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)

3-1: WATER SERVICE:

3-1-1: PURPOSE:

The purpose of this Chapter is to:

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

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

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

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

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

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

3-1-2: DEFINITIONS:

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

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

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

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

CITY: The City of Minidoka, Idaho.

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

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

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

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

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

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

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

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

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

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

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

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

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

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

2. any of the following conditions occur:

a. the private supply becomes polluted or contaminated;

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

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

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

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

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

3-1-4: GRANTING OF FRANCHISE PROHIBITED:

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

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

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

3-1-6: DUTIES OF DIVISION HEAD: 

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

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

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

3-1-8: WASTE PROHIBITED:

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

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

3-1-10: INSPECTION OF PREMISES:

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

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

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

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

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

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

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

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

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

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

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

3-1-14: WATER SYSTEM CONNECTION FEES:

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

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

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

3-1-15: INSTALLATION CHARGES:

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

3-1-16: LENGTH OF SERVICE LINE:

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

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

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

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

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

3-1-19: BRANCH SERVICE:

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

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

3-1-20: PERMIT REQUIRED:

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

3-1-21: CUSTOMER LINE MAINTENANCE:

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

3-1-22: PERMIT TO DO PLUMBING:

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

3-1-23: SERVICE CALL CHARGE:

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

3-1-24: TAMPERING UNLAWFUL:

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

3-1-25: AUTHORITY TO PLACE METER:

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

3-1-26: OWNERSHIP OF METERS:

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

3-1-27: MAINTENANCE OF METERS:

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

3-1-28: METER LOCATION AND ACCESS:

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

3-1-29: BILLING PERIODS:

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

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

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

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

3-1-31: WATER USER SERVICE CHARGE:

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

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

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

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

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

b.  Duplex/Triplex – Per dwelling or unit;

c.  Apartment unit – Per unit.

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

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

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

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

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

3-1-32: WATER RATES OUTSIDE CITY:

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

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

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

3-1-34: SERVICE OUTSIDE CITY:

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

3-1-35: FIRE SERVICE CONNECTION:

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

3-1-36: FIRE HYDRANTS:

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

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

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

3-1-38: BACKFLOW PREVENTION DEVICES:

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

1.  Premises having an auxiliary water supply;

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

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

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

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

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

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

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

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

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

3-1-39: INSPECTION OF NEW CONNECTION:

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

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

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

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

3-2: RESERVED:

3-3: ELECTRICAL SERVICE:

3-3-1: PURPOSE:

The purpose of this Chapter is to:

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

B.  Establish customer deposit and service contract requirements.

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

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

3-3-2: DEFINITIONS:

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

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

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

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

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

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

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

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

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

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

3-3-3: RATES:

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

3-3-4: RIGHTS RESERVED:

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

3-3-5: DEPOSITS:

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

3-3-6: MAINTENANCE OF METERS:

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

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

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

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

3-4: RESERVED:

3-5: RESERVED:

3-6: SANITATION SERVICE:

3-6-1: PURPOSE:

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

3-6-2: DEFINITIONS:

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

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

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

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

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

REFUSE: Solid wastes, including garbage and rubbish.

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

RUBBISH: Shall mean refuse other than garbage.

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

3-6-3: RESPONSIBLE AUTHORITY:

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

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

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

3-6-5: REFUSE COLLECTION:

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

3-6-6: REFUSE ACCUMULATION UNLAWFUL:

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

3-6-7: CONTAINERS

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

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

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

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

3-6-8: COLLECTION AND FEE:

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

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

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

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

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

3-6-10: LICENSING AND CONTRACTING:

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

3-7: COLLECTION OF SERVICE AND UTILITY CHARGES:

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

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

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

3-7-2: APPLICATION OF PAYMENT:

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

1.  Electrical charges

2.  Sanitation charges

3.  Water Charges

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

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

3-7-3: REMEDIES OF CITY:

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

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

3-7-4: TERMINATION OF SERVICES:

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

3-7-5: RESTORATION OF SERVICE:

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

3-7-6: TAMPERING WITH METERS:

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

3-7-7: UNAUTHORIZED CONNECTION:

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

3-7-8: FAULTY METERING DEVICES:

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

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

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

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

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

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

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

3-7-10: LATE PAYMENT FEE:

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

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

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

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

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

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

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

2-1: INTERNATIONAL CODE COUNCIL AND STATE BUILDING CODES:

2-1-1: CODE ADOPTION

A.  The following recognized codes as currently adopted by the State of Idaho are adopted as the official building codes of the City of Minidoka. Each code shall be deemed superseded by successive versions of such codes as they are adopted or approved by the State of Idaho effective on the 1st day of January the year following the date any such codes are made effective for the State of Idaho, unless a different date is required by state statute.

B.  For purposes of enforcement and administration of this code, the appointed Minidoka County Building Official will also be appointed and act as the Building Official for the City. (Ord. 2026-3, 3 Mar 2026; Ord. 2026-5, 5 May 2026)

2-1-2: PERMIT FEES:

Applicants shall pay permit and plan review fees in amounts to be determined by Resolution of Minidoka County. All permits required under city code require fees to be paid prior to a permit being issued, unless specified otherwise. (Ord. 2026-3, 3 Mar 2026)

2-1-3: EXEMPTIONS:

Agricultural buildings, as defined by the International Building Code, are exempt from the building codes adopted herein but shall remain subject to placement requirements and permits established by zoning regulations. (Ord. 2026-3, 3 Mar 2026)

2-1-4: SEVERABILITY:

This chapter is declared to be severable. Should any portion of this code be declared invalid by a court of competent jurisdiction, the remaining provisions shall continue in full force and effect and shall be read to carry out the purpose(s) of the ordinance before the declaration of partial invalidity. (Ord. 2026-3, 3 Mar 2026)

2-1-5: COPIES AVAILABLE:

A copy of each of the codes shall be held for use and examination by the public in the Office of the Clerk. (Ord. 2026-3, 3 Mar 2026)

2-1-6: VIOLATIONS:

Any violation of the following subsections shall constitute a misdemeanor, and any person, upon conviction of such violation, shall be punished accordingly. (Ord. 2026-3, 3 Mar 2026)

ARTICLE I – INTERNATIONAL BUILDING CODE (IBC):

2-1-7: PURPOSE:

The purpose of the IBC is to establish minimum requirements to safeguard the public safety, health and general welfare through affordability, structural strength, means of egress facilities, stability, sanitation, light and ventilation, energy conservation and safety to life and property from fire and other hazards attributed to the built environment and to provide safety to firefighters and emergency responders during emergency operations. (Ord. 2026-3, 3 Mar 2026)

2-1-8: IBC ADOPTED:

All the rules, regulations, and ordinances relating and applying to the regulation of the erection, construction, enlargement, alteration, repair, moving, removal, conversion, demolition, occupancy, equipment, use, height, area, and maintenance of buildings or structures established by the IBC including Appendixes C, E, G, H, I, and J, published under the authority of the International Code Council, Inc., is hereby adopted as the Building Code, and except to the extent that those rules and regulations are hereby changed, altered, or amended by this code, shall be the rules, regulations, and ordinances governing the erection, construction, enlargement, alteration, repair, moving, removal, conversion, demolition, occupancy, equipment, use, height, area, and maintenance of buildings or structures at and within the City. It shall be unlawful to erect, construct, enlarge, alter, repair, move, remove, convert, demolish, or maintain buildings or structures in violation of, or without complying with the rules, regulations, and ordinances set forth by the Building Code as adopted and as may be changed, altered, or amended by the Building Code. (Ord. 2026-3, 3 Mar 2026)

Snow Load	Wind Speed (mph)					Frost Depth	Seismic – Site Class D
20 (4800)	Risk Category	I	II	III	IV	18”	Risk Category	I & II	III	IV
		95	100	105	110			C	C	D

2-1-9: IBC AMENDMENTS:

A.  The IBC Edition currently adopted by the State of Idaho, and Appendices C, E, G, H, I, and J, published by the International Code Council; are amended as follows:

1. Section 101.1 inserting “City of Minidoka” in place of [name of jurisdiction].

2. Section 1612.3 inserting “City of Minidoka” in place of [name of jurisdiction] and “September 6, 1977” in place of [date of issuance].

