5-1: FIREWORKS:

5-1-1: DEFINITIONS:

FIREWORKS:  Includes blank cartridges, toy pistols, toy cannons, toy canes or toy guns in which explosives are used, fire balloons (balloons of a type which have burning material of any kind attached thereto or which require fire underneath to propel them), firecrackers, torpedoes, skyrockets, rockets, Roman candles, fountain wheels, dago bombs, sparklers, and other fireworks of like construction and any fireworks containing any combustible or explosive substance for the purpose of producing a visible or audible effect by combustion, deflagration, explosion or detonation.

Exempted from this part are all toy pistols, toy cannons, toy canes and toy guns and similar devices such as party poppers or party favors in which paper caps containing not more than twenty five hundredths (0.25) grain of explosive compound per cap are used and such caps whether single, roll or tape type. Also exempted are signal devices or flares normally and commonly used by motor vehicles, railroads and law enforcement officers for current daily or emergency signaling purposes. (Ord. 2026-7, 2 June 2026)

5-1-2: DANGEROUS FIREWORKS:

“Dangerous fireworks” include any of the following:

A.  Firecrackers, cannon crackers, giant crackers, salutes, silver tube salutes, cherry bombs, mines, ground bombardment, grasshoppers and other explosive articles of similar nature;

B.  Blank cartridges;

C.  Skyrockets and rockets, including all similar devices employing any combustible or explosive material and which rise in the air during discharge;

D.  Roman candles, including all devices which discharge balls of fire into the air;

E.  Chasers and whistles, including all devices which dart or travel about the surface of the ground during discharge;

F.  Snakes and hats containing bichloride of mercury;

G.  Sparklers more than ten inches (10″) in length or one-quarter inch (1/4″) in diameter or made with other than iron wires;

H.  All articles for pyrotechnic display such as aerial shells, salutes, flash shells, sky battles, parachute shells, mines, dago bombs and similar devices;

I.  All torpedoes which explode by means of friction or which contain arsenic, and all other similar fireworks devices including cracker balls;

J.  Fire balloons or balloons of any type which have burning material of any kind attached thereto;

K.  All other fireworks, explosive devices or combustible material used for display or amusement which are not enumerated in section 5-1-3 of this chapter. (Ord. 2026-7, 2 June 2026)

5-1-3: SAFE AND SANE FIREWORKS:

“Safe and sane fireworks” include any of the following:

A.  Cone fountains with pyrotechnic composition not exceeding fifty grams (50 g) each;

B.  Cylindrical fountains, whether base, spike or handle, with pyrotechnic composition not exceeding seventy five grams (75 g) each and inside tube diameter not exceeding three-quarters inch (3/4″);

C.  Sparklers and “dipped stocks” not more than ten inches (10″) in length or one-quarter inch (1/4″) in diameter made of steel or iron wire and zuzuki and morning glories with pyrotechnic composition not exceeding four grams (4 g) each;

D.  Snakes which do not contain bichloride of mercury and pyrotechnic composition not exceeding two grams (2 g) each;

E.  Wheels with pyrotechnic composition not exceeding sixty (60) grains for each driver unit or two hundred forty (240) grains for each complete wheel. The inside tube diameter of driver unit shall not exceed one-half inch (1/2″);

F.  Whistles, without report and which do not dart or travel about the ground during discharge with pyrotechnic composition not exceeding six grams (6 g) and containing no picric or gallic acid. (Ord. 2026-7, 2 June 2026)

5-1-4: DANGEROUS FIREWORKS PERMIT:

It shall be unlawful for any person in the city to import, export, offer for sale, sell, possess, keep or store or permit the keeping or storing of any dangerous fireworks for any use or purpose, except that a person holding a dangerous fireworks permit issued pursuant to the terms and conditions of this chapter may use dangerous fireworks for a safely supervised and conducted public display of fireworks, and said fireworks may be stored for a period not exceeding four (4) days immediately preceding the date of said public display, provided the fireworks are to be used exclusively for the public display. (Ord. 2026-7, 2 June 2026)

5-1-5: SAFE AND SANE FIREWORKS PERMIT:

No person, without having a valid safe and sane fireworks permit issued pursuant to terms and conditions set forth in this chapter, shall import, export, possess for the purpose of sale, offer for sale or sell any safe and sane fireworks for any use or purpose. (Ord. 2026-7, 2 June 2026)

5-1-6: APPLICATION FOR SALE OF SAFE AND SANE FIREWORKS PERMIT:

Any reputable person in reasonable pursuit or furtherance of any legitimate personal, business or charitable purpose, desiring to engage in the sale of safe and sane fireworks within the city shall first make written application to the clerk for a safe and sane fireworks permit. Each applicant shall pay to the clerk a fee as set by resolution of the city council at the time he files his application. In the event no safe and sane fireworks permit is issued by the city by June 15 in the year during which the application is made, the clerk shall refund the application fee. Application for the permit shall be made no later than June 1 of each year. (Ord. 2026-7, 2 June 2026)

5-1-7: APPLICATION FOR DANGEROUS FIREWORKS PERMIT:

Any reputable person in reasonable pursuit or furtherance of any legitimate personal, business or charitable purpose, desiring to make a public display of dangerous fireworks shall first make written application to the clerk for a dangerous fireworks permit. Each applicant shall pay to the clerk a fee as set by resolution of the city council at the time he files his application. In the event no dangerous fireworks permit is issued by the city within sixty (60) days after the application is made, the clerk shall refund the application fee. (Ord. 2026-7, 2 June 2026)

5-1-8: CONTENTS OF APPLICATION:

Each applicant for a safe and sane fireworks permit or a dangerous fireworks permit shall file his application with the clerk. Each application shall show the following:

A.  Name and address of applicant;

B.  The purpose for which the applicant is primarily existing and for which it was organized.

C.  The names and addresses of the officers, trustees and/or directors, if any, of the applicant;

D.  The location where the applicant requests permission to sell safe and sane fireworks or display dangerous fireworks;

E.  When and where the applicant was organized and established, or, if a natural person, the applicant’s age;

F.  The location of the applicant’s principal and permanent meeting place or places, or principal place or places of business;

G.  The applicant’s state sales tax permit number;

H.  If the applicant is an entity other than a sole proprietorship, the name and a general description of the business activities of each parent or subsidiary company, business or entity, and a general description of the ownership organization of each parent or subsidiary, if any;

I.  Such other information as the clerk may require on a standard form submitted to all applicants and which is reasonably necessary to protect the public health, safety and morals. (Ord. 2026-7, 2 June 2026)

5-1-9: INVESTIGATION:

The clerk shall cause an investigation to be made of each application and applicant and shall submit a written report of his findings and recommendations for or against the issuance of the permit, together with his reasons therefor, to the council. (Ord. 2026-7, 2 June 2026)

5-1-10: COUNCIL POWERS:

The council shall have the power in its discretion to grant or deny any application, subject to such reasonable conditions, if any, as it shall prescribe so long as the denial of the application or any conditions imposed on the granting of the application are reasonably necessary for protection of the public health, safety and morals. The council may delegate the power to approve or disapprove applications. (Ord. 2026-7, 2 June 2026)

5-1-11: VALIDITY; TERM:

A safe and sane fireworks permit or a dangerous fireworks permit issued pursuant to this chapter shall be valid only within the calendar year in which issued. A permit shall be valid only for the specific premises or location designated in the permit. However, subject to reasonable conditions necessary for protection of the public health, safety and morals, an applicant may be granted permits for more than one site or location within the city. No permit shall be transferable or assignable. (Ord. 2026-7, 2 June 2026)

5-1-12: LIABILITY AND LIABILITY INSURANCE REQUIRED:

Each applicant for a safe and sane fireworks permit or a dangerous fireworks permit shall have filed with the clerk prior to the issuance and validity of any permit, a policy or a certified true copy thereof, or public liability and products insurance, including both accident and occurrence coverage. The insurance coverage limits shall be at least five hundred thousand dollars ($500,000.00) per person per occurrence bodily injury, five hundred thousand dollars ($500,000.00) per occurrence aggregate bodily injury, and five hundred thousand dollars ($500,000.00) per occurrence aggregate property damage. Each policy shall name as insured parties the city, all officials of the city in performance of official functions, and licensee or licensor of the applicant, and all vendors of the fireworks. Said policy shall be so written that it cannot be canceled without at least ten (10) days’ prior written notice to the city. In any event, each permittee does irrevocably covenant to save and hold the city harmless from any claim, demand, damage, suit or action with respect to the licensee’s handling, sale or use of fireworks, whatsoever. (Ord. 2026-7, 2 June 2026)

5-1-13: SALE PERIOD RESTRICTED:

No safe and sane fireworks shall be sold or offered for sale except from twelve o’clock (12:00) noon on June 1 to twelve o’clock (12:00) midnight on July 15 of each year. (Ord. 2026-7, 2 June 2026)

5-1-14: TEMPORARY FIREWORKS STANDS:

Temporary fireworks stands from which safe and sane fireworks are to be sold shall be subject to the following provisions:

A.  The stand shall not be located within twenty five feet (25′) of any other building nor within one hundred feet (100′) of any gasoline station or flammable liquid dispensing device or installation.

B.  All such stands shall meet the structural stability requirements of the building regulations of the city and all lighting circuits and other electrical equipment shall meet the requirements of the electrical regulations of the city.

C.  The stand shall have exit doors at least thirty inches (30″) wide at both ends of the structure and one additional door for each twenty five feet (25′) of rear wall in excess of twenty five feet (25′). All doors shall open outward from the stand and all doorways shall be kept free and clear from all supplies and materials at all times.

D.  Each stand shall be provided with a minimum of two (2) approved fire extinguishers, in good working order and easily accessible for use in case of fire.

E.  There shall be at least one supervisor, twenty one (21) years of age or older, on duty at all times. No person under sixteen (16) years of age shall work at or about any stand where safe and sane fireworks are sold or offered for sale.

F.  No person employed as a watchman shall be permitted to remain inside of any stand when it is not open for business.

G.  “No smoking” signs shall be prominently displayed both inside and outside of stand. No smoking shall be permitted within the stand or within fifteen feet (15′) of the stand.

H.  No temporary stand shall be erected before June 1 of any year. The premises shall be cleared of all structures and debris not later than twelve o’clock (12:00) noon of July 26.

I.  No fireworks shall be discharged in or within twenty five feet (25′) of any fireworks stand.

J.  No person shall allow any rubbish to accumulate in or around any fireworks stand or permit a fire nuisance to exist.

K.  No stand shall have a floor area in excess of seven hundred fifty (750) square feet. (Ord. 2026-7, 2 June 2026)

5-1-15: SALE FROM PERMANENT STRUCTURES:

Permanent business structures from which safe and sane fireworks are to be sold shall be subject to the following provisions:

A.  All such buildings shall meet the structural stability requirements of the building regulations of the city and all lighting circuits and other electrical equipment shall meet the requirements of the electrical regulations of the city.

B.  The building shall have exit doors at least thirty inches (30″) wide at both ends of the structure. All doors shall open outward and all doorways shall be kept free and clear from all supplies and materials at all times.

C.  Each building shall be provided with not less than two (2) approved fire extinguishers, in good working order and easily accessible for use in case of fire, as approved by the Minidoka County Fire Protection District Chief.

D.  “NO SMOKING” signs shall be prominently displayed adjacent to the display area. Smoking shall not be permitted within fifteen feet (15′) of any fireworks.

E.  No person shall allow any rubbish to accumulate, or permit a fire nuisance to exist in or around the area where fireworks are sold.

F.  If fireworks are stored, they shall only be stored in such places as are approved for storage of fireworks by the Minidoka County Fire Protection District Chief.

G.  No building where alcoholic beverages are sold for consumption on the premises shall be used for the retail sale of safe and sane fireworks.

H.  The Minidoka County Fire Protection District Chief may establish other regulations for permanent structures where fireworks are to be sold so long as said regulations are reasonably necessary to protect the public health, safety and morals and apply uniformly to all applicants. (Ord. 2026-7, 2 June 2026)

5-1-16: RECORDS TO BE KEPT:

Each permittee shall be required to retain at the licensed premises while said premises are open, and at his principal place of business for a year thereafter, copies of all invoices, receipts and orders evidencing the source from which he acquired the fireworks which he handled. (Ord. 2026-7, 2 June 2026)

5-1-17: BOND:

In those cases where the applicant conducts the sale of fireworks from a temporary fireworks stand, he shall post with the clerk a cash bond or cash deposit in the amount set by resolution of the city council conditioned upon the prompt removal of the temporary fireworks stand and the cleaning up of debris from the site of the temporary stand. Said deposit or security shall be returned to the applicant only in the event he removes said temporary fireworks stand and cleans up all debris to the satisfaction of the Minidoka County Fire Protection District Chief, or such other official as the council may designate. In the event of the applicant’s failure to so remove the stand and debris by twelve o’clock (12:00) noon of July 26, said cash bond or cash deposit shall be forfeited to the city, and such failure shall be punishable as a misdemeanor. (Ord. 2026-7, 2 June 2026)

