4-1: ALCOHOLIC BEVERAGES:

ARTICLE I – GENERAL

4-1-1: APPLICABILITY:

A.  This chapter shall supplement the regulations set forth in Idaho Code Title 23. In the event of a conflict between a provision in this chapter and Idaho Code, Idaho Code shall govern.

B.  The provisions of this article shall apply to the entirety of this chapter, unless stated otherwise.

C.  This chapter shall not apply to liquor stores regulated by the State of Idaho. (Ord. 2026-6, 5 May 2026)

4-1-2: DEFINITIONS:

Certain terms used in this Chapter shall have the meanings ascribed below:

ALCOHOL BEVERAGE CATERING PERMIT:  The same as defined in Idaho Code 23-934A, as may be amended from time to time.

BAR:  An establishment with a retail beer on-premises license, wine-by-the-drink license, and/or liquor-by-the-drink license, including wineries and breweries, that does not qualify as a restaurant, as defined in this chapter.

BEER:  The same as defined in Idaho Code 23-1001, as may be amended from time to time.

BAR PATIO:  An outdoor area subordinate, accessory, and adjacent to a bar where, in addition to being served within the bar, beer, wine, and/or liquor by the drink may be consumed. A bar patio is distinct from a restaurant patio, as defined within this chapter.

BUILDING OFFICIAL:  Minidoka County Building Official or designee.

BUILDING LICENSING COORDINATOR:  Minidoka County Building Official or designee.

COMMUNITY DEVELOPMENT DIRECTOR:  The Mayor of the City of Minidoka or designee.

CONVENTION:  The same as defined in Idaho Code 23-902, as may be amended from time to time.

FESTIVAL:  The same as defined in Idaho Code 23-902, as may be amended from time to time.

FIRE CHIEF:  Minidoka County Fire Protection District Chief or designee.

LICENSEE:  Any person, corporation, partnership, organization, or other entity to which a license has been issued by the City pursuant to this chapter.

LIQUOR:  The same as defined in Idaho Code 23-902, as may be amended from time to time.

LIQUOR-BY-THE-DRINK LICENSE:  A license issued by the City to sell and serve liquor by the individual drink for consumption on the premises.

PARTY:  The same as defined in Idaho Code 23-902, as may be amended from time to time.

PREMISES:  All lands, structures, places, equipment, and appurtenances connected or used therewith, whether privately or publicly owned, and including any personal property or vehicle on said premises.

RESTAURANT:  An establishment where food and drink are prepared, served, and consumed primarily within the principal building where there may or may not exist alcohol licensed service, and where food and non-alcoholic beverages account for at least sixty percent (60%) of the gross retail sales.

RESTAURANT PATIO:  An area subordinate, accessory, and adjacent to a restaurant where food and drink are served. A restaurant patio is distinct from a bar patio, as defined within this chapter.

RETAIL WINE LICENSE:  A license issued by the City to sell wine in its original, unopened container at retail for consumption off the premises.

RETAIL BEER OFF-PREMISES LICENSE:  A license issued by the City to sell beer in its original, unopened container at retail for consumption off the premises.

RETAIL BEER ON-PREMISES LICENSE:  A license issued by the City to sell and serve beer by the individual glass, can, or bottle for consumption on the premises.

SHERIFF:  The Minidoka County Sheriff or designee.

WINE:  The same as defined in Idaho Code 23-1303, as may be amended from time to time.

WINE-BY-THE-DRINK LICENSE:  A license issued by the City to sell and serve wine by the individual glass or by the bottle for consumption on the premises. (Ord. 2026-6, 5 May 2026)

4-1-3: LICENSE OR PERMIT REQUIRED; LICENSED PREMISES; DISPLAY MANDATORY:

A.  It shall be unlawful to sell: a) beer within the City without a retail beer off-premises license or retail beer on-premises license; b) wine within the City without a retail wine license or wine-by-the-drink license, unless pursuant to a wine sponsored event as set forth in Idaho Code 23-1338, as may be amended from time to time; and c) liquor by the drink within the City without a liquor-by-the-drink license. A business license issued by the City pursuant to City code shall not be required if wine is sold within the City pursuant to a wine sponsored event permit as set forth in Idaho Code 23-1338, as may be amended from time to time.

B.  It shall be unlawful to serve and/or sell liquor by the drink, beer, and wine, or beer, or wine, at a party, festival, or convention that is open to the public within the City without an alcohol beverage catering permit issued by the City, unless pursuant to a wine sponsored event permit as set forth in Idaho Code 23-1338, as may be amended from time to time. It shall also be unlawful to sell liquor by the drink, beer, and wine, or beer, or wine, at a party, festival, or convention that is not open to the public within the City without an alcohol beverage catering permit issued by the City, unless pursuant to a wine sponsored event permit as set forth in Idaho Code 23-1338, as may be amended from time to time.

C.  A license or permit issued pursuant to this chapter shall a) only be valid for the premises covered by such license or permit, and b) be posted and displayed in a conspicuous place within the premises covered by such license or permit. (Ord. 2026-6, 5 May 2026)

4-1-4: AGE OF APPLICANTS:

Unless otherwise provided by law, applicants for a retail beer off-premises license, retail beer on-premises license, retail wine license, wine-by-the-drink license, liquor-by-the-drink license, or alcohol beverage catering permit shall be at least twenty-one (21) years of age. (Ord. 2026-6, 5 May 2026)

4-1-5: TRANSFERS:

A retail beer off-premises license, retail beer on-premises license, retail wine license, or wine-by-the-drink license may be transferred from one licensee to another, subject to the same requirements set forth in this chapter for the original license and subject to a fee, as set by resolution of the City Council. A bar patio or restaurant patio approval may be transferred from one licensee to another, subject to the same requirements set forth in this chapter for the original approval. (Ord. 2026-6, 5 May 2026)

4-1-6: CONSUMPTION AND OPEN CONTAINER IN PUBLIC PLACES:

No person shall consume any beer, wine, liquor, or any other alcoholic beverage or have in his or her possession any open containers or receptacles containing any beer, wine, liquor, or any other alcoholic beverage on any public parks, grounds, streets, alleys, sidewalks, or rights-of-way, or on privately owned parking lots open to the public within the City, or at any other place therein, unless pursuant to a valid license or permit issued pursuant to City Code. (Ord. 2026-6, 5 May 2026)

4-1-7: APPROVAL REQUIRED FOR SERVING AND/OR SELLING OUTSIDE PREMISES:

It shall be unlawful for a person or business to serve and/or sell beer, wine, or liquor by the drink at any place outside of premises with a retail beer on-premises license, wine-by-the-drink license, and/or liquor-by-the-drink license, unless:

A.  With approval from the City for a restaurant patio;

B.  With approval from the City for a bar patio; or

C.  Pursuant to an alcohol beverage catering permit issued by the City. (Ord. 2026-6, 5 May 2026)

4-1-8: OUTDOOR CONSUMPTION OF BEER, WINE, OR LIQUOR AT A LICENSED RETAIL ESTABLISHMENT PROHIBITED:

The outdoor consumption of beer, wine, or liquor purchased at an establishment with a retail beer on-premises license, wine-by-the-drink license and/or liquor-by-the-drink license shall be prohibited; provided, however, that an on-site, outdoor consumption of beer, wine, or liquor may be permitted within a restaurant patio or bar patio or pursuant to an alcohol beverage catering permit issued by the City, meeting the criteria and conditions as provided hereafter and upon receiving approval from the City. (Ord. 2026-6, 5 May 2026)

4-1-9: PENALTY:

Unless otherwise provided by law, a person or entity found to be in violation of this chapter shall be guilty of a misdemeanor, subject to a fine not exceeding one thousand dollars ($1,000) or imprisonment in the county jail for not more than six (6) months, or both.

4-1-10: SEVERABILITY:

If any provision of this chapter is found by a court of competent jurisdiction to be invalid, such finding shall not affect the validity of other provisions of this chapter that can be given effect without the invalid provision. (Ord. 2026-6, 5 May 2026)

ARTICLE II – BEER AND WINE

4-1-11: APPLICATION FOR LICENSE OR RENEWAL; FEE:

A.  An application for a retail beer off-premises license, retail beer on-premises license, retail wine license, wine-by-the-drink license, or renewal thereof shall be made, in writing, upon a form furnished by the City and shall be submitted to the City Clerk. Such application shall be accompanied by copies of the applicant’s required alcohol licenses from Minidoka County and the Idaho State Police.

B.  An application for a retail beer off-premises license, retail beer on-premises license, retail wine license, wine-by-the-drink license, or renewal thereof, shall be accompanied by a fee, as set by resolution of the City Council.

C.  Upon receipt by the City Clerk of a completed application and fee for a retail beer off-premises license, retail beer on-premises license, retail wine license, wine-by-the-drink license, or renewal thereof, the City Clerk shall create a file for the application.

D.  Recommendations on an application for a retail beer off-premises license, retail beer on-premises license, retail wine license, wine-by-the-drink license, or renewal thereof shall be solicited from the Sheriff and Fire Chief, which recommendations may include conditions to ensure public safety. The City Clerk shall approve or deny an application for a retail beer off-premises license, retail beer on-premises license, retail wine license, wine-by-the-drink license, or renewal thereof within twenty-one (21) calendar days of the City Clerk receipt of a completed application and fee, in accordance with Idaho Code 23-1016 and 23-1318, as applicable and as amended from time to time.

E.  If the City Clerk denies an application for a retail beer off-premises license, retail beer on-premises license, retail wine license, wine-by-the-drink license, or renewal thereof, the City Clerk shall explain the following in writing:

1.  Statutes, ordinances, and standards used in evaluating the application,

2.  Reasons for denial, and

3.  The actions, if any, that the applicant could take to obtain the retail beer off-premises license, retail beer on-premises license, retail wine license, wine-by-the-drink license, or renewal thereof.

Service of the City Clerk’s written denial may be accomplished by hand-delivery or mail. If such a denial is hand-delivered, it shall be deemed received immediately. If such written denial is mailed, it shall be deemed received seventy-two (72) hours after depositing the same in the US mail, first class, certified, or registered and addressed to the applicant’s last known address. (Ord. 2026-6, 5 May 2026)

4-1-12: APPEALS:

A.  An applicant aggrieved by a written denial of the City Clerk may appeal such written denial to the City Council by filing a written notice of appeal with the City Clerk within fifteen (15) calendar days of receipt of such written denial, in accordance with Idaho Code 23-1016, as applicable and as amended from time to time. The notice of appeal shall specify the grounds for appeal.

B.  If an appeal is not filed within fifteen (15) calendar days of receipt of the City Clerk’s written denial, then the City Clerk’s written denial shall be final.

C.  The City Council shall hold a hearing on the appeal within thirty (30) calendar days of receipt of the notice of appeal. The appellant shall have the right to be represented by legal counsel at the hearing and rebut any evidence that is submitted. The formal rules of evidence shall not apply.

D.  The City Council shall issue a written decision within twenty (20) calendar days after the hearing. The City Council may affirm, reverse, or modify the City Clerk’s denial. The City Council’s decision shall be final.

E.  An applicant aggrieved by a final decision of the City Council is entitled to judicial review only as provided by law. (Ord. 2026-6, 5 May 2026)

4-1-13: LICENSE REVOCATION, SUSPENSION, OR DENIAL OF RENEWAL:

A.  In accordance with Idaho Code 23-1042, as may be amended from time to time:

1.  The City Clerk shall have the same powers to revoke, suspend, or deny renewal of a retail beer off-premises license or retail beer on-premises license as are granted to the director of the Idaho State Police; and

2.  The City Clerk’s determination to revoke, suspend, or deny renewal of a retail beer off-premises license or retail beer on-premises license shall be upon the same grounds set forth in Idaho Code 23-1037, as may be amended from time-to-time, and/or that the licensee violated this chapter.

