This Chapter shall be known as the ADA COUNTY 208 SEWAGE ORDINANCE. (Ord. 111-1-83, 10-12-83)

The provisions of this Chapter are intended to insure that the disposal of sewage shall be accomplished in a safe and sanitary manner in order to protect the public health, safety and welfare to the greatest extent possible. This purpose is intended to be accomplished by attempts to reduce or prevent pollution from individual on-site sewage disposal systems and subdivision or plat sewage disposal systems, the primary management principles will be:

 

(Ord. 111-1-83, 10-12-83; amd. Ord. 269, 1-6-94)

This Chapter is applicable to all individual on-site sewage disposal systems proposed to be constructed in Ada County after the effective date of this Chapter. Any sewage disposal system for which a permit was previously issued is not subject to the provisions of this Chapter unless otherwise herein provided. (Ord. 111-1-83, 10-12-83)

COMMUNITY SUBSURFACE SEWAGE DISPOSAL SYSTEM: Any on-site sewage disposal system utilizing subsurface disposal and having two (2) or more connections and/or flows equal to or exceeding two thousand five hundred (2,500) g.p.d.

DIRECTOR: The Director of Public Health District IV, or his designee or authorized agent.

HEALTH AUTHORITY: Public Health District IV, or such agency or unit of government as may succeed to its powers, duties or responsibilities.

INDIVIDUAL AND SUBSURFACE ON-SITE SEWAGE DISPOSAL SYSTEM: A sewage disposal system, other than a municipal or community system, which receives either human excreta or liquid waste, or both, from a single premises. Included within the scope of this definition are septic tank - soil absorption systems, privies and chemical type toilets, and such other types as may be approved by the Director.

INSTALLER'S CERTIFICATE: A certificate issued by the Health Authority to a licensed installer in accordance with subsection 5-1-5C of this Chapter.

LICENSED INSTALLER: A person holding an installer's registration permit under Idaho Department of Health and Welfare Division of Environment Rules and Regulations for Individual and Subsurface Sewage Disposal Systems, February 1978.

MUNICIPAL SEWER SYSTEM: Any publicly-owned and maintained sewage system, system of conveyance, piping, or any part thereof, that transports sewage away from the property or origin to publicly-owned and operated sewage treatment and disposal facilities.

PERSON: Any institution, public or private corporation, individual, partnership or other entity.

SCUM: A mass of sewage solids in a septic tank floating at the surface of the liquid, which is buoyed up by entrained gas, grease, or other substances.

SEWAGE: Any liquid or semiliquid waste containing animal or vegetable matter in suspension or solution and may include liquids containing chemicals in solution.

SLUDGE: A mass of sewage solids in a septic tank which accumulates at the bottom of the tank. (Ord. 111-1-83, 10-12-1983)

   A.   Construction Permit And Fees: A permit shall be required prior to the construction, reconstruction or replacement of an individual sewage disposal system. A fee for each permit shall be paid to the health authority as set forth below, in addition to any fee duly adopted by state authorities. Where work for which a permit is required by this code is started or proceeded with prior to obtaining said permit, the fees specified below shall be doubled, but the payment of such double fee shall not relieve any persons from fully complying with the requirements of this chapter in the execution of the work nor from any other penalties prescribed herein.

 

   B.   Sanitary Restrictions Administration Fees: For those services rendered in the administration of sanitary restrictions, pursuant to section 50-1326, Idaho Code, the following fees shall be paid to the health authority as set forth below, and shall include any fee duly adopted by state authorities:

 

   C.   Parcel Reviews: For those services rendered in evaluating existing water supply or sewage disposal systems when such evaluation is a condition of sale of real property, the following fees shall be paid to the health authority as set forth below, and shall include any fee duly adopted by state authorities:

 

   D.   Installer's Certificate: Any licensed septic tank installer working in Ada County shall have made annual application for and have received a certificate from the health authority. This certificate will be issued by the health authority upon satisfactory completion of a test and prescribed course work annually. The test and course work will include, but not be limited to, the following: basic soils, percolation testing, system installation criteria, code requirements and alternative systems installation requirements. (Ord. 111-1-83, 10-12-1983; amd. Ord. 269, 1-6-1994; amd. Ord. 314, 7-5-1996; amd. Ord. 402, 9-26-2000; amd. Ord. 440, 10-23-2001)

   A.   Installation Details Approved And Recorded: Installation details of all individual on site sewage disposal systems shall be recorded on the plot plan for the development and be approved by the health authority prior to issuance of a construction permit by the health authority.

   B.   Inspection Required: Two (2) inspections shall be made on all newly installed systems, one immediately after site excavation and the second after the system has been installed but prior to backfilling. The second inspection may be waived at the discretion of the health authority and with adequate information being submitted by the installer. (Ord. 111-1-83, 10-12-1983)

   A.   Failure Of Systems, Backup:

      1.   New On Site System Design: All newly installed individual on site sewage systems shall be designed and installed so that in case of subsurface sewage disposal system failure, a second subsurface sewage disposal system can be installed in a manner which will allow installation of an alternating valve and the continued use of the first subsurface sewage disposal system after rejuvenation, if the first subsurface sewage disposal system can be reused.

      2.   Failure Of Existing On Site System: When, and if, any existing individual on site sewage disposal system fails, the health authority must approve the design and installation of the replacement subsurface sewage disposal system and an alternating dual subsurface sewage disposal system must be established once the subsurface sewage disposal system has recovered sufficiently to provide adequate treatment, if it can recover.

   B.   Municipal Sewer System Variance: When a municipal sewer system is to be installed within one year, the health authority may issue a variance on the size of the individual on site sewage disposal system.

   C.   Interim On Site System/Dry Lines: The installation of an interim on site sewage disposal system in areas where dry line sewers will also be established shall require complete dry line installation to the property lines by the contractor to eliminate road, sidewalk and/or other structural removal when a municipal sewer system becomes available.

   D.   New Septic Tank Specifications: All new septic tank installations in Ada County shall have a marker pipe that shall consist of a section of four inch (4") ABS or PVC pipe that extends from a fitting in the lid of the manhole to the ground surface. (Ord. 111-1-83, 10-12-1983)

   A.   Method Of Tracking: The health authority shall develop a method of tracking septic tanks being pumped in Ada County.

   B.   Pumping Requirements: Septic tanks are to be adequately pumped such that no more than two inches (2") of the sludge and scum remain. (Ord. 111-1-83, 10-12-1983)

Any person violating the provisions of this chapter shall, upon conviction thereof, be punished by a fine not exceeding one thousand dollars ($1,000.00) or imprisonment in the county jail not exceeding six (6) months, or by both such fine and imprisonment. (Ord. 111-1-83, 10-12-1983; amd. Ord. 629, 7-31-2006)

This chapter shall be known and cited as the ADA COUNTY SOLID WASTE ORDINANCE. (Ord. 577, 3-22-2005)

   A.   Pursuant to chapter 44, title 31, and chapter 74, title 39, Idaho Code, the board of Ada County commissioners has the authority and duty to establish sanitary standards and a method of collection and disposal of waste for the promotion of individual and community health and the prevention of the outbreak and spread of dangerous, contagious and infectious disease.

   B.   Through this chapter, the board intends to establish a comprehensive countywide system for the proper handling of all solid waste, including recyclable materials, originating from residential, commercial, agricultural and industrial operations, and other sources, to prevent land, air and water pollution, insect and rodent infestation, the creation of fire hazards, and to conserve the natural, economic and energy resources of the county.

   C.   These regulations shall apply to all lands within the unincorporated territory of Ada County and to incorporated areas where the board has entered into agreements with the governing bodies of such areas. It shall be unlawful hereafter in such areas to keep, collect, haul, transport or dispose of waste except as herein provided.

   D.   Should any section, clause or provision of this chapter be declared by a court of competent jurisdiction to be invalid, the same shall not affect the validity of this chapter as a whole or any part thereof, other than the part so declared to be invalid, each section, clause and provision hereof being declared severable. (Ord. 577, 3-22-2005)

For the purposes of this chapter, the following terms, phrases and words shall have the meanings given herein. When consistent with the context, words used in the present tense include the future, words in the plural number include the singular, and words in the singular number include the plural. For the purpose of this chapter, all terms, phrases and words shall have their ordinary and customary meanings unless otherwise provided herein.

ADA COUNTY WASTE: Waste generated in Ada County authorized for disposal at a landfill in Ada County.

ASBESTOS CONTAINING MATERIAL: Any material containing at least one percent (1%) asbestos determined by polarized light microscopy using the interim method of the determination of asbestos in bulk samples contained in appendix A of subpart F in 40 CFR part 763.

ASH: The solid material left when combustible material is thoroughly burned or is oxidized by chemical means.

BILLING SERVICES: An enterprise fund established by the board to account for the receipts and expenses of providing waste collection services within unincorporated Ada County, which is administered by the board or its designee.

BIOMEDICAL WASTE: Untreated, solid waste from medical, dental, and intermediate care facilities, research centers, veterinary clinics, laboratories, funeral homes/mortuaries and other similar facilities, that has the potential to cause an infectious disease via exposure to a pathogenic organism of sufficient virulence and dosage through a portal of entry in a susceptible host.

BOARD: The Ada County board of county commissioners.

BULKY WASTE: Large items of refuse, including, but not limited to, appliances, furniture, large trees and stumps, and other oversized solid waste.

CARRYOUT SERVICE: A service by which contractor's employees enter a residential customer's property to convey waste and recyclable materials to the contractor's collection vehicle. This service may include an additional fee.

CLEAN WOOD WASTE: Solid waste consisting of wood pieces or particles generated as a byproduct or waste from the manufacturing of wood products, handling and storage of raw materials and trees. This includes, but is not limited to, sawdust, chips, shavings, bark, pulp, log fuel and log yard waste, but does not include wood pieces or particles containing chemical preservatives such as creosote, pentachlorophenol or copper chrome arsenate.

COLLECTOR: Any person holding a contract with Ada County authorized and designated by Ada County to collect, handle, transport and dispose of solid waste.

COMMERCIAL CUSTOMER: Owner or occupant of a premises associated with, but not limited to, businesses, industries, government agencies, schools, mobile home parks, multi-family dwellings (triplex or larger) and temporary construction activities who chooses to receive solid waste collection services.

COMMERCIAL PREMISES: Premises associated with, but not limited to, businesses, industries, government agencies, schools, mobile home parks, multi-family dwellings (triplex or larger) and temporary construction activities.

COMMERCIAL SERVICE: Optional solid waste collection services for commercial premises associated with business, industrial and commercial premises. Commercial service includes residential service provided in commercial sanitary containers for private use, and residential service provided for the removal of stable matter in excess of five (5) cubic feet (exceeding 35 pounds).

COMMERCIAL SOLID WASTE: All types of solid waste generated by commercial customers on commercial premises. Commercial solid waste includes stable matter in excess of five (5) cubic feet (exceeding 35 pounds) generated by residential customers.

COMPOST: A biologically stable material derived from the composting process.

COMPOSTING: Biological decomposition of organic matter. It is accomplished by mixing and piling in such a way to promote aerobic and/or anaerobic decay. The process inhibits pathogens, viable weed seeds and odors.

COMPOSTING, AGRICULTURAL SERVICE: Large scale commercial production of compost intended for agricultural use. Agricultural service composting operations shall comply with title 8 of this code and shall be approved by the Idaho department of agriculture.

COMPOSTING FACILITY, COMMERCIAL: Facility for the large scale production of compost intended for sale and use on premises other than that where such compost is produced. Commercial composting facilities shall be approved by the Central District health department and shall comply with the provisions of title 8 of this code. Agricultural service composting is not included.

COMPOSTING, PRIVATE: Producing compost, not for sale, on a parcel less than five (5) acres, not to exceed ten (10) cubic yards at any particular time, for use on the same premises where such compost is produced.

CONDITIONALLY EXEMPT SMALL QUANTITY GENERATOR (CESQG): A person who generates no more than one hundred kilograms (100 kg) (approximately 220 pounds) per month of nonacute hazardous material and no more than one kilogram (1 kg) (approximately 2.2 pounds) of acute hazardous material; or no more than one hundred kilograms (100 kg) per month of any residue or contaminated soil, material or other debris resulting from the cleanup of any spill or release of acute hazardous material.

CONSTRUCTION AND DEMOLITION DEBRIS: Waste building materials, packaging and rubble resulting from construction, remodeling, repair and demolition operations on pavements, houses, commercial buildings and other structures. Such waste includes, but is not limited to, carpet, carpet padding, bricks, concrete, masonry materials, soil, rock, lumber, road spoils, rebar, paving materials and tree stumps. Noninert wastes and asbestos wastes are not considered demolition waste.

CONTAINER, SANITARY: For residential purposes, sanitary containers are sixty five (65) to ninety five (95) gallon capacity wheeled carts available from the contractor.

CONTRACT: An exclusive contract/privilege granted by Ada County to collect, handle, dispose, or recycle solid waste.

CONTRACTOR: The person, firm or corporation awarded an exclusive contract to collect, handle, transport, dispose, recycle or recover solid waste.

COUNTY: Ada County, Idaho.

COUNTY OPERATED DISPOSAL SITE: A disposal site owned or operated by the county.

DISCOUNTED SERVICE: A reduction in the amount charged for residential service for senior citizens, sixty five (65) years or older, at their primary residence.

DISPOSAL SITE: A board approved location where any treatment, utilization, processing or final deposition of solid waste occurs, including, but not limited to, sanitary landfills, waste transfer stations, and public tipping areas.

HAZARDOUS WASTE: Wastes listed as hazardous by the administrator of the United States environmental protection agency (EPA) in 40 CFR part 261, or waste that meets one or more of the hazardous waste criteria as defined by the EPA. The criteria are: corrosivity, ignitability, reactivity, and toxicity characteristic leaching procedure (TCLP) toxicity.

HOUSEHOLD HAZARDOUS MATERIAL COLLECTION FACILITY: A board approved transfer station where residents and CESQGs may deposit household hazardous waste and CESQG waste for recycling, reuse, or final disposal.

HOUSEHOLD HAZARDOUS WASTE: A waste product derived from a household that meets the definition of "hazardous waste", or that the board defines as hazardous waste. Household hazardous waste includes, but is not limited to, cathode ray tubes (CRT), household cleaners, automotive fluids, pesticides and herbicides.

INCINERATION: The controlled combustion of solid waste that yields nonputrescible residues and air effluents in compliance with applicable air pollution regulations.