5-1-18: SUPERVISION BY FIRE CHIEF:

The regulation of all permits granted hereunder shall be under the supervision and control of the Minidoka County Fire Protection District Chief or as may be otherwise designated by the council. The Fire Chief shall have the right to inspect and test by samples any and all items or class of items of fireworks displayed to be sold by a permittee. Upon notification of any permittee by the Fire Chief that any particular item or items of fireworks being displayed or sold shall be deemed unsafe, such item or items shall be forthwith removed from display and returned by the permittee to the wholesaler, jobber or manufacturer, or if not so returned shall be forthwith destroyed. The Fire Chief may, in the event of apparent immediate danger or hazard to persons or property, require the immediate closing of any fireworks stand or store, and/or removal of any fireworks from any location within the city. (Ord. 2026-7, 2 June 2026)

5-1-19: COMPLIANCE; VIOLATION:

It shall be the duty of every person issued a fireworks permit to comply with all the provisions of the Idaho state fireworks act and this chapter. The conviction or violation of the aforesaid Idaho state fireworks act or any of the provisions of this chapter by the permittee or by any of its agents, employees or officers shall constitute a cause in and of itself to deny any subsequent application for a permit. Violation of any portion of this chapter shall be a misdemeanor for each violation. (Ord. 2026-7, 2 June 2026)

5-2: OPEN BURNING:

5-2-1: PURPOSE:

The purpose and intent of this chapter is to eliminate all forms of open burning except such burning as may be permitted as set out herein. (Ord. 2026-7, 2 June 2026)

5-2-2: DEFINITION:

“Open burning” means the outdoor burning of materials where the products of combustion are not directed through a duct, passage, smokestack or chimney. (Ord. 2026-7, 2 June 2026)

5-2-3: GENERAL RESTRICTIONS:

Except as herein provided, no person shall allow, suffer, cause or permit the open burning of any materials. (Ord. 2026-7, 2 June 2026)

5-2-4: EXCEPTIONS:

A.  Fires used for the preparation of food, campfires and fires for recreational purposes under control of a responsible person.

B.  Fires used for control or alleviation of fire hazard or for weed control when no alternate control method exists.

C.  Fires used in the training of organized firefighting personnel.

D.  Properly operated industrial flares for combustion of flammable gases.

E.  Readily combustible rubbish produced by operation of a domestic household may be burned on the property from which the rubbish was generated, if no collection and disposal service is available and such is approved by the mayor and the council. This shall include tree leaves and gardening waste. “Rubbish” is defined as nonputrescible solid waste except abandoned vehicles and car bodies or car body parts, industrial solid waste and agricultural solid waste. However, a permit as referred to in section 5-2-5 of this chapter must be first obtained.

F.  Open burning of junked motor vehicles when permitted by the council shall be under the following additional conditions: (1) No burning will be allowed on Saturday or Sunday. (2) Burning hours shall be between ten o’clock (10:00) A.M. and four o’clock (4:00) P.M. (3) Number of units to be burned at any one location at one burn shall be limited to fifty (50) unless otherwise approved by the city council. (4) Tires and floormats shall be removed prior to burning. (5) Every reasonable effort shall be made to prepare the units in such a manner that rapid and efficient combustion will occur. Any burning of motor vehicles deemed necessary by the council shall be conducted at one or several centralized locations approved by the Idaho department of health and welfare, environmental protection division.

G.  Burning of plant life grown on the premises in the course of agricultural, forestry or land clearing operation.

H.  During the months of April and October the city council, after consultation with the Idaho department of health and welfare, environmental protection division, may establish “clean up weeks” during which property owners will be allowed, without special permit, to burn leaves, shrubbery, trimmings, grass and such other materials at such times and in such manner as may be designated in the public proclamation. (Ord. 2026-7, 2 June 2026)

5-2-5: STANDARDS FOR BURNING:

A.  Permit Required: No person shall conduct burning within the provision of section 5-2-4 of this chapter on or in any public street, alley, road or other public ground without a permit or other proper authorization.

B.  Approved Burning: With respect to subsection 5-2-4E of this chapter, it shall be unlawful for any person to burn or cause to be burned any trash, lumber, leaves, straw, papers or any other combustible material outside of any building districts of the City from the period of June 1 of each year to October 31 of each year, without first obtaining a permit from the Mayor stating when such burning shall be done and under such proper safeguards as the Mayor may direct.

C.  Attendance Of Open Fires: All open burning shall be constantly attended by a competent person until such fire is extinguished. This person shall have a garden hose connected to the water supply or other fire extinguishing equipment readily available for use.

D.  Mayor May Prohibit: The Mayor or his agent may prohibit any or all open burning when atmospheric and other conditions or local circumstances make such fires hazardous to health or property. (Ord. 2026-7, 2 June 2026)

5-2-6: VIOLATION; MISDEMEANOR:

Any person violating any of the provisions of this chapter or wilfully refusing to comply with any proper requirements of the designated officer shall be deemed guilty of a misdemeanor. Each day a violation of the provisions of this chapter continues shall constitute a separate offense. (Ord. 2026-7, 2 June 2026)

5-2-7: SAFETY PROVISIONS OF OTHER ORDINANCES:

Nothing in this chapter shall be construed as repealing or amending in any way any safety provisions of the Fire Prevention Code heretofore adopted by the City. All of the safety requirements therein prescribed for outdoor burning, bonfires or rubbish fires, shall be required of all persons holding permits under the provisions of this chapter. (Ord. 2026-7, 2 June 2026)

5-3: ABANDONED AND WRECKED VEHICLES OR PROPERTY:

5-3-1: DEFINITIONS:

ABANDONED:  The relinquishment or giving up with the intent of never again resuming or claiming an interest in the thing.

DAMAGED:  That which has been impaired, injured, hurt and harmed.

DILAPIDATED:  Caved, fallen into partial ruin, injured by bad usage or neglect.

DISMANTLED:  Taking to pieces of the thing.

HOUSEHOLD GOODS AND EQUIPMENT:  All articles usually referred to as household goods and articles used in housekeeping including, but not limited to, chairs, tables, davenports, beds, refrigerators, stoves, washers, dryers, furnaces and appliances.

JUNK:  Scrapped, wrecked, ruined or dismantled.

MACHINERY:  All articles used for farm or domestic purposes, machinery or equipment, and all metal or wooden machinery, motors, equipment, tools or property.

MISCELLANEOUS PROPERTY:  All other property including, but not limited to, rope, iron, brass, copper, tin, lead, rubber, rags, baggage, bottles, scrap, toys, bicycles, boats, containers and batteries.

MOTOR VEHICLE:  Any vehicle 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, trailers, motorcycles, tractors, buggies or wagons.