3. Section 3113.1 General. The provisions of this Section shall apply to relocatable buildings. Relocatable buildings manufactured after the effective date of this code shall comply with the applicable provisions of this code; Title 39, Chapter 43, of Idaho Code; and IDAPA 24.39.31. Exemption: This section shall not apply to manufactured housing used as dwellings. (Ord. 2026-3, 3 Mar 2026; Ord. 2026-5, 5 May 2026)

ARTICLE II – INTERNATIONAL RESIDENTIAL CODE (IRC):

2-1-10: PURPOSE

The purpose of the IRC is to provide certain minimum standards and requirements to safeguard life or limb, health, property, and the public welfare by regulating and controlling the design, construction, erection, alteration, moving, demolition, quality of materials, use, occupancy, location, and maintenance of all buildings and structures, where not regulated by the Building Code or the Existing Building Code, in the City. (Ord. 2026-3, 3 Mar 2026)

2-1-11:  IRC ADOPTED:

All the rules, regulations, and ordinances relating and applying to the regulation of the erection, construction, enlargement, alteration, repair, moving, removal, conversion, demolition, occupancy, equipment, use, height, area, and maintenance of one-and-two-family dwelling buildings or structures, and their accessory buildings or structures, established by the IRC parts I through IV and IX, including Appendix Q (Tiny Houses) and Appendix S, (Strawbale Construction) published under the authority of the International Code Council, Inc., is hereby adopted as the One-And-Two-Family Dwelling Building Code for the City as amended, and except to the extent that those rules and regulations are hereby changed, altered, or amended by this code, shall be the rules, regulations, and ordinances governing the erection, construction, enlargement, alteration, repair, moving, removal, conversion, demolition, occupancy, equipment, use, height, area, and maintenance of one-and-two-family dwelling buildings or structures, and their accessory buildings or structures, at and within the City.  It shall be unlawful to erect, construct, enlarge, alter, repair, move, remove, convert, demolish, or maintain buildings or structures in violation of, or without complying with the rules, regulations, and ordinances set forth by the One-And-Two-Family Dwelling Building Code as adopted and as may be changed, altered, or amended by the One-And-Two-Family Dwelling Building Code. (Ord. 2026-3, 3 Mar 2026)

1. Table 301.2(1) Climatic and Geographic Design Criteria as follows:

Ground Snow Loado

Wind Design

Seismic Design Categoryf

Subject to Damage From

Winter Design Tempe

Ice Barrier Underlayment Requiredh

Flood Hazardg

Air Freezing Indexi

Mean Annual Tempj

Speedd (mph)

Topographic effectsk

Special Wind Regionl

Wind-borne derbis zonem

Weatheringa

Frost line depthb

Termitec

20 (4800)

90

NO

NO

NO

B

Severe

24”

Slight/ Moderate

5

NO

1977 FIRM 160201B

1261

48.1 F

MANUAL J DESIGN CRITERIAn
Elevation	Latitude	Winter Heating	Summer Cooling	Altitude Correction Factor	Indoor Design Temperature	Design Temperature Cooling	Heating Temperature difference
4150	42	2	90	.87	70	75	68
Cooling Temperature Difference	Wind Velocity Heating	Wind Velocity Cooling	Coincident Wet Bulb	Daily Range	Winter Humidity	Summer Humidity	_____
15	15	7.5	62	H	50%	50%	______

2-1-12:  IRC AMENDMENTS:

A.  The IRC Edition currently adopted by the State of Idaho, parts I through IV and IX, including Appendix Q and S, published by the International Code Council; are amended as follows:

1.  Delete Tables R403.4 Minimum Depth (D) and Width (W) of Crushed Stone Footings (inches), R403.1(1) Minimum Width and Thickness for Concrete Footings for Light-Frame Construction (inches), R403.1(2) Minimum Width and Thickness for Concrete Footings for Light-Frame Construction and Brick Veneer (inches), and R403.1(3) Minimum Width and Thickness for Concrete Footings with Cast-In-Place or Fully Grouted Masonry Wall Construction (inches). (Ord. 2026-3, 3 Mar 2026; Ord. 2026-5, 5 May 2026)

ARTICLE III – INTERNATIONAL ENERGY CONSERVATION CODE (IECC)

2-1-13:  PURPOSE:

The purpose of the IECC is to establish minimum regulations for energy-efficient buildings using prescriptive, performance-based, or energy rating index compliance alternative provisions.  The provisions of this code shall regulate the design and construction of building envelopes for adequate thermal resistance and low air leakage, including the design and selection of mechanical systems, service water-heating systems, pools and spas, electrical equipment, power, and lighting systems in order to enhance the efficient use and conservation of energy in new and existing building construction. (Ord. 2026-3, 3 Mar 2026)

2-1-14:  IECC ADOPTED:

All the rules, regulations, and ordinances relating and applying to the design, construction, quality of materials, erection, installation, alteration, repair, location, relocation, replacement, addition to, use or maintenance of the building envelope, building mechanical systems, service water-heating systems, pools and spas, electrical equipment, power, and lighting systems, established by the IECC, published under the authority of the International Code Council, Inc., is adopted as the Energy Conservation Code as amended, and except to the extent that those said rules and regulations are hereby changed, altered, or amended by this code. (Ord. 2026-3, 3 Mar 2026)

ARTICLE IV – INTERNATIONAL EXISTING BUILDING CODE (IEBC)

2-1-15:  PURPOSE:

The purpose of the IEBC is to establish regulations to allow for the use of alternative methods from those contained in the Building Code and the One-And-Two-Family Dwelling Building Code in order to comply with and conform to those minimum requirements necessary to safeguard the health, safety, property, and public welfare insofar as they are affected by the repair, alteration, change of occupancy, addition, or relocation of existing buildings. (Ord. 2026-3, 3 Mar 2026)

2-1-16:  IEBC ADOPTED:

All rules, regulations, and ordinances relating to the design, construction, quality of materials, erection, installation, alteration, repair, location, relocation, replacement, addition to, use, change of occupancy, or maintenance of existing buildings, established by the IEBC, published under the authority of the International Code Council, Inc., is adopted as the Existing Building Code as amended, and except to the extent that those rules and regulations are hereby changed, altered, or amended by this code. (Ord. 2026-3, 3 Mar 2026)

ARTICLE V – INTERNATIONAL FUEL GAS CODE (IFGC)

2-1-17:  PURPOSE:

The purpose of the IFGC is to establish minimum requirements for fuel gas systems and gas-fired appliances using prescriptive and performance-related provisions.  It is founded on broad-based principles that make possible the use of new materials and new fuel gas systems and appliance design. (Ord. 2026-3, 3 Mar 2026)

2-1-18:  IFGC ADOPTED:

All rules, regulations, and ordinances relating and applying to the design, construction, quality of materials, erection, installation, alteration, repair, location, relocation, replacement, addition to, use or maintenance building fuel gas systems and appliances.  It shall be unlawful to erect, construct, enlarge, alter, repair, move, remove, convert, demolish, or maintain buildings or structures in violation of, or without complying with the rules, regulations, and ordinances set forth by the IFGC as adopted and as may be changed, altered, or amended by the IFGC. (Ord. 2026-3, 3 Mar 2026)

ARTICLE VI:  INTERNATIONAL MECHANICAL CODE (IMC)