B.  The procedure to revoke, suspend, or deny renewal of a retail beer off-premises license or retail beer on-premises license shall be governed by Idaho Code 23-1042 and other applicable provisions set forth in Idaho Code Title 23, Chapter 10, as may be amended from time to time.

C.  A person or entity whose retail beer off-premises license, retail beer on-premises license, retail wine license, and/or wine-by-the-drink license was revoked or suspended shall immediately surrender such license(s) to the City Clerk. (Ord. 2026-6, 5 May 2026)

4-1-14: HOURS OF SALE:

Beer and wine may be sold pursuant to a retail beer off-premises license, retail beer on-premises license, retail wine license, or wine-by-the-drink license, as applicable, until one o’clock (1:00) a.m. within the City, in accordance with Idaho Code 23-1012 and 23-1318, as applicable and as amended from time to time. (Ord. 2026-6, 5 May 2026)

4-1-15: CHURCHES AND SCHOOLS:

A retail beer on-premises license or wine-by-the-drink license shall not be issued for any place where beer or wine is sold or dispensed to be consumed on the premises, whether conducted for pleasure or profit, that is within three hundred (300) feet of any public school, church, or any other place of worship measured in a straight line to the nearest entrance to the licensed premises without the approval of the City Council. (Ord. 2026-6, 5 May 2026)

ARTICLE III – LIQUOR-BY-THE-DRINK

4-1-16: APPLICATION FOR LICENSE OR RENEWAL; FEE:

A.  An application for a liquor-by-the-drink license or renewal thereof shall be made, in writing, upon a form furnished by the City and shall be submitted to the City Clerk. Such application shall be accompanied by copies of the applicant’s required alcohol licenses from Minidoka County and the Idaho State Police.

B.  An application for a liquor-by-the-drink license or renewal thereof shall be accompanied by a fee, as set by resolution of the City Council.

C.  Upon receipt by the City Clerk of a completed application and fee for a liquor-by-the-drink license or renewal thereof, the City Clerk shall create a file for the application.

D.  The City Clerk shall:

1.  Solicit recommendations on an application for a liquor-by-the-drink license or renewal thereof from the Sheriff and Fire Chief, which recommendations may include conditions to ensure public safety; and

2.  Schedule the application for consideration by the City Council.

E.  The City Council shall approve or deny an application for a liquor-by-the-drink license or renewal thereof within forty-five (45) calendar days of the City Clerk’s receipt of a completed application and fee.

F.  If the City Council denies an application for a liquor-by-the-drink license the City Council shall explain the following in writing:

1.  Statutes, ordinances, and standards used in evaluating the application,

2.  Reasons for denial, and

3.  The actions, if any, that the applicant could take to obtain the liquor-by-the-drink license, or renewal thereof.

G.  The City Council’s decision on an application for a liquor-by-the-drink license or renewal thereof shall be final. (Ord. 2026-6, 5 May 2026)

4-1-17: LICENSE REVOCATION, SUSPENSION, OR DENIAL OF RENEWAL:

A.  In accordance with Idaho Code 23-933B, as may be amended from time-to-time:

1.  The City Council shall have the same powers to revoke, suspend, or deny renewal of a liquor-by-the-drink license as are granted to the director of the Idaho State Police; and

2.  The City Council’s determination to revoke, suspend, or deny renewal of a liquor-by-the-drink license shall be upon the same grounds set forth in Idaho Code 23-933, as may be amended from time-to-time, and/or that the licensee violated this chapter.

B.  The procedure to revoke, suspend, or deny renewal of a liquor-by-the-drink license shall be governed by Idaho Code 23-933B and other applicable provisions set forth in Idaho Code Title 23, Chapter 10, as may be amended from time to time.

C.  A person or entity whose liquor-by-the-drink license was revoked or suspended shall immediately surrender such license to the City Clerk. (Ord. 2026-6, 5 May 2026)

4-1-18: HOURS AND DAYS OF SALE:

A.  Liquor by the drink may be sold pursuant to a liquor-by-the-drink license until one o’clock (1:00) a.m. within the City, in accordance with Idaho Code 23-927, as applicable and as amended from time to time.

B.  Liquor by the drink may be sold pursuant to a liquor-by-the-drink license on Sundays, Memorial Day, and Thanksgiving within the City, in accordance with Idaho Code 23-927, as may be amended from time to time. (Ord. 2026-6, 5 May 2026)

4-1-19: CHURCHES AND SCHOOLS:

A liquor-by-the-drink license shall not be issued for any premises in any neighborhood that is predominantly residential or within three hundred (300) feet of any public school, church, or any other place of worship measured in a straight line to the nearest entrance to the licensed premises without the approval of the City Council. (Ord. 2026-6, 5 May 2026)

ARTICLE IV – ALCOHOL BEVERAGE CATERING PERMIT

4-1-20: APPLICATION FOR PERMIT; FEE:

A.  Idaho Code 23-934A and 23-934B, as may be amended from time-to-time, shall govern the application, processing, and approval requirements for alcohol beverage catering permits issued by the City.

B.  An application for an alcohol beverage catering permit shall be made, in writing, upon a form furnished by the City and shall be submitted to the City Clerk at least fourteen (14) calendar days before the applicable party or at least twenty-one (21) calendar days before the applicable festival or convention. An application for an alcohol beverage catering permit shall be accompanied by a:

1.  Detailed site plan and/or floor plan showing the area where liquor by the drink, beer, and/or wine will be served and locations of exits; and

2.  Filing fee in the amount required by Idaho Code 23-934A, as may be amended from time-to-time.

C.  Upon receipt by the City Clerk of a completed application for an alcohol beverage catering permit, the City Clerk shall forward the application to the Sheriff and Fire Chief. If the party, festival, or convention will occur at a City park, then the City Clerk shall also forward the application to the Mayor. The Sheriff, Fire Chief, and Mayor, as applicable, shall make recommendations on an application for an alcohol beverage catering permit, which recommendations may include conditions to ensure public safety.

D.  The City Clerk shall approve or deny applications for alcohol beverage catering permits, in accordance with Idaho Code 23-934B, as may be amended from time to time.

E.  If the City Clerk denies an application for an alcohol beverage catering permit, the City Clerk shall explain the following in writing:

1.  Statutes, ordinances, and standards used in evaluating the application,

2.  Reasons for denial, and

3.  The actions, if any, that the applicant could take to obtain the alcohol beverage catering permit. (Ord. 2026-6, 5 May 2026)

4-1-21: PERMIT REVOCATION:

The City Clerk may revoke an alcohol beverage catering permit if:

A.  A term or condition of the alcohol beverage catering permit is violated by the holder of the alcohol beverage catering permit; and/or

B.  The holder of the alcohol beverage catering permit violates this chapter or applicable state or federal law in the course of serving alcohol under the alcohol beverage catering permit; and/or

C.  It is found, after issuance, that alcohol cannot be safely served under the alcohol beverage catering permit; and/or

D.  It is found, after issuance, that the alcohol beverage catering permit was issued pursuant to false, inaccurate, or incomplete information on the application. Written notice of such revocation shall be delivered to the holder of the alcohol beverage catering permit by personal service or certified mail. (Ord. 2026-6, 5 May 2026)

ARTICLE V – BAR PATIO

4-1-22: BAR PATIO APPROVAL OR DENIAL PROCESS:

A.  A request for a bar patio shall be made, in writing, as part of a new business license application or as an amendment or addition to an existing business license, and shall be submitted to the City Clerk along with:

1.  A detailed site plan showing the area where beer, wine, or liquor will be served and locations of exits in the bar patio, and

2.  A seating plan for the bar patio, and

3.  A letter approving the site from the Idaho State Police, and

4.  A certificate of occupancy issued by the Minidoka County Building Official.

B.  Upon receipt of a request for a bar patio, the City Clerk shall solicit recommendations from the Sheriff; Fire Chief; and Mayor. Such recommendations may include conditions to ensure public safety. The City Clerk shall approve or deny a request for a bar patio, with or without conditions, within twenty (20) business days of receipt of a completed request.

C.  If the City Clerk denies a request for the bar patio, then the City Clerk shall explain the following in writing:

1.  Statutes, ordinances, and standards used in evaluating the application,

2.  Reasons for denial, and

3.  The actions, if any, that the applicant could take to obtain approval for a bar patio.

Service of the City Clerk’s written denial may be accomplished by hand-delivery or mail. If such written denial is hand-delivered, it shall be deemed received immediately. If such written denial is mailed, it shall be deemed received seventy-two (72) hours after depositing the same in the U.S. mail, first class, certified, or registered and addressed to the applicant’s last known address. (Ord. 2026-6, 5 May 2026)

4-1-23: APPEALS:

An applicant aggrieved by a written denial of the City Clerk may appeal such written denial in accordance with this code regarding business licenses. (Ord. 2026-6, 5 May 2026)

4-1-24: BAR PATIO REQUIREMENTS:

A.  A bar patio may be located on the same premises as a bar.

B.  A bar patio shall have direct access into and from the associated bar and shall have no other entrance or exit, unless required and authorized by the Fire Chief and Sheriff.

C.  A bar patio shall be monitored to ensure compliance with alcohol service and consumption laws.

D.  Ingress and egress for a bar patio shall be subject to the requirements of the International Building Code and International Fire Code, as adopted by the City, and shall be approved by the Building Official and Fire Chief.

E.  Materials, design, and arrangement of seating and enclosures for a bar patio shall be subject to the requirements of the International Building Code and International Fire Code, as adopted by the City, as determined by the Building Official and Fire Chief.

F.  If beer or wine, but not liquor by the drink, will be served within a bar patio, then such bar patio shall be enclosed on all sides by a fence, wall, or temporary partition that is at least thirty-six inches (36″) in height, which clearly designates the area in which beer or wine may be consumed. If said fence, wall, or temporary partition contains a gate, then said gate shall also be at least thirty-six inches (36″) in height and shall be kept closed and locked, unless:

1.  Used for loading or unloading purposes, or

2.  As otherwise required by the fire marshal. Said gate shall have a sign stating that no alcohol is allowed beyond the gate.

If liquor by the drink will be served within a bar patio, then such bar patio shall be enclosed on all sides by a sight-obscuring fence or wall that is at least seventy-two inches (72″) in height, which fence or wall shall be anchored into the ground or otherwise securely affixed so it is not readily movable. If said fence or wall contains a gate, then said gate shall also be sight-obscuring and shall be at least seventy-two inches (72″) in height. Said gate shall be kept closed and locked, unless:

1.  Used for loading or unloading purposes, or

2.  As otherwise required by the Fire Chief. Said gate shall have a sign stating that no alcohol is allowed beyond the gate. (Ord. 2026-6, 5 May 2026)

ARTICLE VI – RESTAURANT PATIO

4-1-25: CONDITIONS FOR APPROVAL OF A RESTAURANT PATIO:

Upon proper application, approval for a restaurant patio may be granted as an addition to an existing business license or as part of a new business license, upon meeting the following criteria and conditions:

A.  A restaurant patio shall be operated by an adjacent restaurant maintaining a current City business license.

B.  A restaurant patio shall not extend more than a combined total of twenty-five (25) feet parallel to the street beyond the sidewalls of the adjacent restaurant of which the restaurant patio is a part.

C.  The property owner shall maintain all areas adjacent to and including areas where tables and chairs are located in a clean and sanitary manner, including the provision of appropriate trash receptacles. Maintenance shall include sweeping on a daily basis any adjacent right-of-way where the restaurant patio is located and the immediate clearing of any food debris, broken glass, and other trash. Materials associated with the restaurant shall be removed from the right-of-way by sweeping and picking up or vacuuming. Debris shall not be swept, washed, hosed, or blown into the adjacent streets and/or parking areas.

D.  The City reserves the right to preclude the placement or use of outdoor tables or other street furniture on city property during special public events or parades where due to overcrowding, congestion, or other public safety concerns, the use or placement may create a hazard and/or interfere with the general health and safety of the public. The Sheriff or designee is authorized to place further restrictions on consumption of beer, wine, and liquor during special events or parades as deemed necessary.

