HomeMy WebLinkAboutORDINANCES - 02-00077 - Cougar Court Apartments - 7 Buildings (149 Units)ORDINANCL No. 6_39
AN ORDINANCE DECLARING IT UNLAWFUL FOR ANY PERSON TU POSSESS ANY
A4�,QjlOLIC LIQUOK OR BEER IN AN OPLN OR INSEALED C ON1'AINLR OF ANY KIND
"ILE ON THE STREE, TS. PARKING LO"f S OR SIDEWALKS OF THE CITY Or REXBURG,
ALSO DECLARING 1T UNLAWFUL 101 ANY PLR�ON TO AND ,Y
TN Q��'+ L-ATAIN OBJECTS IiJURiNG A1�� PERSON 0R DESTROYING AND IN�i�RNG
PROPERTY WITHIN THE CITY I,IMITS OF REXBURG, IDAHO; ALSO DECLARING ff
L'NLAWFUI, FOR ANY PERSON T0 OBSTRUCT OR GAL'SETO BF ORS-1'RL;CTED ANY CITY
STREETS, SIDEWALKS OR PARKIhiG LOTS IN THE CITY OFI�XBURU,1llAHD, INSUCH
MANNER AS TO RENDER TRAVEL UPON THE PUILIC �TPXET9, 91DEWALK9 ASD
PARK11wiCr L[7TS HAZAP.DOUS, DANGEROUS, OR ANNOYING TO PEDESTRIANS OR,
TRAVELERS; THAT VIOLATION OF SECTIONS I and 11 A AND B HEREOF SHALL
CONSTITUTE A MISDEMEANOR; ALSO PROVIDING VV1iEN THIS ORDTNANCE SHALL
BECOME EFFECTIVE, BE IT ORDAINED BY THE MAYOR AND CITY COUNCIL OF THE CITY
OF'REXBURG, IDAHO:
�. I� S��l� �� �� ������ � �� �of9E-VT10 ��� 1119ic�l aa� or Lo���ol
any alcoholic liquor or beerin an open or unsealed container of any kind while being upm the streets, parking
]its or sidewalks of the City of Rexburg, Idaho..
SECTION 11. A, It shall be unlawful for -,any person wit In the Cite limits f Rexburg, Idaho, to wilfuily
r carelessly tbrow am, stme. stick, snowball, egg, bomb, missite, or other substance whereby any person. -is hit,
i n� P
rop erty inj ured o r de stroye d
shall be unla-wful for a personwithin n the City Limits of Rexburg, Idaho, to stand, obstruct, place or,
cause be, placed, any obstrudion or to cause any object to be thrown or phiccd upoti �ny street or sidewalk to
'dmalks. arkin lots or a tic places of Rexburg..
wck R, maRfla m to fuRqu, t.fd-.Ygl �Pvfi ihi f�FFFF
Idea, hazardous, dangerous, I i ht n rig or amoying to any peclestrian or traveler.
SECTION 111. The violation of ffi-foregoing Sectn 1 and Se &ion II A and B shall constitute a.
� ° ordinance, hal l take effect immediatelyupon It passage, royal and publication.
SECTION�. Tier
PASSED BY TfIE COUNCIL AND APPROVED BY THE MAYOR this 7th day of October, 1981.
Mayor Jolui C. Porter
ATTEST:
Rose Bagley
city clerk
STATE OF IDAHO
Count of Madison
L E L
City Clergy, f the i f Rexburg, Idaho, does hereby certify : That the above .n
r cri n is a full, tru and correct copy of are ordinance entitled:
AN ORDINANCE DECLARING IT UNLAWFUL FOR ANY PERSON TO POSSESS ANY
ALCOHOLICLIQUORORBE I _ PE L LE CONTAINER or ANY ILL
�TRE TS RN LOTS O SIDEWALKS I� � � �,
�
CERTAINWHILE ON THE
ALSO DECLARING IT UNLAWFUL FOR ANY PERSON TO WILFULLY AND CARELESSLY
THROW BJE T I JU.1 G ANYPERSON OR DESTROYING n N INJURING
PROPERTY WITHIN T14E CITY LlNEI'S OF REXBUKG, I ALSO DECLARTNG IT
- -- 0 ; : T W-0 'Ir ,-F ---e ms T, A -% r X r Y%'T r~► 6"I f'k-% r -P1-% T-) 0 -r-D T T r' -F f-10 r AT T V T -P CM qT'R
i ] C.TF. -NY I TY
SThEE7'S. SIDEWALKS OR PARkIUU LOTS IN THE CITY" OF REXBi1RG, IDAHO, IN SUCri
MANNER AS TO RENDER TRAVEL UPON THE PUBLIC s,rREETS, SIDEWALKS AND
��Ilu[�1�
�1v - JUUQ, B
IKAVliI.ERS; THAT G OF SEC"CIONS t and 11 A AND B IIEREOP SHALL
WHEN THIS ORDINANCE SHALL
TITUIA N11 UL ILA VA1 A PRpV1DING1z
BECOME EFFECTIVE.
the
City
pas;.;cd b19p,N,r Council and approved by the Mayar this 7th day of October, 198 L
City= Clerk Rose Bagley
(Sea])
ORDINTANCENO.. 676
OADI���C� 10Tn� �����1L n����T� A hh
PERSONS TRAVELING OVER UR UPON OR OTHERWISE USING THE PUBLIC
SIDEWALKS WITHIN THE CITY OF R£XBURG,IDAHO; "I U INSURE FREE AND
liNRESTRIeTED A
THOKOUG11FAU111 X[JIDENCE1, AND DUILDN AbU'1TfN0 THE )ANIF":
PROVIDING FOR EXCEPTIONS AND THE INDFMItiIFICATION OF THE CITY
FRAM ALL LIABILITY BY REASON OF THE USE OF SUCH EXCEPTIQNSIL
j
PR{QVIDTNG FOR A PENALTY FOR THE VIOLATION OF THE PROVISIONS OF
THIS ORDINANCE; REPEALING ALL ORDINANCES AND PARTS OF
ORDINANCES IN CONFLICT HEREWITH; GNU PROVIDING WHEN SAID
ORDINANCE SHALL BECOME EFFECTIVE.
E IT ORDAINED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF
RERBURG, IDAHO.
'SECTION 1# It shall be unlawful for any person to obstruct any street., alley or public
sidewalk within the City of Rexburg.
SECTION 11 . It shall be unlawful for any person to store, install, maintain or operate any
material, ehi l , structure, fixture or business upon anv public sidewalk within the Citys except
as permitted by Section fV below.
SECTION Ill. It shall be unlawful to sell., display or advertise the sale of any goods,,
wares, merchandise,. food or beverage up n orftom any cart, rack, truceur r vehicle situ .ted
upon any public -sidewalk,
within CitY,.,
excePt as Permitted by Section IV be
SECTION IV. t- ith t din Sections 1* 11 , and f1l hereinabove , the City Council
may be resolution duty passedand adopted declare a day or days in the commercial areas off; the
City f Rexburg during which licensed merchants may display d sell goods, wares and
merchandise in front of their place f business. The merchandise displav d shall be confined
within an area extending not more than four feet from the store front and the display shall not
cover more one-half of the store fret and shall not extend within a distancef five feet
from each side of the store front. There shall be no signs or advertising on the curbs, no outside
food services and no tables and chairs for that purpose shall be permitted. The passageway for
pedestrians shall not be reduced to less than six deet from the inside of the curb and such
pedestrian passageway sYta11 not be obstructed in any manner,
SECTION V. Any iieensed merchant r other person conducting a lawful business in the
commercial area f r the ur f i l4yin goods, war and merchandise who shall place
such gioods, wares and merchandise, racks, stands or other objets on the sidewalk,,
asprovided ire Section IV hereinabove } shall first be required t i n d nif . the City of Rexburg
from any and all liability by r - n thereof to the extent of$1,000,000.00for any one accident
and to file proof with the Cite of such liability insurance indcmnifying the City.
SECTION VI. At any location i n the commercial area where the sidewalk is less than s i x
feet in width then the clear space for pedestrian passage shill not be reduced to less than fur
feet.
SECTION VII .Any person, Firm or corporation violating any provision of this Chapter
�° ic�ti n thereof, h punishable her fin not t exceed Three Hundred Dollars
shall, upon n � p
($300.00) by imprisonment for not more than six ) months or by beth fine and
imprisonment for any single iol tion.
SECTION Ill . All ordinances or parts f ordinances in conflict herewith hereby
repealed.
SECTION IX - This ordinance shall be its fall force and effect from and after its passage,
fl
approval and due publication as Provided bylaw.
PASSED �Y TnC COUNCIL AND APPROU�D �V TIS�[,�VOI�
thiI
s I 0t Inv
vf d unr� 19$x,
John C. Porter, Mayor
Rose Bagley. City Clerk
ORDINANCE Na.
STOPPING, STANDING AND PARKING
AN ORDINANCE OF TI3E CITY OF RLXBliRG, MADISON COUNTY IDAHO
KNOWN AS "STANDING, STOPPING AND PAKKING ORDINANCE" , PROVIDING
DEFINITIONS OF THE TER -MS USED IN THE ORDINANCE; ESTABLISHING
ADMINISTRA'1'IVE PROCEDURES; PROVIDING AN APPEAL PROCEDURE;
ESTABLISHING PROHIBITIONS AND REGULATIONS AS THEY RELATE TO
STANDING, STOPPING AND PARKING UPON PUBLIC STREETS, AND PUBLIC
AND SOME PRIVATE LOTS; PROVIDING PENALTIES FOR FAILURE TO
COMPLY'WTTH ANY PROVISIONS OF THIS ORDINANCE'- PROVIDING A
SAVINGS CLAUSE; PROVIDING FOR SEVERABILITY; RF;P1iAL.ING ALL
ORDINANCES AND PARTS OF ORDINANCES IN CONFLICT IIERF WITH; AND
PROVIDNG AN EFFECTIVE DATE HEREOF.
BE IT ORDAINED BY THS MAYOR AND CITY COUNCIL OF THE CITY OF REXBI7RG
IDAHO:
1. Application of chapter provisions.
The provi.sioiis of this prohibifilig the standing or parking of a vehicle shal pl t all
times, , or at those times herein speci'fied, or as indicated on official sins., except when it i
necessary to stop a vehicleto avoidconflict with other traffic r it) compli'ance with the irt n
of -a police officer or official traffic -control device.
2. Regulations not exclusive.
The provisions of this chapter imposing a time limit on perking shall not relieve any person from
the duty to observe other and more restnti
�ve provisions pro hibiting or limiting the stopping,
standing or parking of vehicles in specified places or at specified times.
3. Vehicles -Registration and plates.
Every vehicle at all times while being driven, stopped or parked upon the streets or alleys of tbis
city, shall (1) be registered in the name of the owner thereof in accordance with the laws of the
state, unless such vehicle is not required by the laws of Idaho to he registered in this state; (Z)
display in proper position two valid, unexpired registration plates, one on the front and one on the
rear of such vehicle; and (3) when required, ctirr-ent validation or indicia of registration attached
to the rear plate and in a manner complying With the laws of the state of Idaho, and free from
defacement, mutilation, grease and other obscuring matters, so as to be plainly visible and legible
at all times. however, if such vehl'cle is not required to he registered in this state, and the indici*a
o#'registration issued by another state, territory, possession or distfict of the United States, or of a
foreign country, substantially complies withthe provisions hereat, such registration shall be
considered as compliance with this code.
4. 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 sheet, or roadway.
.ParLg signs require
When by thiscode or aiiy other ordinance of the city, and except for parking meter zones, any
parking time limit is imposed or parkin is rohibited on d ML
(�
1LI
ilErn
city trat2SporiatiUn engineer shall erect or place and maintain appropriate sibns or traffic markings
& . il
RIVID9 flUtICe thOTOOf Rfld DO 00h F82fl1AfI*8M All be effechve unless saga signs or trapfic
markings are erected and in place at the time of any alleged violation.
6. Procedure for leaping 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 the ked nor, when such motor vehicle is
standing upon any perceptible grade, without effectively setting the drakes thereon and turning
the front wheels to the curd or sick of the street.
7. Lights ars parked vehicles.
A. Whenever a vehicle i -,s; lawfully parked upon any street within a business or
residence distfict, no lights need be displayed upon such parked vehicle.
B. Whenever- a vehicle is parked upon a street outside of a business or residence distfict
during the bours between ane -half hour after sunset and one-half hour before sunrise,
such vehicle shall be equipped with one or more lamps which shad exhibit a white dight
on the roadway side risible From a distance of five hundred feed to the front of the vehicle
and a red light visible from a distance of five hundred feet to the rear.
C. Any lighted headlamp upon a harked vehicle s11a11 be depressed or dimmed.
S. Opposite traffic- Parallel.
Na person shalI standar park a vehicle in a roadway provided witli curb other than parallel with
the edge of the roadway, heeded 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 an this chapter.
9. Angle or parallel parking -Signs or markings.
Where sums or traffic markings have been placed by the city transportation engineer after a
comprehensive study, no person shall park or stanci a vehicle other than between such traffic
markings or at any angle to the curb or edge of the roadway other than indicated by sucil sign oz -
traffic marking.
1Q. Handicapped parking -Public property.,
A. Handicapped Parking at teeters and in Restricted Areas.
1. A handicapped person whose automobile has affixed thereto, as provided by
law, the handicapped license plate or a transferable motor vehicle identification
card issued by the state of Idaho, shall be entitled to pari at any parkin; meter
and in the following identified restricted parking areas without charge,
notwithstanding any other state or municipal parking restriction: Freight loading
pones, passenger loading zones and time-limited parking zones.
t It is unlawful u for such handicapped person o:
a. Park for longer than two hours at all meters and restY-icted parking
areas where the maximum metered or designated time is legis than two
hours
b. Park For larger than the maximum metered or designated time at
kstncted parKIni! areas w ere the maximum metered or
�esignated tame is JODger than two hours.
B. Designated 1-1 nd capped Parking- 'The t tr n Orta tion i t hereby
authorised,, at tris/her discretion t ► reserve by appropriatesigning,
rity for handicapped perking, It is unlawful for:
I . Any handicapped person to park longer than the time shown an the"
esign
designatingthe area �.� "h�n��ca��ed parking". o�
2. Any vehicle to be parked in an area designated as handicapped parking, unless
such vehicle has displayed upon it the handicapped parking plate or transferable
identification card issued by the stat_
C. Unlawful Use of Handicapped License Plate. It is unlawful for any person usihng a
vehicle with a handicapped license plate or transferable motor vehicle identificatian card
who is not handicapped to use handicapped parking.
