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City Code of the City of Aberdeen, Idaho

The compilation of the City Code of the City of Aberdeen contained on the City of Aberdeen, Idaho web site is meant to serve as a reference guide. Ordinances of the City adopted after the publication of this site, or changes to ordinances that may not have been included in the publication of this site, supersede the provisions of the City of Aberdeen included on this site to the extent that they are in conflict or inconsistent therewith. Consult the City office in order to ascertain whether any particular provision of the Code has been amended, omitted, superseded or repealed.


TABLE OF CONTENTS

City Code - Part I
TITLE 1
Administrative
  Official Municipal Code
  Saving Clause
  Definitions
  General Penalty
  Mayor And City Council
  City Officers And Employees
  Municipal Elections

TITLE 2
Boards And Commissions
  
Airport Board Of Adjustment

TITLE 3
Business & License Regulations
  General Licensing Provisions
      Liquor Control
      Beer Regulations
      Wine Regulations

   Peddlers, Solicitors And Canvassers
   Junk Dealers And Yards

TITLE 4
Public Health And Safety
  
Open Burning
   Nuisances


TITLE 5
   Police Regulations
   Dogs
   Minors
   Abandoned, Wrecked Vehicles And  Personality

TITLE 6
Motor Vehicles And Traffic
   General Traffic Provisions

City Code - Part 2:
   Public Ways & Property

City Code - Part 3:
   Building, Zoning & Flood Control



Title I

CHAPTER 1
OFFICIAL MUNICIPAL CODE

(Return to Table of Contents)
SECTION:
1-1-1: Title
1-1-2: Acceptance
1-1-3: Amendments
1-1-4: Code Alterations


1-1-1: TITLE: Upon the adoption by the City Council, this City Code is hereby declared to be and shall hereafter constitute the official Code of the City. This City Code of ordinances shall be known and cited as the ABERDEEN CITY CODE and it is hereby published by authority of the Council and shall be kept up to date as provided in Section 1-1-3 of this Chapter. Any reference to the number of any section contained herein shall be understood to refer to the position of the same number, its appropriate chapter and title heading, and to the general penalty clause relating thereto, as well as to the section itself, when reference is made to this City Code by title in any legal documents. (1991 Code)

1-1-2: ACCEPTANCE: The City Code, as hereby presented in printed form, shall hereafter be received without further proof in all courts and in administrative tribunals of this State as the ordinances of the City of general and permanent effect, except the excluded ordinances enumerated in Section 1-2-1 of this Code. 1991 Code)

1-1-3: AMENDMENTS: Any ordinance amending the City Code shall set forth the title, chapter and section number of the section or sections to be amended, and this shall constitute sufficient compliance with any statutory requirement pertaining to the amendment or revision by ordinance of any part of this City Code. All such amendments or revisions by ordinance shall be immediately forwarded to the codifiers and the said ordinance material shall be prepared for insertion in its proper place in each copy of this City Code. Each such replacement page shall be properly identified and shall be inserted in each individual copy of the City Code. (1991 Code)

1-1-4: CODE ALTERATIONS: It shall be deemed unlawful for any person to alter, change, replace or deface in any way any section or any page of this City Code in such a manner that the meaning of any phrase or order may be changed or omitted. Replacement pages may be inserted according to the official instructions when so authorized by the City Council. The City Clerk shall see that the replacement pages are properly inserted in the official copies maintained in the office of the Clerk. Any person having in his custody an official copy of the City Code shall make every effort to maintain said Code in an up-to-date and efficient manner. He shall see to the immediate insertion of new or replacement pages when such are delivered to him or made available to him through the office of the City Clerk. Said Code books, while in actual possession of officials and other interested persons, shall be and remain the property of the City and shall be returned to the office of the Clerk when directed to do so by order of the City Council. (1991 Code)


CHAPTER 2
SAVING CLAUSE

(Return to Table of Contents)
SECTION:
1-2-1: Repeal of General Ordinances
1-2-2: Public Utility Ordinances
1-2-3: Court Proceedings
1-2-4: Severability Clause

1-2-1: REPEAL OF GENERAL ORDINANCES: All general ordinances of the City passed prior to the adoption of this City Code are hereby repealed, except such as are included in this City Code or are by necessary implication herein reserved from repeal (subject to the saving clauses contained in the following sections), and excluding the following ordinances which are not hereby repealed: tax levy ordinances; appropriation ordinances; ordinances relating to boundaries and annexations; franchise ordinances and other ordinances granting special rights to persons or corporations; contract ordinances and ordinances authorizing the execution of a contract or the issuance of warrants; salary ordinances; ordinances establishing, naming or vacating streets, alleys or other public places; improvement ordinances; bond ordinances; ordinances relating to elections; ordinances relating to the transfer or acceptance of real estate by or from the City; and all special ordinances. (1991 Code)

1-2-2: PUBLIC UTILITY ORDINANCES:
No ordinances relating to railroad crossings with streets and other public ways, or relating to the conduct, duties, service or rates of public utilities shall be repealed by virtue of the adoption of this City Code or by virtue of the preceding Section, excepting as the City Code may contain provisions for such matters, in which case this City Code shall be considered as amending such ordinance or ordinances in respect to such provisions only. (1991 Code)

1-2-3: COURT PROCEEDINGS: No new ordinance shall be construed or held to repeal a former ordinance whether such former ordinance is expressly repealed or not, as to any offense committed against such former ordinance or as to any act done, any penalty, forfeiture or punishment so incurred, or any right accrued or claim arising under the former ordinance, or in any way whatever to affect any such offense or act so committed or so done, or any penalty, forfeiture or punishment so incurred or any right accrued or claim arising before the new ordinance takes effect, save only that the proceedings thereafter shall conform to the ordinance in force at the time of such proceeding, so far as practicable, if any penalty, forfeiture or punishment be mitigated by any provision of a new ordinance, such provision may be, by consent of the party affected, applied to any judgment announced after the new ordinance takes effect.

This section shall extend to all repeals, either by express words or implication, whether the repeal is in the ordinance making any new provisions upon the same subject or in any other ordinance.

Nothing contained in this Chapter shall be construed as abating any action now pending under or by virtue of any general ordinance of the City herein repealed and the provisions of all general ordinances contained in this Code shall be deemed to be continuing provisions and not a new enactment of the same provision; nor shall this Chapter be deemed as discontinuing, abating, modifying or altering any penalty accrued or to accrue, or as affecting the liability of any person, firm or corporation, or as waiving any right of the City under any ordinance or provision thereof in force at the time of the adoption of this City Code. 1991 Code)

1-2-4: SEVERABILITY CLAUSE: If any section, subsection, subdivision, paragraph, sentence, clause or phrase of this City Code or any part thereof is for any reason held to be unconstitutional or invalid or ineffective by any court of competent jurisdiction, such decision shall not effect the validity or effectiveness of the remaining portions of this Code, or any part thereof. The City Council hereby declares that it would have passed each section, subsection, subdivision, paragraph, sentence, clause or phrase thereof irrespective of the fact that any one or more sections, subsections, subdivisions, paragraphs, sentences, clauses or phrases be declared unconstitutional, invalid or ineffective. (1991 Code)


CHAPTER 3
DEFINITIONS

(Return to Table of Contents)
SECTION:
1-3-1: Construction of Words
1-3-2: Definitions, General
1-3-3: Catch lines


1-3-1: CONSTRUCTION OF WORDS: Whenever any word in any section of this City Code importing the plural number is used in describing or referring to any matters, parties or persons, any single matter, part or person shall be deemed to be included, although distributive words may not have been used. When any subject matter, party or person is referred to in this City Code by words importing the singular number only, or the masculine gender, several matters, parties or persons and females as well as males and bodies corporate shall be deemed to be included; provided, that these rules of construction shall not be applied to any section of this City Code which contains any express provision excluding such construction or where the subject matter or context may be repugnant thereto.

The word "ordinance" contained in the ordinances of the City has been changed in the content of this City Code to "Title", "Chapter", "Section" and/or "subsection" or words of like import for organizational and clarification purposes only. Such change to the City's ordinances is not meant to amend passage and effective dates of such original ordinances. 1991 Code)

1-3-2: DEFINITIONS, GENERAL:
Whenever the following words or terms are used in this Code, they shall have such meanings herein ascribed to them, unless the context makes such meaning repugnant thereto:

AGENT

A person acting on behalf of another with authority conferred, either expressed or implied, to do so.

CITY

The City of Aberdeen, County of Bingham, State of Idaho.

CODE

The Municipal Code of the City of Aberdeen.

EMPLOYEES

Whenever reference is made in this Code to a City employee by title only, this shall be construed as though followed by the words "of the City of Aberdeen".

MISDEMEANOR

Any offense for which a sentence to a term of imprisonment in other than a penitentiary for less than one year may be imposed.

Any offense not defined as a felony or infraction under State law ( Idaho Code 18-111).

Except in cases where a different punishment is prescribed by the Idaho Code or by this City Code, a misdemeanor is punishable by imprisonment in the County jail not exceeding six months.

