6-1: GENERAL STATE OFFENSES AND TRAFFIC CODE:
6-1-1: CRIMINAL CODE ADOPTED:
Pursuant to the provisions of section 50-901 of the Idaho Code, there is hereby adopted title 18 of said Idaho Code, being the criminal laws of the state of Idaho, establishing principles of liability for conduct; establishing general principles of justification for conduct; defining offenses involving danger to persons; defining offenses against family; defining offenses against public administration; defining offenses against public order and decency; establishing a uniform system of penalties, including fines, forfeitures and imprisonment; and establishing criteria for imposing sentences upon those convicted of an offense, and said laws shall be and the same are hereby adopted as a criminal code of the city. One copy of said law shall be on file in the office of the clerk for reference to and inspection by the general public. (Ord. 2026-9, 4 Aug 2026)
6-1-2: ADOPTION OF IDAHO MOTOR VEHICLE LAWS:
It is hereby declared to be the intent of the city council to aid and assist by whatever means possible with the utmost consistency in traffic regulation among and between the agencies of Idaho having jurisdiction. Toward that end, adoption of the Idaho motor vehicle laws by cities of Idaho is a necessary means of assuring maximum uniformity within the state.
There is hereby adopted for the purpose of establishing rules and regulations for the use of all streets and public thoroughfares of the city that certain code more particularly described as title 49, Idaho Code, be and the same is hereby adopted and incorporated as an ordinance of the city as fully as though set forth at length herein. One copy of said law shall be on file in the office of the clerk for reference to and inspection by the general public. (Ord. 2026-9, 4 Aug 2026)
6-1-3: ISSUANCE OF CITATIONS:
Upon a violation of any provision of this chapter or the laws hereinabove adopted, the arresting officer shall execute the citation in the following manner:
Violation of Minidoka City Code, Section 6-1-1 (being in particular Section 18- of the Idaho Code) or Section 6-1-2 (being in particular 49- of the Idaho Code) as the case may be. (Ord. 2026-9, 4 Aug 2026)
6-1-4: PENALTY:
Violation by any person of any provision of the above codes shall be a misdemeanor and shall be punishable as therein defined; however, such offenses described as infractions, shall be punishable as an infraction offense. The fine and/or jail term for the violation of any said provisions shall be the same as prescribed by state law, as provided in the above codes. (Ord. 2026-9, 4 Aug 2026)
6-2: PARKING CODE:
6-2-1: GENERAL PARKING RESTRICTIONS
Any person who parks a vehicle, except when necessary to allow movement of other vehicular traffic or pursuant to the direction of a peace officer or traffic control device, in any of the following designated places, shall be guilty of an infraction, to-wit:
A. On a public sidewalk, designated pedestrian or bike path;
B. Within an intersection;
C. Within 15 feet of a fire hydrant;
D. Within a crosswalk;
E. Within 20 feet of any intersection, or a crosswalk at any intersection;
F. Within 30 feet of the approach to any flashing beacon, stop sign, or traffic control signal;
G. Between a designated safety zone and the adjacent curb or within 30 feet of points on the curb immediately opposite the ends of a safety zone, unless a traffic regulatory sign indicates a different length is allowed;
H. Within 50 feet of the nearest rail of a railroad line, excluding railroad spurs;
I. Within 20 feet of the driveway entrance of any fire station or within 75 feet of such entrance when parking on the side of the street opposite such entrance, when regulatory signs indicate such prohibition;
J. Beside or opposite any street excavation or obstruction in a manner which obstructs traffic;
K. Upon any street or portion thereof in a manner which blocks or interferes with the regular flow of vehicular traffic;
L. Upon, under, or within 50 feet of any bridge or elevated structure upon or part of a public road or railroad;
M. At any place where traffic regulatory signs prohibit such parking; or
N. In any fire apparatus access road as defined in the Uniform Fire Code. (Ord. 2026-9, 4 Aug 2026)
6-2-2: PARKING IN ALLEYS PROHIBITED:
Any person who parks a motor vehicle in any alley within the City for any purpose other than to load or unload such vehicle in a reasonably expeditious fashion shall be guilty of an infraction. Parking for purposes of loading or unloading a vehicle shall be permitted only if a clearance of at least 10 feet in width between the adjacent building or other structures is left on each side of the vehicle. (Ord. 2026-9, 4 Aug 2026)
6-2-3: PARKING ON PUBLIC ROAD OR EASEMENT:
A. Any person who parks a motor vehicle having a gross vehicle weight greater than ten thousand (10,000) pounds on any public road or within city easements shall be guilty of an infraction unless such parking is necessary to load or unload such vehicle in an expeditious manner. This exception does not apply in areas designated as ‘No Parking’ zones unless written police approval is provided before such parking and following whatever conditions or assistance the Sheriff require for the particular instance.