D. Restn"eted Areas Not Authorized for Special Handicapped Parking. Nothing herein
shall be construed to permit parking by any individual, contrazy to or as an exception to
the limited purpose of' the fallowing designated arcs;
I - Aiv area where official signs or traffic markings absolutely prohibit stopping,
standing or parking;
?. Areas Reserved for Emergency Use. "Emergejacy ase," as used herein, means
and shall include, but not be limited #v, those areas designated bv red curb
marking, also known as "red zones" designated as ambulance zones; ire hydrant
zcanes; fire lanes, whether on public or private property; or any other designated
area of the city pasted as restricted for emergency vehicles or emergency use;
3. On a sidewalk area;
4. In front or within five feet of a piivate driveway;
S. Within five deet of a fire hydrant, as measured in both directions along the
street or highway curb line, from a line extending frorn the center of the hydrant
to the curb line at its nearest point;
6. Within twenty feet of a crosswalk at an intersection';
7. Within t ro feet upon theapproach to any flashing beacon or traffic -control
device located at the side of a roadway;
8. Between a safety zone and the adjacent curb, or within thirty feet of points on
the curb immediately opposite the ends of a safety zone, unless authorized signs
or rnaz-I�ings indicate a different length;
A,
9. Within fifty feet of the nearest rail of a railroad crossinc;,,
10. Within twenty feet of the driveway entrance to any fire station, and on the
side -e of a street opposite the, entrance when properly signposted;
T
1 1. HIOri SiCie or opposiie aiiy street excavation or obstruct"
ion When stopping,
standing or Parking would obstruct or be hazardous to traffic;
12. Upon any bridge or other elevated structure upon r -q- street, or within a street
tunnel or underpass;
13. At any place in any public park, plavground or grounds of any public
building other than on the roads or parki'tig lots provided for public parking in
accordance with provisions of any officially installed signs;
14. On any footpath in any park" or playground; oi-
15., Taxi and bus stands or stops.
11. Disabled parking.
A. No vehicle except those displaying a disabled license plate or transferable
motor vehicle identification card issued by the state shall park in any parking spot
designated for the parking of disabled persons. This restnction, shall apply to and
be enforceable upon all property where parking is open to the general public,
whether parking is provided to the general public for free or for a fee.
B. Any lay enforcement agency authorized to enforce parking laws and
regulations in tile City of Rc;xbum; may appoint volunteers to act as its agents to
issue parking citations fog- violations of this section or any other city law or
r
regulation which p�escr�bes a penalty [o�- �l�ega]parking at any parking spot
t?
properly desicynated four the exclusive use of disabled persons. A parking citation
issued by a volunteer properly appointed under th is section has t h"' e came force and
effect as a c'tadon issued 11-10i i tor the same offense by a peace officer or parking
enforcement officer authorized to enforce parking laws and regulations in the City
of Rexburg.
C. A volunteer appointed under this section must be at least eighteen years of age.
The law enforcement agency appointing a voluntGer under authority of this
section may establish any other qualification or criteria for the appointment of
A
such volunteer.
D. A volunteer appointed under this section may not issue a parking citation Until
the volunteer has received training regarding the proper 'issuance of ib parking
citations from the appointing law enforcement acrt7�ency.
7.2, Handicapped parking -Out-of-state vehicles,
The parking privileges grauted by Sections 1 0 and 11* herein, or their successors, also
apply to vehicles
displayina a distinctive handicappedIicense plate or transferable
IF
identificat"on card issued by another stake, ildisplayed on a vehi��e til zed by a
handicapped person.
13. Parkin; meters -Definitions and marking of spaces.
A. Definitions.
1 ``Parking meter" means and includes any niechanic:al device installed
within or upon the curb or sidewalk area immediately contiguous to a
parking miter space which, when the naechanism thQrCof 1S 60t III moti r Oil,
indicates unexpired parking time for the vehicle parking eontiguaus
thereto.
2. "Parking upon
space' means an area adjacent to a parking meter u�
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 Hit
more than two motorcycles.
3. "Parking meter zone" means those streets or portions of'streets within
u'hzch the parking of vehicles shall be contralIed, regulated andinspected
with the aid and use of parking meters.
B. Pal -king 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.
14. Parking meters-Installation.
A. The city transportation engineer shall cause to be installed contiguous to each
designated parking meter space, on a parking meter so designated that the deposit
of a com or coins will setthe mechanism of the metes- in motion or penni't the
mechanism to be set in motion, sir that the meter will show the unexpired parking
time applicable to the parking meter space contl,guous to flie meter, and the meter,
when such parking time has expired, shall so indicate by a visible sign. Whenever
such sign is visible, the meter is in violabgan.
B. No person shall park any vehicle in any parking meter spice, except as
Otherwise permitted by this Chapter, wl'#hout irnmeiately depositing in the
parking meter contiguous �o the space such lawful coin or coins of the United
States as are required for such meter and designated by directions on the meter,
and tip.°lien required by the direction on the me#ez-, setting in operation the timing
mechanism thereof in accordance with said di"reefions, unless the parkin�; meter
indicates ant the time such vehicle i's parked that an unexpired portion remains of
the period for which a coin or Gains has been previously deposited.
C. No person, except as otherwise provided by this Chapter, shah permit any
vehicle parked by such Person to remain parked in any parking meter space during any
time when the parking meter contiguous to such space indicates that no portion remains
of the period dor which the Iasi previous coin or coins has been deposited, or beyond the
tame limited for parking as designated on the meter_
15. Parking Meters -Spaces and Time Limits:
The Cit} Transportation Engineer shall establish and designate parkincT meter spaces, including
restricted meter spaces, wiiliin the parking meter zone, and shah provide for maximum
pfh`
dor all meters....W . Ing
16. Parking Meters -Rates:
Parking meter rates shall not exceed twenty five cents ($0.25) per aria -half (1/2) hour of parking
within anyparking metez- zone, unless increased by resolution of the City Council of the City ofRexburg.
1.7. Parking Meters -Restricted Spices:
No person shall park or perrnit any vehicle to remain parked in a restricted parking meter space
dun'ng a restricted period,, except those persons included within the clays for whose benefit the
restriction is imposed.
IS. Parking Meters -Overtime Parking Prohibited:
A. No person shall pari or permit any vehicle to remain parked m any harking meter
space adjacent to a meter for a continuous penoci longer than that desi�z�ated on the
meter, or atany time when the meter violation indicator �s Shown.
B. No person shill place coins in any expired or unexpired parking meter for the purpose
of showing or extending unexpired time with the intent of pennittyng a vehicle to remain
parked at such inetez-, with unexpired time showing for a cnntifluous period longer than
that designated ori the meter.
19. Parking Meters -No Charge Wlien:
A. Parking meter spaces may be used without charge on all days of the week between six.
o'clock (6--00) P.M. and eight o'clock (8:(}4) A.M., and during all hours on Saturdays and
on Sundays and holidays as enumerated in subsection B of this Section. With regard to
parking at parking meters on Saturdays, when signs or traffic markings are erected or
placed by the direction of the City Transportation Engineer hinifing the duration of such
parking, no person shall perk a vehicle or permit such vehicle to remain parked dor longer
than the time specified, between the hours shown upon any street, parts of a street, ar
roadway.
B. I . The word "holiday" means:
a. every Sunday;
b. The fist day of January, called New Year's Day;
c. The third Monday of January,) called Martin Luther King's Birthday;
d. The third Monday of February, celled Washington's Birthday;
e. The last Monday in May, called Memorial Day;
f. The fourth dad of July, called Independence Day;
g. The twenty fourth day of July, called Pioneer Day;
h. The first Monday in September, called Labor Day;
I. The second Monday of October, called Columbus Day;
j. The eleventh day of November, called Veterans Day;
k.The fourth Thursday of November, cabled Thanksgiving Day; and
1. The twenty fifth clay of December, called Christmas.
2. When February 121, J 4., July 24, November i I or December 25 falls on a
Sunday, the followincy Monday shall be considered the legal holiday, and no other day
shill be considered a holiday.
� S.
Permission to park in parkin ;meter spaces without the deposit of a coin may be granted by:
A. The City Transportation n o r or the Engineers designee upon � xeing
cation'b i
made therefore in writing Ligon the following . tiorl
1. A showing
of a
substantial need
to temporarily close off the meters invalved to
the public use
for
a stated duration
of tune,
2- The placing f aut]-jonad bap over the meters in -Volved
and
3. The payment daily in advance to the City Treasurer often dollars ($10.[?0} per
meter for the first day., or pert thereof, and five dollars ($5- 00) per meter per day,
or part thereof, thereafter for a maximum of fifteen (I5) days;
B. The Mayor or the Mayor's authorized designee, for no more than a total often
(la) days in any one calendar year cand upon three (3) working days' advance notice to
the Council by special order setting #orth the dais, hours and/or affected area or areas of
meter or meters, upon the fol lowing conditions :
l . When the waiver is for a limited penod to foster area business promotion, or to
commemorate public holidays, parades, gatherings or events,
2. When a substantial public interest is furthered by the waiver, or
3. As an experiment to gather data on the effects of parking meters and the
economy of the surrounding areas.
2l. Parking Meters -Use Of Unexpired Time:
The driver of a veh]',cIe entering a parking space at a time when the meter for such space shows
unexpired legal parking time znay permit such vehicle to remain parked fil 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.
22. Parking Meters -Coins And Keys -Tampering Prohibited,
A. The insertion of any lawful coin or coins in any meter shall not entitle any person to
park in such parking miter space during the time paring is prohibited in such parking
metes- space.
B. It is unlawful to deposit in any parking meter anything other than lawful coin of the
United States,, or any coin that is dent, cut, tone, battered or otherwise misshapen. No
unauthorised person shall remove, deface, tamper with, open, break, destroy or damage
any parking meter. No person shall willfully manipulate any parking meter in such
manner that the indicator will not operate or continue to show the correct amount of
unexpired time before a violation_
C. 1�1City 01 Re'XbUTL12 to 11ave in suA
pei-s on s possession or on his or her person any key which wilI Open the coin box of any
parking meter in the streets of the Cily,or on any pV Iii parkifiz aria opcUtcd Afld
maintained by the City -
D. It is unlawful for any person to duplicate or reproduce in any manner any key which
will open the coin box of any parking meter in the streets of the City, or on any public
parking area operated and maintained by the City; pravided, howevcr, that such keys may
be duplicated or reproduced for the use of the City of Rexburg upon wntteil aut1lo3-ization
from the Mayor to do sa.
"3. Parking in More Than One .Parking Meter Space:
Na Person shall perk or permit any vehicle to remain parked in more than one parkin,
meter space at a time -
24. Airport
ime_
24..Airpnrt Parking -Signs and Markings:
No person shall dark a vehicle at the airport other than in a manner and at locations itidicated by
posted traffic signs and markings,
25. 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.
2b, Residential Parking Lots Owned By the City:
A. No person, on the premises of any residential parking lot owned by the City where a
sign or signs are posted designating such residential parking lot as a parking lit of the
City of Rexburg, shall:
I . Park any vehicle continuously in excess of sevezlty two (72) hours;
2. Park- any boat, trailer or motor home;
3. Park any vehicle over eighteen deet (18') in length or eight feet (8') wide;
4. Abandon any vehicle;
5. Malo repairs on any vehicle; or
b. Park any vehicle thereon which does not bear a valid license plate and current
Idaho inspection sticker.
B. For the purpose of this Section, the term "residential parkirig lot owned
the it
ears any area where vehicles may he left unattended upon anythe F
have an ownershipinterest in, and which has a sign or signs thereon stating
is a "Residential Parking Lot of the City of Rexburg",
C. Any vehicle found in violation of any of the foregoing prohibitions upon any
residential parking lots owned by the City is hereby declared to be a nuisance, and may
be summarily abated by removing any such vehicle by, or under the directions of, or at
the request of a police offices or other officer charted with enforcing the parking laws of
the City to a place � storage within the City by means of towing or otherwise, as
prodded in than Ordinance, and the provisions of said Ordinance shall govern the
disposifion of" any vehicle so impounded.
27. Na Stopping or Parking -Color Markings and Signs,
A. The City Transportation Engineer is authorized,, subject to provisions and Iimitations
of this Code, and after a comprehensive study, to place aiid when required herein shall
place and maintain appropriate sicqis or traffic rnarkulp to indicate standing or parking
regulations, andsuch traffic markings shall designate; tie zones and shall have the
meanings herein set forth.
1. Red: Red means no stopping., standi'no, or parking at any time"
J
2. Yellow: Yellow ineans no stopping, standi'tio or parking except as d
by appropn- ate s- r traffic ma in cs. esignated
igns o rk"
B. When apprope signs or traffic curb markings have been erected or placed according
to this Section,, no person shall stop, stand or park a vehicle n any zone contrary to the
provisions of this Sect' .
Is
28. Loading Zones and Restricted Parking -Designation and Signs.
-
The City Transportation Engineer is bauthorized to dece�-mine 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 i ions of this Section are applicable.
29., Freight Curb Loading Zones-,
A. lea person. shall stop a vehlcle or permit the same to remain -,stopped fog- any
purpose or length of time other than for the expeditious loading and/or unloading
of niaterials in any place marked as a. freight curb loading zone during the ho -urs
when the provisions applicable cable to such zones are in effect. Vehicles so using
freight curb loading zones must have City freight permit and freight license
sticker permanently affixed to the front windshield of the vehicle as prescribed by
City ordinance. In no case shall the stop for loading and/or unloading of materials
exceed thirty (30) minutes.
B. The driver of a passenger vehicle may stop at a place marked as a freight curb
loading zone for the purpose of and while actually engaged in loading or
unloading passengers when such stopping does not interfere with any City -
licensed vehicle used for the transportation of materials which is * waiting waiting to enter
or about to enter such zone; provided, however, that the driver must remain with
his or her vehicle.
40. 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 carver vehicles sliall be designated by
appropi--iate sins or markings installed by the CityTransportation Engineer,L-1
31. Buses and taxicabs -Parking restrictions.
The dj•iver of a bus or taxicab shall not park upon any street upon which Dal -king is
prohibi€ed, restileted, limited as to time 01" registered bw parking meters, at any place
other- than at a bus stop or taxicab stand re
prevent the dnvcr Veefively, except that this provision shall not
other stoppina ' of anor pa�•k�n�; y such vebicle from temporaffly stopping in accordance with
reZDguldn"'ons at any place for the, purpose of and while actually
engaged In loading or unloading passenger -s.
32. 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 passen�er�, nor shall any person stop, stand or park anyecle vh-otherthan a taxi -cab in fI
a taxi stand, when such stand or stop has been of
0 ncially designated and
appropnately signed and marked.
33. Taxicab sands-Establi'shinent and signs.
The city transportation engineer is hereby authol-ized and required to establish taxicab
stands on such public streets in such places and in such manner as the city transportation
engineer shall deteamine to be of the �reatest benefit and convenience
onvenience to the public and
every such taxicab stand shall be desi�r-�atc�d by appropr*iate sign or markings installed by
the city ti-ansportation engineer.
34. Restricted parking zones.
No person shall stop, stand or park a r�7ehicle for any puipase or length of tinie 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 temporaffly Ill such zone
for the purpose of and while actual1v engaged in loading or unload'
ing 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 accordancc with the purposes t
parking is restricted and the driver must remain xn the car. 0 which
3.5. Parking in alleys.
No person shall park a vehicle within an alley except dunng the necessary and
expeditious loading and unloading of merchandise, and no person shall stop, stand or
park a vehicle within an alley in such aposition as, to block the dx-iveway entrance or any
abutting property, or interfere with the free movement of trafflic through the alley.