WRECKED:  Disordered or broken remains of anything that has been demolished or otherwise ruined and is in a state of ruin or dilapidation and as particularly applied to motor vehicles herein called a junk motor vehicle shall be further defined as an unsightly motor vehicle or part or parts therefrom which does not carry a current or valid state registration, cannot be safely operated under its own power, is not in a garage or other building and does not have any one of the following: foot brakes, hand brakes, headlights, taillights, horn, muffler, rearview mirror, windshield wipers or adequate fenders.

The foregoing words in this section shall have such further meanings as may be defined in a generally accepted dictionary. (Ord. 2026-7, 2 June 2026)

5-3-2: ACCUMULATION PROHIBITED:

A.  No person shall place, allow, discard, maintain or store any dismantled, abandoned, junked, damaged or destroyed household goods or equipment, motor vehicles, machinery or miscellaneous property upon any public street, alley, sidewalk or upon private property within the city.

B.  No person, whether he be the owner, tenant, occupant, lessee or otherwise of any private property or premises shall place, allow, discard, maintain, park, store or permit to be stored, placed, allowed, discarded, maintained or parked upon property or premises, for a period of time exceeding forty eight (48) hours, any wrecked, dismantled, abandoned, junked, damaged or destroyed household goods, equipment, motor vehicles, machinery or miscellaneous property as in this chapter defined. (Ord. 2026-7, 2 June 2026)

5-3-3: NOTICE TO ABATE:

A.  Any code enforcement officer, the Mayor, the Minidoka County Building Official, or any City employee designated as code enforcement, may order any wrecked, dismantled, abandoned, junked, damaged or destroyed household goods and equipment, motor vehicles, machinery, or miscellaneous property or parts thereof removed within ten (10) days, except if the item shall constitute a traffic hazard it may be removed immediately to the impounding yard and notice subsequently be given as provided in subsection B of this section.

B.  Notice of such order shall be served upon any adult occupying the real estate upon which the item is located, if known. If no occupant of the real estate or owner of the item or part thereof can be found on the premises, a notice affixed in a conspicuous place to any building on the real estate shall constitute notice to the owner or occupant of the real estate and to the owner of the item or part thereof. If there is no building on the real estate, said notice may be affixed elsewhere on the real estate in a conspicuous place. Notice shall also be mailed to the owner of the real property parcel. (Ord. 2026-7, 2 June 2026)

5-3-4: FAILURE TO ABATE:

A.  If such item is not removed within the time so affixed, the city official ordering the removal thereof shall cause the item to be removed at the expense of the owner and placed in an impounding yard where the same shall be offered for sale to the highest and best bidder at public auction to be held not later than ten (10) days after one publication of notice of sale to be published in a newspaper of general circulation in the city. The proceeds of the sale shall be used to pay expenses of taking the item into possession and for the conduct of the sale and the publication of same. In the event the sale of the item fails to produce enough revenue to pay the charges, the balance will be due and payable immediately by the owner of the item.

B.  It shall be unlawful and a misdemeanor for any person to fail or refuse to remove any item or refuse to abate such nuisance when ordered so to do in accordance with provisions of this chapter.

C.  It shall be unlawful and a misdemeanor to interfere with, hinder or refuse to allow any authorized city officer or employee to enter upon private or public property to enforce the provisions of this chapter. (Ord. 2026-7, 2 June 2026)

5-3-5: EXCEPTIONS:

This chapter shall not apply to any property or premises where items are enclosed in a building or to any property or premises lawfully operated as business where the same is a part of an enterprise necessary to the operation of said business; provided, however, in the case of businesses whose inventory consists of the materials otherwise herein defined as junk or normally considered junk, the property upon which such items are placed shall be enclosed by a fence at least six feet (6′) in height of such a material that such fence shall reasonably prevent persons outside the premises from seeing the materials stored on the premises through the fence. However, nothing herein contained condones conditions which are otherwise a public or private nuisance. (Ord. 2026-7, 2 June 2026)

5-3-6: NUISANCE DECLARED:

Any item or items as defined herein placed, allowed, discarded, maintained or stored shall constitute a public nuisance. (Ord. 2026-7, 2 June 2026)

5-4: WEEDS:

5-4-1: NUISANCE DECLARED:

Any commonly accepted weeds found growing in any lot or tract of land in the City are hereby declared to be a nuisance, and it shall be unlawful to permit any such weeds to grow or remain in such places. The word “weeds” shall include all vegetable growth that is troublesome, useless or noxious and are generally accepted as having no ornamental use. (Ord. 2026-7, 2 June 2026)

5-4-2: HEIGHT LIMIT:

It shall be unlawful for anyone to permit any weeds, grass or other plants, other than trees, bushes, flowers, and other generally accepted ornamental plants, to grow to a height exceeding six inches (6″) or a diameter of six inches (6″) anywhere in the City. Any such plants or weeds exceeding such height or diameter are hereby declared to be a nuisance. (Ord. 2026-7, 2 June 2026)

5-4-3: NOTICE TO ABATE:

Any code enforcement officer, the Mayor, the Minidoka County Building Official, or any City employee designated as code enforcement, may serve a notice upon the owner or occupant of any such premises on which weeds or plants are permitted to grow in violation of the provisions of this chapter, and to demand the abatement of the nuisance within ten (10) days. (Ord. 2026-7, 2 June 2026)

5-4-4: FAILURE TO ABATE AND PENALTY:

If the person so notified does not abate the nuisance within ten (10) days after such notice, the Mayor may proceed to abate such nuisance, keeping an account of the expense thereof, and such expense shall be charged to and paid by the owner or occupant. Such failure to abate shall also constitute a misdemeanor. (Ord. 2026-7, 2 June 2026)

5-4-5: REMOVAL OR DESTRUCTION BY CITY; CHARGES:

Every person owning or occupying any lots, lands or premises situated within the corporate limits of the City shall within the time fixed by section 5-4-4 of this chapter keep continuously destroyed, weeded out, cut down and obliterated all such deleterious, unsightly and injurious weeds and noxious weeds, grasses and growths in or on any and all such lots, lands or premises. In the event of noncompliance, the City shall cause through its duly authorized personnel such weeds and growths to be cut down, weeded out, removed and destroyed. The costs and expenses of such destruction shall in the event of nonpayment for thirty (30) days be assessed against such property as general taxes, and collectable as other general State, County and Municipal Taxes as provided by Idaho Code sections 50-317 and 50-1008.