E.  The ratio of outdoor seats to indoor seats shall not exceed one (1) outdoor seat for each three (3) seats inside the restaurant.

In addition to subsections (A) through (E) of this section, a restaurant patio serving beer, wine, and/or liquor must meet subsections (F) through (K) of this section.

F.  A necessary and valid liquor-by-the-drink license, retail beer on-premises license, and/or wine-by-the-drink license shall have already been issued or be issuable to the restaurant for consumption within the restaurant and in the outside areas as defined in the approved site plan drawing.

G.  The restaurant patio shall be a bona fide restaurant and may be required to demonstrate or report to the satisfaction of the city or its designee that it has maintained at least sixty percent (60%) of gross retail sales from the sale of food and nonalcoholic beverages through reports submitted with the application for a restaurant patio on public sidewalks. Such demonstration or report shall contain copies of sales tax receipts and other documents including those prepared for the Idaho Tax Commission if required by the City.

H.  Beer, wine, and/or liquor shall only be sold and consumed at a restaurant patio during the respective days and timeframes set forth in this chapter. No person other than the business owner or an employee of the business shall serve any beer, wine, or liquor consumed on-site at a restaurant patio, unless pursuant to an alcohol beverage catering permit issued by the City or a wine sponsored event permit as set forth in Idaho Code 23-1338, as may be amended from time to time.

I.  The business owner shall be responsible for making sure guests do not leave the restaurant patio area with beer, wine, or liquor. No beer, wine, or liquor shall be authorized beyond the area described by subsection (J) of this section.

J.  Temporary partitions thirty-six (36) inches in height shall be installed to clearly designate the area in which beer, wine, and liquor may be consumed. Beer, wine, and liquor shall not be consumed outside the area so designated. Temporary partitions shall receive prior approval from the City and shall be placed in such a manner as to not obstruct pedestrian traffic, damage the sidewalk, or constitute a safety hazard.

K.  A sign shall be placed at all exits of the restaurant patio. This sign shall be at least eight and one-half (8 1/2″) inches by eleven (11″) inches and displayed at a height of at least five (5′) feet. Said sign shall read, “It is unlawful on these premises to consume alcoholic beverages not purchased at [premises name] or to remove the same from the boundaries of this sidewalk café.” (Ord. 2026-6, 5 May 2026)

4-1-26: ENCROACHMENT OF RESTAURANT PATIO ON CITY RIGHT-OF-WAY:

A restaurant patio may be licensed to encroach onto city right-of-way on the following conditions:

A.  All the conditions set forth in section 4-1-25 are satisfied.

B.  There shall be a continuous forty-two (42) inch wide unobstructed clear passage area for pedestrians and persons in wheelchairs between chairs, tables, umbrellas, partitions, and other obstructions to allow persons to pass the restaurant patio. For the purposes of this policy, other obstructions shall include, but not be limited to, light poles, sign poles, building fronts, trees, or other permanent street furniture and/or fixtures. The holder of the license with approval for a restaurant patio shall be responsible for preserving this forty-two (42) inch clear passage at all times.

C.  Table umbrellas shall be permitted under the following conditions:

1.  The minimum height of the umbrella canopy shall be seven (7) feet;

2.  No umbrella shall obstruct any street signs; c) No portion of an umbrella shall encroach on the forty-two (42) inch passage area.

D.  Furniture or partitions may only be installed within the right-of-way or to any object within the right-of-way with the permission of the Mayor or designee. Said permission may require the posting of a bond to cover the expenses of potential damage to the right-of-way or improvements contained therein. (Ord. 2026-6, 5 May 2026)

4-1-27: CONTENTS OF APPLICATION:

Prior to the approval for a restaurant patio associated with an adjacent restaurant and for a restaurant patio associated with an adjacent restaurant to encroach onto City right-of-way, an application for a restaurant patio shall be made, in writing, on a form furnished by the City, and shall be submitted to the City Clerk. Such application shall be accompanied by the following:

A.  A copy of any required encroachment permit;

B.  A detailed site plan showing the area where beer, wine, or liquor will be served, if applicable, and locations of exits in the restaurant patio;

C.  A scale drawing of proposed locations of tables, chairs, and partitions to designate the proposed restaurant patio area;

D.  A letter approving the site from the Idaho State Police if beer, wine, or liquor will be served in the restaurant patio;

E.  Any information requested by the City to ensure compliance with conditions and regulations of restaurant patios provided above;

F.  A fee, as set by resolution of the city council; and

G.  When beer, wine, or liquor is proposed to be served at the restaurant patio, proof of necessary State of Idaho, Minidoka County, and City alcohol licenses. (Ord. 2026-6, 5 May 2026)

4-1-28: APPLICATION APPROVAL OR DENIAL:

The City Clerk shall, after the review and recommendation by the Mayor, approve or deny an application for a restaurant patio within twenty (20) business days of the City Clerk’s receipt of a completed application. If the City Clerk denies an application for a restaurant patio, then the City Clerk shall explain the following in writing:

A.  Statutes, ordinances, and standards used in evaluating the application;

B.  Reasons for denial; and

C.  The actions, if any, that the applicant could take to obtain approval for a restaurant patio.

Service of the City Clerk’s written denial may be accomplished by hand-delivery or mail. If such written denial is hand-delivered, it shall be deemed received immediately. If such written denial is mailed, it shall be deemed received seventy-two (72) hours after depositing the same in the U.S. mail, first class, certified, or registered and addressed to the applicant’s last known address. (Ord. 2026-6, 5 May 2026)

4-1-29: APPEALS:

An applicant aggrieved by a written denial of the City Clerk may appeal such written denial in accordance with this code regarding business licenses. (Ord. 2026-6, 5 May 2026)

4-2: RESERVED:

4-3: RESERVED:

4-4: JUNKYARDS:

4-4-1: DEFINITIONS:

AUTOMOBILE GRAVEYARD:  Any establishment or place of business which is maintained, used or operated for storing, keeping, buying or selling wrecked, scrapped, ruined or dismantled motor vehicles or motor vehicle parts.

DUMP:  Any place or area where junk is deposited, stored or kept.

JUNK:  Old or scrap copper, brass, rope, rags, battery, plastic, paper, trash, rubber, debris, waste, or junk, dismantled or wrecked automobiles or parts thereof, iron, steel or other old or scrap ferrous or nonferrous material.

JUNKYARD:  An establishment or place of business which is maintained, operated or used for storing, keeping, buying or selling junk or for the maintenance or operating of an automobile graveyard or for the operation or maintenance of a business which is maintained, used or operated for storing, keeping, buying or selling wrecked or dismantled machinery, and shall also include dumps, whether exclusively or in conjunction with other business.

MACHINERY:  All articles of domestic farm or industrial machinery or equipment, any and all metal or wooden machinery motors, apparatus, tools or property.

MAINTAIN:  To allow to exist.

MOTOR VEHICLE:  Any vehicle power propelled or drawn by power other than muscular power designed to travel on the ground by wheels, treads, runners, or slides and to transport persons or property or pull machinery, including, but not limited to, automobiles, trucks, tractors, motorcycles, buggies or wagons.

PERSON:  Any person, firm, partnership, association, corporation or other business units or devices. (Ord. 2026-6, 5 May 2026)

4-4-2: LICENSE FEE:

No person shall operate, establish or maintain a junkyard in the city without obtaining a license from the city, issued by the city clerk after approval by the city council, and the license for such junkyard and each renewal thereof shall be issued on a calendar year basis and shall expire on December 31 following the date of issuance. The fee for such license shall be set from time to time by resolution of the city council and must be paid to the city clerk in advance of issuance of any license. (Ord. 2026-6, 5 May 2026)

4-4-3: REQUIREMENTS FOR LICENSES:

A.  Application Information: A person applying for a junkyard license under this section shall prepare, sign and submit to the City Clerk an application which shall contain the following information:

1.  The name, residence, address and telephone number of the applicant. In the case of partnerships or joint ventures, it shall include the names, residences and telephone numbers of all general and/or limited partners or joint venturers; in the case of corporations, it shall include the names, addresses and telephone numbers of all officers and directors of said corporation.

2.  The trade name or proposed trade name of the junkyard, its mailing address and street address (if different) and telephone number.

3.  The legal description of the real property on which the junkyard is to be located and a statement of the number of acres the junkyard will encompass within the mandatory fence.

4.  Attached to the application shall be a reasonably accurate sketch of the junkyard layout showing at least the fence perimeter, points of access to the junkyard, surrounding roads, any structures or buildings placed or to be placed on the property, and notations of easements of record.

5.  If different from any specification above, the name, address and telephone number of the owner or owners of the real property and the name, address and telephone number (if available) of any lien or easement holders of the land.

6.  The application must be signed by the applicant under oath. In the case of partnerships, all general partners must so sign and in the case of joint ventures, all joint venturers must so sign, and in the case of corporations, the authorized agent making application must sign under oath, and there must be an adequate indication on the application that such agent has been duly authorized, and that such application is properly attested to by the appropriate corporate officer.

7.  A statement that all other necessary waivers, licenses, and obligations lawfully imposed have been or will be met and obtained, and that all laws of the state of Idaho and all ordinances, rules, regulations and restrictions of any kind of the state of Idaho, or any of its subdivisions, or any federal agency have been or will be fully complied with, including, but not limited to: city and county zoning requirements, health requirements, sanitation requirements, safety requirements, environmental protection requirements and building codes.

B.  Requirements For Issuance: No license may be issued until and unless the following requirements have been fully met:

1.  That an application completed as above described has been placed on file with the City. In the case of persons having previously placed an application on file, it shall be sufficient to submit a statement under oath that the application is current in all respects and that the information contained therein is correct. If the information on file is not correct, or is in any manner incorrect, or has become obsolete, then a revised or supplementary application may be filed in lieu of a complete reapplication. Such a revised or supplementary application must be signed under oath as above provided.

2.  A fence at least eight feet (8′) in height must be constructed around the perimeter of the proposed junkyard out of some substantial material which prevents observation of any and all junk and other material or objects to be located and placed within the confines of said junkyard. Such fence will be of such substantial quality as to reasonably discourage unauthorized entrance, particularly by minor children. Also, to the extent possible, such fence shall be as reasonably aesthetic in appeal as possible. If a fence which otherwise complies with this subsection is constructed of wood but over time natural shrinkage allows some gaps to form so that some amount of observation through the fence of the material beyond the fence is permissible, such fence shall, nevertheless, be deemed to be in compliance with this subsection. Except for the foregoing shrinkage provision applying only to wooden fences, any fence constructed under this subsection must also be maintained so that it continues to meet the requirements of this subsection.

3.  The confines within the fenced junkyard area shall occupy a contiguous tract of land of not less than ten (10) acres.

4.  The frontage of a junkyard shall be a minimum of six hundred feet (600′) and a maximum of eight hundred feet (800′). The shape of the junkyard shall be reasonably square whenever possible.

5.  No portion of a new junkyard shall be within two (2) miles of an existing junkyard already licensed under the provisions herein.

6.  Respecting new junkyards, such junkyard site location can be disapproved if such location would, in the reasoned and considered opinion of the city council, frustrate economical, safe, orderly and well planned present or future development of the city, regardless of present city layout and/or city or county zoning requirements.

7.  In the case of new junkyards, the proposed site must be appropriately zoned prior to license issuance.

8.  The City Clerk must have previously received the license fee in full. This fee is nonrefundable.

C.  Renewals: Renewals of the license as herein described will be issued only upon full compliance with the above provisions except as hereinafter provided.