2-1-19:  PURPOSE:

The purpose of the IMC is to establish the minimum acceptable level of safety and to protect life and property from the potential dangers associated with the installation and operation of mechanical systems. The code also protects the personnel that install, maintain, service and replace the systems and appliances addressed by this code. (Ord. 2026-3, 3 Mar 2026)

2-1-20:  IMC ADOPTED:

All rules, regulations and ordinances relating and applying to the design and installation of mechanical systems, appliances, appliance venting, duct and ventilation systems, combustion air provisions, hydronic systems and solar systems. (Ord. 2026-3, 3 Mar 2026)

ARTICLE VII:  IDAHO FIRE CODE (IFC)

2-1-21:  PURPOSE:

The purpose of the IFC is to establish minimum regulations for fire prevention and fire protection systems using prescriptive and performance-related provisions. (Ord. 2026-3, 3 Mar 2026)

2-1-22:  IFC ADOPTED:

All rules, regulations, and ordinances relating to the safeguarding of life and property from fire and explosion hazards arising from the storage, handling and use of hazardous substances, materials and devices, and from conditions hazardous to life or property in the occupancy of buildings and premises as herein provided. (Ord. 2026-3, 3 Mar 2026)

ARTICLE VIII:  ABATEMENT OF DANGEROUS BUILDINGS CODE (ADBC):

2-1-23:  PURPOSE:

It is the purpose of this code to provide a just, equitable and practicable method, to be cumulative with and in addition to any other remedy provided by the Building Code, Housing Code or otherwise available by law, whereby buildings or structures which from any cause endanger the life, limb, health, morals, property, safety or welfare of the general public or their occupants may be required to be repaired, vacated or demolished. (Ord. 2026-3, 3 Mar 2026)

2-1-24:  ADBC ADOPTED:

The provisions of this code shall apply to all dangerous buildings, as herein defined, which are now in existence or which may hereafter become dangerous in this jurisdiction. (Ord. 2026-3, 3 Mar 2026)

ARTICLE IX:  INTERNATIONAL PROPERTY MAINTENANCE CODE (IPMC):

2-1-25:  PURPOSE:

The purpose of the IPMC is to regulate the minimum maintenance requirements for existing buildings. (Ord. 2026-3, 3 Mar 2026)

2-1-26:  IPMC ADOPTED:

All rules, regulations, and ordinances regulating and applying to the minimum maintenance standards for basic equipment, light, ventilation, heating, sanitation and fire safety. (Ord. 2026-3, 3 Mar 2026; Ord. 2026-5, 5 May 2026)

ARTICLE X:  IDAHO PLUMBING CODE (IPC):

2-1-27:  PURPOSE:

The purpose of the ISPC is to establish the minimum acceptable level of safety to protect life and property from the potential dangers associated with supplying potable water to plumbing fixtures and outlets and the conveyance of bacteria-laden wastewater from fixtures. (Ord. 2026-3, 3 Mar 2026)

2-1-28:  IPC ADOPTED:

All rules, regulations, and ordinances regulating the design and installation of plumbing systems including the plumbing fixtures in all types of buildings except for detached one and two-family dwellings and townhouses that are not more than three stories above grade in height. The regulations for plumbing systems in one- and two-family dwellings and townhouses are covered by IRC. The ISPC addresses general plumbing regulations, fixture requirements, water heater installations and systems for water distribution, sanitary drainage, special wastes, venting, storm drainage and medical gases. The ISPC does not address fuel gas piping systems as those systems are covered by the IFGC. The ISPC also does not regulate swimming pool piping systems, process piping systems, or utility-owned piping and systems. (Ord. 2026-3, 3 Mar 2026)

ARTICLE XI:  ELECTRICAL CODE (EC):

2-1-29:  PURPOSE:

The purpose of this code is the practical safeguarding of persons and property from hazards arising from the use of electricity. (Ord. 2026-3, 3 Mar 2026)

2-1-30:  EC ADOPTED:

All rules, regulations, and ordinances relating to the design, construction, operation, quality of materials, installation, alteration, and repair of electrical systems and use of electricity. (Ord. 2026-3, 3 Mar 2026)

2-2: ELECTRICAL CODE:

2-2-1: SCOPE OF CODE:

The regulations of this code shall apply to all electrical wiring and equipment installed within the city electrical service area, except wiring and equipment which is used for the generation, control, distribution or communication system of a utility and which is installed by or for, and owned and maintained by an electric or communication utility operating under due authority granted by the city.  (Ord. 2026-3, 3 Mar 2026)  

2-2-2: MINIMUM SAFETY STANDARDS:

Except as herein provided all installments of wires and equipment to convey electric current and apparatus to be operated by such current, made after the effective date of this code, shall be in accord with the national electrical code, published by the National Fire Protection Association, state of Idaho statutes, rules and regulations of the Idaho department of labor and industrial services electrical safety bureau, relating to such work so far as the same covers both fire and personal injury hazards. (Ord. 2026-3, 3 Mar 2026)

2-2-3: SPECIAL REQUIREMENTS:

All public commercial and industrial buildings, all apartment buildings with more than three (3) dwelling units and all buildings, of any kind, located within the city, shall be wired to conform to the wiring methods permitted under the National Electrical Code (NEC) as currently adopted by the State of Idaho for the applicable occupancy and installation type, including metal conduit, electrical metallic tubing, flexible metal conduit, surface metal raceways, wireways, busways, underfloor raceways, cellular metal floor raceways, mineral-insulated cable, rigid nonmetallic conduit (underground, concrete-encased, or severe corrosive locations only), multioutlet assemblies, flat cable assemblies, cablebus, and electrical floor assemblies, as each such wiring method is defined and regulated in the currently adopted NEC. (Ord. 2026-3, 3 Mar 2026; Ord. 2026-5, 5 May 2026)

2-2-4: ALTERATIONS TO EXISTING WIRING:

When extensions and/or alterations are made to any electrical circuit in or on any building or structure, coming under the provisions of this code, which said circuit was not originally installed in a manner complying with the provisions of this code and/or the ordinances of the city, the electrical circuit, in its entirety, shall be made to conform to such provisions of this code as are particularly applicable thereto. (Ord. 2026-3, 3 Mar 2026)

2-2-5: ELECTRICAL INSPECTOR:
The mayor is hereby authorized with the consent of the city council, to enter into an agreement with the Idaho Division of Building Safety, to furnish electrical inspection service to the city, as authorized by section 54-1001C of the Idaho Code. Electrical inspections made under such agreement shall be in accordance with this code by a duly appointed state electrical inspector acting as electrical inspector for the city. (Ord. 2026-3, 3 Mar 2026; Ord. 2026-5, 5 May 2026)

2-2-6: JURISDICTION OF ELECTRICAL INSPECTOR:

Except as herein provided the installation of electrical wiring or equipment in or on any building or structure within the city electrical service area shall be done at all times subject to inspection by the electrical inspector. (Ord. 2026-3, 3 Mar 2026)

2-2-7: AUTHORITY TO DISCONNECT:

If any electrical installation made after the effective date of this code is found to be defective or defectively installed, or otherwise not in conformity with this code, the electrical inspector may order such installation disconnected from the source of supply until the necessary corrections have been made, provided that the owner of the premises, the tenant, if any, and the power supply company shall be notified in writing. (Ord. 2026-3, 3 Mar 2026)

2-2-8: ELECTRICAL INSPECTION TAG:

A.   It shall be unlawful for any person to install or cause to be installed, any electric wiring, or equipment coming under the provisions of this code unless an electrical inspection tag, as authorized by section 54-1005 of the Idaho Code, or application for such electrical tag, properly completed, has been submitted to the Idaho Division of Building Safety in the manner required by the Division. Electrical contractors shall use the standard electrical contractor’s inspection tag issued to all licensed electrical contractors by the Idaho Division of Building Safety. Owners installing electrical wiring or equipment on their own property shall use the standard application for owner’s electrical inspection tag which applications shall be made available at the office of the clerk and at the local offices of the power suppliers.