NUISANCE

Anything offensive to the sensibilities of reasonable persons, or any act or activity creating a hazard which threatens the health and welfare of inhabitants of the City, or any activity which by its perpetuation can reasonably be said to have a detrimental effect on the property of a person or persons within the community.

OCCUPANT

As applied to a building or land, shall include any person who occupies the whole or any Occupant part of such building or land whether alone or with others.

OFFENSE

Any act forbidden by any provision of this Code or the omission of any act required by the provisions of this Code.

OFFICERS
Whenever reference is made in this Code to a City officer by title only, this shall be construed as though followed by the words "of the City of Aberdeen".
OPERATOR
The person who is in charge of any operation, business or profession.
OWNER
As applied to a building or land, shall include any part owner, joint owner, tenant in common, joint tenant or lessee of the whole or of a part of such building or land.
PERSON
Any public or private corporation, firm, partnership, association, organization, government or any other group acting as a unit, as well as a natural person.
PERSONAL PROPERTY
Shall include every description of money, goods, chattels, effects, evidences of rights in action and all written instruments by which any pecuniary obligation, right or title to property is created, acknowledged, transferred, increased, defeated, discharged or diminished and every right of interest therein.
RETAILER
Unless otherwise specifically defined, shall be understood to relate to the sale of goods, merchandise, articles or things directly to the consumer.
RIGHT OF WAY
The privilege of the immediate use of the roadway or other property.
STREET
Shall include alleys, lanes, courts, boulevards, public ways, public squares, public places and sidewalks.
TENANT
As applied to a building or land, shall include any person who occupies the whole or any part of such buildings or land, whether alone or with others.
WHOLESALER
The terms "wholesaler" and "wholesale dealer" as used in this Code, unless otherwise specifically defined, shall be understood to relate to the sale of goods, merchandise, articles or things to persons who purchase for the purpose of resale.
WRITTEN, IN WRITING
May include printing and any other mode of representing words and letters, but when the written signature of any person is required by law to any official or public writing or bond it shall be in the proper handwriting of such person, or in case he is unable to write, by his proper mark. (1991 Code)
1-3-3: CATCHLINES: The catch lines of the several sections of the City Code are intended as mere catchwords to indicate the content of the section and shall not be deemed or taken to be titles of such sections, nor be deemed to govern, limit, modify or in any manner affect the scope, meaning or intent of the provisions of any division or section hereof, nor unless expressly so provided, shall they be so deemed when any of such sections, including the catch lines, are amended or re-enacted. (1991 Code)

CHAPTER 4
GENERAL PENALTY

(Return to Table of Contents)
SECTION:
1-4-1: General Penalty
1-4-2: Application of Provisions
1-4-3: Liability of Officers

1-4-1: GENERAL PENALTY: Any person convicted of a violation of any provisions of this City Code may be fined in a sum not to exceed three hundred dollars ($300.00) for any offense, and such person may be confined in jail for a period of not more than thirty (30) days. Either or both such fine and imprisonment may be imposed, and in addition thereto, any person so convicted shall pay such costs as the court may assess. (Ord. 115, 2-2-71)

1-4-2: APPLICATION OF PROVISIONS: The general penalty provided in this Chapter shall be applicable to every section of this City Code the same as though it were a part of each and every separate section. Any person convicted of a violation of any section of this City Code where any duty is prescribed or obligation imposed, or where any action which is of a continuing nature is forbidden or is declared to be unlawful, shall be deemed guilty of a misdemeanor. A separate offense shall be deemed committed upon each day such duty or obligation remains unperformed or such act continues, unless otherwise specifically provided in this City Code.

In all cases where the same offense is made punishable or is created by different clauses or sections of this City Code, the prosecuting officer may elect under which to proceed; but not more than one recovery shall be had against the same person for the same offense; provided, that the revocation of a license or permit shall not be considered a recovery or penalty so as to bar any other penalty being enforced.

Whenever the doing of any act or the omission to do any act constitutes a breach of any section or provision of this City Code and there shall be no fine or penalty specifically declared for such breach, the provisions of this Chapter shall apply. (1991 Code)

1-4-3: LIABILITY OF OFFICERS: No provision of this City Code designating the duties of any officer or employee shall be so construed as to make such officer or employee liable for any fine or penalty provided for a failure to perform such duty, unless the intention of the City Council to impose such fine or penalty on such officer or employee is specifically and clearly expressed in the section creating the duty. (1991 Code)


CHAPTER 5
MAYOR AND CITY COUNCIL

(Return to Table of Contents)
SECTION:
1-5-1:Mayor
1-5-2:Salaries
1-5-3:Meetings of the Council
1-5-4:Order of Business
1-5-5:Ordinances and Resolutions
1-5-6:Appointment of Officers


1-5-1: MAYOR: At the first regular meeting after the annual election in April of each year, the City Council shall elect from their number, a chairman of the City Council who shall exercise the office of Mayor. (Ord. 1, 4-7-14)

1-5-2; SALARIES: The City officers shall receive such salaries as the City Council shall from time to time determine and fix by resolution. (1991 Code)

1-5-3: MEETINGS OF THE COUNCIL:

A. Regular Meetings: The Mayor and City Council shall hold their regular meetings in the City on the first Tuesday of each and every month at eight o'clock (8:00) P.M. or such other hour as the Mayor may, from time to time, designate.

B. Special Meetings: The Mayor or any three (3) Council members shall have power to call special meetings of the City Council, the object of which shall be submitted to the Council members in writing, and the call and object, as well as the disposition thereof, shall be entered upon the journal by the Clerk.

C. Quorum: At all meetings, a majority of the City Council shall constitute a quorum for the transaction of business.

D. Business Covered: At all regular and adjourned meetings, any business property within the jurisdiction of the Mayor and City Council may be transacted, but at a special meeting, the action of the Mayor and City Council shall be confined to the particular business for which the call was made. (Ord. 1, 4-7-14)

E. Meetings Open to the Public: All meetings of the Council shall be open to the public, except that executive sessions may be closed by the presiding officer pursuant to Idaho Code section 67-2345. 1991 Code)

1-5-4: ORDER OF BUSINESS: The order of business at every regular meeting of said Mayor and City Council shall be as follows:

A. Roll call,

B. Reading the minutes of last regular and all intervening meetings,

C. Unfinished business,

D. Reports of committees,

E. Reception of petitions, resolutions, bills and memorials,

F. New business,

G. Motions. (Ord. 1, 4-7-14)

1-5-5: ORDINANCES AND RESOLUTIONS: All ordinances shall be presented and voted upon in the manner and style and shall be subject to the terms and conditions of sections 50-901 et seq., of the Idaho Code. (1991 Code)

1-5-6: APPOINTMENT OF OFFICERS: All appointments of the officers by any Council member shall be made viva voce and the concurrence of a like majority shall be required, and the names of those voting and for whom they voted on the vote resulting in an appointment shall be recorded. Ord. 2, 4-7-14)


CHAPTER 6
CITY OFFICERS AND EMPLOYEES

(Return to Table of Contents)
SECTION:
1-6-1:Bonds
1-6-2:Salaries
1-6-3:City Clerk's Duties
1-6-4:Chief of Police
1-6-5:Pound master
1-6-6:Housing Authority
1-6-7:Police Training

1-6-1: BONDS: Before entering upon their duties, the following City officers shall execute good and sufficient bonds to the City in the following sums, conditioned for the faithful performance of their duties:

Clerk $ 200.00
Treasurer 2,000.00
Chief of Police 200.00
Director of Public Works 5,000.00
(Ord. 5. 4-7-14; 1991 Code)


1-6-2: SALARIES: The salaries for the City officers shall be in an amount as set, from time to time, by resolution. (1991 Code - See also Section 1-5-2 of this Title.)

1-6-3: CITY CLERK'S DUTIES: It shall be the duty of the City Clerk to:

A. Attend all meetings of the City Council and truly record the proceedings of the same;

B. File all claims presented against the City, and when any of said claims have been duly allowed by the City Council, to draw orders on the Treasurer for the same, keeping a record thereof;

C. Draw all licenses that may be ordered by the City Council or required by the City Code and keep a record of the same;

D. Keep a record of all outstanding bonds against the City, showing the number and amount of each, for and to whom the said bonds were issued, and when any bonds are purchased, paid or cancelled, his record shall show the fact;

E. Keep a copy of all ordinances of the City hereafter passed with the certificate of publication or posting thereunto attached;

F. Take possession of all books, papers and records belonging to the City and the office and keep the same in some safe and convenient place and upon the appointment of his successor, deliver a certified inventory of all the City property to his successor in office; and

G. Perform such other duties as the Council members, from time to time, may direct. (Ord. 3, 4-7-14)

1-6-4: CHIEF OF POLICE:

A. Appointment; Term; Compensation: At the regular meeting of the City Council in May each year, there shall be appointed by the Council members' a Chief of Police who shall be the general peace officer of the City. He shall hold office during the pleasure of the Council, but not to exceed one year unless reappointed, and shall receive such compensation as by resolution provided. (Ord. 4, 4-7-14; 1991 Code - See Section 1-6-2 of this Chapter.)