36. One-way roadway restrictions.
In the event a street includes two separateroadways and traffic is restricted to one direction upon
each of such roadways, no person shall stand or park a vehicle upon the left side ofelther of such
roadways.
37., 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 P011CC Officer or traffic -control device, or When necessary to
avoid other traffic.
19. �fop piI
ng or parking -Roadways without curb.
1=1. No person shad stop, park or leave standing any vehic] e, whether attended or
unattended, upon any roadway constructed without a curb, when it is practical to step,
park or so heave such vehicle off such roadway. In every event, such parked veh:icle shall
be Parked in the direct -Ion of ]awful traffic movement with an unobstructed width of talc
roadway opposite the standing vehicle deft for the free passage of other vehicles, and a
dear view of such stopped velaicles shad be available.
B. This section shall not apply to the driver of any vehicle which is disabled while on the
main traveled portion of a street in such mann- and to such an extent that it is impassable
to avoid stopping and temporarily leaving such disabled vehicle in such position.
39. Stopping or parking -Prohibited zn certain areas.
A. No person shall stip, stand or park a vehicle, except when necessary to avoid conflict
with other traffic or in compliance with law or the directions of a police officer or traffic:-
control deice, inany of the fallowing places:
I . On a sidewalk area;
?. In front or within five feet of a }private driveway;
3. Within an intersection;
4. Within five feet of fire hydrant, as measured in hath directions along the street
or highway curb line from the lime extending from the center of the hydrant to the
curb line at its nearest point;
S_ On a crosswalk;
6. Within twenty feet of a crosswalk at an intersection;
7. Within thirty feet upon the approach of any flashing beacon or traffic -control
device located at the side of a roadway;
8.. Between a safety zone and the adjacent curb, or within thirty feet of pointy on
the curb immediately opposite the ends of a safety zone, unless authorized signs
or markings indicate a different length;
9. within fifty feet of the nearest raid of a railroad crossing;
D. W; thin twenty feet of the driveway entrance to any fire station, and on the
side
of a street opposite the entrance when properly signposted;
1 1 . Alongside or opposite any street excavation or obstruction, when stopping,
standing or parking would obstruct or he hazardous to traffic,
12. Upon any bridge or other elevated structure upon a street, or Wit�li�� a street
tunnel or under�aass;
13. At any place were official signs or traffic rnarkin�s prohibit stopping, or parking--
14. At any peace in any public park, playground or grounds of any public
building other than on the roads or parking lots prodded for public parkincT and
then only in accordance with provisions of any officially installed sins, such
signs to be installed by the city transportation engineer, pursuant to the authority
granted in this ordinance;
15. On any footpath in any parr or playground;
16. Within a fire lane as designated and marked in accordance with the
provisions of the relevant Rexburg City Ordinance, or its Successor, whether on
public or private property; car
17.. an a median or island, or on any divi-dinc, section_
B. No person shah move a vehicle under such person's contro-1 into any such
proNbited area., or upon aiiy area not designated fez- vehicular travel or
Parking.
40. Time-limited parking an certain streets.
A. Purpose of Section. The city council finds that restricted -time parking
regulations are designed to require movement of vehicles from designated street
parking locations to enable as many members of the pubfic as possible to have
access to prime street parking locations. Some members of the public attempt to
avoid pul-poses of restricted time parking by moving their vehicles only enough to
cover any markings placedby parking enforcement personnel or by moving their
vehicles only to return within a few minutes to the sane or approxi
mately ��e
same parking spot..
It is necessary to provide fair and equal access to limited public resources and
assets such as prime parking locatiolls.
B. When signs or traffic markings are erected or placed by the direction of the city
iransportati"on engineer, no person shall park a vehicle or penn'
such vehicle to
remain parked for longer than the time specified, between the hours shown upon
any street, parts of a street, or roadway.
C. It i's unlawful for any person to :
x . Park a vehicle on the game time -restricted parking block face for longer
than the posted time limitation, or having left a park*
ng spot located on a
time- restricted parking face,reenter the parking anywhere along the same
street block face within the same length of time as the posted time
limi'tation plus thirty minutes �mmediately following the vacation of the
}lace of initial parking; or
2., Remove a temporary mark placed by an en(o1-cement officer except that
which may naturally occur as a result of driving the vehicle.
D. Definitions.
1. "Block face" means the side of the street were the vehicle was parked
between
two intCNect.ing streets. An alley shat] not be considered a street.
2. "Street" and "alley" have the meanings set forth the relevant Idaho State
Code,
or s.
theirsuccessor provisions.
E. CM' I Penalty -Continuing Violation. Violation of this section shad constitute a
civil violation. It shall be a separate offense for each. violation of the pasted time
fin-iftations.
W
F. Every driver about to enter a parking space being vacated shall stop his or her
VehFc1 9-
1e I*n the actprocess of vacating the parking space, and having so waited
shall have pi -tor right to the parking space over all other drivers.
G. No dnWer shall stop his or her vehicle ahead of a parking space being vacated
and attempt to interfere with a danver who has waited properly to the rear of a
parking space being vacated.
41. Street -Parking prohl"bloted at all t" Imes.
When signs or ti-affic markings are erected or in place on any street, parts of a street, or
roadway, giving notice therco�',
no per -son shall park a vehicle or perm.it such vehicle to
remain standing at any time.
42. Prohibited parking for restricted vehicles.
A. No person shall park, or allow to remain standing., any restricted vehicle upon
any sti-eet, part of a Street or roadway of the City of Rexburg, except: (a) to load
or unload the vehicle as long as the loading or unloading is done expeditiously; 01A
(b) upon restricted vehicle routes and truck routes as defined by the transportation
engineer and in obedience to traffic signs and markings upon said routes.
B. No person shall park., or allow to remain sanding, any re acted -L_-O strvehicle upon
any privately owned property within the corporate limits of Rexburg, if that
propci-ty is zoned LI]R, LDR-1, MDR, HDR, or CBL),
if the access to the
property is accessible only by the use of public streets or roadways where the use
of such roadway by such vehl-cic would be unlawful.
I-
C_ Subjection 'B shall not apply to vehicles parked upon privately owned property which
has a valid nonconforming or conditional use permiitl)at allows restricted vehicles upon
such property.
43. 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
sicins and inarkings, upon any street, parts of a street or roadway.
44. Parking prohibited -Locations,,
leo person shall Park a vehicle:
A. C)n any public street or alley where the width of the roadway is less than twenty feet;
B. Cin the south or east side of any public street or alley where the width of the roadway
Y
is over twenty feet, but less than thirty feet, unless otber-wise directed by traffic, control
devices'; or
C. Upon any primate driveway within a traffic district where the width of the driveway is
less than twenty feet..
45. Obstructing traffic by parking prohibited.
Na Person shall park any vehicle upon a street in such ca iTianner or under such conditions as to
%r,_'4- -Wft v r
lklir XLL�L
heave available fess than ten feet of the width of the roadway for free movement of vehicular
traffic.
46.. parking on sidewalk area prohibited.
No person shall leave or cause to be deft, or parked, any vehicle upon any portion of- a street or
highway between the curd dines or the lateral lines of roadway and the adjacent property lines.
. Parking for certain purposes prohibited.
No pens n -hall park or operate a vehicleu1pon any roadway for the
A. Displaying such vehicle forsale;
B. Greasing or repairing such vehicle, except repairs necessitated by an emergency;
C. Displaying advertising; or
D. The sale of foodstuffs or other merchandise in any business distt-ict.
48. Using streets for storage prohibited.
No person shah park a vehicle, boat, trailer o7- other item upon any 5trect for a Period o#- time
Iongear than forty-eight hours.
49. Using, streets for storage of motor homes, beats and trailers prohibited.
No person shad park a motor borne, boat, trailer or other idem upon any street for a period of time
longer than forty-eight bours. Motor homes, boats and trailers which ars moved from a parking
spot and then re -parked an the same street block face within twenty-four hours from the time of
said removal shall be deemed to have been continuously pax -ked for the purposes of this section.
"Block face" means the side of the street where the vehicle was parked between two intersecting
streets.
SU. Parking violation -Owner's responsibility.
Whenever any vehicle shall have been parkedill 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.
Sl.. 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 properly, such officer is hereby autborizcd 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,
52. Unauthorised Use Of Streets, Parking Lots And Other Areas -Penalties:
A. I - Any person engaging in the unauthorized use of streets, parking lots or other
areas as provided under this Chapter, within the City, shall be liablef-OTa civil penalty.
Any penalty assessed in subsection B of this Section may be in addition to such other
penalties as may be provided in this Ordinance.
I "Unauthorized use of streets" jiieaiis a violation
prohibition containedin t:Chapter- '
its successor.
B. Civil penalties shall be imposed as set forih on the Notice of Parkin(y Vioiation, as may
from t �,g so rir�� b� affluz"IT11900 b� "Cl 0D o(her CiCy Council otfte City of RN U�Xt
civil penalties specified irz subsection B of this Section shall he s-ubject to
reductions as set forth oii the Notice specified in subsection F3 of this Section if the
penalties are paid within the designated number of days from the receipt of notice.
D. As used in this Section, ``receipt of nUtice"means the affixing of a notice to the
vehicle alleged to have been employed 1'11 such unautholized use, or by delivery of such
notice to the owner or driven- thereof
53. Unauthorized Use of Streets -Strict Liability of wrier:
Whenever any vehicle shall have been employed in the unauthorized use of strecis, the person in
whose mine such vehicle is registered shall be strictly ]able for such unauthorized use and the
penalty therefore.
54. Unauthor"zed Use Of Streets -Appeal Procedures-
A.
The Mayor shall appoint such hearing officers as he or she deems appropriate to
consider matters relating to the unauthorised iise of streets.
B. Any person having received notice of such unauthorized use, or the owner of any
vehicle employed in such use, may appear before a hearino,Z�� officer and present and
contest such alleged unauthorized use.
C. The burden to prove any defense shall be upon the person raising such defense.
D. If the hearing officer finds that no unauthorized use occurred or an unauthan'zed use
occurred but. one or more of the defenses set forth in this Section is applicable, the
hearing officer may dismiss the notice of unauthonzed use and release the owner or
driver frorn, liability these under. Such defenses are:
1. At
the time
of the receipt of the notice,
Possession
of the subject vehicle had
been
acquired
in violation of the criminal
laws of the
State;
2. If the notice of unauthorised use alleges a violation of any ordinance
pertaining to a parking meter, such meter was mechanically malfunctioning to the
extent that its reliability is questionable;
3 -Compliance th the subJect ordinances would have presented an U-nniinent
and iTTeparable injury to persons or property.
E. If the hearing officer finds that an unauthonzed use occurred but one or more of the
defenses set forth in this Sections is applicable, the hearing officer mayreduce the
penalty associated therewith, but in no event shall such penalty be reduced below the sum
of three dollars($3.00). Such defenses are:
1. At the time of receipt of the notice, possession of the subject vehicle had been
acquired pursuant to the written lease agreement or similar written agreement,
2. The subject vehicle vvas mechanically incapable of being moved from sucb
location; pz-ovided, however, such defense shall not apply to any vehicle which
remains at such location in excess of six (6) hours;
3. Any markings, signs or other indicia o#'parking use regulation were not clearly
Visible or comprehensible;
4. such other mitigating ci�-c�zmstances as may be approved by the City LawDepartirie��t.
F. If the hearing officer finds that an unauthorized use occurred and no applicable defense
exists, the heann9 officer may, in the interest of justice and on behalf of the City, enter
into an agreement for the timely or pez-iQdic payment of the applicable penalty.
G. If the penalty imposed pursualit to this. Chapter remains unsatisfied after forty (4(7}
days from the receipt of nonce, or Eery (1+0) days from such date as may have been agreed
to by the hearing ofticea-, the City may use such lawful means asare available to collect
such petiatty, i�icIuding casts and attorney fees,
55. All ordinance and parts of ordinance in con iffict
w1 d'
rinance are �
46. Neither the adaption of this ordinance mor the repeal of any ordinance shill, in any manner,
affect the pros ecu t 1 on for violation of such ordinance committed prior to the effective date of this
ordinance or be canstmcd as a waiver of any license or penalty clue under any such ordinance or
in any manger affect the validity of any action heretofore taken bv the City c�fRexbur� City
Council or the validity of any such action to be taken upo�� matter pe��d�ng before the Cl+ty
Council on they effective date of this ordinance.
57. 'I'he provisions o#`this ordinance are severable and if any provision, clause, sentence,
subjection, word or part thereof is held illegal, invalid,, or unconstitutional or inapplicable to any
person or circumstance, such illegality, invalidity or unconstxtutional or inapplicability shah not
affect or impair any of'the remaining provisions, causes, sentences, subsections, words or parts
of this ordinance or thee- application to ether 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 incIuded
therElIl, and if such person or circumstance to which the ordinance or wart thereof is held
inapplicable had been specifically exempt there fro,rn.
PASSED BY THE COUNCIL AND APPROVED By TSE MAYOR. THIS TFIE
3''� DAY QF November, 1999
Rose Bagley, City Clerk I
ATTEST:
State of -1da}ao
County of Madison
I, Rase Bagley, City Clerk cif tI�e Gi�y of Rexburg, Idaho, do hereby certify that the above and
foregoincy is a full,
true and correct copy of the Ordinance entitled:
AN ORDINANCE OF THE CITY OF REXBUItG, MADISON COUNTY, IDAHO
KNOWN AS "STANDING, STOPPING AND PARKING ORDINANCE", PROVIDING
DEFINITIONS OF THE TERMS USED iN THE ORDINANCE; ESTABLISHING
ADMINISTRATIVE PROCEDURES; PROVIDING AN APPEAL PROCEDURE;
ESTABLISHING PROHIBITIONS AND REGULATIONS AS THEY RtiLATE `F0
. T
STANDING, STOPPING AND PARKING UPON PUBLIC STREETS., AND PUBLIC
AND SOME PRIVATE LOTS; PROVIDING PENALTIES FOR FAILURE TO
COMPLY WITH ANY PROVISIONS OF THIS, ORDINANCE; PROVIDING A
SAVINGS CLAUSE; PROVIDING FOR SEVERABILITY; REPEALING ALL
ORDINANCES AND PARTS OF ORDINANCES IN CONFLICT' HERE WITH; AND
PROVIDING AN EFFECTIVE DATE HEREOF,
Passed by the
City C
Kole Bagley., City C
(SEAL)
ouncil and approved by the M�yor this, the 3" day of November. 1999.
lerk
O 1 IA1 I'Nope tS41.