B. Any person who parks a motor vehicle or trailer loaded with any material that is offensive or noxious to human smell within the City shall be guilty of an infraction. (Ord. 2026-9, 4 Aug 2026)
6-2-4: PARKING ZONES ESTABLISHED:
The City Council has established and may hereafter establish parking zones and loading zones on the streets of the City. Establishment of and all changes in such zones shall be only as duly ordered by the City Council. (Ord. 2026-9, 4 Aug 2026)
6-2-5: DESIGNATION OF PARKING ZONES; PARKING SPACES:
A. The Mayor, in conjunction with the Sheriff, is authorized and directed to designate all parking and loading zones causing appropriate parking signs to be installed upon the streets so as to clearly inform the public of the location of the parking and loading zones and of the parking times allowed. A related Council approved map of all such zones shall also be maintained at City Hall.
B. The Mayor, in conjunction with the Sheriff, is authorized and directed to cause lines or markings to be painted or placed upon street surfaces or upon curbs for the purpose of designating the spaces to be used for parking of vehicles.
C. In addition, or in lieu of the above, The Mayor may designate temporary ‘No Parking’ zones by posted signs or painting adjacent curb red in color and loading zones by painting the adjacent curb yellow in color. Such designations shall be ratified by the City Council to remain longer than thirty days and shall only be approved for a designated time or otherwise added to the Council approved map.
D. The Sheriff or other law enforcement may prohibit parking at any time or place where there is adverse weather or fire or other emergencies or unusual conditions (such as unusual traffic or public assemblies) which require such prohibition, in the discretion of the Sheriff or other law enforcement officer. (Ord. 2026-9, 4 Aug 2026)
6-2-6: OFF STREET PARKING:
A. The Sheriff is authorized and directed to cause lines or markings to be painted or placed upon parking lots owned or under the jurisdiction of the City and to designate the type of parking permitted such as passenger vehicles, trucks and trailers, boats and other types of motor vehicles. Vehicles shall park within the markings designating the space in accordance with the markings of the parking space and designation thereof. The Mayor shall cause appropriate parking signs to be installed upon such lots clearly informing the public of the type of parking permitted.
B. The Sheriff may also enforce parking designations on private property open to public use.
C. The Sheriff may designate another officer or code enforcer for this purpose. (Ord. 2026-9, 4 Aug 2026)
6-2-7: REPAIR OF VEHICLES ON PUBLIC STREETS:
Any person who uses any street, public easement, or alley within the City for the purpose of repairing any vehicle, except for temporary emergency repairs, shall be guilty of an infraction. (Ord. 2026-9, 4 Aug 2026)
6-2-8: STORAGE OF VEHICLES, MOTORHOMES, AND TRAILERS ON PUBLIC STREETS:
A. It shall be unlawful for anyone to use any street, public easement, or alleys for storage of motorhomes or trailers. Trailers and motorhomes can only be parked upon a street or alley within the City for the purposes of loading or unloading for a period not to exceed two 24-hour periods in a 7-day time period. Clearance under 6-2-2 is still required. Any person who parks or allows a trailer or motorhome to be parked upon any street or alley within the City for a period in excess of this time in the same location shall be guilty of an infraction.
B. Any person who parks or allows a vehicle to be parked upon any street, public easement, or alley within the City for a period of 48 or more consecutive hours in the same location shall be guilty of an infraction.
C. Any vehicle, motorhome, or trailer unlawfully parked or stored may be removed by or under the direction of any peace officer and may be impounded according to the provisions under this Chapter.