B. Powers and Duties:

1. Generally: The Chief of Police shall be charged with the duty of protecting the rights of persons and property and in case of fire, to use his best endeavors to extinguish the same and to call upon the citizens to assist him in so doing. He shall take notice of all nuisances, impediments and obstructions and defects in the streets, avenues, alleys and public places of the City and shall remove the same or cause immediate notice to be given to the proper officers.

2. Arrests and Processes:

a. The Chief of Police shall have the power, and it is hereby made his duty, to arrest all offenders against the laws of the State and City, by day or night, in the same manner as a sheriff or constable and to keep them in the City jail or other place to prevent their escape until a trial or examination may be had before a proper officer and shall have the same powers as sheriffs or constables in relation to all processes issued by the police magistrate, and he shall be allowed the same fees for making arrests, attending court and serving papers as constables are allowed for like services.

b. The Chief of Police shall attend each session of the court of competent jurisdiction and execute the process thereof and shall cause all persons under arrest to be brought before the proper magistrate as speedily as possible.

3. Act as Fire warden: It is hereby made the duty of the Chief of Police to act as Fire warden, to keep the fire house and all fire apparatus in good condition as possible and to assist in preventing and putting out fires.

4. Keeper of Jail: The Chief of Police is further required to have the care and keeping of the City jail, to keep the same in a cleanly condition and to have the control and keeping of all persons confined therein.

5. Attend Council Meetings; Additional Duties: The Chief of Police shall attend all meetings of the City Council and perform such other duties as the Council may, from time to time, direct. (Ord. 4, 4-7-14)

1-6-5: POUNDMASTER: There is hereby created the office of Pound master for the City who shall be appointed by the City Council and shall hold his office during the pleasure of said Council. Ord. 45, 7-5-21)

1-6-6: HOUSING AUTHORITY: As of January 17, 1973, the powers of the Aberdeen Housing Authority shall be transferred to the Bingham County Housing Authority pursuant to the "Municipal Corporations Housing Authorities and Cooperation Law", 50-1901 et seq., Idaho Code. (Res. 2, 1-17-73; 1991 Code)

1-6-7: POLICE TRAINING: The City declares that it desires to qualify to receive aid for police training from the Law Enforcement Planning Commission under the provisions of chapter 51, section 19-5118 of the Idaho Code, and pursuant to section 19-5117 of said chapter 51, the City, while receiving aid from the Law Enforcement Planning Commission pursuant to said chapter 51, will adhere to the standards for employment and training established by the Idaho Peace Officer Standards and Training Advisory Council. (Ord. 109, 3-3-70)


CHAPTER 7
MUNICIPAL ELECTIONS

(Return to Table of Contents)
SECTION:
1-7-1: Election Wards
1-7-2: Initiative and Referendum; State Law Applicable

1-7-1: ELECTION WARDS: The City shall be divided into three (3) wards as follows:

A. Ward No. 1: Ward No. 1 shall be all that portion of the City lying south of Washington Avenue and west of Main Street.

B. Ward No. 2: Ward No. 2 shall be all that portion of the City lying north of Washington Avenue and west of Main Street.

C. Ward No. 3: Ward No. 3 shall be all that portion of the City lying east of Main Street. (Ord. 63, 6-1-54)

1-7-2: INITIATIVE AND REFERENDUM; STATE LAW APPLICABLE: Petitions for initiative or referendum shall be as follows: referendum and initiative petitions shall conform with the requirements for signature, verification of valid petitions, printing of petitions and time limits, except as expressly modified to meet the purposes of initiative and referendum to be as nearly as practicable as provided in sections 34-1701 through 34-1705, 34-1801 et seq., 50-473, and 50-501 of the Idaho Code. 1991 Code)


Title 2

CHAPTER 1
AIRPORT BOARD OF ADJUSTMENT

(Return to Table of Contents)
SECTION:
2-1-1: Board Created; Powers
2-1-2: Organization
2-1-3: Decisions

2-1-1: BOARD CREATED; POWERS: There is hereby created a Board of Adjustment to have and exercise the following powers:

A. To hear and decide appeals from any order, requirement, decision or determination made by the airport manager in the enforcement of the airport zoning regulations ( See Title 7, Chapter 6 of this Code);

B. To hear and decide special exceptions to the terms of the airport zoning regulations upon which such Board of Adjustment, under such regulations, may be required to pass; and

C. To hear and decide specific variances.

The Board of Adjustment shall consist of all of the members of the City Council. (Ord. 135, 3-16-76)

2-1 -2: ORGANIZATION:

A. Rules: The Board of Adjustment shall adopt rules for its governance and in harmony with the provisions of the airport zoning regulations.

B. Meetings:

1. Meetings of the Board of Adjustment shall be held at the call of the chairman and at such other times as the Board of Adjustment may determine.

2. The chairman, or in his absence the acting chairman, may administer oaths and compel the attendance of witnesses.

3. All hearings of the Board of Adjustment shall be public.

C. Minutes and Records: The Board of Adjustment shall keep minutes of its proceedings showing the vote of each member upon each question or if absent or failing to vote, indicating such fact, and shall keep records of its examinations and other official actions, all of which shall immediately be filed in the office of the airport manager and on due cause shown. (Ord. 135, 3-16-76)

2-1-3: DECISIONS:

A. The Board of Adjustment shall make written findings of facts and conclusions of law, giving the facts upon which it acted and its legal conclusions from such facts, in reversing, affirming or modifying any order, requirement, decision or determination which comes before it under the provisions of the airport zoning regulations.

B. The concurring vote of a majority of the members of the Board of Adjustment shall be sufficient to reverse any order, requirement, decision or determination of the airport manager or to decide in favor of the applicant on any matter upon which it is required to pass under the airport zoning regulations or to effect variation therein. (Ord. 135, 3-16-76)


Title 3

CHAPTER 1
GENERAL LICENSING PROVISIONS

(Return to Table of Contents)
SECTION:
3-1-1: Licenses Required
3-1-2: License Fees
3-1-3: Terms of License
3-1-4: License Nontransferable
3-1-5: Posting and Presenting License
3-1-6: Exemptions from Provisions
3-1-7: Penalties

3-1-1: LICENSES REQUIRED: No person shall, within the City, either himself or by his clerk, agent or employee or as the clerk, agent or employee of another person, engage or be engaged in or employed either as principal, agent, clerk or employee in or about any business, trade or occupation mentioned in this Chapter without having first obtained a license therefore from the City Clerk; provided, that the owner, proprietor or person in charge of such business, trade or occupation shall have procured the proper license and his clerk, agent or employee in or about such business shall not be deemed to have violated this Chapter by reason of such employment or occupation. (Ord.
23, 1-8-18)

3-1-2: LICENSE FEES: The amounts to be paid for such licenses shall be as follows:

Astrologer, fortuneteller, medium, clairvoyant, palmist or other person who in any way, proposes to reveal the past or future, per day $ 3.00
Billiard, pool, bagatelle table or any other kind of table upon which games are played with bait and cue, each table $2.00 per quarter
Bowling alley, each alley $3.00 per quarter
Carnival or street fair combination or other combination of small shows traveling under one management, per day; provided that no license shall be issued for less than six days $20.00
Exhibition of a freak of nature or natural curiosity $2.00 per day
Healer, dentist, quack doctor, or other person who proposes to benefit or cure disease, whatsoever method may be employed; provided, this shall not apply to physicians or surgeons, regularly licensed to practice within the State of Idaho, or to dentists permanently located in the City, per day $3.00
Lung tester, lifter, or other machine or instrument for the purpose of determining physical strength or skill, per day $3.00
Merry-Go-Round, ferris wheel, so-called flying horses or other similar amusement features, per day $3.00
Pawnbroker $10.00 per quarter
Shooting gallery $3.00 per quarter
Theatrical Company  

First day

$2.50

Each additional day of the same stand 1.50 Provided, that shows or theatrical companies which remain in the City for a period of thirty (30) days or more shall pay fifty cents ($.50) per day for each day such show or company remains; provided further, that picture shows shall not be considered shows or theatrical companies as herein provided, but every company of serenaders, minstrels or ballet performers shall be regarded as a theatrical
company.

$1.50
Tightrope or wire rope performance or sleight-of-hand performance, each performance $ 2.00

Trick animal shows; dogs, cats, monkeys or other domestic animals, each performance 10.00

$ 10.00

(Ord. 23, 1-8-18; amd. Ord. 48, 2-7-50; Ord. 50, 8-1-50; 1991 Code)

In any action brought under or arising out of the provisions of this Chapter, the fact that any person represented himself as engaged in any business or calling, the transaction of which requires a license by this Chapter, or that such person exhibited a sign indicating such business or calling, shall be prima facie evidence of the liability of such person to pay
for a license. (Ord. 23, 1-8-18)

3-1-3: TERMS OF LICENSE: Every license issued by the month shall begin on the first day of the month of its issuance, and no such license shall be issued for a less time than one month. Every license issued by the quarter shall begin on January 1, April 1, July 1 or October 1, and no such license shall be issued for a less time than one quarter. (Ord. 23, 1-8-18)

3-1-4: LICENSE NONTRANSFERABLE: No license whatsoever shall be in any manner assignable or transferable or authorize any person or party, other than named therein or mentioned as the licensee, to do or conduct or carry on any such business, trade or occupation, nor shall any person or party, whomsoever, holding or acting under a license which specifies a particular place for the transaction of such business, change or transfer or permit the change or transfer of any such license or business to any other place without the consent of the City Council, and such permission, when granted, shall be endorsed on such license by the City Clerk. (Ord. 23, 1-8-18)

3-1-5: POSTING AND PRESENTING LICENSE: Every person having a license under this Chapter for conducting or carrying on any business, trade or occupation in any particular place shall keep the same posted at alt times while in force in some conspicuous place in his or her place of business, and any failure to post or keep
posted such license, as provided by this Section, shall subject such person and all employees in or about such business to the penalties for carrying on such business without a license.