RDUNA CF P110V1l l FO1 THF, I� 0]NSI G OY DOGS,;
ISE. CE; P IDINC' FOR T1 IF IM POLFN DNIEN T OF UN L 1 CENISE 1) DOG
AN1) DOGS RUNNING AT LARGE; I)IZOVIDING FOR 1MP011KDN1F.N-r1`
DUT ()la ISOLICEMEN AND PO LTN' 1) MASTER; 1'ICF1., Off
UNTPOU [MENT AND REDEMPTION; ION; jsI VI Iii ITFI°IOI. (-�
0N -
COMMERCIAL KENNEL LICENSES; PROV ID INC FOR DISPOS'IT[ON 0F
D WITH KALIFS; PROVIDING FOR nPl- TRUCTION OF GS;
NIAKENC IT 14NLAWFUL TO INTERFERE, WITH SEIZURE OR
E TRUCT I OF DOGS; 1.110HI I T INN CRUEL TfI.E AT MEN'Y OF D0('8;
VIOLATIONS" F THI ORDI N A S E; REP 1A 0 KL)1 ANC 0} 5 I,
411� AFT) CHAPTER35 OFTHE REVISED. DINANCES AND ALSTHE. t
Ill NAMES OR PORTIONS TM ERE l (A)INFLICT H f:REWI1'II;
TIZOVI DI r FOR T" F.FFF. CTI.VE DATE 8FT11 IS 0R1)1N C r,,.
• r
13E IT IN 1 Y THE �+I ,II T'H� �'l�l` COUNCIL �T THE �1`�"
OF 1ZEXBURG,.N4AD1S0N COUNTY, II)AtiO-.
SECTION is LICENSING OF W)GS. k lia[l unlawful for Hn-v p rsoia or persons
i
to own, kte-P or harborA ter - dog, mahn. or Ecinalc over 3 nii,)Wh of'eirjre wirliiri the CiTy or t-,xbur
ithout obtai n i ng a license.. ']'lie figs lbr neat havi n ti ' i ccn Fe for a dog Wil I lie,0, 00 1' 1- #l»
I W.00 1M- Ilie sccand offense and $200.00 fibr each suh-equelli Offense.
SECTION IT, AMOUNT OF LICENSE. Livens s Will J)Cfo q(je i free of charge t -L)1-
all dogs residing wilhin the City o1'Rexbtircr. 'I'licsc VnIl i 1-cr flic lite 01-ille
inial on i;und itinn that the a")nes' py ov[dc:s appopri ate changc o f address Jorm.s or change. o f
)Amer -hip cams to the Police dtpe-rimtrot. �ailurc - provi(]c Change nfad,dress or o-kncrship
ificatioll to Elie Police depannient widiin -30 days ol'suc-ii cliange will be punissNahic by a fint
10
550,00,
SECTION [if: i LSU' Ali ('FI OF LICENSE. 'I'lic Police departments lia 11 i s ripe a
1
is nse to the dog ownor avd sh-11 main in [lie fol lowing in f rmat on mg-nr-d-tug tic l icun se- tie
e of i�suv, dic nateiv aril addiess and phone n0rn er of dio ovvne�, the nme, age and sex a-rth-e
dcscriptron of the dog and the number of (lie hcensc.I . 'I le pollice department sh".tl I form li
it h each I i cense a m eta i i g w1i ich sha 111) s t ainpcd w it h the In u tuber CmTt s po ndin g to Lhe
umber of the licni c.
ECTI ` TV. -NIETAL T CY ATTACTI 1). '11ic metal tag, as destribedhi Section III
f the i-dirmaace; shall beattar-fied to a collar rind t�e ce'Llar "sept on the neck of 1fie. dog_ Failure
keep proper identif caii n on (lie ci(, L, �-vll I be punislia N X a rtDc off -50.00.
'BION V. UNLICENSED DOGS - IMVO U4;J1)MEN . All di�) s im lic�nnqscd mid
i7 ��� prow ode �n Beni ons 1, 11, aced ] I1 above, are. dec��i�•��I to he a ptshl ic t�ti i nce, and it
t 01,6
N
is the day of al I )lice o[flicers and Chc Fo u"d mslur to take up and i m pmI nd ti= 111 dog. not So
1-!C'enscJ and coIIared. _Tkie fine 6or not having, appropriate Iicens-c wi11 be ., 0.00 for Lhe (Irst
offcasc. $ 100.00 r file S C ridffemsc, and $JC)P(j10Jj0 For t;ach NUh,Cgttt t ofl' me,
SE
CTI 1.DISTURBINGTI 1E. Nf ACE U N I AWYU L. ii I'�- �inlak t,ul 5M, Jr.My
p r cm to own, k-ecp or barbi-ir-%vithln the iim-1ts of the City, -where teth re . cagrtd or tithe-rwis ,
ani= do by bark in h,ovvlin , yelp inn. v%chimperin, or whi ,ing,. or by he- nYn i ng of officr
S. l� t�irtthe quiet f rr � n i i ri i r person. L i t�� hire i � i11r 1011
%vil1 he mads ,- by a law enforciernent after- an investi 1'sa'd c(m.1ploint. V ifo1 li n of
I s L c -c tion o f the 0 rd in2mce �vI I I p uni sha le by a %i7 c of S50. 0� 1l )r ihe fi rsL offense- 100.00 for
ibe second offen.w. and $200.00 1(yr the third offense.
RCTTON V11. RUNNING IA4GE - IMAWFUL L H 1&.
x cr.r) pr vide ii on VI 11, i t 'LS U UIWI I'LlI i r anyPersori to caxi , permit n
allow any. (i , whether licensed or not, to roam. run Or stray awdle rrom the preiniscr., of file
Owner, n1c �:
A. Such &g be In the c r c. of the mvner or some dul ,' u.thorizc� and
compo+-nt person and while controlled by zi lemili ur Chain 110t cN.-Ceeding ten reet 1.71
Ecngth.
. Such doh (ined or completely etel c rrtrol led while i
filll err
ulymn arly 111 t r yell-IGlC.
C. Sucli o g is on any othor premiw.6 �-viLh the const of the perskin its
posse.ssl(m of suchr mi t, -.s,
Failure to keep the dog -under control wi'." lie Punishable. -by a fine. of` .00 for the (IT -St
C71 Vill. l LIl�+i l i � T LARGE - EXC PT( . 'l�l�� .4I r�Liil�Il «�C� .
desi'gnatc nuctit areas of a public prk, or ut,Rer City o-�,vned Imid for ther� irm-n or extrcise of
doggy; r holding dog sb ws or -exhibitions. ares need not be controlled b
leash or chain. but shall be under the control A'er respons kfle per on and ontroll d by whistle,
voice or oth or effective command. Vai lure io comply ly tvil th this rn oetioji wi B he puii i slmriie by a
fie OFS50.00,
SECT10N IX. I POLI I)MLAT DUT111-IF POLICEMEN AND
P �.�ND TY . It �r1 � tl c l��t � . Ii 1� 1 I;I �: r Lmd -j�e I)omidmia.sler vi seize and
impound any dog Found to he running at hft e- MS PT0-V-id d in Setion Vila
SECTION X. NOTICE OV 11 tIPO s ISI VA) AND Rl,MEMPTION, OF LICENSED
DOGS. The owne ` uft! try li ce -ed. ouei7.o ,ILJ i
IMIATUIldcd-shall be nottriedibc
police departmem 1cl on'lually.w thin 2.4 hotirs of sm-WOF'n writing -vvi in 49 hours.
e.J,cp ion lc notice hall he sufficlew ivhen Elie p�ilicc officer Spcaks dircctly w'Lh the owner (-�r
Wr UCTI r O L I cc 9hall be SLI H IC i elft when it i vnfi t is the dog by hcene%e numbei-, slate the cleats and
the place of seizure.is placed i11 a ISERW env-eloI)e addrcssed to the owner of the dog at hiS
residence s appears on [lie application for the and is deposited in the United Shates rnall,
Postage Pr pai .
Iivery f is oed clog seized iii al l lac r lai ned in the pound for it period o f fi v
Lays after notice is made tel ephon i ca ly or mailed r -o L1ic awner of the dog. At iy Iiine -vIi i1c the
I
dog is i un&Llr the o nei- or k cr :r m.. a redeem the (Io by paying to -the sura of S5,00ifior
v_very t # mt - four hou rs that the ciog has ku hold in die jimind. Th is w; � not rel j eve hc� wvnel-
i rn in aj)l_ Lu i rt i -n the Ma i trai c's Division ion uY tlic District C UTt fob' disun'u Lln tv i`o answer
clef y e hi irgu s t1in t may e ilud against him f`or v ioi ti f1,; anyprovision of Lh i s rch nu nee. Failure
to redeem t h e dog wi 11 gub"cet the Nvn r to a Vena 11), o f S 10 01.00
I�� :T10N 1* I� � OUNI)M ' l.l' AND I I I)EMPTI N OF UNLICENSED DOGS.
A ll Tl s cited and impounded Lhat o not ���ur a col a, �1��� 1 i����� �� provided in���:�i��r� I� I�
an I I I � and - Bose �x���A i rLi [lip i unknmui to 1 hu pc� l ice c -r ur-V-1-1,,�,.ffi nt or the PULLndrnaste ; shin l be
term ncd i rl, ih e pound for a period of 72), hours, (lLfT'i n�T W-1 i c h thuevIie, dug may be rel eased on
payment t�f the pound bet W' #5.00 tier �Iay- cin obtaining a. li�'.c-ns-o. This wt' ll not rullc c the
wn r froi-n appearing in the Magistral ' s livid on n I' llic 1)Istrid Cmirl Im M adi on County to
answer Lijny charges -tliat rnay he .filed agaimst hinj t r ViQlating ,I?lvlai o�`i fan ol' Ih3i s, Ordinanw..
I lure to redeem the dog °ill subject the € caner to a penalty of S 100.00.
E CTI N I I. C l'l~ATI N — I Iii EU FII* ] () t' ENrl . In file of s- izing and
j_7poundhio am, doo frond to lie, runii:-n t larve in ` iohiiicin f SeCtj0jLj V11 the Leash Law),
the pol Ice o ffitcer c. r po u ndmast eri ii-iay, i l' the ow -nes of the d��� i s n ��� ii, '155 Lie a C ita� on tha(
shall mcei the Following requirem ntS: MULSt h1r1VC C Z1_WL;Uiivt: n mberi, -.space Lu provide
Ciate, time alld j oc aii on o f ' f n e, 11(lime rife d ac ki re s S offlic owm-lrarld the o l;j � n Lq C by b ri elk
aescri Pt-Mri.
Sll'.7CTION XJIL CITATION - ISSLIANCE. The ejuitionshaH be Issued by th police
officer or the poundma t r by handil-16 a Copy 4 Lhe original to the owner, yr by n{ailing him .,i
17 A PTO' ''1C112_ 1 by section 1 . If c7wn r doe.9 not appear before die Magistrc-de with tiie
citation wiffiinp five dayN after he Nis been notified oftlie. offense, the police offiecr or (lie
11
ra°
h
IF #
undmaster who iisued flit catali n, shall prepare a 1'���n�t:1��t��t, ������' �i1, 4�� ����r ry
r 'tII
the If t�sc, including wheal cr it be a lIrsts Second. third or subsequent ofl'cnse, and re
s-ent the
same to The couil I'Dr the 'ssij
�(.1Ti IV. .LABII,_,, -T QUAIZANTINL. Pie poundmaster qhaiLl, Nave uthol-ih,
io or er the L)wner of qP, d og s I ria. sv+n ` p to -n� o f rabi es or f- any dt)g NvIiich has h iften rarnv
per!son,, to sub'e t the dog to the c-tly Poui-14d I- ���r Tolle. f -or a penod not to exceed fiilecri
days , If the clog is dei rmined to lie frc of rabics, it sh 01 he rcturned to f]ic owner after
payment of' on -h It L-) f tlic rcyiilar dee f'iir kecping d oQs ial11 iizidc, d. o ()Lh or rce Beall be
:h ii r . 11oNN-'e
r, if the n't,ial is no t redcerne(t
ars � s �`e
����t p��l�:�, the ����n�:�� ��iil1 h
d jF111C
� � f $10,0,,00- 111 ll c1r f S L!bPi �1U ] n d
aJog Lu the
pO' LITIL-1 l'or quarantine, [lit ow tior
# F
3=. at its expense, admit (lie d(w) L v t r'����ri��� for � �irr�i����ti�_r�.
e�
' rT,IN . IE s- � I�� STRU �TI . Any do orf
` ted with rabic shall'be
d is fin sie o ii-1aicdIat el y, eit[icr the o weer or p oundma ster.
Fr1 TT � XVI.DESTRUCTION ODOG 1���� � t �1�� � l� �fi��C Cell i 111POL111 ed and
not rcdcc nc will hu lisp siti��ned thka p��llr��lmaster in a 1��1��ianc� � nar niie. , Th Le �ti��� n r of
unclainied aiiinialsill he subject to a fiiic oC$100.00.
DESTRUCTION OF DOGS. It -is un'1,a%e1`L,1 1"Or 1;mv purs n to hi.TAL"r, mole 7t, r 111tcrfe-r with
aiiv 1)eT9on !, i 1 �fulIv engaged I' zi11g- 'IIIIp uridi n _, r �����r i��� any cog} r removing
the carcass as provided -in thils Ordi n�inrx,
EC7110N V[1L CI tcV1,11Y PRO I1111IT 'rD. h jlllawl'11 lor any perl�x$ to
mahreat Or 1133 ITE I.MV tnimial_ car lilavi ng the ri . l3t or litlinri ty, to kill any inizil, W kill
the an nil in aii Inhurna , ixanncr.
SECTION XIX. PUBLIC ISPO 1110 F ANIMALS. It wall lie unia— ill (o
A1HT31a1. �� n F 1 nCS Qr mi i ty �����t�� X16 �� 1 �. I �1�� �i��= ltivnitv��it�� u t
-1 rst olotai ri tri S a lac rrn i t firs in the Re x hiir�s, PoIIce D e arta-nerd. The l orrn I(� be c o j i) pi eted lb r
Pr val �-,&per pit application Ek awc.hed hereto as Att chnient 91. The fine For violating hi
esti n shall be $200.00,
SECTION X. ARANDONMEWU OF ANINIALS. It sliall be unlawffil to cat'Ja1 don
e
n ima [: w l'll1in the city limits or to abandon i ter animals in the silfr unding, area. The fire l oT
tlrti.ks n e shall he $500 -DO.
I
SECT10N XX1. DEFINITION. The term (mmu as- kis ti -In this or inan hail be
�nstrued to mean -arid itie] ud e any pers i i, p V.ns)otr S , .assn Ciiatiun, busine ss enti vy, -r c o r oration
4 Of6
i
a
1PP DT'clte ts () f th C 0r, 0 f R exburg,
I d
ECTION xjjxjj. VIOLATIONS - PE I "nE. . Any l.ror,.5 o�' » Vi L)jjjtirig
l)C PrOVI.Smas of is 0.rdhi n shall be gu'ItNj of a Mi-sderneftnor wid shall be, pun' -s -b -Ale -B
TIdiCHIcc[ in each Serf i Ori, Iti ad(II(ioil � a I I lb u n d UlItWLI , bt assessed
sEcriON XXIIL REPEALING, I . tr in.a .cc Nos. 591, 4115 Chapter
of Revisedr rnances% and or(j- anew r � rt c t� - � nances m confit : licFclVilh art.
ke re by repealed.
IN TI IV, EFFECTIVE TIATE OF ORDINANCE. This rdinanc.e sl 11 be 11)
till fckrce and effect from and a'ftei-
A5 passage; approval and publication.