Before the costs and expenses shall become a lien against the property, the Mayor shall notify in writing the owner of any such lot, place or area, or the agent of said owner, to cut, destroy and/or remove any such weeds, grasses or deleterious, unhealthful growth or other noxious matter. Such notice shall be by certified mail to the owner’s last known address and shall also be posted on the lot(s) for ten (10) days. Upon the failure, neglect or refusal of any owner or agent so notified within ten (10) days after the posting and receipt of written notice, the Mayor is hereby authorized and empowered to commence cutting, destroying or removing such growth or to order the removal by the City. The costs of such removal shall be a minimum charge of one hundred dollars ($100.00) for the first hour and fifty dollars ($50.00) for each hour thereafter. Such fees may be certified by the City Clerk to the County Treasurer under the provisions of Idaho Code sections 50-317 and 50-1008.

The foregoing is an additional and cumulative remedy of the City and does not preclude other enforcement as provided in section 5-4-4 of this chapter. (Ord. 2026-7, 2 June 2026)

5-4-6: AUTHORITY TO EMPLOY LABOR:

The Mayor and City Council are hereby given the power and authority to employ or contract for such labor as is necessary to carry out the provisions of this chapter. (Ord. 2026-7, 2 June 2026)

5-5: RESERVED:

5-6: EXCAVATIONS:

5-6-1: PERMIT REQUIRED:

It shall be unlawful for any person to make any excavation or opening in any public right-of-way within the City without first having a written permit therefor from the Mayor. (Ord. 2026-7, 2 June 2026)

5-6-2: APPLICATION; DEPOSIT AND INSPECTION FEE:

A.  Applications for permits shall be made in writing to the City and shall state thereon the location and size of the proposed opening, the material of which the surface to be opened is composed, and such other information as may be required. Before any permit shall be issued, the applicant shall make a deposit with the City Clerk, except in the case of authorized City employees and in the case of public utilities, in the form of cash or certified check, together with an inspection fee, based upon the following: Dirt, loose stone or similar material: $25.00 for 25 square feet or less, plus $1.00 per square foot over 25; Brick, asphaltic or similar material: $50.00 for 25 square feet or less, plus $2.00 per square foot over 25; Concrete: $100.00 for 25 square feet or less, plus $5.00 per square foot over 25; Fee for inspection: 10 percent of deposit but in no case less than $5.00; Public utilities shall pay a fee as determined by the Council.

B.  Any person making or causing to be made any excavation or opening for any purpose in any public right-of-way within the City shall cause the same to be repaired in the following manner: (1) The width of the trench shall be kept as narrow as the construction needs require. Proper bracing shall be maintained to prevent any collapse of adjoining ground; no tunnel shall exceed thirty six inches (36″) in diameter except with proper bracing or shoring as approved by the City. (2) All excavated material shall be removed from the location and the opening backfilled with sand or fine aggregate in lifts not to exceed sixteen inches (16″), each thoroughly compacted before the next lift is placed. (3) Topsoil shall be replaced at a minimum depth of six inches (6″) properly graded, compacted, seeded or sodded and approved by the City. (4) Gravel surfaces shall be repaired with thoroughly compacted crushed stone base equal to the thickness of the existing course, but not less than eight inches (8″). (5) Bituminous surfaces shall be repaired with a two inch (2″) compacted thickness “cold patch” surfacing material over a compacted, crushed stone base not less than six inches (6″). (6) Concrete and bituminous concrete surfaces shall be repaired with concrete and base equal to the existing slab and base thickness, with the surfacing removed one foot (1′) outside the perimeter of the trench opening.

C.  The application required shall also show that the applicant has contacted all operators of gas, electric, telephone, water, sewer or any other public utility services in the area, to receive from them the information as to the existence and location of any underground facilities. (Ord. 2026-7, 2 June 2026)

5-6-3: DISPOSITION OF DEPOSIT:

The deposit shall be held by the City Clerk for a period of one year after the notice of restoration, and if after one year, and after inspection by the City the restoration of the excavation or opening is in a condition acceptable to the City, the deposit shall be returned to the depositor. If the City deems that further work is necessary to restore the public right-of-way and upon refusal or failure of the depositor to make the required corrections, the City may do the necessary work with the costs thereof being deducted from the deposit. The balance of the deposit, if any, shall be returned to the depositor or, if the costs of proper restoration exceed the deposit, then the depositor shall pay to the City the amount of the excess. (Ord. 2026-7, 2 June 2026)

5-6-4: LIABILITY OF PERMITTEE:

A.  All persons permitted hereunder to make any excavation or opening in any public right-of-way within the City shall maintain all such excavations or openings in a safe condition and shall be liable and responsible for any and all accidents or damages of any nature occasioned by any such excavation or opening until same is repaired and approval of the City is obtained.

B.  All such repairs shall be of such character that the excavation repair will be and remain in good repair and condition for a period of one year from and after the completion thereof. In case any disintegration appears or any defects or depressions occur within such period, except such as are without the fault of the permittee or his agents, such permittee shall be liable for and responsible to repair such defects and to put the repair in a smooth, satisfactory and good condition. (Ord. 2026-7, 2 June 2026)

5-6-5: BLOCKING STREETS:

No excavation shall block more than one-half (1/2) of any street driving surface, except as approved by the City. The City may require adequately trained persons available to direct traffic at such times and locations as the City shall direct. Such persons shall be employees of the permittee and shall obey all orders of duly authorized law enforcement personnel, Mayor, and City, as such orders relate to traffic and traffic safety. (Ord. 2026-7, 2 June 2026)

5-6-6: BARRICADES AND LIGHTS:

Any person making or maintaining any excavation in any public right-of-way shall maintain the same adequately guarded by barricades and lights to protect persons and property. (Ord. 2026-7, 2 June 2026)

5-6-7: SUPERVISION:

The excavating, tunneling or other work being done to any public right-of-way shall be under and subject to the supervision of the City. Notice shall be given to the City at least twenty four (24) hours before the work of backfilling any excavation commences. (Ord. 2026-7, 2 June 2026)

5-6-8: PENALTY:

Violation of any provision herein shall constitute a misdemeanor. (Ord. 2026-7, 2 June 2026)

5-7: PUBLIC PARKS:

5-7-1: PARK SUPERVISION:

All parks and recreational areas owned, operated and maintained by the City shall be under the supervision of the Mayor and Council or their duly designated agents. The Mayor and Council shall from time to time by resolution or ordinance, promulgate rules and regulations for the operation and maintenance of such areas and shall have the authority to establish schedules of fees to be charged for the use of the same. (Ord. 2026-7, 2 June 2026)

5-7-2: TRAFFIC AND USE OF MOTOR VEHICLES IN PARKS:

A.  All persons operating motor vehicles within a City park shall comply with all applicable provisions of Idaho State Traffic Code or the City’s ordinances relating to the operation of motor vehicles as contained in this and other chapters.

