|
|
|
Juliaetta City Code
Title 1 General Provisions
Title 2 Administration and Personnel
Title 3 Revenue and Finance
Title 4 Reserved
Title 5 Business Licenses and Regulations
Title 6 Animals
Title 7 Reserved
Title 8 Health & Safety
Title 9 Public Peace & Welfare
Title 10 Vehicles and Traffic
Title 11 Reserved
Title 12 Streets, Sidewalks,and Public Places
Title 13 Public Services
Reserved
Title 15 Construction
Title 16 Subdivisions
Title 17 Zoning
Title 1 General Provisions
Chapters:
1.01 Code Adoption
1.04 General Provisions
1.08 City Boundaries
1.12 Official Newspaper and Official Depository
1.16 Elections
1.20 Initiative and Referendum
1.24 General Penalty
Chapter 1.01 CODE ADOPTION (Reserved)
Chapter 1.04 GENERAL PROVISIONS Sections: 1.04.010 Definitions. 1.04.020 Interpretation of language. 1.04.030 Grammatical interpretation. 1.04.040 Acts by agents. 1.04.050 Prohibited acts include causing and permitting. 1.04.060 Computation of time. 1.04.070 Construction. 1.04.080 Repeal shall not revive any ordinances. 1.04.010 Definitions. The following words and phrases, whenever used in the chapters of the city of Juliaetta, shall be construed as defined in this section unless from the context a different meaning is intended or unless a different meaning is specifically defined and more particularly directed to the use of such words or phrases: “City” means the city of Juliaetta, or the area within the territorial limits of the city, and such territory outside the city over which the city has jurisdiction or control by virtue of any constitutional or statutory provision. “Council” means the city council of the city of Juliaetta. All of the members or all of the council members means the total number of council members holding office. “County” means the county of Latah, Idaho. “Law” denotes applicable federal law, the Constitution and statutes of the state of Idaho, the ordinances of the city, and when appropriate, any and all rules and regulations which may be promulgated there under. “May” is permissive. “Month” means a calendar month. “Must and shall” are each mandatory. “Oath” includes an affirmation or declaration in all cases in which, by law, an affirmation may be substituted for an oath, and in such cases the words, “swear” and “sworn” shall be equivalent to the words “affirm” and “affirmed”. “Owner” applied to building or land, includes any part owner, joint owner, tenant in common, joint tenant, tenant by the entirety, of the whole or a part of such building or land. “Person” includes a natural person, joint venture, joint stock company, partnership, association, club, company, corporation, business, trust, organization, or the manager, lessee, agent, servant, officer or employee of any of them. “Personal property” includes money, goods, chattels, things in action and evidences of debt. “Preceding and following” means next before and next after, respectively. “Property” includes real and personal property. “Real property” includes lands, tenements and hereditaments. “Sidewalk” means that portion of a street between the curb line and the adjacent property line intended for the use of pedestrians. “State” means the state of Idaho. “Street” includes all streets, highways, avenues, lanes, alleys, courts, places, squares, curbs or other public ways in the city which have been or may hereafter be dedicated and open to the public use or such other public property so designated in any law of this state. “Tenant and occupant” applied to a building or land, include any person who occupies the whole or a part of such building or land, whether alone or with others. “Written” includes printed, typewritten, mimeographed, multigraphed, or otherwise reproduced in permanent visible form. “Year” means a calendar year. (Ord. 2002-04 § 1)
1.04.020 Interpretation of language. All words and phrases shall be construed according to the common and approved usage of the language, but technical words and phrases and such others as may have acquired a peculiar and appropriate meaning in the law shall be construed and understood according to such peculiar and appropriate meaning. (Ord. 2002-04 § 2)
1.04.030 Grammatical interpretation. The following grammatical rules shall apply in the ordinances of the city unless it is apparent from the context that a different construction is intended: A. Gender. Each gender includes the masculine, feminine and neuter genders. B. Singular and Plural. The singular number includes the plural and the plural includes the singular. C. Tenses. Words used in the present tense include the past and the future tenses and vice versa, unless manifestly inapplicable. (Ord. 2002-04 § 3)
1.04.040 Acts by agents. When an act is required by an ordinance, the same being such that it may be done as well by an agent as by the principal, such requirement shall be construed to include all such acts performed by an authorized agent. (Ord. 2002-04 § 4)
1.04.050 Prohibited acts include causing and permitting. Whenever the ordinances of the city, or any act or omission is made unlawful, it shall include causing, allowing, permitting, aiding, abetting, suffering or concealing the fact of such act or omission. (Ord. 2002-04 § 5)
1.04.060 Computation of time. Except when otherwise provided, the time within which an act is required to be done shall be computed by excluding the first day and including the last day, unless the last day is Sunday or a holiday, in which case it shall also be excluded. (Ord. 2002-04 § 6)
1.04.070 Construction. The provisions of the ordinances of the city, and all proceedings under them are to be construed with a view to effect their objects. (Ord. 2002-04 § 7)
1.04.080 Repeal shall not revive any ordinances. The repeal of an ordinance shall not repeal the repealing clause of an ordinance or revive any ordinance which has been repealed thereby. (Ord. 2002-04 § 8)
Chapter 1.08 CITY BOUNDARIES
Sections: 1.08.010 Legal description--City limits. 1.08.010 Legal description--City limits. A parcel of land in Sections 3, 4, 9 and 10, Township 37 North, Range 3 West, Boise Meridian, County of Latah, State of Idaho more particularly described as follows: Commencing at the southeast corner of Section 9 marked by a rebar; thence South 88°33’27” West, 990.28 feet, along the south line of said Section 9, to the True Point of Beginning, being a point on the Nez Perce County, Latah County line. Thence continuing South 86°33’27” West, 272.16 feet, along said south line of Section 9, to the southwest corner of the Southeast one-quarter of the Southeast one-quarter, marked by a rebar; thence North 00°4’52” East, 2589.37 feet along the west line of the east one-half of the Southeast one-quarter to the northwest corner of said east one-half of the Southeast one-quarter, marked by a rebar; thence North 00°14’46” East, 2615.65 feet along the west line of the east one-half of the Northeast one-quarter to the northwest corner of said east one-half of the Northeast one-quarter, marked by a rebar; thence North 00°43’05” West, 1139.28 feet along the west line of the Southeast one-quarter of the Southeast one-quarter to a rebar; thence North 88°34’12” West, 152.83 feet to a rebar; thence North 69°45’57” West, 58.19 feet to a rebar; thence North 59°14’00” West, 96.00 feet to a rebar; thence North 00°00’00” West, 67.00 feet to a rebar on the south line of the Northwest one-quarter of the Southeast one-quarter; thence South 89°07’31” West, 583.11 feet, along the south line of said Northwest one-quarter of the Southeast one-quarter, to a rebar; thence North 00°43’06” West, 781.01 feet to a rebar; thence North 88°56’10” East, 871.22 feet to a rebar on the east line of said Northwest one-quarter of the Southeast one-quarter; thence North 00°43’05” West, 500.00 feet along said east line, to the Southeast corner of the Southwest one-quarter of the Northeast one-quarter, marked by a rebar; thence South 88°56’10” West, 265.42 feet, along the south line of said Southwest one-quarter of the Northeast one-quarter, to a rebar; thence North 20°21’37” East, 439.40 feet to a rebar; thence North 57°45’25” West, 556.20 feet to a rebar; thence North 00°00’00” West, 135.84 feet to a rebar; thence North 89°34’41” West, 54.76 feet to a rebar; thence North 67°20’21” West, 439.96 feet to a rebar; thence North 33°00’00” West, 270.00 feet to a rebar; thence North 63°00’00” East, 200.00 feet to a rebar; thence North 31°48’51” East, 516.02 feet to a rebar; thence North 22°28’30” West, 132.45 feet to a rebar; thence North 75°15’53” East, 119.77 feet to a rebar; thence North 59°47’23” East, 87.20 feet to a rebar; thence South 69°44’31” East, 51.19 feet to a rebar; thence South 52°16’50” East, 203.01 feet to a rebar; thence North 90°00’00” East, 94.l5 feet to a rebar; thence South 78°42’34” East, 295.30 feet to a rebar; thence North 00°24’23” East, 449.65 feet to a rebar near the southerly bank of the Middle Potlatch Branch; thence meandering along said southerly bank, South 58°00’00” East, 200.00 feet; South 76°00’00” East, 800.00 feet; South 68°00’00” East, 371.71 feet; South 76°00’00” East, 800.00 feet and North 82°17’13” East, 448.70 feet to a rebar on the westerly right-of-way line of Highway No. 3; thence South 56°22’50” East, 110.00 feet to a rebar on the easterly right-of-way of said Highway No. 3; thence North 33°37’10” East, 935.86 feet along said easterly right-of-way line to the westerly right-of-way line of the Northern Pacific Railroad right-of-way, marked by a rebar; thence South 67°06’06” East, 100.00 feet to the easterly right-of-way of said N.P. Railroad right-of-way, being a point on a 2182.30 foot radius curve concave easterly, a radial line to said point bears North 67°06’06” West; thence southerly along said easterly right-of-way line, along the arc of said curve whose chord bears South 21°24’00” West, 114.11 feet, through a central angle of 02°59’47”, a distance of 114.13 feet to the beginning of a tangent 2814.79 foot radius curve concave easterly; thence along the arc of said curve whose chord bears South 18°18’07” West, 157.19 feet, through a central angle of 03°12’00”, a distance of 157.21 feet to the beginning of a tangent 2098.59 foot radius curve concave easterly; thence along the arc of said curve whose chord bears South 11°25’15” West, 386.32 feet, through a central angle of 10°33’44”, a distance of 386.87 feet; thence South 83°51’37” East, 17.74 feet to the Nez Perce County, Latah County line; thence along said Nez Perce County, Latah County line, South 02°58’33” East, 1190.79 feet; South 10°44’32” West, 235.84 feet; South 52°23’39” West, 474.82 feet; South 31°20’32” West, 1307.49 feet; South 15°41’57” West, 732.84 feet; South 10°30’41” East, 755.57 feet; South 02°09’12” East, 317.10 feet; South 11°07’49” West, 528.81 feet; South 33°26’30” West, 1343.54 feet; South 18°50’40” East, 514.74 feet; South 18°30’54” West, 902.45 feet; South 10°33’11” West, 654.11 feet; South 20°59’09” West, 343.00 feet; South 31°49’30” West, 896.41 feet and South 05°01’40” West, 139.52 feet to the True Point of Beginning. Including any and all lands lying between the meander line and the Southerly bank of the Middle Potlatch Branch. Said parcel of land contains 435.15 acres more or less. (Ord. 2002-03 § 1) 1.08.010
Chapter 1.12 OFFICIAL NEWSPAPER AND OFFICIAL DEPOSITORY Sections: 1.12.010 Official newspaper designated. 1.12.020 Official depository designated. 1.12.010 Official newspaper designated. The Latah Eagle, a newspaper published at Potlatch, Idaho, is designated as the official newspaper of record for the city of Juliaetta. (Ord. 98-3 § 1) 1.12.020 Official depository designated. Wells Fargo Bank of Kendrick, Idaho is designated as the official depository for the funds of the city of Juliaetta. The treasurer is ordered, required and directed to keep monies belonging to or in the care of the city treasurer in the above named depository, provided, however, that when so authorized by the mayor and council, the treasurer may invest city funds in securities as authorized by law. (Ord. 2002-06 § 1: Ord. 136 § 1, 1967)
Chapter 1.16 ELECTIONS Sections: 1.16.010 Appointment of election judges and clerks. 1.16.010 Appointment of election judges and clerks. The city of Juliaetta and the city clerk shall appoint election judges and clerks for municipal elections in conformity with Idaho Code Section 50-409 and its successors. (Ord. 2002-13 § 1)
Chapter 1.20 INITIATIVE AND REFERENDUM Sections: 1.20.010 Creation of right. 1.20.020 Number of petitioners required. 1.20.030 Form of petitions. 1.20.040 Time for filing petitions. 1.20.050 Printing of petition and sheets for signatures. 1.20.060 Verification on sheets for signatures. 1.20.070 Examination and certification of signatures. 1.20.080 Sufficiency of petition, notification, effect of council action, election. 1.20.090 Form of ballot. 1.20.100 Conduct of election. 1.20.110 Costs of elections. 1.20.120 Canvass of returns. 1.20.130 Prohibited acts, penalties. 1.20.140 Penalty. 