Any person having a license for carrying on a business other than at some particular place shall produce the same whenever applied for or requested by any officer of the City. (Ord. 23, 1-8-18)

3-1-6: EXEMPTIONS FROM PROVISIONS: Nothing in this Chapter shall be construed to apply to any scientific or literary lectures or entertainments given by the citizens of the City for charitable purposes or otherwise. (Ord. 23, 1-8-18)

3-1-7: PENALTIES: Any person who shall violate any of the provisions of this Chapter, either by conducting, carrying on
or being employed in or about any such business, trade or occupation, without having procured the proper license, or otherwise, shall, on conviction thereof, subject the offender to penalties in accordance with Section 1-4-1 of this City Code. (Ord. 23, 1-8-18; 1991 Code)


CHAPTER 2

LIQUOR CONTROL
ARTICLE A. BEER REGULATIONS

(Return to Table of Contents)
SECTION:
3-2A-1: Definitions
3-2A-2: License Required
3-2A-3: Application for License
3-2A-4: Restrictions on Issuance of License
3-2A-5: License Fee
3-2A-6: Number of Licenses
3-2A-7: Minors
3-2A-8: Effect of Other Laws
3-2A-9: Penalties

3-2A-1: DEFINITIONS: When used in this Article, the following words and terms shall have the meanings ascribed to them in this Article:

LICENSE A license issued by the City Clerk after approval by the City Council to a qualified person and a designated premises under which it shall be lawful for the licensee to sell and dispense beer for consumption on the premises at retail as provided by this Article.
LICENSEE Any person licensed to sell beer for consumption on the premises where sold pursuant to the laws of the State of Idaho (I.C. title 23, chapter 10.) and the applicable County and Municipal ordinances.
PERSON Every individual, partnership, corporation, organization or association holding a retail beer license.
PREMISES The building in which the sale of beer for consumption is authorized by license.
RESTAURANT Any restaurant, cafe, hotel, dining room, coffee shop, cafeteria or other eating establishment having kitchen and cooking facilities for the preparation of food and where hot meals are
regularly served to the public and where the sale of draught beer for consumption upon the premises shall not constitute the primary source of income.
TAVERN Any room of any premises licensed for the sale of beer for consumption on the premises wherein there is a bar and beer, bar supplies and equipment are kept and where beer is
drawn or poured and served for consumption therein said sale of beer to provide the principal source of revenue, with any sale of food to the public being of secondary importance monetarily. "Tavern" shall include barrooms, taprooms and pool halls or amusement centers where beer is sold for consumption on the premise. (Ord. 158, 4-21-81)
3-2A-2: LICENSE REQUIRED: It shall be unlawful for any person to dispose of beer without first obtaining a proper license. (Ord. 158, 4-21-81 - For State law provisions concerning licensing see I.C. 23-1009.)

3-2A-3: APPLICATION FOR LICENSE: Application for a retail tavern or restaurant beer license shall be made under oath to the Clerk, and the application shall show that the applicant possesses all of the qualifications required by this Article. Each application shall be forwarded, after proper and adequate investigation by the Chief of Police, to the governing body for approval of disapproval. (Ord. 158, 4-21-81)

3-2A-4: RESTRICTIONS ON ISSUANCE OF LICENSE: No retail tavern or restaurant license shall be issued by any applicant who:

A. Is not a bona fide owner of such business or is not a citizen of the United States or has not been a bona fide resident of the State of Idaho for a period of one year prior to the date of application; provided, that if the applicant is a partnership, all partners shall be such citizens, and at least one thereof, or the actual manager therefore, shall have been such resident, and if the applicant is a corporation, such corporation shall be qualified to do business in the State of Idaho, and the manager of such business shall be such citizen and shall have been such resident.

B. Has, or any partner or actual manager or officer or employee or spouse of which has been convicted of the violation of any laws of the State of Idaho or of the United States regulating, governing or prohibiting the sale of alcoholic beverages or intoxicating liquor or has, within two (2) years, forfeited or suffered the forfeiture of a bond for his appearance to answer charges of any such violation.

C. Has, or any partner or actual active manager or officer of which has been convicted of any felony within five (5) years or has paid any fine or completed any sentence of confinement therefore within five (5) years.

A retail tavern or restaurant licensee must continue throughout the license period to have all of the foregoing qualifications and none of the foregoing disqualifications, and for failure therein upon proof thereof to an issuer of a license, such issuer shall revoke the license issued, and in writing, sent by the United States registered mail, notify each of the issuers of a retailer's license to such licensee, stating sufficient facts for identification of the licensee and the grounds and date of revocation. (Ord. 158, 4-21-81)

3-2A-5: LICENSE FEE: The license fees for the sale of beer shall be one hundred dollars ($100.00) per year, or fraction thereof, for the sale of beer when consumed on the premises where sold. (Ord. 158, 4-21-81)

3-2A-6: NUMBER OF LICENSES:

A. Taverns: There shall issue no more than two (2) licenses for the retail sale of beer for consumption on the premises of a business establishment hereinbefore defined as a "tavern", wherein the sale of beer for consumption upon the premises provides the principal source of revenue.

B. Restaurants: There shall issue no more than two (2) beer licenses for the retail sale of draught beer for consumption on the premises of any restaurant operating within the City. (Ord. 158, 4-21-81)

3-2A-7: MINORS: It shall not be unlawful for, nor shall any person under the age of twenty one (21) years, be prevented from entering or being upon the premises of any restaurant, as herein defined; notwithstanding, that such premises may also be licensed for the sale of beer for consumption on the premises. (Ord. 158, 4-21-81; 1991 Code)

3-2A-8: EFFECT OF OTHER LAWS: Nothing herein shall be construed as modifying any State statute or County ordinance now in effect or hereafter enacted. (Ord. 158, 4-21-81)

3-2A-9: PENALTIES: Any person who shall violate any provision of this Article shall be deemed guilty of a misdemeanor and, on conviction thereof, subject the offender to penalties in accordance with Section 1-4-1 of this City Code. (Ord. 158, 4-21-81; 1991 Code)

CHAPTER 2


LIQUOR CONTROL
ARTICLE B. WINE REGULATIONS

(Return to Table of Contents)
SECTION:
3-2B-1:Short Title; Authority; Purpose
3-2B-2:Definitions
3-2B-3:Licenses Required
3-2B-4:Restrictions on Issuance of License
3-2B-5:License Fee
3-2B-6:Hours Sales Prohibited


3-2B-1: SHORT TITLE; AUTHORITY; PURPOSE:

A. Short Title: This Article shall be known as the CITY OF ABERDEEN WINE ORDINANCE.

B. Authority: This Article is adopted pursuant to authority granted in Idaho Code 23-1301 et seq.

C. Purpose: The purpose of this Article is to establish City procedures for the sale of wine at retail. (Ord. 178, 5-12-87)

3-2B-2: DEFINITIONS: All definitions shall be as those set forth in Idaho Code 23-1303 unless otherwise indicated. (Ord. 178, 5-12-87)

3-2B-3: LICENSES REQUIRED: Any person wishing to sell wine at retail under the provisions of title 23, chapter 13, Idaho Code, the County Option Kitchen and Table Wine Act, shall apply to the City Clerk for a license to do so and pay such fees as hereinafter described.

No City licensee shall be issued a license without previously obtaining a license from the State of Idaho and County of Bingham. (Ord. 178, 5-12-87)

3-2B-4: RESTRICTIONS ON ISSUANCE OF LICENSE: No City retail wine license shall be issued to an applicant who is:

A. Not a citizen of the United States.

B. If a partnership, does not include one member who is a citizen of the United States.

C. If a corporation, has not qualified to do business in the State of Idaho.

D. Has had a wine license revoked by the Director of the Department of Law Enforcement within three (3) years of the date of the application.

E. Has been convicted of a violation of the laws of this State or of the United States governing the sale of alcoholic beverages, wine or beer within five (5) years from the date of such application.

F. Has been convicted of a felony or has been granted a withheld judgment following an adjudication of guilt of a felony within five (5) years of the date of making such application.