D.  Waiver Of Full Compliance:

1.  In the case of already operating and licensed junkyards which were operating as such and duly licensed and in otherwise full compliance with the previously enacted and partially herewith repealed junkyard ordinances, such junkyards are granted waiver of compliance as to the following requirements as herein provided:

a.  The minimum size of ten (10) acres;

b.  Minimum and maximum frontage of the junkyard;

c.  The requirement that the fence be a minimum of eight feet (8′) in height and be constructed of such material as to prevent observation from and outside of the junk or material stored on the inside; however, it shall remain a requirement of such junkyards operating as herein described, and eligible for the exception herein contained that such a junkyard maintain either a chain link or solid wood fence of at least eight feet (8′) in height around the entire perimeter of the junkyard. In no event, however, may a junkyard have any other fence surrounding its perimeter other than a solid fence which prevents observation of the junk beyond the fence after five (5) years of the enactment of this chapter.

E.  Exception To Above Waiver Of Compliance:

1.  The waivers to compliance to subsection D of this section applying to junkyards operating, licensed and in full compliance with the prior chapter applies only to junkyards which remain owned by the original prior owner as of the date of enforcement of this chapter. Further, any sale of the business, or any change in ownership of such junkyard revokes the above waiver and evokes the full requirements of compliance with all provisions of this chapter. Also, any renovation of the facilities of the junkyard as herein provided specifically including a change in the fence, either as to type of material or raising its height, revokes the waiver of using anything but a solid fence, which prevents observation of junk stored behind such fence.

2.  A “sale” is defined for purposes herein as any sale whatsoever, private or public, voluntary or judicial, or otherwise.

3.  A “change of ownership” is defined for purposes herein as any change of ownership, including, but not limited to, bankruptcy, judicial or other foreclosure, reorganization, including merger, sale of the junkyard on contract regardless of whether title passes at the date of contract or not, any acquisition of the junkyard by inheritance, testate or intestate, or otherwise.

4.  However, the following shall not be construed as a sale or a change of ownership: the mere change of name of a business with no other change; the giving of mortgages, security interests, or the like in the land or the property; the adding or deleting of partners, if the junkyard is owned by a partnership, so long as at least one of the original general partners remains a general partner, and such general partner remains at all times a managing general partner conducting daily business of the junkyard, or, in the case of a corporation, the sale of stock or the creation of a new class of stock and sale of same. (Ord. 2026-6, 5 May 2026)

4-4-4: GENERAL OPERATING REQUIREMENTS:

The following general operating requirements shall apply to all junkyards licensed in accordance with the provisions of this chapter:

A.  The license issued pursuant to this chapter shall be plainly displayed on the business premises;

B.  The junkyard, together with things kept therein, shall at all times be maintained in a safe and sanitary condition;

C.  No space not covered by the license shall be used in the licensed business;

D.  No water shall be allowed to stand in any place on the premises in such a manner as to afford a breeding place for mosquitoes;

E.  Weeds and vegetation on the premises, other than trees, shall be kept at a height of not more than four inches (4″);

F.  No garbage or other waste liable to give off a foul odor or attract vermin shall be kept on the premises; nor shall any refuse as “junk” as defined herein and is in use in the licensed business;

G.  No junk shall be allowed to rest upon or protrude over any public street, walkway, or curb, or become scattered or blown off the business premises;

H.  Junk shall be stored in piles not exceeding ten feet (10′) in height and shall be arranged so as to permit easy access to all such junk for firefighting purposes;

I.  No combustible material of any kind not necessary or beneficial to the licensed business shall be kept on the premises; nor shall the premises be allowed to become a fire hazard;

J.  Gasoline and oil shall be removed from any scrapped engines or vehicles on the premises;

K.  No junk or other material shall be burned on the premises in any incinerator not meeting the requirements of any applicable state law or building code nor shall junk or other material be burned on the premises in the open except as provided by Idaho law;

L.  The junkyard operation shall comply in all respects with any noise requirements presently or hereinafter ordained by the city;

M.  The area on the premises where junk is kept (other than indoors) shall be enclosed, except for entrances and exits, with a solid, vertical wall or fence of a minimum height of eight feet (8′) measured from ground level. Said fence shall be high enough at all times to obscure view of any junk kept behind it. If junk piled behind the fence is higher than the fence, the person owning the junkyard shall immediately raise the fence to a sufficient height (but in no event higher than 10 feet) and/or reduce the size of the junk pile behind such fence to a size equal to that of the fence, all in accordance with and not inconsistent with any provisions herein contained;

N.  The owner or owners of junkyards shall permit inspection of the business premises by any member or representative of the city council at any reasonable time;

O.  Persons operating junkyards and their agents shall reasonably insure and protect and give adequate and due consideration to obtained proof of ownership of any materials or junk that said junkyard accepts either by gift, purchase or otherwise;

P.  No junkyard shall be allowed to become a nuisance nor shall any junkyard be operated in such a manner as to become injurious to health, safety or welfare of the community or any residents close by.

4-4-5: LICENSE NONTRANSFERABLE:

No license issued under this chapter shall be transferable or assigned or used by any person other than the one to whom it was issued, and no license shall be used at any location other than the one described in the application upon which it was issued. (Ord. 2026-6, 5 May 2026)

4-4-6: REVOCATION AND SUSPENSION:

When the city council determines that the public interest so requires, it shall revoke or suspend the license of any junkyard when it finds, after due investigation that:

A.  The person owning or operating the junkyard or any agent or officer of such owner or operator who takes part in the operation of the licensed business is not of good character or reputation or is not capable of operating the licensed business or carrying on the licensed activity in a manner consistent with the public health, safety, and good morals; or

B.  The owner or operator of the junkyard has failed to comply with the provisions of this chapter or any provision of the law applicable to the premises, equipment or operation of the licensed business; or

C.  The licensee has obtained his license through any fraud or misstatement; or

D.  The licensed business or activity is being conducted in a manner detrimental to health, safety or general welfare of the public, or is a nuisance, or is being operated or carried on in an unlawful manner; or

E.  The licensed business or activity is no longer being operated or carried on. (Ord. 2026-6, 5 May 2026)

4-4-7: PENALTY FOR VIOLATION:

A.  All violations of this chapter are hereby declared to be public nuisances. The city may apply to the district court of the county in which said unlawful junkyard or dump is located for injunction prohibiting further operation of any junkyard or dump in violation of this chapter.

B.  Any person who shall violate any provision of this chapter shall be deemed guilty of a misdemeanor.

C.  The penalties provided in this chapter for the violation of the same are cumulative and not exclusive. (Ord. 2026-6, 5 May 2026)

4-5: AUCTIONS AND AUCTIONEERS:

4-5-1: AUCTIONS PERMITTED:

Auction sales may be conducted only by auctioneers holding a valid license from the state of Idaho. (Ord. 2026-6, 5 May 2026)

4-5-2: AUCTIONS NOT TO CONFLICT WITH ZONING:

Auctioneers, licensed by the state of Idaho, may conduct auction sales in the city, but only in such zones of the city where the sale of the items, things, animals or material sold could be sold under the zoning laws or restrictions of that zone as a retail business, all as defined and set forth in title 8 of this code. (Ord. 2026-6, 5 May 2026)

4-5-3: CHARITABLE OR ONE TIME AUCTIONS:

Auctions for solely charitable purpose not more often than once a year or one time only sales of the contents of a residence occasioned by the death or move of the owner of the property to be sold, may be permitted without complying with such zoning law or section 4-5-1 of this chapter upon application to the city clerk in advance. The application shall state the name, address, telephone number of the applicant and of any persons or entities owning things or materials to be sold at the proposed auction or persons who will receive the proceeds of such auction; date of the auction, hours of the auction, name, address and telephone number of the auctioneer(s) and the purpose of the auction. However, under no circumstances may agricultural products, produce or animals of any kind be auctioned except in such areas of the city duly zoned therefor. (Ord. 2026-6, 5 May 2026)

4-5-4: RESTRICTIONS:

The auctioneer and the owner of the land where the auction is conducted are jointly responsible for traffic control, crowd control and litter cleanup resulting from the auction or persons attending the auction. In the event an animal auction is conducted, the auctioneer and landowner shall, within twenty four (24) hours of the end of the auction, clean up all animal waste and remove all animals, unless there is a lawfully zoned existing structure for the containment of the animals. The auctioneer and landowner shall comply with any direction or order of any law enforcement officer regarding the manner and method of conducting the sale and shall immediately terminate the sale if requested by any law enforcement officer. (Ord. 2026-6, 5 May 2026)

4-5-5: PENALTY:

Violation of this chapter shall be a misdemeanor. Further, the prosecution of a misdemeanor by the city is in addition to and not to the exclusion of any civil remedy the city may have for such violation. (Ord. 2026-6, 5 May 2026)

4-6: ANIMAL AUCTION OR SALE YARDS:

4-6-1: LICENSE REQUIRED:

Every person who shall sell or offer to sell livestock or poultry within the city by auction sale shall, in addition to complying with the provisions of this chapter, also obtain an auction license as set forth in chapter 5 of this title and comply with all therein stated requirements. (Ord. 2026-6, 5 May 2026)

4-6-2: YARDS:

All public auction or public sale grounds shall comply with the fire regulations of the city, which have been or may hereafter be enacted with such rules and regulations concerning sanitation as may be prescribed by this code, and the department of public health of the state. (Ord. 2026-6, 5 May 2026)

4-6-3: PENS:

All pens in which livestock or poultry is kept shall be thoroughly cleaned immediately after and on the day of each sale. (Ord. 2026-6, 5 May 2026)

4-6-4: REFUSE:

All manure and refuse shall be hauled away within twenty four (24) hours after each sale. (Ord. 2026-6, 5 May 2026)

4-6-5: FIRE HAZARDS PROHIBITED:

All buildings, fences, pens and structures of all kinds shall be so constructed and maintained as to not become a fire hazard to surrounding property to jeopardize the lives of the public. (Ord. 2026-6, 5 May 2026)

4-7: PAWNBROKERS AND SECONDHAND DEALERS:

4-7-1: LICENSE REQUIRED:

Every person other than auctioneers and junkyard dealers engaging in the sale of secondhand merchandise of whatsoever nature, whether so dealing exclusively or in connection with other business; or, acting as a pawnbroker or operating a place of business where such person holds himself out as a pawnbroker, all within the city of Minidoka, prior to commencing business as a pawnbroker shall obtain and maintain a license therefor issued by the city clerk. (Ord. 2026-6, 5 May 2026)

4-7-2: APPLICATION:

Application for a license constitutes payment in advance by the applicant of the license fee in the amount as set by resolution of the city council, and the submitting of an application prepared in advance by the city clerk. The application shall require the following information of the applicant:

A.  The name and place of residence of the applicant and length of his residence within the state of Idaho, and if the applicant is a partnership, the names, places of residence and lengths of residence within the state of Idaho of each partner, and, if the applicant is a corporation or association, the date and place of incorporation or organization, the location of its principal place of business in Idaho and the names and places of residence of its officers, directors or members of its governing board, and of the person who manages or will manage the business;

B.  The particular place for which the license is desired, designating the same by a street and number, if practicable, or by such other apt description as definitely locates such place, and the name of the owner of the premises for which license is sought;

C.  If the applicant is an individual, that he is a citizen of the United States and has resided within the state of Idaho at least thirty (30) days immediately prior to making the application;

D.  If the applicant is a partnership, that at least one member thereof is a citizen of the United States and has resided within the state of Idaho for a period of at least thirty (30) days;

E.  If the applicant is a corporation that it has qualified as required by the laws of the state of Idaho to do business within the state of Idaho;

F.  The applicant or any principal thereof has not been convicted of a felony or been granted a withheld judgment following an adjudication of guilt of a felony or pleaded guilty to any felony charge within five (5) years from the date of application;

G.  The application must be subscribed and sworn to by the individual applicant or by a partner of a partnership applicant, or by an officer of a corporation applicant before a notary public or other person authorized by law to administer oaths.