INORGANIC SOLID WASTE: All substances that are included within the definition of "solid waste", as herein defined, excepting those substances consisting solely of material not comprised of or derived from once living organisms and that are in no way inimical to the public welfare.

LANDFILL: See definitions of Sanitary Landfill and Public Tipping Area.

LIQUID WASTE: As defined in 40 CFR 258.28(c)(1), any material that produces measurable liquid as a result of the paint filter liquids test method 9095 of EPA SW-846.

OCCUPANT: Any person in possession, charge or control of any premises.

OWNER: The current deeded owner, according to the records in the Ada County assessor's office, of any premises.

PERSON: Any individual, firm, lessor, partnership, association, institution, government agency, municipality, or public or private corporation, in the plural as well as singular.

PETROLEUM CONTAMINATED SOIL: Soil in which petroleum, petroleum byproducts, or petroleum based fuels have been spilled, leaked or dumped and which fail the test for toxicity characteristics of 40 CFR part 261.4.

PREMISES: Any dwelling, flat, rooming house, apartment house, hospital, school, hotel, restaurant, boarding house, shop, place of business, manufacturing business, establishment or any other building, structure or parcel of land.

PUBLIC NUISANCE: A condition created by an unreasonable or unlawful act or omission by a person on his own property that injures or endangers the health, safety, or comfort of a considerable number of others, is offensive to community moral standards, or unlawfully obstructs the public in free use of public property.

PUBLIC TIPPING AREA: Specifically designated location within a sanitary landfill where waste is deposited for final disposal.

PUTRESCIBLE MATERIAL: Solid waste that contains material capable of being decomposed by microorganisms.

RECREATIONAL OR WARMING FIRE: The burning of material other than waste where the fuel being burned is not contained in an incinerator, outdoor fireplace, barbecue grill or barbecue pit and with a total fuel area of three feet (3') or less in diameter and two feet (2') or less in height for pleasure, religious, ceremonial, cooking or similar purposes.

RECYCLABLE MATERIALS: Materials that still have useful physical, chemical or biological properties after serving their original purposes and can, therefore, be reasonably reused or recycled for the same or other purposes.

RECYCLING BIN: A collector's container that is set out in such a manner to allow for safe collection of recyclable materials.

RECYCLING CENTER: An enclosed facility where recyclable materials are collected, sorted, flattened, crushed or bundled for shipment to reprocessors and reusers of the materials. Recycling centers shall comply with the provisions of title 8 of this code.

RECYCLING PLANT: A facility where recyclable materials are reprocessed and/or reused from their waste form into new products or raw materials. Recycling plants shall comply with the provisions of title 8 of this code.

REPORTS: The reports required of or from collectors as to area served, routes handled, trucks and personnel employed.

RESIDENT: A person with a home, house, place of abode, place of habitation, dwelling or place where one actually resides in Ada County for a consecutive period of thirty (30) days.

RESIDENTIAL COLLECTION SERVICE: Mandatory solid waste collection service for residential customers.

RESIDENTIAL CUSTOMER: The occupant or owner of a residential premises in Ada County.

RESIDENTIAL PREMISES: A separate dwelling or residential unit occupied, or that may be occupied, by a person or group of persons which may be a single-family residence, manufactured home, condominium, duplex or multiplex. Each residence is considered separate for solid waste service and billing purposes.

RESIDENTIAL RECYCLING PROGRAM: The collection by the contractor of contract specified recyclable materials from residential customers.

RESIDENTIAL WASTE: Waste generated by a residential customer that fits into and weighs no more than the limits established for an approved residential sanitary container. Residential waste excludes bulky and hazardous waste, construction and demolition debris, stable matter in excess of five (5) cubic feet (exceeding 35 pounds), and all other wastes prohibited from disposal at the county's sanitary landfills or other disposal sites.

SANITARY CONDITION: Maintenance of a premises, public or private, improved or vacant, so that the premises does not or is not likely to attract flies or allow for fly breeding; affords food or harborage for rodents or pests; or acts as a source of noxious or offensive odors or conditions inimical to the public interest or health.

SANITARY LANDFILL: An area of land or an excavation in which wastes are placed for permanent disposal, excluding land application units, surface impoundments, injection wells or waste piles.

SCAVENGING: The unauthorized removal of materials from a disposal site, commercial or residential sanitary container or recycling bin.

SELF-HAULER: A person who collects and transports solid waste generated at their own premises to a disposal site by their own means. Persons who self-haul must comply with the provisions of this chapter.

SLUDGE: Any solid, semisolid, or liquid waste generated from a municipal, commercial, or industrial wastewater treatment plant, water supply treatment plant or air pollution control facility exclusive of the treated effluent from a wastewater treatment plant.

SOLID WASTE: Any garbage or refuse, sludge from a wastewater treatment plant, water supply treatment plant, or air pollution control facility and other discarded material including solid, semisolid, or contained gaseous material resulting from industrial, commercial mining, and agricultural operations and from community activities, but does not include solid or dissolved materials in domestic sewage, or solid or dissolved materials in irrigation return flows or industrial discharges that are point sources subject to permit under 33 USC 1342.

SOLID WASTE MANAGEMENT DIVISION: The division of the county's operations department responsible for managing the county operated waste disposal facilities, recommending change and improvements to the board concerning this chapter, collecting fees at the county operated sanitary landfills for disposal of solid waste, enforcing regulations established by the board for the collection, storage, handling, transportation and disposal of solid waste, and developing contract specifications and monitoring established contracts for solid waste fee collection in unincorporated Ada County.

SPECIFICATIONS: The requirements pertaining to waste management established from time to time by the board on recommendation of the solid waste management division.

STABLE MATTER: All manure and other waste matter normally accumulated in or about a stable or any animal, livestock, or poultry enclosure, and resulting from the keeping of animals, poultry, or livestock.

STATEMENTS: Fiscal reporting required of the contracted collector such as annual financial operations, rates charged, accounts collected and delinquent and other pertinent information desired by the board.

STREET: A right of way which provides vehicular and pedestrian access to adjacent properties. This definition includes the terms alley, highway, thoroughfare, road, avenue, boulevard, lane, place, cul-de-sac, drive and private right of way.

WASTE: Unwanted, useless material, including trash, garbage, refuse, and debris; or any material intended for permanent disposal, excepting hazardous waste.

WASTE TRANSFER STATION: A fixed intermediate facility, approved by the board for the centralized collection of solid waste and other collected material prior to transport for final disposal.

YARD WASTE: Organic material generated as a result of normal maintenance of residential yards and gardens. These wastes include grass clippings, pruning wastes, small limbs, leaves and other organic wastes. Not included in yard and garden wastes are sod or vegetation with trapped rocks/dirt, stumps, food wastes and animal wastes. (Ord. 577, 3-22-2005; amd. Ord. 644, 11-21-2006; amd. Ord. 744, 2-23-2010; amd. Ord. 831, 10-28-2014; Ord. 938, 8-16-2022)

   A.   Service: To maintain the public health, safety and aesthetics of the county, all owners of residential premises in unincorporated Ada County that can be served by the county's solid waste collection contractor shall be provided solid waste collection services, and shall be required to pay for such services pursuant to Idaho Code sections 31-4404, 63-902(10), 31-870(1) and (2) as they are amended from time to time, unless services are suspended or exempted as provided herein.

   B.   Inaccessible Premises: If a residential customer believes its residential premises are inaccessible by the contractor, then it may contact the contractor and request an exemption from service. The contractor shall inspect the premises, determine accessibility, and inform the board or its designee whether such premises are inaccessible. If the contractor determines that the residential premises are inaccessible, then the residential customer's account shall be suspended for a period not to exceed one (1) year. After one (1) year, the residential customer may contact the contractor to request a new exemption.

   C.   Commercial Services In Lieu Of Residential Collection Services: A residential customer may request commercial services, in lieu of the mandatory residential collection services, by application to the Board's designee. Failure to pay the fees required for commercial services will result in the actions set forth in 5-2-4-1-D.5, including certifying any amounts due to the owner's ad valorem taxes pursuant to Idaho Code sections 31-4404, 63-902(10), 31-870(1), and 31-870(2), as they are amended from time to time.

   D.   Service Fee: Residential collection service fees, including late charges, shall be approved by the board or its designee.

   A.   Deposit Of Waste At Disposal Sites Only: All persons shall maintain their premises in sanitary condition. No person shall throw or deposit or permit to accumulate any waste in or on premises, improved or vacant, either public or private, within unincorporated Ada County, unless said premises is a disposal site, so that it constitutes a public nuisance under Idaho Code title 18, chapter 59, or is likely to:

      1.   Attract flies or fly breeding;

      2.   Afford food or harborage for rodents and pests;

      3.   Be a source of noxious or offensive odors or conditions inimical to public interest or health.

   B.   Deposit Of Waste Or Lighted Material On Public Ways: No person shall wilfully or negligently throw from any vehicle, place, deposit or permit to be deposited upon or alongside of any highway, street, alley or easement used by the public for public travel, any waste or lighted material.

   C.   Other Applicable Regulations: No section or provision of these regulations shall be construed to prohibit anything permitted or authorized under other applicable regulations.

   D.   Vacating Premises: It shall be unlawful for any person upon vacating premises to fail to remove all waste from such premises and appurtenances thereto; or to fail to place the premises in a thoroughly sanitary condition within twenty four (24) hours after said premises is vacated.

   E.   Composting: Composting is permissible. Matter used for composting may be transported, kept, and used, provided the compost or matter used for composting shall not constitute a public nuisance. For the purposes of this chapter, there are three (3) types of composting activities: agricultural service composting, commercial composting facility, and private composting as defined in section 5-2-3 of this chapter. (Ord. 577, 3-22-2005)

   A.   It shall be the duty of every owner or occupant of any premises where waste is generated to at all times keep, or cause to be kept, a sanitary container and, except as otherwise provided, to deposit or cause to be deposited therein all solid waste generated. (see Section 5-2-3 Definitions - Container, Sanitary)

   B.   It shall be a violation hereof to place or deposit any solid waste whatsoever in or around a sanitary container owned or provided for the use of another person without that person's prior approval.

   C.   Residential waste must be kept in a sanitary container, with the exception of bulky waste and other waste specified in item D of this section. The combined weight of a sanitary container and its contents is not to exceed sixty (60) pounds unless it can be lifted by contactor's semi-automated equipment. Contents of the sanitary containers must not be compacted to the extent of obstructing free and easy removal from the wheeled cart. Approved sanitary containers for use by residential customers may be any of the following:

      1.   Wheeled plastic carts available from the contractor with all of the following specifications:

         a.   Capacity of 65 or 95 gallons; and,

         b.   Equipped with close-fitting lids or covers.

      2.   Disposable (nonreturnable) paper sacks for leaf collection only.

      3.   Sanitary containers available from the contractor from 1 yard to 8 yards in size.

      4.   Roll off boxes available from the contractor on a temporary basis for the purpose of collecting and disposing construction and demolition debris or other contractor waste.

   D.   Branches, tree trimmings, limbs, hedge cuttings and other clean wood waste exceeding the capacity of approved sanitary containers shall be tied into bundles not heavier than sixty (60) pounds, nor more than four feet (4') in length and eighteen inches (18") in diameter.

   E.   It shall be the duty of every owner or occupant to maintain the sanitary containers in a secure condition so as to avoid offensive odors, health hazards and the scattering and spilling of waste. Any owner or occupant of a premises may be charged an additional fee if cleanup of scattered or spilled waste is necessary.

   F.   All sanitary containers shall be made available for conveyance to contractor's vehicles by placement no more than four feet (4') from the street, or as close as reasonably possible to the street, without obstructing parking areas, exit/entrances or pedestrian traffic. In cases where the contractor does not have reasonable access to the sanitary container, the containers may be kept in a place where agreed upon by the owner or occupant and the contractor, or at such place designated by the inspector. Sanitary containers set out farther than four feet (4') from the street may be subject to carry out service and an additional fee.

   G.   Sanitary containers shall be placed for collection no later than seven o'clock (7:00) A.M. on the regularly scheduled collection day, but no sooner than the evening prior to collection. Sanitary containers may not be stored curbside or in the right of way. Upon collection, sanitary containers must be promptly returned to their regular storage area on the owner's premises no later than seven o'clock (7:00) P.M. on the day of collection.

   H.   It shall be unlawful for any person to transport waste without securing the load to the vehicle or without securely covering the waste in the vehicle, to prevent scattering, blowing and/or loss of waste during transport. (Ord. 577, 3-22-2005; amd. Ord. 661, 3-27-2007; amd. Ord. 676, 9-25-2007; Ord. 938, 8-16-2022)

   A.   Nothing herein shall be deemed as prohibiting any person from self-hauling solid waste or recyclable materials to sites designated by the board for receiving such materials, provided that all solid waste and recyclable material shall be secured in such manner that it will not litter any public or private property, and that such person shall be liable for payment of any fees or charges required thereof.

   B.   Persons not using mandatory trash collection services shall personally dispose of solid waste with the same frequency as the contractor. This responsibility shall not be delegated or transferred to any entity other than the contractor. Residential customers who choose to self-haul waste remain subject to the mandatory trash collection fee in section 5-2-4-1 of this chapter.

   C.   Owners and/or occupants of commercial premises may self-haul waste generated on their premises to disposal sites.

      1.   The owner and/or occupants of commercial premises must own or lease the vehicle hauling the solid waste and shall not be engaged in the business of hauling solid waste, and

      2.   The operator of the vehicle must be an owner or occupant of the commercial premises, or an employee of the commercial enterprise generating the waste, and

      3.   The contracting out, hiring of others, or bartering for waste hauling services shall not be permitted. (Ord. 577, 3-22-2005)

Only county operated disposal sites and disposal sites approved by the board by franchise agreement, contract or otherwise, may accept solid waste for either transfer or permanent disposal. The board may further restrict the kinds of waste that county operated disposal sites and disposal sites approved by franchise agreement, contract, or otherwise, may accept, provided that such restrictions comply with the provisions of this chapter and/or the franchise agreement or contract applicable to the disposal site. (Ord. 577, 3-22-2005; amd. Ord. 744, 2-23-2010)

   A.   Waste Received From: Only waste generated in Ada County or at the Bogus Basin Recreation Area may be deposited at county operated disposal sites; provided, however, that the board, in its sole discretion, may consider and may agree to accept waste generated outside of Ada County or the Bogus Basin Recreational Area (out of county waste) upon a written request which sets forth the circumstances for the request. The board, in its sole discretion, may place any limitations and/or conditions, such as, but not limited to, the duration of acceptance, amount and/or type of out of county waste to be accepted at county operated disposal sites.

