definitions, §6.11.040 100
General provisions, §6.11.030 99
Interpretation of provisions – Unlawful business, §6.11.120 101
Non-parking agreements, §6.11.160 102
Owner responsibility, §6.11.170 102
Parking space management, §6.11.140 102
Parking space restrictions, §6.11.150 102
Purpose, §6.11.010 99
Registration – Application – Issuance procedure, §6.11.060 101
Registration – Fees – Refund, §6.11.080 101
Registration – Fees – Schedule, §6.11.070 101
Registration – Separate registration required, §6.11.100 101
Registration – Terms – Proration, §6.11.090 101
Registration requirements, §6.11.050 100
Regulations, §6.11.020 99
Right to refuse or revoke registration, §6.11.130 101
Violation – Penalty, §6.11.180 102
REVOLVING LOAN FUND
Establishment - Use of fund, §5.04.010 55
Purpose, §5.12.030 55
Repayment conditions, §5.04.020 55
Withdrawals, §5.12.040 55
REXBURG BEAUTIFICATION COMMITTEE
Appointment, §4.07.020 46
Bylaws, §4.07.050 47
Compensation, §4.07.030 46
Purpose, §4.07.010 46
Vacancies, §4.07.040 47
REXBURG STANDARD JOURNAL NEWSPAPER See 1.07.010
RIGHT OF ENTRY FOR INSPECTION
Inspection authorization – Procedures required, §1.11.010 8
S
SCRAP METAL DEALERS
Application, §6.09.030 95
Approval and issuance conditions, §6.09.040 96
Compliance with the law, §6.09.110 97
Definitions, §6.09.010 95
License fees, §6.09.050 96
License required, §6.09.020 95
Property holding period before resale, §6.09.090 96
Records – Open for inspection, §6.09.070 96
Records – Retention – Time, §6.09.080 96
Records to be kept – Contents, §6.09.060. 96
Severability, §6.09.120 97
Storage of scrap – Exceptions, §6.09.100 96
SEWERS See §3.06.030
SIGN CODE
Clear view of intersecting streets, §15.06.030 235
Copies on file, §15.06.060 236
Definitions, §15.06.010 235
Maximum height, §15.06.040 235
Permits and fees, §15.06.050 236
Safe sign construction, §15.06.020 235
Severability, §15.06.070 236
Violation – Penalty, §15.06.080 236
SNOWBALLS AND OTHER OBJECTS THROWN
Objects thrown or obstructing – Prohibited, 9.01.010 133
Obstructing streets and sidewalks – Prohibited, §9.01.020 133
Violation of Sections 9.01.010-9.01.020 – Penalty, §9.01.030 133
SOLID WASTE COLLECTION See 3.06.040
SPEED LIMITS
Basic rule, §10.08.010 154
Charging violations of speed regulations, §10.08.060 155
Establishment of speed zones, §10.08.040 155
Minimum speed regulations, §10.08.050 155
Prima facie limits, §10.08.020 154
When reduced speed required, §10.08.030 154
STOPPING, STANDING AND PARKING – FIRE LANES OR HAZARDOUS AND CONGESTED AREAS
No stopping, standing or parking near hazardous or congested places or within non-parking zones, §10.09.630 164
Standing or parking within access roadways for fire apparatus, §10.09.620 164
Violation – Penalty, §10.09.640 164
STOPPING, STANDING AND PARKING – GENERAL
Airport parking – signs and markings, §10.09.130 157
Angle or parallel parking – Signs or markings, §10.09.090 156
Application of chapter provisions, §10.09.010 155
Buses and taxicabs – Parking restrictions, §10.09.180 157
Buses and taxicabs – Stand use restrictions, §10.09.190 157
City and County employee parking – Areas designated, §10.09.140 157
Continuous movement required, §10.09.040 156
Disabled parking – Out of state vehicles, §10.09.120 156
Disabled parking violation enforcements, §10.09.110 156
Double parking, standing or stopping, §10.09.240 158
Handicapped parking – Public property, §10.09.100 156
Lights on parked vehicles, §10.09.070 156, 157, 158, 159, 160, 161
Moving illegally parked vehicles – Police authority, §10.09.360 159
No stopping or parking – Color markings and signs, §10.09.160 157
Obstructing traffic by parking prohibited, §10.09.320 159
One-way roadway restrictions, §10.09.230 158
Opposite traffic – Parallel, §10.09.080 156
Parking for certain purposes prohibited, §10.09.340 159
Parking in alleys, §10.09.220 158
Parking on sidewalk area prohibited, §10.09.330 159
Parking prohibited – Locations, §10.09.310 159
Parking signs required, §10.09.050 156
Parking violation – Owner’s responsibility, §10.09.350 159
Procedure for leaving vehicle unattended, §10.09.060 156
Prohibited parking for restricted vehicles, §10.09.290 159
Public carrier and bus stands, §10.09.170 157
Registration of vehicle plates, §10.09.030 155
Regulations not exclusive, §10.09.020 155
Residential parking lots owned by the city, §10.09.150 157
Restricted parking zones, §10.09.210 158
Severability, §10.09.400 160
Stopping or parking – Prohibited in certain areas, §10.09.260 158
Stopping or parking – Roadways without curb, §10.09.250 158
Streets – Parking prohibited at all times, §10.09.280 158
Streets – Parking prohibited during certain hours, §10.09.300 159
Taxicab stands – Establishment and signs, §10.09.200 158
Time-limited parking on certain streets, §10.09.270 158
Unathorized use of streets – Strict liability of owner, §10.09.380 159
Unauthorized use of streets – Appeal procedures, §10.09.390 160
Unauthorized use of streets, parking lots and other areas – Penalties, §10.09.370 159
STOPPING, STANDING AND PARKING – PARKING AND LOADING ZONES
Designation – Signs required, §10.09.510 162
Established – City Council authority, §10.09.500 161
Freight curbs loading zones, §10.09.610 163
Loading zone use restrictions, §10.09.530 162
Loading zones and restricted parking – Designation and signs, §10.09.600 163
Operating time defined, §10.09.490 161
Parking – Procedures, §10.09.540 162
Parking spaces to be marked, §10.09.520 162
Parking violation – Enforcement – Notice or citation, §10.09.570 162
Parking violation – Failure to respond to citation, §10.09.590 163
Parking violation – Penalties, §10.09.560 162
Parking violations, §10.09.580 163
Unlawful parking, §10.09.550 162
STOPPING, STANDING AND PARKING – RESTRICTIONS GENERALLY
Abandoned vehicles, §10.09.440 161
Impoundment fees – Payment prerequisite to release of vehicle, §10.09.470 161
No parking on portion of North Second East Street, §10.09.480 161
Parking – Alley restrictions, §10.09.410 160
Parking – Restrictions – Signs required, §10.09.450 161
Parking – Trucks prohibited in residential sections, §10.09.420 160
Repairing vehicles on street restrictions, §10.09.430 160
Vehicles parked in violation of Section 10.09.450 – Removal and impoundment authorized, §10.09.460 161
STORAGE OF VEHICLES OR PROPERTY ON STREETS
Authority to take possession of abandoned property, §10.10.020 165
Impounded property – Conditions of sale, §10.10.100 166
Impounded property – Proceeds of sale, §10.10.110 166
Impounded property – Recordkeeping and storage requirements, §10.10.080 166
Impounded property – Sale – Notice requirements, §10.10.090 166
Impoundment and reclaiming procedure, §10.10.070 165
Leaving or storing property on certain streets, §10.10.040 165
Penalty, §10.10.140 167
Repossession of personal property – Payment of costs, §10.10.120 166
Use of certain streets and alleys restricted – From November 1st through March 1st, §10.10.050 165
Using streets for storage of motor homes, boats and trailers prohibited, §10.10.060 165
Using streets for storage prohibited, §10.10.010 165
Warrant in favor of owner of article – Conditions – City Council authority, §10.10.130 167
West Fourth Street restrictions, §10.10.030 165
STREET NAME AND NUMBERING SYSTEM
College Avenue and Carlson Avenue designated, §12.03.020 184
Directional prefixes for street names – System described, §12.03.030 184
Numbers and letters required – Police Chief duties, §12.03.040 184
Street naming system described, §12.03.010 183
STREETS DEVELOPMENT IMPACT FEE REPORT
Administration of impact fee, §5.05.100 58
Appeals, §5.05.130 59
Application, §5.05.040 56
Bonding, §5.05.160 60
Calculation of impact fee, §5.05.070 57
Capital improvement projects, §5.05.010 57
Collection of impact fees, §5.05.050 56
Credits and reimbursement, §5.05.110 58
Definitions, §5.05.030 56
Effects of impact fee on zoning and subdivision regulation, §5.05.170 60
Extraordinary impacts, §5.05.140 60
Findings, §5.05.010 55
General methodology of calculation, §5.05.080 58
Inflationary adjustment for impact fee, §5.05.090 58
Other powers and rights not affected, §5.05.180 61
Refunds, §5.05.120 58
Streets Development Impact Fee Report, §5.05.010 60
The Report, §5.05.190 61
Title and purpose, §5.05.020 55
STREETS, SIDEWALKS AND PUBLIC PROPERTY
Business upon public sidewalks – Exceptions, §12.01.100 181
Business upon public sidewalks, §12.01.090 180
Conformity with average setback, §12.01.140 181
Existing sidewalks, §12.01.070 180
Indemnifying liability, §12.01.110 181
New Owners, §12.01.050 180
Obstruction of sidewalks, §12.01.080 180
Reconstruction, §12.01.060 180
Sidewalk minimum requirements, §12.01.040 180
Sidewalks in all areas of the city, §12.01.010 179
Sidewalks less than six feet, §12.01.120 181
Standard Drawings and Specifications, §12.01.020 179
Subdivision annexation, §12.01.030 179
Violation – Penalty, §12.01.130 181
SUBDIVISION REGULATIONS
Copies on file, §16.08.020 250
Ordinance adopted, §16.08.010 250
T
TABERNACLE CIVIC CENTER COMMITTEE
Appointment, §4.02.020 41
Bylaws, §4.02.050 42
Compensation, §4.02.030 41
Purpose, §4.02.010 41
Vacancies, §4.02.040 41
THROWN OBJECTS
Stones, sticks, snowballs, eggs, bombs and missles See 9.01.010
TOWING AND BOOTING
Application, §6.10.030 97
Definitions, §6.10.010 97
Duty to display license, §6.10.060 98
Investigation by Police Department, §6.10.070 98
Issuance and renewal conditions, §6.10.040 98
License fees, §6.10.050 98
License required, §6.10.020 97
Non-consensual towing and booting practices on multi-unit residential private properties, §6.10.090 99
Repeal, §6.10.110 99
Severability, §6.10.120 99
Towing sign requirements for non-residential commercial lots, §6.10.080 98
Violation – Penalty, §6.10.100 99
TRAFFIC ARRESTS
Appearance in police court, §10.03.180 144
Arrest without warrant, §10.03.220 145
Evidence not permissible in civil action, §10.03.230 145
Failure to appear, §10.03.210 145
Parking citations, §10.03.240 145
Posting of bail, §10.03.200 145
Traffic citations, §10.03.190 144
TRAFFIC CONTROL DEVICES
Adoption of uniform system, §10.07.010 153
Display of unauthorized signals or signs, §10.07.070 153
Flashing signals, §10.07.060 153
Interference with official traffic control devices, §10.07.080 154
Obedience to traffic control devices, §10.07.030 153
Pedestrian control signals, §10.07.050 153
Placement of signs and signals, §10.07.020 153
Traffic control signal legend, §10.07.040 153
TRAFFIC SAFETY COMMISSION
Creation, §4.14.010 51
Duties, §4.14.060 51
Meetings, §4.14.050 51
Membership and Terms of Office, §4.14.020 51
Organization, §4.14.040 51
Vacancies, §4.14.030 51
TRAILS OF MADISON COUNTY COMMITTEE (JOINT CITY/COUNTY)
Appointment, §4.13.020 50
Bylaws, §4.13.050 50
Compensation, §4.13.030 50
Purpose, §4.13.010 50
Vacancies, §4.13.040 50
TRAVEL TRAILERS – CONDITIONS AND REGULATIONS
Applicability of provisions – Exceptions §14.03.170 220
Attendant required, §14.03.160 220
Duration of permit, §14.03.130 220
Minimum size requirement, §14.03.180 220
Permit fees, §14.03.140 220
Permit requirements, §14.03.120 219
Service building requirements, §14.03.150 220
TREES AND PLANTS
Abatement of public nuisances, §8.08.090 125
Appeals, §8.08.100 126
Applicability, §8.08.020 122
Definitions, §8.08.010 122
Establishment or designation of Commision, §8.08.040 123
Jurisdiction, §8.08.030 123
Penalties for violation, §8.08.070 125
Permits, §8.08.060 124
Public nuisances, §8.08.080 125
Responsibilities of adjacent property owners, §8.08.050 124
Severability, §8.08.110 126
TURKEYS See 7.03.020
U
UPPER VALLEY ARTS COMMITTEE
Appointment, §4.06.020 46
Bylaws, §4.06.050 46
Compensation, §4.06.030 46
Purpose, §4.06.010 46
Vacancies, §4.06.040 46
UPPER VALLEY TELECABLE COMPANY, INC.