G. If an individual or a partnership, either the individual or at least one of the partners is not twenty one (21) years of age or older. Applicant must comply with all requirements of Idaho Code 23-1307. (Ord. 178, 5-12-87)

3-2B-5: LICENSE FEE: The fee for such license shall be the maximum amount prescribed by law at the time of the application. (Ord. 178, 5-12-87)

3-2B-6: HOURS SALES PROHIBITED: No retail licensee shall sell, give away or dispose in any manner any wine between the hours of one o'clock (1:00) A.M. on Sunday and six o'clock (6:00) A.M. the following day. (Ord. 178, 5-12-87; 1991 Code)


CHAPTER 3


PEDDLERS AND SOLICITORS
SECTION:

(Return to Table of Contents)
3-3-1: Uninvited Peddling or Soliciting

3-3-1: UNINVITED PEDDLING OR SOLICITING: The practice Of going in and upon private residences in the City by
solicitors, peddlers, hawkers, itinerant merchants and transient vendors of merchandise, not having been requested or invited to do so by the owner or owners, occupant or occupants of said private residences, for the purpose of soliciting orders for the sale of goods, wares and merchandise and/or for the purpose of disposing of and/or peddling or hawking the same is hereby declared a nuisance and a misdemeanor and is hereby prohibited.

Violation of any of the provisions of this Section shall constitute a misdemeanor, and any person convicted of such violation shall subject the offender to penalties in accordance with Section 1-4-1 of this City Code. (Ord. 48, 2-7-50; 1991 Code)


CHAPTER 4

JUNK DEALERS AND YARDS
SECTION:


(Return to Table of Contents)
3-4-1: Definition
3-4-2: Premises Requirements
3-4-3: Nuisance Abatement by City
3-4-4: Penalties


3-4-1: DEFINITION; A "junk dealer" shall include any person engaged in the processing or collecting of junk, waste, discarded or salvaged materials, machinery or equipment, including automobile wrecking and dismantling. (Ord. 73, 10-7-58)

3-4-2: PREMISES REQUIREMENTS:

A. Clean, Sanitary Premises: Any person doing business as a junk dealer shall at all times maintain his place of business in a slightly and sanitary manner.

B. Junk to be Enclosed: All material classified as junk, including motor vehicles and/or motor vehicle bodies, shall be maintained either in a building or shall be enclosed by a solid, well-maintained fence not less than six feet (6') high.

C. Violations a Nuisance: The failure of any person to comply with the provisions of this Section shall constitute a nuisance. (Ord. 73, 10-7-58)

3-4-3: NUISANCE ABATEMENT BY CITY: Should any junk dealer fail or refuse to provide proper buildings or a fence, the City shall abate such as a nuisance. The cost of such abatement shall thereafter constitute a lien upon the property and shall be collected as provided by law. (Ord. 73, 10-7-58)

3-4-4: PENALTIES: Any person who shall violate any provision of this Chapter shall subject the offender to penalties in accordance with Section 1-4-1 of this City Code. (Ord. 73, 10-7-5 8; 1991 Code)

TITLE 4
Public Health And Safety

CHAPTER 1
OPEN BURNING

(Return to Table of Contents)
SECTION:
4-1-1: Purpose
4-1-2: Hours Burning Permitted
4-1-3: Special Burning Permit
4-1-4: Authority of Fire Officials
4-1-5: Violation and Penalty

4-1-1: PURPOSE: The purpose of this Chapter is to protect the health and safety of the public by controlling and
supervising the open combustion of materials within the City limits of Aberdeen. (Ord. 156, 11-5-80)

4-1-2: HOURS BURNING PERMITTED:


A. Generally: Open combustion of materials within the City limits of Aberdeen shall only occur during the hours of eight o'clock (8:00) A.M. and twelve o'clock (12:00) noon on a daily basis unless such combustion occurs subject to the exception or the granting of a special burning permit hereafter set forth. (Ord. 156, 11-5-80; 1991 Code)

B. Burning Leaves: The burning of leaves within the City limits shall be allowed without permit from October 25 through November 7 of each year from the hours of six o'clock (6:00) A.M. to five o'clock (5:00) P.M. each day during the permitted burning period. A special burning permit will be required for the burning of leaves during any other time during the year. (Ord. 166, 9-7-82)

4-1-3: SPECIAL BURNING PERMIT: Controlled open combustion during hours other than those times set forth in Section 4-1-2 of this Chapter or of buildings within the City limits shall be conducted only after a special burning permit has been applied for and issued by the City Clerk.

Application for Permit; Fee: An applicant for a special burning permit shall state the material to be burned, the location, the time the fire will be started and the expected duration of the fire and, prior to issuance of the permit, shall pay a permit fee of five dollars ($5.00) to the City for the processing of such application and granting of the permit.

A. Application for a special burning permit shall be made at least twenty four (24) hours prior to the time of initiating combustion upon the described site.

B. Validity of Permit; Reissuance: A special burning permit shall be valid for a twenty four (24) hour period commencing at the time the application states such open combustion shall commence. Upon good cause shown, the City Clerk may reissue, without charge, another special burning permit to allow open combustion on another date differing from that time designated in the original application made to the City Clerk without additional charge. (Ord. 156, 11-5-80)

4-1-4: AUTHORITY OF FIRE OFFICIALS:

A. Even with the issuance of a special burning permit, no burning of any structure within the City limits may commence until inspection of the structure has been made by the Aberdeen Fire District Fire Chief or his designated representative and permission has been granted to initiate the burning of said building.

B. The Aberdeen Fire District Fire Department shall have the power to enter upon any property where open combustion is occurring, whether or not a special burning permit has been issued by the City Clerk, for the purpose of supervising and controlling the burning of refuse or buildings within the City limits in order to protect the health and safety of the public.

C. The Aberdeen Fire District Fire Chief or his designated representative shall have the power to order, delay or to extinguish any open combustion occurring within the City limits which may endanger the health and safety of the public or which may be in violation of State law, County or Municipal ordinance. (Ord. 156, 11-5-80)

4-1-5: VIOLATION AND PENALTY:
Any person violating the provisions of this Chapter shall subject the offender to penalties in accordance with Section 1-4-1 of this City Code. (Ord. 156, 11-5-80; 1991 Code)


CHAPTER 2
NUISANCES

(Return to the Table of Contents)
SECTION:
4-2-1: Definition
4-2-2: Public Nuisances Designated; Exceptions
4-2-3: Nuisances Prohibited
4-2-4: Abatement Procedures
4-2-5: Violation; Penalties


4-2-1: DEFINITION: "Waste matter" is defined, for the purpose of this Chapter, as unused or discarded matter having little or not substantial market value which is exposed to the elements and/or is not enclosed in any structure or otherwise completely concealed from public view and which consists (without limitation or exclusion by enumeration) of such matter and materials as:

A. Rubble: To include asphalt, concrete, plaster, tile, dirt and/or gravel piles, unused building or mobile home foundations;

B. Rubbish:
To include crates, cartons, metal and glass containers, newspapers, boxes, wood shavings, lumber scraps, bedding, furniture, home appliances, washers, dryers, freezers, refrigerators, dilapidated outbuildings, fragments of buildings; and

C. Vehicle (See also Section 5-3-2 of this City Code.) bodies and parts: to include tires, farm equipment and recreational vehicles. (Ord. 184, 6-6-89)

4-2-2: PUBLIC NUISANCES DESIGNATED; EXCEPTIONS:

A. Public Nuisances Enumerated: The following are hereby declared to be public nuisances:

1. All weeds, dry grasses, dead trees, rubbish, refuse, garbage, trash (See also Section 7-1-1 of this City Code.) or any material growing upon the streets, sidewalks, adjacent public rights of way or upon private property within the City which, by reason of size, manner of growth or location, constitute a fire hazard to any building, improvements, crops or other property and weeds and other vegetation which, by reason of promiscuous propagation, will, in reasonable probability, cause damage to public streets and sidewalks.

2. Waste matter, as herein defined, which, by reason of its location and character, is unsightly and interferes with the reasonable enjoyment of property by neighbors or which would materially hamper or interfere with the prevention or suppression of fire upon the premises or any adjoining premises or the abatement of a nuisance as defined by this Chapter.

B. Exceptions: Cultivated and useful grasses and pastures shall not be declared a public nuisance. However, if the Fire Chief or his authorized representative determines it necessary to protect adjacent improved property from fire exposure, an adequate firebreak may be required. (Ord. 184, 6-6-89)

4-2-3: NUISANCES PROHIBITED: No owner of any lot, place or area within the City, or occupant or person in control of same, shall permit on such lot, place or area, or upon any street, sidewalk or public right of way abutting the same a public nuisance to exist as herein defined and found to exist by the Fire Chief or his authorized representative or the Chief of Police or his authorized representative. (Ord. 184, 6-6-89)

4-2-4: ABATEMENT PROCEDURES:

A. Notice to Abate: if it is determined by the Fire Chief or his authorized representative or the Chief of Police or his authorized representative that a public nuisance, as herein defined, exists on any lot, place or area, or upon any street, sidewalk, or public right a of way abutting the same, the Chief of the Fire Department or the Chief of Police or an authorized representative shall cause a notice to be issued to abate such nuisance. Such notice shall be headed "NOTICE TO CLEAN PREMISES", shall contain a description of the property in general terms reasonably sufficient to identify the location of the nuisance, shall describe the nuisance in terms reasonably sufficient to identify the same, shall direct the abatement of the nuisance and shall specify the penalty provision as provided herein. Such notice may be on a form prescribed by the City.