D. For the purpose of this section, a vehicle shall be considered to be parked ‘in the same location’ notwithstanding movement of the vehicle to another location on a public street or alley within 500 feet in any direction of the original location of this vehicle. ‘Motorhome’ is defined as set forth in Idaho Code 39-4201. ‘Trailer’ is defined as set forth in Idaho Code 49-121. (Ord. 2026-9, 4 Aug 2026)
6-2-9: MANNER OF PARKING:
Except as otherwise provided in this Chapter, any person who parks or allows to be parked any vehicle, in the following manner shall be guilty of an infraction, where:
A. Any of the wheels or rims are on top of the curb, behind the back of the curb, on a sidewalk or designated pedestrian or bike path;
B. Any of the vehicle is outside the markings designating parking spaces;
C. In a loading zone or space so designated for longer than the permitted posted time, or while not actually engaged in loading or unloading; or
D. In the direction opposite to or slowing, blocking authorized traffic movement. (Ord. 2026-9, 4 Aug 2026)
6-2-10: UNATTENDED MOTOR VEHICLE; ABANDONED VEHICLE:
A. Any person who owns or has control of any motor vehicle and who leaves the vehicle without first stopping the engine, locking the ignition, and removing the key, or who parks such vehicle upon a grade without turning the front wheels to the curb or side of the street, shall be guilty of an infraction.
B. No person shall abandon a vehicle as defined in Idaho Code, title 49. (Ord. 2026-9, 4 Aug 2026)
6-2-11: PARKING RESTRICTION:
Any person who parks or allows such vehicle to be parked upon any street in violation of any sign restricting parking within such area, shall be guilty of an infraction. All such parking restrictions shall be established only by resolution of the City Council. (Ord. 2026-9, 4 Aug 2026)
6-2-12: IMPOUNDING VEHICLES:
Any peace officer may remove or cause to be removed and impound any vehicle parked in violation of the provisions of this Chapter. In the discretion of the officer and traffic or other safety concerns do not require immediate removal of the vehicle, at least 48 hours written notice should be provided before removal and impounding of a vehicle. (Ord. 2026-9, 4 Aug 2026)
6-2-13: IMPOUNDING FEES:
The owner of any motor vehicle or trailer that has been impounded by the Sheriff under any provision of this Code or any law of the State of Idaho shall pay to the City an impound fee in the amount as set by resolution before such vehicle or trailer shall be released. (Ord. 2026-9, 4 Aug 2026)
6-2-14: PAYMENT OF TOWING AND STORAGE FEES; DISPOSITION:
A. The owner of any motor vehicle or trailer that has been duly impounded, removed from the City streets, towed or stored at the direction of the Sheriff Department shall pay a reasonable towing and storage fee before such vehicle or trailer may be released. The towing and storage fee shall be paid to the person or company effecting the removal and towing and providing the storage for such vehicle or trailer. The person or company shall not release the vehicle without proof of payment of impound fees to the City. If the motor vehicle or trailer is towed or stored by City personnel, the towing and storage fees shall be paid to the City as set by resolution.
B. The Sheriff may dispose of impounded vehicles as provided under Idaho law and any relevant City resolution.
C. Unauthorized removal of a vehicle from the custody of the city or person or company acting for the City without full payment in full of all fees and costs that have been incurred under this Chapter shall be guilty of a misdemeanor and the vehicle may be recovered and disposed by the City or other authorized law enforcement agency. (Ord. 2026-9, 4 Aug 2026)
6-2-15: PARKING FOR PERSONS WITH DISABILITIES:
Any person who parks or allows a vehicle to be parked in any parking space designated for use by persons with disabilities and signed in conformity with the next section of this Code is guilty of an infraction, unless the vehicle is momentarily in the space for the purpose of allowing a disabled person to enter or leave the vehicle, or unless special license plates or a temporary card issued for the disable pursuant to Idaho Code§ 49-410 is displayed on the vehicle. For the purposes of this section, the registered owner of a vehicle who has expressly or impliedly consented to the use of his or her vehicle shall be deemed to have allowed the parking of such person by the person to whom such consent was given. The term ‘personal with a disability’ shall have the same meaning ascribed in Idaho Code § 49-117(7)(b). (Ord. 2026-9, 4 Aug 2026)
6-2-16: DESIGNATION OF PARKING SPACES FOR PERSONS WITH DISABILITIES:
For the purposes of the preceding section, a parking space designated for persons with disabilities shall be any parking space or area upon which there is posted immediately adjacent thereto, and visible from each stall or space, a sign which is at least 36 inches above the ground, displaying the international symbol of accessibility that shall have the same proportions shown in Idaho Code§ 49-410. (Ord. 2026-9, 4 Aug 2026)
6-2-17: ENFORCEMENT ON PRIVATE PROPERTY:
The provisions of Sections 6-2-12 and 6-2-13 shall be enforceable with respect to handicapped parking spaces upon public property and private property open to public use. (Ord. 2026-9, 4 Aug 2026)
6-2-18: OWNER RESPONSIBILITY:
Every owner of a motor vehicle is liable and responsible for the operation of such motor vehicle by any person using or operating the same with the permission, express or implied, of such owner, and the violation of this Chapter shall be imputed to the owner for the purpose of penalties for unlawful parking. This includes impound fees and costs. If an owner filed a release of liability according to Idaho Code§ 49-526, the transferee shown on the release shall be imputed for the purpose of penalties. (Ord. 2026-9, 4 Aug 2026)
6-2-19: NOTICE OF PARKING VIOLATIONS:
A. A notice of a violation of parking regulations of this Chapter may be issued by any police officer or by any person duly authorized by the Sheriff. The notice of violation shall be issued by placing it on the windshield of an illegally parked vehicle, in a secure manner, or in a prominent place upon the vehicle.