B.  All persons within a City park shall obey all law enforcement officers and park employees, who are authorized and instructed to direct traffic whenever and wherever needed in the parks.

C.  All persons operating motor vehicles within a City park shall observe all traffic signs indicating speed, direction, caution, stopping or parking, and all others posted for proper control of traffic and to safeguard life and property.

D.  All persons operating motor vehicles within a City park shall not exceed a rate of speed exceeding five (5) miles an hour, except upon such roads designated, by posted signs, for speedier travel.

E.  All persons operating motor vehicles within a City park shall drive only on the paved park roads or parking areas, or such other areas as may on occasion be specifically designated as temporary parking areas.

F.  All persons operating motor vehicles within a City park shall not park vehicles on the grassy areas of the park and shall operate and park vehicles only in established or designated parking areas. Motor vehicles may not be left in a park after closing hours of the park. No vehicle may be double parked on any road or parkway unless directed by a law enforcement officer or a park attendant. (Ord. 2026-7, 2 June 2026)

5-7-3: PARK USE RULES:

A.  Purpose And Compliance: It is the City’s intention to secure the maximum, comfortable and convenient use of the City’s parks by all and to provide for protection of persons and property. Persons using the City’s parks must comply with directions given by law enforcement officers and any other authorized City representatives.

B.  Use: Use of all park facilities is on a “first come, first served” basis, unless appropriate reservations for exclusive use are made as provided in this chapter.

C.  Length Of Use: Unless otherwise provided, exclusive use of any portion of the parks or picnic areas or of any of the buildings or structures in the City’s parks is not permitted nor shall any person use such areas of the park or park facilities for an unreasonable length of time, unless prior reservation for exclusive use is made as provided in this chapter.

D.  Park Facilities: Tables, benches and other facilities of the city parks may not be moved without the consent of an authorized representative of the city.

E.  Picnicking: All fires shall be in designated firepits or fire stands. Persons using the park picnic areas shall not leave their picnic area before any fire they have used has been completely extinguished. All persons using the park shall not leave any trash they have generated in the park except in approved trash receptacles.

F.  Camping: Other than use of designated camping areas in the city’s recreational vehicle park, any form of camping is prohibited, including any form of overnight sleeping, setting up of and use of recreational vehicles, tents, shacks, or any other temporary shelter for the purpose of camping, except by special permission of the city.

G.  Dangerous Games: No person shall take part in or abet the playing of any games involving thrown or otherwise propelled dangerous objects, including, but not limited to, paint balls, throwing stones, arrows or javelins, except in areas set apart for such forms of recreation.

H.  Animals: Horseback riding is not permitted in any city park. No person may bring a dog or other domestic animal into a park except on a leash or carried by the person owning or having the care, custody and control of such dog or domestic animal. Owners of animals must immediately remove fecal matter left in the park by the animal.

I.  Skating And Using Skateboards: Use of skates or skateboards, except in places expressly designated for such use is prohibited.

J.  Distribution Of Advertising Materials, Solicitation, Etc.: No person may distribute, leave or throw any advertising material, such as handbills, circulars or give away or otherwise distribute for advertising purposes any services, goods or wares except as authorized by the city. No person may solicit or accost other persons for the purpose of begging or soliciting alms or otherwise soliciting funds except for charitable fundraising events approved in advance by the city.

K.  Erection Of Structures: No person shall construct or erect any building or structure of whatever kind, whether permanent or temporary in character, or run or string any public service utility into, upon or across such lands, except on special written permit issued by the city.

L.  Trees, Shrubbery And Lawns; Injury And Removal: No person shall damage, cut, carve, transplant or remove any tree or plant or injure the bark, or pick the flowers or seeds of any tree or plant. Nor shall any person attach any rope, wire or other contrivance to any tree or plant. A person shall not dig in or otherwise disturb grass areas, or in any other way injure or impair the natural beauty or usefulness of any area.

M.  Alcohol And Drugs: No person may consume or possess any alcoholic beverage in any city park. No person may be under the influence of intoxicating liquor, narcotics or drugs. No person may engage in conduct that may endanger the health and/or safety of himself or of other persons or property, or unreasonably annoy and disturb persons in his vicinity.

N.  Sound: No person may operate or aid in the operation of private radios, stereophonic or sound amplification devices at a greater operating level than sixty two (62) decibels measured at a distance of twenty feet (20′) from such radios or devices.

O.  Glass Containers: No person may bring any glass containers into any park or make use of any glass container in a park. (Ord. 2026-7, 2 June 2026)

5-7-4: GROUP USE OF PARKS:

Use of a city park by a group intending to or actually making joint use of a park as a “group” (as defined herein), whether for exclusive or nonexclusive use, shall be subject to the following provisions. Such groups shall apply for and obtain a permit to use a city park in order to use the same as a group. Otherwise, such a group shall be presumed to be an unlawful assembly.

A.  Definitions: CHARITABLE USE: Use by an organization which has obtained recognition as a charitable institution under section 501(c)(3) of the internal revenue code. COMMERCIAL ACTIVITY: Any display, enterprise, promotion, arts and crafts display, exhibit, food or drink concession, yard sale or any activity at which goods or services are sold, or an admission fee or use fee is required. COMMUNITY USE: Use by a group or organization which is a not for profit organization and the use of the park is a not for profit event. GROUP: Any commercial activity; a reservation for exclusive use of a park by any number of people; any fundraising or sales; any political use; or any event where fifty (50) or more people intend to make joint use of a park. POLITICAL USE: Any political rally, public demonstrations or other protest events or expressions of freedom of speech as sanctioned by law. Political use is limited to four (4) continuous hours in a single day, and may not commence before nine o’clock (9:00) A.M. and must conclude no later than ten o’clock (10:00) P.M. PUBLIC USE OR A PUBLIC ORGANIZATION USE: Use by public entities such as cities, counties, schools and other similar public or political subdivisions of the state of Idaho.

B.  Commercial Activity In Public Parks Prohibited: City parks are not intended for commercial activities. No commercial activity shall be carried on or conducted in public parks of the city except as authorized by the city council, in its sole discretion.

C.  Time Limit: The use which requires a permit as herein provided may not, in any event, exceed three (3) consecutive days.

D.  Applications For Group Activities In Public Parks: Any person or entity seeking to conduct a group activity in a public park in the city must complete a written application form provided by the city clerk. Each application must be accompanied by a nonrefundable application fee in the amount set by resolution of the city. Applications for group use shall be considered by the city council at its next regular meeting following submission of the completed application to the city clerk. Prior to the issuance of a permit, the applicant shall provide proof of public liability insurance in an amount of at least one million dollars ($1,000,000.00) naming the city as an additional insured. The applicant shall agree in writing to hold harmless and indemnify the city from all liability arising from the permitted activity.