The notice required herein may be served in the following manner:

1. By personal service on the owner of said let, place or area, if the owner lives within the City, and by personal service on the occupant or person in charge or control of the property, if such person can be identified; or,

2. If said owner does not live within the City, by registered mail to the owner at the address shown on the last available assessment roll or as otherwise known and by personal service on the occupant or person in charge or control of the property, if such person can be identified; or (Ord. 184, 6-6-89)

3. Should the owner not be known or have an available address, by posting at a conspicuous place on the land or abutting a public right of way an insertion of an advertisement at least once a week for the period of two (2) weeks in the Aberdeen Times and by personal service on the occupant or person in charge or control of the property, if such person can be identified. Said newspaper advertisement shall be a general notice that property in the City has been posted in accordance with this Chapter and contain a general statement of the effect of such postings. The date of such newspaper advertisements shall not be considered in computing the appeal periods provided by this Chapter. (Ord. 184, 6-6-89; 1991 Code)

B. Abatement by City; Costs: Upon the failure to abate a stated nuisance within the time limits of subsection D of this Section, the City may remove same, doing whatever is necessary to accomplish the abatement cleanup, removal and related work. The costs thereof may be assessed against the property and collected as B) provided by law, particularly as provided by Idaho Code title 50, chapter 10, "Special Assessments" or the City may collect the costs by civil action.

C. Appeals: Before the City may assess costs of abatement against the property and within ten (10) days from the date of posting, mailing or personal service of the required notice, the owner or person occupying or controlling such lot, place or area affected may appeal to the City Council. Such appeal shall be in writing and shall be filed with the City Clerk. At the regular meeting or regular adjourned meeting of the City Council, not less than ten (10) days or more than twenty six (26) days thereafter, the City Council shall proceed to hear and pass upon such appeal, and the decision of the City Council thereupon shall be final and conclusive.

D. Time Limit for Abatement: It shall be the duty of the owner or person occupying or controlling any lot, place or area in the City which has been declared a public nuisance as provided herein, within ten (10) days from the date of notification as provided herein, or in case of an appeal to the City Council, within ten (10) days from the determination thereof, unless the same is sustained, to remove the nuisance as stated. (Ord. 184, 6-6-89)

4-2-5: VIOLATION; PENALTIES:
Failure to abate the stated nuisance shall be a misdemeanor. The process of appeal to the City Council shall not be a prerequisite to criminal prosecution. The provisions of this Chapter are not exclusive remedies and the City may invoke all remedies, civil and criminal, provided for abatement of nuisance. (Ord. 184, 6-6-89)

TITLE 5
Police Regulations

CHAPTER 1
DOGS

(Return to Table of Contents)

SECTION:
5-1-1:Definitions
5-1-2:Dog Licenses
5-1-3:Prohibited Acts and Conditions
5-1-4:Impoundment and Redemption Procedures
5-1-5:Rabies Control
5-1-6:Kennel Licenses
5-1-7:Fee Amendments by Resolution
5-1-8:Violation and Penalty


5-1-1: DEFINITIONS: When used in this Chapter, the following words and terms shall have the meanings ascribed to them in this Section:

DOG Either male or female.

OWNER Any person owning, harboring or keeping or in charge of a dog or dogs within the corporate limits of the City.

UNLICENSED DOG Any dog not bearing a license tag for the current year upon its collar. (Ord. 162, 3-2-82)

5-1-2: DOG LICENSES:

A. License Required; Term; Fee: It shall be unlawful for any person to own, keep or harbor any dog within the Municipality without A) paying a license fee therefore as hereinafter provided. All dog licenses shall be issued for a calendar year, to expire on December 31 of each year. The owner or person having in charge any dog within the City limits shall make application to the City Clerk and pay a license fee in the amount of five dollars ($5.00) for each and every dog. Upon receipt of such application and payment of fees, the City Clerk or Poundmaster shall license, the amount paid by him, together with a metal tag bearing the number corresponding to the number upon the receipt; provided, however, that the provisions of this subsection shall not apply to any person visiting the City for a period not to exceed thirty (30) days owning or possessing a dog currently licensed and bearing the license issued by another licensing authority.

B. Tag and Collar: The metal tag described hereinbefore shall be attached to the collar of the dog which the owner or person in charge of the dog shall provide and which shall be placed and kept upon the neck of the dog so licensed. If the metal tag is lost, a duplicate tag shall be obtained by making application to the Clerk who shall issue such duplicate tag upon payment by the applicant of a fee as the City Council shall from time to time determine and fix by resolution.

C. Outdated or Imitation Tags Prohibited: It shall be unlawful for any person to allow any dog owned, kept or harbored by him to wear a metal license tag received upon the licensing of said dog in a prior year or to wear an imitation of the license tag issued by the City for that year or any tag marked on a plate or collar similar to that required by the City at that time and calculated to deceive any personnel enforcing this Chapter.

D. Record of Licenses: The Clerk shall keep a suitable record of the licenses issued under the provisions of this Chapter and shall record all of the facts required to be stated in the license. (Ord. 162, 3-2-82; 1991 Code)

5-1-3: PROHIBITED ACTS AND CONDITIONS: It Shall be unlawful:

A. Noisy Dogs: For any person to own, keep or harbor within the limits of the City any dog which by barking, howling or yelping disturbs the quiet of any neighborhood or person.

B. Running at Large and Without Permission:

1. For any owner or keeper of a dog to allow said dog to be on any public street, alley, sidewalk or any public way or public place within the City unless said dog is on a leash not exceeding ten feet (10') in length or is confined in a vehicle; provided however, the Mayor may, upon application of any person, authorize dog shows, exhibitions and dog training courses within the City and allow dogs participating therein to be controlled only by competent attendants.

2. For any owner or keeper of a dog to allow said dog to run upon any property in the City without the consent of the owner or tenant in possession of said property.

C. Cruelty: For any person to maltreat or torture any dog, to have the right or authority to kill any dog or to kill such dog in an inhumane manner. (Ord. 162, 3-2-82)

5-1-4: IMPOUNDMENT AND REDEMPTION PROCEDURES:

A. Authority to Impound: It shall be the duty of all policemen and the Poundmaster or any other designated agent of the City to seize and impound any dog found to be running at large in violation of this Section.

B. Unlicensed Dogs: All dogs unlicensed or not exhibiting such tag upon the collar as herein required are declared to be a public nuisance, and it is the duty of all policemen or the Poundmaster or other designated agent of the City to take up and impound any dog not licensed and collared as in this Chapter required. Every dog so seized shall be retained in the Pound for a period of seventy two (72) hours. At any time during said period of seventy two (72) hours, the owner or keeper of said dog may redeem the same by procuring a license as in this Chapter provided and pay, in addition, a fee to the Poundmaster of ten dollars ($10.00) plus four dollars ($4.00) per day of impoundment, which shall be paid into the Treasury by the Poundmaster. At the expiration of seventy two (72) hours after impounding any dog, the Poundmaster is
authorized to sell any such dogs to any person not the owner or keeper thereof upon payment to the City Clerk or
Poundmaster in the amount of ten dollars ($10.00) plus the cost of immunization and dog license, which sum received shall be paid by him into the Treasury. In case any such dog be not redeemed or sold as herein provided, the Poundmaster shall kill said dog in any humane and lawful manner and dispose of the carcass in any lawful manner.

C. Licensed Dogs:
The owner of every licensed dog so seized shall be notified by the Police Department in writing of seizure within forty eight (48) hours thereafter. Notice shall be deemed sufficient when it identifies the dog by license number, states the date and place of seizure, is placed in a sealed envelope addressed to the owner of the dog at his residence as appears on the application for the current license and is deposited in the United States mail with postage prepaid. Every licensed dog so seized shall be retained in the Pound for seven (7) days after notice is mailed to the owner of dog. Any time while said dog is so impounded, the owner or keeper of said dog may redeem the same by paying to the Poundmaster the sum of ten dollars ($10.00) plus four dollars ($4.00) for each day such dog is impounded which shall be paid into the Treasury by the Poundmaster. At the expiration of seven (7) days, the Poundmaster is authorized to dispose of such licensed dog by either delivering the same to any person who will pay the license fee or destroying the same in a humane manner.

D. Interference with Impoundment Officials Prohibited: It shall be unlawful for any person to hinder, molest or interfere with any person who is engaged in seizing any dog, killing the same or removing the carcass under the provisions of this Chapter. (Ord. 162, 3-2-82)

5-1-5: RABIES CONTROL: The Poundmaster, policeman or other designated agent of the City shall have the authority to order the owner of any dog showing symptoms of rabies or any dog which has bitten any person so as to cause an abrasion of skin to confine such dog to a suitable kennel under the care of a veterinarian for quarantine for a period not to exceed fifteen (15) days, and if such dog shall be determined free of rabies, the same shall be returned to the owner upon payment by the owner of all costs of keeping dogs impounded, together with professional fees. No other fee shall be charged. If such fee is not paid, the dog will be subject to disposal as provided herein.