1.20.010 Creation of right. The people of this city shall have the right to enact ordinances through the initiative process, and to repeal ordinances through the referendum process, according to the procedures set forth herein. (Ord. 233 § 1, 1988) 1.20.020 Number of petitioners required. To enact an ordinance by initiative or to repeal an ordinance by referendum, there shall be attached or appended to the petition the signatures of the legal voters of the city equal to at least twenty (20) percent of the total number of electors who cast votes at the last general election in the city. (Ord. 2002-14 § 1 (part): Ord. 233 § 2, 1988) 1.20.030 Form of petitions. The initiative petition shall be in substantially the following form: Initiative Petition to the Mayor and Council of the City of Juliaetta, Idaho: “We, the undersigned citizens and legal voters of the City of Juliaetta, respectfully demand that the following proposed ordinance, to wit: (setting out full text of measure proposed) shall be submitted to the legal voters of the City of Juliaetta, for their approval or rejection at an election to be called in accordance with Idaho Code Section 50-501 (3), and each for himself says: I have personally signed this petition; I am a legal voter of the City of Juliaetta; my residence and post office are correctly written after my name.” Name ______________________ Street and No. _______________ P.O. _______________________ (Here follow numbered lines for signatures) The petition for referendum on any ordinance passed by the city council shall be in substantially the same form with appropriate title and changes, setting out in full the text of the ordinance to be referred to the people for their approval or rejection. (Ord. 233 § 3, 1988) 1.20.040 Time for filing petitions. Referendum petitions with the requisite number of signatures attached shall be filed with the city clerk not less than sixty (60) days following the final adoption of the ordinance to be subject to referendum. (Ord. 233 § 4, 1988) 1.20.050 Printing of petition and sheets for signatures. Time limits for perfection of petition: A. Before or at the time of initiating the circulation of any petition or referendum, the person or persons, organization or organizations under whose authority the petition is to be circulated, shall send or deliver to the city clerk a copy of such petition duly signed by at least twenty (20) electors eligible to sign such petition. The clerk shall immediately examine the petition and specify the form and kind and size of paper on which the petition shall be printed and circulated for further signatures. All petitions and sheets for signatures shall be printed on a good quality bond or ledger paper, on pages eight and one-half inches in width by thirteen (13) inches in length, with a margin of one and three-fourths inches at the top for binding, and the sheets for signatures, shall have numbered lines thereon from one to twenty (20) for signatures. B. The city clerk shall indicate in writing on the petition that he or she has approved it as to form, the clerk shall inform the person or persons, organization or organizations under whose authority the petition is to be circulated, in writing, that the petition must be perfected with the required number of certified signatures within sixty (60) days following the date of approval as to form. Any petition that has not been perfected with the required~ number of certified signatures within the sixty (60) days allowed shall be declared null and void ab initio in its entirety. (Ord. 233 § 5, 1988) 1.20.060 Verification on sheets for signatures. Each and every signature sheet of each petition containing signatures shall be verified on the face thereof in substantially the following form by the person who circulated said sheet of the petition, by his or her affidavit thereon, as a part thereof: State of Idaho ) ) County of Latah ) I, ________ swear, under penalty of perjury, that every person who signed this sheet of the foregoing petition signed his or her name thereto in my presence. I believe that each has stated his or her name and the accompanying required information on the signature sheet correctly, and that the person was eligible to sign this petition. Signature _____________________ Post Office Address _____________ Subscribed and sworn to before me this ____ day of ________, 19 ___ . (Notary Seal) Notary Public ___________ Residing at _____________ (Ord. 233 § 6, 1988) 1.20.070 Examination and certification of signatures. A. All petitions with attached signature sheets shall be presented on the same day to the city clerk, who shall make a cursory examination of them to determine whether the petitions apparently contain the necessary number of signatures. 1. If the total number of signatures on the petitions is not sufficient to satisfy the number required by Section 1.20.020, all petitions with attached signature sheets shall be retained by the city clerk who shall notify in writing the person filing the petition of the number of signatures needed and further signatures may be gathered, if within the time limit set by Section 1.20.050. 2. If the cursory examination of the signature sheets reveals: a. Erasures on any signature; b. Illegible or undecipherable signatures; c. Signatures not properly identified by all of the information required on the sheet; d. Duplicate signatures; e. Signatures of persons who have requested in writing to have their names removed from the petition. The city clerk shall summarily reject such signatures and they shall not be counted. Each rejected signature shall be drawn through with ink and initialed by the clerk. If the total number of signatures not rejected is not sufficient to satisfy the number required by Section 1.20.020, all petitions with attached signature sheets shall be retained by the clerk who shall notify in writing the person filling the petition of the number of signatures needed, and further signatures may be gathered, if within the time limit of Section 1.20.050. B. All petitions presented to the city clerk found to apparently contain the necessary number of signatures, after the cursory examination provided for above, shall be filed with the city clerk and become public records of the city not to be returned. The city clerk shall examine each such signature purported to be that of a registered elector of the city, and compare each such signature with the registration documents available to the city clerk. The city clerk shall summarily reject all signatures which are not the signatures of a registered elector of the city; and such rejected signatures shall not be counted. Each rejected signature shall be drawn through with ink and initialed by the city clerk. The city clerk within ten (10) days after the filing of the petition shall complete his or her examination. The city clerk shall certify each signature found to comply with all of the requirements of this chapter by an appropriate mark following each signature. The city clerk shall total the number of certified signatures, and if found to total the number of signatures required by Section 1.20.020, shall proceed as provided in Section 1.20.080. (Ord. 233 § 7, 1988) 1.20.080 Sufficiency of petition, notification, effect of council action, election. A. In the event that a petition filed with a city clerk does not contain the required number of certified signatures, the city clerk shall inform the person or organization under whose authority the petition was circulated that the petition is defective for lack of certified signatures, and specify the number of additional signatures required to make the petition valid. The petition must be perfected within thirty (30) days of the date that the city clerk finds the petition defective for lack of certified signatures. If the petition is not perfected within the thirty (30) day period, the clerk shall declare the petition null and void ab initio in its entirety. B. In the event that a petition filed with a city clerk is found by the city clerk to contain the required number of certified signatures, the city clerk shall promptly, by certified mail, inform the petitioners, and shall also notify the city council at its next meeting, that the initiative or referendum petition is in proper form. C. If the petition is for a referendum, the city council shall have thirty (30) days from the date of certification of the petition to repeal the ordinance being referred to the voters. In the event the council repeals the ordinance, the referendum petition shall be declared null and void. D. If the petition is an initiative petition, the city council shall have thirty (30) days to pass an ordinance substantially as proposed by the petition. In the event the council passes such an ordinance, the initiative petition shall be null and void. E. In the event the city council neither repeals the ordinance which is the subject of referendum petition, nor enacts an ordinance which is the subject of initiative petition, an election shall be ordered by the city clerk to be conducted city-wide. Initiative, referendum and elections shall be held on the nearest date authorized by Idaho Code Section 34-106 (1), and its successors, which falls more than forty-five (45) days after the city clerk orders that such initiative or referendum election shall be held. (Ord. 2002-14 § 1 (part); Ord. 233 § 8, 1988) 1.20.090 Form of ballot. The city council shall prepare a ballot for an initiative or referendum election in one of the following ways: A. If the full text of the ordinance or proposed ordinance to be voted upon does not exceed one hundred (100) words in length, it may be set out in full on the election ballot; or B. If the full text of the ordinance or proposed ordinance to be voted upon exceeds one hundred (100) words in length, and the council votes not to have it printed at length on the election ballot, it shall, with the assistance of the city attorney, prepare a short title and description of the ordinance or proposed ordinance which shall clearly and impartially state its purpose and effect, which short title and description shall be printed on the election ballot. (Ord. 233 § 9, 1988) 1.20.100 Conduct of election. Initiative or referendum elections, whether special or general, shall be conducted and the results thereof canvassed and certified in all respects as near as practicable, in like manner as general elections, except as otherwise provided. (Ord. 233 § 10, 1988) 1.20.110 Costs of elections. Upon the filing of any initiative or referendum petition with the city clerk, petitioners shall post bond with the clerk in an amount sufficient to offset the estimated expense of conducting the election, unless such election is to be held at the time of a regular general municipal election. As near as practicable after the election the total actual expenses of the election shall be tabulated by the city clerk. The petitioners shall be jointly and severally liable for payment into the city treasury of the whole amount of the expenses of such election. (Ord. 233 § 11, 1988) 1.20.120 Canvass of returns. The mayor and council shall meet within five days after said election to canvass the votes cast at such election, and the city clerk shall immediately announce the results. Any initiative measure approved by a majority of the votes cast shall be in full force and effect from the date of such announcement. Any ordinance which is the subject of a referendum receiving less than a majority of the votes cast shall be repealed, effective on the date of such announcement. (Ord. 233 § 12, 1988) 1.20.130 Prohibited acts, penalties. A person is guilty of a misdemeanor who: A. Signs any name other than his own to any initiative or referendum petition; B. Knowingly signs his or her name more than once on the same initiative or referendum petition; C. Signs his or her name to any initiative or referendum petition knowing that he or she is not a registered city elector; D. Witnesses the signing of a petition by a person the witness knows is not a qualified city elector; E. Willfully or knowingly circulates, publishes or exhibits any false statement or representation concerning the content, purport or effect of any initiative or referendum petition for the purpose of obtaining any signature to any such petition, or for the purpose of persuading any person to sign any such petition; F. Presents to any officer for filing any initiative or referendum petition to which is attached, appended or subscribed any signature which the person so filing such petition knows to be false or fraudulent, or not the genuine signature of the person purporting to sign such petition, or whose name is attached, appended or subscribed thereto; G. Circulates or causes to circulate any initiative or referendum petition, knowing the same to contain false, forged or fictitious names; H. Makes any false affidavit concerning any initiative or referendum petition or the signatures appended thereto; or I. Offers, proposes or threatens for any pecuniary reward or consideration: 1. To offer, propose, threaten or attempt to sell, hinder or delay any initiative or referendum petition or any part thereof or any signatures thereon, 2. To offer, propose or threaten to desist from beginning, promoting or circulating any initiative or referendum petition, 3. To offer, propose, attempt or threaten in any manner or form to use any recall petition or any power or promotion or opposition in any manner or form for extortion, blackmail or secret or private intimidation of any person or business interest. (Ord. 233 § 13, 1988) 1.20.140 Penalty. Any person found in violation of this chapter shall be punished by a fine not to exceed three hundred dollars ($300.00) or by incarceration in the county jail for a period not to exceed thirty (30) days or by both such fine and imprisonment. Each fraudulent signature or wrongfully filed petition shall constitute a separate violation. (Ord. 233 § 14, 1988)
Chapter 1.24 GENERAL PENALTY Sections: 1.24.010 General penalty for ordinance violations. 1.24.020 Legal actions and remedies for violations. 1.24.010 General penalty for ordinance violations. A. Any person violating any of the provisions or failing to comply with any of the mandatory requirements of the ordinances of the city of Juliaetta shall be guilty of a misdemeanor. B. Any person convicted of a misdemeanor for a violation of an ordinance of the city is punishable by a fine not to exceed three hundred dollars ($300.00), or by imprisonment not to exceed six months, or by both such fine and imprisonment. C. Each such person shall be guilty of a separate offense for each and every day during any portion of which any violation of any provision of the ordinances of the city is committed, continued or permitted by any such person, and he or she shall be punishable accordingly. D. Any provision of any ordinance which conflicts with the penalty provisions set forth above is hereby repealed. (Ord. 2002-05 § 1) 1.24.020 Legal actions and remedies for violations. A. The city may proceed against a violator of the city code of the city of Juliaetta or a violator of any ordinance of the city of Juliaetta in civil court for both prohibitive and mandatory injunctions requiring the violator to conform to the code or ordinance, and/or for any other available civil remedy. In the event the city prevails, the violator shall be responsible for reasonable attorney fees. B. Nothing contained in this chapter shall prevent the city council or any other public official or private citizen from taking such legal action as may be necessary to restrain or prevent any violation of the city code or any city ordinance. C. The city may pursue civil remedies as well as criminal penalties for a violation of city code or city ordinance or both. (Ord. 2002-12 §§ 1--3) Title 2 ADMINISTRATION AND PERSONNEL
Back to Top
Title 2 ADMINISTRATION AND PERSONNEL
Chapters:
2.04 City Council
2.08 Mayor
2.12 Officers Generally
2.16 Planning and Zoning Commission
2.20 Peace Officer Standards and Training
Chapters:
2.04.010 Membership.
The legislative authority of the city of Juliaetta shall be vested in a council consisting of four members, qualified as provided by law. (Ord. 138 § 1, 1967)
2.04.020 President--Election--Powers.
A. At the first meeting of the council in January, following a general city election, the council shall, from its members, elect one councilmember to be styled president of the council.