H.  If an applicant shall be unable to make any affirmative showing required in this section or if an application shall contain a false material statement, knowingly made, the same shall constitute a disqualification for license and license shall be refused. If a license is received on any application containing a false material statement, knowingly made, such license shall be revoked. If at any time during the period for which license is issued a licensee becomes unable to make the affirmative showings required by this section, the license shall be revoked, or, if disqualification can be removed, the license shall be suspended until the same shall be removed. The procedure to be followed upon refusal, revocation or suspension of license as herein provided for shall be in accordance with the procedure set forth in this act. (Ord. 2026-6, 5 May 2026)

4-7-3: FEES, EXPIRATION AND RENEWAL:

The annual fee or fee for any portion of a year shall be as set forth in section 4-7-2 of this chapter for the license of a pawnbroker or secondhand dealer or person engaged in both businesses. All licenses expire at twelve o’clock (12:00) midnight December 31 of the year issued. All licenses must be renewed by payment of the annual fee and must be accompanied by either a new application or a statement under oath by the applicant that the original application is still accurate. (Ord. 2026-6, 5 May 2026)

4-7-4: RECORD OF TRANSACTIONS:

Every dealer in secondhand merchandise, and every pawnbroker so operating or doing business in the city shall keep a detailed daily record of their transactions, with a notation of the estimated value of the property acquired, either by purchase, trade or pledge, and a complete description of the property, together with the name and address of the trader, seller or pledger, which said daily record shall be made readily available to law enforcement upon request and upon reasonable notice. Further, every dealer in secondhand merchandise and every pawnbroker so operating or doing business in the city, as above mentioned, shall, at the time of the acquisition of the property by them, as aforementioned, require that the trader, seller or pledger of such property exhibit to them reasonable proof of the identification of said trader, seller or pledger of said property, which said proof of identification shall be noted on the daily record hereinbefore specified. (Ord. 2026-6, 5 May 2026)

4-7-5: REVOCATION OR SUSPENSION OF LICENSE:

In the event that a licensee under this chapter is convicted of a violation of this chapter or of any law of the state of Idaho or makes a false statement in the application, or in the event the city council shall determine that such licensee has violated any of the provisions of this chapter, the council may, in its discretion and in addition to any judgment of the court, revoke any such license or suspend the same for a period not in excess of six (6) months, or refuse to grant a renewal of such license after the date of its expiration. (Ord. 2026-6, 5 May 2026)

4-7-6: VIOLATIONS; PENALTIES:

Any person who violates any provisions of this chapter shall, upon conviction, be guilty of a misdemeanor. (Ord. 2026-6, 5 May 2026)

4-7-7: LICENSE NONTRANSFERABLE:

No license issued under this chapter shall be transferable or assigned or used by any person other than the one to whom it was issued, and no license shall be used at any location other than the one described in the application upon which it was issued. (Ord. 2026-6, 5 May 2026)

4-7-8: REPORTS TO LAW ENFORCEMENT:

Every pawnbroker shall, in addition to maintaining the record referred to in section 4-7-4 of this chapter, keep a ticket or card system in which shall be recorded all loan or pledge transactions numerically in the order in which such transactions occur. All cards or tickets shall show the name and address of the pawnbroker and shall contain in the proper space provided therefor, the date of the transaction, the amount and terms of the loan, and the article pledged or purchased by the pawnbroker, the age, sex, color or race, height, weight of the pledger or seller. All reports are to be in the English language.

The ticket or card hereby required shall be of such size and description as may be required by the Minidoka County Sheriff. All such tickets or cards shall be made in triplicate, one copy to be retained by the pawnbroker and two (2) copies to be transmitted to the Minidoka County Sheriff’s Office. (Ord. 2026-6, 5 May 2026)

4-7-9: MINORS AND INTOXICATED PERSONS:

No person licensed under the provisions of this chapter shall receive, or in any manner take goods, articles, or things from any person who shall appear to be or who shall be known to the pawnbroker to be under the age of eighteen (18) years or intoxicated or under the influence of any controlled substance. (Ord. 2026-6, 5 May 2026)

4-7-10: NOTICE FROM LAW ENFORCEMENT:

Whenever the Minidoka County Sheriff, or designee, shall notify the pawnbroker or secondhand dealer in writing that an item in his possession has been reported stolen, he shall not sell or permit this item to be redeemed for a period of time not to exceed thirty (30) days from the date of such notice. A copy of such notice shall be left with the pawnbroker or secondhand dealer. (Ord. 2026-6, 5 May 2026)

3-1: WATER SERVICE:

3-1-1: PURPOSE:

The purpose of this Chapter is to:

A. Establish reasonable rules and regulations for the operation of the City.

B.  Establish reasonable fees to be charged to customers receiving water service and provide fair, orderly, and efficient procedures for collection and termination of delinquent accounts.

C.  Establish a fair and equitable means of having all persons who hook into or receive direct and immediate benefit from water mains throughout the city by requiring owners to participate in the capital cost and maintenance of water mains fronting and providing benefits to properties and the general operation of the water system, including fire protection and other health and safety benefits.

D.  Establish fair and equitable charge for the actual cost of material and labor expended by the City whenever City crews install water service or do maintenance for a customer.

E.  Protect public health and welfare by maintaining quality water to the City and controlling cross-connections or other sources or potential sources of contamination to the water supply.

F.  Provide clean, efficient, and adequate water system for residents of the City. (Ord. 2026-4, 7 Apr 2026)

3-1-2: DEFINITIONS:

Certain terms used in this Chapter shall have the meanings ascribed below:

APARTMENT: Any building or portion thereof which is designed, built, rented or leased, let, or hired out to be occupied or which is occupied as the home or residence of two (2) or more families living independently of each other and doing their own cooking within the premises.

BACKFLOW: The flow other than in the intended direction of flow, of any non-potable waters, foreign liquids, gases, or any other harmful or offensive substances into the City water supply as a result of reduced or reversed pressure.

BACKFLOW PREVENTION DEVICE: A device which, when properly installed between the City water supply system and the terminus of the customer’s water line or point of ultimate use, will prevent backflow.

CITY: The City of Minidoka, Idaho.

CROSS-CONNECTION: Any physical arrangement whereby the City water system is connected with any other water supply system, sewer, drain, conduit, pool, storage reservoir, or any other source of water supply which contains or may contain contaminated water, sewage, or other waste or liquids which may be harmful to human health or which may deleteriously affect the City water supply.

CUSTOMER LINE: The pipe, valves, and fittings leading from the meter into the premises served, including the water meter attached thereto.

DIRECTOR: The City, or a duly authorized deputy, agent, employee, or representative acting under delegated authority pursuant to 3-1-6.

METER: A water meter and its enclosure, valve, and related appurtenances which measures the volume of water used by a customer of City water service. Meter includes the meter setter which allows of meter installation and replacement without disturbing the pipes.

OPEN HOSE: The use of water through a hose without a nozzle or other pressure limiting device.

SERVICE LINE: The water pipe, valves, and fittings laid from the main to the meter.

SINGLE FAMILY DWELLING: All structures, except hotels, motels, rooming houses and apartments, which contain sleeping, restroom, cooking and dining facilities.

WATER MAIN: The publicly-owned water pipe laid in a street, road, alley, or easement conveying water for City water service. (Ord. 2026-4, 7 Apr 2026; Ord. 2026-5, 5 May 2026)

3-1-3: EXCLUSIVE OWNERSHIP, MANAGEMENT, AND CONTROL:

A.  The City shall have exclusive ownership, management, and control of the City water system and shall have exclusive ownership, management, and control of the supply and distribution of water to the inhabitants of the City. The City may make such rules and regulations as are necessary for the complete management, control, distribution, and supply of water within and without the City. Water shall not be resold or distributed outside the City without express permission of the City.

B.  All houses, buildings, or properties within City limits used for residential, commercial, industrial, governmental, recreational, or any other purpose shall connect such facilities to a public or private water source.

C.  New houses, buildings, or properties within three hundred feet (300′) shall connect to and use water from public system. No building permit shall be issued until evidence is submitted that the owner has obtained a permit to construct a private water supply or connect to a public water system. New subdivisions shall connect to public water system for each lot of a subdivision within one-half (1/2) mile of a public water line.

D.  All existing houses, buildings, or properties served by a private water supply shall abandon the private water supply and connect to the public water system when:

1. public water is available within three hundred feet (300′) of the property and

2. any of the following conditions occur:

a. the private supply becomes polluted or contaminated;

b. the private supply requires a permit for any repair, upgrade, or modification; or

c. the State of Idaho, or any other agency of competent jurisdiction orders connection to a public water system.

Disconnection of a private supply shall be inspected and approved by the City. Cross-connection is not permitted.

E.  Once connected to the City water system, it shall be unlawful to disconnect.

F.  Notwithstanding the foregoing, the use of the City water supply as a primary source of irrigation in new development is prohibited and use of the irrigation system or irrigation water is required. (Ord. 2026-4, 7 Apr 2026; Ord. 2026-5, 5 May 2026)

3-1-4: GRANTING OF FRANCHISE PROHIBITED:

No person shall be granted any franchise or permit to furnish or supply any inhabitant within the City any water for domestic or culinary use or for sprinkling of lawns and gardens within any portion thereof where the water mains have been extended or may hereafter be extended so as to supply said property with water. (Ord. 2026-4, 7 Apr 2026)

3-1-5: CITY NOT LIABLE FOR DAMAGES:

The City shall not be liable for damages caused by interruptions of water supply, scarcity of water, accidents to water works or mains, or during the time of alterations, additions, or repairs or for any other unavoidable causes. Nothing herein is intended to create any private duty to any customer or create a private right of action against the City on account of any failure by the City or its officers, agents, or employees to provide water service or comply with the provisions of this Chapter. (Ord. 2026-4, 7 Apr 2026)

3-1-6: DUTIES OF DIVISION HEAD: 

The Mayor shall supervise and manage the Water Division, including all supply and distribution lines, wells, pumps, storage, and fire hydrant facilities. Any powers granted to or duties imposed may be delegated to other City personnel within the City. (Ord. 2026-4, 7 Apr 2026)

3-1-7: RIGHT TO TURN OFF WATER:

The Mayor may turn off water within the City water system as a whole, a portion, or single user when deemed necessary to maintain or repair the water system or when ordered to do so by the Mayor or Council. (Ord. 2026-4, 7 Apr 2026)

3-1-8: WASTE PROHIBITED:

It shall be unlawful for any water user to waste water or allow it to be wasted by improper use or by faulty facilities. (Ord. 2026-4, 7 Apr 2026)

3-1-9: MAYOR MAY LIMIT USE OF WATER:
In times of, or in anticipation of, scarcity of water, or when the City is unable to furnish a sufficient supply of water, the Mayor may, by public proclamation, and approved by Council, limit the use of water to such extent as may be necessary for the public good. Such proclamation shall be published in two (2) consecutive issues of the official newspaper, on the city website, and after such publication, the proclamation shall have the same force and effect as a City ordinance. Such proclamation shall have a sunset date not beyond the reasonable expected length of duration of scarcity, not beyond six (6) months. (Ord. 2026-4, 7 Apr 2026)

3-1-10: INSPECTION OF PREMISES:

Free access for inspection of Service or Customer Lines shall, upon such reasonable notice as the circumstances permit, be allowed to the City of all places supplied with water from the City water system. Inspections inside any buildings, structures, premises, or improvements shall be by consent of the customer only, including those under 3-1-40. Failure to consent to a legitimate and reasonable request may provide reason for City to turn off all utilities to the premises. City shall have the right to enter the facilities of any Customer to ascertain whether the purposes of this Chapter are being met and whether Customer is complying with all requirements thereof. Customers shall allow the Director ready access to all parts of the premises for the purposes of inspection, sampling, records examination and copying, and the performance of any additional duties.

A.   Where a Customer has security measures in force which require proper identification and clearance before entry into its premises, the Customer shall make necessary arrangements with its security guards so that, upon presentation of suitable identification, the Director will be permitted to enter without delay for the purposes of performing specific responsibilities.

B.   The Director shall have the right to set up on the Customer’s property, or require installation of, such devices as are necessary to conduct sampling or metering of the Customer’s operations.