   B.   Driver's License: No person shall be permitted to operate a motor vehicle on a county operated disposal site without a valid driver's license.

   C.   County Residency: With the exception of out of county waste as approved by the board, only residents of Ada County may deposit waste at a county operated disposal site. Proof of county residency can be demonstrated by: a valid driver's license or identification card bearing an Ada County address and/or a current utility or property tax bill or receipt bearing an Ada County address. (See definition of "resident" in section 5-2-3 of this chapter.)

   D.   Origin Of Commercial Waste: With the exception of out of county waste as approved by the board, any owner or occupant of commercial premises that chooses to self-haul solid waste to a county operated disposal site pursuant to subsection 5-2-4-4C of this chapter may be required to demonstrate that the material originated in Ada County. The origin of commercial waste material can be demonstrated by:

      1.   Providing the cashier at the gatehouse a copy of the current building permit or property tax notice containing the address of the commercial premises from which the waste was generated; or

      2.   Completing and submitting a landfill disposal authorization form to the solid waste management department. The solid waste management department will verify the information provided.

   E.   Fraudulent Use Of Ada County Disposal Sites: No person may dispose of waste at county operated disposal sites under fraudulent circumstances.

   F.   Scavenging: No person shall scavenge, separate, collect or remove material from a county operated disposal site unless permitted in writing by the designated county official.

   G.   Unlawful Entry: It is unlawful for any person to enter or use county operated disposal sites except during the hours designated unless authorized by the designated county official.

(Ord. 577, 3-22-2005; amd. Ord. 744, 2-23-2010; Ord. 982, 9-26-2024)

   A.   The board, through resolution, may determine the hours of operation, days of operation and operation regulations of county operated disposal sites. The board shall set the fees, through resolution, for solid waste disposal at county operated disposal sites, and the board has the authority to waive these fees at any time, for any reason. The board shall establish the fees for disposal of Ada County waste at disposal sites in the county. Such fees shall be uniform in the amount and method of assessment and collection for all landfills in the county that dispose of Ada County waste.

   B.   The fees for solid waste disposal at county operated disposal sites shall be deposited in a specified fund administered by the board or its designee, and used for operation and expansion of county operated disposal sites, remediation projects, closure and monitoring, as well as to fulfill the payroll obligations of the solid waste management division. Fees for solid waste disposal at disposal sites not operated by the county shall be administered in accordance with the franchise agreement(s) or other contract(s) applicable to such.

   C.   In the case of an emergency affecting the public health, safety, or welfare the fees for solid waste disposal at county operated disposal sites shall be waived up to one thousand dollars ($1,000.00) per month for waste resulting from such emergency. The board shall have the authority to waive additional fees at any time, for any reason. (Ord. 577, 3-22-2005; amd. Ord. 619, 5-12-2006; amd. Ord. 744, 2-23-2010; amd. Ord. 831, 10-28-2014)

   A.   Title to solid waste and nonregulated hazardous waste shall pass to the county at the time of acceptance at a county operated disposal site. Title to solid waste and nonregulated hazardous waste shall pass to the owner or operator of a disposal site not operated by the county at the time of acceptance by the owner or operator at that disposal site. Title to all regulated hazardous waste and otherwise prohibited materials remains with the generator. The county reserves the right to remediate hazardous waste deposited at county operated disposal sites, and seek costs for such remediation from the generator. (Ord. 577, 3-22-2005; amd. Ord. 744, 2-23-2010)

   A.   The solid waste management division shall accept asbestos containing material only at county operated disposal sites under the following conditions:

      1.   The source of asbestos containing material must be located within Ada County. The source of asbestos containing material shall be verified.

      2.   The asbestos containing material shall be bagged in approved asbestos disposal bags, or sealed in plastic approved by the solid waste management division. Asbestos disposal requirements at county operated disposal sites may exceed state and federal regulations.

      3.   Any person disposing of asbestos containing material at a county operated disposal site must notify the solid waste management division during designated administration office hours at least twenty four (24) hours prior to delivery. Notification may be made by telephone, and shall include estimated quantity, time of disposal and the source of material.

      4.   Any person disposing of asbestos containing material shall meet all local, state and federal regulatory agency handling and disposal requirements.

   B.   Disposal of asbestos containing material at county operated disposal sites shall be during specific hours designated by the board. Weather and disposal site conditions may further restrict disposal of asbestos containing material.

   C.   The solid waste management division reserves the right to prohibit disposal of asbestos containing material at county operated disposal sites at any time. (Ord. 577, 3-22-2005; amd. Ord. 744, 2-23-2010)

   A.   County disposal sites can accept, as determined on a case by case basis, petroleum contaminated soil from underground storage tank (UST) cleanup sites. The petroleum contaminated soil must qualify as a nonhazardous waste under 40 CFR part 261.4(b)(10).

   B.   The solid waste management division will individually review all requests for disposal of petroleum contaminated soil at county operated disposal sites. The person requesting disposal must demonstrate that the petroleum contaminated soil is acceptable for final disposal.

   C.   Any person who desires to dispose of petroleum contaminated soil at a county operated disposal site must submit a written request to the solid waste management division. When the request is received, the solid waste management division will review the material. If any of the following conditions exist, pursuant to federal law the solid waste management division shall refuse to accept the petroleum contaminated soil:

      1.   The petroleum contaminated soil contains a resource conservation and recovery act (RCRA) listed hazardous material that is not exempted by 40 CFR part 261.4; or

      2.   The petroleum contaminated soil poses a health and/or safety risk to solid waste management division personnel; or

      3.   The petroleum contaminated soil contains free product or is in a slurry form.

   D.   The solid waste management division will accept, for disposal at a county operated disposal site on a case by case basis, petroleum contaminated waste under the exemptions provided in 40 CFR 261.4(b)(10).

   E.   Any person who requests disposal of petroleum contaminated soil at a county operated disposal site shall provide representative samples to a laboratory approved by the Idaho department of environmental quality (DEQ). The solid waste management division will determine the amount of sampling required.

      1.   Field samples taken with hydrocarbon vapor measuring equipment (HNU, OVA, etc.) are not acceptable.

      2.   Approved EPA or state analytical laboratory methods must be used.

   F.   Any person who requests disposal of petroleum contaminated soil at a county operated disposal site must provide documentation from a recognized professional in the field of treating petroleum contaminated soil that the soil meets the solid waste management division requirements for final disposal.

   G.   Petroleum contaminated soil not containing other hazardous constituents with TC levels and TPH levels below the concentration levels listed in the following table may be accepted for direct disposal at a county operated disposal site:

 

 

   H.   Petroleum contaminated soil with contaminant concentrations greater than the amounts in the above table may be accepted for treatment at a county operated disposal site on a case by case basis. Any person who requests disposal is responsible for all expenses associated with treatment, testing, and storage, and such charges shall be determined on a case by case basis.

   I.   The solid waste management division reserves the right to require additional testing prior to disposal of petroleum contaminated soil at a county operated disposal site. The solid waste management division also reserves the right to reject any petroleum contaminated soil that may potentially pose an unreasonable risk or environmental concern. (Ord. 577, 3-22-2005; amd. Ord. 744, 2-23-2010)

The board shall approve all disposal sites. The board shall also establish all necessary rules and regulations as to the manner of time and limits of collecting, disposing, reducing, and/or recovering waste at the county operated disposal sites. Such rules and regulations shall be appropriately posted on signs designating the disposal site and its uses. The board or its designee shall oversee the contractor's performance of duties under a collection services contract. (Ord. 577, 3-22-2005; amd. Ord. 744, 2-23-2010; amd. Ord. 831, 10-28-2014)

   A.   Freestanding noncommercial incinerators not connected to buildings shall be maintained in good condition at all times and operated in accordance with this chapter, title 7 of this code, and other governing agencies regulating emissions. Incineration shall only be performed in accordance with the limits set forth in this chapter and this title.

      1.   Freestanding noncommercial incinerators shall be constructed of concrete or masonry and shall have a completely enclosed combustion chamber. Freestanding noncommercial incinerators shall be equipped with a permanently attached spark arrester. The spark arrester shall be constructed of iron, wire mesh or other noncombustible material with openings not larger than one-half inch (1/2").

      2.   Freestanding incinerators shall not be located within ten feet (10') of combustible building material or openings, or property lines. Incinerators shall not be located within five feet (5') of noncombustible building materials. Chimney stacks shall be constructed in accordance with Ada County building code.

      3.   Incineration shall be immediately discontinued if smoke or particulate emissions constitute a public nuisance or hazardous condition. (Ord. 577, 3-22-2005; amd. Ord. 744, 2-23-2010)

No person shall build, ignite, or maintain any outdoor fire of any kind or character, or for any purposes whatsoever, unless weather conditions do not constitute a safety hazard and the air quality index (AQI) as determined by the department of environmental quality (DEQ) is sixty (60) or below for any pollutant. The AQI may be found by calling the DEQ at (208) 373-0313, and as that number may change from time to time, the AQI may also be obtained through the DEQ website at www.deq.idaho.gov. It is the responsibility of any person who shall ignite any outdoor fire to determine the AQI prior to ignition.

   A.   Allowed Burning: Open burning shall be allowed under the regulations set forth above in the following cases:

      1.   Fires used to keep irrigation ditches and fencerows clear of plant and weed growth; and/or

      2.   Fires used for control or alleviation of fire hazard or for weed control when no alternative control method exists; and/or

      3.   Fires used in the training of organized firefighting personnel; and/or

      4.   Fires used to dispose of tree remnants and dry vegetation where no other practical or alternative method of disposal is available.

   B.   Prohibited Burning:

      1.   Notwithstanding the provisions of any section of this chapter, no person shall allow, suffer, cause or permit the burning of materials that emit toxic contaminants or large volumes of smoke, particulates or odors, such as, including, but not limited to, the following: wet or green vegetation, commercial waste, drywall, sheetrock, floor underlayment, insulation, chemicals, motor vehicles and parts thereof, dead animals or parts thereof, junked motor vehicles or any materials resulting from a salvage operation, tires or other rubber materials or products, plastics, asphalt or composition roofing or any other asphaltic material or product, tar, tarpaper, waste or heavy petroleum products, paints, lumber, or timbers treated with preservatives, insulated wire, and pathogenic wastes or hazardous wastes.

      2.   Any burning that would otherwise be allowed under this chapter, but is determined to be a public nuisance, hazard or source of air pollution, shall be prohibited.

      3.   No person shall allow, suffer, cause or permit the open burning of any material that violates an air pollution alert as specified in chapter 10 of this title, known as the Ada County clean air ordinance.

   C.   Restrictions On Open Burning:

      1.   Open burning shall not be conducted within fifty feet (50') of any structure or combustible material. Conditions which could cause the fire to spread to within fifty feet (50') of a structure shall be eliminated prior to ignition. This fire distance restriction from structures is not applicable to authorized burning of irrigation ditches for the purpose of maintaining adequate irrigation.

      2.   Any open burning shall be constantly attended by a competent person until the fire is completely extinguished. This person must have a garden hose connected to a water supply or other approved fire extinguishing equipment readily available.

      3.   No person shall kindle a fire upon the premises of another without the permission of the owner or his agent.

      4.   Open burning hours are from dawn until dusk; no person may conduct open burning at night or allow a fire to smolder overnight.

      5.   Open burning shall be immediately discontinued if the smoke emissions constitute a public nuisance or hazardous condition.

   D.   Recreational Or Warming Fires: Recreational or warming fires, when conducted under the provisions of this section, do not constitute open burning.

      1.   Recreational and warming fires shall not be conducted within twenty five feet (25') of a structure or combustible material unless contained in a barbecue pit. Conditions which could cause a fire to spread to within twenty five feet (25') of a structure shall be eliminated prior to ignition.

      2.   A hose connected to a water supply or other approved fire extinguishing equipment must be readily available.

      3.   Recreational and warming fires must be constantly attended to by a responsible and knowledgeable person until extinguished.

      4.   No person shall allow, suffer or cause or permit a recreational or warming fire that violates air pollution alerts as specified in chapter 10 of this title known as the Ada County clean air ordinance.

      5.   Recreational or warming fires must be extinguished if the smoke emissions constitute a public nuisance or hazardous condition. (Ord. 577, 3-22-2005; amd. Ord. 636, 9-26-2006; amd. Ord. 744, 2-23-2010)

   A.   Commercial barbecue pits shall only be operated in accordance with the limits set forth in the permits issued by the appropriate authority.

      1.   Commercial barbecue pits used for commercial cooking operations in buildings shall be constructed as commercial food heat processing equipment in accordance with the Ada County building code. Barbecue pits in outdoor locations shall be constructed of concrete or approved noncombustible materials.

      2.   Barbecue pits in outdoor locations shall be located ten feet (10') from combustible materials, walls and roofs.

      3.   Portable fire extinguishers shall be located at the site of a commercial barbecue pit in accordance with the uniform fire code. (Ord. 577, 3-22-2005; amd. Ord. 744, 2-23-2010)

It shall be unlawful for any person to collect and to dispose of solid waste within the unincorporated areas of Ada County without first having entered into a contract with Ada County, or falling under an exception specified in section 5-2-8-3 of this chapter. (Ord. 577, 3-22-2005)

Within the unincorporated area of Ada County the board may, by exclusive contract, provide for the collection, hauling and disposal of solid waste. The issuance of a contract or contracts is hereby deemed to be in the public interest for adequate and uniform collection and disposal of solid waste. Exclusive contract or contracts for the collection, hauling and disposal of solid waste may be granted by the board to one or more contractors and may be granted for a period of years determined by the parties, but for no more than twenty five (25) years, for the construction, establishment, acquisition, maintenance and/or operation of a solid waste collection system and sanitary disposal system for both public and private purposes, using the streets and rights of way in Ada County. In accordance with Idaho Code section 31-4403(6), such contract may be negotiated or advertised for bids, as the board deems desirable. No other person other than the board is authorized or allowed to contract on the behalf of Ada County regarding the collection or disposal of waste within the unincorporated area of Ada County. Notwithstanding the provisions of this section, the county by franchise or contract may authorize the establishment and operation of disposal sites within the county to enable the county to satisfy its obligations to provide landfill capacity and to manage and control the ownership, disposition and ultimate disposal of solid waste within the county. Terms and conditions of such franchises or contracts shall comply with this chapter and applicable law. (Ord. 577, 3-22-2005)

The following specifications, among others that may be necessary, shall be contained in any contract issued for the collection, hauling and disposal of solid waste:

   A.   No contract issued shall be assigned or transferred without the written consent of the board, and no approval shall be given to a transfer to any person unless it shall be shown to be qualified to carry out the contract.