B. The president of the council shall have all powers of the mayor when serving in that office due to absence of the mayor or vacancy in the office of mayor. (Ord. 138 § 2, 1967)
2.04.030 Members--Duties and responsibilities.
The members of the city council, the legislative and policy making branch of the government of the city of Juliaetta, shall devote so much of their time to the duties of their office as an efficient and faithful discharge thereof may require. They shall attend all meetings of the council unless lawfully excused therefrom by the mayor or by a majority of the remaining members, perform all duties required of them by law and as may be assigned committees to which they may severally be appointed by the mayor. (Ord. 138 § 3, 1967)
2.04.040 Regular meetings.
Regular meetings of the council shall be held in the council chambers on the second and fourth Tuesday of each month at the hour of seven p.m. Regular or special meetings of the council may be recessed until further notice or until a call by the mayor. At all meetings of the council, a majority of the council shall constitute a quorum for the transaction of business unless otherwise provided by law. A question before the council shall be decided by a majority of the members present unless otherwise provided by law. (Ord. 94-6 § 1)
2.04.050 Public funds.
The city council shall make provision for the care and safekeeping of all public funds of the city and for the deposit of the same. (Ord. 138 § 5, 1967)
2.04.060 Records.
The city council shall make provisions for an adequate record system and, by ordinance, establish a classification for retention of records in accordance with the provisions of Title 50, Idaho Code. (Ord. 138 § 6, 1967)
2.04.070 Examination of accounts.
At least once in each quarter of each year, the council shall examine, either in open session or by committee, the accounts and doings of all officers or other persons having the care, management or disposition of moneys, property or business of the city. (Ord. 138 § 7, 1967)
2.04.080 Ordinances.
A. All ordinances of the city shall be type written or printed and presented to the council by a member at any regular or special meeting. Every such ordinance shall be read at the meetings of the council on three different days. At each reading it shall be open to discussion and amendment or may be referred to a committee unless by majority vote other disposition is made. All ordinances which have been amended shall, after the second reading, be engrossed by the clerk as amended. On final passage the yeas and nays shall be called and recorded and a concurrence of a majority of the full council shall be required for passage; provided, however, that on the vote of one-half plus one member of the council may dispense with the portion of this section requiring all ordinances to be read on three different days, and on the vote upon the motion to dispense with this rule the yeas and nays shall be called and recorded.
B. When any such ordinance is passed, it shall be signed by the clerk, and the date of its passage by the council shall be added thereto, and it shall within three days thereafter be presented to the mayor, or, in case of his or her absence from the city, to the president of the council for his or her approval. If the president approves the same, he or she shall attach his or her signature thereto.
C. Should the mayor not approve the ordinance he or she shall, before the next regular meeting after such ordinance is presented to him or her for his or her approval, return the ordinance to the council with his or her objections in writing. When any ordinance is so returned by the mayor, it shall be reconsidered by the council at the first regular meeting thereafter. If, on such reconsideration, one-half plus one of the members of the full council shall vote in the affirmative, the ordinance shall become a law not withstanding the mayor’s veto. The clerk, in such cases, shall annex a certificate to the ordinance stating the same was vetoed by the mayor and that, on its reconsideration, it received the required majority of votes.
D. Should the mayor refuse or neglect to sign such ordinance and return the same with his or her objections in writing at the next regular meeting after the same has been presented to him or her, it shall become law without his or her signature. The clerk shall annex to such ordinance a certificate to the effect that the mayor has failed to sign or veto the same, and it has therefore become a law without his or her signature. (Ord. 138 § 8, 1967)
2.04.090 City clerk--Ordinance book.
It shall be the duty of the city clerk to safely keep the original ordinances as engrossed, and after final passage he or she shall copy the same at length in a book to be known as Ordinance Book No. One, which book is to be provided by the council for that purpose and shall be kept as a permanent record of the city. (Ord. 138 § 9, 1967)
2.04.100 Vacancy--Appointment.
In the event an office of the council shall become vacant, through death, removal of residence or for any other cause, the mayor shall appoint, with the approval of the council, a resident of the city to fill the unexpired portion of the term until the next general election, at which time the unexpired term shall be filled by regular election. (Ord. 138 § 10, 1967)
Chapter 2.08 MAYOR
Sections:
2.08.010 General duties and responsibilities.
2.08.020 Authority on behalf of city.
2.08.030 Authority to borrow money.
2.08.040 Ordinance--Power to veto or sign.
2.08.050 Power over officers.
2.08.060 Power to call aid in law enforcement.
2.08.010 General duties and responsibilities.
The mayor of the city of Juliaetta, shall devote so much of his or her time to the duties of the office of mayor as an efficient and faithful discharge thereof may require. He or she shall preside at all meetings of the council and shall have a vote when the council is equally divided, and may call special meetings of the council when necessary and according to Idaho law. He or she shall appoint all officers and employees of the city, subject to the approval of the council, and have such other powers as provided by law. He or she shall, from time to time, provide for the council such information and recommend such measures as he or she may deem beneficial to the city. He or she shall examine the grounds of all complaints against any officer or employee of the city to determine existence of a violation or neglect of duty and report to the council the evidence thereof, if deemed sufficient for the removal of said officer or employee. He or she shall require that every officer and employee, on the expiration of his or her term of office or resignation or removal, deliver to his or her successor or the city clerk all assets belonging to such office. He or she shall perform all other duties required and necessary for the efficient operation of the business of the city, and all other duties imposed by laws of the state of Idaho. (Ord. 2003-4 § 1 (part): Ord. 137 § 1, 1967)
2.08.020 Authority on behalf of city.
The mayor is authorized and empowered to sign, for and on behalf of the city, all contracts, documents and papers to which the city is a party, and to require that the conditions in any instrument are faithfully performed. (Ord. 2003-4 § 1 (part): Ord. 137 § 2, 1967)
2.08.030 Authority to borrow money.
The mayor may borrow money on the credit of the city when so authorized by the council. (Ord. 2003-4 § 1 (part): Ord. 137 § 3, 1967)
2.08.040 Ordinance--Power to veto or sign.
The mayor shall have the power to veto or sign any ordinance passed by the city council, provided, that any ordinance vetoed by the mayor may be passed over his or her veto by a vote of one-half plus one of the members of the full council, notwithstanding the veto, and should the mayor neglect or refuse to sign any ordinance and return the same with his or her objections, in writing, at the next regular meeting of the council, the same shall become a law without his or her signature. (Ord. 2003-4 § 1 (part): Ord. 137 § 7, 1967)
2.08.050 Power over officers.
The mayor shall have the power, when he or she deems it necessary, to require any officer of the city to exhibit his or her accounts or other papers, or to make reports to the council in writing, touching any subject or matter pertaining to his or her office. (Ord. 2003-4 § 1 (part): Ord. 137 § 8, 1967)
2.08.060 Power to call aid in law enforcement.
The mayor is authorized to call every inhabitant in the city over twenty-one (21) years of age to aid in enforcing the laws. (Ord. 2003-4 § 1 (part): Ord. 137 § 9, 1967)
Chapter 2.12 OFFICERS GENERALLY
Sections:
2.12.010 Officer salaries.
2.12.010 Officer salaries.
A. The mayor of Juliaetta shall receive a monthly salary in the sum of one hundred dollars ($100.00).
B. Each member of the council shall receive a monthly salary in the sum of fifty dollars ($50.00). (Ord. 97-3 § 1)
Chapter 2.16 PLANNING AND ZONING COMMISSION
Sections:
2.16.010 Purposes and duties of commission.
2.16.020 Membership.
2.16.030 Funding and support of commission.
2.16.040 Meetings.
2.16.010 Purposes and duties of commission.
The purposes of the Kendrick-Juliaetta planning and zoning commission shall be:
A. To assist in drafting and revision of land use ordinance, maps and the comprehensive plan.
B. To conduct public hearings on and make recommendations regarding zoning, subdivisions, special use permits and variances.
C. To advise the city council on land use issues.
D. To perform other duties as required by law. (Ord. 97-2 § 1)
2.16.020 Membership.
The membership of the commission shall consist of eight members, three from the city of Kendrick and one from Kendrick’s impact area, of whom shall be appointed by the mayor of Kendrick, with the consent of the city council of Kendrick, and three from the city of Juliaetta and one from Juliaetta’s impact area, of whom shall be appointed by the mayor of Juliaetta, with the consent of the city council of Juliaetta.
Odd years Term of one from each city expires
Even years divisible by 4 Term of one from each city expires
Even years not divisible by 4 Term of one from each city expires
Terms shall expire upon the anniversary of the effective date of the ordinance codified in this chapter. Members shall have been Latah county residents for at least two years prior to appointment. Members may be removed by the mayor, with the consent of the council, of the city who appointed them with or without cause. (Ord. 97-2 § 2)
2.16.030 Funding and support of commission.
A. The expense of the Kendrick-Juliaetta planning and zoning commission shall be funded by the cities of Kendrick and Juliaetta.
B. The cities of Kendrick and Juliaetta shall support the activities of the commission by providing support and assistance from staff and outside professional assistance as required. (Ord. 97-2 § 3)
2.16.040 Meetings.
The Kendrick-Juliaetta planning and zoning commission shall meet on the third Wednesday of each month. (Ord. 97-2 § 4)
Chapter 2.20 PEACE OFFICER STANDARDS AND TRAINING
Sections:
2.20.010 Qualification to receive aid.
2.20.020 Adherence to standards.
2.20.010 Qualification to receive aid.
The city of Juliaetta declares that it desires to qualify to receive aid for police training from the peace officers standards and training council under the provisions of Chapter 51, Section 19-5109, of the Idaho Code. (Ord. 2002-17 § 1 (part): Ord. 208 § 1, 1979)
2.20.020 Adherence to standards.
Pursuant to Section l9-5110, of said Chapter 51, the city of Juliaetta, while receiving aid from the peace officers standards and training council pursuant to said Chapter 51, will adhere to the standards for employment and training established by the Idaho peace officers standards and training council. (Ord. 2002-17 § 1 (part): Ord. 208 § 2, 1979)
Back to Top
Title 3 REVENUE AND FINANCE
Chapters:
3.04 Fiscal Provisions Generally
3.08 Claims Against the City
Chapter 3.04 FISCAL PROVISIONS GENERALLY
Sections:
3.04.010 Bond posting.
3.04.020 State provisions adopted.
3.04.010 Bond posting.
The city of Juliaetta desires to provide a system for the posting of bonds for public works construction within the city limits of the city of Juliaetta that conforms to Idaho Code Section 54-1926. (Ord. 2002-16 § 1)
3.04.020 State provisions adopted.
The city of Juliaetta adopts the provisions of Idaho Code Section 54-1926 and its successors as the bonding requirements for conducting public works construction within the city of Juliaetta. (Ord. 2002-16 § 2)
Chapter 3.08 CLAIMS AGAINST THE CITY
Sections:
3.08.010 City treasurer--Compilation of bills and obligations.
3.08.020 Council review of bills and obligations.
3.08.030 Bills and obligations--Approval and payment.
3.08.040 Check signing authority.
3.08.050 Bills and obligations denied--Presentation to council.
3.08.060 Bills and obligations denied--Notification.
3.08.070 Denial after appeal--Notification of city attorney.
3.08.010 City treasurer--Compilation of bills and obligations.
The city treasurer shall compile all bills and obligations presented to the city of Juliaetta on a weekly basis and present those bills and obligations to the city council at the next regular city council meeting. (Ord. 2002-19 § 1)
3.08.020 Council review of bills and obligations.
The city council shall review all bills and obligations presented to them and approve those bills and obligations that the council determines to be due and owing. (Ord. 2002-19 § 2)
3.08.030 Bills and obligations--Approval and payment.
The city treasurer shall enter all bills and obligations approved by the city council into the city of Juliaetta accounting system and prepare checks for the payment of the approved bills and obligations. (Ord. 2002-19 § 3)
3.08.040 Check signing authority.
The checks for all approved bills and obligations shall be signed by either the city treasurer or the city clerk and one member of the city council who has been designated to sign checks. (Ord. 2002-19 § 4)
3.08.050 Bills and obligations denied--Presentation to council.
If there are any questions regarding any bills or obligations which are not approved by the city council, the city staff shall present information regarding those bills or obligations to the city council at the next regular meeting following the meeting where the bill or obligation was denied. (Ord. 2002-19 § 5)
3.08.060 Bills and obligations denied--Notification.
In the event that the city council determines that the city is not obligated to pay the bill or obligation presented, the city treasurer shall notify the person or entity presenting the bill or obligation and inform that person or entity that they may appeal that denial to the city council at the next regular council meeting. (Ord. 2002-19 § 6)
3.08.070 Denial after appeal--Notification of city attorney.
In the event that a bill or obligation is denied after the appeal, the city treasurer shall notify the city attorney and forward a copy of the bill or obligation to the city attorney. (Ord. 2002-19 § 7)
Back to Top
Title 5 BUSINESS LICENSES AND REGULATIONS
Chapters:
5.04 Alcoholic Beverages
Chapter 5.04
ALCOHOLIC BEVERAGES
Sections:
5.04.010 Definitions.
5.04.020 License required.
5.04.030 Issuance and revocation.
5.04.040 License fees.
5.04.050 Expiration of license.
5.04.060 Issuance and renewal.
5.04.070 Issuance by clerk.
5.04.080 Eligibility.
5.04.090 Violation by employee.
5.04.100 Inspection.
5.04.110 Under age persons.
5.04.120 Hours of operation.
5.04.130 Revocation or suspension of license.
5.04.140 Penalties.
5.04.010 Definitions.
The following words and phrases, when used in this chapter, shall for the purposes of this chapter, have the meanings ascribed to them below:
“Alcoholic liquors” shall be defined as set forth in Idaho Code.