P the City Council of ille f ReAur. Idaho; and ! PPRDV1-D by fig,
Yr this "' day of Juuary, 2001,
ice Sufli Brian , ay
IqT.[ T-
I ar l y Hansent CI ty, C. Ier
(SE -AL)
0
Attachment 41
F 0 R Ob 1 V I N G P E T S A IYA Y ON C I TY P ROP F R'FY OR A T A P LA CP OIF B ur S I N F
WT7 I -TIN T T f F. C FY OF R jR0
ale of Application:
am e al et Own e r:
dd-ress o f P 2 t O -Ari i,
N7L j m b er of Pet OiNmer
De r] p I I or, o f Pet(s) I c) be C riven Away
Age of Pets:
Vaccinatioris P.1-ovic1ced to theso Pets-_--,
av 0 Tli c se F ets bcci i Spay e, d o r Ne utered:
j ye -G;
Wlint. I s the mate o f the P rc) p c)sed Pel G 1v o- ay:
What L - Ma L; 11 D() You Int end to Use fo r Thi s _t, cr (.i livirc Aw'] ;
I F P fac..' of B usiiie ss, Does Managmew Concur With 'j -h I S:
T C Yes 5 PI ease Have Ianag e.Tor hisRe-presentaitive ql'gn and Date.,
Signature;
Date Sign-L:d-
11,1CATION'. I.,.N] U
'D APPROW
ficer's Signature.,_
te. o f TJ et en -n limt 10 i I
-A-6
NO
yep
Nc)
ME STANDARD JOURNAL
Rexh urgk Mahn
&111nw Df Madisun
TERRY Tr W A= RTONTI [ F13' SVS?OM .
depose and sad flmt I am 1j1 4
pmter off` TTIF
T,?\NDARL-) J [JRN3 timesttel'- ncw,
PrInceJ and publisliod 3 fines. -i1 giver in ReXDjjrg N if
cl y, Idaho; and i du 1bat the
()RDI ANE 1NO. 841 - CITY J, I73URG
a COPY Of w11iC11-c3fi ce aPPCa-1at taclied heFet.jo�r -VvaS
published in the, regular and 00m isnlC of q lid newspaper, -
and not n€ l m . u thereof or - � �
p
co"Ae.2ut r El-eg, O first Pltbh afion ha -vin been n=,je THE LIC ENS1NOOF M
on JA NL7j,)Ry Ma I
411d [tic 1.1st publicafion ING DOGS FROM FtUN[
THI
IwAng cn made ()fl JAN CJ S 00 �I a � � FOR TTV � MPI
� � �I f�1� �{�� THE � 1�1P�
17'1 17410r, that said � t ap r i 1 i r� r �1 Ott a LINLICE NSED DOGS A.
ING AT LARGE, FF
C OLInty that 11 is a Ift] newspaper, conforming t()MEN U D
POUND tAA
legal sPfcificafions under the Tda O to t - that it bas on
OF MAP UNOMENT
Ic t o hundred bona fide su xibem din T1 ON: PIR � Lr -T H SIT,
� l � ��� �r � ��' FIS R 714
wunqp of u 1 ti OVK
r��tt; a � d that 1"t has � cI�n -kj ousl � COMME RC IAL' K E
tl f .I
PROVIDING FOR DIS
pul�Wie in said i t' during a SWITHRASIES—P+
PeT
I1C1� 'tt ut r #� DESTRUCTION CF 66
UNLAWFUL TO MNT�
DOGS; PROHIBiTING, t
MENT OF as; DEF
i,l � � CSP Gy PRW0IN P
NOS 581. 411, AND (-,F.THE RE�`f S E 0RO I NA1
T6 EEREOF IN CONFLI
P RC's D IW3 FOR THE
DATE OF THI ORMA,
LINTY OF MADISON } BE rT G ROA INIED 8'r
AND THE CITY COUNC.1i
CSF RE BLJIRG, MAC4S-
fl is 23RD day OfJARyt l� 1° JDAHO-
E Ti N I: SLI C ENSI'
It shall be unlawful fo-rTi x -:I Not -VT PubEr 1"1fily appears Toir pGfsors
to own, ke-ap or h
Weatherston, known gy ideclified to MV 10 I 11,1011 - mate or female over 3 1
WAh1n the City of Rgxbu
bomb; by nic. first laxly sero �����tf ` � � i� �n �.��1��� Ih�1 e�
I fi LaL (tic Ej at icii rev
1 j= r T true, 1�1 'rr /�' (jT4 5200 f n r *:3 ch s u aq Iieil1
,T �� a [it h cxtul Ited SECTION 11, AMOUNT
;N-t%jai 0111 I � �' � r ticenses WINbe ptovided
Re bU FV These I k -s n ge
1 *k3, °• - +'. , { ,, ° •-.� the fifer of 14U an 1 Uri Go
addrC53 lcrms OT r'iani-t
fOrrns 10 the Pd dl par#f
Zes ii�"Yjy 1 I - f� 14� a 1141G�I? k If�t. F IQ the PQ,°�I
` ii R.� 4#�0.E�i1.1 •'■; LVI�iF. $G days �f1.�7
PUM55 �b� by a JIM of gql
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ss
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I
ORDINANCE N0. 9l9
AN ORDWANCE OF THE CITY OF REXBUR , MADISON COUNTY ID IT
KNOWN S "CITY TREE ORDINANCE"', INTENDED T PROMOTE THE
GENERAL HEALTH, SAF -aTY AND WELFARE OF THE CITY
PROVIDING DEFINITIONS OF THE TERMS USED IN THE ORDINANCE;
ESTABLISHING THE STANDARDS FOR PLANTING,,MAINTAINING
REMOVING TREES, SHRUBS OR OTHER PLANTS 01\7 PT BLTC PROPERTIES;
PROVIDING THE GUIDELINESFOR PLANTTNG, MAINTAfNING OR REMOVING
c
TREES,. SNUBS OR onffiR PLANTS ON PRIVATE PROPERTIES AND IN THE
IMPACT AREA, . RO III G PENALTIES FOR ILU TO CONIPLYWITH
,ANY PROVISIONS OF r HIS ORDINANCE AND SETTING FORTH THAT A
a
�._ VIOLATION OF THIS ORDINANCE 1 TITUTE ' A MISDEMEANOR -
PROVIDING
I EMEA R -PROM I A SAVINGSCLAUSE: PROVIDfNG FOR SEVERABILITY*
REPEALfNG ALL ORDINANCES AND PARTS OF ORDINANCES IN CONFLICT
HEREWITH; AND PROVIDING EFFECTIVE DATE HEREOF*
S
'WHEREAS,the Cite belt'eves trees are critical elernents of the environment which
promote and .protect the public health,, safety, and general welfare f the community; and
.
WHEREAS, trees, sfu-ubs and plants provide a vital contribution to the aesthetic
character of the itv and the region's natural be .ri�•�� r and
W�
WHEREAS,trees, shnibs andplants roved cost-effective protection
against severe weather conditions with cooling effects in the Summer months and
i, ul t ff t 1 rYt t{ and
WHEREAS, trees'. shrubs and plants add to the general values of local properties -
an
WHEREAS, trees, shrLibs and plants create an Improved wr and eater quality
with the absorption of llutant assimilation f rb rii dioxide and generation f
oxygen and the reduction of excessive noise and adverse impacts caused by noise
pollution; and
WHEREAS, trees, subs and plats provide reduction of the adverse 'impacts of
land disturbing activities such as runoff from impervious surfaoil erosion, and land
instability, and sedimentation pollution- and
WHEREAS., trees, shrubs and plants,providehabitat, r, food su land
corridors for a wildlife to interact with the community,
NOW THEREFORE, BF IT ORDAINED BY THE NfAYOR AND CITY
COUNCIL E THE CITY OF REXBURG IDAHO:
SECTION 1.
DEFINITIONS:
The
following r rd and Phrases when used in
this ordinanceshall
have the m -Li.
ire
set out
1n this
Seciion&
ADJACENT PROPERTY OWNER: Any Person owning property adjacent to pill
ALTE RNATE HOST PLANT: One of two kinds of plants on which a pent must
develop to complete its life cycle.
ro
ANSI : The American Nafional Standard for Tree Care Operations - Tree, Shrub
and Other Woodv Plant Maintenance - Standard Practices. This is a document offer n
basic perfonnance standardsfor tree pruning; published 1n 1995 by the American
National Standards Institute (ANSI) the m as amended from time to time.-
Ordinance 919 1
ARBORICULTURE-, -, The cultivation of trees, including planting, pruning removal
r any other action which affects the growth and maintenance of trees.
CITY -W, The Cite of Rexburg, l ah .
CITY TREE COMMISSION: The City Tree Commission or the City Tree
I I I I
iindesignee.
CRITICAL ROOT ZONE; The area under a tree extending from the base of a. tree in
alldirections t 'Imaginary 1ne 10 feet outside of the drip line or as determined at a
preliminary site inspection by the City Tree Commissin,
FORESTER: The person responsible for administering the City's tree progrwii.
HAZARDAny tree, public or private, with visibly defined structural defects likelv t
cause failure of all or part of the tree* and be a danger to public safety.
PERMIT: Written approval issued by the City and required for anv- activity on public
faces or wit in the crifical root zone of public trees.
PERSON: Any individual, flirm, partnership, corporation, association, company or
organization of any kind.
PEST: Any insect, disease or other organism harmful to trees.
PRUNING.- The practice ti f cutting tree limbs according to mindards contained in
NSI A300.
PUBLIC PROPERTY- Any propertv owned b , dedicated to. or deeded to the public
r for the public use. City parks, public rights-of-way and other pub l'i cly owned,
controlled, leased or managed properties are included ifi this definition. This definition
excludes miy federal or state owned propertiesexcept �v li re otherwise provided b
contract or law.
PUBLIC RIGHTS-OF-WAY: Improved or unimproved. public propert y ownedb
dedicated to. r deeded to the public or for the public's use, for the purpose off, providing
� 1 p
Vehicular, pedestrian and other public Use. Such public pr pem provides ircu.lati n and
travel to abutting properties and includes, but is not limited to, streets sidewalks,
landscaping, r is io for public utilities, cut and fill slopes, anden u lie space. For
p
the purposes of this Chapter, alleys are excluded from this definition.
LaiSAFETY: The condition of being safe from bodily harm and/or r j
Dania e resulting :from tree condtions and/or failures wile using publicrp erty.
PUBLIC NUISANCE: Any tree or part thereof (public or �iiv ate) which, b��, reason of
location or condition,, constitutes a hazard to publicsafety.
PUBLIC TREES: Any tree (inclusive of roots within the critical ret e whose
trunkis located, partly or in � F
le, n public property.
.
TOPPING: " iding " or "heading back" or any other term that can be described a
severe cutting back of 1i� within a tree crown to- buds_, stubs or laterals not large
en u h to assume a terminal role or a defined ' n NST A300 -P
TREE: Ann woody plant, which is 15 feet or more in height at maturity, with a
single or multiple trunk, often unbranched for several feet above the ground and having a
definite er Tn.
Ordinance 919
SECTION 11. APPLICABILITY: This Chapter establishes regulations and standards
n ssai to ensure that the City continues to realize the benefits provided b -y the
Community Forest. It is not intended to resolve or regulate disputes over trees on private
pro pei00
that do not affect general public safety. This ordinance is enacted: to:
A, Promote the general welfare of the City by stablishi and maintai n i n
the maximum .imam amOLI t Of CanOpy coverage r id d by trees
f
B. Preserve and enhance the City's environmental, economic and social
characters with nature trees
C. Protect public, safety,health & welfare;
D. 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;
E. Maintain trees in a healthy,, non -hazardous condition through application
of tree care standards contained in ANSI ;
F. Establish and maintain appropriate species diversity acrd age classes i
order to provide stale and sustainable community for t•
G. Establish a. process by which pub ic trees are to be planted pruned and
removed;
Ht Implement the goals and obi ectives of the City's Comprehensive flan.
SECTION III. JURISDICTION: This Ordinance shall apple to the following
properties as set forth:
Public Property _Yhe Cite Tree Commission shalt manage and regulate the
planting, maintenance, prot fl on, removal and replacement of all public trees
within the Cite limits; thus exercising the City's autliority to do so granted
p u ris uant to the provisions f :l d h Code 50-312 - Improvements f Street
, Idaho
Code 50-317 - Removal of snow, ice rubbish and weeds, Idaho Code 1415
Responsibilities single county -wide highway di strias within cities — Final
decision on Urban renewal projects — Settlement of questions.
Private Prop The City Tree Coi-nmission 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 'privateproper- within the cit. - and the Public
,
rights f wayabutting the sane and may assess the cost tliereof against th
property so cleared, and against the property abutting public rights of wav s
cleared, as provided for in Idaho Code 50-317. Tht assessinent shall be collected
as provided in Idaho Code50-1008.
Area of Im The City Tree Commission shall. make recom mendati n with
respect t trees that are of general public interest within the Impact area. Such
general public interest st shall include, but not limited t trees that w
i � r l l rrnpa..t
v 1 wally the Libl i c rights of way, trees that overhang public owned properties, and
trees that are of such a nature as to haNFe significant nh l i recognition.
SECTION I IV. ESTABLISHMENT Old DESIGNATION OF COMMISSION: The
Mayor with the assistance f the City Council shall d si rat a �i .Ire
r miss,i n, which shall consist of not less than five nor more than(15)
individuals, but can be an exists commission providcd it meets the abo-ve requirements,
and authorize such persons or coiiamission t rf rni the duties impos. � � d and exercise the
powers .granted by this chapter. For the purposes of this Ordinance,the City Tree
Commission, i's hereby authorized to carie out the following duties.
Ordinance 919 3
ministra i /N'i n m n Duties;
A. Develop, administer and maintain uni Forestry Mana m nt Flan.
B. Administer a pro r .rn of Public outreach and education relating t
Community Forestr T ars.d the plantinn and care of trees,
C. Administer and nn ai tai n a permitting pr ur for ai i planting, pruning,
protection and removal of public trees.
D. Establish and maintain a 'inventory o`all public trees.
E. Maintain a Communifty Forests budgct to be conta'Ined within the budget of
the City. The City may expend .funds to plarit, maintain or remove trees in
accordance with the provisions of this Chapter, the`ommun its r Forestry
n
Lana ent Plan and existing policies.
F. Oversee and require compliance with pest management programs as may be
adopted b the City.
G. Facilitate the proper selection, Pl ntin and maintenance of public tease in
residential, commercial and industrial d l meats ��r ith in. City limits
Rexburg Area f itv Impact, the :it Tree Commission shall reviewand
provide comment oil development applications when such applications are
submitted to the Ciq7 Planning and Zoning Department.
H. Establish polici es to carry out the provisions of this Chapter -
Perform all necessary acts to ensure that all public trees nforin with the
Community ]Forestry Management Flag and this Chapter.
J. Annually provide public notification of the requirements of this Chapter.
A. Establish and mai .tai
Tree Protection Duties,*
A. To aA--oid creating public nuisances or dainaging publictrees the City Tree
I s s i u is authorized to require thein protection (including the critical
root zone) from construction or other harmful practices.