B. The notice of violation shall state the date and time when it is issued and the nature of the parking violation observed. The notice shall advise the owner or operator of the vehicle that he or she must admit the violation and pay the penalty or deny the violation before the City Clerk within 14 days of the date the notice is issued.
C. Any person issued a parking notice may enter an admission in the following ways:
1. Depositing the notice of violation and the amount of penalty stated thereon in the collection box located at City Hall;
2. Mailing the notice of violation with the amount of the penalty stated thereon to the address indicated on the notice; or
3. Presenting the notice of violation with the amount of the penalty indicated thereon to the City Treasurer at City Hall.
D. Within 14 days of the date of issue of the notice of violation, any person denying the violation or defaulting on payment within 10 days after the 14 day period for admitting or denying, the violation shall be charged as an infraction. (Ord. 2026-9, 4 Aug 2026)
6-2-20: PENALTIES:
Any person who violates any provision of this Chapter, shall be guilty of an infraction, and shall upon conviction thereof, be punishable by a fine in an amount of twenty-five dollars ($25.00) for the first offense, fifty dollars ($50.00) for a second offense, one hundred dollars ($100.00) for a third offense, and two hundred and fifty dollars ($250.00) for the fourth offense, each within a year of previous offense. (Ord. 2026-9, 4 Aug 2026)
6-2-21: ADDITIONAL REMEDIES PRESERVED:
The issues of a notice of violation is not the exclusive remedy for enforcing the parking regulations of this Chapter and all other lawful remedies are reserved, including prosecution by charging as an infraction. (Ord. 2026-9, 4 Aug 2026)
6-3: MISCELLANEOUS MOTOR VEHICLE REGULATIONS:
6-3-1: U-TURNS:
U-turns shall only be permitted when it is otherwise safe and prudent to proceed, giving due caution to both vehicular and pedestrian traffic. (Ord. 2026-9, 4 Aug 2026)
6-3-2: BACKING FROM ANGLE PARKING:
It shall be unlawful to back out of any angle parking stall, and while backing, cross the centerline of the road or the center of the road or to execute a U-turn while backing up. (Ord. 2026-9, 4 Aug 2026)
6-3-3: CITY SPEED LIMITS:
Speed Limits: Unless otherwise clearly posted by the Mayor or other authorized State or County authority, no person driving a motor vehicle shall, in any event, cause or suffer to travel faster than twenty-five (25) miles per hour on City streets, and fifteen (15) miles per hour in alleys. (Ord. 2026-9, 4 Aug 2026)
6-3-4: OBSTRUCTIONS, DEBRIS, OR OTHER BLOCKAGE OF STREETS AND ALLEYS:
It shall be unlawful for any person to cause a City street or alley to be blocked or obstructed in any manner by any material, machinery, debris or other things without the prior written consent of the City. If such blockage is a result of excavation, the person or persons causing such blockage shall additionally comply with all requirements of this Code with reference to excavation projects. The Sheriff or Mayor are authorized to take all necessary and immediate steps to clean, remove, cause to be cleaned or removed such obstructions or debris or material that block any streets or alleys all at the expense of the person or persons causing the same to occur. Such civil liability on the part of the person or persons causing such obstruction or blockage or causing unlawful debris to be placed upon a street or alley shall be in addition to prosecution as provided in this chapter. (Ord. 2026-9, 4 Aug 2026)
6-3-5: OPERATION OF VEHICLES ON PUBLIC OR PRIVATE PROPERTY:
A. Public Property: It shall be unlawful for any person to drive a motor vehicle within the City upon public property other than a dedicated street, highway or alley open to public vehicular use, without the prior written consent of the City. It shall be unlawful to drive, enter, or impede the use or safety with a motor vehicle, except to access private property or another street, any portion of a designated pedestrian or bike path. Any such violation shall constitute a misdemeanor.