B.   The city shall not connect to or energize an electrical installation coming under the provisions of this code unless the city has in possession, an electrical inspection tag, issued by the Idaho Division of Building Safety, covering the installation to be energized. (Ord. 2026-3, 3 Mar 2026; Ord. 2026-5, 5 May 2026)

2-2-9: STATE LICENSE REQUIRED:

A.   Journeyman Electrician: Except as herein provided it shall be unlawful for any person to perform or supervise the actual physical work of installing electric wiring or equipment to convey electric current unless such person holds a valid journeyman electrician’s license, issued by the state of Idaho department of labor and industrial services electrical safety bureau.

B.   Electrical Contractor: Except as herein provided it shall be unlawful for any person, partnership, or corporation to engage in the business of installing electrical wires or equipment to convey electric current or to enter into agreements to install such wires or equipment without a valid electrical contractor’s license issued by the Idaho Division of Building Safety.

C.   Exemptions: The licensing provisions of this section shall not apply to persons making electrical installations on their own property, to apprentice electricians working under the direct, on the job supervision of licensed journeyman electricians nor to persons regularly employed to do electrical maintenance work on their employer’s premises. (Ord. 2026-3, 3 Mar 2026; Ord. 2026-5, 5 May 2026)

2-2-10: LIABILITY OF CITY:

This code is not to be construed to relieve from or lessen responsibility or liability of any party owning, operating, controlling, or installing any electrical wiring or equipment, for damages to person or property caused by any defects therein, nor shall the city be held as assuming any such liability by reason of the inspection required herein. (Ord. 2026-3, 3 Mar 2026)

2-2-11: REQUIREMENTS FOR NEW METER INSTALLATION:

A.   Definition Of New Installation: It shall be deemed to be a “new installation” when service entrance facilities are placed in new buildings, or when electrical wiring is replaced in existing buildings, or when installation of new services are placed in existing buildings, and shall include any remodeling or rewiring, either on the interior or the exterior on any existing building.

B.   Meters: Only socket type meters shall be used, and the meters shall be located on the outside of the buildings served with electricity; the meter bases shall be mounted five feet six inches (5’6″) to the center from the ground or walkway level.

C.   Wiring: Wiring from service wires to the meter must be in conduit and the conduit from the service wires to the meter must be exposed. No materials such as water or gas pipe fittings shall be acceptable as a substitute for electrical conduit. An entrance cap shall be used on the upper end of the conduit extending above the meter base and must not be more than one foot (1′) from the point of attachment of the service wires. There shall be at least two feet (2′) separation between any service wires and any exposed wiring on the load side of the meter.

D.   Safety Measures: All meters on a single residence shall be ahead of all fuses, switches, and/or other protective or disconnecting devices, and no wiring shall be exposed between the meter base and main switch. The main switch or disconnecting device shall be enclosed and shall contain suitable fuse or circuit breaker protection. No circuit shall be taken off between the base and the main switch except pump circuits and such pump circuits must have raintight or waterproof switches for said water pumps, and the main disconnecting device shall be situated on the outside of the building adjacent to the meter base, with a weatherproof enclosure for the fuse or breaker disconnect.

E.   Service Entrances: Weatherproofed wire shall not be used in conduits for a service entrance, and any service wires shall have a clearance of ten feet (10′) above the ground; provided, however, that where a service entrance position is to be used by public vehicles, the clearance shall not be less than eighteen feet (18′) above the ground. The service entrance shall be placed on such side of a building or structure to which service is most readily available from existing power lines. All service drop wires must be connected to a mast (subsection H of this section), which extends through the roof of the building. Masts terminating below the eaves of a roof will not be permitted.

F.   Wire Connections: The neutral wire (white) of 3-wire systems or the grounded wire (white) of a 2-wire system shall be connected to the ground terminal of the meter base.

G.   Alternative Meters: In any case where the estimated load may exceed one hundred (100) amperes per phase for continuous periods at an individual meter installation, the City may require other than self-contained metering. (1982 Code)

H.   Masts: The service entrance mast shall not be smaller than one and one- half inch (1¹/₂“) ID rigid galvanized conduit for one hundred (100) amp services, two inch (2”) ID rigid galvanized conduit for two hundred (200) amp services. Type IMC may be used if approved by the Public Works Department.

I.   Multiple Meter Installation: In the event multiple meter installations are made, all of the above requirements shall apply to such installation, except that requirement that refers specifically to the service of a single residence, and, in addition thereto, the following requirements shall be met:

1.   Electrical service shall be supplied at only one point on each individual building, and the service wires shall be 3-wire 120-240-volt. For single-phase or 4-wire combinations, 120/240-volt 3-phase, and 480-volt 3-phase. (Ord. 332, 3-27-1991)

2.   The meters shall be arranged in a horizontal position at five feet six inches (5’6″) from center of meter to ground or walkway level and shall be as close together as practical.

3.   Enclosed disconnect devices shall be provided on the load side of each meter and such devices must be classed as main switches as in other requirements, and must have suitable means for sealing. Any and all devices such as gutters, etc., installed on the line side of the meters must be of such a type that they can be sealed with standard meter seals. Permission to install gutters, splice boxes, etc., ahead of meters shall be obtained from the City before construction is started. (Ord. 2026-3, 3 Mar 2026)

2-3: BUILDINGS CONSTRUCTED OUTSIDE OF CITY:

2-3-1: APPLICABILITY OF CODES:

All buildings previously constructed outside the City limits for which a building permit would have to have been issued had the construction been within the City originally, which buildings are to be moved within City limits of the City must meet the requirements of the existing City codes applicable to buildings, including the codes set forth in chapter 1 of this title. (Ord. 2026-3, 3 Mar 2026)

2-3-2: BUILDING PERMITS AND INSPECTIONS:

Further, the owner of such a building, prior to moving the same into or within the City, must obtain a building permit and submit the structure to inspection so that it can be determined that the building meets the requirements of said codes as applicable. Any travel expenses necessary for an official of the City to conduct such inspection or, in the discretion of the City (should the City determine to hire an inspector in the locality of the building), such expense for such inspector shall be borne by the person bringing the building into the City or moving it within the City. In the case of buildings that are subject to the standards of the Building Code, as defined in section 2-1-1 of this title, the inspection will be conducted by an official certified by the International Code Council. In the case of manufactured homes, as defined in this Code, the inspection will be conducted by a licensed engineer, who shall certify in writing that the manufactured home meets the requirements of a manufactured home Class A or manufactured home Class B, as defined in this Code. Such certification shall also expressly certify the structural integrity of any modification to the manufactured home made since its original manufacture. However, homes which meet the specifications of manufactured home Class A and which are of the current year’s manufacture or have never been sold and used as a dwelling since new from the factory are exempt from this requirement. Also, manufactured home Class B which has received a certificate of compliance within the last ninety (90) days by the Administrator of the Division of Building Safety that the home complies with the requirements of Idaho Code section 44-2503 is also exempt from this requirement, as long as such home has not been modified since issuance of the certificate. (Ord. 2026-3, 3 Mar 2026; Ord. 2026-5, 5 May 2026)

2-3-3: BOND IN LIEU OF COMPLIANCE:

In the event that the building does not comply with any portion of the codes above referred to, such building must be modified, altered, repaired or otherwise changed to comply with such codes; or, in the sole discretion of the City, the City may determine the expense necessary for such modification and the person wishing to bring the building into the City or move it within the City may post a cash bond for the amount of funds reasonably anticipated to hire a contractor to make such changes and/or remove the building and any foundation; or, to post a bond in the same amount with a surety to the City. A bond in the amount of five thousand dollars ($5,000.00) for manufactured homes or a bond in the sum of ten thousand dollars ($10,000.00) for all other types of single-family dwellings shall be presumed to be reasonable minimum amounts. For all other buildings, the amount shall be set by the Community Development Director. The owner of the building may appeal the decision of the Minidoka County Building Official to the City Council if the owner believes the bond amount to be excessive. Such appeal shall be in writing, delivered to the City Clerk. (Ord. 2026-3, 3 Mar 2026)

2-3-4: BOND FORFEITURE:

In the event that the owner of the building posts such a bond and fails within one hundred eighty (180) days to make the corrections, changes, repairs or improvements as required, such bond shall be forfeited to the City. (Ord. 2026-3, 3 Mar 2026)

2-3-5: CITY’S REMEDIES:

Bond forfeiture does not prevent the City from taking such other legal action as is necessary to abate any private or public nuisance or otherwise require removal of the structure from the City at the expense of the owner or person bringing the structure within the City. (Ord. 2026-3, 3 Mar 2026)

2-4: ELECTRICAL SAFETY CODE:

2-4-1: ADOPTION OF NATIONAL ELECTRICAL SAFETY CODE:

To provide for the safeguarding of persons and property from the hazards arising from the installation, operation, or maintenance of: a) conductors and equipment in electric supply stations, and b) overhead and underground electric supply and communication lines, the City hereby adopts the most current edition of the National Electrical Safety Code as promulgated by the Institute of Electrical and Electronics Engineers, Inc., and the American National Standards Institute as currently adopted by the State of Idaho. Each such edition shall be deemed superseded by successive versions as they are adopted or approved by the State of Idaho, effective on the 1st day of January the year following the date any such edition is made effective for the State of Idaho, unless a different date is required by state statute. (Ord. 2026-3, 3 Mar 2026; Ord. 2026-5, 5 May 2026)

2-4-2: CLERK TO MAINTAIN A COPY:

As provided by Idaho law, the City Clerk shall maintain one copy of said code. (Ord. 2026-3, 3 Mar 2026)

2-4-3: ENFORCEMENT, REMEDIES, AND PENALTIES:

The Minidoka County Building Official and/or his designee(s) shall be and are empowered to conduct inspections and to seek and obtain enforcement of the provision of this chapter as it may be applicable. The City reserves all rights at law and equity for the enforcement of this chapter, including the seeking of damages and/or injunction or both. Any violation of the provisions of this chapter shall constitute a misdemeanor. (Ord. 2026-3, 3 Mar 2026)

2-5: REGULATIONS FOR USE OF PUBLIC EASEMENT:

2-5-1:  PURPOSE AND INTENT:

The purpose of this Chapter is to regulate and control the use of public easement within applicable laws to:

A.  Establish a policy concerning the use of public easement by providers or other persons. 

B.  Establish clear local guidelines, standards, and time frames for the exercise of local authority with respect to the regulation of providers or other persons;

C.  Promote competition;

D.  Encourage the provision of advanced and competitive services on the widest basis to the businesses, institutions, and residents;

E.  Permit and manage reasonable access to the public easements of the city for telecommunications or other purposes on a competitively neutral basis;

F.  Assure that all providers or other persons constructing, repairing, or maintaining facilities within the easements comply with ordinances, rules, and regulations; and

G.  Assure the City can continue to fairly and responsibly protect the public health, safety, and welfare.  (Ord. 2026-3, 3 Mar 2026)

2-5-2:  DEFINITIONS:

For the purpose of this Chapter, the interpretation and enforcement thereof, the following words and phrases shall have the following meanings, unless the context of the sentence in which they are used shall indicate otherwise.  When not inconsistent, words in present tense include future, words in plural include singular, singular include plural.  Words not defined shall be given their common and ordinary meaning:

APPLICANT:  Any person or entity that applies for any permit pursuant to this Chapter. 

CITY:  The City of Minidoka, Minidoka County, Idaho or its authorized designees.

CITY PROPERTY:  All real property owned by the City or dedicated for a specific purpose, other than public ways and utility easements as those are defined herein.  City property shall include, for example, all City-owned poles, buildings and antenna support structures and infrastructure outside of the public ways, provided that additional Agreements, Pole Attachment Agreements or Leases with the City shall be required for their use. 

EASEMENT: As used in this chapter and in title 9 of this Code, shall mean an easement granted to or reserved by the City for municipal or public purposes, including, but not limited to: access to City property; use of land for access by the City to utilities, or use of land to place City utilities upon; or access to utilities or use of land by franchisees or use by other authorized third party utility providers, as provided in Idaho Code section 50-329A, or by other providers or persons, or otherwise provided by law.

ENCROACHMENT: Any impermissible or unlawful use of an easement. It includes any unauthorized use of an easement, including, but not limited to: construction of unauthorized structures upon an easement; unauthorized blocking of any easement or unauthorized restriction of access or use of same; an expansion of use beyond the grant of use; use of the easement for purposes not granted or reserved by the City; or any other improper use or any misuse of the easement as defined by law.

PERMIT:  The authorization in whatever form whereby the City may grant permission for construction to a provider or other person to enter and use the specified public ways for the purpose of installing, maintaining, operating, repairing, or removing facilities. 

PERSON:  Includes any natural person, sole proprietorship, joint venture, corporations, associations, partnerships, limited liability companies, and any other form of entity.  Person shall not include the City.

PROVIDERS:  Include all broadband, telecommunications, video service, telephone, gas, electric, and other utility service and infrastructure providers.

STATE:  State of Idaho

TELECOMMUNICATIONS PROVIDER:  A telecommunications service provider or infrastructure provider, or both, as applicable.

TELECOMMUNICATIONS SERVICE:  As defined in 47 U.S.C. 153(53). (Ord. 2026-3, 3 Mar 2026)

2-5-3: CONTROL AND USE OF EASEMENTS:

A.  Exclusive Control.  All City easements are and at all times hereafter remain under the exclusive control of the City, unless otherwise herein provided.  The City’s consent or other permission to use an easement does not negate the City’s continuing right of control or supervision of the easement and its use. 

B.  Use.  No structure use restriction of any kind is permitted upon a City easement except as herein provided.  Access over a City easement shall be only as permitted by the City as herein provided or as established by policy of the City. 

C.  Sheds, doghouses, and other structures not requiring a building permit.  Sheds, doghouses, and other similar structures (like fences, etc.), which do not require a building permit, may be placed on a City easement upon the following conditions:

1.  Such sheds or doghouses, etc., must be placed on skids or are otherwise not permanently affixed or anchored to the ground or to concrete or other permanent foundation. 

2.  Any fence constructed on an easement must, in the opinion of the City, not be burdensome for the City to negotiate around to use or access the easement and also, must have an unlocked access gate or doorway to the easement of the size and type approved by the City. 

3.  The owner of the encroaching structure must sign an acknowledgement with the City, in a form approved by the City, that provides for a hold harmless covenant in favor of the City in the event that the City, in its discretion, decides that the shed or structure must be moved or destroyed in order to make use of the easement.  Such agreement shall cover the items in or with the structure as well.  The agreement will also provide for the removal of the structure by the City will occur at the cost of the owner and in case of emergency, could occur without prior notice. 

4.  The structure must be used for a lawful purpose and may not constitute a private or public nuisance.

5.  The structure cannot store hazardous or toxic substances or any other substance if the intentional or inadvertent release of such would violate any environmental protection laws.

6.  The structure cannot be used for human occupancy.

7.  Consent to allow a structure to be placed on an easement lies in the sole discretion of the City and can be revoked at any time.