“Beer” shall be defined as set forth in Idaho Code.
“Clerk” means the city clerk of the city of Juliaetta.
“License” means a license to sell beer, wine or alcoholic liquors within the corporate limits of the city of Juliaetta, whether that license be for on premises or off premises consumption.
“Licensee” means a person having or seeking license required by this chapter.
“Minor” means any person under twenty-one (21) years of age.
“Person” includes partnerships, corporations and associations seeking licenses.
“Wine” shall be defined as set forth in Idaho Code. (Ord. 2003-1 § 1 (part): Ord. 236 § 1, 1989)
5.04.020 License required.
No person or business shall serve or sell beer, wine or alcoholic liquors at any location within the corporate limits of the city without having first obtained a license therefore for each location in accordance with the terms of this chapter. The license(s) shall be displayed in a conspicuous place on the premises at all times. (Ord. 2003-1 § 1 (part): Ord. 236 § 2, 1989)
5.04.030 Issuance and revocation.
There shall be no vested right to a license or the transfer or renewal thereof. It is declared to be the public policy of the city to make the possession of a license a personal privilege, revocable or non-renewable or suspendable upon any violation or conviction of any law set forth in this chapter or for violation of any federal, state or city ordinance pertaining, regulating, governing or prohibiting the sale, manufacturing, transportation or possession of any alcoholic beverage or intoxicating liquor. (Ord. 2003-1 § 1 (part): Ord. 236 § 3, 1989)
5.04.040 License fees.
Every person licensed under the provisions of this chapter shall pay the city an annual license fee for each location, as established or amended by ordinance or resolution of the council. Categories of licenses shall include:
(1) for consumption of beer on premises; (2) for sale of beer to be consumed off premises; (3) for consumption of wine on premises; (4) for sale of wine to be consumed off premises; or (5) for consumption of alcoholic liquors on premises. Fees for licenses, effective from the date of the ordinance codified in this chapter, shall be twenty-five dollars ($25.00) per year for license categories 1 through 4 and two hundred twenty-five dollars ($225.00) per year or license category 5. (Ord. 2003-1 § 1 (part): Ord. 236 § 4, 1989)
5.04.050 Expiration of license.
Each license issued under the provisions of this chapter shall be granted for a period of one year, beginning January 1st and expiring at twelve midnight on December 31st of the year issued. (Ord. 2003-1 § 1 (part): Ord. 236 § 5, 1989)
5.04.060 Issuance and renewal.
A. All licenses must be requested through written application for renewal submitted to the clerk, which must be accompanied by an affidavit of the applicant showing such applicant to be qualified by the provisions of this chapter and the laws of the state. The application must state the place of business with respect to which the license is to be renewed and must contain a simple floor plan for the building for which the permit or license is requested. In the event no changes in said matters have taken place since certification of the previous application, then the licensee may so state and need not attach said documents.
B. The application must be accompanied by a receipt from the clerk for the amount of the license fee. The application shall be submitted to the city council for approval within thirty (30) days of receipt of the application and fee.
C. No license shall be issued until the applicant has first obtained the appropriate county and state license(s).
D. Whenever the council denies an application, they shall specify in writing:
1. The laws, ordinance and standards used in evaluating the applications;
2. The reasons for the denial; and
3. The actions, if any, that the applicant could take to obtain the license, transfer of renewal thereof. (Ord. 2003-1 § 1 (part): Ord. 236 § 6, 1989)
5.04.080 Eligibility.
Every application shall contain the following information:
A. The name and place of residence of the applicant and length of his residence within the state, and if the applicant is a partnership, the names, places of residence and lengths of residence within this state 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 or residence of its officers and directors or members of its governing board, and the person who manages or will manage the business of selling beer and/or wine at retail.
B. The particular place for which the license is desired, designating the same by a street and number, if practicable, or by such other description as definitely locates such place, and the name of the owner of the premises.
C. The application shall affirmatively show:
1. That the applicant is the bona fide owner of the business which will be engaged in the sale of beer or wine at retail and with respect to which license is sought;
2. That the condition and location of the place or building where it is proposed to sell beer or wine at retail conforms to all laws and regulations of the state and to the ordinances of the county of Latah, Idaho and the city applicable thereto relating to public health and safety and to the zoning ordinances of the city;
3. That the applicant or the person who is to be manager shall have been a bona fide resident of the state for at least thirty (30) days prior to the date of application;
4. That neither the applicant nor his or her manager has been convicted of any violation of any law of the state, or any other state, or of the United States, or of any ordinance of the county or city regulating, governing or prohibiting the sale, manufacture, transportation or possession of alcoholic beverages, intoxicating liquors, narcotic drugs or controlled substances, or within said time, suffered the forfeiture of a bond for failure to appear in answer to charges of any such violation;
5. That the applicant has not, within five years immediately preceding the date of filing the application, been convicted of any felony or paid any fine or completed any sentence of confinement therefore within said time;
6. Such affirmative showing shall be required with respect to each partner, officer, director and member of the governing board of a corporation or association applicant, each manager and every person employed whose duties include the serving or dispensing of beer, wine or alcoholic liquors; and
7. That the zoning for the location of the premises is appropriate for said use.
D. If an applicant shall be unable to make any affirmative showing required in this chapter, 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 issued to any applicant on any application containing a false material statement, knowingly made, such license shall be revoked. The licensee and licensed premises shall at all times during the period for which the license is issued continue to have all of the qualifications and none of the disqualifications set forth in this section. If at any time during the period for which license is issued, a licensee becomes unable to make the affirmative showings as required in this section, the license shall be suspended until the same shall be removed. The procedure to be followed upon refusal, revocation or suspension of a license shall be in accordance with state law. (Ord. 2003-1 § 1 (part): Ord. 236 § 8, 1989)
5.04.090 Violation by employee.
A violation of any of the provisions of this chapter by an employee, agent, servant or other person in any way acting on behalf of the licensee shall be deemed to be a violation by the licensee. (Ord. 2003-1 § 1 (part): Ord. 236 § 9, 1989)
5.04.100 Inspection.
Any police officer or city inspector shall have the right to inspect the premises during any hour the premises are open for business; refusal to permit inspection shall constitute a violation of this chapter. (Ord. 2003-1 § 1 (part): Ord. 236 § 10, 1989)
5.04.110 Under age persons.
It is unlawful to sell (beer or wine) to, serve to, procure for, or give to any minor. It is unlawful for any person under twenty-one (21) years of age to purchase, attempt to purchase or otherwise procure, consume or possess beer, wine or alcoholic liquors. A valid driver’s license shall be acceptable as proof of age and the licensee shall require proof of age from any customer whose age may be less than twenty-one (21). It is unlawful for any under age person to represent that he or she is twenty-one (21) years of age or older. (Ord. 2003-1 § 1 (part): Ord. 236 § 11, 1989)
5.04.120 Hours of operation.
A. No beer or wine shall be sold, offered for sale, given away or dispensed by any licensee during the following hours:
1. Between the hours of two a.m. and six a.m.
2. On the day of a general or primary election until after the time for closing the polls.
B. No alcoholic liquors may be sold or dispensed by any licensee during the following hours:
1. Sunday, Memorial Day, Thanksgiving and Christmas from one a.m., to ten a.m. the following day; provided; however, that on any Sunday not otherwise being a prescribed holiday, it is lawful for a licensee having banquet area or meeting room facilities, separate and apart from the usual dispensing area (bar room) and separate and apart from a normal public dining room unless such dining room is closed to the public, to therein dispense liquor between the hours two p.m. and eleven p.m. to bona fide participants of banquets, receptions or conventions for consumption only within the confines of such banquet area or meeting room facility.
2. On any other day between one a.m. and ten a.m.
3. On any day of general or primary election until after the time when the polls are closed. (Ord. 2003-1 § 1 (part): Ord. 236 § 12, 1989)
5.04.130 Revocation or suspension of license.
The city council may revoke or suspend any license upon a showing that the licensee has ceased to be qualified under any provision. The licensee shall have a right to a hearing before the council regarding such revocation or suspension by filing a written request for hearing with the clerk. The council shall hold such hearing within thirty (30) days of receipt of a request for hearing. The licensee shall be afforded the following due process rights at such hearing: five (working) days written notice of hearing; the reasons for revocation or suspension shall be set forth by the clerk; the right to be represented by counsel; and the right to rebut any evidence presented against him. A recording shall be made of the hearing, but the licensee shall have the right to record or have the hearing transcribed. (Ord. 2003-1 § 1 (part): Ord. 236 § 13, 1989)
5.04.140 Penalties.
Any person violating any provision of this chapter shall be guilty of a misdemeanor, and upon conviction thereof in a court of competent jurisdiction, shall be punished by a fine of up to three hundred dollars ($300.00) or by imprisonment in the county jail for a period not exceeding six months, or by both such fine and imprisonment. Violation shall also be grounds for suspension and/or non-renewal of license. (Ord. 2003-1 § 1 (part): Ord. 236 § 14, 1989)
Back to top
Title 6 ANIMALS
Chapters:6.04 Dogs
DOGS
Sections:
6.04.010 Barking dogs.
6.04.020 Violation--Penalty.
6.04.010 Barking dogs.
It is unlawful for any person to keep, harbor or maintain a dog which barks in such manner as to disturb the peace, quiet or slumber of any other person or neighborhood in the city. (Ord. 237 § 1, 1989)
Back to Top
Title 8 HEALTH AND SAFETY
Chapters:
8.04 Nuisances
8.08 Wrecked or Dismantled Vehicles
Chapter 8.04
NUISANCES
Sections:
8.04.010 Public nuisances.
8.04.020 Trash defined.
8.04.030 Violation--Penalty.
8.04.040 Separate offense.
8.04.050 Civil penalties.
8.04.010 Public nuisances.
The Juliaetta city council finds and declares the following specific acts, omissions, places, conditions and things to be public nuisances:
A. Any accumulation of trash, junk, waste, or manure on public or private property which is not in a proper garbage receptacle;
B. Any loud or unusual noises and annoying vibrations which offend the peace and quiet of two or more persons having ordinary sensibilities;
C. All hanging signs, awnings and other similar structures located over the streets or sidewalks so situated or constructed as to endanger any person;
D. Any thing or place whatsoever in which flies, other insects, rats or rodents are likely to breed or multiply;
E. Any accumulation of material or circumstance which may be a fire danger;
F. Any unsightly building, billboard or other structure which is dangerous, abandoned, partially destroyed or any building or structure commenced and left unfinished (for more than four months) or any abandoned well or excavation not properly protected;
G. All places used or maintained as junk yards or dumping grounds or for the wrecking or disassembling of automobiles, trucks, or machinery of any kind, or for the storing or leaving of worn out, wrecked or abandoned automobiles, trucks, or machinery of any kind, or of any parts thereof, or the storing or leaving of any machinery or equipment used by contractors, builders or by other persons which are not properly zoned or fenced or screened for such use. Storage of non-operable vehicles, boats, campers and trailers, equipment and parts is unlawful unless enclosed in a building or within sight-obscuring fence (fence must be kept in good condition); H. Abandoned, discarded or unused objects or equipment including, but not limited to, refrigerators, freezers, furniture, stoves, cans, automobile parts and containers;
I. All noxious weeds and unmaintained grass (grass must be kept at six inches or less in height);
J. Any substance emitting an odor, which annoys any person of ordinary sensibilities. (Ord. 2000-1 § 1)
8.04.020 Trash defined.
Trash is defined to include litter, rags, empty barrels, boxes, crates, packing cases, used tires, used building materials or lumber (not neatly stacked), used cabinets, used pipe or plumbing fixtures, firewood (not neatly piled), scrap iron, tin and other metal (not neatly piled). (Ord. 2000-1 § 2)
8.04.030 Violation--Penalty.
Any person who shall knowingly cause or create any public nuisance, or permit any public nuisance to be created, or to be placed upon, or to remain upon any premises owned, used or occupied by him, her or them, shall be guilty of a misdemeanor and upon conviction thereof, shall be penalized by a fine not to exceed three hundred dollars ($300.00), together with costs of such action, or by confinement in the county jail for not more than six months, or by both such fine or imprisonment. The imposition of one penalty for any violation of this chapter shall not excuse the violation or permit it to continue and all such persons shall be required to correct or remedy such violations, conditions or defects immediately. The storage of materials defined as trash shall not constitute a nuisance if owner maintains a fence which screens the view of such materials and can demonstrate a reasonable use for said materials. (Ord. 2000-1 § 3)
8.04.040 Separate offense.
Each day’s, or part of day’s, continuance of any nuisance set forth in this chapter shall be a separate offense. (Ord. 2000-1 § 4)
8.04.050 Civil penalties.
A. The city may go onto public or private property to abate any public nuisance and may bill the property owner for abatement in accordance with law and have such cost assessed against the property by the county assessor as a special assessment.
B. The city or any citizen may utilize any civil remedy available by law to abate said nuisance or obtain a judgement for damages resulting from any of the nuisances described in this chapter. (Ord. 2000-1 § 5)
Chapter 8.08
WRECKED OR DISMANLTED VEHICLES
Sections:
8.08.010 Vehicles on streets.
8.08.020 Vehicles on private property.
8.08.030 Vehicles or equipment causing environmental problems.
8.08.040 Removal of vehicles.
8.08.050 Violation--Penalty.
8.08.010 Vehicles on streets.
It is unlawful for any person to place, keep or leave any motor vehicle, piece of machinery, trailer or equipment in a wrecked or partially dismantled condition or in a state of repair, for a period of forty-eight (48) hours or more on a public street, alley or other public property. Such vehicle, machinery, trailer or equipment is hereby declared to be a public nuisance. (Ord. 238A § 1, 1991)
8.08.020 Vehicles on private property.
It is unlawful for any person to place, keep or leave any motor vehicle, piece of machinery, trailer or equipment in a wrecked or partially dismantled condition or in a state of repair, for a period of more than ten (10) days on private property unless enclosed in a building or other area screened from public view and fenced in a manner to prevent children from entering the property. Any such fence and screening shall be constructed in compliance with the current provisions of the Uniform Building Code. Such vehicle, machinery, trailer, or equipment is hereby declared to be a public nuisance unless properly fenced or enclosed. (Ord. 238A § 2, 1991)
8.08.030 Vehicles or equipment causing environmental problems.
It is unlawful for any person to place, keep, leave or maintain any vehicle, piece of equipment or machinery in a fashion which permits same to leak or discharge oil or gasoline onto the ground or pavement or which discharges freon into the air. Such vehicle, equipment or machinery is declared to be a public nuisance. (Ord. 238A § 3, 1991)
8.08.040 Removal of vehicles.
The mayor or chief of police or their designee may cause any motor vehicle, piece of machinery, trailer or equipment which is in violation of this chapter to be removed at the expense of the owner of the personal or real property. If the owner fails to pay for such removal within thirty (30) days of billing, the amount owing shall be submitted to the appropriate county official for collection with property taxes in accordance with Idaho Code. (Ord. 238A § 4, 1991)
8.08.050 Violation--Penalty.
A violation of this chapter is a misdemeanor. Any person convicted of a violation of any section of this chapter shall be fined in the sum not to exceed three hundred dollars ($300.00) and such person may be confined in county jail for a period of not more than thirty (30) days, or both such fine and imprisonment may be imposed. Each day, after notice, that the property remains in violation shall constitute a separate violation. Both the person placing the nuisance on the premises and the owner of real property permitting such nuisance to exist on his or her property shall be deemed in violation of this chapter. (Ord. 238A § 5, 1991)
Back to Top
Title 9 PUBLIC PEACE AND WELFARE
Chapters: 9.04 Offenses Against Public Peace and Decency
Chapter 9.04 OFFENSES AGAINST PUBLIC PEACE AND DECENCY
Sections:
9.04.010 Firearm--Defined.
9.04.020 Discharge of firearm--Unlawful.
9.04.010 Firearm--Defined.
Firearm means any weapon which will or is designed to or may readily be converted to expel a projectile by the action of an explosive. (Ord. 2002-20 § 2)
9.04.020 Discharge of firearm--Unlawful.
It is unlawful for any person to discharge a firearm within the city limits of the city of Juliaetta. (Ord. 2002-20 § 1)
Back to Top
Title 10 VEHICLES AND TRAFFIC
Chapters:
10.04 Traffic Code
Chapter 10.04 TRAFFIC CODE
Sections:
10.04.010 Intent.
10.04.020 Adoption of state motor vehicle laws.
10.04.030 Copies on file.
10.04.040 Air compression brakes.
10.04.010 Intent.
It is declared to be the intent of the governing body of the city of Juliaetta, to aid and assist by whatever means possible, for the utmost consistency in traffic regulation among and between agencies of Idaho having such jurisdiction. Toward that end, adoption of the Idaho Motor Vehicle Laws by the cities of Idaho is a necessary means of assuring maximum uniformity within the state. (Ord. 157 § 1, 1971)
10.04.020 Adoption of state motor vehicle laws.
There is adopted for the purpose of establishing rules and regulations for the use of all streets and public thoroughfares of the city of Juliaetta that certain code, identified as the 1969 revised edition, Idaho Motor Vehicle Laws, more particularly Title 49, Idaho Code, published by the department of law enforce-ment, and as the same may be revised by the Idaho Legislature, or amended by the governing body, and the same is adopted and incorporated as an ordinance of the city as fully as though set forth at length herein. (Ord. 157 § 2, 1971)
10.04.030 Copies on file.
Three copies of the Idaho Motor Vehicle Laws, together with any revisions or amendments, duly certified by the city clerk, shall be kept on file in his or her office for use and examination of and by the public. (Ord. 157 § 3, 1971)
10.04.040 Air compression brakes.
The use of air compression brakes (also known as jake brakes) by trucks within the city of Juliaetta is prohibited and is unlawful, except under emergency circumstances where use of air compression brakes is necessary to prevent an accident or injury to persons or property. (Ord. 230 § 1, 1988)
Back to Top
Title 12 STREETS, SIDEWALKS AND PUBLIC PLACES
Chapters:
12.04 Construction Standards for Streets, Sidewalks and Water and Sewer Lines
Chapter 12.04 CONSTRUCTION STANDARDS FOR STREETS, SIDEWALKS AND WATER AND SEWER LINES
Sections:
12.04.010 Public improvements.
12.04.020 Water facilities.
12.04.030 Sewer facilities.
12.04.040 Streets and sidewalks.
12.04.050 Stormwater facilities.
12.04.060 Inspection by city.
12.04.070 Off-street parking.
12.04.080 Plans must be approved.
12.04.090 Violation--Penalty.
12.04.010 Public improvements.
A. Street, Water And Sewer Extensions. Any owner seeking to develop property within the city or seeking connection to the city water or sewer system shall be responsible for paying for the extension of such facilities, including streets and stormwater facilities, to the property.
B. The city may require that water and sewer lines be sized to provide services beyond the needs of the property being developed. In such case, the city shall pay the incremental costs related to increasing the size of the line.
C. All utility and street extensions shall be designed by a licensed engineer. Plans must be approved by the city prior to construction and as built plans shall be provided to the city. The city may waive any of the foregoing requirements for small projects (four or fewer dwelling units).
D. Such extensions shall be made in accordance with all city and state standards including fire hydrants and manholes. (Ord. 95-7 § 1)
12.04.020 Water facilities.
Water lines within the city shall comply with the following standards:
A. The Idaho Standards For Public Works Construction, 1990, published by the Idaho Standards for Public Works Construction Committee are adopted. Three copies of these standards shall be on file with the city clerk for public use.
B. Fire hydrants shall be constructed every six hundred (600) feet, or less.
C. All plans shall be subject to approval by the city’s engineer. (Ord. 95-7 § 2)
12.04.030 Sewer facilities.
Sewer lines shall comply with the following standards:
A. The Idaho Standards for Public Works Construction, 1990, shall be utilized.
B. All plans shall be subject to approval by the city’s engineer. (Ord. 95-7 § 3)
12.04.040 Streets and sidewalks.
Rights-of-way and sidewalks shall be constructed to the requirements of this section. Dedication of streets to these standards shall be a condition of development unless waived by the city council.
A. Residential Streets.
1. Dedicated right-of-way shall be fifty (50) feet in width with a five foot utility easement on each side.
2. The street shall be constructed to at least twenty-four (24) feet in width according to one of the following standards:
a. Twelve (12) inches (minimum) of rock with a base of at least six inches (pit run) topped by at least four inches of crushed aggregate. After eight months if the road has deteriorated it shall be graded and be finished with an additional two inches of crushed aggregate;
b. Asphaltic concrete of at least two and one-half inches or such other surface as may be approved by the city council on the above-indicated base.
3. Curbs shall be constructed on both sides of the street unless waived by the city council.
4. A sidewalk shall be developed on one side of the street. Sidewalks shall be at least forty (40) inches in width and shall be constructed of concrete four inches in depth (six inches at curb cuts and driveways) with at least four inches of compacted gravel as a base. Sidewalks shall be set back at least four feet from curbs or pavement. The city council may permit alternate materials or, where it is in the public interest, permit installations to be delayed until adjacent properties develop.
B. Minor Arterial Streets.
1. Dedicated right-of-way shall be fifty (50) feet in width with a five foot utility easement on each side.
2. The street shall be constructed to at least forty-two (42) feet in width (twenty-six (26) foot travel width and eight foot wide parking lane on each side) according to the following standards:
a. Twelve (12) inches (minimum) of rock with a base (four inches minimum) of at least six inches topped by at least four inches of crushed aggregate, after eight months retop with two inches of crushed aggregate;
b. The travel way shall be finished with asphaltic concrete of at least four inches or such other surface as may be approved by the city council. This may be waived if adjacent right-of-way on both sides is not paved.
3. Curbs shall be constructed on both sides of the street unless waived by the city council.
4. Four-foot sidewalks shall be developed on both sides of the street, or a five-foot sidewalk on one side of the street. Sidewalks shall be at least forty (40) inches in width and shall be constructed of concrete four inches in depth (six inches at curb cuts and driveways) with at least four inches of compact gravel as a base. Sidewalks shall be set back at least four feet from curbs or pavement. The city council may permit alternate materials or, where it is in the public interest, permit installations to be delayed until adjacent properties develop.
5. The following streets are minor arterials:
2nd Street
4th Street
1 St Avenue between 4th Street and the Genesee-Juliaetta Highway
State Street
C. Major Arterials.
1. Dedicated right-of-way shall be eighty (80) feet in width with a five foot utility easement on each side.
2. The street shall be constructed to at least sixty (60) feet in width according to the following standards:
a. Twelve (12) inches (minimum) of rock with a base (four inches minimum) of at least six inches topped by at least four inches of crushed aggregate, after eight months finished with an additional two inches of crushed aggregate and leveled;
b. Asphaltic concrete of at least four inches or such other surface as may be approved by the city council.