E.  Fee Exemption: The city council may, in its discretion, waive the requirement of paying a permit fee to any bona fide, charitable or public organization proposing to conduct a charitable or nonprofit activity.

F.  Preference: Charitable, public activities or community uses or events, in that order, shall be given preference over other uses.

G.  Immediate Termination Of Event: The city’s mayor or their designated representatives may order the immediate termination of the event and dispersal of all persons at the site if the event has become too noisy, unruly, out of control, poses danger to persons or property, or the event and participants are otherwise a private or public nuisance. (Ord. 2026-7, 2 June 2026)

5-7-5: PARK OPERATING POLICY:

A.  Hours: Except for unusual and unforeseen emergencies, parks shall be open to the public every day of the year from six o’clock (6:00) A.M. to ten o’clock (10:00) P.M. Thereafter, visitors and vehicles shall be excluded during the hours of closure.

B.  Closed Areas: Any section or part of any park may be declared closed to the public by the City Council or duly authorized representative at any time and for any interval of time, either temporarily or at regularly and stated intervals and either entirely or merely to certain uses, as the City Council or a duly authorized representative shall find reasonably necessary.

C.  Effect Of A Permit: The permittee shall be bound by all park rules and regulations and all applicable ordinances as fully as though the same were inserted in said permit. The City Council, or a duly authorized representative, shall have the authority to revoke a permit upon a finding of violation of any rule or ordinance, or upon good cause.

D.  Reservations: Special prior reservations for exclusive use of an entire City park or a certain portion of any City park may be made with the City Clerk in writing on the form provided. The Mayor has sole discretion as to whether such reservation shall be granted. At the time the application is made, the applicant must tender a deposit fee in the amount set by resolution of the City Council. The applicant is personally responsible for all use of the reserved facilities and any littering or damage to the City facilities during the time of exclusive use.

E.  Exclusive Use Of Some Park Facilities: The City may grant temporary permission for exclusive use of City parks for organized community athletic events. The City reserves the right to alter or withdraw such temporary grant of exclusive use, with or without prior notice, and on such terms as it considers appropriate in its sole discretion. (Ord. 2026-7, 2 June 2026)

5-7-6: ENFORCEMENT AND PENALTIES:

Law enforcement officers and duly authorized representatives of the City shall enforce the provisions of this chapter. A law enforcement officer or duly authorized representative of the City shall have the authority to eject from the park any person acting in violation of this chapter. Any person found to be violating any provision of this chapter shall be guilty of a misdemeanor. (Ord. 2026-7, 2 June 2026)

5-8: NOISE:

5-8-1: PURPOSE:

The purpose of this chapter is the protection of the health, safety, and welfare of the citizens of Minidoka. It is determined that sound can and does constitute a hazard to the health, safety, welfare, and quality of life of residents of the city. The mayor and council, by way of Idaho Code section 50-308, are empowered to impose reasonable limitations and regulations upon the production of sound to reduce the harmful effects thereof. It is hereafter the policy of this city to prevent and regulate sound generated by loud amplification devices wherever it is deemed to be harmful to the health, safety, welfare, or quality of life of the citizens of the city, and this chapter shall be liberally construed to effectuate that purpose. (Ord. 2026-7, 2 June 2026)

5-8-2: DEFINITIONS:

For the purposes of this chapter, the following definitions shall apply:

CITY:  Minidoka city, Idaho, or the area within the city limits of Minidoka city, Idaho.

COMMON AREA(S):  The area(s) of a facility, complex, apartment unit, hotel, motel or the like that are open either to the general public or persons with the permission of the owner or agent of the owner of the area. This definition would include, but not be limited to, the following: swimming pools, restaurants, patios, hot tubs, saunas, laundry rooms, meeting rooms, lobbies, lounges, bars and other areas within the facility that are either constructed or designed for use in this manner.

EMERGENCY:  Any occurrence or set of circumstances involving actual or imminent physical trauma or property damage demanding immediate attention.

EMERGENCY VEHICLE:  A motor vehicle belonging to a fire department, firefighting association, or fire district, an ambulance, or a motor vehicle belonging to a federal, state, county, or municipal law enforcement agency.

LOUD AMPLIFICATION DEVICE:  Any equipment designed or used for sound production, reproduction, or amplification, including, but not limited to, any radio, television, phonograph, musical instrument, stereo, tape player, compact disc player, loudspeaker, public address (PA) system, sound amplifier, or comparable sound broadcasting device.

PERSON:  Any individual, association, organization, or entity having a legally recognized existence, whether public or private.

PLACE OF RESIDENCE:  Any building or portion thereof adapted or used and intended for the overnight accommodation of persons. In the event the building is used for multiple individual units each individual unit shall be considered a separate residence for the purpose of this chapter.

PLAINLY AUDIBLE:  Sound for which the information content is clearly communicated to the listener, including, but not limited to, understandable spoken speech, comprehension of whether a voice is raised or normal, comprehensible musical rhythms, melody, or instrumentation, and the source of which is identifiable to the listener. (Ord. 2026-7, 2 June 2026)

5-8-3: NOISE PROHIBITIONS:

It shall be unlawful for any person to operate or permit the operation of any loud amplification device in such a manner that the sound therefrom:

A.  Is plainly audible within any place of residence not the source of the sound; or

B.  Is plainly audible upon a public right of way or street at a distance of one hundred feet (100′) or more from the source of such sound; or

C.  Is plainly audible from upon or within a motor vehicle upon a public right of way or street at a distance of fifty feet (50′) or more from the source of such sound.

5-8-4: ENFORCEMENT:

A.  Peace Officer Citation: Any law enforcement officer or person empowered to enforce this provision of this code is authorized to issue a uniform citation upon his own observation of a violation without the necessity of a citizen complainant’s signature on said citation.

B.  Citizen Citation: A uniform citation may also be signed by any citizen or person in whose presence an alleged violation of this chapter occurred, and be witnessed by a law enforcement officer or person empowered to enforce this provision of this code whose name shall be endorsed on the citation. (Ord. 2026-7, 2 June 2026)

5-8-5: ORDINANCE ADDITIONAL TO OTHER LAW:

The provisions of this chapter shall be cumulative and nonexclusive and shall not affect any other claim, cause of action, or remedy; nor, unless specifically provided, shall it be deemed to repeal, amend, or modify any law, ordinance, or regulation relating to noise or sound, but shall be deemed additional to existing legislation and common law on such subject.