D.  Structures Requiring a Building Permit.  Unless otherwise herein permitted, a structure which requires a building permit to be built or which is placed on or attached to a foundation or otherwise anchored to the ground or any other encroaching structures not described in subsection C of this section may not be placed on a City easement.  If the encroaching structure is not removed voluntarily by the landowner, then the City may undertake legal proceedings to have it removed, unless an emergency occurs which, in the City’s opinion, requires its immediate removal, at which point the City will accomplish the removal without notice and at the expense of the owner of the structure. 

E.  Public Utility Structures:

1.  Access.  Public utilities or other utility providers, as contemplated in Idaho Code 50-329A or other persons, are granted access to City’s easements as herein provided.

2.  Multiple uses.  Easements can, as the City permits, be used for multiple utility uses, such as for access and also to provide for more than one buried or overhead utilities services or other facilities.  In the case of multiple uses, consent for uses will generally be on a “first come, first served” basis, unless determined otherwise by the City, in its sole discretion, as to the needs of the City.  Multiple users of utility easements are expected to use the facilities cooperatively and with due consideration to other uses and to make accommodations as needed to permit multiple uses of an easement. 

3.  City is sole arbiter.  The City is the sole arbiter of use of the easement and also as to questions of joint use between lawful users.

F.  No prescriptive rights.  No party may gain prescriptive rights as to the use or occupancy of an easement nor any change or use or expansion of use. 

G.  Consent not implied.  Consent to use or encroach upon an easement shall not be implied.  All use of an easement must be by consent or other permission or grant of use and must be made in writing from the City.

H.  Agreement for use.  Other than use of an easement by the City itself, use of an easement must be by written agreement approved by the City.  Abandonment of use of an easement for more than two (2) years shall require a new written agreement to establish use. 

I.  Consent to permit encroachments.  On occasion the City, in its sole discretion, may consent to an encroachment on an easement.  The following minimum considerations will apply:

1.  The structure must have been in continuous use for at least the last ten (10) years.

2.  The structure must be in good repair and not otherwise abandoned. 

3.  If the structure is either destroyed or becomes dilapidated, it must be removed and a replacement structure cannot be erected in its place unless the replacement structure is qualified for use under this section.

4.  At the end of the useful life of the structure, no replacement structure may be erected in its place.

J.  Lawful uses.  Lawful uses of easements for public utility, video telecommunications or broadband purposes shall be deemed to be uses consented to by the City and no new written application is required; however, a permit is required and must be paid for by the provider.  (Ord. 2026-3, 3 Mar 2026)

2-5-4: FEE AND COST REIMBURSEMENT

A.  A person or entity seeking a permit, franchise, or agreement for the use of City Easement or other property for facilities shall:

1.  Reimburse the City for fees, costs, and expenses incurred by the City for application reviews, plan reviews, review and administration of applicable permits, testing, and inspection within the City.  This includes, by way of illustration and not limitation, concrete plant mix; pavement placement; sidewalk replacement; landscaping repair including sod, irrigation lines, sprinklers, shrubs, and trees; traffic control set up; street restoration; graffiti removal; clean-up; public safety. 

2.  Pay to the City a non-refundable fee to cover the cost of all direct and indirect administrative expenses and staff efforts devoted to developing, drafting, negotiating, and finalizing a franchise or agreement for the use of City Easement or other property for its facilities;

3.  Reimburse the City for all out-of-pocket processing costs, including but not limited to the cost of publication of notices related to the franchise or agreement for the use of City Easement or other property for their facilities;

4.  Reimburse the City for the City’s reasonable outside attorney fees, consultant fees, and expenses incurred in developing, drafting, negotiating, and finalizing the franchise or other agreement for use of City Easement or other property for their facilities; and

5.  Pay all franchise fees, other fees, and taxes as permitted by Federal and State Law.

B.  The fees, taxes, and costs paid shall not be offset against any franchise fees or other amounts payable to the City during the term of the franchise or agreement.  All payments are due within thirty (30) days of written notice from the City. (Ord. 2026-3, 3 Mar 2026)

2-5-5: BUSINESS LICENSE:

A City business license is required for all providers, unless specifically waived by the City.  (Ord. 2026-3, 3 Mar 2026)

2-5-6: PERMIT REQUESTS:

Requests for permits to install, maintain, operate, repair, and remove facilities shall be submitted to the City upon forms to be provided by the City and shall be accompanied by drawings, plans, and specifications in sufficient detail to demonstrate:

A.  The installation, maintenance, operation, repair, or removal of facilities will be in accordance with all applicable codes, rules, and regulations;

B.  Preliminary engineering plans, specifications, and a map showing where the facilities are to be located within the City, all in sufficient detail to identify:

1.  Location and route requested for the proposed facilities. 

2.  Location of the overhead and underground lines and equipment in the public ways along the proposed route.

3.  Specific trees, structures, improvements, facilities, lines, equipment, and obstructions, if any, that the applicant proposes to temporarily or permanently remove or relocate and a landscape plan for protecting, trimming, removing, replacing, and restoring any trees or areas to be disturbed during construction. 

C.  If a provider is proposing underground installation with new ducts or conduits to be constructed within the public ways, the following shall be provided;

1.  Location proposed for new ducts or conduits;

2.  Evidence that there is sufficient capacity within the public ways for the proposed facilities.

D.  Construction methods to be employed for protection of existing structures, fixtures, lines, and other facilities within or adjacent to the public ways or easements.

E.  Proposed construction schedule and work hours which may be limited by the City for public health, safety, and welfare related issues.  (Ord. 2026-3, 3 Mar 2026)

2-5-7:  TRAFFIC CONTROL PLAN:

Any permit which involves work on, in, under, across, or along any public way shall be accompanied by a traffic control plan demonstrating the protective measures and devices that will be employed, consistent with the Manual on Uniform Traffic Control Devices, to prevent injury or damage to persons or property and to minimize disruptions to efficient pedestrian and vehicular traffic.  The traffic control plan must be approved prior to approval of the permit. (Ord. 2026-3, 3 Mar 2026)

2-5-8:  ROAD CLOSURE:

A permittee must coordinate with the City forty-eight (48) hours before any lane, sidewalk, or road closure and obtain reasonable permission for the closure. (Ord. 2026-3, 3 Mar 2026; Ord. 2026-5, 5 May 2026)

2-5-9:  TERMS AND CONDITIONS:

A.  All work being performed within City Easement is subject to inspection whether by City or by its representative.  Providers shall notify adjacent residents and businesses of proposed work and make accommodations to maintain access to properties affected by construction activity. 

B.  Open trenches are protected to prevent accidental ingress by people, animals, or vehicles. 

C.  Contractor will provide City with compaction reports for all backfill activities. 

D.  Unless stated in the permit, the permit is granted for one hundred eighty (180) calendar days and all work must be completed in that time.  Applicant or permittee may apply for an extension.  Any work, repairs, or remediation not completed in time shall be subject to a $100 weekly inspection fee until work has been completed to the satisfaction of City.

E.  Failure to abide by the terms and conditions of a permit or of any associated agreement is considered due cause for revoking a permit. 

F.  Permittee shall file, at least quarterly, a statement of system construction and build-out to date, and as-built maps of underground and aerial build-out and per linear foot distances and locations in a GIS format acceptable to the City.

G.  Providers are limited to three (3) open permits in process at one time.  Where the maximum number of approved permits are open, the City will not approve a new permit until complete restoration of the Easement, sidewalks, curbs, gutters, roads, and to the extent applicable, work done on affected private property, occurs. 

H.  As practicable and economically feasible, the construction and location of facilities shall be of minimal impact to private property including, but not limited to, yards and fences.  All construction and maintenance of any and all facilities on private property shall be and remain the responsibility of the providers or other persons.  Prior to beginning any construction, notice shall be provided at least five (5) days before commencing work by door hanger or other appropriate written notice to all private property owners.  Gates shall not be left open, yards in disarray, or fences hopped. 