Any dog afflicted with rabies shall be disposed of immediately, either by the owner or Poundmaster. (Ord. 162, 3-2-82)

5-1-6: KENNEL LICENSES:


A. Licenses Required: It shall be unlawful to keep, maintain, harbor or possess upon the premises of any one household more than two (2) dogs unless the owner or person in charge thereof shall have obtained a noncommercial kennel license or a commercial kennel license.

B. Application for License; Fee; Contents:
Application for a noncommercial kennel license shall be made to the Clerk and must be accompanied by the written consent of such noncommercial kennel by at least seventy five percent (75%) of all the persons in possession of premises within three hundred feet (300') of the boundary lines of the premises upon which said noncommercial kennel is to be maintained and accompanied by a deposit of a license fee of fifteen dollars ($15.00) for three (3) dogs and an additional two dollars ($2.00) for each dog over three (3), which deposit shall be returned to the applicant if the license is not fully issued. The applicant shall state the name and address of the owner, where the noncommercial kennel is to be kept and the number of dogs.

C. License Nontransferable; Additional Dogs: Noncommercial kennel license shall not be transferable and shall expire on December 31 of the year in which issued. Whenever additions are made to the number of dogs for which a kennel license has been issued, the licensee shall, within three (3) days, report to the Clerk and pay the required license fee; provided, however, that whenever puppies are born, such puppies shall not be counted as additions until
three (3) months old.

D. Kennels Registered Under American Kennel Club: For every kennel maintained for dogs registered under the rules and regulations of the American Kennel Club, it shall not be necessary to license individual dogs, but the owner of such kennel shall pay an annual license fee of fifty dollars ($50.00); provided, however, that all
dogs covered by such kennel license shall be maintained and kept within the kennel or under leash at all times.

E. Effect on Other Regulations: The issuance of a noncommercial kennel license shall not obviate the necessity of obtaining an individual dog license, nor shall any of the provisions hereof be deemed to vary or alter any of the zoning regulations of the City. (Ord. 162, 3-2-82)

5-1-7: FEE AMENDMENTS BY RESOLUTION: The City Council, by a vote of one-half plus one ('/;, + 1), at any time on or after January 1, 1983, shall hereby be empowered, as from time to time be appropriate, to adjust by resolution the following: license fees for dogs; replacement costs for lost tags, redemption fees for unlicensed
dogs impounded, to include daily maintenance fees and license fees for kennels as are herein initially established by this Section. (Ord. 162, 3-2-82)

5-1-8: VIOLATION AND PENALTY: Any person who shall violate any provision of this Chapter shall be deemed guilty of a misdemeanor and, on conviction thereof, subject the offender to penalties in accordance with Section 1-4-1 of this City Code. (Ord. 162, 3-2-82; 1991 Code)


CHAPTER 2
MINORS

(Return to Table of Contents)
SECTION:
5-2-1: Curfew


5-2-1: CURFEW:

A. Age and Hour Restrictions: It shall be unlawful for any minor or minors under the age of seventeen (17) years to be or remain on any street or alley or in any unoccupied place, public or private, or in any building except the home of such minor or minors or except a private dwelling house of other persons or to roam about the streets within the City between the hours of ten o'clock (10:00) in the evening and six o'clock (6:00) the following morning unless accompanied by a parent or guardian of such minor or minors or unless upon a necessary errand of such parent or guardian.

B. Responsibility of Parents and Guardians: It shall be unlawful for any person being the parent, guardian or other person having the care or custody of any person under the age of seventeen (17) years to permit or allow any such child, ward or minor person under such age, while in said legal custody, to go or be in or upon any of the places named in subsection A of this Section within the time prohibited by said subsection unless accompanied by said parent or guardian or by some competent person able to restrain and control said child unless there exists a reasonable necessity therefore.

C. Minors on Amusement Premises: It shall be unlawful for any proprietor, manager or other person in charge or any clerk or employee of any place of business or amusement to permit or allow any minor or minors under the age of seventeen (17) years, to be in any such place between the hours of ten o'clock (10:00) in the evening and six o'clock (6:00) the following morning unless accompanied by parent or guardian or to loiter in such place during such hours.

D. Violation and Penalty: Any person violating any of the provisions of this Section shall, upon conviction, subject the offender to penalties in accordance with Section 1-4-1 of this City Code. (Ord. 16, 9-7-43; 1991 Code)


CHAPTER 3
ABANDONED, WRECKED VEHICLES AND PERSONALTY

(Return to Table of Contents)
SECTION:
5-3-1: Definitions
5-3-2: Nuisance Vehicles; Procedures
5-3-3: Special Permit and Fee
5-3-4: Exemptions from Provisions
5-3-5: Enforcement
5-3-6:
Penalties

5-3-1: DEFINITIONS: When used in this Chapter, the following words and terms shall have the meanings ascribed to them in this Section:

HIGHWAY Any way or place of whatever nature publicly
maintained and open to use of the public for
the purpose of vehicular travel.
NUISANCE A vehicle described in subsection 5-3-2A of this Chapter.
PUBLIC PROPERTY Any property not privately owned, exclusive of highways.
VEHICLE Includes any device designed to move or propel persons or property or to be drawn upon a highway. The term "vehicles" includes, but is not limited to, automobiles, pick-up trucks, trucks, boats, trailers of all kinds, snow Vehicle (cont.) machines, all-terrain vehicles, motorcycles, and other wheeled or tracked devices. (Ord. 185, 6-6-89)

5-3-2: NUISANCE VEHICLES; PROCEDURES: A. Nuisance Declared: The accumulation and storage of abandoned, wrecked, dismantled, inoperative, or not currently licensed or registered vehicles, or parts thereof, on private or public property creates a condition tending to reduce the value of surrounding private property in the vicinity and promotes blight and deterioration, creates fire hazards, constitutes an attractive nuisance creating a hazard to the health and safety of minors, is a harborage for rodents and insects injurious to the health, safety and general welfare of the public and is, therefore, a public nuisance within the meaning of Idaho Code 50-334.

B. Notice to Remove: Should the Nuisance Vehicle Inspector be informed of or observe the existence of a nuisance, he shall inspect the vehicle, and if, in his opinion, the vehicle is a nuisance, he shall notify the owner of the real property on which the nuisance vehicle is located, as determined from the records of the County Assessor, and the occupants of the premises, if occupied, of the fact that, in his opinion, the vehicle is a nuisance, and he shall instruct them as to the manner in which they can remedy the situation and the time within which to do so, which in no event shall be more than ten (10) days after this notice. Notice by first class mail to the record owner of the property and the occupants of the premises, if known, at their last known address is sufficient.

C. Failure to Remove; Hearing:

1. If the nuisance has not been abated as provided in subsection B above, the Nuisance Vehicle Inspector shall notify the Mayor of the nuisance; the Mayor shall set a time for a public hearing in the Council chambers to be held on the question of whether or not the vehicle is a nuisance, the manner in which it may be abated and the time within which it shall be abated. This hearing procedure shall be complied with before assessment of costs of removal, but shall not be a prerequisite to criminal prosecution.

2. At least ten (10) days before such hearing, notice of such hearing as mentioned in subsection C1 above, shall be given, by certified mail or personal service, to the owner of the property, as disclosed by the records of the County Assessor, and to the occupant of the property upon which the vehicle is parked, if he can be identified, and to the owner of the vehicle if such owner can be identified.

3. At the public hearing any interested party may be represented by counsel and introduce evidence by testimony or otherwise, or may submit his position on the question by written statement. The Council shall determine whether the vehicle is a nuisance, and if it is so found, declare the same to be a nuisance and notify the persons or parties upon whom notice has been served or who appeared at the hearing in defense of the declaration of a nuisance of its decision and may impose such conditions and take such action as it deems appropriate under the circumstances to carry out the purpose of this Chapter. It shall state the manner in which the nuisance may be abated and the time within which it
shall be abated.

If an interested party makes a written presentation at the hearing but does not appear, he shall be notified of the decision by the Council by written decision mailed to the party by first class mail. If the party maintaining the nuisance does not remedy the situation or abate the nuisance within the time prescribed by the decision of the Council, which time limit shall not be less than ten (10) days, and no more than twenty six (26) days, the owner of the vehicle will thereby forfeit all right, title and interest therein.

D. Abatement by City: The Nuisance Vehicle Inspector shall cause the abatement of the nuisance by the removal of the vehicle by City employees or by contractor.

E. Abatement Costs; Failure to Pay: The cost of removal plus administrative costs of one hundred dollars ($100.00) shall be paid by the party found to have caused or maintained the nuisance, within thirty (30) days of the hearing. Should it appear at the hearing that the party permitting or causing the nuisance is the owner of the real property from which the vehicle was removed, either as recorded owner or contract buyer, and the costs pro- vided for in this subsection are not paid within thirty (30) days, costs shall be levied as a special assessment against such property and certified to the Tax Collector of the County by the Clerk as provided by Idaho Code 50-1008. Whether or not the costs are levied as a special assessment is within the sound discretion of the Council, and the Council in its discretion, may
order the City Attorney to collect such costs by civil action.