C.   Any temporary or permanent obstruction to safe and easy access to the facility to be inspected or sampled shall be promptly removed by the Customer at the written or verbal request of the Director and shall not be replaced. The costs of clearing such access shall be borne by the Customer.

D.   Unreasonable delays in allowing the Director access to the Customer’s premises shall be a violation of this Chapter. (Ord. 2026-4, 7 Apr 2026)

3-1-11:  PERMITS AND SERVICE CONNECTION FEES:

It shall be unlawful to install, alter, or connect any water service within the City to any water line within the City without first obtaining a permit from the City and paying the service connection fees set forth in this Chapter. (Ord. 2026-4, 7 Apr 2026)

3-1-12: EXTENSION OF WATER MAINS WITHIN CITY:

The Mayor or the Council may extend water mains within the City at City’s expense whenever, in their sole discretion, such extension is necessary for the health, welfare, or safety of the residents of the City, provided however nothing herein shall require that such extension be made entirely at City expense. The City may require any customer desiring water service to install at the customer’s expense, or a portion thereof, a water main along, or a part of, the entire frontage of such customer’s property. The City may also require the customer to submit design drawings and specifications prior to the commencement of the construction of such extension. (Ord. 2026-4, 7 Apr 2026)

3-1-13: EXTENSION OF WATER MAINS OUTSIDE CITY:

Water mains shall not, without the approval of the Council be extended outside the corporate limits of the City, unless adequate excess water is available for such service. City reserves the right to terminate such service without cause at any time upon at least thirty (30) days advance written notice. (Ord. 2026-4, 7 Apr 2026)

3-1-14: WATER SYSTEM CONNECTION FEES:

A.  Purpose. The purpose of this Section is to establish an equitable system of charging new customers for the effect, impact, or burden created whenever they enlarge an existing water service or connect a new water service to the existing wells, storage tanks, pumps, outbuildings, or appurtenances of the City water system. The City recognizes the inherent inequity of requiring existing customers or taxpayers to bear the entire cost of acquiring or building new facilities, or of utilizing excess capacity with existing facilities, in order to meet the needs of such new development. The Council hereby finds and recognizes the relationship between the nature of the uses of property and the impact thereof upon the City water system. The Council also finds that customers who connect to a water main located adjacent to their property receive a direct benefit from such water mains, including fire protection, which benefits are directly proportional to the frontage of the water main along their property. The Council further finds that it is fair and equitable to charge a main connection fee to customers who connect to such mains in order to fund a portion of the cost incurred by the City in installing such mains.

B.  Water System Connection Fees. A water system connection fee shall be collected from any person requesting connection to the water system for any new or existing building or structure or for any existing building for which a change in occupancy or use, as defined under the International Building Code, as currently adopted by the City, is made and for which a new or larger water service line is installed. Notwithstanding the foregoing, no system connection fee shall be charged for connection of water service solely for fire protection services. Such system connection fee shall be in an amount set from time to time by Resolution of the Council.

C.  Water Main Connection Charge. Before connecting to any water main, all persons desiring such connection shall pay a water main connection fee in an amount based upon the estimated costs of connection depending on the length, property characteristics, and needs. If costs exceed the estimate, City shall recover the excess from the customer by billing. Any amounts recovered that exceed the actual cost shall be refunded to customer. All water mains within the City shall be deemed to have been constructed in whole or in part at City expense. (Ord. 2026-4, 7 Apr 2026)

3-1-15: INSTALLATION CHARGES:

Service lines between the main line and the meter shall be installed by the City. Customer lines should be installed by the customer at their cost. Such installation shall comply with City standards with inspection and approval by the City before use. (Ord. 2026-4, 7 Apr 2026)

3-1-16: LENGTH OF SERVICE LINE:

Where a water main is located in a public right of way, the maximum length of service line furnished and installed by the City for the standard installation fee set forth above shall be fifty feet (50′). Where the main is on private property, the maximum length of service line furnished and installed by the City for the standard installation fee shall be thirty feet (30′). If the length of the service line exceeds the maximums stated above, an additional charge shall be made, based on the actual cost to the City to furnish and install the extra pipe. (Ord. 2026-4, 7 Apr 2026)

3-1-17: OWNERSHIP, MAINTENANCE, AND CONTROL OF SERVICE LINE:

All service lines and connections from the main to and including the meter shall be installed, owned, maintained, and exclusively controlled by the City. (Ord. 2026-4, 7 Apr 2026)

3-1-18: ARRANGEMENT OF SERVICE LINE PIPES:

The service lines must be so arranged that the water supply to each building, place of business, or tract of land shall be controlled by a separate meter placed near the property line, unless a different arrangement is first authorized in writing by the City. (Ord. 2026-4, 7 Apr 2026)

3-1-19: BRANCH SERVICE:

A.  No service connection serving more than one customer shall be made, except with written permission granted by City only for good cause. Such permission may only be granted where exists common ownership of the multiple connections and billing is made to that owner, not any tenants or other parties in possession of the property. If common ownership is terminated, then each connection must be separately connected.

B.  Where an existing water service provides service to several customers without written permission, the City may provide a 45 day notice that City will terminate water service until separate service connections are provided at the owner’s expense. If the City permits such existing services to continue, the established base rate shall be charged for each potential individual customer receiving service from the existing line and an additional pro rata portion for usage for each customer. (Ord. 2026-4, 7 Apr 2026)

3-1-20: PERMIT REQUIRED:

No person shall dig into the streets or under the sidewalk for the purpose of laying, removing, or repairing any customer line without first obtaining a permit with at least 24-hour notice having been given to City Clerk. Such permit will only be granted after existing utility lines are previously clearly marked. (Ord. 2026-4, 7 Apr 2026)

3-1-21: CUSTOMER LINE MAINTENANCE:

All water users shall at their own expense keep their customer lines, connections, and other apparatus in good repair and in a condition that avoids waste of water. (Ord. 2026-4, 7 Apr 2026)

3-1-22: PERMIT TO DO PLUMBING:

No plumber or other person shall make any connections to a City water main or service line. No plumber or other person shall make alterations in any conduit, pipe, or other fixture connecting to the City mains or service lies, or connect pipes, without first obtaining a plumbing permit, if required. If a permit was required, all such work shall be inspected and approved before service is restored. If such work requires excavation within a public right of way, such person shall notify the City and also obtain a plumbing permit. (Ord. 2026-4, 7 Apr 2026)

3-1-23: SERVICE CALL CHARGE:

The City may assess and collect a service charge, in an amount not to exceed the actual cost to the City, for service calls which are requested on a weekend, a legal holiday, or during a time other than normal working hours and which are only for the convenience and benefit of the customer, or which are necessitated because of plumbing which does not meet the requirements of the Idaho State Plumbing Code. (Ord. 2026-4, 7 Apr 2026; Ord. 2026-5, 5 May 2026)

3-1-24: TAMPERING UNLAWFUL:

It shall be unlawful to damage, adjust, or tamper with any portion of the City Water System or appurtenances, whether located upon public or private property, without having first obtained the express permission of the City. If any person damages the water system or in any way causes the City to expend costs as a result of such unlawful acts, the City may assess and collect the same from the person committing the same, or from the parent or guardian of any minor who commits such acts. City may also make a criminal report. Such amounts may be included upon the customer’s regular monthly billing statement for water service, and upon the customer’s failure or refusal to pay the same, water service may be terminated in accordance with the procedures set forth in this Chapter. (Ord. 2026-4, 7 Apr 2026)

3-1-25: AUTHORITY TO PLACE METER:

The City may, in their sole discretion, place a meter on any service line and change the method of billing from a flat rate to a metered rate. (Ord. 2026-4, 7 Apr 2026)

3-1-26: OWNERSHIP OF METERS:

All water meters installed or accepted by the City shall remain the property of the City and may be removed or replaced by the City at any time. (Ord. 2026-4, 7 Apr 2026)

3-1-27: MAINTENANCE OF METERS:

The City shall maintain and repair all meters. Where replacement, repair, or adjustment of any meter is rendered necessary by the act, neglect, or carelessness of the owner or occupant of any premises, any expense incurred by the City thereby shall be charged against and collected from the customer, and water service may be discontinued until the meter is repaired, replaced, or adjusted. (Ord. 2026-4, 7 Apr 2026)

3-1-28: METER LOCATION AND ACCESS:

Meters shall be located near the customer’s property line. No meter shall be located within a structure without written consent of the City and access by the City at all times. The customer shall keep the area adjacent to the meter free from trees, shrubbery or other obstructions and shall allow the City access to the meter during normal working hours. (Ord. 2026-4, 7 Apr 2026)

3-1-29: BILLING PERIODS:

Billing periods for domestic water service shall be governed by 3-7-1. (Ord. 2026-4, 7 Apr 2026; Ord. 2026-5, 5 May 2026)

3-1-30: BILLING, COLLECTION, AND TERMINATION OF UTILITY SERVICE:

Billing, collection, and termination for utility service shall be processed pursuant to the City billing, collection, and termination policy established under Title 3 Chapter 7.

A deposit shall be required of all new water service account holders as security for payment. The deposit amount shall be set by Resolution of the City Council from time to time and maintained in the current Rate Resolution on file with the Clerk. All deposit mechanics, including application of deposits against delinquent balances, return of deposits, and damage offsets, shall be governed by 3-7-3 of this code. (Ord. 2026-4, 7 Apr 2026; Ord. 2026-5, 5 May 2026)

3-1-31: WATER USER SERVICE CHARGE:

A.  A monthly service charge for water service shall be charged to all customers on a monthly basis. All charges to customers, shall be calculated in a manner that ensures each customer will pay a fair share of the costs of operation, maintenance, and capital equipment replacement based upon proportional usage of the water system. The rates established shall generate sufficient revenue to defray the costs of operating and prudently managing the water system, including but not limited to: (a) capital costs; (b) operation and maintenance costs; (c) replacement costs and reserves, and (d) debt service on bonded indebtedness. Premises occupied for any portion of a month shall be charged a pro rata portion of the month.

B.  For billing purposes, water users shall be classified and billed as Residential, Commercial, and Industrial.

C.  City shall establish monthly rates for water service supplied by City in an amount set from time to time by Resolution of the Council for the following:

1.  Monthly Non-Metered Residential Water Rates (Inside City):

a.  Single-family dwellings and mobile homes (excluding separate apartment units within such dwelling) – Per dwelling or unit;

b.  Duplex/Triplex – Per dwelling or unit;

c.  Apartment unit – Per unit.

2.  Monthly Non-Metered Commercial Water Rates (Inside City) and commercial rate categories to which business are assigned shall be established and may be amended from time to time by Resolution of the Council

3.  Monthly Non-metered School Water Rate (Inside City) including rates for schools, churches, and similar uses, shall be established by Resolution of the Council.

4.  All other businesses or uses not expressly categorized by Council Resolution based on anticipated interior water consumption and comparable use characteristics shall be assigned by the Director to the most appropriate existing category.