I.  When any opening is made in a yard on private property or fences are disturbed, such shall be promptly restored to as good or better condition than that existing before the work commenced.  If the permittee or provider fails to complete the work referred to within the time prescribed and to the City’s satisfaction, the City may cause such work to be done and bill the cost of the work to the provider.  Payment shall be remitted to the City within thirty (30) days of receipt of an itemized list of costs.  All work shall be done in compliance with all laws, regulations, and ordinances of the City and State.

J.  The transmission and distribution system, lines, wires, and appurtenances of the provider shall be located, installed, and maintained so as not to endanger or interfere with the lives of persons or to unnecessarily hinder or obstruct the free use of private property, City or other easements, or other public property. (Ord. 2026-3, 3 Mar 2026)

2-5-10:  FRANCHISE OR OTHER AGREEMENT REQUIRED:

In addition to obtaining any and all requisite permits from the City, a provider desiring to place its facilities in easements or public ways must first obtain a Franchise or other Agreement from the City, unless a specific exception is clearly provided by Federal or State law. (Ord. 2026-3, 3 Mar 2026)

2-5-11:  LEASE OR OTHER AGREEMENT REQUIRED:

In addition to obtaining any and all requisite permits from the City, providers desiring to place their facilities on City property (other than public easements) must first obtain a Lease or other Agreement from the City. (Ord. 2026-3, 3 Mar 2026)

2-5-12:  RELIEF:

The City may seek legal or equitable relief to enjoin any acts or practices and abate any condition which constitutes or will constitute a violation of the applicable provisions of this Chapter.  Violation of the terms of this Chapter may also result in the revocation of any permit or franchise or other agreement granted hereunder. (Ord. 2026-3, 3 Mar 2026)

2-5-13:  FEES AND COMPENSATION NOT A TAX:

The franchise fees and charges provided for or any compensation charged and provided for herein, whether monetary or in-kind (to the extent permitted by law), are separate from, and additional to, any and all Federal, State, local, and City taxes as may be lawfully levied, imposed or be due from a provider, its customers, or subscribers, or on account of the sale, delivery, or transmission of service. (Ord. 2026-3, 3 Mar 2026)

2-5-14:  NONEXCLUSIVE GRANT:

No permit issued hereunder shall confer any exclusive right or privilege to occupy or use the public way or easement for delivery of services or any other purposes. (Ord. 2026-3, 3 Mar 2026)

2-5-15:  POLICE POWER:

In accepting any permits issued hereunder, the provider acknowledges that its rights thereunder are subject to the legitimate rights of the police power of the City to adopt and enforce general ordinances necessary to protect the safety, health, and welfare of the public, it being understood that such exercise must be done in accordance with applicable law and be related to use and management of public ways or easements. (Ord. 2026-3, 3 Mar 2026)

2-5-16:  REGULATION BY THE CITY:

In addition to the inherent powers of the City to regulate and control any permit it issues, and those powers expressly reserved by the City, or agreed to and provided in any permit, the right and power is hereby reserved by the City to adopt such additional regulations as it may find necessary in the exercise of its lawful powers to manage the public ways or easements. (Ord. 2026-3, 3 Mar 2026)

2-5-17:  CODES:

Construction of facilities shall be done in accordance with all applicable Federal, State, and local laws, codes, rules, and regulations. (Ord. 2026-3, 3 Mar 2026)

2-5-18:  COMPLIANCE WITH ONE-NUMBER LOCATOR SERVICE:

All providers or other persons shall, before commencing any construction in the public way or easement, comply with Idaho DIGLINE (“Idaho 811”).  Underground utilities must be located and marked prior to any trenching or boring work. (Ord. 2026-3, 3 Mar 2026)

2-5-19:  NOTICE OF WORK EMERGENCIES:

In the event of an unexpected repair or emergency, a provider may commence such repair and emergency response work as required under the circumstances, provided the provider shall notify the City as promptly as possible, including on-call, before such repair or emergency work commences or as soon thereafter as possible, if advance notice is not practicable.  Further, the provider shall apply for a permit and pay all associated fees as soon as the emergency is abated. (Ord. 2026-3, 3 Mar 2026)

2-5-20:  MOVING A BUILDING:

Whenever any Person shall have obtained permission from the City to use any public easement for the purpose of moving any building, a provider upon seven (7) days written notice from the City shall raise or remove, at the expense of the Person desiring to move the building, any of the provider’s facilities which may obstruct the moving or removal of such building; provided, that the Person desiring to move the building shall comply with all requirements of the City of the movement of buildings and remit the applicable cost of raising or removing the facilities prior to the commencement of such work. (Ord. 2026-3, 3 Mar 2026)

2-5-21:  CITY DAMAGE TO FACILITIES:

Unless directly or proximately caused by the sole negligence or willful misconduct of the City, City shall not be liable for any damage to any facilities within the public easement as a result of or in connection with any public works, public improvements, construction, excavation, grading, filling, or work of any kind within the public easement by or on behalf of the City. (Ord. 2026-3, 3 Mar 2026)

2-5-22:  RESTORATION:

A.  When a provider or other Person does any work in or affecting any public easement, it shall, at its own expense, promptly remove any obstructions therefrom and restore such public easement to the condition as existed before the work was undertaken.

B.  If weather or other conditions do not permit the complete restoration required by this subsection, the provider shall temporarily restore the affected public easement.  Such temporary restoration shall be at the provider’s sole expense and the provider shall promptly undertake and complete the required permanent restoration when the weather or other conditions no longer prevent such permanent restoration. 

C.  A provider or other person acting on its behalf shall use suitable barricades, flags, flaggers, lights, flares, and other measures as required for the safety of all members of the general public and to prevent injury or damage to any Person, vehicle, or property by reason of such work in or affecting such public ways.

D.  The City Public Works and Community Development Departments shall be responsible for inspection and final approval of the condition of the public easement following any construction and restoration activities. 

E.  Whenever a provider intends to discontinue using any facility within an easement, it shall submit for approval a complete description of the facility and the date on which it intends to discontinue using the facility.  The provider may remove the facility or request the City permit it to remain in place.  Notwithstanding a request that any such facility remain in place, the City may require removal of the facility from the easement or modify the facility to protect the public health, welfare, safety, or convenience, or otherwise serve the public interest at no cost to the City.  The City may require a combination of modification and removal of the facility.  The provider shall complete such removal or modification in accordance with a schedule as set by the City.  Until such time as removal or modification of the facility occurs as directed by the City, or until the rights to and responsibility for the facility are accepted by another person having authority to construct and maintain such facility, the provider shall be responsible for all necessary repairs and relocations of the facility, as well as maintenance of the easement, in the same manner and degree as if the facility were in active use, and shall retain all liability for such facility.  If the provider abandons its facilities, the City may choose to use such facilities for any purpose whatsoever. 