SECTION V: RESPONSIMLITIES OF ADJACENT PROPERTY
Anv- person in p s i n of private property shall maintain trees upon adjacent public
h is of way and any trees upon private property which may affect public property,i -i
safe and Healthy condition .in compliance � ith the provisions of this Chapter. Adjacent
property owners have the following responsibilities:
Restmnsibilities for public trees
A. Obtain Permits
Meet all requirements and obtain all permits necessary for work done
(including, but net lir ited to, pruning and removal) any public
trees as required..
. Meet all. requirements and obtain all p rinits n. essar , pribor t
commencing repair of damage done to public streets or sidewalks
adjacent to any pubhe trees.
Meet all requiremcnts and obtain all permits es for any tree
planting n public property,
B. Routine Treeelvlajntenan
1. 1)runing of trees located on public rights-of-wayadjacent t the
owner's private real property.
a. Prune and maintain such u l i e trees according to ANSI '
except .sections 5.5 and 5.6, which are deleted.
b. Topping, heading, shearing r- r and "1 over are not acceptable
forms of tree Pruning and are not allowed on public trees
unless first approved T the City, Tree Commission,
c. Except as othenvise determined by the, j r `Free Commission.,
branches that o-verhang sidewalks r streets shall be pruned
provide u fi-lent vertical clearance over the sidewalk and
tr et so as not to interfere with public travel.
. Trees shall be pruned to remove --cad limbs o r other fimbs that
are considered a public nuisance.
2. Control pests on trees located on public rights-of-way adjacent to the
owner Private real property;
11
Provide water sufficient to beep trees located on pubfic rights-of-way
'
,jacent to the owner's private real property in a health ,. growing
condition,
C. Protection/Preservation
I. Obtain a permit fro m the C it F Tree -+Corms s ion before perfo rm hig
any activity which may arm any pail of a public tree (inclusive of the
critical rootzone);
2. Not*
f the City Tree Comm i s ion when any p a pai t f l i e tree is
damaged r destroved.
Ordinance 919
Responsibilities for private trees
A. Routine Trce Maintenance
1.
Renioval or pruning oft located on the owner's ri t real
property that is consideredpublic nuisarice.
2. Pruning oftrees located on the owner's ri at real property that i
considereda public nuisance. Branches that overhang sidewalks ot-
streets or-
streetsshall be pruned to provide sufficient vertical clearance over the
sideN�,,alk and street so as not to interfere with u li travel.
Control of pests on trees located on the owner's private red property
which may, upon determination by the Cite Tree Comrnission, pose
threat to public trees.
. Removal al c) f all debris (wood, branches . leaves) from public property
suns t of the day n N-N)hich any tree work clone.
SECTION VI. PERMITS:
A. No person may performn the following.acts without first obtaining
from the City Tree Commission a permit forhich no fee shall be charged,
and, nothing in this section shall be construed to exempt any
� rson fr oin the
F i
requirements of obtaining mi additions permits required b law
I . Plant trees on public rights-of-way r inn.00
pL� ]i pl that are not
consistent with the plans established bar the Tree ` i i i }
2. P gut,, remove rth rw' di turb anv public tare. This
provision shall not be construed to prohibit owners of property
adjacent to public rights-of-way = from watering or fertifi7nng suchtrees.
3. Attach any object to public tr.
B. Permit Application Proced u res
1. Contact the City Tree Commission via .email, phone, fax or email prior
to commencement of the proposed work -
2. Upon inspection, the City Tree Commission may issue a permit t
perform n of the acts specified in pant A of this section
. The City Tree Commission inkonditi n the approval of any permit.
C. Requirements: Public Tre Planting Permits.
I . Each appiication for a plantingpermit shffl designate the species
variety of public tree proposed. The Cite Tree Commission shall.
designate the location of the planting,
. Approval of public tree species, spacing, placement and minimum tree
well sizes shall be obtainedfr oro the City Tree Coniniission pri"or
issmwce of a permit.
Wherever any public tree is planted or set out in conflict with the
provisions f}this Chapter, it shall be .l lawful for theCity Tree
40
Commission to remove or cause removal f the same* The cost of
removal of succi tree may be charged to person responsible for the
planting thereof.
D. Requirements: Tree Pruning/Removal Permits,
I , Prior to pruning or removal of any public tree, 'Ipplication for prn it
must made by the propel owner r print t.r �i ricurrently
licensed by tai i�..
Ordinance 919
. Whenever a tree on Fublic ri its- f- is rem()V + .
shall mpl the tree removed condition of issuance of a pen -nit
fog. renioval, tinless such requirement i waived by
the City Tree
mmi ion for good cause shown. Conditions may irr�~lud
requirement r F ns t r,payments.
SECTION VII. PENALTIES FOR VIflLATION:
A. Any person whO violatesany provision of this Chapter or who faits to comply
with a lawful order of the Cite Tree Commission shall be guilty f
misdemeanor. Any person convicted of a misdemeanor utider the provisions
of this Chapter- may be punished by a fine not to exceed r be
imprisoned i -n the County Jail facility for a periodnot to excecd
��; both such n and imprisonment.
B, in addition to any criminal nalti 'th .t may be unposed, the City inay
Pursuecivil penalties and restitution for actual damages.
SECTION VI1 L PUBLIC NUISANCES : The fo ilow-i ng Eire hereby .lay- uhl i
nuisances under this Chapter
.. Any tree, lu- u h or plant: or part thereof (public or private) which,
location or condition, constitutes a. hazard to publicof as determined
the City TreeCommission.
B. Any tree, shrub orp lant or part thereof n public or privatero e i ywhich
obstructs the free passage of pedestrian r. h ul traffic upon public r- i ght -
f -way or which obstructs public street lighting.
C. any tree, shrub, p l ant or altercate host plant or part thereof n public or
private property) which harbors pests which reasonablv inter- be expectcd to
40,
inj urs orharm public trees.
SECTION I X. ABATEMENT OF PUBLIC NUISANCES: "I 'he fifliowing are the
prescribe means f abating public nuisances under this c li. iter :
1
A. Any tree, shrub, plant or alternate host plant or part thereof uhl � c or
private)
declared to be a pubtic nuisance shall he pruned, removed or otherwise treated
in accordance with the requirements of this Chapter. Except for removal of
trees from public rights- f-wa T, all costs for nuisance abatement are the
responsibility of the a r tr rtV, owner.
B. The City Tree Commission may cause a written notice to be r nail served
r sent by mail to the owner of a particulars props ,- declaring the exi*stence of
a nuisance, and the means by w 1 I c h abatement may b e ac co m p I ished.
C. In the event the nuisance is nothated by the date specified in the Notice
the
itN� Tees Commission is authorl"zedt the abat rn nt of'said nuisance.
The reasonable cost of Such abatement inay be cliarged to the subject property
art
owner. Monies which have not been r r'd through the City. bill -
collection procedures may result in s lien against the properv or assessed on
taxes as provided for in Idaho Code Title 50., In ad i t i n., the owner of the
property upon which the nuisance is located inay be subject to prosecution.
under th i Chapter, r an other Chapter ar o f the i t� r the Idaho
. code
for nt; i'nin a public nuisance. Nothing in this Provision shall be
construed to exempt anv person from the. re u*
trement of obtainingr nit .
D. The City 'brae Coiinmi*ssion
is empoweredto cause the immed i .t
abatement
f any nuisance if it is determined by the City, Tree rni i n to be
an
emergency or pose an 1*mmediatc hazard to public safiety.
Ordinance 919 7
If theit Tree 7 i ion determines that di l the Vii, branebes
and soil from removal or pruning of a nuisance tree is required to complete
abatement. such disposal shall be dote as required b t.e '
City Tree
COMMIssion. All posts associated with the disposal of material r m private
trees -shall be the responsibility of the property owner.
SECTION X. APPEALS:
A. Any person affected by an order, rant, denial, r revocation of a license or
permit by the City Tree Commission may appeal such orders grant, denial
revocation t the Rexburg City Council.
B. Such
appeal shall be filed in writing and submitted to the
i '
Clerk 1thin [
days
f the date of notiffication of the decision of the, City
Tree
Commission.
C. The p .1 shall be heard by the City urs '11 within 30 days of thenal
being ffl d, and any a t" n by the City Tree Commission and the appellant
shall be delayed until the decision of the Cray Council is rendered,
D. The City Council may in onf i -mite with the provisions of thish pt r�
l
reverse or arm or modl, wholly or partly, the order, grant, denial or
revocation of any permit and the decision of the City Tree Commission.
E. The decision of the City Council shall deemed final.
SECTION X1. SEVERABILITY: The, provisions of thispt r� sha..11 deemed
1
severable and a finding court of law that a pMr isi n of this Chapter is uralv. ful shill
have no effect on the remaining provisions.
SECTIONX11* EFFECTIVE DATE: Thl's ordinance shall be an full force and effect
n the first day after its passkize, approval, and publication thereof.
SECTION XI11. REPEAL OF CONFLICTS: All ordinances and parts of ordinances
in contl I*t with this ordinance are hr y re pealed.
PASSERBY THE COUNCIL AND APPROVED 13Y THE MAYOR THIS
05th DAY OF MAS 2004*
Shawn Larsen., Magor
ATTEST:
Blair D. I ay City Clerk
(SEAL)
Ordinance 919
I
State of Idaho
: SS
County of Madison
W�
1, Btair D. Kay, City I e I f
Clerk of the City of Rexburg, Idaho, do h -rebN,?- cert y that
We
the above and foregoing is a futt, true and correct copy of the Ordinance
N ORDINANCE OF THE CITY FREEXBURG,, MADISON COUNTY,
%p 4 T!
IDAHO, KNOWN AS "CITY TREE ORDINANCE INTENDED TO
PRONIOTE THE GENERAL HEALTH, SAFETY AND WELFARE OF TFIE
CITY OF RE XBURG BY PROVIDING DEFTNITIONS OF THE TERMS USED
IN THE ORDINANCE; ESTABLISHING THE STANDARDS FOR
PLANTING., MAINTAINING ORRL-ILOVING TREES, SHRt IBS OR OTHER
PLANTS ONIUB-LI C PROPERTTES: PROVIDING THE GUIDELINES FOR
PLANTING� MAINTAINING OR REMOVING TREES. SI-IRUBS OR OTHER
PLANTS ON PRIVATE PROPER1JES AND IN THE IMPACT AREA;
PROVIDING PENALTIES FOR FAILURE TO COMPLY WITH ANY
PROVISIONS OF THIS ORDINANCE AND SETTING FORTH THAT A
VIOLATION OF THIS ORDINANCE CONSTITUTES A MISDEVEANOR;
PROVIDING A SAVINGS CLAUSE; PROVIDING FOR SEVERABILITY;
REPEALING ALL ORDINANCES AND PARTS OF0RD1NANCF1,S IN
CONFLICT IEWITH; AND PROVIDING AN EFFECTIVE DATE
HEREOF.
Passed by the City Council and approved by the Mayor this the 051 lciay
of May, 2004.
Blair D. Kay, City Clerk
(SEAL)
Ordinance 919
9
ORDINANCE NO. 818A
STOPPIN
STANDING ANO PARKING
AN ORDINANCE QF THE CITY OF RExBURG, MADISON COUNTY, IDAHO KNOWN AS "STANDING,
STOPPING AND PARKING ORDINANCE", PROVIDING DEFINITIONS OF THE TERMS USED IN THE
ORDINANCE; ESTABLISHING ADMINISTRATIVE PROCEDURES; PROVIDING AN APPEAL PROCEDURE*"
ESTABLISHING PROHIBITIONS ANS REGULATIONS AS THEY RELATE TO STANKiNG, STOPPING AND
PARKING UPON PUBLIC STREETS, AND PUBLIC AND SOME PRIVATE LOTS; PROVIDING PENALTIES FOR
FAILURE TO COMPLY WITH ANY PROVISIONS OF THIS ORDINANCF; PROVIDING A SAVINGS CLAUSE;
PROVIDING FOR SEVERABILITY; REPEALING ALL ORDINANCES AND PARTS CSF ORDINANCES IN CONFLICT
HEREWITH; AND PROVIDING AN EFFECTIVE DATE HEREOF.
BE IT ORDAINED BY THE MAYOR AND CITY COUNCIL OF THE CIN OF REXBURG IDAHO;
1. 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 atter traffic or in compliance with the directions of a police officer or
official traffic -control device.
2* 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 prohibi ing or limiting te stopping, standing or
parking of vehicles in specified places or at specified times.
3. Vehi'des-Registration and plates.
Every vehicle at all times wile being driven, stopped or parked upon the streets or alleys of this city,
shall (1) be registered in the name of the owner thereof in accordance with the laws of the state, unless
such vehicle is not required by the laws of Idaho to be registered in this state; (2) display in proper
position two valid, unexpired registration dates, one on the front and one on the rear of such vehicle,
and (3) when required, current validation or indicia of registration attached to tie rear plate and in a
manner complying with the laws of the state of Idaho, and free from defacement, mutilation, grease and
other obscuring matters, so as to be plainly visible and legible at all times. However, if such vehicle is not
required to be registered in this state, and the indicia of registration issued by another state, territory,
possession or district of the United States, or of a foreign country, substantially complies with the
provisions hereof, such registration shall be considered as compliance with this code.
. Continuous movement required.
When signs or traffic markings are erected or placed by the direction of the city, no person shad 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.
S. Parking signs required.
When by this code or any other ordinance of the city, and except dor parking meter zones, any parking
time limit is imposed or parking is prohibited on designated streets or parts of streets the City
trar�spartation engineer shall erect car place aid maintain appropriate signs or traffic markings g iving
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.
5. 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 the key or, when such motor vehicle 'is standing
upon any perceptible grade, without effectively setting the brakes thereon and tuning the front wheels
to the curb or side of the street.
i. Lights on parked vehicles.
A. Whenever a vehicle is lawfully parked upon any street within, a business or residence
district, no lights geed be displayed upon such parked vehicle.
B. Whenever a vehicle is parked upon a street outside of a business or residence district
during the hours between one-half hair after sunset and one-half hour before sunrise, such
vehicle shill be equipped with one or more lamps which shall exhibit a white light on the
roadway side visible from a distance of five hundred feet of the front of the vehicle and a red
light visible from a distance of flue hundred feet of the rear.
C. Any lighted headlamp upon a parked vehicle shall be depressed or dimmed.
g• apposite traffic -Parallel
No person shall staid or dark a vehicle in a roadway provided with curd other than parallel with the
edgy 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 curd or edge of the roadway, except as otherwise provided
in this chapter.
9• Angie or parallel parking -Signs or markings.
Where signs or traffic markings have been placed by the city transportation engineer after a
compre��nsive study, rro person s�alf park or stand a vehicle other than between such traffic marfcings
or at any angle to the curb or edge of the roadway other than indicated by such sFgn o traffic marking.
10. Handicapped parking -Public property.
A. Handicapped Parking at Meters and in Restricted Arias.
I. A handicapped person whose automobile has affixed thereto, as prodded by law, the
hand �caPped license plate car a transferable motor vehicle identification card issued by
the state of Idaho, shall be entitled to park at any parking meter and in the following
'Identified restricted parking areas without charge, notwithstanding any other state or
municipal parking restriction: Freight loading pones, passenger loading zones and time-
limited parking panes.