F. Notice to State: Within five (5) days after the abatement of the nuisance, notice shall be given to the State of Idaho Department of Law Enforcement identifying the vehicle, or part thereof removed, as fully as possible. At the same time, any registration, certificate or license plates found on or with the vehicle shall be transmitted to the State of Idaho Department of Law Enforcement, or at their direction, to any other state or county agency. (Ord. 185, 6-6-89)

5-3-3: SPECIAL PERMIT AND FEE: Upon application of any person for a special permit and the payment of the sum of twenty five dollars ($25.00), the Chief of Police shall cause a permit to be issued to such applicant for salvage of parts for one vehicle for necessary repair of an existing vehicle; said permit shall be valid for not to exceed sixty (60) days; if, on inspection by the Chief of Police or other appropriate City official, the unused salvage has been removed from the property by the permittee, the City shall cause to be returned the initial fee herein provided for, but if such salvage has not been so removed as required herein, the City shall cause the same to be removed and retain the permit fee for the cost thereof. (Ord. 185, 6-6-89)

5-3-4: EXCEPTIONS FROM PROVISIONS:

A. A vehicle or part thereof which is completely enclosed within a building or is not visible from the street or other public or private property.

B. A vehicle or part thereof which is stored or parked in a lawful manner on private property in connection with the business of a licensed vehicle dealer, or body repair shop, or when such storage or parking is necessary to the operation of a lawfully conducted business or commercial enterprise; so long as areas used to store or park inoperable or partially disassembled vehicles are surrounded by an approved sight obscuring fence.

C. A vehicle for which a special permit has been issued pursuant to the Aberdeen City Code. (Ord. 185, 6-6-89)

5-3-5: ENFORCEMENT:

A. Nuisance Vehicle Inspector:
Except as otherwise provided herein, the provisions of this Chapter shall be enforced by an individual appointed by the Council who shall be called the Nuisance Vehicle Inspector, this person shall be the Chief of Police. In the enforcement of this Chapter, such officer and/or his deputies, as he may appoint, may enter upon private or public property to examine the vehicle or parts thereof, or obtain information as to the identity of the vehicle and, when directed by the Council, remove or cause to be removed such vehicle or part thereof declared to be a nuisance pursuant to this Chapter.

B. Authority to Remove: Such vehicles are as declared to be a nuisance may be removed by an employee of the City or the Council may contract with any person or persons for such removal.

C. Ordinance Not Exclusive: This Chapter shall not be deemed to be the exclusive method of abating abandoned, dismantled or inoperative vehicles within the City, but shall supplement and be in addition to all other provisions of this Code and statutes of the State of Idaho. (Ord. 185, 6-6-89)

5-3-6: PENALTIES: Any person violating any of the provisions of this Chapter shall be deemed guilty of a misdemeanor, and shall subject the offender to penalties in accordance with Section 1-4-1 of this City Code. Each day such violation is committed or permitted to continue shall constitute a separate offense. (Ord. 185, 6-6-89)


TITLE 6


CHAPTER 1
GENERAL TRAFFIC PROVISIONS

(Return to Table of Contents)
SECTION:
6-1-1: Traffic Code Adopted
6-1-2: Traffic Districts
6-1-3: Driver to Keep to the Right; Left Turns
6-1-4: Speed Restrictions
6-1-5: Toy Vehicles; Hanging on Vehicles

6-1-1: TRAFFIC CODE ADOPTED:
(See Section 5-3-4 of this Code for removal of improperly parked vehicles. See I.C. @@49-583 and 50-901 for authority to adopt State law by reference.)

A. Intent: It is hereby declared to be the intent of the governing body of the City to aid and assist by whatever means possible for the utmost consistency in traffic regulation among and between agencies of Idaho having such jurisdiction. Toward that end, adoption of the Idaho Motor Vehicle Laws by the cities of Idaho is a necessary means of assuring maximum uniformity within the State.

B. Code Adopted: There is hereby adopted for the purpose of establishing rules and regulations for the use of all streets and public thoroughfares of the City that certain code identified as the Idaho Motor Vehicle Laws, more particularly title 49, Idaho Code, published by the Department of Law Enforcement, and as the same may hereafter be revised by the Idaho Legislature or amended by the governing body, and the same is hereby adopted and incorporated as an ordinance of the City as fully as though set forth at length herein.

C. Copies on File: Three (3) copies of the Idaho Motor Vehicle Laws, together with any revisions or amendments, duly certified by the City Clerk, shall be kept on file in her office for use and examination of and by the public. (Ord. 114, 2-2-71, eff. retroactive to 1-2-71)

6-1-2: TRAFFIC DISTRICTS: For the purpose of this Title, the City is divided into the following described traffic districts:

A. To include that part of State Highway No. 39 lying within or on the boundaries of the City; provided, that this shall refer to said Highway as now located only until said Highway, as relocated, shall be opened to traffic.

B. Business District: To include that part of Main Street between the south line of Washington Avenue and the north line of Lincoln Avenue; that part of First East Street between the south line of Washington Avenue and the north line of Elmore Avenue; that part of Lincoln Avenue between the west line of the alley between Main and First West Streets and the west line of the Oregon Short Line Railroad Main Track; that part of Central Avenue between the west line of the alley between Main and First West Streets and the west line of the Oregon Short Line Railroad Main Track; and that part of Washington Avenue between the west line of the alley between Main and First West Streets and the east line of the alley between First East and Second East Streets.

C. Residence District: To include that part of the City bounded on the north by the north line of Bingham Avenue; on the east by the east line of Second West Street; on the south by the south line of Boise Avenue; and on the west by the west line of Fourth West Street.

D. School Zone: To include that part of Third West Street lying between Central and Washington Avenues; that part of Central Avenue lying between the east line of the alley between Second West and Third West Streets, and the east line of Fourth West Street; that part of Washington Avenue lying between the alley between Second West and Third West Streets and the west line of Fourth West Street; and that part of Fourth West Street extending one hundred feet (100') south from the south line of Washington Avenue. This Zone shall constitute part of the Residence District and shall also be subject to Residence District restrictions. (Ord. 102, 6-12-35)

6-1-3: DRIVER TO KEEP TO THE RIGHT; LEFT TURNS:

A. Each driver shall keep his vehicle on the right half of the street, except on narrow roads, and in turning to the right, shall keep such vehicle as near the right-hand side of the curve as practicable and in turning to the left, shall pass beyond the center of the intersecting street before turning; except, that where the "four button system" or lines indicating the turn are placed, he shall turn in such a manner as to keep said lines or buttons on his left, and as near the same as practicable, and except, that within the School Zone, during the time for the arrival or departure of school buses, all street space lying between the sidewalk adjacent to the school property and a line ten feet (10') less distant from said sidewalk than the center line of the street shall be reserved for school buses, within which space said school buses shall operate according to rules made by the authorities of the School District.

B. Within the Business District, no left turn shall be made except at a street intersection or in driving to or from a public garage or a service station. (Ord. 102, 6-12-35)

6-1-4: SPEED RESTRICTIONS:

A. Speed Limits Established: The maximum speed limits for vehicles traveling upon the following streets and roadways within the City limits of the City shall be as follows:

Street Speed
Central Avenue between Third Street and the intersection of Central Avenue with Power- line Road 15 mph
Main Street 35 mph
All streets and roadways except as herein above provided (Ord. 125, 4-3-73; Ord. 164, 7-6-82) 25 mph
B. Authority to Change Speed Limits: The maximum speed limits herein above mentioned may be increased or decreased by resolution of the City Council and shall become effective after the passage of such resolution and properly posting the streets and roads in conformance with such resolution. (Ord. 125, 4-3-73)

C. Duty of Driver to Decrease Speed: Every driver or person in charge of a motor vehicle shall operate the same with due regard to the safety of other persons, even though such regard for the safety of other person requires him to reduce his speed below the limits herein above prescribed. (Ord. 54, 9-8-25)

D. Violation and Penalty: Any person who shall violate any portion of this Section shall be deemed guilty of a misdemeanor and, upon conviction, shall be punished accordingly.1 (Ord. 125, 4-3-73 - See Section 6-1-1 of this Title.)

6-1-5: TOY VEHICLES; HANGING ON VEHICLES:

A. Pulling Toy Vehicles; Hanging on Vehicles:

1. No person shall, upon any street or alley of the City:

a. Ride upon any sled, bicycle, express wagon or similar small vehicle while the same is being drawn or towed by any
motor vehicle, wagon, buggy, carriage, sleigh, truck or similar vehicle.
b. Hang upon any vehicle whatever while the same is in motion or run behind or permit himself or herself to be towed by
any horse or other animal or any vehicle whatever while such person is connected with said horse or vehicle by any rope, string, wire, cable or similar connection.

2. No person in charge of any horse or vehicle mentioned in the preceding subsections A1a and A1b shall knowingly permit any of the persons or small vehicles mentioned therein to be drawn or towed by the horse or vehicle in his charge, nor shall any person in charge of any vehicle permit any other person to hang upon such vehicle.

B. Skates and Skis: No person shall skate or ski or be drawn or propelled upon skates or skis upon any street or alley of the City.

C. Any person violating any provision of this Section shall subject the offender to penalties in accordance with Section 1-4-1 of this City Code. (Ord. 87, 1-15-31; 1991 Code)
 
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