   B.   The contractor shall carry such public liability and property damage insurance as is required by the board.

   C.   The contractor shall not charge rates other than those specifically approved by the board, and he shall have the right to request, as may be reasonable from time to time, modification in such terms as may be provided in the contract.

   D.   The contractor shall collect solid waste from each residential customer at least once each week. The contractor shall follow the traveled portion of the streets, alleys and roadways, or sidewalks or walkways while on private property, and shall take care in loading solid waste so that none of the material to be collected is left upon private property or the streets, alleys or roadways. The contractor shall return the containers with all properly prepared and legal contents removed and replace the lid thereon.

   E.   The contractor shall furnish vehicles designed for the collection and hauling of waste. The contractor shall keep such vehicles designed for the collection and hauling of waste. The contractor shall keep such vehicles painted and in good running order, and shall clean and disinfect such vehicles frequently and as necessary. Each vehicle shall be equipped with a watertight metal body, or if a wood body, shall be metal lined so as to be watertight and each vehicle, shall at all times be provided with a suitable cover of an approved type that may be securely fastened on all sides when required to retain dust and prevent scattering waste.

   F.   The contract shall grant the right of ingress and egress, to cross all public streets and alleys and rights of way in the county. It shall be unlawful for any person to deny reasonable access to the contractor to collect waste from a premises.

   G.   The contractor shall not place in any street, in carrying out this contract, any obstructions to traffic. Collections shall be made on the streets and rights of way of the county in a manner of least delay and inconvenience to the public. The contractor will use backways and alleys wherever possible.

   H.   A performance bond running to the county, in an amount determined by the board shall be deposited to guarantee the faithful performance of the contract. An annual renewable bond may be used, provided that a sixty (60) day renewal commitment shall be submitted annually prior to the expiration date.

   I.   The contractor shall not be required to collect, transport, or dispose of hazardous material, radioactive materials, dangerous drugs, or items not allowed in disposal sites.

   J.   The contractor shall only dispose of solid waste in the disposal sites as set forth in section 5-2-5 of this chapter.

   K.   The contractor shall work with, and be paid for services, by billing services. (Ord. 577, 3-22-2005)

The following activities are exceptions to the requirement for an exclusive contract:

   A.   Persons who self-haul their own waste pursuant to section 5-2-4-4 of this chapter.

   B.   Owners and occupants of commercial premises who self-haul their own waste pursuant to subsection 5-2-4-4C of this chapter.

   C.   A contractor employed to demolish, construct or remodel a building or structure, including, but not limited to, land clearing operations and construction wastes, when collecting or transporting wastes is created in connection with such employment.

   D.   Landscapers, gardeners, tree service contractors, janitors or renderers when collecting or transporting wastes created in connection with such employment.

   E.   A contractor employed to clean up construction or demolition sites when collecting and transporting wastes which are created in connection with such employment. Contractors employed to clean up construction or demolition sites are prohibited from dropping and leaving waste collection containers on site.

   F.   Federal or state agencies that collect, store, transport and dispose of solid waste or those who contract with such agencies to perform the service, but only insofar as the service is performed by or for such agencies. (Ord. 577, 3-22-2005)

It shall be the duty of any contractor granted a contract to collect and haul solid waste hereunder to submit to the board audited and certified reports and statements as a condition of the contract granted, for the purpose of enabling the board to determine whether the public welfare and interest of the county are being adequately served under said contract. Such report shall include a profit and loss statement and certification that the report is audited and that the accounting procedures used were the usual procedures for the type of business involved. (Ord. 577, 3-22-2005)

   A.   The division of solid waste management may allow establishment of open accounts for the benefit of persons who regularly self- haul waste to a county operated disposal site. Eligibility for establishing open accounts will be determined on frequency of use, amount of material requiring disposal, and evidence of a satisfactory credit history. The division of solid waste management reserves the right to approve or disapprove establishment and maintenance of open accounts. Customers with delinquent accounts may be restricted in use of their accounts.

   B.   Violation of subsection 5-2-10C6 of this chapter is cause for immediate revocation of open account privileges. Upon revocation of open account privileges, all charges are due immediately, the account is suspended and services must be paid for in cash.

   C.   Qualifying nonprofit organizations, upon application and approval, may be granted reduced disposal fees for material self-hauled to a county operated disposal site, under the following conditions:

      1.   All waste must be generated from within Ada County;

      2.   Only those wastes generated from the operation of the organization within Ada County will be eligible for reduced disposal fees. All other wastes shall be subject to the applicable rates;

      3.   The waste cannot contain any putrescible materials; and

      4.   The waste must not contain any hazardous material and must be in accordance with guidelines governing waste acceptance at disposal sites.

   D.   All billing for open accounts, as set forth herein, shall be rendered monthly and due on the twentieth day of the month in which the bill is received.

   E.   Open account bills for which payment is not received by the twentieth are delinquent and subject to late fees. Upon delinquency, all charges and penalties are due immediately and the account is suspended, and services must be paid for in cash. (Ord. 577, 3-22-2005; amd. Ord. 744, 2-23-2010)

   A.   The commercial collection, transportation or disposal of waste for profit or gain by any person without a contract, franchise agreement, license or permit issued by the board is prohibited.

   B.   No contractor, person, or government entity shall haul, hold for transfer, transport or dispose of or allow accumulation of any waste within the areas covered by this chapter except to or in a disposal site and in a manner and under conditions established for operation of a disposal site.

   C.   Set forth below are the primary conditions concerning the types and amounts of waste material allowed for deposit at county operated disposal sites:

      1.   No hazardous wastes are allowed.

      2.   No sewage or human fecal matter is allowed.

      3.   No "liquid waste", as defined in this chapter.

      4.   Unless otherwise permitted by the division of solid waste management, all metal containers or drums larger than five (5) gallons in capacity shall have both ends removed and all plastic containers of like size, excluding sacks, shall have at least a twenty five (25) square inch opening cut in both ends.

      5.   All medical waste that consists of or includes sharpened or pointed items shall be packaged in one gallon or smaller rigid plastic containers and said container shall be completely sealed on both ends and identified.

      6.   No waste of any type shall be accepted or deposited that: a) became waste when located outside the boundaries of Ada County and b) was then brought into Ada County. This prohibition does not apply to waste generated as a result of recreation activities at the Bogus Basin Recreation Area.

   D.   No toxic, hazardous, or liquid waste shall be deposited in any refuse container intended for transportation to a disposal site.

   E.   No household hazardous waste shall be deposited in any refuse container intended for transport to a disposal site.

   F.   Commercially or industrially generated hazardous waste shall not be deposited in any refuse container intended for transport to a disposal site.

   G.   No container used to store a liquid, hazardous waste, or toxic material will be accepted for disposal at a county operated disposal site unless emptied and prepared in accordance with solid waste management division guidelines. Fuel tanks must be cleaned and perforated before they will be accepted for disposal. No compressed gas or air tanks will be accepted, except for propane tanks which are five (5) gallons or less in capacity, provided that solid waste management personnel or hazardous waste screeners at the public disposal area are first notified.

   H.   No biomedical waste shall be placed in any container or any public disposal area unless handled and treated in accordance with solid waste management division requirements.

   I.   No hot ashes and/or material capable of causing ignition or spontaneous combustion shall be placed in any refuse container, vehicle, or public disposal area.

   J.   No used motor oil or other automotive fluids shall be permitted in any refuse container. Used motor oil will be accepted at Ada County's household hazardous materials collection facility. Only household quantities of these materials are acceptable at the collection facility.

   K.   The solid waste management division reserves the right to prohibit, or to place disposal restrictions upon, any waste that may adversely affect a county operated disposal site. This shall also extend to any item that may pose a risk to the health or safety of employees at a county operated disposal site.

Disposal restrictions that may be implemented shall include, but are not limited to, item size restrictions, quantity restrictions, ability to recycle, special preparation requirements, and refuse source documentation requirements.

   L.   No person may divert to personal use any recyclable material placed in a container as part of the residential recycling program without the consent of the generator of such recyclable material, the contractor, or the solid waste management division, and no person may divert to commercial use any recyclable material placed in a sanitary container as part of a recycling program without the consent of the person owning or operating such sanitary container.

   M.   An exemption to subsections A and B of this section shall exist for persons to fill, grade or deposit inorganic solid waste in or upon property other than a disposal site, on the conditions that only inorganic solid waste be used and that the activity shall be subject to and done in accordance with the Ada County building code. In the event it is established that the filling, grading, or depositing of inorganic solid waste does not require a permit as set forth in the building code, and the amount of inorganic solid waste necessary to complete the filling, grading or depositing project exceeds a total of ten (10) cubic yards, then the landowner(s) on whose property such activity is to be conducted shall, before such activity is begun, obtain a permit issued by the solid waste management division and development services. No such activity may be lawfully undertaken without such a permit. The decision to grant or deny such a permit shall be dependent on compliance with conditions and standards designed to foster and protect the safety, health and welfare of the public.

   N.   Unless otherwise provided in this chapter, violation of any regulation, requirement, prohibition or condition of this chapter or the provisions of any permit issued pursuant thereto shall be a misdemeanor. If the violation is not remedied within three (3) days after citation or arrest is made by the proper enforcing officer, said violation shall constitute a new and separate offense. All such violations shall be punishable as provided in section 18-113, Idaho Code as it may from time to time be amended and/or retitled. Civil suits in addition to criminal prosecution may also be filed by Ada County to enforce the regulations and requirements of this chapter. (Ord. 577, 3-22-2005; amd. Ord. 603, 1-30-2006; amd. Ord. 744, 2-23-2010)

   A.   Definition: The terms "drive-in establishment" or "drive- in" are defined as a place of business wherein beverages, foods or refreshments are served to patrons for consumption on the premises at tables or stands in open or enclosed areas, or in any vehicle stopped, standing or parked in or upon the premises of said drive-in, or in or upon any street, alley, land, parking area or grounds immediately adjacent to said premises, or adjacent to or adjoining any street or public right of way abutting said premises.

   B.   Notices Posted: Persons owning, operating, managing or conducting a drive-in shall place in conspicuous places at said drive-in, signs on which are written in legible English, in letters at least two inches (2") in height on contrasting background, words or phrases requesting patrons to refrain from throwing any waste material upon parking areas, sidewalks, streets, roadways, or gutters, or adjoining property.

   C.   Prohibitions: No person shall place, throw or deposit any waste material upon the outside premises or parking area of a drive-in restaurant or on any street, alley or adjoining property or in the vicinity of a drive-in restaurant, except in adequate receptacles provided for that purpose, nor shall the owner of a drive-in or his agent permit such conduct.

   D.   Property Owner Responsible: Said owner or his agent or operator shall keep the premises whereon the drive-in restaurant is located, together with the parking area and that portion of any street or alley adjoining the drive-in restaurant free from waste material. The owner or his agent or operator shall provide the drive-in restaurant with a sufficient number of adequate refuse containers.

   E.   Penalty: Any person violating the provisions of this section shall be guilty of a misdemeanor and, upon conviction thereof, shall be punished by a fine as provided by Idaho Code, section 18-113 as it may from time to time be amended and/or retitled or by imprisonment in the county jail for a period not exceeding thirty (30) days or by both such fine and imprisonment. (Ord. 26, 6-23-1965; amd. Ord. 603, 1-30-2006)

   A.   Rides: It shall be unlawful for any person to solicit a ride for himself or another from within the right-of-way of any street or highway of this County or from any sidewalk located therein. The provisions of this section shall not be construed to prevent a person upon a public highway from soliciting or a driver of a vehicle from giving a ride where an emergency actually exists, nor to prevent a person from signaling or requesting transportation from a commercial passenger carrier for the purpose of becoming a passenger thereon for hire. Any person claiming that an emergency does exist under the provisions of this section shall bear the burden of proving same.

   B.   Employment Or Business: No person shall stand in a roadway or on a sidewalk and solicit employment or business from the occupant of any vehicle.

   C.   Penalty: Violation of this section shall be punishable by imprisonment in the Ada County Jail for a period not to exceed thirty (30) days, a fine not to exceed one hundred dollars ($100.00), or both such imprisonment and fine. (Ord. 55, 8-22-1974)

(Ord. 96, 9-17-1980; amd. Ord. 603, 1-30-2006; rep. by Ord. 775, 4-11-2011)

   A.   Any person who shall discharge any firearm, while in a public building owned or leased by Ada County, while not pointed or aimed at or toward any person, and without injury to any person, shall be guilty of a misdemeanor. Violation of this section shall be punishable by a fine of not more than one thousand dollars ($1,000.00) nor less than two hundred fifty dollars ($250.00), or by imprisonment in the County Jail for not more than one month, or by both such fine and imprisonment.

   B.   Any person who shall discharge any firearm, while in a public building owned or leased by Ada County, while intentionally, without malice, aimed at or toward any person, and without injury to any person, shall be guilty of misdemeanor. Violation of this section shall be punishable by a fine of not more than one thousand dollars ($1,000.00) nor less than two hundred fifty dollars ($250.00), or by imprisonment in the County Jail for not more than six (6) months, or by both such fine and imprisonment.

   C.   Any person who shall discharge any firearm, while in a public building owned or leased by Ada County, while carelessly, recklessly or negligently handling, using, or operating the firearm and injures another person, shall be guilty of a misdemeanor. Violation of this section shall be punishable by a fine of not more than one thousand dollars ($1,000.00) nor less than three hundred dollars ($300.00), or by imprisonment in the County Jail for not more than six (6) months, or by both such fine and imprisonment.

   D.   Any person who, while in a public building owned or leased by Ada County, shall injure any other person by the discharge of any firearm pointed or aimed, intentionally, but without malice, at any such person, shall be guilty of a misdemeanor. Violation of this section shall be punishable by a fine of not more than one thousand dollars ($1,000.00) nor less than five hundred dollars ($500.00), or by imprisonment in the County Jail for not more than six (6) months nor less than one month, or by both such fine and imprisonment.

   E.   It shall not be a crime under this section to point a firearm at a person or discharge a firearm in the lawful defense of person or persons or property or for a law enforcement officer to point a firearm at a person or to discharge a firearm in the conduct of his or her duties.