Term, §11.01.010 177
URBAN RENEWAL
Downtown district redevelopment plan, §16.09.040 251
North Highway, §16.09.020 251
Urban renewal agency, §16.09.010 250
Washington School, §16.09.030 251
V
VAGRANCY
Vagancy prohibited – Penalty, 9.08.010 138
VEHICLE EQUIPMENT
Additional equipment required on certain vehicles, §10.04.040 146
Brakes, §10.04.090 147
Color of lamps and reflectors, §10.04.050 146
Head lamps, §10.04.020 146
Horns and warning devices, §10.04.100 147
Lamp or flag on projecting load, §10.04.060 146
Lamps on other equpimpent and vehicles, §10.04.080 147
Lamps on parked vehicles, §10.04.070 147
Mirrors, §10.04.120 147
Mufflers, prevention of noise, §10.04.110 147
Tail lamps, §10.04.030 146
Vehicles in unsafe condition, §10.04.010 145
Windshields, §10.04.130 148
VEHICLES IN YARD, STORAGE OF See §8.06.030
VEHICLES ON PREMISES, STORAGE OF See §8.06.030
W
WASTEWATER RATES AND CHARGES
Delinquency notice – Pretermination hearing, §13.04.150 214
Delinquent bills attributable to prior consumers, §13.04.160 214
Enforcement, §13.04.180 215
Metered service, §13.04.130 213
User rates – Basis, §13.04.020 211
User rates – Generally, §13.04.010 211
User rates – Request for change, §13.04.050 212
User rates – Review and revision, §13.04.040 212
User rates – Surcharge for excessive strength, §13.04.030 212
Violation – Penalty, §13.04.170 215
Wastewater connection – Business block or shopping center – Full and half fee, §13.04.100 213
Wastewater connection – Fees, §13.04.070 212
Wastewater connection – Full fee requirements, §13.04.080 213
Wastewater connection – Half fee, §13.04.090 213
Wastewater connection – Required, §13.04.060 212
Wastewater connection – Subdivision of unimproved property – Collection lines required – Costs, §13.04.110 213
Wastewater main charge, §13.04.120 213
Water and wastewater bills combined – Delinquency notice, §13.04.140 214
WASTEWATER REGULATIONS
Connection to public sewer – Authorized personnel required – Accountability, §13.03.020 197
Injuring sewers or appurtenances prohibited, §13.03.090 198
Manholes – Opening prohibited – Exception, §13.03.070 198
Permit – Application – Fee – Issuance conditions, §13.03.040 197
Permit – Compliance with certain plumbing regulations prerequisite to issuance, §13.03.050 198
Permit – Revocation conditions, §13.03.060 198
Permit requirements – Posting, §13.03.030 197
Private wastewater facilities – Discontinuance cleaning and filling requirements, §13.03.010 197
Prohibited discharges – Garbage or other obstructions, §13.03.080 198
Violation – Penalty, §13.03.100 198
WASTEWATER REGULATIONS – ADMINISTRATIVE ENFORCEMENT REMEDIES
Administrative fines, §13.03.660 207
Cease and desist orders, §13.03.650 207
Compliance orders, §13.03.640 207
Consent orders, §13.03.620 206
Emergency suspensions, §13.03.670 207
Notification of violation, §13.03.610 206
Show cause hearing, §13.03.630 206
WASTEWATER REGULATIONS – AFFIRMATIVE DEFENSES TO DISCHARGE VIOLATIONS
Bypass, §13.03.790 210
Defining 210
Prohibited discharge standards, §13.03.780 210
WASTEWATER REGULATIONS – COMPLIANCE MONITORING
Inspection and sampling, §13.03.570 205
Monitoring facilties, §13.03.580 205
Search warrants, §13.03.590 205
Vandalism, §13.03.600 206
WASTEWATER REGULATIONS – GENERAL PROVISIONS
Abbreviations, §13.03.140 199
Administration, §13.03.120 198
Definitions, §13.03.130 199
Purpose and policy, §13.03.110 198
WASTEWATER REGULATIONS – GENERAL REQUIREMENTS
Additional pretreatment measures, §13.03.250 200
City’s right of revision, §13.03.200 199
Deadline for compliance with applicable pretreatment requirements, §13.03.240 200
Dilution, §13.03.220 199
Federal categorical pretreatment standards, §13.03.170 199
Local limits, §13.03.190 199
Pretreatment facilities, §13.03.230 200
Prohibited disharege standards, §13.03.160 199
Septic tank wastes, §13.03.270 200
Special agreement with users, §13.03.210 199
State requirements, §13.03.180 199
WASTEWATER REGULATIONS – INDUSTRIAL WASTEWATER DISCHARGE PERMIT
Data disclosure form contents, §13.03.320 202
Permit appeals, §13.03.360 202
Permit contents, §13.03.350 202
Permit decisions, §13.03.340 202
Permit duration, §13.03.370 202
Permit modification, §13.03.380 202
Permit reissuance, §13.03.410 203
Permit requirements, §13.03.280 201
Permit revocation, §13.03.400 203
Permit transfer, §13.03.390 202
Permitting – Existing SIU, §13.03.290 201
Permitting – New source and new user , §13.03.300 201
Signatory and certification requirements, §13.03.330 202
A
ACCESS TO STREETS, ALLEYS AND PUBLIC SIDEWALKS
Clearance for pedestrian passage, §12.05.060 186
Liability insurance – Required, §12.05.050 186
Obstruction unlawful, §12.05.010 186
Public use of sidewalk - Restricted, §12.05.020 186
Public use of sidewalks – Exceptions, §12.05.040 186
Selling, displaying or advertising of merchandise – Restricted, §12.05.030 186
Violation – Penalty, §12.05.070 186
AIRPORT BOARD (JOINT CITY/COUNTY)
Appointment, §4.12.020 49
Bylaws, §4.12.050 50
Compensation, §4.12.030 50
Purpose, §4.12.010 49
Vacancies, §4.12.040 50
APARTMENTS
Application – Issuance procedure, §6.04.030 79
Business – Change of ownership, §6.04.080 80
Definitions, § 6.04.010 78
Fee – Schedule, §6.04.040 79
Fees – Refund, §6.04.050 80
Interpretation of provisions – Unlawful business, §6.04.090 80
Non-parking agreements, §6.04.130 81
Owner responsibility, §6.04.140 81
Parking space management, §6.04.110 80
Parking space restrictions, §6.04.120 81
Penalties, §6.04.150 81
Residential rental -- Registration required, §6.04.020 79
Right to refuse or revoke registration, §6.04.100 80
Separate Registration Required, §6.04.070 80
Term – Proration, §6.04.060 80
APPOINTIVE OFFICERS
Oaths of office, §2.03.020 20
Table of departments and heads, §2.03.010 20
ARTS FEE ON CAPITAL IMPROVEMENT PROJECTS
Administrative responsibilities, §5.02.040 54
Definitions, §5.02.020 53
General requirements for art, §5.02.030 53
Purpose, §5.02.010 53
Source of funds, §5.02.050 54
B
B-B GUNS See 9.02.010
BEER SALES
Application – Fees, §6.03.090 76
Application – Information required, §6.03.080 76
Definitions, §6.03.010 74
Denial or revocation of license authorization, §6.03.120 77
Employees – Health certificate requirements, §6.03.130 77
Hours when sales prohibited, §6.03.150 77
Issuance conditions generally – County license prerequisite, §6.03.030 74
Issuance prohibited to food stores or general merchandise businesses – Exceptions, §6.03.070 75
Issuance prohibited to nonresidents, §6.03.040 75
Issuance prohibited to premises in certain locations, §6.03.060 75
Issuance prohibited to premises lacking direct access to public street, §6.03.050 75
License requirements, §6.03.020 74
Licensing year, §6.03.100 77
Posting of license required, §6.03.110 77
Premises to be sanitary and orderly, §6.03.140 77
Violation – Penalty, §6.03.160 78
BICYCLES
Prohibited on sidewalks, §10.11.010 167
Speed restrictions, §10.11.020 167
Violation – Penalty, §10.11.030 167, 168, 169, 170
BUILDING CODE
Amendments, §15.01.020 228
Fees, §15.01.030 228
Severability, §15.01.040 229
Uniform Building Code adopted by reference – Copies on file, §15.01.010 228
Violation – Penalty, §15.01.050 229
BUILDINGS, DENSITY OF POPULATION See 16.01.010
BUILDINGS, HEIGHT OF See 16.01.010
BUILDINGS, LOCATION See 16.01.010
BUILDINGS, NUMBER OF STORIES See 16.01.010
BUILDINGS, SIZE OF See 16.01.010
BUILDINGS, USE OF See 16.01.010
BUSINESS LICENSES
Administrative appeals, §6.01.080 64, 65
Alternative methods, §6.01.140 66
Application, §6.01.060 64
Definitions, §6.01.020 62
Duty to issue, §6.01.110 66
Fake repairs prohibited, §6.01.150 67
Fee payment required, §6.01.050 64
Fire extinguishers, §6.01.120 66
Inspections, §6.01.130 66
License fees, §6.01.040 63, 64
Number limitations, §6.01.100 65
Recordkeeping, §6.01.090 65
Scope, §6.01.010 62
Term of license, §6.01.070 64, 65
Types of fees, §6.01.030 63
Violation – Penalty, §6.01.160 67
C
CANARIES See 7.03.010
CAPITAL IMPROVEMENTS FUND
Disposition and expenditure of collected funds, §5.01.020 53
Tax levy - Restrictions, §5.01.010 53
CEMETERY
Administration, §1.08.010 8
CHICKENS See 7.03.020
CHIEF OF EMERGENCY SERVICES
Assistant Chiefs of Emergency Services, §2.03.110 24
One person, §2.03.090 23
Powers and duties, §2.03.100 23
CHIEF OF POLICE
Appointment, §2.03.140 27
Powers and duties, §2.03.150 27
CITY ATTORNEY
Appointment, §2.03.120 25
Powers and duties, §2.03.130 25
CITY CLERK
Appointment, §2.03.070 22
One person, §2.03.060 22
Powers and duties, §2.03.080 22
CITY COUNCIL
Agenda, §2.02.040 14