5-8-6: EXEMPTIONS:

The following sounds are exempted from the provisions of this chapter:

A.  Sounds caused by any emergency vehicle or personnel when responding to an emergency call or acting in time of emergency.

B.  Sounds caused by activities upon any outdoor municipal, school, religious or publicly owned property or facility, provided that such activities have been authorized by the owner of such property or facility or its agent.

C.  Sounds caused by parades, firework displays, or any other event for which a permit for that type of activity is required and has been obtained from the authorized governmental entity within such hours as may be imposed as a condition for the issuance of said permit.

D.  Sounds caused by locomotives or other railroad equipment.

E.  Sounds caused by burglar alarms that are not in violation of this code.

F.  Sounds caused by safety warning devices required by law.

G.  Sounds caused by devices approved for use within the confines of the particular zoning designation that the device is located or pursuant to a conditional use permit.

H.  Sounds emanating from devices used within the common areas of a multiunit facility whose use has been approved by the owners or management of the facility, in compliance with any regulations imposed by the owners or management.

5-8-7: PENALTY:

A.  Fine: Any person who shall violate any of the terms or provisions of this chapter shall be guilty of an infraction and shall be punishable by a fine of one hundred dollars ($100.00) excluding court costs and fees.

B.  Suspension Of License: If a defendant fails to pay a traffic infraction penalty within the time allowed, unless the court makes a finding that the defendant has shown complete and continuing financial inability to pay the penalty, the court shall sign a notice of nonpayment of penalty and send it to the Idaho department of transportation for suspension of defendant’s driver’s license as provided by law.

5-8-8: SEVERABILITY:

If any provision or section of this chapter shall be held to be invalid by a court of competent jurisdiction, then such provision or section shall be considered separately and apart from the remaining provisions or sections of this chapter, which shall remain in full force and effect.

5-9: PUBLIC ASSEMBLIES:

5-9-1: PURPOSE:

It is the purpose of this chapter to regulate the assemblage of large numbers of people, in excess of those normally needing the health, sanitary, fire, police, transportation and utility services regularly provided in the city, in order that the health, safety and welfare of all persons in the city, residents and visitors alike, may be protected.

5-9-2: LICENSE REQUIRED, CONDITIONS:

A.  No person shall permit, maintain, promote, conduct, advertise, act as entrepreneur, undertake, organize, manage or sell or give tickets to an actual or reasonably anticipated assembly of one hundred fifty (150) or more people, whether on public or private property, unless a license to hold the assembly has first been issued by the council, application for which must be made at least forty five (45) days in advance of the assembly.

B.  As used in this chapter: ASSEMBLY means a company of persons gathered together at any location at any single time for any purpose. PERSON means any individual, partnership, corporation, firm, company, association, society or group.

C.  A separate license shall be required for each day and each location in which one hundred fifty (150) or more people assemble or can reasonably be anticipated to assemble; the fee for each license shall be one hundred dollars ($100.00).

D.  A license shall permit the assembly of only the maximum number of people stated in the license. The licensee shall not sell tickets to nor permit to assemble at the licensed location more than the maximum permissible number of people.

E.  The licensee shall not permit the sound of the assembly to carry unreasonably beyond the enclosed boundaries of the location of the assembly.

F.  This chapter shall not apply to government sponsored fairs held on regularly established fairgrounds nor to assemblies required to be licensed by other laws and regulations of this state.

G.  This chapter shall not apply to any regular established, permanent place of worship, stadium, athletic field, arena, auditorium, coliseum, school or other similar permanently established place of assembly which does not exceed the maximum seating capacity of the facility where the assembly is held.

5-9-3: REQUIREMENTS FOR ISSUANCE OF LICENSE:

Before he may be issued a license the applicant shall first provide proof that he will furnish at his own expense before the assembly commences:

A.  A fence completely enclosing the proposed location of sufficient height and strength to prevent people in excess of the maximum permissible number from gaining access to the assembly grounds, which shall have at least four (4) gates.

B.  Potable water sufficient to provide drinking water at the rate of at least one gallon per person per day and water for bathing at the rate of at least ten (10) gallons per person per day.

C.  Enclosed toilets sufficient to provide at least one toilet for every two hundred (200) persons together with an efficient, sanitary means of disposing of waste matter deposited.

D.  A sanitary method of disposing of solid waste sufficient to dispose of at least two and five-tenths (2.5) pounds of solid waste per person per day.

E.  A free parking area sufficient to provide at least one parking space for every four (4) persons.

F.  If the assembly is to continue overnight, camping facilities sufficient to accommodate the maximum number of people to be assembled.

G.  Fire protection, including alarms, extinguishing devices, and fire lanes and escapes, sufficient to meet all state and local standards for the location of the assembly.

H.  All reasonably necessary precautions to ensure that the sound of the assembly will not carry unreasonably beyond the enclosed boundaries of the location of the assembly.

I.  An insurance certificate, filed with the city, underwritten by an insurance company licensed to do business in Idaho in an amount not less than one million dollars ($1,000,000.00), naming the city of Minidoka as an additional insured primary and noncontributory party.

5-9-4: CONDITIONS OF APPLICATION:

A.  Application for a license shall be made in writing to the council of the city at least forty five (45) days in advance of such assembly.

B.  The application shall contain a statement made upon oath or affirmation that the statements contained therein are true and correct to the best knowledge of the applicant.

C.  The application shall contain and disclose: the name, age, residence and mailing address of all persons required to sign; the address and legal description of all property upon which the assembly is to be held; proof of ownership or permission to use the property; the nature or purpose of the assembly; the total number of days and/or hours during which the assembly is to last; the maximum number of persons; and plans for fencing, potable water, toilet facilities, solid waste disposal, illumination, parking, camping facilities, security, fire protection, sound control, and food concessions.

D.  The application shall include the bond required by this chapter and the license fee.

5-9-5: PROCESSING APPLICATION:

The application for a license shall be processed within twenty (20) days of receipt and shall be issued if all conditions are complied with.

5-9-6: REVOCATION OF LICENSE:

The license may be revoked by the council of the city at any time if any of the conditions necessary for the issuing of or contained in the license are not in compliance, or if any condition previously met ceases to be in compliance.

5-9-7: ENFORCEMENT:

A.  The provisions of this chapter may be enforced by injunction in any court of competent jurisdiction.

B.  The holding of an assembly in violation of any provision or condition contained in this chapter shall be deemed a public nuisance and may be abated as such.

C.  Any person who does not obtain the required license or who violates any condition upon which he is granted a license is guilty of a misdemeanor. Each day of violation shall be considered a separate offense.

5-10: RESERVED:

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)