Z. It is unlawful for such handicapped person to:
a. Park for longer than two hours at all meters and restricted parking areas
where the maxi'mum metered or designated time is less than two hours;
b. Park for longer than the maximum metered or designated time at meters and
restricted parking areas where the maximum metered or designated time is
longer than two hours.
B. Designated Handicapped Parking. The city transportation engineer is hereby authorized,
at his/hey discretion to reserve by appropriate signing, various public areas or property for
handicapped parking. it is unlawful for:
1. Any handicapped person to park longer than the time shown on the sign designating
the area as "handicapped parking". or
2, Any vehicle to be parked in an area designated as handicapped parking, unless such
vehicle has displayed upon it the handicapped parking plate or transferable
1 dentificativn card issued by the Mate,
C. Unlawful Use of Handicarpped License Plate. it is unlawful for any person using a vehicle
with a handicapped license plate or transferable motor vehicle identification card who is not
handicapped to use handicapped parking.
D. Restricted Areas Not Authorized for Special Handicapped Parking. Nothing herein sha�i
be construed to hermit parking by any individual, contrary to or as an exception to limited
purpose of the fallowing designated areas:
1.
Any area where official signs or traffic markings absolutely prohibit stoppi'ng, standing
or Parking;
2. Areas Reserved for emergency Use. "Emergency use," as used herein, means and shall
include, but not be limited to, those areas designated by red curb marking, also known
as "red zones" designated as ambulance pones; fire hydrant Innes; fire banes, whether
on public or private property; or any other designated area of the city posted as
restricted for emergency vehicles or emergency use;
3. On a sidewalk area;
4. In front or within fine feed of a private driveway;
S. Within five feet of a fire hydrant, as measured in both directions along e street or
highway curb Cine, from a dine extending from the center of the hydrant to the curb line
at its nearest point;
. Within twenty feet of a crosswalkt an intersection;
7. Within thirty deet upon the approach to any flashing beacon or traffic-cantrol device
located at the gide of a roadway;
S. Between a safety zone and the adjacent curb, or within thirty feet of points on the
curb immediately opposite the e��� it i gf[ty
Author'Jud ,
i Lign or
markings indicate a different length;
9. Within fifty feet of the nearest rail of a railroad crossing;
10. Within twenty feet of the driveway entrance to any fire station, and on the side of a
street opposite the entrance whenproperly signposted ;
11. Alongside or opposite any street excavation or obstruction when stopping, standing
or parking would obstruct or be hazardous to traffic;
12. Upon any bridge or other elevated structure upon a street, or within a street tunnel
or underpass;
13. At any place 3n any public park, playground or grounds of any public building other
than an the roads or parking 10-S provided for public parking in accordance with
provisions of any officially installed signs;
14. On any footpath in any park or playground; or
1S. Taxi and bus stands or stops.
31. Disabled parking.
A•No vehicle except those displaying a disabled ficer�se p late or transferable moor vehicle
identification card issued by the state shall park in any parking spot designated. for the parking
of dis,abl,ed persons. This restriction shall apply to and be enforceable upas all properly where
parking is open to the general public, whether parking is provided to the general public for free
or for a fee.
B. Any law enforcement agency authorized to enforce Parkin r, laws and regulations in the pity of
Rexburg may appoint volunteers to act as its agents to issue parking citations for violations of
this section or any other city law or regulation which prescribes a penalty for illegal parig at
any parking spot properly designated for the exclusive use of disabled persons. A parkin'g"O
citation issued by a volunteer properly appointed under this section has the same force and
effect as a citation issued for the same offense by a peace officer or parking enforcement off icer
authorized to enforce parking taws and regulations in the City of Rexburg.
C. A volunteer appointed under this section must be at least ei years 0age. The law
enforcement agency appointing a volunteer under authority of this section may establish any
other qualification or criteria for the appointment of such volunteer.
D. A volunteer appointed under this section may not issue a parking citation until the volunteer
has received training regarding the proper issuance of parking citations from the appointing lavv
enforcement agency.
12. Handicapped parking -Cut of -state vehicles.
The parking privileges granted by SectionlO and 11 herein, or their successors, also apply to vehicles
displayin� a distinctive hand lcaPRq� IiWnbc plfltc or trdnittrohio io@ntificition nrd *v��� k�� 6A61ker
state, if displayed on a vehicle utilized by a handicapped person.
13. Parking meters -Def initfons and marking of Sp aces,
A. Definitions.
1. "Parking meter' means and includes any mechanical device installed within or upon
the curb or sidewalk area immediately contiguous to a harking meter space whish, when
the mechanism thereof is sed in motfon, indicates unexpired parking time for the vehicle
parki-ng contiguous thereto.
Z• `"Parking meter space" means an area adjacent to a parking meter upon any street,
and Sha lf be designated by a fire or other traffic markEngs, and shall be of sufficient size
to permit the parking of only one vehicle, or not more than two motorcycles..
3. "'Parking meter zone" means those streets or port -ions of streets within which the
parking of vehicles shah be controlled, regulated and inspected with the aid and use of
parking meters.
B. Parking Meter Spaces To Be Marked. The transportation engineer shall establish and
designate parking meter spaces by painted fines upon the surface of the roadway or pavement
and /or curbing.
14. Parking meter -installation,
A. The city transportation engineer sham cause to be installed contiguous to each
designated parking meter space, on a parking meter so designated that the deposit of a coin or
coins will sed the mechar�isrn of the meter in motion or permit the mechanism to be sed ire
motion, so that the meter will shave the unexpired parking time applicable to the parking meter
space contiguous to the meter, and the meter, when such parking time has expired, shall so
indicate by a visible sign. Whenever such sign is visible, the miter is in violation,
B. No person shad park any vehicle in any parking meter space, except as otherwise
permitted by this Chapter,. without immediately depositing in the parking meter contiguous to
the space such lawful coin or coins of the United States as are required for such meter and
designated by directions on the mete, and when required by the direction on the meter, setting
in operation the timing mechanism thereof in accordance with said directions., unless the
parking meter indicated at the time such vehicle is parked that an unexpired portion remains of
the period for which a coin or coins has been previously deposited.
C. No person, except as otherwise provided by this Chapter, shall permit any vehicle
,parked by such person to remain parked in any parking meter space during any time when the
parking meter contiguous to such space indicates that no portion remains of the period fro
which the last previous coin or coins has been deposited, or beyond the time limited for parking
as designated on the meter.
15. Parking Miters -Spaces And Time Limelts:
The pity Transportation Engineer siall establish and designate parking meter spaces, including restricted
Y'71 bt:._ iL _
„���N��-��► w,LrIIn Lne parKing miter zone, and shall provide for maximum parking times for all
meters..
Z6. Parking Miters -Rates:
Parking meter rates shall not exceed twenty five cents ($0.25) per one-half (1/2) hoer of parking within
any parking mete- gone, unless increased by resolution of the City Council of the city of Rexburg.
17. Parking Meters -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 thiction is
impose.
1, Parking Meters, -Overtime Parking Prohibited:
A. Na person shall park or permit any vehicle to remain parked in any parking meter space
adjacent to a meter for a continuous period longer than that designated on the teeter, or at any
time when the meter violation indicator is sown.
B. No person shill place coins in any expired or unexpired parking meter for the purpose of
show'
ng or extending unexpired time with the intent of permitting a vehicle to remain parked at
such miter, with unexpired time showing for a continuous period forger than that designated
on the meter.
19. Parking Meters -No Charge When:
A. Parking meter spaces may be used without charge on all days of the week between six
0'cfocfc{6:00}P.M. and eight o'clock A. M.1, and during all hours on Saturdays and on Sundays and
holidays as enumerated in subsection B of this Section. Withregard to parking at parlIung meters
on Saturdays, when signs of traffic markings are erected or placed by the direction of the City
Transportation Engineer limiting the duration of such parking, no person shelf park a vehicle or
permit such vehicle to remain parked for longer than the time specified, between the hours
shown upon any street, parts of a street,or roadway.
B. 1. T -word "h l d 'r means:
a. Every Sunday;
b. The first day of January,, called New Year's Day;
C. The third Monday of January, called Martin Luther Ding's Birthday;
d. The third Monday of February., called Washington's Birthday;
e. The last Monday in May, salted Memorial Day,
f.. The forth day of July, called Independence Day;
g. The twenty fourth day of July, called Pioneer Day;
h. The first Monday in September, called Labor Day;
i. The second Monday of October, called Columbus Day;
j_ The eleventh day of November, called Veterans Day;
k. The forth Thursday of November, called Thanksgiving pay; and
i. The twenty fifth day of December, called Christmas.
2. When February 12., duly 4, July 2,4,, November 11 or December 25 falls. an a Sunday,
the following Monday shall be considered the legal holiday, and no other dayshall be
considered a holiday,
20., Parking Meters -Special Use Conditions and Fees*
Permission to park in parking meter spices without the deposit of a coin may be granted by:
A. The City Transportation Engineer or the Engineer's designee upon application being
made therefor in writing upon the following conditions:
1. A showing of a substantial geed to temporarily close off the meters involved to the
public use dor a stated duration of time,
z. the placing of authorized fags over the meters involved,, and
3.The payment daily in advance to the City Treasurer of ten dollars($,10.00) per meter
for the first day, or part thereof, and five dollars (55.00) per meter per day, or part
thereof, thereafter for a maximum of fifteen (15) days.;
B. The Mayor or the Mayor's authorized designee, for no more than a total oys
in any one calendar year and upon three (3) working days' advance notice to t -e Council by
special order setting forth the days., ho u rs andJo�- affected aria or areas of meter or me#ers,
upon the following conditions:
1•When the waiuer is for a limited period to foster area business promotion,, or to
commemorate public holidays, parades., gatherings or events,
2. When a substantial public interest is furthered by the waiver, or
3. Asan experiment to gather data on he effects of parking meters and the economy of
the surrounding areas.
21• Parking Meters -Use of Unexpired Time:
The drives 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
amain parked in such space for the amount of time allowed therein subject to the limitations provided f
Section 17 of this Chapter, ores successor.
2z. Parking Meters -Coins and Keys -Tampering Prohibited:
A. The insertion of any lawful coin or coins in any meter shall not entitle any person to park
in such parking meter space during the time parking is prohlbited in such parking meter space.
B. it is unlawful to deposit in any parking meter anything other than lawful coin of the
United Stated, or any coin that is bent,, cut, torn, battered or otherwise misshapen. Na
unauthorized per -son shall remove, deface,, tamper with, open, break, destroy ordamage an
parking meter. No person sha!l willfullymanipulate ars y
p Y ��r���� meter i� such manner that the
indicator will not operate or continue to show the correct amount of unexpired time before a
violation.
C. It is unlawful for nay person not authorized by the City of Rexburg to have in such
Person's possession or on his or her person any key which will open the coin box of any parking
meter in the streets of the City, or on any public parking area operated and maintained by the
City.
D. It is unlawful for any person to duplicate or reproduce in any manner any key which will
open the coin box of any parking meter in the streets of the City, or on any public parking area
operated and maintained by the City; provided, however, that such keys may be duplicated or
reproduced for the use of the City of Rexburg upon written authorization from the Mayor to do
so.
23. 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.
Z4. 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.
25. 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.
26. Residential Parking lets Awned By The City:
A. Na person, on the premises of any residentfal parking let owned by the City where a
sign or signs are posted designating such residential parking lot as a parking lot of the City of
Rexburg, shad:
1. Park any vehicle continuously in excess of seventy two {72} hours;
2. Pari any boat, trailer or motor home;
3. Park any vehicle over eighteen feet X18'} in length or eight feet (S') wide -
4. Abandon any vehicle;
S. Make repairs on any vehicle; or
6• Perk any vehicle thereon which does not bear a valid license plate and current Idaho
inspection sticker.
B. For the purpose of this Section, the term "residential parking lot owned by the City"
means any area where vehicles may be left unattended upon any property the City may have an
ownership interest in, and which has a sign or signs thereon stating that such area is a
"Residential Parking Lot of the City of Rexburg".
C. Any vehicle found in violation of any of the foregoing prohibitions upon any residers#ial
parking lots owned by the City is hereby declared to be a nuisance, and
may be summarily
abated by removing any such vehicle by, yr under the directions of, �r at the request of a police
officer or other officer charged with enforcing the parking haws of the City to a place of storage
within the City by means of towing or otherwise, as prodded in this ordinance, and the
provisions of said Ordinance shad govern the disposition of any vehicle so impounded.
27. No Stopping Or Parking -Color Markings And Signs:
A. The City Transportation Engineer is authorizedf subject to provisions and limitations of
this Cede, and after a comprehensive study, to place and when required herein shall place and
maintain appropriate signs or traffic markings to indicate standing or harking regulations, and
such traffic markings shall designate the zones and shall have the meanings herein ser forth.
I. Rid: Red means no stopping, standing or parking at any time;
2. Yellow: Yellow means no stopping, standing or parking except as designated by
appropriate signs or traffic markings.
B. When appropriate signs or traffic curb markings have been erected or placed according
to this Section, no person shall stop, stand or park a vehicle in any zone contrary to the
provisions of this Section.
2$a, 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 sones 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.
29.
Freight Curb loading Zones:
A• No person shall stop a vehicle or permit the same to remain stopped fog- any Y purpose or
length of time other than for the expeditious loading and/or unloading of materials in any place
marked as a freight curb loading zone during the hours when the provisions applicable to such
pones are in effect. Vehicles so using freight curd loading zones must have City freight permit
and freight license sticker permanently affixed to the front windshield of the vehicle as
prescribed by City ordinance. In no case shatl the stop dor loadingand/or unfvading of materiae
exceed thirty (30) minutes.
B. The driver of a passenger vehicle may step at a place masked as a freight curb loading
zone for the Purpose of and while actually engaged in loading or unloading passengers when
such stopping does not interfere with any City -licensed vehicle used for provided, however., that
the driver must remain with his or her vehicle.
3Q. 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 an in
such numbers as the City Transportation engineer shall determine to be of the greatest benefit and
convenience to the pudic, and every such bus and each stop and stand for common carrier uehicles
shall be designated by appropriate signs or markings installed by the CiSty Transportation Engineer.
314, Buses and taxicabs -Parking restrictions.
The driver of a bus or taxicab 5hall not park upon any street upon which parking is prohibited, restricted,
limited as to time or registered by � parking meters, 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 pUrpase of and
while actually engaged in loading or unloading passengers.
32.
Buses and taxicabs Stand use restrictions.
No person shall sand, stop or perk any vehicle other than a licensed bus or coach in a bis stogy, and
then only for the express purpose of and while actually engaged In the loading or unloading of
passengers, nor shall any person shop, staid or park any vehicle other than a taxicab in a taxi staid,
I.
when such stand or stop has been officially designated and appropriately signed and marked.
33. Taxicab sands -Establishment and signs.
The city transportation engineer is hereby authorized and required to establish taxicab stands an 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 shad be
designated by appropriate sign or markings installed by the city transportation engineer.