Boards, commissions and committees, §2.02.140 18
Change in number of Council Members, §2.02.230 19
Classifications of bills, ordinances and resolutions, §2.02.130 17
Council member salary, §2.02.160 18
Duty to vote, §2.02.120 17
Examination of accounts of fiscal officers, §2.02.240 20
Executive session, §2.02.030 13
Minutes, §2.02.050 14
Physical presence, §2.02.110 17
Powers of the Council, §2.02.220 19
President of the Council, election of, §2.02.190 18
President of the council, election of, §2.02.20. 18
Presiding officer, §2.02.060 14
Procedural motions, §2.02.080 15
Qualifications to hold the office of city Council Member, §2.02.170 18
Reading of bills and resolutions, §2.02.140 17
Regular meetings - Time and place, §2.02.010 12
Renewal of a motion, §2.02.100 17
Special meetings - Procedure, §2.02.020 13
Substantive motions, §2.02.070 15
Term of office for city council members, §2.02.180. 18
Unresolved questions, §2.02.150 18
Vacancies on the Council and appointment to the Council, §2.02.210 18
Withdrawal of a motion, §2.02.090 17
CITY COUNCIL QUORUM See 2.02.010
CITY LIMITS See 1.03.010
CITY RIGHT OF WAY
Responsibility of adjacent property owners See 8.08.050
CITY SEAL
Previous City Seal, §1.06.020 7
Redesigned City Seal and Logotype, §1.06.030 7
Use of City Seal, §1.06.010 and 2.03.080 7
CITY TREASURER
Appointment of Director, §2.03.040 21
One person, §2.03.030 21
Powers and duties, §2.03.050 21
CLEAN AIR – BOWLING ALLEYS
Owner responsibilities, §8.10.030 128
Prohibitions, §8.10.020 128
Purpose, §8.10.010 127
Violation – Penalty, §8.10.040 128
CODE ADOPTION
Code not to affect prior offenses, rights, etc., §1.01.060 2
Construction, §1.01.040 1
Definitions and interpretations of terms, §1.01.010 1
Grammatical interpretation of terms, §1.01.020 1
Prohibited acts include causing, permitting or concealing, §1.01.030 1
Repeal shall not revive any ordinances, §1.01.050 2
COIN OPERATED DEVICES
Application for license, §6.07.030 87
Definitions, §6.07.010 86
Hours when use prohibited, §6.07.090 89
Issuance of license, §6.07.050 88
License fees, §6.07.040 87
License required, §6.07.020 87
Premises, §6.07.060 88
Revocation and cancellation of licenses, §6.07.080 89
Subsitute licenses, §6.07.070 88
Violation – Penalty, §6.07.100 89
COMPOST PILES See 8.02.110
COMPREHENSIVE PLAN
Adoption, §16.03.010 249
D
DEAD ANIMALS
City marshal – Authority to bury dead animals, §7.05.020 108
Removal or burial requirements, §7.05.010 108
Violation – Penalty, §7.05.030 108
Department Heads See 2.03.010
DEPARTMENT OF EMERGENCY SERVICES
Building inspections, §3.03.040 33
Drills, §3.03.030 33
Firemen, §3.03.020 32
Organization, §3.03.010 32
DEPARTMENT OF FINANCIAL MANAGEMENT
Department established, §3.01.010 30
Departmental functions, §3.01.020 30
Divisions, §3.01.030 30
DEPARTMENT OF GEOGRAPHICAL INFORMATION SYSTEMS
Department established, §3.07.010 38
DEPARTMENT OF PUBLIC WORKS
Department established, §3.06.010 35
Division of Streets Department, §3.06.020 35
Engineering Department, §3.06.060 37
Planning and Zoning Department, §3.06.080 38
Sanitation Department, §3.06.040 36
Shop Department, §3.06.050 37
Wastewater Department, §3.06.030 36
Water Department, §3.06.070 37
DEPOSITORIES
Depositories designated, §1.10.010 8
DEVELOPMENT CODE
Adoption, §16.01.010 247
DEVELOPMENT IMPACT FEE
Administration of impact fees, §16.02.080 248
Appeals, §16.02.100 248
Bonding, §16.02.120 248
Calculation of impact fees, §16.02.050 248
Captal improvement projects, §16.02.130 248
Collection of impact fees, §16.02.040 248
Credits and reimbursements, §16.02.070 248
Definitions, §16.02.020 247
Development Impact Fee Report reference, §16.02.150 249
Effect of impact fee on zoning and subdivision regulations, §16.02.140 249
Exemptions, §16.02.030 248
Extraordinary impacts, §16.02.110 248
General methodology for calculation, §16.02.060 248
Other powers and rights not affected, §16.02.150 249
Refunds, §16.02.090 248
Title and purpose, §16.02.010 247
DISTURBING THE PEACE See 7.02.060
DOGS
Abandonment of animals, §7.02.120 105
Amount of license, §7.02.020 104
Cruelty prohibited, §7.02.100 105
Definition of owner, §7.02.130 105
Disturbing the peace, §7.02.060 104
Issuance of license, §7.02.030 104
Leash requirements – Feces disposal – Exception, §7.02.090 105
Licensing of dogs, §7.02.010 104
Metal tag requirement, §7.02.040 104
Public disposition of animals, §7.02.110 105
Repealing ordinances, §7.02.150 106
Running at large exception, §7.02.080 105
Running at large restrictions, §7.02.070 105
Unlicensed dogs – Impoundment, §7.02.050 104
Violation – Penalty, §7.02.140 106
DOGS – LICENSE REQUIREMENTS
Citation – In lieu of impoundment, §7.04.120 107
Citation – Issuance, §7.04.130 108
Destruction of dogs, §7.04.160 108
Impoundment – Duties of Policemen and Poundmaster, §7.04.090 107
Impoundment and redemption of unlicensed dogs, §7.04.110 107
Notice of impoundment and redemption of licensed dogs, §7.04.100 107
Rabies – Destruction, §7.04.150 108
Rabies – Quarantine, §7.04.140 108
Unlawful to interfere with seizure or destruction of dogs, §7.04.170 108
DOWNTOWN VISION COMMITTEE
Appointment, §4.04.020 44
Bylaws, §4.04.050 45
Compensation, §4.04.030 45
Purpose, §4.04.010 44
Vacancies, §4.04.040 45
E
ELECTION
Election poll hours, §1.04.0330 7
Election precincts, §1.04.010 4
Election precincts, §1.04.020 4
ELECTRICAL CODE
Copies on file, §15.04.020 231
Electrical code adopted by reference, §15.04.010 231
ENFORCEMENT
Accident investigation duties, §10.03.060 141
Annual traffic report required, §10.03.080 142
Applicability of State law, §10.03.010 140
Authority to regulate traffic movement, §10.03.100 142
Authorized emergency vehicles, §10.03.130 143
Driving under the influence, §10.03.150 143
Excessive violations, §10.03.070 142
Exemption of persons and equipment working on streets, §10.03.120 142
Funeral processions, §10.03.090 142
Negligent driving, §10.03.170 144
Obedience by police officers, §10.03.040 141
Obedience to police officers, §10.03.030 141
Persons riding or driving animal – drawn vehicle, §10.03.140 143
Play streets – Police chief authority to designate, §10.03.110 142
Reckless driving, §10.03.160 143
Traffic record requirements, §10.03.050 141
Traffic regulations, §10.03.020 140
EXCAVATIONS
Asphalt repairs – Completion time, §15.03.080 230
Asphalt repairs – Performed by city when – Costs, §15.03.090 231
Backfiling and asphalt repairs – Specifications – Permittee responsibility, §15.03.060 230
Permit – Application – Notice of commencement of work, §15.03.030 230
Permit – Bond, §15.03.040 230
Permit – Insurance required, §15.03.050 230
Permit – Required – Recordkeeping, §15.03.020 229
Precautions to prevent injury required – Penalty for failure to provide, §15.03.100 231
Safeguarding and maintenance responsibility, §15.03.070 230
Standards applicable, §15.03.010 229
Violation deemed misdemeanor, §15.03.110 231
EXPLOSIVES
Firecrackers, torpedoes, firearms, air guns, pneumatic gun, spring gun, B-B guns, rockets, grenades, molotov cocktails, artillery projectiles, pistols, catapult, flippers, ice bombs,
pipe bombs and black powder bombs See 9.02.010
F
FIRE DEPARTMENT LOCK BOX
Purpose, §15.08.010 243
FIRE EXTINGUISHERS See 6.01.120
FIRECRACKERS See 9.02.010
FIRES, RECREATIONAL See 8.02.120
FIREWORKS
Discharge prohibitions - Exceptions, §8.04.040 117
Purpose and intent of provisions, §8.04.010 116
Restrictions on possession, §8.04.050 117
State Fireworks Law – Adopted by reference, §8.04.020 117
State Fireworks Law – Copies filed for public examination, §8.04.030 117
Violation – Penalty, §8.04.060 117
FISH See 7.03.010
FLOOD DAMAGE PREVENTION
Abrogation and greater restrictions, §15.09.090 245
Application for development permit, §15.09.130 245
Basis for establishing the areas of special flood hazard, §15.09.070 244
Conditions for variances, §15.09.170 246
Definitions, §15.09.050 244
Designation of the city building inspector as administrator, §15.09.140 246
Development permit required, §15.09.120 245
Duties and responsibilities of the city building inspector, §15.09.150 246
Findings of fact, §15.09.020 243
Floodways, §15.09.203 246
Interpretation, §15.09.100 245
Lands to which this chapter applies, §15.09.060 244
Methods of reducing flood losses, §15.09.040 244
Penalties for noncompliance, §15.09.080 244
Provisions for flood hazard reduction – General standards, §15.09.180 246
Specific standards, §15.09.190 246
Statement of purpose, §15.09.030 244
Statutory authorization, §15.09.010 243
Variance procedures – Appeals board, §15.09.160 246