   F.   Any person who shall discharge a firearm as defined in subsection A, B, C, or D of this section, if said discharge occurs at a gun show event held at Expo Idaho, shall be banned from future gun show events at Expo Idaho. (Ord. 184, 11-9-1987; amd. Ord. 305, 9-25-1996; amd. Ord. 363, 8-31-1998; amd. Ord. 603, 1-30-2006; amd. Ord. 736, 12-22-2009; amd. Ord. 865, 3-21-2017)

Any person who shall conduct himself/herself in a violent, noisy, or riotous manner, or in any way commit a breach of the peace of another person(s), and/or who shall conduct himself/herself in a manner that endangers the health and safety of another person(s), and/or who conducts himself/herself in any other manner as specified in this section, is guilty of a misdemeanor; and a violation of this section shall also include, but not be limited to, the following:

   A.   Accosting other persons in any public place, or in any place open to the public, for the purpose of begging or soliciting.

   B.   Engaging in or soliciting anyone to engage in lewd, lascivious, or dissolute behavior in a public place, or in a place open to the public, or in view from a public place.

   C.   Occupying, lodging or sleeping in any building, structure or place, whether public or private, or any automobile, truck, railroad car or other similar vehicles or equipment without the permission of the owner or the person entitled to the possession or in control thereof.

   D.   Failing or refusing to disperse immediately upon an order to do so by a police officer, when two (2) or more persons are assembled for the purpose of committing an unlawful act.

   E.   Interfering with any police officer or authorized official of the County, in the performance of duties connected with enforcement of this section.

Any peace officer empowered to enforce this provision of this Code is authorized to issue a uniform citation upon his/her own observation of a violation without the necessity of a citizen complainant's signature on the citation. By signing the citation, the peace officer empowered to enforce this provision certifies that he/she has reasonable grounds to believe that the person cited committed the offense contrary to law. Any citizen or person in whose presence an alleged violation of this provision occurred may also sign a uniform citation, which is to be witnessed by a peace officer. (Ord. 736, 12-22-2009)

It shall be unlawful for any person to intentionally, knowingly, or recklessly fight with another person in a public place. "Fighting" means any use of physical force on the person of another in an angry, rude, or threatening manner, or in a manner, which may endanger or disturb the peace of others. A violation of this section will be punishable as a misdemeanor.

Any peace officer empowered to enforce this provision of this Code is authorized to issue a uniform citation upon his/her own observation of a violation without the necessity of a citizen complainant's signature on the citation. By signing the citation, the peace officer empowered to enforce this provision certifies that he/she has reasonable grounds to believe that the person cited committed the offense contrary to law. Any citizen or person in whose presence an alleged violation of this provision occurred may also sign a uniform citation, which is to be witnessed by a peace officer. (Ord. 736, 12-22-2009)

   A.   Short Title: This section shall be known and cited as the ADA COUNTY BOISE RIVER CAMPING ORDINANCE.

   B.   Authority And Purpose: This section is enacted pursuant to authority conferred by article 12, section 2 of the Idaho Constitution, and sections 31-714 and 31-801 of the Idaho Code. The Board of Ada County Commissioners finds that persons who establish campsites in the Boise River area often inappropriately discard sewage and debris; that such improper disposal of wastes creates a potential for the spread of disease; that persons who establish campsites in the Boise River area also interfere with the public's comfortable enjoyment of life and property by obstructing the free passage or use, in the customary manner, of the Boise River and its pathways. This section, therefore, in furtherance of protecting the public health, safety and welfare, provides a procedure for abating camping in the Boise River area.

   C.   Definitions: For the purposes of this section, the following definitions shall apply. Any words or phrases not defined in this section should be given their ordinary, commonly understood and accepted meanings.

    BOISE RIVER AREA: The land adjacent to the Boise River in unincorporated Ada County for a distance of two hundred feet (200') horizontally landward from the ordinary high water mark.

   CAMPING: The use of land for living accommodation purposes such as sleeping activities, or making preparations to sleep (including the laying down of bedding for the purpose of sleeping), or storing personal belongings, or making any fire, or using any tents or shelter or other structure or vehicle for sleeping or doing any digging or earth breaking, or carrying on cooking activities. The above listed activities constitute camping when it reasonably appears, in light of all the circumstances, that the participants, in conducting these activities, are in fact using the area as a living accommodation regardless of the intent of the participants or the nature of any other activities in which they may also be engaging.

   D.   Camping In Boise River Area Prohibited: Camping in or upon any sidewalk, side alley, lane, public right of way or other place to which the general public has access in the Boise River area, or under any bridgeway or viaduct in the Boise River area is unlawful. It shall be a separate offense for each day that the public nuisance is maintained, kept or allowed to exist.

   E.   Enforcement Procedure:

      1.   When a violation of this section is suspected within Ada County, the Ada County Sheriff shall serve a written notice that a public nuisance exists on the person or persons in violation of this section. Such service shall be by personal service. If written notice cannot be served personally, the notice shall be posted by being affixed to a building or other place on the premises or property so conspicuous that any person occupying, possessing or using the premises or property can be reasonably expected to see it.

      2.   The written notice shall describe the nuisance, advise that the nuisance must be abated within twenty four (24) hours from the time of the notice, advise that civil proceedings and/or criminal proceedings may be initiated if the nuisance is not abated, advise that costs of court proceedings and the nuisance abatement may be assessed against the person or persons unlawfully camping in or upon the premises.

   F.   Punishment: Every person who violates this section is guilty of a misdemeanor. Violation of this section shall be punishable as provided by Idaho Code, section 18-113 as it may from time to time be amended and/or retitled. The above penalties shall in no way limit Ada County from filing a civil claim against the violator.

   G.   Severability: If any paragraph, subparagraph, or portion of this section is subsequently deemed in any way contrary to law, inapplicable, or otherwise void, that portion will be severed from this section and in no way affect the remaining portions. (Ord. 148, 3-24-1986; amd. Ord. 268, 10-14-1993; amd. Ord. 603, 1-30-2006; amd. Ord. 736, 12-22-2009)

   A.   Purpose: The purpose of this section is to promote the public health and safety by prohibiting the entry upon a military training site except in those circumstances where an individual enters the subject property with the expressed consent of the Idaho military division; in addition to prohibiting the removal of the personal property of the Idaho military division from a military firing range. This section is intended to enhance criminal prosecutions, and shall not be construed in a manner which would increase the law enforcement duties of the Sheriff of Ada County as those duties currently exist under State law.

   B.   Definitions:

    ENTERING: Going upon or over real property either in person or by causing any object, substance or force to go upon or over real property.

   MILITARY TRAINING SITE: Shall include all real property located within Ada County as is described on Exhibit A attached to the ordinance codified herein, incorporated herein by reference and available for public inspection at the office of the Ada County Clerk, 650 Main, Boise, Idaho.

   PERSONAL PROPERTY OF THE IDAHO MILITARY DIVISION: Shall include, but shall not be limited to: all exploded gun shell casings, unexploded bullets, missiles, rockets, projectiles, signs or targets or any other military property owned by the Department of the Army, the Idaho Military Division, or any National Guard unit.

   PROPERLY POSTED: The display of "No Trespassing" signs or similar notices at all roads and other reasonable points of access.

   C.   Trespassing Prohibited: Every person who commits any of the following acts is guilty of a misdemeanor:

      1.   Entering without the permission of the Idaho Military Division, upon the real property comprising the military training site, when said property is properly posted with "No Trespassing" signs or other notices of like meaning.

      2.   Taking and carrying away of any personal property of the Idaho Military Division located within the military firing range without the expressed prior permission of the Idaho Military Division.

   D.   Punishment For Misdemeanor: Violation of this section shall be punishable as provided by Idaho Code section 18-113 as it may from time to time be amended and/or retitled. (Ord. 164, 2-19-1987; amd. Ord. 603, 1-30-2006; amd. Ord. 736, 12-22-2009)

(Ord. 317, 10-1-1996; amd. Ord. 603, 1-30-2006; amd. Ord. 736, 12-22-2009; rep. per correspondence dated 8-27-2010)

   A.   Definitions: The definitions of "tobacco product" and "electronic cigarette" shall be as set forth in title 2, chapter 2 of this Code.

   B.   Violation: It shall be a violation of this section for any person to light, use, inhale, or consume any tobacco product or electronic cigarette in County buildings or County facilities, provided that this prohibition shall not apply to County owned parking lots.

   C.   Penalty: Pursuant to Idaho Code section 39-5507, a person violating this section shall be guilty of an infraction, the penalty of which shall be seventeen dollars fifty cents ($17.50). (Ord. 842, 4-21-2015; amd. Ord. 844, 7-21-2015)

   A.   Purpose: The purpose of this section is not to preempt the Federal Aviation Administration regulations (FARs), but to operate in conjunction with those rules to promote public safety and welfare of Ada County and its residents while recognizing the FAA's enforcement capabilities.

   B.   Definition: Unmanned aircraft, also known as an "unmanned aircraft system" (UAS) means an unmanned aircraft vehicle, drone, remotely piloted vehicle, remotely piloted aircraft or remotely operated aircraft that is a powered aerial vehicle that does not carry a human operator, can fly autonomously or remotely and can be expendable or recoverable 1 .

   C.   Registration And Certificate: Every individual operating a UAS must register the same, excluding model aircraft, with the FAA and must obtain a remote pilot certificate from the FAA as required by 14 CFR part 107 rule or the FAA Modernization and Reform Act of 2012 section 333 (the "section 333 rule"). The individual is required to have the pilot certificate readily available while operating the UAS.

   D.   Prohibitions: No person shall operate an unmanned aircraft:

      1.   In a manner that harasses, startles, or annoys pedestrians or vehicles, threatens their safety and welfare, or creates or causes a public nuisance, or

      2.   In a reckless or careless manner so as to endanger the life or property of another, or

      3.   For the purpose of capturing a person's visual image, audio recording or other physical impression in any place where the person would have a reasonable expectation of privacy, or

      4.   In a manner that interferes with the lawful efforts of a firefighter or other public safety officer to extinguish a fire or respond to a medical or other emergency.

   E.   Exceptions:

      1.   Notwithstanding the prohibitions set forth in this section, nothing in this section shall be construed to prohibit, limit or otherwise restrict any person who is authorized by the Federal Aviation Administration (FAA) to operate a UAS in County airspace, pursuant to section 333 of the FAA Modernization and Reform Act of 2012, the part 107 rule, or a certificate of waiver, certificate of authorization (COA) or other Federal Aviation Administration grant of authority to specific flight operation(s), from conducting such operation(s) in accordance with the authority granted by the FAA.

      2.   Notwithstanding the prohibitions set forth in this section, nothing in this section shall be construed to prohibit the use of a UAS by a law enforcement agency with a warrant or for emergency response for safety search and rescue or controlled substance investigations, as set forth in Idaho Code section 21-213(2)(a).

   F.   Violation - Penalty: It shall be unlawful for any person to violate or fail to comply with this section. Any person violating the provisions of this section shall be guilty of an infraction and shall be subject to a one hundred dollar ($100.00) fine.

   G.   Severability: If any provision of this section is held to be invalid by a court of competent jurisdiction, then such provision shall be considered severable from the remaining provisions, which shall remain in full force and effect. (Ord. 883, 5-15-2018)

   A.   Runaways: It shall be unlawful for any person under the age of eighteen (18) years, living or found in Ada County to attempt to run away or to run away from his parents, guardian or other legal custodian, or to be or remain a person who has run away from his parents, guardian or legal custodian.

   B.   Uncontrollable Children: Any person under the age of eighteen (18) may be declared beyond control of his parents, guardians or legal custodian who persistently or habitually refuses to obey reasonable and proper orders or directions of his parents, guardians or legal custodians, where that specific conduct may place him in danger to himself or others or becomes so unreasonably disruptive that it jeopardizes the family unit. A person under the age of eighteen (18) may be taken into custody by a peace officer if the peace officer has reason to believe that the child's continued liberty poses an imminent danger to that child or to others, as evidenced by a threat of substantial physical harm or upon complaint by the person's parent, guardian or legal custodian that said person's specific conduct is so unreasonably disruptive that it jeopardizes the family unit. Whenever a child is taken into custody under this section without court order, the evidence supporting the claim of imminent danger must be presented to a duly authorized court on the next judicial day.

   C.   Curfew:

      1.   It shall be unlawful for any person under the age of eighteen (18) years to be or to remain, and it shall be unlawful for any parent, guardian or other person having the care and custody of any person under the age of eighteen (18) years to permit such person to be or to remain, in or upon any street, alley, public ground, public place or any place open to the public or exposed to public use within Ada County between the hours of twelve o'clock (12:00) midnight and five o'clock (5:00) A.M.

      2.   The provisions of this subsection shall not apply to any person who is accompanied by his parent, guardian or other adult person having the care and custody of him, nor to any person who is in the performance of an errand or duty directed by his parent, guardian or other adult person having the care and custody of him, nor to any person who is actually at the time engaged in legitimate employment for profit, nor to any person who is attending, or participating in, any officially sanctioned school activity.

   D.   Encourage Delinquency: It shall be unlawful for any person by any act or neglect to encourage, aid or cause any person under the age of eighteen (18) years to come within the purview of this section, nor to any person who is attending, or participating in, any officially sanctioned school activity.

   E.   Penalty: Violation of this section shall be punishable by imprisonment in the Ada County jail for a period not to exceed six (6) months or by a fine not to exceed one thousand dollars ($1,000.00), or by both such imprisonment and fine. (Ord. 46-1-80, 2-13-1980; amd. 1984 Code; amd. Ord. 629, 7-31-2006)

   A.   Short Title And Purpose: This section shall be known and cited as the ADA COUNTY TOBACCO ORDINANCE, enacted to prohibit the possession of cigarettes and other tobacco products by minors, and to prohibit the sale of cigarettes and other tobacco products to minors.

   B.   Definitions: All words and phrases used in this section, the definitions of which are not herein given, shall be given their ordinary, commonly understood and accepted meaning.

The term "tobacco products" shall mean cigarettes, cigars, chewing tobacco, pipe tobacco, snuff and any and all other forms of tobacco, as well as any paper or wrapper intended for the wrapping of tobacco in the form of a cigarette.

   C.   Prohibited Acts:

      1.   It shall be unlawful for any person under the age of eighteen (18) years to buy, accept or have in his possession any cigarette or other tobacco product in any form, or to buy, accept or have in his possession any cigarette paper or other paper or wrapper intended for the wrapping of tobacco into the form of a cigarette. Any person found guilty of violating this subsection C1 shall be punished in accordance with section 18-1502, Idaho Code 1 .