5.  Monthly Metered Water Rates. The water for customers receiving metered water service shall be a monthly base metered water of three thousand (3,000) gallons plus a monthly volumetric rate per each one thousand (1,000) gallons of water used; in an amount set from time to time by Resolution of the Council. Each class of Residential, Commercial, and Industrial shall have separate rates. Users outside the City shall have a separate rate as set by Resolution of the Council.

a.  New installations without sufficient metered data shall be charged as non-metered water as defined above until such time that sufficient metered data is available. (Ord. 2026-4, 7 Apr 2026; Ord. 2026-5, 5 May 2026)

3-1-32: WATER RATES OUTSIDE CITY:

Monthly rates charged for water furnished outside the City limits, whether metered or non-metered, shall be as set by Resolution, including a base rate and usage rate. (Ord. 2026-4, 7 Apr 2026)

3-1-33: METER RATES FOR MULTIPLE METERS:

Where an individual consumer is supplied with water through more than one (1) metered service, charges shall be computed separately for each individual meter. (Ord. 2026-4, 7 Apr 2026)

3-1-34: SERVICE OUTSIDE CITY:

The City shall not provide any water service to any consumer whose residence or place of business is outside the corporate limits of the City unless a written service contract and consent to annexation has been executed between the consumer and the City. All services must comply with all other requirements of the City. (Ord. 2026-4, 7 Apr 2026)

3-1-35: FIRE SERVICE CONNECTION:

All fire service connections between water mains and property lines shall be installed and maintained by the City, at the expense of the owner or occupant of the premises served, and shall be the property of the City. At the time of making application for service, the applicant shall file with the City detailed plans, produced by a registered design professional, showing all piping installed or to be installed for fire protection, all fire gates, automatic sprinklers, and all other outlets, gates, or appurtenances. Each fire service connection shall have a gate valve with an adequate valve box installed between the main and the property line of the premises served. No fire service connection larger than six inches (6″) shall be installed without special permission from the Council. Upon receipt of such application and submissions by a registered design professional, the Mayor shall determine the cost for the installation of such service, taking into consideration the length and size of pipe, condition of street and sidewalk, all relative to the character of service, and such cost shall be paid by the applicant before such installation is made. No customer receiving metered water service shall use a fire service connection for domestic purposes or any purpose other than for fire protection. If the Mayor finds a fire connection is being used for any purpose other than for fire protection upon the premises, the owner or occupant shall be notified and if such improper conditions are not corrected within ten (10) days, water service to the entire premises may be terminated until proper adjustments are made. Such shall constitute theft of services. (Ord. 2026-4, 7 Apr 2026)

3-1-36: FIRE HYDRANTS:

All public fire hydrants shall be maintained by the City and be kept accessible at all times. Members of the Fire Protection District shall also have free access to such hydrants. No other person shall draw or attempt to draw any water from a fire hydrant unless the person has written permission of the City and comply with any requirements for such use. The Mayor may assess an equitable charge for the consumption or use of water drawn from a fire hydrant. (Ord. 2026-4, 7 Apr 2026)

3-1-37: UNLAWFUL CONTAMINATION OR CROSS-CONNECTIONS:

It shall be unlawful for the owner, tenant, occupant, lessee, or other user of City water to introduce or permit the introduction of pollution or contamination of any kind into the City water supply system. It shall be unlawful for any person to install or maintain any cross-connection within the City. (Ord. 2026-4, 7 Apr 2026)

3-1-38: BACKFLOW PREVENTION DEVICES:

A.  Backflow prevention devices shall be installed by the proper owner, tenant, occupant, lessee, or other user of City water where the nature and extent of the activities conducted or the materials used or stored on the premises would present a hazard to the public health or be deleterious to the quality of the City water supply should a cross-connection occur. Even though cross-connections may not exist at the time, backflow prevention devices shall be installed under circumstances including, but not limited to the following:

1.  Premises having an auxiliary water supply;

2.  Premises having internal cross-connections that are not correctable, or having intricate plumbing arrangements which make it impracticable to ascertain whether or not cross-connections exist;

3.  Premises where entry is restricted so that inspections for cross-connections cannot reasonably be made;

4.  Premises having a history of cross-connections being established or re-established;

5.  Premises on which any substance is handled under pressure so as to permit the potential entry of substance into the public water supply;

6.  Premises having pumps or devices which may affect the pressure within any line connected to the City water supply;

7.  Whenever water is drawn from a public fire hydrant.

B.  All backflow prevention devices shall be installed by the property owner at the owner’s expense, and shall be of a type commensurate with the degree of hazard which exists or which could exist. An air-gap separation or a reduced pressure principle backflow prevention device shall be installed where the public water supply may be contaminated with sewage, industrial waste of a toxic nature, or other contaminant which could cause a public health hazard. In all other cases where the contaminant may be objectionable but not hazardous to the public health, a double check valve assembly, an air-gap separation, or a reduced pressure principle backflow prevention device shall be installed. All backflow prevention devices and the installation thereof shall be approved by the City Water Department Head or duly authorized representative.

C.  All backflow prevention devices installed pursuant to this Chapter, except atmospheric vacuum breakers, shall be inspected and tested by a certified tester at the time of initial installation and annually thereafter, or more often if deemed necessary by the City. Whenever a backflow prevention device is found to be defective, it shall be repaired, overhauled, or replaced at the owner’s expense. The City Water Department Head shall retain adequate records of all inspections, tests, or repairs made pursuant to this Chapter.

D.  If a backflow prevention device is found to be necessary, the owner, tenant, occupant, or lessee of the property shall apply in writing to the Clerk for an installation permit, specifying the type and location of such device or devices. It shall be unlawful to install, relocate, or remove a backflow prevention device without a permit. (Ord. 2026-4, 7 Apr 2026)

3-1-39: INSPECTION OF NEW CONNECTION:

No building, improvement, or other structure shall be connected to the City water supply unless such structure has been inspected by the City and found free of any cross-connections or other conditions for which a backflow prevention device is required by this Chapter. (Ord. 2026-4, 7 Apr 2026)

3-1-40: REQUIRED INSPECTION AND TERMINATION OF WATER SUPPLY:

The City shall make an inspection of any building, improvement, or structure of any nature receiving water from the City water supply if there is cause to believe that a cross-connection exists or that a backflow prevention device should be installed pursuant to this Chapter. Whenever a cross-connection or other source of contamination to the water supply is found, or it is determined that a backflow prevention device is necessary, the City shall cease delivery of water to such premises and the water supply shall not be resumed until the cross-connection or source of contamination is eliminated or a backflow prevention device has been installed in accordance with this Chapter. (Ord. 2026-4, 7 Apr 2026)

3-1-41: PENALTIES:
It shall be unlawful for any person to violate any provision of this chapter or tamper with, alter, or injure any part of the city waterworks or water supply system, any meter, or any shutoff box. It shall be unlawful to steal services. Any violation of this chapter shall be punishable as a misdemeanor. (Ord. 2026-4, 7 Apr 2026)

3-2: RESERVED:

3-3: ELECTRICAL SERVICE:

3-3-1: PURPOSE:

The purpose of this Chapter is to:

A.  Establish reasonable rates for consumption of electrical energy by users within the City’s electrical service area.

B.  Establish customer deposit and service contract requirements.

C.  Provide for billing, collection, and termination of electrical service accounts by cross-reference to Chapter 7. 

D.  Establish connection and reconnection fee authority, also in conjunction with Chapter 7. (Ord. 2026-5, 5 May 2026)

3-3-2: DEFINITIONS:

A.  Residential User: A “residential user” for the purpose of this chapter is defined as follows:

1.  A consumer of electrical energy that is served with a single- phase (120/240 volt) electrical energy and which energy is used in dwellings which includes houses, apartments, duplexes, condominiums, trailer houses or mobile homes and in which said dwellings there is no conduct of business or commercial activities.

2.   Public services, educational, religious, fraternal, and other nonprofit organizations that use single-phase 120/240-volt energy.

B.   Commercial User: A “commercial user” of electrical energy for the purpose of this chapter is defined as follows:

1.   Any person, firm, corporation and/or organization that uses electrical energy within the service area of the city electrical system for the purpose of conducting any type of commercial activities such as retail sales, services rendered for money, manufacturing or other type of business.

2.  Any consumer of electrical power that requires 3-phase electrical energy.

C.  Industrial User: An “industrial user” of electrical energy for the purpose of this chapter is defined as follows:

Any person, corporation, firm or association that uses electrical energy within the service area of the city electrical system who demands and receives 500 kW demand or more in any one month.

D.  Irrigation User: An “irrigation user” of electrical energy for the purpose of this chapter is defined as follows:

Any person, corporation, firm or association that uses electrical energy to pump water for agricultural purposes, meaning to water crops or pastures and croplands. (Ord. 2026-4, 7 Apr 2026; Ord. 2026-5, 5 May 2026)

3-3-3: RATES:

The rates to be charged for consumption of electrical power by residential, commercial, irrigation and industrial users shall be set by resolution or by ordinance of the city council from time to time. (Ord. 2026-4, 7 Apr 2026; Ord. 2026-5, 5 May 2026)

3-3-4: RIGHTS RESERVED:

City reserves the right to require the prospective electrical energy customer to execute a service contract specifying and setting forth the obligations of the parties pursuant to the city’s electrical policy, adopted from time to time by the City council. Such contract will provide for compensation necessary to justify the City’s investment in service facilities. (Ord. 2026-4, 7 Apr 2026; Ord. 2026-5, 5 May 2026)

3-3-5: DEPOSITS:

A deposit shall be required of all new electrical service account holders as security for payment. The deposit amount shall be set by Resolution of the City Council from time to time and maintained in the current Rate Resolution on file with the Clerk. All deposit mechanics, including application of deposits against delinquent balances, return of deposits, and damage offsets, shall be governed by 3-7-3. (Ord. 2026-4, 7 Apr 2026; Ord. 2026-5, 5 May 2026)

3-3-6: MAINTENANCE OF METERS:

Owners and/or occupants of each parcel of property served by this service shall keep meters reasonably free from trees, shrubbery or other barriers or restrictions. (Ord. 2026-4, 7 Apr 2026; Ord. 2026-5, 5 May 2026)

3-3-7: BILLING, COLLECTION, AND TERMINATION:

A.  Billing, collection, and termination for electrical service shall be processed pursuant to City billing, collection, and termination policy established under Chapter 7.

B.  Fees for new electrical service connections and for reconnection shall be established by Resolution of the Council and maintained in current Rate Resolution on file with the Clerk.  No new electrical service shall be connected and no previously terminated service shall be reconnected until all applicable fees have been paid.  (Ord. 2026-5, 5 May 2026)

3-4: RESERVED:

3-5: RESERVED:

3-6: SANITATION SERVICE:

3-6-1: PURPOSE:

The purpose of this Chapter is to establish a mandatory refuse collection system for the City of Minidoka, to ensure the public health, safety, and welfare of residents and businesses by providing for regular and sanitary disposal of garbage and refuse.  This Chapter is adopted pursuant to the police power authority of the City under Idaho Code 50-301 et seq.  Billing and collection for refuse services shall be governed by Chapter 7.

3-6-2: DEFINITIONS:

For the purpose of this chapter, the following words shall have the meanings ascribed to them unless the context otherwise indicates:

COLLECTOR: The person holding a license or contract with the city and authorized to collect, handle, transport, or dispose of refuse and wastes.

DUMPSTER: A large, lidded metal or heavy-duty plastic container, typically 2 to 10 cubic yards in capacity, used for the collection of refuse from commercial, multi-family, or construction sites, and emptied by mechanical lifting equipment operated by Collector.  

GARBAGE: Shall include all putrescible waste, except sewage and body waste.

RECYCLING CONTAINER: A container designated by the City or its authorized Collector for the collection of recyclable materials separated from refuse, provided to residential or commercial customers as part of the City’s refuse collection program. 

REFUSE: Solid wastes, including garbage and rubbish.

RESIDENTIAL: Shall mean or have reference to single-family dwellings or duplexes. “Nonresidential” shall refer to all other dwellings or commercial or industrial uses.

RUBBISH: Shall mean refuse other than garbage.