Warning and disclaimer of liability, §15.09.110 245
FOWL See 7.03.010
G
GAMBLING
Enforcement, §9.05.020 137
Gambling prohibited, §9.05.010 137
GARBAGE AND REFUSE COLLECTION AND DISPOSAL
Additional rules and regulations authorized, §8.02.230 114
Applicability – Scope, §8.02.020 111
Approved containers – Required for collection by city, §8.02.080 112
Blocking access to containers prohibited, §8.02.280 115
Certain materials not collected – Responsibility for disposal, §8.02.140 113
Charges for collection service, §8.02.320 115
Collection and storage, §8.02.300 115
Collection system – Use required – Exceptions, §8.02.040 111
Compost pile permissions, §8.02.110 112
Definitions and interpretation of terms, §8.02.030 111
Disposal vehicles – Equipment and operation, §8.02.070 112
Disposing of solid waste on public or private property prohibited, §8.02.290 115
Failure to comply with chapter provisions deemed misdemeanor – Penalty, §8.02.240 114
Fees – Billing and payment procedures, §8.02.210 114
Fees, §8.02.220 114
Findings – Purpose of provisions, §8.02.010 110
Franchise for collection and disposal – Application – Investigation, §8.02.170 113
Inspection authority, §8.02.190 114
Leaves, clippings, brush and similar materials, §8.02.100 112
Licensing and contracting for collection and disposal, §8.02.180 114
Meddling with refuse containers prohibited, §8.02.150 113
Non recyclable garbage and refuse, §8.02.270 115
Placing burning material in container prohibited, §8.02.310 115
Refuse – Accumulation restrictions, §8.02.050 111
Refuse – Collection schedule – Placement of containers, §8.02.130 113
Refuse – Disposal in Madison County sanitary landfill required, §8.02.200 114
Refuse – Owner responsibility to remove – Deposit restrictions, §8.02.060 111
Refuse – Requirements for placement in approved containers, §8.02.090 112
Salvaging material from sanitary landfill prohibited – Exception, §8.02.160 113
Severability, §8.02.330 115
Trash burning and other outdoor fires, §8.02.120 113
Unauthorized depositing of refuse – Penalty, §8.02.260 114
Violation – Penalty, §8.02.340 115
Violation of chapter provisions – Citation and appearance requirements, §8.02.250 114
GAS INSTALLATIONS
Classifications of competency designated – Qualifications, §15.05.170 234
Construction, operation and maintenance facilities for transmission and distribution, §15.05.030 232
Definitions, §15.05.010 232
Gas installations in buildings, adoption of N.B.F.U. pamphlet No. 54 as Gas Code, §15.05.040 232
Gas production facilities, §15.05.020 232
Gasfitting contractor – Insurance prerequisite to licensing, §15.05.180 234
Inspection – By gas supplier, §15.05.140 234
Inspection – Certification, §15.05.130 233
Inspection – Istallations completed before passage of chapter provisions, §15.05.110 233
Inspection – Notification of readiness required – Reinspection fee, §15.05.120 233
Inspection – Requirements generally – Piping and pressure tests, §15.05.090 233
Inspector qualification and supervisory authority, §15.05.100 233
Installation work – Certification of competency required, §15.05.160 234
Installation work – License requirements, §15.05.190 234
Permit – Application – Information required, §15.05.070 232
Permit – Cost – Inspection fee, §15.05.080 233
Permit – Not required for certain work, §15.05.060 232
Permit - Required, §15.05.050 232
Restrictions for turning on gas, §15.05.150 234
Violation – Penalty, §15.05.200 235
GEESE See 7.03.020
GENERAL PROVISIONS
Applicability of provisions, §10.02.010 140
Noncompliance deemed misdemeanor, §10.02.020 140
Vehicle and traffic definitions, §10.02.030 140
GIS See 3.07.010
GOLDFISH See 7.03.010
GOLF BOARD (JOINT CITY/COUNTY)
Appointment, §4.11.020 49
Bylaws, §4.11.050 49
Compensation, §4.11.030 49
Purpose, §4.11.010 49
Vacancies, §4.11.040 49
H
HISTORICAL PRESERVATION COMMITTEE
Appointment, §4.03.030 42
Commission funding, §4.03.080 44
Compensation, §4.03.040 43
Definitions, §4.03.020 42
Organization, officers, rules, meetings, §4.03.060 43
Powers, duties, and responsibilities, §4.03.070 43
Purpose, §4.03.010 42
Special restrictions, §4.03.090 44
Vacancies, §4.03.050 43
HOUSE OF ILL-FAME
Enforcement, §9.04.020 136
Prostitution prohibited, 9.04.010 136
Violation – Penalty, §9.04.030 136
HOUSEHOLD PETS
Domestic fowls confinement, §7.03.030 106
Domestic fowls running at large, §7.03.020 106
Domestic fowls Violaton – Penalty, §7.03.040 106
Maximum pet restrictions, §7.03.010 106
I
IDAHO MOTOR VEHICLE LAWS
Intent of provisions, §10.01.010 139
State Motor Vehicle Laws – Adopted by reference, §10.01.020 139
State Motor Vehicle Laws – Copies on file for public use, §10.01.030 139
IMPOUNDMENT
Animals running at large – Prohibited, §7.04.030 107
Animals sold at auction – Moneys held in trust or paid to general fund, §7.04.070 107
Impounded animals – Notification for redemption of sale at public auction, §7.04.060 107
Impounded animals – Recordkeeping, §7.04.080 107
Pound – Location and specifications, §7.04.020 107
Poundkeeper designated duties, §7.04.050 107
Purpose, §7.04.010 106
Taking animals from pound or official custody prohibited, §7.04.040 107
Violation – Penalty, §7.04.060 108
INFRACTION See 1.02.010
INITIATIVE AND REFERENDUM
Submissions, §1.05.010 7
INSPECTIONS See 1.11.010
INTERMOUNTAIN GAS
Grant of franchise, §11.03.010 177, 178
Term, §11.03.020 178
INTERNATIONAL BUILDING CODE (I.B.C.) COMMITTEE
Appointment, §4.10.020 48
Bylaws, §4.10.050 48
Compensation, §4.10.030 48
Purpose, §4.10.010 48
Vacancies, §4.10.040 48
INTERNATIONAL FIRE CODE
International Fire Code adopted by reference, §15.07.010 236
INTOXICATING SUBSTANCES
Penalty, §8.07.070 121
Responsibility of other persons, §8.07.060 121
Sale, ingestion or inhalation of intoxicating chemicals prohibited, §8.07.050 120
J
JAYWALKING
Defenses, §8.09.050 127
Definitions, §8.09.020 127
Designating crossings, §8.09.040 127
Enforcement, §8.09.060 127
Purpose, §8.09.010 126
Unlawful crossing of public roadways, §8.09.030 127
Violation – Penalty, §8.09.070 127
JUVENILE CURFEW
Defenses, §9.03.060 135
Definitions, §9.03.020 134
Enforcement, §9.03.070 135
Juvenile curfew, §9.03.030 135
Parental violation of curfew hours, §9.03.040 135
Penalties, §9.03.080 135
Purpose, §9.03.010 134
Violation of curfew hours by business establishment, §9.03.050 135
L
LAND SURVEYING See 3.06.060
LIBRARY
Administration, §1.09.010 8
LITTERING
Deposits in public ways – Declared public nuisance – Penalty for failure to remove, §8.01.020 110
Deposits in public ways restrictions - Permit required for certain uses, §8.01.010 110
LIVESTOCK RESTRICTIONS
Driving stock off range restrictions, §7.01.030 103
Leading, riding or driving of animals on public grounds and in city parks, §7.01.010 103
Livestock at large prohibited, §7.01.020 103
Violation – Penalty of Section 7.01.030, §7.01.040 103
LOTS, OPEN AREA REQUIRED See 16.01.010
M
MACHINERY IN YARD, STORAGE OF See §8.06.030
MAYOR
CITY COUNCIL VOTE See 2.01.010
Duties of Mayor, §2.01.050 10
Mayor salary, §2.01.100 12
Messages to the Council, §2.01.090 12
Office of Mayor, §2.01.010 10
Police powers of Mayor, §2.01.070 12
Powers of Mayor, §2.01.060 11
Qualifications to hold the office of Mayor, §2.01.020 10
Special meetings of Council, calling, §2.01.080 12
Term of office, §2.01.040 10
Vacancy in the office of Mayor, §2.01.040 10
MAYOR’S YOUTH ADVISORY BOARD
Appointment, §4.05.020 45
Bylaws, §4.05.050 45
Compensation, §4.05.030 45
Purpose, §4.05.010 45
Vacancies, §4.05.040 45
METHAMPHETAMINE
Accessibility of methamphetamine precursor drugs, §8.07.030 120
Definitions, §8.07.010 119
Penalty, §8.07.040 120
Prohibited acts, §8.07.020 120
MISDEMEANOR See 1.02.020
MOBILE HOME – GENERAL PROVISIONS
Definitions, §14.01.020 216
Description and purpose of provisions, §14.01.010 216
MOBILE HOME – ZONING APPROVAL
Building permit and tentative approval, §14.05.010 221
Plot plans required, §14.05.020 221
MOBILE HOMES
Business license and fee requirements, §6.06.010 84
Display of license, §6.06.060 86
Improvement requirement to obtain a business license, §6.06.030 85
Licensing existing Mobile Home Parks, §6.06.020 84
Penalty of delinquency – new or renewal license fee, §6.06.040 86
Revocation of license, §6.06.070 86
Transfer of license, §6.06.050 86
MOBILE HOMES – CONDITIONS AND REGULATIONS
Access restrictions, §14.03.080 219
Density requirements, §14.03.010 218
Development of boundary lines, §14.03.030 218
Emergency sanitation facilities, §14.03.090 219
Minimum land area, §14.03.050 218
Permitted uses for Mobile Homes, §14.03.060 219