3. Curbs shall be constructed on both sides of the street unless waived by the city council.
4. Sidewalks with a minimum width of five feet shall be developed on both sides of the street. Sidewalks shall be at least forty (40) inches in width and shall be constructed of concrete four inches in depth (six inches at curb cuts and driveways) with at least four inches of compact gravel as a base. Sidewalks shall be set back at least four feet from curbs or pavement. The city council may permit alternate materials or, where it is in the public interest, permit installations to be delayed until adjacent properties develop.
5. The following streets are designated as major arterials:
State Highway No. 3.
(Ord. 95-7 § 4)
12.04.050 Stormwater facilities.
Stormwater facilities shall be installed at the time of or prior to development of adjacent property. Stormwater facilities must be designed by an engineer for any subdivision or large project (over two acres in size or over five hundred thousand dollars ($500,000.00) in construction costs). If a project will place a burden on downstream facilities, the developer may be required to construct or improve such off-site facilities. (Ord. 95-7 § 5)
12.04.060 Inspection by city.
No water line, sewer line or stormwater pipe shall be covered until it has been inspected by the city. The developer or contractor shall provide at least twenty-four (24) hours notice to city of need for inspection (weekends and legal holidays excepted). (Ord. 95-7 § 6)
12.04.070 Off-street parking.
At least two off-street parking spaces shall be provided for every residential unit hereafter constructed or placed on a site within the city. Commercial and office facilities shall provide at least one parking space per employee and at least one customer parking space for every four hundred (400) square feet of building space. The city council may reduce this requirement upon a showing by the property owner that the requirement is excessive. (Ord. 95-7 § 7)
12.04.080 Plans must be approved.
Plans must meet all specifications of this chapter brought to and approved by the city council before any work is done. Within thirty (30) days of completion of construction, as built plans shall be provided to the city. Owner shall reimburse the city for all engineering costs incurred by the city. (Ord. 95-7 § 8)
12.04.090 Violation--Penalty.
The city may enforce these regulations through civil action and/or prosecution. Violations of any provisions of this chapter are misdemeanors punishable by a fine not to exceed three hundred dollars ($300.00), imprisonment in the county jail for a period not to exceed thirty (30) days, or by both such fine and imprisonment. Each day of violation after notice shall constitute a separate violation. (Ord. 95-7 § 10)
Back to Top
Title 13 PUBLIC SERVICES
Chapters:
13.04 Water Wells
13.08 Sewer Service System
Chapter 13.04 WATER WELLS
Sections:
13.04.010 Protection of water system.
13.04.020 Water connection.
13.04.030 Water well drilling requires approval.
13.04.040 Information to be provided.
13.04.050 Conditions for disapproval.
13.04.060 Violation--Penalty.
13.04.010 Protection of water system.
The mayor and city council specifically find that protection of the water supply of the city is important to the health, safety and welfare of the citizens and property owners within the city; and furthermore that regulation of well drilling activities is necessary to protect that water system. (Ord. 226 § 1, 1987)
13.04.020 Water connection.
It shall be the duty of every property owner in all cases where there is a public water line in any street, or easement in the city to compel every owner of land, buildings or premises used for human occupancy, employment, recreation or used for other purposes requiring potable water and abutting on such street or easement or within three hundred (300) feet of the same, to construct or cause to be constructed a sufficient water service line which shall connect said land, building or premises. to said water line within ninety (90) days after date of official notice, unless in the opinion of the administrative authority such connection is not desirable. Every owner of premises shall connect said land, building or premises to such nearest accessible water line within ninety (90) days after date of official notice. (Ord. 226 § 2, 1987)
13.04.030 Water well drilling requires approval.
Any person or property owner seeking to have a water well drilled at any location within the city must obtain the written approval of the city council prior to drilling. (Ord. 226 § 3, 1987)
13.04.040 Information to be provided.
Applicants seeking approval for the drilling of a well shall provide the following information to the city at least ten (10) days prior to evaluation of the request by the city council:
A. The location of the proposed well and distance of the proposed well from existing city wells and water lines.
B. The size and estimated depth of the proposed well.
C. The estimated amount of water to be drawn from the proposed well per month.
D. The use which the water will be put to.
E. An opinion from a hydrologist or an engineer having experience in hydrology as to the impact that the well will have on other wells or water resources within or proximate to the city. (Ord. 226 § 4, 1987)
13.04.050 Conditions for disapproval.
The city council may decline to permit the drilling of the proposed well under the following circumstances:
A. When the applicant fails to show that the proposed well will not be detrimental to the water supply of the city or of residents and property owners thereof.
B. Where adequate water is available to the applicant through the city water system.
C. Such other circumstances as would demonstrate that the proposed well would adversely affect the interest and welfare of the general public. (Ord. 226 § 5, 1987)
13.04.060 Violation--Penalty.
A. It is unlawful to drill a well within the city without compliance with this chapter.
B. Any person or corporation in violation of a provision of this chapter shall be punished by a fine of up to three hundred dollars ($300.00). Each separate incident and each continued day in violation shall constitute a separate offense. Furthermore, the use of any water well drilled in violation of this chapter shall be discontinued until such time as the required approvals are obtained. (Ord. 226 § 6, 7, 1987)
Chapter 13.08 SEWER SERVICE SYSTEM
Sections:
13.08.010 Sewer connections required.
13.08.020 Drains required.
13.08.030 Water commissioner to order.
13.08.040 Application for permit.
13.08.050 Revocation of permit.
13.08.060 Specifications for connections.
13.08.070 Drains--Material--Grade.
13.08.080 Written notice for connection required.
13.08.090 Specifications for drains.
13.08.100 Plans must be submitted with application.
13.08.110 Right of entry for inspection.
13.08.120 Injury to sewer prohibited.
13.08.130 Notice to lay drain required.
13.08.140 City employees to determine if work authorized.
13.08.150 Workmanship and materials.
13.08.160 Drains to sewers--Specifications.
13.08.170 Terra cotta sewers prohibited.
13.08.180 Specifications for connections and building sewer lines.
13.08.190 Excavations for building sewers.
13.08.200 Discharge of harmful wastes.
13.08.210 Action of water commissioner upon discharges having deleterious effect.
13.08.220 Sewer rates.
13.08.230 Charges--When due and payable.
13.08.240 Delinquency--Notice.
13.08.250 List--Discontinuance of water.
13.08.260 Application for sewer connections--Fees.
13.08.270 Sewers property of city--Filing of costs.
13.08.280 Permitting other connections--Costs to be paid.
13.08.290 Person first connecting may receive money from later connections.
13.08.300 Private sewer prohibited.
13.08.310 Private sewer abolished.
13.08.320 Contents of cost statements.
13.08.330 City not liable.
13.08.340 Illegal connections prohibited.
13.08.350 Connecting sewer--Connections defined.
13.08.360 Responsibility to maintain feeder sewer pipe and sewer lines.
13.08.370 Violation--Penalty.
13.08.010 Sewer connections required.
The water commissioner is empowered and it is made his or her duty in all cases where there is a public sewer in any street, highway or alley in the municipality to compel every owner or occupant of lands, buildings or premises, fronting or abutting on streets, highways or alleys or within three hundred (300) feet of the same in case of unplotted land, and every such owner or occupant is compelled to construct or cause to be constructed a sewer service connection in the manner hereinafter described, which shall connect such lands, buildings or premises with the nearest accessible public sewer, (unless such connections be impracticable by reason of the topography of the ground). The material used in the construction of such sewer service connection, shall be substantially like that used in the general public sewers with which the connection is to be made and the water commissioner shall have power and authority to examine all buildings, as to plumbing, drainage and ventilation thereof, and when in his or her judgment, the plumbing fixtures or the sewerage connection fixtures are found to be defective or unsanitary, he or she shall have the power to order the removal, repair or substitution of such plumbing or sewerage fixtures and require the ventilation and drainage of such building to be placed in a sanitary condition and he or she shall thereupon give the owner or any person occupying any building or premises notice in writing, specifying the time when any defective drainage sewerage connection or unsanitary fixtures must be completed or corrected. The water commissioner shall make a copy of such notice which shall be kept in the office of the clerk and open to the inspection of the public during the hours of the clerk’s office. After the time fixed by the water commissioner for the completion of the connection and repairs, the owner or occupant shall be held responsible for the refusal to comply with such notice. The term “private dwelling house” means and constitutes all houses occupied by persons or owners for the use of themselves and family, and this shall not be construed to mean the houses used or occupied as private or public boarding, lodging or rooming houses.
In the event the building sewer and connection required by this chapter are not made within thirty (30) days after notification to the property owner by the clerk, by registered mail, the superintendent shall cause the same to be made and file a statement of the cost thereof with the city clerk. Thereupon a warrant shall be issued under the direction of the city council against the water and sewer fund for the payment of such cost. The amount, together with a penalty of ten (10) percent thereof, plus interest at the rate of eight percent per annum upon the total amount of the cost and penalty, shall be assessed against the property upon which such building, sewer and connection has not been placed as required and shall become a lien thereon as provided by this chapter. The total amount, when collected, shall be paid into the water and sewer fund. (Ord. 196 § 1, 1975)
13.08.020 Drains required.
Every person owning any land or premises situated within the city limits, in all cases where there is a public sewer in any street, highway or alley shall make a sufficient drain, from his or her lot or premises, connected with such sewer, and the water commissioner shall have the power in all cases where there is a public sewer as aforesaid to cause such connection to be made and shall give the owner or occupant, notice in writing, specifying the time at which the drain or improvement must be completed, provided the time shall not exceed ten (10) days. If the owner or occupant shall fail, neglect or refuse to comply with the time specified, the water commissioner shall report the same to the council and the council shall immediately, either at a regular meeting or at a special meeting of the council, called for that purpose, cause the drain or improvements to be constructed and the amount paid for the construction of the same shall be assessed against the lands or premises so drained and improved, and the same shall be reported to the council as to the amount of such assessments for the work and improvements and upon confirmation by the council the same shall constitute a lien upon said lands and premises so drained or improved. (Ord. 196 § 2, 1975)
13.08.030 Water commissioner to order.
When any private drain pipe connected with any public sewer or drain becomes obstructed, broken or out of order, the water commissioner shall, if the owner or occupant of such premises fails to repair the same after two days notice so to do, cause such drain pipe to be removed, reconstructed, repaired, altered or cleaned as he or she may deem expedient, at the expense of the owner or occupant of the premises as aforesaid, to be collected as provided in this section. No person shall make any connections with any of the public sewers, nor shall any opening be made into the same until the person making the same shall obtain from the water commissioner a permit so to do and upon obtaining such permit, the person shall perform the work in strict conformity with the provisions of this chapter and under the supervision of the water commissioner and he or she shall also replace and repair the streets, alleys or highway over, in or through which the same may pass to as good a state and condition as at the time of the commencement of the work and maintain the same in good order to the satisfaction of the water commissioner and shall conform in all respects to the rules and regulations of the city relative to the streets, alleys and highways. (Ord. 196 § 3, 1975)
13.08.040 Application for permit.
All applications for permits under this chapter shall be made by the owner or agent and must state the locality of the sewer, the number of the lot and block and the number of the buildings to be connected and how they are occupied.