B. Private Property: It shall be unlawful for any person to drive a motor vehicle over private property not owned by the driver without the permission or express or implied consent of the owner or other person authorized to give such consent. Absence of fences, barriers or “No Trespassing” signs, etc., does not of itself constitute implied consent. Further, the owner or his designated agent is always free, absent binding contractual obligations to the contrary, to revoke permission or consent.
C. Street Closing Signs And Other Traffic Signs: The Sheriff or Mayor, as directed from time to time by the City Council of the City may permanently or temporarily close streets or alleys from use by motor vehicles and may place a barrier or other sign marking or indicating that such street is closed for use. The purpose of using barriers or signs temporarily closing streets shall be to restrict use of roads or streets that present unsafe conditions such as roads near schools while school is in session, road breakup or other road hazards, etc. It shall be a violation of the city traffic laws as an infraction for any person to drive a motor vehicle and either not obey or disregard the instructions given by such sign or barrier. (Ord. 2026-9, 4 Aug 2026)
6-3-6: TRUCK ROUTES:
A. “Trucks”, defined as vehicles with a manufacturer’s rated weight of more than two and one-half (21/2) tons, shall not travel on city streets nor alleys nor any other public easements or rights of way except upon the following designated truck routes:
1. Entire length of Broadway Street.
2. Enter length of Wapi Street.
B. The above restrictions do not apply to trucks making legitimate deliveries using the most direct route possible. Also, these restrictions do not apply to trucks traveling from a truck route on the most direct route available for purposes of lawful parking at a location and manner in compliance with chapter 2 of this title or traveling the most direct route available from such parking to a truck route. (Ord. 2026-9, 4 Aug 2026)
6-3-7: VIOLATION:
Violation of any provision of this chapter constitutes a misdemeanor punishable as provided in this Code; however, such offenses described as infractions, shall be punishable as an infraction. (Ord. 2026-9, 4 Aug 2026)
6-4: RESERVED:
6-5: MINORS:
6-5-1: PURPOSE AND AUTHORITY:
This section is adopted pursuant to Idaho Code 20-501, 20-505, 20-520, and other provisions related to juveniles and minors. This chapter is intended to protect juveniles and to provide additional protection to the community by prohibiting particular actions by juveniles or being beyond the control of parents, guardians, or legal custodians. (Ord. 2026-9, 4 Aug 2026)
6-5-2: DEFINITIONS:
GUARDIAN: A person who has been appointed by a court to act on behalf of a minor, delegated parental powers through a parental power of attorney, qualifies as a de facto guardian under Idaho law, or a governmental agency having care and custody of a child. Such includes foster parents, administrators of a shelter care facility, or step-parent.
INCORRIGIBLE MINOR: Any minor who commits more than one act of disobedience or other status offense. Includes refusing to submit to reasonable and lawful disciplinary consequences, or repeated disobedience to the reasonable and lawful commands of a parent, legal guardian, or custodian. Such refusal must have disruptive, dangerous, or threatening to the safety, order, or welfare of others or the environment.
MINOR: Any individual who has not reached the age of eighteen (18) or has not been emancipated.
PARENT: Natural or adoptive parents who have legal custody of a child.
RUNAWAY: Any child who is absent from the home or residence of a parent, guardian, person, or agency entitled to the legal custody of the child without the permission of said parent, guardian, person, or agency entitled to legal custody of said child. (Ord. 2026-9, 4 Aug 2026)
6-5-3: MINOR RUNAWAYS PROHIBITED:
A. It shall be unlawful for any minor to run away from or refuse custody of a parent, guardian, or person or agency entitled to legal custody of the minor. Such act of running away or refusing is a violation of municipal ordinance.