      2.   It shall be unlawful for any person to sell or give away, directly or indirectly, to any person under the age of eighteen (18) years any cigarette or other tobacco product in any form; or to sell or give away, directly or indirectly, to any person under the age of eighteen (18) years any cigarette paper or other paper or wrapper for the wrapping of tobacco into the form of a cigarette. Any person found guilty of violating this subsection C2 shall be punished in accordance with section 18-1502A, Idaho Code 2 . (Ord. 121, 11-18-1981)

This chapter shall be known as the ADA COUNTY FIREWORKS ORDINANCE, and is enacted to promote the public health and safety; and to control and regulate the use of fireworks within the jurisdiction of Ada County. (Ord. 428, 6-26-2001)

This chapter shall adopt the definitions stated in section 39-2602, Idaho Code. The following definitions shall apply to this chapter:

AUTHORITY HAVING JURISDICTION: A city fire department if the area is within a city, or a fire protection district formed pursuant to provisions of the Idaho Code if the area is within a fire protection district, or the county commission if the area is not within a city or fire protection district.

BOARD: The board of Ada County commissioners.

FIREWORKS: Any combustible or explosive composition, or any substance or combination of substances, or article prepared for the purpose of producing a visible or audible effect by combustion, explosion, deflagration or detonation. Fireworks include items classified as common or special fireworks by the United States bureau of explosives or contained in the regulations of the United States department of transportation and designated as UN 0335 1.3G or UN 0336 1.4G. The term "fireworks" shall not include any automotive safety flares, toy guns, toy cannons, caps or other items designed for use with toy guns or toy cannons, party poppers, pop-its or other devices which contain twenty five hundredths (0.25) of a grain or less of explosive substance.

NONAERIAL COMMON FIREWORKS: Any fireworks such as ground spinners, fountains, sparklers, smoke devices or snakes designed to remain on or near the ground and to travel outside a fifteen foot (15') diameter circle or emit sparks or other burning material which land outside a twenty foot (20') diameter circle or above a height of twenty feet (20'). Nonaerial common fireworks do not include firecrackers, jumping jacks, or similar products.

PERMIT: An authorization given by the authority having jurisdiction pursuant to section 39-2604 or 39-2605, Idaho Code.

PERSON: Any individual, corporation, partnership, organization, association, entity, estate, joint venture, firm, government entity, trust, receiver, syndicate, or any other group or combination acting as a unit.

PUBLIC DISPLAY OR OTHER EVENT USING FIREWORKS: Any use of fireworks except the use of nonaerial common fireworks during the normal sales and use period provided in section 39-2606, Idaho Code.

SPECIAL FIREWORKS: Any fireworks designed primarily for display and classified as special fireworks by the United States bureau of explosives or designated as UN 0335 1.3G. (Ord. 428, 6-26-2001)

   A.   This chapter shall adopt the exceptions stated in section 39-2610, Idaho Code; and

   B.   The provisions of this chapter shall only apply to the unincorporated areas within Ada County which are also outside any fire protection districts formed pursuant to provisions of the Idaho Code. (Ord. 428, 6-26-2001)

It shall be unlawful for any person to hold a public display of fireworks or other event using fireworks without first obtaining a permit for that purpose issued pursuant to the terms and conditions of this chapter. (Ord. 428, 6-26-2001)

   A.   A written application for a permit is required to hold a public display or other event using fireworks. Such application shall be on a form provided by Ada County and shall be presented to the recorder with:

      1.   For a public display of special fireworks, a bond or valid certificate of public liability and property-casualty insurance providing coverage of at least one million dollars ($1,000,000.00) for personal injury and property damage; and

      2.   For a public display event, a permit fee of twenty five dollars ($25.00).

   B.   In order for the permit to be issued, the applicant must ensure that the public display or other event using fireworks will be supervised by a qualified person and will not constitute an unreasonable hazard to persons or property.

   C.   A permit for use of fireworks outside the normal sales period set forth in Idaho Code section 39-2606 and/or for use of special fireworks will be issued if the board finds: 1) the applicant has provided all information required by Ada County and 2) the proposed use will not constitute an unreasonable hazard to persons or property.

   D.   A permit issued under this chapter shall be nontransferable, and shall list the specific date or dates upon which the display or event shall be permitted and the types of fireworks and uses that will be allowed. (Ord. 428, 6-26-2001; amd. Ord. 664, 5-1-2007)

It shall be the duty of every person issued any permit pursuant to this chapter to comply with all the provisions of the fireworks act of 1997 1 and this chapter. A violation of the aforesaid fireworks act or any of the provisions of this chapter by the permittee, or by any of its agents, employees, or officers shall constitute a misdemeanor punishable according to section 18-113, Idaho Code as it may from time to time be amended and/or retitled and/or the person committing the violation may be criminally or civilly enjoined from continuing the violation. (Ord. 428, 6-26-2001; amd. Ord. 603, 1-30-2006)

   A.   Short Title And Purpose: This section shall be known and cited as the BAN ON FIREWORKS IN UNINCORPORATED ADA COUNTY. The purpose of this section is to ban the use of fireworks in all unincorporated areas of Ada County outside fire protection districts to lessen the danger of fires in those areas, where vegetative conditions during any fire season constitutes a severe fire threat.

   B.   Definitions: For purposes of this section, the following definitions shall apply. Any other words and phrases not defined in this section shall be given their ordinary, commonly understood and accepted meanings.

   FIRE SEASON: The period of time between June 1 and October 31 of any given year.

   FIREWORKS 1 : Any combustible or explosive composition, or any substance or combination of substances, or article prepared for the purpose of producing a visible effect by combustion, explosion, deflagration or detonation. Fireworks include items classified as common or special fireworks by the United States bureau of explosives or contained in the regulations of the United States department of transportation and designated as UN 0335 1.3 or UN 0336 1.4G. The term "fireworks" shall not include any automotive safety flares, toy guns, toy cannons, party poppers, or pop-its or other devices which contain twenty five hundredths (0.25) of a grain or less of explosive substance.

   SEVERE FIRE THREAT: A determination of the county board of commissioners authorized under Idaho Code section 39-2609(4), which is made as needed by yearly resolution duly passed by the board of county commissioners before or during the fire season.

   UNINCORPORATED AREAS OF ADA COUNTY OUTSIDE FIRE PROTECTION DISTRICTS: Any area located in Ada County which is outside the city limits of any city within Ada County and outside the boundaries of any fire protection district formed pursuant to title 31, chapter 14, Idaho Code. The area, which will be subject to county enforcement pursuant to Idaho Code section 39-2612, will be depicted on a map to be attached to the yearly resolution, if any, and shown as a white area with crosshatching.

   C.   Prohibition And Penalty: It shall be unlawful and a misdemeanor for any person to use fireworks in unincorporated areas of Ada County outside fire protection districts during the fire season. Violation of this section shall be punishable as a misdemeanor as set forth in Idaho Code section 18-113, as it may be amended or recodified from time to time. (Enacted by Ord. 395, 6-30-2000, expired 10-31-2000; amd. Ord. 427, 6-19-2001, expired 10-31-2001; amd. Ord. 456, 6-28-2002, expired 10-31-2002; amd. Ord. 507, 6-24-2003, expired 10-31-2003; amd. Ord. 550, 6-23-2004, expired 10-31-2004; amd. Ord. 583, 5-24-2005, expired 10-31-2005; amd. Ord. 625, 6-27-2006, expired 10-31-2006; amd. Ord. 671, 6-26-2007, expired 10-31-2007; amd. Ord. 701, 6-24-2008, expired 10-31-2008; amd. Ord. 760, 8-23-2010)

This Chapter shall be known as the ADA COUNTY ANIMAL CONTROL ORDINANCE, and is enacted to provide for the health, safety and welfare of the people of Ada County and the humane and safe treatment of various animals, including dogs, and to establish all required procedures and regulations for the licensing and control of dogs and kennels. (Ord. 122, 12-23-1981; amd. Ord. 160, 12-10-1986; amd. Ord. 734, 1-13-2010; amd. Ord. 945, 1-24-2023)

 

   A.   Standard of Animal Care: Owners shall provide their animals the minimum standard of care set forth in this Section. Every owner shall provide the animal with sufficient food, water and shelter according to the following minimum standards:

      1.   Adequate Food: Animals shall be provided, at intervals not to exceed twenty-four (24) hours, a quantity of wholesome food specific to the age of the animal's species that provides a level of nutrition necessary to sustain the good health of the animal.

      2.   Adequate Quantities of Water: Animals shall at all times have access clean and fresh water. The owner shall replenish the water supply a minimum of every twenty-four (24) hours.

      3.   Sanitary Animal Keeping: Owners shall keep their animals in a clean, sanitary and healthy manner and not confine them in a manner where they are forced to stand, sit or lie in their own excrement.

      4.   Shelter: Every owner shall provide their Companion Animal with a shelter structure possessing walls, roof, and raised floor adequate to shield the animals from wind and rain. The structure shall be adequately ventilated and provide protection from excessive heat and cold, and shall be commensurate to the size of the inhabiting animal to permit it to move about freely.

      5.   Tethering: An owner shall not tether a dog or other Companion Animal through use of a choke collar or tether, or confine an animal in such manner that it can become entangled to the extent it cannot move freely, or reach shelter or water, or become entangled with another animal. The area where the animal is tethered or confined must be free of extraneous material that may cause it injury (materials such as glass, sharp metal and nails). No animal may be kept continuously tethered for more than twelve (12) hours during any twenty-four (24) hour period or tethered on a continuous basis.

      6.   Exercise: Every confined animal must be regularly provided with physical activity appropriate to their species, age and condition sufficient to maintain their good health.

      7.   Veterinary Care: The owner of a diseased or injured animal shall promptly provide the animal with appropriate veterinary care and shall segregate the diseased animal from other animals, as necessary to prevent the transmittal of disease.

   B.   Animal Fights Prohibited: It shall be unlawful for any person to attend or participate in any dogfight, cockfight, bullfight, or other such combat between animals.

   C.   Fighting Equipment: It shall be unlawful to possess cockspurs, slashers, gaffs, or other tools, equipment, devices or training facilities intended for purposes for training or engaging an animal in combat with another animal.

   D.   Animal Exhibition; Circus: It shall be unlawful for an animal exhibition or circus to perform acts or establish exhibits where the performing or exhibited animals are induced to perform through the use of chemical, mechanical, electrical, or manual devices in a manner which is likely to cause physical injury or suffering.

   E.   Confinement without Food and Water; Intervention: A person observing a Companion Animal confined without access to food or water for more than twenty-four (24) hours, should immediately contact the Animal Control Agency. A person acting in good faith to provide food, water or shelter to a mistreated animal shall be immune from civil liability.

   F.   Improper Containment of Animal in Motor Vehicle or Trailer: No person(s) shall permit an animal to be contained within a motor vehicle or trailer under conditions that endanger the health, safety or wellbeing of the animal. This provision includes circumstances relating dangerous temperatures or lack of air, food, water and proper care. An Animal Control Officer, law enforcement officer or public official who has probable cause to believe a confined animal is imperiled shall have the authority to enter the motor vehicle or trailer by any reasonable means after making an effort to locate the owner.

   G.   Abandonment: It shall be unlawful to abandon an animal intentionally, knowingly, recklessly, or with criminal negligence, or leave an animal at a location without providing for the animal's continued care. Abandonment includes the disposing of an animal at or near an animal shelter, veterinary clinic or other place of shelter without first making provisions for its reasonable care.

      1.   Exceptions: Section 5-7-3(G) shall not apply to a person who captures a free roaming At Large domestic cat, transports the cat to a veterinarian for sterilization surgery, and releases the cat in the approximate location in which it was found for the purpose of cat population control. Shall not apply to the Animal Control Agency.

   H.   A violation of this Section shall constitute a misdemeanor and shall be punished as provided for in Section 5-7-23. (Ord. 945, 1-24-2023)

   A.   Prohibited Animals: It shall be unlawful for any person to harbor, keep, maintain or possess within the County any of the following animals:

      1.   Mammals:

         a.   All members of the family Felidae (cat family), except domesticated cats.

         b.   All members of the family Canidae (dog family), except domesticated dogs.

         c.   All nonhuman primates.

         d.   All members of the order Laurasiatheria, except hedgehogs.

         e.   All rodents, except domestic rats, mice, guinea pigs, hamsters, gerbils and squirrels not otherwise restricted by Federal law.

         f.   All marine mammals, including, but not limited to, whales, dolphins and seals.

         g.   All animals from the order Xenarthra, including giant anteaters, sloths, tamanduas, armadillos and pangolins.

         h.   All members of the family Procyonidae.

         i.   All members of the family Mustelidae, except domestic ferrets (Mustela putorious).

         j.   All civets, meerkats and members of the family Vivirridae.

         k.   All marsupials, except Virginia opossum, sugar gliders and bettongs.

         l.   All members of the family Hyaenidae, including, but not limited to, hyenas and aardwolves.

         m.   All members of the order Tubulidentata (aardvarks).

         n.   All members of the order Hyracoidae (hyraxes).

         o.   All hoofed animals belonging to the orders Perrisodactyla and Artiodactyla, except domesticated farm or pack animals.

         p.   All members of the family Elephantidae (elephants).

         q.   All members of the order Chiroptera (bats).

         r.   All members of the family Ursidae (bears).

      2.   Birds:

         a.   Ostriches.

         b.   Cassowaries.

         c.   Penguins of any kind.

         d.   Cranes of any kind.

         e.   Flamingos.

         f.   Hornbills.

         g.   Herons and their relatives from the order Ciconiiformes.

         h.   All birds of prey from the order Falconiformes.

         i.   All owls from the order Strigiformes.

         j.   Canadian Geese from the order Anatidae.

      3.   Reptiles:

         a.   Sea turtles of any kind.

         b.   Aldabra or Galapagos tortoises.

         c.   Komodo dragons.

         d.   All members of the order Crocodilia.

         e.   Wild caught Gila monsters and bearded lizards.

         f.   Elapids (family of venomous snakes) except North American species, such as coral snakes, that are housed under State guidelines.

         g.   Viperids (family of venomous snakes) except North American species, including, but not limited to, rattlesnakes, cotton mouths and copperheads that are housed under State guidelines.

         h.   Tuataras.

         i.   Anacondas.

      4.   Insects: All insects listed as agricultural pests by the USDA and Idaho Department of Agriculture.

   B.   Threatened or Endangered Animals: All animals listed as threatened or endangered on either a State or Federal level and all illegally imported animals shall be prohibited in the same manner as those listed in subsection A of this Section.