Service building requirements, §14.03.040 218
Setbacks from park boundary lines, §14.03.020 218
Sign regulations, §14.03.070 219
Skirting, §14.03.110 219
Structures, alterations, and additions, §14.03.100 219
MOBILE HOMES AND TRAVEL TRAILERS – HEALTH, SANITATION, AND MAINTENANCE REQUIREMENTS
Approval for incinerator construction, §14.09.040 226
Authorized personnel for incinerator use, §14.09.050 226
Communicable or contagious disease procedures, §14.09.080 226
Fire protection requirements, §14.09.070 226
Incinerator restrictions, §14.09.060 226
Insect and rodent control, §14.09.100 227
Liquefied petroleum gas restrictions, §14.09.110 227
Pet restrictions, §14.09.090 226
Refuse collection, §14.09.030 225
Refuse containers, §14.09.020 225
Refuse management intent, §14.09.010 225
Service buildings, §14.09.120 227
MOBILE HOMES AND TRAVEL TRAILERS – IMPROVEMENT REQUIREMENTS
Accessway and walkway lighting, §14.08.030 224
Drainage requirements, §14.08.060 224
Fenced storage area, §14.08.090 225
Laundry room facilities, §14.08.080 225
Mail delivery facilities, §14.08.100 225
Mobile home stand surfacing, §14.08.050 224
Patios and decks, §14.08.020 224
Public telephones, §14.08.070 225
Roadway surfacing, §14.08.010 224
Wiring to be underground, §14.08.040 224
MOBILE HOMES AND TRAVEL TRAILERS – LOCATION, PARKING, AND STORAGE RESCTRICTIONS
Location in Mobile Home Parks required, §14.02.010 216
Mobile Home Park auxiliary storage buildings, §14.02.090 217
Parking and storage of unoccupied Mobile Homes, Trailers or Travel Trailers, §14.02.060 217
Parking space provided for Travel Trailer Parks, §14.02.080 217
Parking space requirements for Mobile Homes, §14.02.070 217
Permit for temporary parking on private premises, §14.02.050 217
Travel Trailer patio and storage, §14.02.100 218
Travel trailer stands, §14.02.040 217
Wheel removal permissions, §14.02.030 216
Wheel removal restrictions, §14.02.020 216
MOBILE HOMES AND TRAVEL TRAILERS – REGISTRATION OF OCCUPANTS
Register of mobile homes, trailers, and occupants, §14.24.010 220
MOBILE HOMES AND TRAVEL TRAILERS – SITE REQUIREMENTS
Access ways, §14.06.010 221
Electricity, §14.06.040 222
Recreation area, §14.06.030 222
Sewage disposal, §14.06.050 222
Walkways, §14.06.020 221
Water supply accessibility, §14.06.060 222
Water supply piping and maintenance, §14.06.070 222
MOBILE HOMES AND TRAVEL TRAILERS – SPACE REQUIREMENTS
Mobile home space area, §14.07.010 223
Outdoor living area, §14.07.020 224
Parking stand required, §14.07.040 224
Patio and deck restrictions, §14.07.030 224
Space required between mobile homes, §14.07.050 224
Travel trailer park spaces, §14.07.018 223
Travel trailer space area, §14.07.015 223
MOTORCYCLES
Helmet required, §10.12.020 169
Riding regulations, §10.12.010 168
MUNICIPAL AIRPORT
Aircraft – Parking location and procedure, §10.15.070 173
Aircraft – Repair restrictions, §10.15.080 173
Aircraft – Tie down and blocking requirements, §10.15.100 174
Aircraft fueling – Grounding requirements, §10.15.260 175
Aircraft fueling – Smoking prohibited, §10.15.240 175
Aircraft fueling restrictions, §10.15.250 175
Airport manager – Authority to suspend operations, §10.15.030 173
Automobile parking restrictions, §10.15.120 174
Cleanliness responsibilities, §10.15.270 175
Commercial privilege restrictions, §10.15.280 175
Conformity with Civil Aeronautics Board regulations required, §10.15.020 173
Fire and safety regulations – Generally, §10.15.210 175
Ground rules generally, §10.15.060 173
Keeping runway clear, §10.15.160 174
Landing area restrictions, §10.15.090 173
Landings and takeoffs – Safe distance requirements, §10.15.190 175
Landings and takeoffs – Wind conditions, §10.15.180 174
Material and equipment storage – Fire hazards prohibited, §10.15.230 175
Motor vehicles prohibited beyond building line – Exceptions, §10.15.110 174
Operations using welding or open flame restrictions, §10.15.220 175
Person defined, §10.15.010 172
Public safety requirements – Airport manager authority, §10.15.040 173
Rules and regulations – Responsibility of instructors and students, §10.15.050 173
Taxiing – Conformance with approved patterns required, §10.15.170 174
Taxiing – Restrictions generally, §10.15.130 174
Taxiing – Restrictions on vehicles without brakes, §10.15.150 174
Taxiing – Speed limitation, §10.15.140 174
Turns after takeoff restrictions, §10.15.200 175
Violation – Penalty, §10.15.290 175
MUNICIPAL AIRPORT – TRAFFIC UPON AIRPORT RUNWAYS AND TAXI AREAS
Violation – Penalty, §10.15.310 176
MUNICIPAL AIRPORT – TRAFFIC UPON AIRPORT RUNWAYS AND TAXI AREAS
Unlawful acts, §10.15.300 176
MUNICIPAL INFRACTION See 1.02.010
MUSEUM COMMITTEE
Appointment, §4.09.020 48
Bylaws, §4.09.050. 48
Compensation, §4.09.030 48
Purpose, §4.09.010 47
Vacancies, §4.09.040 48
N
NO PARKING ON STREETS
November through March See §10.10.050
NO PASSING ZONES See §10.03.100
NOISE
Disturbing the peace, §9.07.010 137
Engine brakes – Penalty, §9.07.040 138
Engine brakes – Severability, §9.07.030 138
Unlawful use of engine brakes and compression brakes, §9.07.020 138
NOXIOUS WEEDS
City to perform work – Costs deemed lien, §8.03.030 116
Failure to comply with removal notice, §8.03.040 116
Noxious weeds declared public nuisance - Removal requirements, §8.03.010 116
Removal notice – Contents – Service and posting, §8.03.020 116
NUISANCE- GARBAGE/REFUSE See 8.02.030
NUISANCE- NOXIOUS WEEDS See 8.03.010
NUISANCE- RADIO INTERFERENCE See 8.05.010
NUISANCE- SIGNS See 10.07.070
NUISANCE- UNLICENSED DOGS See 7.02.050
NUISANCE-LITTERING See 8.01.020
O
OBSTRUCTIONS
Applicability of Sections 12.02.020 through 12.02.040, §12.02.010 182
Construction or maintenance of pumps, tanks, appliances, signs, etc. – Restrictions, §12.02.020 182
Excavations restrictions, §12.02.060 183
Injuring or obstructing streets deemed misdemeanor, §12.02.080 183
Railroad property – Malicious damage or destruction deemed misdemeanor, §12.02.090 183
Removal of certain objects required – Time limit – Abatement as public nuisance, §12.02.030 182
Riding or driving animals on sidewalks prohibited, §12.02.070 183
Sidewalk obstruction prohibited – Exception, §12.02.050 182
Violation of Sections 12.02.010 through 12.02.030 – Penalty, §12.02.040 182
Violation of Sections 12.02.050 through 12.02.090 – Penalty, §12.02.100 183
OFFICIAL NEWSPAPER
Official newspapers designated, §1.07.010 8
ONE WAY TRAFFIC See 10.03.100
OPERATION OF VEHICLES
Backing, §10.05.020 148
Crossing fire hose, §10.05.230 151
Depositing glass or debris on streets, §10.05.250 151
Driving on divided highways, §10.05.120 149
Driving on right hand side of roadway, §10.05.040 148
Driving on roadways laned for traffic, §10.05.100 149
Following fire apparatus, §10.05.220 151
Following too closely, §10.05.110 149
Limitations on overtaking on the left, §10.05.070 149
Manner of parking, §10.05.240 151
Method of giving hand and arm signals, §10.05.160 150
Obstruction to driver’s view, §10.05.020 148
Operation of vehicles on approach of authorized emergency vehicles, §10.05.210 151
Overtaking a vehicle on the left, §10.05.060 149
Overtaking a vehicle on the right, §10.05.080 149
Passing school bus, §10.05.090 149
Passing vehicles proceeding in opposite directions, §10.05.050 148
Position and method of turning at intersections, §10.05.130 150
Starting parked vehicle, §10.05.140 150
Starting parked vehicle, §10.05.150 150
State license required, §10.05.010 148
Unqualified drivers, §10.05.030 148
Vehicle approaching or entering intersection, §10.05.170 150
Vehicle entering-stop or yield intersection with crosswalk, §10.05.200 150
Vehicle entering-stop or yield intersection, §10.05.190 150
Vehicle turning left at intersection, §10.05.180 150
P
PACIFICORP dba UTAH POWER
Grant of franchise, §11.02.010 177
Term, §11.02.020 177
PARADES AND PUBLIC ASSEMBLIES
Alternative permit, §12.06.060 188
Appeal procedure, §12.06.070 188
Application, §12.06.020 187
Contents of permit, §12.06.080 188
Definitions, §12.06.010 187
Duties of permittee, §12.06.090 188
Emergency cancellation/termination, §12.06.120 188
Fees, §12.06.030 187
Notice of denial of application, §12.06.050 187
Prohibitions and regulations, §12.06.100 188
Severability, §12.06.130 188
Standards for issuance, §12.06.040 187
Violation – Penalties, §12.06.110 188
PARAKEETS See 7.03.010
PARK REGULATIONS
Alcoholic beverage restrictions, §12.04.090 185
Exceptions for government officials, §12.04.120 186
Hour of operation, §12.04.010 184
Non-designated vehicles prohibited in parks, §12.04.050 185