B. A violation may include, but is not limited to, the following:
1. Staying overnight at a location other than their residence without the permission of their parent or guardian;
2. Leaving their residence without permission of the parent or guardian such that the circumstances indicate the minor does not intend to return to the residence;
3. Fails or refuses to return to their residence after having been requested, verbally or in writing, to return to the residence;
4. Fails or refuses to return to their residence after being informed by a peace officer that their parent or guardian has requested the minor to return to their residence;
5. Willfully flees or attempts to elude a peace officer after being lawfully order to stop by an identified peace officer.
C. Each violation of any provision of this section shall be a misdemeanor. (Ord. 2026-9, 4 Aug 2026)
6-5-4: AIDING RUNAWAY PROHIBITED:
It shall be unlawful for any person to aid, abet, or assist any minor to be a runaway or cause a minor to runaway from minor’s parent or guardian. A violation of this section shall be a misdemeanor. (Ord. 2026-9, 4 Aug 2026)
6-5-5: INCORRIGIBLE PROHIBITED:
It shall be a violation for a minor to be declared beyond the control of their parent or guardian, which declaration may be made when a minor disobeys reasonable rules, orders, directions, or expectations of a parent or guardian, or engages in behavior that is unruly, unmanageable, or incorrigible, and such disobedience or behavior is persistent, frequent, or severe. A violation of this section is a misdemeanor. (Ord. 2026-9, 4 Aug 2026)
6-5-6: FAILURE TO SUPERVISE PROHIBITED:
A. Any person who is the parent or guardian of a minor commits the offense of failure to supervise a minor when a minor in their custody and control commits any of the following acts:
1. Commits an act to bring the minor within the purview of the Juvenile Corrections Act or commits a crime for which the minor is tried as an adult;
2. Fails to ensure attendance at school (truancy) or is not comparable instructed pursuant to Idaho Code, Title 33; or
3. Violates curfew law as provided in 6-5-7.
B. Exceptions: Any person shall not be prosecuted under this section if the individual demonstrates any of the following:
1. The person is a victim of a crime committed by the minor;
2. The person timely reported the act of the minor to law enforcement, a court, probation, Idaho Department of Health & Welfare, or other government authority; or
3. The person took reasonable steps to control the conduct of the minor at the time the person is alleged to have failed to supervise.
C. First Warning: When a minor commits any of the acts set forth in this section for the first time, and the exceptions do not apply, the parent or guardian may be warned by a peace officer of the content of this section and the penalties for violation of this section.
D. Second or Subsequent Warning: When a minor commits any of the acts set forth in this section after a parent or guardian has been warned by a peace officer, and the exceptions do not apply, a citation or summons may be issued to the parent. The citation or summons shall set a date for appearance before a magistrate.
E. Penalty: Any person in violation of failure to supervise shall be guilty of a misdemeanor, which may include restitution pursuant to state law. (Ord. 2026-9, 4 Aug 2026)
6-5-7: CURFEW REGULATIONS:
A. Hours And Age Restriction: It shall be unlawful for any child less than seventeen (17) years of age to loiter on the streets, alleys, parks or other public place within the city between the hours of ten o’clock (10:00) P.M. and six o’clock (6:00) A.M.; provided, however, that a person below the age of seventeen (17) years may be upon the streets or other public places of the city between the hours of ten o’clock (10:00) P.M. and six o’clock (6:00) A.M., when such child is then engaged in the performance of a lawful employment or when such person is accompanied by his parents or one of them or legal guardian or other person having legal care, custody and control of such child.