34. Restricted parking zones.
No person shall stop, stand or park a vehicle for any purpose or length of time ! any restricted parking
zone other than for the purpose to which parking in such gone is restricted, except that a driver of a
passenger vehicle may stop temporarily in such zone for the purpose of the 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 ender 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.
35. Parking in alleys.
No person shad park a vehicle within an alley except during the necessary and expeditious loading and
unloading of rnerchandise, and no person shah 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.
36m 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.
37. 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 stoped except while actually engaged in loading or unloading passengers, or in compliance
with directions of a police officer ortraffic-control device, or when necessary to avoid other traffic.
38• Stapling or parking-Roadways without curb.
A. Na person shall stop., park or leave standing any vehiele, whether attended or
unattended, upon any roadway constructed without a curb, when it is practical to stop, park or
so leave such vehicle off such raadwray, in every event, such parked vehicle shall be parked in
the direction of lawful traffic movement with an unobstructed width of the roadway opposite
the standing vehicle left for the free passage of other vehicles, and a clear view of such stopped
vehicles shall be available.
B. This section shall not apply to the driver of any vehicle which is disabled while on the
main traveled portion of a street ire such manner and to such an extent that ins impossible to
avoid stopping and temporarily leaning such disabled vehicle i such position.
39. Stopping or parking -Prohibited in certain areas,
A. No person shall stop, stand or park a veh'icle, except when necessary to avoid conflict
with other traffic or in compliance with law or the direct -ions of a police officer or traffic -control
device, in any of the fallowing places. -
I.
2. In fr within five feet of a private driveway
3. Within an intersection;
4. Within five feet of fire hydrant, as measured in bath directions along the street or
highway curbl"ne from the line extending from the center of the hydrant to the curbline
at its nearest point;
5. On a crosswalk;
5• Within twenty deet of a crosswalk at an intersection;
7. Within thirty feet upon the approach of any flashing beacon or traffic -control device
located at the side of a roadway:
8. Between a safety zone and the adjacent curb, or within thirty feet of paints on the
curb immediately apposite the ends of a safety zone, unless orized signs or
markings indicate a different length;
9. Within fifty feet of the nearest rail of a railroad crossing;
10. Within twenty feet of the driveway entrances to any fire station, and on the side of a
street opposite the entrance when properly signposted;
7.1. Alongside or opposite any street excavation or obstruction, when stopping, standing
or parking would obstruct or be hazardous to traffic;
12. Upon any bridge or other elevated structure upon a street, or within a street tunnel
or underpass;
13. At any place where official signs or traffic markings prohibit stopping, standing or
parking;
14. At any place in any public park., playground or grounds of any public: building other
than on the roads or parking dots provided for public parking and then only in
accordance with provisions of any officially installed signs, such signs to be installed by
the city transportation engineer, pursuant to the authority granted in this Ordinance;
15. On any footpath in any park or playground;
16. Within a fire lane as designated and marked in accordance with the provisions of the
relevant Rexburg City Ordinance, or its successor, whether on public or private property;
or
17. On any median or island, or on any dividing section.
B. No person shall move a vehicle under such person's control into any such prohibited
area, or upon any area not designated for vehicular travel or parking.
40. Time-limited parking an certain struts.
A. Purpose of Section_ The city council finds that restricted-time parking regulations are
designed to require movement of vehicles from designated street parking locations to enable as
many members of the public as possible to have access to prime street parking location. Some
members of the public attempt to avoid purposes orf restricted time parking by molding their
vehicles only enough to cover an markings place by perking enforcement personnel or by
molding their vehicles only to return within a few minutes to the same or approximately the
same parking spot.
It is necessary to provide fair and equal access to limited public resources and assets such as
prime parking locations.
B. When signs or traffic markings are erected or placed by the direction of the city
transportation engineer, no person shall park a vehicle or permit such vehicle to remain parked
for loner than the time specified, between the hours shown upon any street, parts Of a street, or
roadway.
C. It is unlawful for any person to:
1. Park a Wehicle an the same dime- restricted parking block face fo r longer than the
posted time limitation, or having deft a parking spat faceted on atime-restrieted parking
face, reenter the parking anywhere along the same street block face within the same
length of time as the posted time limi'tation plus thirty minutes immediately following
the vacation of the place of initial parking; or
2. Remove a temporary mark placed by an enforcement officer except that which may
naturally occur as a result of driving the vehicle.
F Definitions.
1."BIock face" means the side of the street where the vehicle was parked between two
intersection streets. An alley shall not be considered a street.
Z. "Street'"and "alley" have the meanings sit forth the relevant Idaho State Code, or
their successor provisions.
E. Civil Penalty-Continuing Violation. Violation of this sectior, shall constitute a civil
vEvfation, it shall be a separate offense for each violation of the fasted time limitations.
F. Every driver about to enter a parking space being vacated shall stop his or her vehicle in
the actual process of vacation the parking space, and having so waited shall have prier right to
the parking space over all other drivers.
G. No driver steall stop his or her vehicle ahead of a parking space being vacated and
attempt to interfere with a driver who has waited properly to the rear ❑f a parking space being
Vacated.
41, Streets -Parking prohibited at all times.
When signs or traffic markings are erected or in place on any street, pars of a street, or roadway, giving
notice thereof, no person shall park a vehicle or permit such vehicle to remain standing at any time,
. Prohibited a rl rig for restricted vehicles,
A. No person sail park, or allow to remain standing, any restricted vehicle upon any
street, part of a street or roadway of the City of Rexburg, except: day to load or unload the
vehicle as long as the loading or unloading is done expeditiously; or (b) upon restricted vehicle
routes as defined by the transportation engineer and in obedience to traffic Signs and markings
upon said routes.
B. No person shad park., or allow to remain standing, any restricted vehicle upon any
privately owned property within the corporate limits of Rexburg, if that property is zoned LDR,
LDR-1, MDR, HDR,, or CBD, if the access to the property is accessible only by the use of public
streets or roadways where the use of such roadway by such vehicle would be unlawful.
C. Subsection B shall not apply to vehicles parked upon privately owned property which
has a valid nonconforming or conditional use permit that allows restricted vehicles upon such
property.
43. Streets -Parking prohibited duping 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.
44, Parking proh-i bited -Locations.
No person shall parka vehicle:
A. On any public street or alley where the width of the roadway is less than twenty feet;
B. On the south or east side of any public street or alley where the width of the road is les
than twenty feet, but less than thirty feet, unless otherwise directed by traffic-control devices-b'
or
C. Upon any private driveway within a traffic district where the width of the driveway is
fess than twenty feet.
45. Obstruction 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 fess than ten feet of the width of the roadway for free movement of vehicular traffic.
46. Parking an sidewalk area prohibited.
Na 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 latera! Lines of a roadway and the adjacent property lines.
47. Parking for certain purposes prohibited.
No person shall park or operate a vehicle upon any roadway for the principal purpose of:
A. Displaying such vehicle dor sale;
B. Greasing or rewiring such vehicle, except repairs necessitated by an emergency;
C. Displaying advertising; or
D. The sale of foodstuffs or other merchandise in any bus-
iness district,
48. Using streets for storage prohibited.
No person shah park a motor home., boat, trailer or other item upon any street for a period of time
longer than forty-eight hours. Motor homes, boa ailers which are maned from a parking spot
and then re -parked on the same street black face within twenty-four hours from the time of said
removal shall be deemed to have been continuously parked fro the purposes of this sectivn. "Block
face" means the side of the street where the vehicle was parked between two ��tersecting streets.
50. Parking violation -Owner's responsibility.
Whenever any vehicle shall have been parked in vioiation of any of the provisions of any ordinance
prohibiting or restriction parking,. the person its whose game such vehicle is registered snail he prima
facie responsible for such violation and subject to the penalty therefor,
51• Moving Illegally Parked Vehicles -Pollee 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 strut.
52. Unauthorized Use Of Streets, Parking Lots And Other Areas -Penalties:
A. 1. Any person engaging in the unauthorized use of streets, perking dots or other areas as
provided under this Chapter, within the pity, shah be liable dor a civil penalty. Any penalty
assessed in subsection B of this Section may be in addition to such other penalties �s may be
provided in this Ordinance.
2. "Unauthorised use of streets" means a violation of any restriction or prohibition
4
contained in this Chapter or its successor.
B. Civil penalties shall be imposed as set forth an the Notice of Par#c'mg Violation, as may
from time to time be amended by resole#ion of the City Council of the City of Rexburg.
C. The civil penalties specified in subsection g of this Section shill be subject to reductions
as yet forth an the Notice specified in subsection 8 of this Section if the penalties are paid
within the designated number of days from the receipt of notice.
D- As. used in this Section, "receFpt of notice" means the affixing of a natio to the vehiclealleged to have been employed ire such unauthorised ase, or by deliWery of Such notice to the
ower or driver thereof.
53. 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 shatl be strictly liable for such unauthorized use and the penalty
therefore.
54. Unauthorised Use Of Streets -Appeal Procedures:
A. The Mayor shall appoint such hearing officers as he or she deems appropriate to
consider matters relating to the unauthorized use of streets.
B. Any person having received notice of such unauthorized use, or the owner of any
vehicle employed in such use, may appear before a hearing officer and present and contest such
alleged unauthorized use.
C. The burden to prase any defenseshall be upon the person raising such defense.
D. If the hearing officer finds that no unauthorized use occurred or an unauthorized use
occurred but one or more of the defenses set forth in this Section is applicably, the hearing
officer may dismiss the notice of unauthorized use and release the owner or driver from liability
there under. Such defenses are:
I. At the time of the receipt of the notice, possession of the subject vehicle had been
acquired in violation of the criminal laws of the State;
2. If the notice of unauthorized use alleges a violation of any ordinance pertaining to a
parking meter, such meter was mechanically malfunctioning to the extent that its
reliability is questionable;
3. compliance with the subject ordinances would have presented an imminent and
irreparable injury to persons or property.
E. If the hearing officer finds that an unauthorized use occurred but one or more o� the
defenses set forth in this Section is applicable, the hearing officer may reduce the penalty
associated therewith, but in no event shall such penalty be reduced below the sum of three
dollars ($3.D0). Such defenses are:
1. At the time of receipt of the notice possession of the subject vehicle had been
acquired pursuant to the written lease agreement or similar written agreement;
2. The subject vehicle was mechanically incapable of being moved from such location;
provided, however, such defense shall trot apply to any vehicle which remains at such
location in excess of six (6) hours;
3. Any marking, signs, or other indicia of parking use regulation were not clearly visible
or comprehensible;
4. Such other mitigating circumstances as may be approved by the City Law Department.
F. If the hearing officer find!; that an unauthorized use occurred and no applicable defense
exists, the hearing officer mai, in the interest of justice and on behalf;of the City, enter intoan
agreement for the timely of periodic payment of the applicable penalty.
G. if the penalty impose pursuant to this Chapter remains unsatisfied after forty (40) days
from the receipt of notice, or ten (10) days from such date as may have been agreed to by the
hearing officer, the City may use such lawful means as are available to confect such penalty,
including casts and attorney fees.
55. All ordinance and parts of ordinance in conflict with this ordinance are hereby repealed.
56. Neither the adoption of this ordinance nor the repeal of any ordinance shalt, in any manner,
effect the prosecution for viof such ordinance committed prior to the effective date of this
ordinance or be construed as a waiver of any license or penalty due under any such ordinance or in any
manner affect the validity of any actin heretofore taken by the City cif Rexburg City Council or the
validity of any such action to be taken upon matter pending before the City Council on the effective date
of this ordinance,
T
r
57. The provisions of this ordinance are severable and if any provision, clause, sentence, subsection,
word or pari thereof is held illega], invalid, or unconstitutional or inapplicable to any person or
circumstance, such iilegality, invalidity or unconstitutional or inapplicability shall not affect or impair any
of the remaining provisions, clauses, sentence, subsections, wards or pari of this ordinance or their
application to other persons or circumstances. It is herby declared to be the legislative intent that this
ordinance or their application to other persons or circurnstances, It is hereby declared to be the
legislative indent that this ordinance would have �e�� �d�ptecf if such iffeg��, F�valid or ur�constitu�ivnai
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.
PASSED BY THE COUNCIL AND APPROVED BY THE MAYOR THIS THE
DAY OF 19 9 8
Bruce Sutherland, Mayor
ATTEST.-
Rose
Bagley., City Clerk
ORDINANCE 818A
State of Idaho
: SS
County of Madison
f, Rose Bagley, City Clerk of the City of Rexburg, Idaho, do hereby certify that the above and
foregoing is a ftp!! true and correct copy of the Ordinance entitled:
AND ORDINANCE OF TNS CITY OF REXBURG, MADISON COUNTY, IDAHO KNOWN AS "STANDING,
STOPPING AND PARKING ORDINANCE ", PROVIDING DEFINITIONS QF THE TERMS USED IN THE
ORDINANCE; ESTABLISHING ADMINISTRATIVE PROCEDURES; PROVIDING AN APPEAL PROCEDURE;
ESTABLISHING PROHIBITIONS AND REGULATIONS AS THEY RELATE TO STANDJGN, STOPPING ASD
PARKING UPON PUBLIC STREETS, AND PUBLIC AND SOME PRIVATE LOTS; PROVIDING PENALTIES FOR
FAILURE TO COMPLY WITH ANY PROVISIONS OF THIS ORDINANCE; PROVIDING A SAVINGS CLAUSE;
PROVIDING FOR SEVERABILITY; REPEALING ALL ORDINANCES AND PARTS OF ORDINANCES IN CONFLICT
HEREWITH; AND PROVIDING AN EFFECTIVE DATE HEREOF.
Passed by the City Council and approved by the Mayor this the day of ,
1999.
Rose Bagley, City Clerk
ORDINANCE 50
AN ORDINANCE REQUIRING THE CLEANING OF SIDEWALKS, AND
FIXING A PUNISHMENT FOR FAILING TO DO SO.
Be it ordained by the chairman and Board of Trustees of thevillage of Rexburg.
Section I. It shall be unlawful for any person or persons,, firm or Corporaiion
owning or occupying Premises. within the boundary herein named, to suffer or
permit snow or other rubbish or debris to be or remain on the sias in front of
their respective premises for more than one business day after thesame, fall
s or is
placed or put There with -in the fallowing described limits. to wig.
On the South side of Main Street, from Second East to Second West Street in the
Village of Rexburg, State of Idaho,
Section 1I. For each violation of the foregoing section or for each failure, neglect
or refusal So- to remove such snow, rubbish or debris, as provided in the foregain�
section, such pearsons, firm a� +�arporation, awning or occupying premises rwithin
the boundaries above Hated13, upon cany°iction. thereof, shall be fined any sum not
GAceGlrlg -ten "ouars -tor each ottenCeand each days refusal or ne�lect shall beW
treated as a separate and distinct offence.
Section I[1. All ordinances and parts of ordinances in conflict herewith are hereby
repealed.
_ Passed this 2"d day of March., 1 9Q3
Approved this 2"d day of March,, 1 903
W. N. Stephens, Chairman
Attest: A. M. Carbine