Posting of signs etc. prohibited without permission, §12.04.100 185
Prohibited acts, §12.04.030 185
Requirements concerning use of grounds and facilities, §12.04.020 184
Sales within any park prohibited without permission, §12.04.070 185
Smoking restrictions, §12.04.080 185
Some special activities prohibited, §12.04.040 185
Unleashed animals prohibited, §12.04.060
See also §6.04.010 185
Violation a misdemeanor, §12.04.110 186
PARKING METERS
Coins and keys – Tampering prohibited, §10.06.110 152
Definitions, §10.06.010 151
Installation, §10.06.030 152
Marking of spaces, §10.06.020 151
No charge exceptions, §10.06.080 152
Overtime parking prohibited, §10.06.070 152
Parking in more than one parking meter space, §10.06.120 152
Rates, §10.06.050 152
Restricted spaces, §10.06.060 152
Spaces and time limits, §10.06.040 152
Special use conditions and fees, §10.06.090 152
Use of unexpired time, §10.06.100 152
PARKING ON STREETS See 10.03.100
Winter restrictions See §10.10.050
PARKS AND RECREATION COMMITTEE
Appointment, §4.08.020 47
Bylaws, §4.08.050 47
Compensation, §4.08.030 47
Purpose, §4.08.010 47
Vacancies, §4.08.040 47
PARROTS See 7.03.010
PAWNBROKERS AND SECONDHAND STORES
Application, §6.08.030 90
Approval and issuance conditions, §6.08.040 91
Compliance with the law, §6.08.100 93
Definitions, §6.08.010 90
License fees, §6.08.050 91
License requirements, §6.08.020 90
Prohibited purchases, §6.08.110 94
Property holding period before resale, §6.08.090 92
Records – Open for inspection, §6.08.070 92
Records – Retention – Time, §6.08.080 92
Records to be kept – Contents, §6.08.060 91
PEDDLERS, SOLICITORS AND TRANSIENT MERCHANTS
Bonds, §6.02.100 72
Definitions, §6.02.010 70
Enforcement, §6.02.130 74
Exceptions, §6.02.030 71
Issuance investigation, §6.02.050 71
License application, §6.02.040 71
License exhibition, §6.02.070 72
License expiration, §6.02.090 72
License fees, §6.02.060 72
License required, §6.02.020 71
Licesnse renewal, §6.02.080 72
Location restrictions, §6.02.120 73
Unlawful conduct, §6.02.110 73
Violation – Penalty, §6.02.140 74
PEDESTRIANS
Crossing at other than a crosswalk, §10.13.030 169
Drivers to use due care, §10.13.050 169
Pedestrians on roadways, §10.13.060 169
Pedestrians subject to traffic regulations, §10.13.010 169
Pedestrians to use right half of crosswalks, §10.13.040 169
Right-of-way in crosswalks, §10.13.020 169, 170
PENALTY
Severability, §1.02.030 2
Violations and penalty - Misdemeanors, §1.02.020 2
Violations and penalty - Municipal infractions, §1.02.010 2
PLANNING AND ZONING COMMISSION
Chairman – Meetings – Rules – Recordkeeping required, §4.01.030 40
Creation – Composition and appointment, §4.01.010 40
Expenditure restrictions, §4.01.060 41
Powers and duties generally, §4.01.040 40
Term of office – Expiration, §4.01.020 40
Zoning commission duties, §4.01.050 41
PLUMBERS
Apprentice registration and work supervision, §6.05.180 84
Certificate of competency required, §6.05.020 81
Classification of competency – Generally, §6.05.060 82
Classifications – Plumbing apprentice, §6.05.090 83
Classifications – Plumbing contractor, §6.05.070 82
Classifications – Plumbing journeyman, §6.05.080 82
Fees, §6.05.120 83
Issuance through authorized agent, §6.05.030 82
Journeyman plumber’s license – Application, §6.05.160 84
Journeyman plumber’s license – Renewal, §6.20.070 84
Liability not assumed by municipality, §6.05.130 83
License required, §6.05.110 83
Master plumber’s license – Application, §6.05.140 83
Master plumber’s license – Renewal, §6.05.150 84
Plumbing business - License required, §6.05.010 81
Sewer contractor licensing, §6.05.040 82
State certificate required – Examination, §6.05.050 82
Violation – Penalty, §6.05.100 83
POLICE DEPARTMENT
Department Established, §3.04.010 34
Department functions, §3.04.020 34
Peace Officer training, §3.04.040 35
Regulations – Administration and enforcement authority, §3.04.030 34
PROPERTY NUISANCES
Abatement by city, §8.06.050 119
Abatement by property owners, §8.06.040 119
Exterior storage of non-operating vehicles – Prohibited, §8.06.030 118
Nuisance defined, §8.06.010 118
Responsibilty for maintenance, §8.06.020 118
Violation – Penalty, §8.06.060 119
Violation of safety regulations for building, facility or park, §8.06.070 119
PUBLIC INTOXICATION
Public drunkenness, §9.06.010 137
PUBLIC WORKS DIRECTOR
Powers and duties, §2.03.180 28
PUBLIC WORKS DIRECTOR
Appointment, §2.03.170 28
R
RABBITS See 7.03.010
RADIO INTERFERENCE
Apparatus or devises causing radio interference, §8.05.020 118
Apparatus or devises causing radio interference,INTERFERENCE
Nuisance and misdemeanor, §8.05.010 117
RAILROADS
Grade crossing – Obedience to signal, §10.14.010 170
Oregon Shortline right of way, §10.14.020 170
Railroad destruction – Misdemeanor, §10.14.070 171
Railroad liability, §10.14.050 171
Railroad street crossings required, §10.14.090 172
Railroad water crossings required, §10.14.080 171
Right of way conditions, §10.14.040 171
Right of way restrictions, §10.14.060 171
St. Anthony Railroad right of way, §10.14.030 170
Train speed, bell, and standing regulations, §10.14.100 172
Violation – Penalty, §10.14.110 172
RECORDKEEPING
Retention of permanent records 29
RECREATION DIRECTOR
Duties and powers, §2.03.160 28
RENTAL REGISTRATION
Business – Change of ownership, §6.11.110 101
Definitions, §6.11.040 100
General provisions, §6.11.030 99
Interpretation of provisions – Unlawful business, §6.11.120 101
Non-parking agreements, §6.11.160 102
Owner responsibility, §6.11.170 102
Parking space management, §6.11.140 102
Parking space restrictions, §6.11.150 102
Purpose, §6.11.010 99
Registration – Application – Issuance procedure, §6.11.060 101
Registration – Fees – Refund, §6.11.080 101
Registration – Fees – Schedule, §6.11.070 101
Registration – Separate registration required, §6.11.100 101
Registration – Terms – Proration, §6.11.090 101
Registration requirements, §6.11.050 100
Regulations, §6.11.020 99
Right to refuse or revoke registration, §6.11.130 101
Violation – Penalty, §6.11.180 102
REVOLVING LOAN FUND
Establishment - Use of fund, §5.04.010 55
Purpose, §5.12.030 55
Repayment conditions, §5.04.020 55
Withdrawals, §5.12.040 55
REXBURG BEAUTIFICATION COMMITTEE
Appointment, §4.07.020 46
Bylaws, §4.07.050 47
Compensation, §4.07.030 46
Purpose, §4.07.010 46
Vacancies, §4.07.040 47
REXBURG STANDARD JOURNAL NEWSPAPER See 1.07.010
RIGHT OF ENTRY FOR INSPECTION
Inspection authorization – Procedures required, §1.11.010 8
S
SCRAP METAL DEALERS
Application, §6.09.030 95
Approval and issuance conditions, §6.09.040 96
Compliance with the law, §6.09.110 97
Definitions, §6.09.010 95
License fees, §6.09.050 96
License required, §6.09.020 95
Property holding period before resale, §6.09.090 96
Records – Open for inspection, §6.09.070 96
Records – Retention – Time, §6.09.080 96
Records to be kept – Contents, §6.09.060. 96
Severability, §6.09.120 97
Storage of scrap – Exceptions, §6.09.100 96
SEWERS See §3.06.030
SIGN CODE
Clear view of intersecting streets, §15.06.030 235
Copies on file, §15.06.060 236
Definitions, §15.06.010 235
Maximum height, §15.06.040 235
Permits and fees, §15.06.050 236
Safe sign construction, §15.06.020 235
Severability, §15.06.070 236
Violation – Penalty, §15.06.080 236
SNOWBALLS AND OTHER OBJECTS THROWN
Objects thrown or obstructing – Prohibited, 9.01.010 133
Obstructing streets and sidewalks – Prohibited, §9.01.020 133
Violation of Sections 9.01.010-9.01.020 – Penalty, §9.01.030 133
SOLID WASTE COLLECTION See 3.06.040
SPEED LIMITS
Basic rule, §10.08.010 154
Charging violations of speed regulations, §10.08.060 155
Establishment of speed zones, §10.08.040 155
Minimum speed regulations, §10.08.050 155
Prima facie limits, §10.08.020 154
When reduced speed required, §10.08.030 154
STOPPING, STANDING AND PARKING – FIRE LANES OR HAZARDOUS AND CONGESTED AREAS
No stopping, standing or parking near hazardous or congested places or within non-parking zones, §10.09.630 164
Standing or parking within access roadways for fire apparatus, §10.09.620 164
Violation – Penalty, §10.09.640 164
STOPPING, STANDING AND PARKING – GENERAL
Airport parking – signs and markings, §10.09.130 157
Angle or parallel parking – Signs or markings, §10.09.090 156
Application of chapter provisions, §10.09.010 155
Buses and taxicabs – Parking restrictions, §10.09.180 157
Buses and taxicabs – Stand use restrictions, §10.09.190 157
City and County employee parking – Areas designated, §10.09.140 157
Continuous movement required, §10.09.040 156