B. Responsibility Of Parent Or Guardian: It shall be unlawful for any parent, guardian or other person having the legal care, custody or control of any child less than seventeen (17) years of age to permit such child to loiter in or upon the public streets, alleys, parks or buildings of the city in violation of subsection A of this section between the hours of ten o’clock (10:00) P.M. and six o’clock (6:00) A.M. (Ord. 2026-9, 4 Aug 2026)
6-6: UNCLAIMED PROPERTY:
6-6-1: SHERIFF HAS CUSTODY:
All abandoned, unclaimed, or unredeemed impounded personal property within the city shall be delivered to the custody of the Sheriff. (Ord. 2026-9, 4 Aug 2026)
6-6-2: DISPOSITION:
Pursuant to state law, the Sheriff may sell all such abandoned, unclaimed or unredeemed impounded personal property pursuant to and subject to the requirements of title 55, chapter 4 of the Idaho Code, and delivering the net proceeds of such sale to the city clerk, which proceeds shall be placed in and disbursed to the general fund of the city. (Ord. 2026-9, 4 Aug 2026)
6-7: AIR GUNS; FIREARMS:
6-7-1: DEFINITION:
Wherever the term “firearms” is used in this chapter, the term shall mean any instrument used in the propulsion of shot, shell or bullets or other harmful objects by the action of gunpowder exploded within it, or by the action of compressed air within it, or by the power of springs and including what are commonly known as air rifles and BB guns. (Ord. 2026-9, 4 Aug 2026)
6-7-2: DISCHARGE OF FIREARMS PROHIBITED:
It shall be unlawful for any person to discharge firearms of any kind or description within the limits of the municipality; provided, however, that this shall not apply to police officers in the discharge of their duties. (Ord. 2026-9, 4 Aug 2026)
6-7-3: EXCEPTIONS; PERMITS:
The city council may at any time, upon receipt of proper application, grant permits to shooting galleries, gun clubs and others for shooting in fixed localities and under specified rules. Such permits shall be in writing attested by the clerk conforming to such requirements as the city council shall demand, and the permit thus issued shall be subject to revocation at any time by action of the council. The city council shall set by resolution, the rules applicable to the operating of shooting galleries, gun clubs, and other fixed localities for shooting. Also, a proper application will contain the following information: name, current address, telephone, place of employment, social security number, statement as to whether or not applicant has ever pleaded guilty to or been found guilty of any felony at any time, or any misdemeanor or infraction within the last ten (10) years. The same information is required to be on the application for any employees or persons who operate the facility. (Ord. 2026-9, 4 Aug 2026)
6-8: GRAFFITI:
6-8-1: DEFINITIONS:
As used in this chapter and except as otherwise required by the context:
BROAD TIPPED INDELIBLE MARKER: Any felt tipped marker or similar implement which contains a fluid which is not soluble in water and has a flat or angled writing surface of a width of one-quarter inch (1/4“) or greater.
MAKING OF GRAFFITI: The act of defacing, damaging or destroying any real or personal property of another through the use of an aerosol container of spray paint or a broad tipped indelible marker. Such defacing shall include, but not be limited to, walls, buildings, billboards or other signs, rocks or other natural markings or monuments, gravestones, fencing, roads, bridges or other public property, vehicles, trees, or other vegetation. (Ord. 2026-9, 4 Aug 2026)
6-8-2: MAKING GRAFFITI:
A. No person shall make graffiti of any type on any building, public or private, or any other property real or personal owned by any person or any public agency or instrumentality, without the express permission of the owner or operator of said property.
B. The making of each mark of graffiti in violation of the foregoing shall be a misdemeanor.
C. In addition to any penalty imposed by any court of competent jurisdiction in the disposition of the misdemeanor charge, the perpetrator shall be civilly liable to the city and to the building owner, renter or lessee for the cleanup of the graffiti. (Ord. 2026-9, 4 Aug 2026)
6-8-3: POSSESSION OF GRAFFITI INSTRUMENTS:
A person is guilty of possession of graffiti instruments when he possesses any tool, instrument, article, substance, solution or other compound designed or commonly used to paint, write, spray, scratch, affix, inscribe or otherwise place a mark upon a piece of property which that person has no permission or authority to paint, write, spray, scratch, affix, inscribe or otherwise mark, under circumstances evincing an intent to use same in order to make graffiti upon such property. Possession of spray paint can in a public building, park, facility, or alley shall be presumptive evidence of intent to use same in order to damage such property. (Ord. 2026-9, 4 Aug 2026)
6-8-4: POSSESSION BY MINORS, PARENTAL/GUARDIAN LIABILITY:
A. It shall be unlawful for any person under the age of eighteen (18) years to purchase or possess any aerosol container of spray paint or broad tipped indelible marker unless accompanied by a parent or guardian, or while involved in an activity sponsored by a school, church or community.