It is unlawful for any person to extend any private sewer or drain beyond the limits of the building or property for which the permit has been given, or to connect with any private or general sewer without having first obtained such permit. (Ord. 196 § 4, 1975)
13.08.050 Revocation of permit.
All permits given as aforesaid to connect sewers and drains shall be upon the express condition that the council may at any time revoke or annul the same and the person making such connection or their successors in interest, shall have no right to claim any damage in consequence of such permit being revoked or annulled. (Ord. 196 § 5, 1975)
13.08.060 Specifications for connections.
All connections with public sewers or drains shall be made in a workmanlike manner, and even with the inside surface of the sewer, where the connecting “Y” has been left or in case the water commissioner shall deem best, any person making such connection shall remove a joint of the sewer pipe and insert in its place a “Y” properly placed and securely cemented before making connection therewith. When a “Y” has been left, the connection shall be made without damage or breaking the same. The street must be opened and the paving or planking deposited in a manner that will occasion the least inconvenience to the public and to provide for the free passage. One-half of the street must be kept clear for the purpose of passage of vehicles, and bridgeways must be provided on sidewalks for foot passengers. In refilling the trenches the earth must be deposited in layers of not more than six inches in depth and well rammed and tamped to prevent after settlements. As soon as any such drain or sewer is completed, the paving or planking of streets or sidewalks must be reconstructed in as good a condition as previous to the excavation and all rubbish and surplus earth immediately removed. (Ord. 196 § 6, 1975)
13.08.070 Drains--Material--Grade.
The drains which enter into any public sewer or drain in any street, alley, avenue or highway, shall be built of such fixed materials and with such grade and in such manner as is provided by the council. (Ord. 196 § 7, 1975)
13.08.080 Written notice for connection required.
Notice in writing must be given to the water commissioner at the office of the clerk, by any person desiring to make connection with any public sewer or drain at least twenty-four (24) hours previous to the time of making the connection, when the work is ready for inspection. The water commissioner or his or her authorized agent shall inspect the same and the connections must be made in the manner prescribed in this chapter as well as to the satisfaction of the water commissioner before the trench is filled. (Ord. 196 § 8, 1975)
13.08.090 Specifications for drains.
It is unlawful to construct or extend any drain pipe for the reception of sewerage or wastewater under or into any hotel, tenement or dwelling house or any building, or to connect the same with a public sewer unless the drain shall, in its plan and construction, conform with the following requirements:
A. There shall be in the drain a trap so constructed as to bar the passage of air from beyond the trap into the house by an obstacle equal to one inch in depth or water.
B. Between the trap and the foot soil pipe there shall be connected with the drain an inlet pipe for the admission of fresh air, and the soil pipe within the house shall be continued above the earth and left above the same, so that the whole drain may be thoroughly and constantly ventilated.
C. All joints, where the building is used as a hotel, tenement house, boarding house or restaurant, the owner or occupant must provide a properly constructed grease trap, through which all slops of a greasy nature shall be drained and the water commissioner is authorized and directed to compel any person to provide and use a grease trap as aforesaid, whenever, in his or her judgment, the same is necessary. In all cases the connection with a cast iron soil pipe, whether inside the building or otherwise, shall be made with pig lead and oakum and thoroughly caulked. (Ord. 196 § 9, 1975)
13.08.100 Plans must be submitted with application.
Whenever any person desires to construct a house drain to be connected with or discharged into any sewer, he or she shall, before beginning work upon the same, deposit with the clerk a plan thereof, which shall show the whole course of the drain from the connection with the sewer to its termination within the house, with the location of all branches and fixtures to be connected therewith, the plans or a copy thereof, to be left on file in the office of the clerk. If upon the investigation of the plans, the water commissioner shall find that the same does not conform with the requirements of this chapter, the commissioner shall issue no permit for its construction or connection with any sewer, and it is unlawful to construct the drain or to connect the same either directly or indirectly with any sewer. (Ord. 196 § 10, 1975)
13.08.110 Right of entry for inspection.
The city engineer, or the water commissioner, shall have the right to enter upon any premises drained by any house drain or connected with any public sewer, at all reasonable hours, to ascertain whether the provisions of this or any other chapter in regard to house drains has been complied with and if he or she should find that the drain or its attachments are in conflict with the provisions of any law, he or she shall notify the owner of the premises, or the agent of such owner of the fact. It shall thereupon be the duty of the owner or agent to cause the drain or its attachments to be so altered, repaired or reconstructed, so as to make them conform to the requirements stated herein, within ten (10) days after the time of receiving such notice. (Ord. 196 § 11, 1975)
13.08.120 Injury to sewer prohibited.
No person shall injure, break or remove any portion of any manhole, lamp hole, flush tank, septic tank or any part of the public sewer or sewer system. (Ord. 196 § 12, 1975)
13.08.130 Notice to lay drain required.
When any person shall desire to lay any pipe or pipes in any of the streets on which sewerage pipes are laid, he or she shall give at least twenty-four (24) hours notice to the water commissioner of the intention so to do and procure a permit therefor before proceeding. (Ord. 196 § 13, 1975)
13.08.140 City employees to determine if work authorized.
It shall be the duty of any person employed by the city in all cases where they shall find any person engaged in the breaking of ground for the purpose of making connection with the public sewer to ascertain at once if such person is duly authorized to perform such work, and in the event that such person is not duly authorized or does not have a permit, to order them to desist under penalty of this chapter and to immediately report the facts to the chief of police and the water commissioner of such violation. (Ord. 196 § 14, 1975)
13.08.150 Workmanship and materials.
All materials used in connections must be of good quality, free from defects and the work must be executed in a thorough and workmanship-like manner and to the entire satisfaction and approval of the water commissioner. (Ord. 196 § 15, 1975)
13.08.160 Drains to sewers--Specifications.
A. Every house or building connected with the public sewer or private cesspool, must have a house drain through which sewerage is carried, constructed of approved pipe, which shall extend five feet outside of the building or foundation. The drains are to be laid in trenches of uniform grade or securely suspended from floor timbers by strong iron hangers; they shall have proper fall of not less than one-fourth of an inch per foot towards the main sewer and in as straight a line as possible.
B. All changes in direction or connections of soil or waste pipes shall be made by means of “Y” branches with one-eighth and one- sixteenth bands. Sanitary tees shall only be made in vertical lines of pipe. Heel outlets shall not be used for vent connections. Saddle hubs and saddle bands are strictly prohibited. There shall be a cleanout put in the sewer at the last change of direction or at the end of the horizontal main drain of the building. All clean-outs shall be closed by screw covers, and shall be kept accessible; when sewers are laid beneath the floor, manholes must be constructed to give access to cleanouts. (Ord. 196 § 16, 1975)
13.08.170 Terra cotta sewers prohibited.
In no case shall terra cotta sewers be used within the city. (Ord. 196 § 17, 1975)
13.08.180 Specifications for connections and building sewer lines.
All connections and building sewer lines connecting with the public sewer system shall be constructed, installed and connected in such a manner as to insure a permanent and sanitary sewer, watertight throughout. The pipe used in the installation thereof shall be equal in quality to the pipe used in the general sewer system and not less than four inches in diameter. The jointing compound, where mechanical joints are not used, shall be equal in quality to that used in the general or public sewer systems and no cement or grout made therefrom shall be permitted. Where mechanical joints are used, they shall be of such construction that an absolutely tight joint is insured. The building sewer shall be sufficient to carry all sewage into the general sewer system and each toilet, sink, stationary washstand and every other piece or type of equipment or facility having waste fluids or sewage shall be connected therewith. The slope of the building sewer shall be subject to the approval of the water commissioner. The pipe in the building sewer shall be laid so that the flow line therein will be at a depth of not less than thirty (30) inches from the surface ground. (Ord. 196 § 18, 1975)
13.08.190 Excavations for building sewers.
A. All excavations for building sewer installations shall be properly safeguarded with lights and barricades so that the same may not be a menace to public safety. All streets, sidewalks, alleys, parkways and other public property disturbed in the course of the work shall be restored in a manner satisfactory to the city. (Ord. 196 § 19, 1975)
13.08.200 Discharge of harmful wastes.
A. No person shall discharge or cause to be discharged any stormwater, surface water, ground water, roof runoff, subsurface drainage, uncontaminated cooling water or unpoluted industrial process waters to any sanitary sewer.
B. No person shall discharge or cause to be discharged any of the following described waters or wastes to any sewer in the city:
1. Any gasoline, benzene, naptha, fuel oil or other flammable or explosive liquid, solid, or gas.
2. Any waters or wastes containing toxic or poisonous solids, liquids or gases in sufficient quantity, either singly or by inter action with other wastes, to injure or interfere with any sewage treatment process, constitute a hazard to humans or animals, create a public nuisance or create any hazard in the receiving waters of the sewage treatment plant.
3. Any waters or wastes having a pH lower than six and one-half or higher than eight and one-half, a chlorine demand of over five p.p.m. (parts per million) or having any other corrosive property capable of causing damage or hazard to structures, equipment and personnel of the sewage works.
4. Solid or viscous substances in quantities or of such size capable of causing obstruction to the flow in sewers, or other interference with the proper operation of the sewage works such as, but not limited to, ashes, cinders, sand, mud, straw, shavings, metal, glass, rags, feathers, tar, plastics, wood, unground garbage, whole blood, paunch manure, hair and fleshlings, entrails and paper dishes, cups, milk containers, etc., either whole or ground by garbage grinders.
5. Any substances prohibited by the Idaho Department of Health and Welfare.
C. No person shall discharge or cause to be discharged into a sewer any of the following described substances, materials, waters or wastes if it appears likely in the opinion of the water commissioner or technical expertise at his or her disposal that such wastes can harm either the sewers, sewage treatment process or equipment, have an adverse effect on the receiving stream or can otherwise endanger life, limb, public property or constitute a nuisance. In forming his or her opinion as to the acceptability of these wastes, the water commissioner or his or her authorized representative will give consideration to such factors as the quantities of subject wastes in relation to flows and velocities in the sewers, materials of construction of the sewers, nature of the sewage treatment process, capacity of the sewage treatment plant, degree of treatability of wastes in the sewage treatment plant and other pertinent factors. The substances prohibited are:
1. Any liquid or vapor having a temperature higher than one hundred fifty (150) degrees Fahrenheit or sixty-five (65) degrees Celsius.
2. Septic tank effluent.
3. Any water or waste containing fats, wax, grease or oils, whether emulsified or not containing substances which may solidify or become viscous at temperatures between thirty-two (32) and one hundred fifty (150) degrees Fahrenheit or zero and sixty-five (65) degrees Celsuis.
4. Any garbage that has not been properly shredded. The installation and operation of any garbage grinder equipped with a motor of three-fourths horsepower (0.76 hp metric) or greater shall be subject to the review and approval of the water commissioner or his or her authorized representative.
5. Any waters or wastes containing strong acid iron pickling wastes or concentrated plating solutions whether neutralized or not.
6. Any ground or unground fruit peelings and cores from canneries and packing plants. Cull fruits and vegetables. Fruit and vegetable pits and seeds.
7. Any waters or wastes containing the materials in excess of the following limits:
Copper .5 milligrams per liter
Total chromium .5 milligrams per liter
Cyanide .5 milligrams per liter
Nickel .5 milligrams per liter
Silver . 5 milligrams per liter
Zinc .5 milligrams per liter
Total heavy metals 1.0 milligrams per liter pH minimum 6.5, maximum 8.5
Or wastes exerting a chlorine demand of over 5. ppm.
8. Any waters or wastes containing phenols or other taste or odor producing substances, in such concentrations exceeding limits which may be established by the water commissioner or expertise at his or her disposal as necessary, after treatment of the composite sewage, to meet the requirements of the state, federal or other public agencies or jurisdiction such discharge to the receiving waters.
9. Any radioactive wastes or isotopes of such half-life or concentration as may exceed limits established by the water commissioner or expertise at his or her disposal in compliance with applicable state or federal regulations.
10. Materials which exert or cause:
a. Unusual concentrations of inert suspended solids (such as, but not limited to, Fuller’s earth, lime slurries, and lime residues) or of dissolved solids (such as, but not limited to, sodium sulfate).
b. Excessive discoloration (such as, but not limited to, dye wastes and vegetable tanning solutions).
c. Unusual BOD (biochemical oxygen demand), or chlorine requirements in such quantities as to constitute a significant load on the sewage treatment works.
. d. Unusual volume of flow or concentration of wastes constituting “slugs” as defined in this section.
e. Waters or wastes containing substances which are not amenable to treatment or reduction a by the sewage treatment process employed, or are amenable to treatment only to such degree that the sewage treatment plant effluent cannot meet the requirements of other agencies having jurisdiction over discharge to the receiving waters. (Ord. 196 § 20, 1975)
13.08.210 Action of water commissioner upon discharges having deleterious effect.
If, any waters or wastes are discharged, or are proposed to be discharged into the sewers, as defined in this chapter, and which in the judgment of the water commissioner may have a deleterious effect upon the sewage works, processes, equipment, or receiving waters, or which otherwise create a hazard to life or constitute a public nuisance the water commissioner may:
A. Reject the wastes;
B. Require pretreatment to an acceptable condition for discharge to the public sewers;
C. Require control over the quantities and rates of discharge; and/or
D. Require additional payment to cover the added cost of handling and treating the wastes not covered by existing taxes or sewer charges under the provisions.