Disabled parking – Out of state vehicles, §10.09.120 156
Disabled parking violation enforcements, §10.09.110 156
Double parking, standing or stopping, §10.09.240 158
Handicapped parking – Public property, §10.09.100 156
Lights on parked vehicles, §10.09.070 156, 157, 158, 159, 160, 161
Moving illegally parked vehicles – Police authority, §10.09.360 159
No stopping or parking – Color markings and signs, §10.09.160 157
Obstructing traffic by parking prohibited, §10.09.320 159
One-way roadway restrictions, §10.09.230 158
Opposite traffic – Parallel, §10.09.080 156
Parking for certain purposes prohibited, §10.09.340 159
Parking in alleys, §10.09.220 158
Parking on sidewalk area prohibited, §10.09.330 159
Parking prohibited – Locations, §10.09.310 159
Parking signs required, §10.09.050 156
Parking violation – Owner’s responsibility, §10.09.350 159
Procedure for leaving vehicle unattended, §10.09.060 156
Prohibited parking for restricted vehicles, §10.09.290 159
Public carrier and bus stands, §10.09.170 157
Registration of vehicle plates, §10.09.030 155
Regulations not exclusive, §10.09.020 155
Residential parking lots owned by the city, §10.09.150 157
Restricted parking zones, §10.09.210 158
Severability, §10.09.400 160
Stopping or parking – Prohibited in certain areas, §10.09.260 158
Stopping or parking – Roadways without curb, §10.09.250 158
Streets – Parking prohibited at all times, §10.09.280 158
Streets – Parking prohibited during certain hours, §10.09.300 159
Taxicab stands – Establishment and signs, §10.09.200 158
Time-limited parking on certain streets, §10.09.270 158
Unathorized use of streets – Strict liability of owner, §10.09.380 159
Unauthorized use of streets – Appeal procedures, §10.09.390 160
Unauthorized use of streets, parking lots and other areas – Penalties, §10.09.370 159
STOPPING, STANDING AND PARKING – PARKING AND LOADING ZONES
Designation – Signs required, §10.09.510 162
Established – City Council authority, §10.09.500 161
Freight curbs loading zones, §10.09.610 163
Loading zone use restrictions, §10.09.530 162
Loading zones and restricted parking – Designation and signs, §10.09.600 163
Operating time defined, §10.09.490 161
Parking – Procedures, §10.09.540 162
Parking spaces to be marked, §10.09.520 162
Parking violation – Enforcement – Notice or citation, §10.09.570 162
Parking violation – Failure to respond to citation, §10.09.590 163
Parking violation – Penalties, §10.09.560 162
Parking violations, §10.09.580 163
Unlawful parking, §10.09.550 162
STOPPING, STANDING AND PARKING – RESTRICTIONS GENERALLY
Abandoned vehicles, §10.09.440 161
Impoundment fees – Payment prerequisite to release of vehicle, §10.09.470 161
No parking on portion of North Second East Street, §10.09.480 161
Parking – Alley restrictions, §10.09.410 160
Parking – Restrictions – Signs required, §10.09.450 161
Parking – Trucks prohibited in residential sections, §10.09.420 160
Repairing vehicles on street restrictions, §10.09.430 160
Vehicles parked in violation of Section 10.09.450 – Removal and impoundment authorized, §10.09.460 161
STORAGE OF VEHICLES OR PROPERTY ON STREETS
Authority to take possession of abandoned property, §10.10.020 165
Impounded property – Conditions of sale, §10.10.100 166
Impounded property – Proceeds of sale, §10.10.110 166
Impounded property – Recordkeeping and storage requirements, §10.10.080 166
Impounded property – Sale – Notice requirements, §10.10.090 166
Impoundment and reclaiming procedure, §10.10.070 165
Leaving or storing property on certain streets, §10.10.040 165
Penalty, §10.10.140 167
Repossession of personal property – Payment of costs, §10.10.120 166
Use of certain streets and alleys restricted – From November 1st through March 1st, §10.10.050 165
Using streets for storage of motor homes, boats and trailers prohibited, §10.10.060 165
Using streets for storage prohibited, §10.10.010 165
Warrant in favor of owner of article – Conditions – City Council authority, §10.10.130 167
West Fourth Street restrictions, §10.10.030 165
STREET NAME AND NUMBERING SYSTEM
College Avenue and Carlson Avenue designated, §12.03.020 184
Directional prefixes for street names – System described, §12.03.030 184
Numbers and letters required – Police Chief duties, §12.03.040 184
Street naming system described, §12.03.010 183
STREETS DEVELOPMENT IMPACT FEE REPORT
Administration of impact fee, §5.05.100 58
Appeals, §5.05.130 59
Application, §5.05.040 56
Bonding, §5.05.160 60
Calculation of impact fee, §5.05.070 57
Capital improvement projects, §5.05.010 57
Collection of impact fees, §5.05.050 56
Credits and reimbursement, §5.05.110 58
Definitions, §5.05.030 56
Effects of impact fee on zoning and subdivision regulation, §5.05.170 60
Extraordinary impacts, §5.05.140 60
Findings, §5.05.010 55
General methodology of calculation, §5.05.080 58
Inflationary adjustment for impact fee, §5.05.090 58
Other powers and rights not affected, §5.05.180 61
Refunds, §5.05.120 58
Streets Development Impact Fee Report, §5.05.010 60
The Report, §5.05.190 61
Title and purpose, §5.05.020 55
STREETS, SIDEWALKS AND PUBLIC PROPERTY
Business upon public sidewalks – Exceptions, §12.01.100 181
Business upon public sidewalks, §12.01.090 180
Conformity with average setback, §12.01.140 181
Existing sidewalks, §12.01.070 180
Indemnifying liability, §12.01.110 181
New Owners, §12.01.050 180
Obstruction of sidewalks, §12.01.080 180
Reconstruction, §12.01.060 180
Sidewalk minimum requirements, §12.01.040 180
Sidewalks in all areas of the city, §12.01.010 179
Sidewalks less than six feet, §12.01.120 181
Standard Drawings and Specifications, §12.01.020 179
Subdivision annexation, §12.01.030 179
Violation – Penalty, §12.01.130 181
SUBDIVISION REGULATIONS
Copies on file, §16.08.020 250
Ordinance adopted, §16.08.010 250
T
TABERNACLE CIVIC CENTER COMMITTEE
Appointment, §4.02.020 41
Bylaws, §4.02.050 42
Compensation, §4.02.030 41
Purpose, §4.02.010 41
Vacancies, §4.02.040 41
THROWN OBJECTS
Stones, sticks, snowballs, eggs, bombs and missles See 9.01.010
TOWING AND BOOTING
Application, §6.10.030 97
Definitions, §6.10.010 97
Duty to display license, §6.10.060 98
Investigation by Police Department, §6.10.070 98
Issuance and renewal conditions, §6.10.040 98
License fees, §6.10.050 98
License required, §6.10.020 97
Non-consensual towing and booting practices on multi-unit residential private properties, §6.10.090 99
Repeal, §6.10.110 99
Severability, §6.10.120 99
Towing sign requirements for non-residential commercial lots, §6.10.080 98
Violation – Penalty, §6.10.100 99
TRAFFIC ARRESTS
Appearance in police court, §10.03.180 144
Arrest without warrant, §10.03.220 145
Evidence not permissible in civil action, §10.03.230 145
Failure to appear, §10.03.210 145
Parking citations, §10.03.240 145
Posting of bail, §10.03.200 145
Traffic citations, §10.03.190 144
TRAFFIC CONTROL DEVICES
Adoption of uniform system, §10.07.010 153
Display of unauthorized signals or signs, §10.07.070 153
Flashing signals, §10.07.060 153
Interference with official traffic control devices, §10.07.080 154
Obedience to traffic control devices, §10.07.030 153
Pedestrian control signals, §10.07.050 153
Placement of signs and signals, §10.07.020 153
Traffic control signal legend, §10.07.040 153
TRAFFIC SAFETY COMMISSION
Creation, §4.14.010 51
Duties, §4.14.060 51
Meetings, §4.14.050 51
Membership and Terms of Office, §4.14.020 51
Organization, §4.14.040 51
Vacancies, §4.14.030 51
TRAILS OF MADISON COUNTY COMMITTEE (JOINT CITY/COUNTY)
Appointment, §4.13.020 50
Bylaws, §4.13.050 50
Compensation, §4.13.030 50
Purpose, §4.13.010 50
Vacancies, §4.13.040 50
TRAVEL TRAILERS – CONDITIONS AND REGULATIONS
Applicability of provisions – Exceptions §14.03.170 220
Attendant required, §14.03.160 220
Duration of permit, §14.03.130 220
Minimum size requirement, §14.03.180 220
Permit fees, §14.03.140 220
Permit requirements, §14.03.120 219
Service building requirements, §14.03.150 220
TREES AND PLANTS
Abatement of public nuisances, §8.08.090 125
Appeals, §8.08.100 126
Applicability, §8.08.020 122
Definitions, §8.08.010 122
Establishment or designation of Commision, §8.08.040 123
Jurisdiction, §8.08.030 123
Penalties for violation, §8.08.070 125
Permits, §8.08.060 124
Public nuisances, §8.08.080 125
Responsibilities of adjacent property owners, §8.08.050 124
Severability, §8.08.110 126
TURKEYS See 7.03.020
U
UPPER VALLEY ARTS COMMITTEE
Appointment, §4.06.020 46
Bylaws, §4.06.050 46
Compensation, §4.06.030 46
Purpose, §4.06.010 46
Vacancies, §4.06.040 46
UPPER VALLEY TELECABLE COMPANY, INC.