B. Each parent or guardian of a minor found guilty of making graffiti shall be liable for such damages created or caused to the city or to the party suffering damage as a result of such acts, or both, up to two thousand five hundred dollars ($2,500.00) as set forth in Idaho Code section 6-210. (Ord. 2026-9, 4 Aug 2026)
6-8-5: BUILDING OWNER RESPONSIBILITY:
Each owner or renter or lessee of a building or business upon which graffiti has been made shall within seventy two (72) hours of notice by the police, remove or obliterate such graffiti so that it shall become or be made indistinguishable as a message, depiction, code or marking. If not removed, the obliteration of the graffiti shall be made with paint or other suitable covering reasonably similar to the background coloring of the wall or place where the graffiti has been made or placed. Failure to do so by the building owner, renter or lessee will result in the city taking such action on its own and then assessing the cost of such to the building owner, renter or lessee, if the perpetrator of the making of graffiti or his or her parent(s) or guardian(s) cannot be quickly identified by the city. The cost of same, being a benefit to the city and to the landowner, may be certified as a lien or debt against the land and placed on the Minidoka County tax rolls as an unpaid assessment. The building owner, renter or lessee required to make such cleanup shall be subrogated to the rights of the city to require reimbursement by the party making the graffiti or that party’s parents or guardian, if the maker is of minor age. (Ord. 2026-9, 4 Aug 2026)
6-9: SIGNS:
6-9-1: REGULATION OF SIGNS ON PUBLIC PROPERTY:
A. No person shall, within the City limits, paint, post, stick, stamp, or otherwise affix or cause the same to be done by any other person, any notice, placard, bill, card, poster, or advertisement, or other device calculated to attract attention of the public, to or upon any lamppost, hydrant, tree, electrical pole, telephone pole, or upon any other pole, post, or fixture of the fire alarm system, electric light or electrical power pole, or utility pole, which are located on the public street or right- of-way or post, affix or place the same on any other City owned property.
B. Any person who either places, or allows to be placed, any notice, placard, bill, card, poster, or advertisement of any type or kind within the City limits and not in violation of subsection A of this section shall remove the same within forty eight (48) hours after the occurrence of the event advertised, or within forty eight (48) hours after receiving notice to remove the same by the City, whichever event shall first occur.
C. Any person violating the provisions of this section shall be guilty of a misdemeanor. (Ord. 2026-9, 4 Aug 2026)
6-9-2: POLITICAL OR CAMPAIGN SIGNS:
Political or campaign signs are permitted in accordance with the following provisions provided that any such sign shall not be erected earlier than sixty (60) days prior to the election at which time the candidates or measure will be voted upon and shall be removed within ten (10) days after such election, campaign or event. Unlighted, temporary signs promoting any candidate for public office or measure on the ballot are permitted in any zone. Signs shall be set back sufficiently from roadways so that the signs do not obstruct traffic or lines of sight for motorists. If in the opinion of the Sheriff or Mayor the signs constitute a safety hazard, he shall cause the sign to be removed and advise the party responsible for posting, as below set forth, of such removal and the reason. Prior to placing such political or campaign signs on private property, the permission of the owner or authorized representative of the owner must be obtained. Prior to placement of political or campaign signs on any private or public property, right-of-way, easement, or roadway, the campaign chairman or other authorized representative of the candidate or organization must obtain consent. The Sheriff may remove or cause to be removed any sign posted on public or private property for which consent has not been obtained. Permission may be provided by a property owner or a leasee in possession of property. No such signs may be posted on City buildings or the grounds of City buildings, meaning buildings owned or used by the City for Municipal purposes. It shall be a misdemeanor for any person to do the following:
A. Post a political or campaign sign on private property without obtaining consent.
B. Post a political or campaign sign on city property or public right-of-way, easement, roadway, or other public property without obtaining consent.
C. Within ten (10) days after the election or event fail to remove and appropriately dispose of any political or campaign signs.
D. Post a political or campaign sign where it is not permitted.
E. Repost a sign removed by the city.
Compliance with these provisions does not waive compliance with other provisions of law, including, but not limited to, nuisance, public safety regulations and laws, laws regarding electioneering and campaigning, activities permitted or restricted at polling places, litter laws and any legal rights of private property owners. (Ord. 2026-9, 4 Aug 2026)
Sagacity 