   C.   Exceptions: The provisions of this Section shall not apply to keeping of prohibited animals by:

      1.   Any bona fide, licensed zoo accredited by the Association of Zoos and Aquariums;

      2.   Any bona fide licensed veterinary hospital for treatment of illness or injury by licensed veterinarians;

      3.   Bona fide educational or medical institutions accredited by the Idaho Department of Education;

      4.   Permitted by the Idaho Fish and Game Department or Idaho Department of Agriculture,

      5.   Any person keeping raptors that has been permitted to do so by the Idaho Fish and Game Department; and

      6.   A person whose property harbors wildlife or is enhanced with any structure to provide shelter or habitat to native wildlife such as native birds, bats, reptiles, amphibians, fish, or mammals which animals, through their own volition, enter or reside on any such property without being confined artificially by the property owner. People meeting this exception are not considered to be harboring or keeping the prohibited animals.

   D.   The owner or custodian of any prohibited animal kept pursuant to an exception, shall at all times:

      1.   Keep the animal in a cage, enclosure or other confinement that is designed, constructed, and maintained to preclude the animal's escape. The cage, enclosure, or confinement shall be of sufficient size to allow the animal reasonable freedom of movement.

      2.   Keep the animal in a manner that will not threaten or annoy any person of normal sensitivity.

      3.   Employ adequate safeguards to prevent unauthorized access to the animal and to prevent the escape of the animal.

      4.   Immediately notify the Animal Control Agency if the animal escapes and make every reasonable effort to recapture an animal that escapes.

      5.   Allow Animal Control Officers to inspect the animal and the property to determine whether the owner or custodian is complying with this Section.

      6.   Allow the Animal Control Agency to inspect any permit an agency of the Federal or State government has issued to the owner or custodian that regulates the animal.

      7.   Every person keeping a prohibited animal under this Section must house the animal and care for it in a manner that is humane and in accordance with the particular requirements of the species, to include compliance with all State and Federal laws that apply to the welfare of animals.

   E.   Prohibited animals may be impounded by the Animal Control Agency and the owner liable for related fees and costs as set forth in this Chapter. (Ord. 945, 1-24-2023)

   A.   Location for Purchasing License: Dog licenses shall be purchased at locations designated by the Board of Ada County Commissioners.

   B.   License Required; Exceptions: It shall be unlawful for any person to own, harbor, keep or possess a dog older than six (6) months of age within the County without first procuring a license as required by this Chapter, except:

      1.   Dogs whose owners are nonresidents, but who are temporarily residing within the County for thirty (30) days or less, and possessing a license issued by another municipality or other licensing authority.

      2.   Dogs brought into the County for the purpose of participating in shows, exhibits, competitions, or similar events.

      3.   Service Dogs specially trained to assist people with disabilities where the dog is serving in this capacity.

   C.   License Term; Application; Fees:

      1.   Dog licenses shall be valid until the last day of the month, one (1) year, three (3) years, or five (5) years from the month of original issue depending on the duration of license purchased. The owner of the dog located within the County shall make application at designated locations and pay a license fee according to the schedule of fees.

      2.   No dog will be licensed as spayed or neutered without proof the surgery was performed.

      3.   At time of payment the license issuer shall provide a receipt designating the dog owner's name, license number, animal gender (or status of spayed or neutered) and the amount paid. A metal tag bearing the number corresponding to that affixed upon the receipt will also be provided when purchasing a new license.

      4.   If a license is lost, the dog owner shall apply for a replacement tag and pay the appropriate fee.

      5.   Dog licenses may be purchased year-round and renewed up to thirty (30) days prior to expiration.

   D.   Use of Improper or Imitation Dog License: It shall be unlawful for a person to allow their dog to wear a license tag issued to another dog, or wear an imitated County license tag representing the current year's registration, or any tag marked on plate or collar similar to that required by this ordinance.

   E.   Annual License Fees:

      1.   Forty-three dollars and sixty cents ($43.60) for a non-neutered or non-spayed dog.

      2.   Seventeen dollars and forty cents ($17.40) for a neutered or spayed dog. A certificate of neuter or spay issued by a veterinarian or the Idaho Humane Society, Inc., shall be presented at the time the license is applied for in order to secure the license rate for a neutered or spayed dog.

      3.   Senior citizens (those 65 years of age and over) shall pay a license fee of nine dollars and seventy-five cents ($9.75).

      4.   Duplicate licenses shall be issued for four dollars ($4.00).

      5.   Other household pets may be licensed annually upon a voluntary basis for the sum of seven dollars and fifty cents ($7.50) per year.

   F.   Exceptions: Any Service Animal shall be licensed at no cost to the owner. Additionally, there shall be no cost for any dog temporarily in the care of a shelter who needs to live in a home environment prior to adoption. (Ord. 122, 12-23-1981; amd. Ord. 160, 12-10-1986; amd. Ord. 384, 11-2-1999; amd. Ord. 734, 1-13-2010; amd. Ord. 945, 1-24-2023)

   A.   A single residence is limited to a combination of both dogs and cats not exceeding four (4) total animals, on the premises at one (1) time; unless a person residing at the residence obtains a valid noncommercial kennel license, or commercial kennel license, that permits a greater number of dogs or cats.

   B.   For the purposes of this Section, the litter of a female dog or cat may be kept with its mother and the litter, and shall constitute one (1) dog or cat until the litter reaches six (6) months of age, at which time this status will divest and each dog or cat shall be counted as an individual animal.

   C.   A residence may exceed the four (4) dogs or cats per premises limit by an additional one (1) animal, where one (1) or more of the animals is a Service Animal, or Other Support or Therapy Animal, as defined in this Chapter, and the animal(s) will be in use at said premises in this special capacity and the person(s) utilizing the animal(s) reside(s) on the premises. (Ord. 122, 12-23-1981; amd. Ord. 160, 12-10-1986; amd. Ord. 945, 1-24-2023)

   A.   License Requirements: All kennels, commercial or noncommercial, must be licensed. Applications are to be addressed to the Animal Control Agency. The application shall state the name and address of the owner, the location of the kennel or residence, and the number and type of dogs or cats to be kept. The County fee for a kennel license shall be set by resolution of the Board of Ada County Commissioners. An authorized officer of the Animal Control Agency shall inspect all prospective kennels or multiple animal residences prior to granting a kennel permit. The Animal Control Agency will ensure that the designated number of animals and the housing and keeping of such animals will not likely constitute a public nuisance, as defined in Section 5-7-3(C).

   B.   Any application for a kennel license must include:

      1.   Licensing for each dog that is subject to licensing under Section 5-7-5.

      2.   Written approval for a commercial kennel license, which shall be in the form of an approved conditional use permit and a valid zoning certificate issued pursuant to Title 8 of the Ada County Code.

   C.   Revocation of Kennel License:

      1.   A kennel license may be revoked or the application for kennel license denied when any of the following conditions are found to exist:

         a.   Dogs or cats from the subject kennel are apprehended by an Animal Control Officer for running At Large more than one (1) time in any six (6) month period.

         b.   Failure of the kennel to maintain an accurate list of all the animals kept at the kennel. The list shall be maintained as part of the records of the kennel.

         c.   The kennel keeping more than the approved number of animals at the kennel.

         d.   Failure of the kennel to allow access to an authorized Animal Control Officer to inspect the kennel facility.

         e.   Failure to maintain the kennel in a clean and sanitary manner by the kennel operator or its staff.

         f.   Failure by the kennel to provide the animals with adequate shelter and protection from the weather.

         g.   Failure by the kennel to provide the animals with adequate ventilation.

         h.   The quartering together of temperamentally unsuited dogs or allowing the animals to be in proximity to one another which action causes the dogs to be abused or tormented.

         i.   Excessive or loud animal noises at the kennel.

         j.   Failure to adequately treat any diseased or injured dog or failure to segregate a diseased dog necessary to preventing the spread of disease to other animals.

         k.   Conviction on an animal nuisance or cruelty charge, or failure to abate a condition determined by the Animal Control Agency to contribute to or constitute a condition of public nuisance.

   D.   Upon notice of revocation served by the Animal Control Officer, a kennel license holder shall have thirty (30) days to cure any noted defect. In the alternative, the kennel license holder may, within thirty (30) days of the notice, file a written protest to contest such revocation with the Board of Ada County Commissioners.

   E.   If no protest has been timely filed, or if the noted defects have not been timely cured, the kennel license shall be deemed revoked. (Ord. 945, 1-24-2023)

   A.   Dogs At Large: Notwithstanding the following subsections, it shall be an infraction for any owner to allow a dog(s) to run At Large, as defined above.

   B.   Impoundment: The Animal Control Agency may impound any dog found At Large and there is no owner present, subject to redemption in the manner as provided for in this Chapter. It shall be unlawful to kill, destroy, or cause injury to a dog At Large, except as provided for elsewhere in this Chapter.

   C.   Collar and Tag Required: Every dog shall wear a substantial, durable collar or harness at all times, to which the required license tag shall be securely attached.

   D.   Training and Exercise Grounds: The Board of Ada County Commissioners may designate public grounds for the training or exercise of dogs, subject to certain rules and regulations. Dogs exercising in these areas need not be controlled by leash, provided they are under the control of a responsible person through whistle, voice, or other effective command.

   E.   Enclosure Requirements: Any owner who relies upon a fence, or other enclosure, to contain a dog while it is out of doors must maintain the fence or enclosure in a condition to prevent the dog from escaping and running At Large. In the event a dog escapes and is found At Large, or injures or attacks another animal or person through a defective fence, the Animal Control Agency may investigate and document the condition of the fence or enclosure where the owner regularly keeps the dog. If the fence is found to be defective or damaged, the owner shall repair the identified damage, deficiencies, or defects in the fence. If the owner fails to repair the identified damage, deficiencies, or defects, and the dog is again found running At Large, the owner may be cited under this provision for failure to repair the fence to prevent a dog from running At Large in addition to a citation for the dog running At Large. (Ord. 945, 1-24-2023)

It shall be unlawful for any person to take into their possession a stray animal without immediately notifying the Animal Control Agency. The animal shall be released to the Animal Control Agency or an Animal Control Officer upon demand by that Agency's representative without charge. This shall not apply to a person who captures a free roaming At Large domestic cat, transports the cat to a veterinarian for sterilization surgery, and releases the cat in the approximate location where it was found for the purpose of cat population control. (Ord. 945, 1-24-2023)

   A.   Rabies Vaccination Requirements:

      1.   Vaccination Required: The owner or custodian of any dog or cat within the County shall vaccinate such animal against rabies within thirty (30) days of:

         a.   The dog or cat becoming four (4) months of age;

         b.    Acquiring a dog or cat without documented proof of current rabies vaccination; or

         c.   Bringing a dog or cat four (4) months of age or older into the County's limits.

      2.   Revaccination Intervals: The owner or custodian of any dog or cat within the County that has been vaccinated against rabies is required to revaccinate such animal within a period of not more than:

         a.   Twelve (12) months after the animal's initial vaccination, if the animal was between four (4) months and one (1) year of age at the time of such vaccination; and

         b.   Thirty-six (36) months after each subsequent vaccination.

      3.    Rabies Vaccination Waiver: Upon physical examination of a dog or cat, an Idaho licensed veterinarian may provide a written waiver from rabies vaccination based on an illness or infirmity in such animal, or based on a positive rabies antibody btained by laboratory testing. A written waiver must provide an expiration date, not to exceed twelve (12) months. Upon expiration, the animal must be vaccinated, or it must be physically reexamined by an Idaho licensed veterinarian, who may issue a new written waiver from rabies vaccination following the same guidelines set forth herein.

      4.    Approved Vaccination: Only U.S. Department of Agriculture (USDA) approved rabies vaccinations may be administered to dogs and cats within the County.

      5.   Certificate of Vaccination: An Idaho licensed veterinarian who vaccinates a dog or cat against rabies within the County, must immediately issue a certificate of vaccination signed by the veterinarian to such animal's owner or custodian. The certificate of rabies vaccination shall provide the following information:

         a.   The date of the vaccination;

         b.   The name and address of the vaccinated animal's owner or custodian;

         c.   The type of vaccine used, the vaccine manufacturer's name, and the vaccine's serial or lot number; and

         d.   The breed, age, color, sex, and name of the vaccinated dog or cat.

      6.   Maintaining Vaccination Records: The owner or custodian of a dog or cat shall maintain copies of the certificates of rabies vaccinations for the animal and shall produce such records upon request by:

         a.   An Animal Control Officer;

         b.   A person who was injured by and potentially exposed to rabies by such animal;

         c.   A licensed physician who is currently treating a person who was injured by and potentially exposed to rabies by such animal; or

         d.   A veterinarian who is currently treating an animal that was injured by and potentially exposed to rabies by such animal.

   B.   Duty to Report and Confine Suspected Rabid Animals: It shall be unlawful for an owner or person having charge, custody or control of any animal, who learns or observes the animal act in a manner that would lead a reasonable person to suspect the animal is infected with rabies:

      1.   To fail, refuse, or neglect to immediately notify the Animal Control Agency;

      2.   To fail to securely confine such animal as directed by the Animal Control Agency;

      3.   To fail, refuse, or neglect to allow a licensed veterinarian to inspect or examine such animal for symptoms of rabies.

   C.   Quarantine of Biting Animals; Suspected Rabies - Procedures:

      1.   An owner or custodian of any animal who learns of or observes such animal exhibiting rabies symptoms or observes the animal act in a manner that would lead a reasonable person to suspect the animal is infected with rabies, shall surrender the animal for quarantine to an animal shelter or licensed veterinarian.

      2.   An owner or custodian of any animal that has bitten a human in which the skin was broken shall surrender such animal for quarantined confinement to an animal shelter or a licensed veterinarian.

      3.   An owner or custodian of any animal which comes into contact with a known rabid or suspected rabid animal shall be quarantined in a place and manner, and for a period of time, designated by the Director of the Animal Control Agency.

      4.   Quarantine Period: Any animal quarantined for biting or under suspicion of rabies infection shall be confined and observed by a licensed veterinarian for a period of no less than ten (10) days and not more than fifteen (15) days from the date the bite was inflicted.