Term, §11.01.010 177
URBAN RENEWAL
Downtown district redevelopment plan, §16.09.040 251
North Highway, §16.09.020 251
Urban renewal agency, §16.09.010 250
Washington School, §16.09.030 251
V
VAGRANCY
Vagancy prohibited – Penalty, 9.08.010 138
VEHICLE EQUIPMENT
Additional equipment required on certain vehicles, §10.04.040 146
Brakes, §10.04.090 147
Color of lamps and reflectors, §10.04.050 146
Head lamps, §10.04.020 146
Horns and warning devices, §10.04.100 147
Lamp or flag on projecting load, §10.04.060 146
Lamps on other equpimpent and vehicles, §10.04.080 147
Lamps on parked vehicles, §10.04.070 147
Mirrors, §10.04.120 147
Mufflers, prevention of noise, §10.04.110 147
Tail lamps, §10.04.030 146
Vehicles in unsafe condition, §10.04.010 145
Windshields, §10.04.130 148
VEHICLES IN YARD, STORAGE OF See §8.06.030
VEHICLES ON PREMISES, STORAGE OF See §8.06.030
W
WASTEWATER RATES AND CHARGES
Delinquency notice – Pretermination hearing, §13.04.150 214
Delinquent bills attributable to prior consumers, §13.04.160 214
Enforcement, §13.04.180 215
Metered service, §13.04.130 213
User rates – Basis, §13.04.020 211
User rates – Generally, §13.04.010 211
User rates – Request for change, §13.04.050 212
User rates – Review and revision, §13.04.040 212
User rates – Surcharge for excessive strength, §13.04.030 212
Violation – Penalty, §13.04.170 215
Wastewater connection – Business block or shopping center – Full and half fee, §13.04.100 213
Wastewater connection – Fees, §13.04.070 212
Wastewater connection – Full fee requirements, §13.04.080 213
Wastewater connection – Half fee, §13.04.090 213
Wastewater connection – Required, §13.04.060 212
Wastewater connection – Subdivision of unimproved property – Collection lines required – Costs, §13.04.110 213
Wastewater main charge, §13.04.120 213
Water and wastewater bills combined – Delinquency notice, §13.04.140 214
WASTEWATER REGULATIONS
Connection to public sewer – Authorized personnel required – Accountability, §13.03.020 197
Injuring sewers or appurtenances prohibited, §13.03.090 198
Manholes – Opening prohibited – Exception, §13.03.070 198
Permit – Application – Fee – Issuance conditions, §13.03.040 197
Permit – Compliance with certain plumbing regulations prerequisite to issuance, §13.03.050 198
Permit – Revocation conditions, §13.03.060 198
Permit requirements – Posting, §13.03.030 197
Private wastewater facilities – Discontinuance cleaning and filling requirements, §13.03.010 197
Prohibited discharges – Garbage or other obstructions, §13.03.080 198
Violation – Penalty, §13.03.100 198
WASTEWATER REGULATIONS – ADMINISTRATIVE ENFORCEMENT REMEDIES
Administrative fines, §13.03.660 207
Cease and desist orders, §13.03.650 207
Compliance orders, §13.03.640 207
Consent orders, §13.03.620 206
Emergency suspensions, §13.03.670 207
Notification of violation, §13.03.610 206
Show cause hearing, §13.03.630 206
WASTEWATER REGULATIONS – AFFIRMATIVE DEFENSES TO DISCHARGE VIOLATIONS
Bypass, §13.03.790 210
Defining 210
Prohibited discharge standards, §13.03.780 210
WASTEWATER REGULATIONS – COMPLIANCE MONITORING
Inspection and sampling, §13.03.570 205
Monitoring facilties, §13.03.580 205
Search warrants, §13.03.590 205
Vandalism, §13.03.600 206
WASTEWATER REGULATIONS – GENERAL PROVISIONS
Abbreviations, §13.03.140 199
Administration, §13.03.120 198
Definitions, §13.03.130 199
Purpose and policy, §13.03.110 198
WASTEWATER REGULATIONS – GENERAL REQUIREMENTS
Additional pretreatment measures, §13.03.250 200
City’s right of revision, §13.03.200 199
Deadline for compliance with applicable pretreatment requirements, §13.03.240 200
Dilution, §13.03.220 199
Federal categorical pretreatment standards, §13.03.170 199
Local limits, §13.03.190 199
Pretreatment facilities, §13.03.230 200
Prohibited disharege standards, §13.03.160 199
Septic tank wastes, §13.03.270 200
Special agreement with users, §13.03.210 199
State requirements, §13.03.180 199
WASTEWATER REGULATIONS – INDUSTRIAL WASTEWATER DISCHARGE PERMIT
Data disclosure form contents, §13.03.320 202
Permit appeals, §13.03.360 202
Permit contents, §13.03.350 202
Permit decisions, §13.03.340 202
Permit duration, §13.03.370 202
Permit modification, §13.03.380 202
Permit reissuance, §13.03.410 203
Permit requirements, §13.03.280 201
Permit revocation, §13.03.400 203
Permit transfer, §13.03.390 202
Permitting – Existing SIU, §13.03.290 201
Permitting – New source and new user , §13.03.300 201
Signatory and certification requirements, §13.03.330 202
Wastewater discharge permitting – Extra jurisdictional users, §13.03.310 201
WASTEWATER REGULATIONS – JUDICIAL ENFORCEMENT REMEDIES
Civil penalties, §13.03.700 208
Criminal prosecution, §13.03.710 208
Injunctive relief, §13.03.690 208
Remedies nonexclusive, §13.03.720 208
WASTEWATER REGULATIONS – MISCELLANEOUS PROVISIONS
Conflicts, §13.03.830 211
Pretreatment charges and fees, §13.03.810 211
Severability, §13.03.820 211
WASTEWATER REGULATIONS – REPORTING REQUIREMENTS
Baseline monitoring reports, §13.03.420 203
Compliance schedules for meeting applicable pretreatment standards, §13.03.450 203
Final compliance report (initial compliance report), §13.03.430 203
Hazardous waste notification, §13.03.470 203
Noncompliance reporting, §13.03.490 204
Notice of potential problems, including accidental spills, slug loadings, §13.03.480 203
Notification of changed discharge, §13.03.500 204
Notification of significant production changes, §13.03.460 203
Periodic compliance report, §13.03.440 203
Record keeping, §13.03.530 204
Reports from unpermitted users, §13.03.520 204
WASTEWATER REGULATIONS – SAMPLING AND ANALYTICAL REQUIREMENTS
Analytical requirements, §13.03.550 204
City monitoring of user’s wastewater, §13.03.560 205
Sampling requirements for users, §13.03.540 204
WASTEWATER REGULATIONS – SUPPLEMENTAL ENFORCEMENT ACTION
Liability insurance, §13.03.740 209
Performance bonds, §13.03.730 209
Water supply severance, §13.03.750 209
WATER METERS
Access requirements – Superintendent of waterworks authority, §13.02.050 195
City to supply meters – Installation costs – Deposit requirements, §13.02.030 195
Disconnection and removal authorization – Report required, §13.02.060 195
Location requirements, §13.02.040 195
Purpose – Installation requirements generally, §13.02.010 194
Rental and service charges for meters not paid for – Private installation of meter permissions, §13.02.070 196
Specifications generally – Approval required, §13.02.020 194
Testing – Costs, §13.02.080 196
Use of unmetered water restrictions, §13.02.090 196
WATER REGULATIONS
Access for examination of apparatus – Penalty for violation of regulations, §13.01.030 190
Changes to or amendment of chapter provisions – City Council authority, §13.01.250 194
Fire hydrants – Access and repair restrictions, §13.01.090 191
Fire hydrants – Unauthorized use and willful damage prohibited, §13.01.110 191
Fire hydrants – Wrenches – Use restrictions, §13.01.100 191
Liability limitations, §13.01.240 194
Public use of a fire hydrant and fees associated, §13.01.120 192
Service – Application – Deposit requirements, §13.01.140 192
Service – Application – Water meter deposit requirements – Clerk Treasurer duties, §13.01.150 192
Service – Classifications designated, §13.01.160 192
Service – Meter rental charges, §13.01.180 193
Service – Rates and charges – Monthly statement, §13.01.190 193
Service – Rates and charges – Payment delinquency qualifications – Penalties, §13.01.200 193
Service – Water user charges, §13.01.170 192
Service pipe – Material specification – Permit required for extensions, §13.01.050 190
Service pipe – Stopcock and key box required, §13.01.040 190
Service pipe and other apparatus – Maintenance responsibility and repair restrictions, §13.01.060 191
Superintendent of the waterworks – Powers and duties, §13.01.020 190
Unlawful uses of water or appurtenances designated – Penalty, §13.01.220 193
Using water after turnoff for nonpayment of rates - Penalty, §13.01.210 193
Wasting water prohibited – Penalty, §13.01.230 194
Water main charge, §13.01.080 191
Water supply limitations for animal troughs and other facilities, §13.01.130 192
Water system – Authority of Mayor and City Council, §13.01.010 190
Water use restrictions in areas where water mains are installed, §13.01.070 191
WATERWORKS FUND
Created, §5.03.010 54
Source of moneys, §5.03.020 54
WEAPONS
Discharging explosives prohibited, §9.02.010 133
Discharging fireworks allowed on Fourth of July, §9.02.020 133
Possessing or producing explosives prohibited, §9.02.030 134
Prohibited explosives – special permit, 9.02.040 134
Violation – Penalty, §9.02.050 134
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YARDS, SIZE OF See 16.01.010