If the water commissioner permits the pretreatment or equalization of waste flows, the design and installation of the plants and equipment shall be subject to the review and approval of the water commissioner and subject to the requirements of all applicable codes, ordinances and laws. (Ord. 196 § 21, 1975)
13.08.230 Charges--When due and payable.
All sewer charges shall be due and payable to the clerk between the first and tenth day of each month and upon failure to pay the same by the fifteenth day of the month, each user shall pay, in addition to the amount due, a fine of one dollar ($1.00). These charges shall be paid at the same time as the water charges. It is understood, however, that where a charge is made for both water and sewer that only one delinquency fine for any one month shall become due and payable. (Ord. 196 § 23, 1975)
13.08.240 Delinquency--Notice.
On the fifteenth day of each month the clerk shall make a delinquent roll, listing the names of those delinquent and the charges against each delinquent, including a one dollar ($1.00) penalty above indicated. On or before the sixteenth day of each month the clerk shall mail to each delinquent sewer user a statement showing the total amount charged against him or her, and notifying such sewer user that unless this total amount is paid to the clerk on or before the twenty-fifth day of the month the water service to his or her premises shall be discontinued. (Ord. 196 § 24, 1975)
13.08.250 List--Discontinuance of water.
On the twenty-fifth day of each month the treasurer shall make out a list containing the names of all sewer users then delinquent in the payment for the use of the sewer during the previous month, together with the amounts of the delinquency charges, including penalties, and shall direct the water commissioner to shut off and discontinue all water to the premises to which the delinquency applies, and the same shall not be reinstated or turned on again until the delinquency charge, including penalties, has been paid. (Ord. 196 § 25, 1975)
13.08.260 Application for sewer connections--Fees.
The water commissioner is authorized to permit connections to be made with the city sewer system by any property owner desiring to connect with the sewer system; provided, that any person desiring to so connect with the sewer system shall make application therefor, in writing, to the water commissioner, and in which application he or she shall describe in particular the connection to be made and along what streets or alleys the applicant proposed to construct any sewer, the probable cost of such connection along said street or alley and the applicant shall give such other information as the water commissioner may demand. If a permit is granted, such connecting sewer shall be of such size and shall be built of such materials and at such point and of such grade and depth as the water commissioner and city engineer may direct, taking into consideration future connections which may be made with such connecting sewer. The water commissioner may refuse to issue such permit if the proposed connection would overload any existing sewer or drain. All decisions of the water commissioner and city engineer may be reviewed and modified or reversed by the council.
There shall be no fee charge for a permit to make a service sewer connection with a city sewer line if the property for which the sewer connection is desired has contributed equally toward the cost of the original construction of the city sewer line whether on an assessment or cash basis. Otherwise, the application shall be accompanied by a sum of three hundred fifty dollars ($350.00), which shall be a fee payable to the city for each and every service connection made to the city sewer line from said property, a charge of fifty dollars ($50.00) will be made by the water comissioner for each inspection of sewer service connections. (Ord. 196 § 26, 1975)
13.08.270 Sewers property of city--Filing of costs.
All sewers located in any street or alley in the city shall belong to the city, and in the event that any person shall make a connection with the city sewer system and such connection is available to others who might connect with such connection, the person so first connecting with the sewer shall, as soon as such connection is made, file with the clerk an itemized statement of the costs of building such connecting sewer. The water commissioner, together with the city engineer, shall audit and determine the reasonable costs of such connection through any streets or alleys and file a report thereon with the clerk, and in the event that the water commissioner and the city engineer shall determine that the cost of such connecting sewer is less than that submitted by the person constructing such sewer, the water commissioner and the city engineer shall hold a hearing and give such person ten (10) days written notice of such hearing and at such hearing evidence may be taken by the city engineer and the water commissioner of the cost of such sewer and at the close of such hearing the commissioner and engineer shall file a written report with the clerk of their determination of the costs and expenses of building and connecting such sewer with any sewer, and which determination shall be subject to review by the council at its next regular meeting after the filing of such report. It shall be the duty of the clerk to give the person building such connecting sewer written notice of the regular meeting of the council and that the costs of building such sewer will be settled at such meeting, and the council shall have the power to fix the cost of such connecting sewer, which determination shall be final and binding upon all parties. (Ord. 196 § 27, 1975)
13.08.280 Permitting other connections--Costs to be paid.
The water commissioner may permit other connections to be made with such connecting sewer by other parties upon payment to the city of the proportionate share of the cost of constructing such connecting sewer properly payable by the person wishing to connect thereon. The amount of payment to be made for such connection shall be based upon the original cost of such connecting sewer, as determined by the water commissioner and city engineer, taking into consideration the probable future use of such sewer by other connection therewith. No extra allowance shall be made for interest upon the original investment in such connecting sewer, and no deduction. shall be made for depreciation thereon.
If the property proposed to be connected with such connecting sewer abuts upon or is adjacent to such sewer, the owner of the same shall pay to the city for so connecting that proportion of the total original cost of such connecting sewer which the frontage of all the property he owns abutting upon or adjacent to such connecting sewer bears to the total frontage capable of being served by such connecting sewer. In the event the property proposed to be connected to such connecting sewer does not abut upon and is not adjacent to such connecting sewer, then the owner of such property shall pay such fee as reasonably compensates the original builder for the use thereof. The amounts shall be fixed by the water commissioner and the city engineer. All decisions of the commissioner and engineer under this chapter shall be subject to review by the council, after reasonable notice to the party concerned, and may be modified or reversed by the council. (Ord. 196 § 28, 1975)
13.08.290 Person first connecting may receive money from later connections.
Upon payment of any money to the city by a person desiring to connect with such sewer, the person first constructing such connecting sewer, or his or her successors or assigns, shall be entitled to such moneys upon filing a claim with the clerk to be allowed by the council us other bills against the city are allowed and paid. (Ord. 196 § 29, 1975)
13.08.300 Private sewer prohibited.
All connections with the city’s sewer system in any street or alley shall belong to the city and no private sewer, except as otherwise provided in this chapter shall be deemed valid and binding upon the city or any of its inhabitants. (Ord. 196 § 30, 1975)
13.08.310 Private sewer abolished.
It is the intent and purpose of this chapter to abolish all private sewer connections with the city sewer system and the city shall own all sewer connections made by private persons along any street or alley and the city shall own, control and operate all sewers laid or placed along any street or alley within the corporate limits. (Ord. 196 § 31, 1975)
13.08.320 Contents of cost statements.
Any person filing a cost statement on connecting sewers constructed or to be constructed shall specify the particular land to which the right to claim reimbursements for connections thereafter made by other persons upon such connecting sewer shall be appurtenant. In the event such land shall be subdivided, the right to reimbursement for subsequent connections shall be prorated between the several portions created by said subdivision in accordance with the area of such portion. The original cost estimate may divide such total cost among several separate tracts of land in the first instance, in which event the right to reimbursement shall be prorated according to the proportion of the cost attributed to and appurtenant to each tract. (Ord. 196 § 32, 1975)
13.08.330 City not liable. The city shall in no circumstances become liable to any person who has constructed a connecting sewer except to the extent of the money collected for his or her use and benefit as herein provided. In the event that the city has paid moneys so collected to any person claiming to be the rightful owner of the land to which the right to be reimbursed for subsequent connections may be appurtenant, it shall not be liable to any other person for and on account of such moneys. (Ord. 196 § 33, 1975)
13.08.340 Illegal connections prohibited. No person shall connect with the sewer system of the city without a permit as set forth in this chapter. Any illegal connection may be prevented by the city’s severing such connection or by injunction or other appropriate action, instituted in the name of either the city or the property owner entitled to reimbursement. The right to collect reimbursement for connecting with a sewer connected at private expense on which cost statements have been filed as herein provided may be enforced by the property owner beneficially interested in an ordinary civil action in any court of competent jurisdiction. (Ord. 196 § 34, 1975)
13.08.350 Connecting sewer--Connections defined. The words “connecting sewer” or “connection” as used in this chapter means that portion on any sewer pipe or line which is located within any street or alley and which is or has been constructed at private expense and connected with the city sewer system. (Ord. 196 § 35, 1975)
13.08.360 Responsibility to maintain feeder sewer pipe and sewer lines. It shall be the responsibility of each sewer user to maintain all sewer pipes and sewer lines from his or her inlet to the connection of his or her sewer pipe and sewer line to the city sewer system being the collector sewer lines located in the streets and alleys of the city. (Ord. 196 § 36, 1975)
13.08.370 Violation--Penalty. Any person, firm or corporation that shall fail to comply with, or violate any of the provisions of this chapter shall be deemed guilty of a misdemeanor and upon conviction thereof shall be fined in an amount not exceeding three hundred dollars ($300.00) or imprisonment in the county jail for a period not to exceed thirty (30) days, or both such fine and imprisonment for each offense, provided that each day a violation is permitted to exist shall constitute a separate offense. (Ord. 196 § 37, 1975)
Back to Top
Title 15 Construction
Chapters: 15.04 Uniform Construction Codes Adopted 15.08 Manufactured Housing and Mobile Homes 15.12 City Impact Area 15.16 Flood Hazard Area Regulations
Chapter 15.04 UNIFORM CONSTRUCTION CODES ADOPTED Sections: 15.04.010 Code adoption. 15.04.020 Amendments to adopted codes. 15.04.030 Available for inspection. 15.04.040 Notice of noncompliant building or structure. 15.04.050 Exemptions. 15.04.060 Enforcement and penalties.
15.04.010 Code adoption. The approved editions of the following nationally and statewide recognized codes, as adopted by the state of Idaho Building Code Board, are adopted as the official building codes of the city of Juliaetta, except as provided in Section 15.04.020: International Building Code International Residential Code, parts I-IV, and IX International Energy Conservation Code A. The adopted versions of the foregoing codes shall be deemed superceded by successive versions of such codes as they are adopted or approved by the Idaho Building Code Board effective on the date any such codes are made effective by the Idaho Building Code Board. B. The 1997 Uniform Code for Building Conservation, the 1997 Uniform Mechanical Code, the 1997 Uniform Housing Code and the 1997 Code for the Abatement of Dangerous Buildings are adopted as building codes of the city of Juliaetta, except as provided below. (Ord, 2003-2 § 1)
15.04.020 Amendments to adopted codes. The following amendments shall be applicable to the adopted building codes: A. Scope. The provisions of this code shall apply to the construction, alteration, moving, repair, maintenance and use of any building or structure within the city of Juliaetta, except work located primarily in a public way, public utility towers and poles, mechanical equipment not specifically regulated in this code, and hydraulic flood control devices. Where, in any specific case, different sections of this code specify different materials, methods of construction or other requirements, the most restrictive shall govern. Where there is a conflict between a general requirement and a specific requirement, the specific requirement shall be applicable. Wherever in this code reference is made to the appendix, the provisions in the appendix shall not apply unless specifically adopted. B. Amendments to the 1997 Uniform Building Code. Section 104.2.4, Section 105, Section 106, Section 109, Chapter Four, Section 1806 and Section 1914 of the 1997 Uniform Building Code are hereby amended as follows:
Section 104.2.4 Stop Orders. Whenever any work is being done contrary to the provisions of this code, or other pertinent laws or ordinances implemented through the enforcement of this code, the building official may order the work stopped by posting a stop work order at the construction site, notification by certified mail to the property owner, or other method which provides written notice to the property owner or persons engaged in the work. Upon notification, all such work shall cease until authorized to resume by the building official.
Section 105.1 General. In order to hear and decide appeals of orders, decisions or determinations made by the building official relative to the application and interpretation to this code, there shall be and is hereby created a board of appeals consisting of three members who are qualified by experience and training to pass on matters pertaining to building construction and who are not employees of the jurisdiction The board of appeals shall be appointed by the Mayor and City Council of the City of Juliaetta and shall hold office at its pleasure. A member of the board of appeals shall act as Secretary. The board of appeals shall render all decisions and findings in writing to the appellant with a duplicate copy to the building official.
Section 105.3 Filing and Timing of Appeals. Any person may file an appeal from any notice or action of the building official to provide for the reasonable interpretation of the provisions of the codes as adopted. A $25.00 fee and written appeal describing the specific issues being appealed must be submitted to the City clerk within fifteen (15) days of the date of notice or action of the building official. After receiving the written appeal, the board of appeals shall be appointed within fifteen (15) days and shall fix a date, time, and place for hearing the appeal. The board of appeals shall hear the appeal within thirty (30) days after appointment by the Mayor and City Council. Written notice of the time and place of the hearing shall be given at least fifteen (15) days prior to the date of the hearing to each appellant and to the building official. The board of |