WASTE: Unwanted solid, liquid or gaseous materials. (Ord. 2026-4, 7 Apr 2026; Ord. 2026-5, 5 May 2026)

3-6-3: RESPONSIBLE AUTHORITY:

The council shall be responsible for the enforcement of the provisions of this chapter. (Ord. 2026-4, 7 Apr 2026; Ord. 2026-5, 5 May 2026)

3-6-4: COMPULSORY USE OF THE SYSTEM:

Every owner and occupant of premises within the city must use the refuse collection and disposal system herein provided and shall deposit or cause to be deposited in accordance with this chapter all rubbish and garbage that is of such nature that it is perishable, or may decompose or may be scattered by wind or otherwise, which is accumulated on such premises. (Ord. 2026-4, 7 Apr 2026; Ord. 2026-5, 5 May 2026)

3-6-5: REFUSE COLLECTION:

It shall be unlawful for any person to engage in the business of collecting, transporting, hauling or conveying any refuse over the streets or alleys of the city, or to dump or dispose of the same, unless and until such person has a contract therefor as an authorized representative of the city. (Ord. 2026-4, 7 Apr 2026; Ord. 2026-5, 5 May 2026)

3-6-6: REFUSE ACCUMULATION UNLAWFUL:

It shall be unlawful for any person to permit or to suffer to accumulate in or about any yard, lot, place or premises, or upon any street, alley or sidewalk adjacent to such lot, yard, place or premises, owned or occupied by such person, any garbage or refuse as more particularly set out in section 5-3-2 of this code. (Ord. 2026-4, 7 Apr 2026; Ord. 2026-5, 5 May 2026)

3-6-7: CONTAINERS

It shall be the duty of every owner or occupant of any place where garbage or rubbish is created or accumulated to keep at all times or cause to be kept portable appurtenances consisting of approved containers for the deposit therein of rubbish and garbage and, except as otherwise provided, to dispose or cause to be disposed all rubbish and garbage therein.

Persons occupying residences within the city shall have garbage containers supplied by the city’s approved trash collection hauler.

Also, any limbs and bundles, trash, grass or other garbage or debris in plastic bags as long as said bundles or bags do not exceed seventy (70) pounds each or four feet (4′) in length may also be placed for pick up with the approved containers on the day of or the evening before regular pick up.

Businesses (nonresidential) places within the city shall have containers which are covered and reasonably airtight. (Ord. 2026-4, 7 Apr 2026; Ord. 2026-5, 5 May 2026)

3-6-8: COLLECTION AND FEE:

A.   For residential and nonresidential garbage service, collection will be at least once a week. For nonresidential service, collection may be available more often than once a week upon special prior arrangements with the city and the collector.

B.   The fee for residential and nonresidential service shall be set by resolution of the city council from time to time. (Ord. 2026-4, 7 Apr 2026; Ord. 2026-5, 5 May 2026)

3-6-9: METHOD OF PAYMENT; SANITARY FUND:

Fees shall be billed on the water or other utility or service bill and the same shall be paid with said bill. Said charges shall become delinquent in the same manner.

The proceeds from the collection of fees and charges herein provided shall be placed in a special fund or account, and all expenses of the city in the operation of the sanitary collection and disposal system shall be paid out of such fund; and any surplus remaining therein at the end of each fiscal year shall be transferred by the council to the general fund of the city. (Ord. 2026-4, 7 Apr 2026; Ord. 2026-5, 5 May 2026)

3-6-10: LICENSING AND CONTRACTING:

The council shall have sole authority to license or contract for the performance of all services pertaining to refuse collection and disposal. All rules, regulations and conduct of operations and all fees as provided for in this chapter shall be as determined and prescribed by the council. (Ord. 2026-4, 7 Apr 2026; Ord. 2026-5, 5 May 2026)

3-7: COLLECTION OF SERVICE AND UTILITY CHARGES:

3-7-1: DUE DATES FOR CHARGES FOR SERVICES AND ACCOUNTS:

All monthly charges for services or utilities set forth in this title shall be billed to the individual account for the premises to which the service is rendered. Charges as set forth in this title for utility and other services, with the exception of irrigation water as set forth in chapter 2 of this title, incurred during the monthly billing periods shall all be due and payable as of the first working day of the next succeeding month and become delinquent as of the eleventh of the said succeeding month, or the first working day thereafter if such eleventh day be a holiday. Date of payment is the date the payment is actually received at the City offices, whether by mail or otherwise.

Irrigation water, which is normally billed only on an annual basis, shall be billed on the monthly billing card and in the same manner as a monthly charge in the month in which it accrues and becomes due and payable. (Ord. 2026-4, 7 Apr 2026)

3-7-2: APPLICATION OF PAYMENT:

All payments received for services provided in this title may be applied to the following services in the following order:

1.  Electrical charges

2.  Sanitation charges

3.  Water Charges

Further, all payments in the above priority shall be applied first to the delinquent portion of any account, if any there be, and then to the currently due portion of the account before any is applied to the next account in priority.

The Clerk shall have authority to accept partial payments to apply on the balance due and shall also have authority to accept prepayments to apply against all future billings. (Ord. 2026-4, 7 Apr 2026)

3-7-3: REMEDIES OF CITY:

The City shall have and does have and does reserve to itself all civil and other remedies available to it by statute, common law, and the other remedies and procedures set forth in this title or otherwise available in this Code and otherwise to enforce collection of charges imposed in this title, all of which remedies shall be considered cumulative to the degree allowed by law.

Further, in the event of nonpayment of any sewer charge for fee set forth in chapter 5 of this title, the City may also discontinue domestic water delivery as set forth in chapter 1 of this title to such customer in order to enforce payment of such charges, even if the domestic water account with such customer is not delinquent. (Ord. 2026-4, 7 Apr 2026)

3-7-4: TERMINATION OF SERVICES:

In addition to all other remedies reserved to the City for collection of delinquent service fees and utility fees as set forth in this title, the City shall reserve and does hereby reserve the right to terminate service to a customer when the account for such service has become delinquent. (Ord. 2026-4, 7 Apr 2026)

3-7-5: RESTORATION OF SERVICE:

After a service has been terminated, service may be restored upon payment of the delinquent account in full, repayment of the electrical or any other deposit required, if applicable, and payment of the reconnection fees in advance to the City Clerk, which fees shall be set by resolution of the City Council. (Ord. 2026-4, 7 Apr 2026)

3-7-6: TAMPERING WITH METERS:

Any person who without prior authority of the City intentionally alters, tampers with or disconnects any metering device used by the City to register, measure or meter an amount of electricity, water, or other commodity or service delivered by the City to any customer or causes any such metering device to register an inaccurate reading shall be guilty of a misdemeanor. (Ord. 2026-4, 7 Apr 2026)

3-7-7: UNAUTHORIZED CONNECTION:

Any person causing initial connection of any facilities to be served by the City domestic water, irrigation water, electric or sewer systems without the required prior authorization or who, without necessary prior authority, reconnects service to any of the said systems after having been disconnected for any reason whatsoever, shall be guilty of a misdemeanor. (Ord. 2026-4, 7 Apr 2026)

3-7-8: FAULTY METERING DEVICES:

In the event that a metering device, the information from which is used to determine the amount to be paid by a City customer for a City service or utility, fails to operate or becomes faulty or does not otherwise correctly and accurately display and register the information to be displayed or registered, the City shall be entitled to charge the customer for services rendered during the period of faulty operation the average of the two (2) preceding months during which such metering device did accurately operate. This provision is applicable whether or not the customer owned the premises at that time. In the event that there is no prior history for the premises served with such service, then, in such event, the City Clerk shall make a determination as to what other three (3) premises within the City would have a similar consumption and average the consumption for the said period of time and apply that as the conclusive amount due and owing for the period of faulty operation of the metering device. (Ord. 2026-4, 7 Apr 2026)

3-7-9: PROCEDURE FOR TERMINATION OF SERVICES:

The City will follow the procedure set forth below in terminating service of utilities to a customer in the event of nonpayment:

A.  Customer accounts for utility service are delinquent if not paid in full after the tenth day of the month.

B.  The City, in its delinquency notice, shall inform the customer of the right of pretermination hearing, application for which must be made within three (3) days. The notice may be mailed or delivered to the customer. If there has not been payment in full of the delinquent account or if no application for a hearing has been made, utility service may be terminated. If application is appropriately made within the stated time period, the City will not discontinue utility service until the hearing has been convened. The hearing will be conducted in front of the City Clerk and the customer shall have the right to be represented by counsel. In the hearing, the City Clerk may deal with billing errors, failures to credit payments or other accounting matters. The City Clerk also has authority to make arrangements, in the Clerk’s discretion, for payments by the customer over time in order to restore service prior to payment in full. In making such arrangements, the City Clerk shall give consideration to the customer’s past account delinquencies, the financial abilities and resources of the customer, the commercial reasonableness of the proposal and the likelihood of such delinquency not reoccurring. Decisions adverse to the utility customer of the City may be appealed to the City Council within ten (10) days of the adverse determination of the hearing before the City Clerk. The City Clerk will provide the appropriate written applications for the hearing before the Clerk and the appeal before the City Council and will inform the utility customer of the customer’s right of appeal to the City Council in the event of adverse decision. Decisions adverse to the consumer by the City Council will also inform the consumer of the right of appeal of the decision pursuant to the Idaho State Administrative Procedures Act to the appropriate court of jurisdiction.

C.  Persons who have a past due or delinquent utility account with the City and who desire new or renewed service must pay with the deposit all of past due account balance in full in cash. In the case of residential service locations, whether single-family, multi-family, rented or owned, a utility customer with a past due account shall be deemed to be all adults who were residing in the household of the former location where the delinquent utility service was provided. This shall be irrespective whether the account was in the name of such person or not. The customer receiving the new service shall be deemed to be all of the adults in the household to receive the service irrespective of who applies for the service. The applicant for new service shall give the names of all adult persons who reside at the new service location or are anticipated to reside at the location as a condition of service. The applicant shall expressly identify all adults who have a past due or delinquent utility account with the City on the application for new service. If an applicant has changed his or her or their names for any reason and has a past due or delinquent account with the City, such shall be divulged at the time of application. It shall be considered prima facie evidence of fraud or deception on an application for utility service to give a false name, apply in the name of another person, fail to give former names, fail to identify all adults who will reside at the location of the new service, fail to identify all persons who reside or will reside at the service location who have past due or delinquent utility accounts with the city, or to apply for service in the name of a minor. The obtaining of utility service by fraud or deception as herein defined shall be punishable as a misdemeanor.

D.  The city shall not deny or discontinue service of any utility prior to any requested hearing before the city clerk. The city may, in its discretion, continue service in the event of appeal to the city council. However, in the case of denying service initially where no service has been delivered for good cause, the city is not required to provide any service during the hearing pendency. The city shall honor hearing requests as soon as possible giving expeditious calendaring to all hearing requests. (Ord. 2026-4, 7 Apr 2026)

3-7-10: LATE PAYMENT FEE:

Commencing sixteen (16) days after the first day of the month there shall be imposed a one-time late payment fee of ten percent (10%) of the then balance due on all residential and commercial utility and service account billings with a minimum fee of two dollars fifty cents ($2.50) per month. Also, interest at the rate of 1.75 percent per month on the unpaid balance shall be charged commencing thirty (30) days after the mailing of the utility billing. These provisions are in addition to any other remedies of the city including the termination of service. For purposes of this section, utility and service accounts shall include: domestic water, irrigation water, sewer, electricity, and garbage collection. Such one time late penalty shall be applied each month to any newly past due amount on any utility account for which a one time ten percent (10%) late penalty has not yet been assessed. (Ord. 2026-4, 7 Apr 2026)

3-7-11: TERMINATION OF SERVICE TO DECEASED UTILITY CUSTOMERS:

Thirty (30) days after the death of a utility customer of the city, the utility account or accounts shall be closed and service, pursuant to that account or accounts, shall be terminated, except as follows:

A.  The estate, personal representative or heir may apply to the city to have the accounts transferred into the name of the estate, personal representative or heir upon completing the application for new service and payment of the required new service deposit.

B.  In any event, service may not be provided to the estate or personal representative of the deceased account holder for more than six (6) months from the utility account holder’s death, at which time the account must be transferred into the name of an appropriate successor in interest.

C.  The estate, personal representative or heir may apply to the city council upon appropriate showing of hardship.

D.  These provisions shall not apply when there is a surviving spouse to the utility account holder, as long as the said surviving spouse applies to have the account transferred into his or her name. Such transfer may be accomplished without payment of a new deposit. (Ord. 2026-4, 7 Apr 2026)