F.  If the provider fails to complete any required work to the satisfaction of the City, the City may cause the work to be done, and the provider shall reimburse the City for the reasonable costs and expenses incurred within thirty (30) days after receipt of an itemized list of the City’s expenses and costs, or the City may recover its expenses and costs from the bonds or pursue any other judicial remedies for the collection thereof.  Any expenses incurred in the collection by the City of such obligation shall be included in the monies due the City including reasonable attorney fees, court costs, and expenses for work conducted by City staff or its agents. (Ord. 2026-3, 3 Mar 2026)

2-5-23:  FIBER CAPACITY:

A telecommunication provider shall have the right, without prior City approval, to offer or provide fiber capacity or bandwidth to other carriers, resellers, customers, or subscribers consistent with such permit; provided, however, that the telecommunication provider shall remain responsible for the compliance with this Chapter and such permit, and provided that the other carrier or reseller must obtain any necessary Franchise or other Agreement required by the City. (Ord. 2026-3, 3 Mar 2026)

2-5-24:  INSURANCE:

A.  Each provider shall secure and maintain the following insurance policies insuring both the provider and the City against claims for death or injuries to Persons or damage to property which may arise from or in connection with the acts, omissions, or exercise of the rights, privileges, and authority granted to the provider:

1.  Comprehensive general liability insurance, written on an occurrence basis, with limits not less than: a) three million dollars ($3,000,000) for bodily injury or death to each Person; and b) three million dollars ($3,000,000) for property damage resulting from any one accident;

2.  Automobile liability insurance for owned, non-owned, and hired vehicles with a combined single limit of three million dollars ($3,000,000) for each accident;

3.  Worker’s compensation within statutory limits and employer liability insurance with limits of not less than one million dollars ($1,000,000);

4.  Excess umbrella liability with limits of no less than five million dollars ($5,000,000) per occurrence and in the aggregate.

B.  Insurance shall be placed with insurers licensed to do business in the State with an A.M. Best rating of A VII or better.  The liability insurance policies required by this subsection shall be maintained by the provider throughout the term of the permit, and such other period of time during which the provider has facilities in the public easement or is engaged in the removal of its facilities.  Failure to maintain such insurance shall be grounds for cancellation of the permit, Franchise, or Agreement.  The provider shall furnish acceptable certificate(s) of insurance, together with the endorsement naming the City to the City prior to the commandment of any work or installation of any facilities pursuant to any permit. 

C.  The provider’s insurance shall be primary and noncontributory insurance as respects the City.  Any insurance maintained by the City shall be in excess of the provider’s insurance and shall not contribute with it.  Maintenance of insurance shall not be construed to limit the liability of the provider to the coverage provided by such insurance or otherwise limit the City’s recourse to any remedy available at law or in equity. 

D.  In addition to the coverage requirements set forth in this subsection, the provider must notify the City in writing of any cancellation or reduction in coverage at least forty-five (45) days in advance.  At least fifteen (15) days prior to cancellation or reduction in coverage, the provider shall obtain and furnish to the City replacement insurance and certificate(s) of insurance meeting the requirements of this section.

E.  All insurance policies shall contain a waiver of subrogation against the City for any claims arising out of the provider’s work or service.  The provider shall be responsible for all deductibles under the policies. (Ord. 2026-3, 3 Mar 2026)

2-5-25:  INDEMNIFICATION:

A.  A provider shall indemnify, protect, defend, and hold harmless the City from any and all actions, causes of action, suits, claims, costs, damages, expenses, attorney fees, judgments, settlements, awards, or liability to any Person or entity arising from injury, sickness, or death of any Person or damage to property arising out of the acts or omissions of the provider, its contractors of any tier, agents, servants, officers, or employees with regard to a permit, Franchise, Agreement, or operations. 

B.  Inspection or acceptance by the City of any work performed by the provider at the time of completion of construction shall not be grounds for avoidance of any of these covenants of indemnification.  Provided, that the provider must be given written notice by the City of any such claim, and said indemnification obligations shall also extend to claims which are not reduced to a suit and any claims which may be compromised prior to the culmination of any litigation or the initiation of any litigation.  The City has the right to defend or participate in the defense of any such claim and has the right to approve any settlement or other compromise of any such claim.

C.  In the event that the provider refuses the tender of defense in any suit or claim, said tender having been made pursuant to this subsection, and said refusal is subsequently determined by a court having jurisdiction (or such other tribunal that the parties agree to decide the matter), to have been a wrongful refusal on the part of the provider, then the provider shall pay all of the City’s costs for defense of the action, including all expert witness fees, attorney fees, and expenses. 

D.  The obligations of the provider under the indemnification provisions of this subsection shall apply regardless of whether liability for damages arising out of bodily injury or death to Persons or damages to property were caused or contributed to by the negligence of the City, its officers, agents, employees or contractors.  The court shall apportion liability accordingly. (Ord. 2026-3, 3 Mar 2026)

2-5-26:  LIMITATION OF DAMAGES:

In no event shall the City be liable for any indirect, incidental, special, consequential, exemplary, or punitive damages, including by way of example and not limitation lost profits, lost revenue, loss of goodwill, or loss of business opportunity in connection with the City’s performance or failure to perform.  The provider releases and waives any and all such claims against the City. (Ord. 2026-3, 3 Mar 2026)

2-5-27:  CONSTRUCTION BOND:

Providers performing work in the public ways must also provide a construction bond acceptable to the City equal to at least one hundred fifty percent (150%) of the estimated cost of each phase of construction and restoring the public ways to their pre-construction condition. (Ord. 2026-3, 3 Mar 2026)

2-5-28:  COORDINATION OF CONSTRUCTION ACTIVITIES:

All providers are required to cooperate with the City and with each other in coordination of construction activities.  The City Public Works and Community Development Departments shall coordinate all construction locations, activities, and schedules to minimize public inconvenience, disruption, or damage to public easement. (Ord. 2026-3, 3 Mar 2026)

2-5-29:  ASSIGNMENT OR TRANSFER:

Ownership or change in control of a permit, Franchise, or Agreement granted hereunder may not occur, directly or indirectly, or be transferred, assigned or disposed of by sale, merger, consolidation, or other act of a provider, without the prior written consent of the City, which shall not be unreasonably withheld. (Ord. 2026-3, 3 Mar 2026)

2-5-30:  ADDITIONAL DUCTS OR CONDUITS:

City may require a provider that is constructing, relocating, or placing ducts or conduits in the public easement provide the City with additional ducts or conduits and related structures necessary to access the same.  The terms and conditions under which such additional ducts and conduits shall be provided are subject to the mutual written agreement of the provider and City. (Ord. 2026-3, 3 Mar 2026)

2-5-31:  CITY APPROVAL:

Upon completion of any construction, installation, maintenance, repair or replacement work, the permittee shall, to the satisfaction of the City, promptly repair and restore any and all public ways, City property and private property including improvements, fixtures, structures, and other facilities in the public easement, to as nearly as practicable their condition before the start of such work.  All providers shall warrant such work for a period of at least one (1) year. (Ord. 2026-3, 3 Mar 2026)

2-5-32:  ABOVE-GROUND FACILITIES:

Installation in the public easement of above-ground wires and facilities by providers may create safety hazards and adverse visual effects.  Consequently, the City is authorized to impose reasonable conditions in order to mitigate those potential adverse effects. (Ord. 2026-3, 3 Mar 2026)

2-5-33: UNDERGROUND CONSTRUCTION AND BORING TECHNIQUES:

All underground construction and boring techniques are subject to the pre-approval of the City Engineer.  In the event of non-compliance by a provider, the City Engineer shall give written notice and the provider shall have ten (10) days to cure the deficiency.  If the deficiency is not cured to the satisfaction of the City Engineer, a written stop work order will be sent to the provider and no new permits will be issued until the deficiency or default is cured to the satisfaction of the City. (Ord. 2026-3, 3 Mar 2026)

2-5-34: CONFLICT:

In the event of a conflict between the regulations in this Chapter and any other provision of City Code, the regulations in this Chapter shall prevail. This conflict provision does not apply to penalty provisions, licensing requirements, or other provision of City Code that are not directly related to the use and management of public easements. (Ord. 2026-3, 3 Mar 2026; Ord. 2026-5, 5 May 2026)

2-5-35:  SEVERABILITY:

If any section, subsection, clause, or phrase of this Chapter, or its application to any Person or circumstance, is, for any reason, declared invalid, in whole or in part by any court or agency of competent jurisdiction, said decision shall not affect the validity of the remaining portions. (Ord. 2026-3, 3 Mar 2026)