      5.   Alternative Quarantine Procedure: At the discretion of the Director of the Animal Control Agency, the quarantine of an animal may be conducted at a licensed boarding kennel or upon the premises of the owner or custodian of the animal. During the period of quarantine, the animal must be securely confined and isolated from contact with humans and other animals. Within forty-eight (48) hours of the conclusion of the quarantine period, and at the owner's or custodian's expense, the owner or custodian shall have the animal examined by a licensed veterinarian, the Animal Control Agency, or an Animal Control Officer to determine whether the animal exhibits any symptoms of rabies or has died. In the case of a veterinary examination, the owner or custodian shall submit a true and accurate copy of the veterinarian's examination record to the Animal Control Agency. If the animal dies while in alternative quarantine, the animal's owner or custodian shall immediately notify the Animal Control Agency and surrender the carcass for testing if requested by the Animal Control Agency.

      6.   Surrender for Destruction of Rabid Animals: The owner or custodian of an animal that is determined to be rabid shall surrender the infected animal to the Animal Control Agency, if not already in possession of the Animal Control Agency. The animal's diagnosis shall be confirmed. If the animal is found to be rabid then the animal shall be euthanized by the Animal Control Agency after the owner is notified.

      7.   Impoundment; Fees and Costs; and Disposal of Quarantined Animal: Any animal exhibiting rabies symptoms may be impounded for quarantine, and the animal's owner shall be liable for all related fees and costs as set forth in this Chapter. Impounded animals for quarantine are subject to disposal by the Animal Control Agency as set forth in this Chapter.

   D.   Contagious Diseased Animals At Large: It shall be unlawful for any person to permit or allow any animal with a contagious or infectious disease to run At Large upon the public streets, or to be within and upon any public transportation facility, or any other public building or place within the County, or to expose such animal in any public building or place, whereby the health, safety and wellbeing of the public, or any member or members thereof, may be affected; nor shall such animal be shipped or removed from the premises of the owner of such animal, except under the supervision of the Animal Control Agency. (Ord. 945, 1-24-2023)

   A.   If an animal:

      1.   Presents an immediate danger to the health and safety of a person;

      2.   Is threatening a person; or

      3.   Is harming a person;

Then the animal may be restrained by whatever humane means necessary and even destroyed if absolutely necessary to prevent injury to the victim. Alternatively, a law enforcement officer, the Animal Control Officer or Animal Control Agency may, if practical, apprehend the animal and impound it.

   B.   Any owner of an animal presenting an immediate danger without provocation, as described above, in addition to any other penalties as provided in this Chapter, shall be guilty of a misdemeanor. (Ord. 945, 1-24-2023)

It shall be unlawful for the owner or person in possession of any animal to direct, encourage, cause, allow, or otherwise aid or assist a dog to threaten, charge, bite, harass, menace, or attack a person or other animal within the County. The directed animal may be seized and impounded. This Section shall not apply to an attack by a dog under the control of a law enforcement officer or resultant from an attack upon an uninvited intruder who enters the owner's property with a criminal intent. (Ord. 945, 1-24-2023).

   A.   An owner or person in possession of a dog that bites or attacks a Companion Animal, or bites or attacks a human being without causing serious injury and without justified provocation as provided in this Chapter, is guilty of an infraction, and shall be punished by a fine of $150 upon conviction. Further, as consequence of the owner or person in possession pleading guilty or being found guilty of an infraction under this subsection, the dog which bit or attacked shall be deemed an At-Risk Dog, provided the animal is found to meet the definition as provided in this Chapter, and that justified provocation was not a factor in the incident. The provisions of Section 5-7-19 applicable to keeping at-risk dogs shall apply to that dog.

      1.   If, within twelve (12) months from the date of a conviction under this Section, a dog again attacks or bites a Companion Animal, or attacks or bites a human being and without justified provocation, and without causing serious injury, the owner, or person in possession, shall be guilty of misdemeanor. Further, as a consequence of the owner or person in possession pleading guilty or being found guilty of a misdemeanor under this subsection, the dog which bit or attacked shall be deemed dangerous. The provisions of Section 5-7-19 applicable to keeping dangerous dogs shall apply to that dog.

   B.   Any owner, or person in possession, of a dog that bites or attacks a human being and causes serious injury and without justified provocation as provided in this Chapter shall be guilty of a misdemeanor. Further, as a consequence of the owner (or person in possession) pleading guilty or being found guilty of a misdemeanor under this subsection, the dog which bit or attacked shall be deemed a Dangerous Dog provided the animal is found to meet the definition of dangerous dog as provided in this Chapter, and that justified provocation was not a factor in the incident. The provisions of 5-7-19 applicable to keeping a Dangerous Dog shall apply. (Ord. 945, 1-24-2023)

   A.   Prohibition: It shall be unlawful for a person to fail to exercise proper care and control of their animal. To prevent it from becoming a public nuisance, as the term public nuisance is defined in Chapter 1, Title 52, of the Idaho Code, a person shall be subject to criminal liability and guilty of a misdemeanor for allowing an animal to become a public nuisance when such person permits or allows an animal to:

      1.   Bark, bay, cry, howl, or emit any excessive animal noise audible beyond the boundaries of the property on which the animal is situated for an extended period of time, day or night, thereby unreasonably disturbing another person. For purposes of this Section "extended period of time" means either:

         a.   Barking, baying, crying, howling, or other animal noise emitted by one or more animals incessantly for thirty (30) minutes, with no individual period of silence of more than one (1) minute during the thirty (30) minute period; or

         b.   Barking, baying, crying, howling or other animal noise emitted by one or more animals intermittently for a total of sixty (60) minutes or more within a twenty-four (24) hour period.

   B.   Exceptions: This Section shall not apply to animals that are being harassed or provoked by a person to cause such noise, that are maintained on land zoned for agricultural purposes, are kept at a properly permitted animal shelter established for the care and placement of unwanted or stray animals, or are kept at a properly zoned commercial boarding kennel.

   C.   Proof of Excessive Noise Nuisance: The owner or custodian of an animal may be charged with excessive animal noise nuisance when an Animal Control Officer:

      1.   Receives signed complaints alleging an animal noise nuisance from at least two (2) unrelated adult witnesses residing in different residences;

      2.   Receives a signed complaint alleging an animal noise nuisance from one adult witness who has an audio or video recording of the alleged violation;

      3.   Receives a signed complaint alleging an animal noise nuisance from one (1) adult witness and the Animal Control Officer also personally observes noise emission consistent with the complainant's allegations, even if the noise emission witnessed by the officer is for less than the required amount of time under this ordinance; or

      4.   Personally witnesses the excessive noise violation for the required period of time under this ordinance.

   D.   Other Animal Nuisances: Another animal nuisance may occur when:

      1.   An animal threatens, or acts aggressively towards, passersby;

      2.   An animal chases vehicles, individuals on bicycles, scooters or similar devices, or pedestrians;

      3.   An animal attacks other animals;

      4.   An animal trespasses upon public or private property in such a manner as to damage the property;

      5.   An excessive amount of animal feces is permitted to accumulate in such a manner as to present a health risk to a person or which is of such quantity as to generate odors off the premises of the animal owner; or

      6.   An owner fails to confine a female dog during estrus or proestrus in a building or secure enclosure in such manner that such female dog cannot come into contact with male dogs, except for planned breeding.

   E.   Nuisance Feral Cat Prevention: Any cat not spayed or neutered that is permitted to be out of doors not under the direct control of its owner is deemed a nuisance. The Animal Control Agency may seize any cat At Large and may spay or neuter such animal. The Animal Control Agency may mark the cat as being spayed or neutered by marking the animal's ear, or through some other methodology. A cat that is seized pursuant this Section, spayed or neutered, and marked as such, may be released by the Animal Control Agency to the location from which it was seized. (Ord. 945, 1-24-2023)

   A.   Animal Control Agency:

      1.   Appointment of Animal Control Agency: The Board of Ada County Commissioners is authorized to appoint an Animal Control Agency to enforce the provisions of this Chapter.

      2.   Duty of Animal Control Agency, Shelter and its Officers or Assigns: The Animal Control Agency is authorized to enforce the provisions of this Chapter and is designated as a peace officer for this purpose. The Animal Control Agency is authorized to make necessary animal seizures. The Animal Control Agency may remove and keep any animal in violation of the provisions of this Chapter. The Animal Control Agency shall issue a notice of ordinance violation to enforce provisions of this Section. The notice of ordinance violation may be signed by any person witnessing a violation as well as the witnessing Animal Control Officer whose name shall be affixed on the notice of ordinance violation.

   B.   Designation of Animal Control Shelter: The Board of Ada County Commissioners shall designate an official Animal Control Shelter where animals found in violation of this Chapter shall be taken. (Ord. 122, 12-23-1981; amd. Ord. 160, 12-10-1986; amd. Ord. 801, 9-12-2012; amd. Ord. 945, 1-24-2023)

   A.   No person shall obstruct, delay, hinder, hide, conceal, or interfere with any person authorized by the Board of Ada County Commissioners to discharge their duties under this Section. The following acts are considered obstructing or interfering with an Animal Control Officer's duties:

      1.   Removing an animal from the animal control shelter or from the custody of an Animal Control Officer without the authority of the Animal Control Agency.

      2.   Removing an animal from the animal control shelter without paying the designated fees.

      3.   Threatening or obstructing an Animal Control Officer acting in their official powers or duties.

      4.   Committing an act that interferes with or obstructs an Animal Control Officer acting in the discharge of their duties.

      5.   It is unlawful to make a false or misleading statement or representation about animal ownership or custody to an Animal Control Agency, shelter or officer.

   B.   An Animal Control Officer in the course of their duties has an obligation to identify who they are to those requesting that information and provide a current work address and, if necessary, sign an acknowledgement of receipt of infraction or misdemeanor.

   C.   Any person violating this Section shall be guilty of a misdemeanor. (Ord. 945, 1-24-2023)

   A.   An Animal Control Officer may impound an animal if they have probable cause to believe a violation of any provision of this Chapter has occurred and for which an animal may be impounded. The notice and terms of impoundment, redemption, and disposal of such animal are set forth in this Section.

   B.   Record of Impounding: At time of animal impoundment the Animal Control Agency shall record the date of impounding, a description of the animal impounded, the reason behind the impoundment and an assessment of its identity if that can be determined.

   C.   Identified Animals: Within twenty-four (24) hours after impoundment of an identified animal, the Animal Control Agency shall make all reasonable efforts to notify the owner of the animal's impoundment.

   D.   Redeeming Animals:

      1.   Animals brought to the animal control shelter shall be provided humane treatment and sufficient food and water for their comfort. They shall be held by the Animal Control Shelter for a period of time, as determined by the impounding agency, unless they are subject to other provisions of this Section.

      2.   This Section does not apply to animals that are sick or injured to the extent that their impoundment will prolong their suffering and a better course of action would be to humanely euthanize the animal in the opinion of a licensed veterinarian.

      3.   The owner of any animal that is lawfully impounded shall be responsible for and pay all fees and expenses related to the impoundment whether or not the animal is later claimed.

      4.   The following protocol is required to reclaim an animal, unless otherwise noted:

         a.   Execution of a sworn statement of current ownership.

         b.   Proof of current license (if required) in the circumstance the animal is untagged, or purchase of a license and tag.

         c.   Payment of the impoundment fees.

         d.   Payment of the boarding fee according to the boarding schedule.

         e.   Payment of any veterinary and hospital expenses incurred during the animal's impoundment.

   E.   Refusal to Redeem Impounded Animal; Adoption; Appeal: The animal may not be redeemed by the owner, if, in the judgment of a licensed veterinarian or an agent of the Animal Control Agency, an animal should not be returned to the owner for humane or public health reasons. The owner shall be provided written notice of this decision, and the owner shall be permitted to appeal this decision to the director as an affected person. After completion of an appeal, or after the time for filing an appeal has passed, the Animal Control Agency may either: (1) find a responsible person to adopt the animal; or (2) euthanize the animal.

   F.   Impoundment fee: The Animal Control Shelter shall charge a fee, set by resolution of the Board of Ada County Commissioners for receiving an animal into custody. This fee shall be paid at time of animal redemption and these fees shall be remitted to Ada County.

      1.   Fee Schedule:

 

 

   G.   Boarding Fees: The Animal Control Shelter shall be entitled to charge a boarding fee for the keeping and selling of an animal and these fees shall be retained by the Animal Control Shelter.

   H.   Annual Report of Fees: The charges associated with the keeping and selling of an animal shall be determined by the Animal Control Shelter. The fees charged by the Animal Control Shelter for boarding and keeping any animal shall be paid at time of animal redemption along with any veterinary and hospital expenses incurred during the animal's impoundment. The Animal Control Shelter is obligated to keep a fee schedule for services rendered available for public inspection and advise the Board of County Commissioners annually the fees it charges for its services. (Ord. 945, 1-24-2023)

   A.   Notice of Abatement; Appeal: In addition to any legal remedy available under the provisions of this Chapter, the Animal Control Agency may notify and direct, in writing, an owner who is guilty of three (3) convictions of a violation of this Chapter in any twelve (12) month period to abate and remove the animal(s) causing the violations from the County within five (5) calendar days from the date of the notice; or, in the alternative, to abate and transfer ownership and possession of the animal to another person not living at the same place of residence.

   B.   Request Hearing Before District Court: The owner of an animal that has been served with an order of abatement, pursuant to subsection A. of this Section, may appeal such order by requesting a hearing before the district court by submitting a written request to the clerk of the court. Any appeal must be filed within five (5) calendar days following service of the notice.

   C.   Failure to Abate; Impoundment of Animal: If the owner of the animal is found in violation of the abatement notice and has failed to timely appeal the notice or lost their appeal, the animal shall be removed and impounded by the Animal Control Agency, subject to all impoundment procedures; provided, however, the animal may not be returned to the same residence or property from where it formerly resided or was impounded. The owner of the animal shall be responsible for the fees incurred as a result of the seizure and impoundment of the animal. (Ord. 945, 1-24-2023)

   A.   Purpose.

      1.   Dangerous and At-Risk dogs found within the boundaries of Ada County present a risk to the health, safety, and welfare of persons and other animals. The purpose of this Section is to provide policies and procedures for the safe management of Dangerous and At-Risk dogs to promote the public health, safety, and welfare, while also promoting the humane and ethical treatment of animals.

   B.   Procedure for Designating a Dog as Dangerous or At-Risk.

      1.   If an Animal Control Officer has probable cause to believe a dog is Dangerous or At-Risk, as those terms are defined in this Chapter, the Officer shall have authority to designate the dog as Dangerous or At-Risk and shall serve a written Notice of Designation on the owner of the dog. An Animal Control Officer shall have authority to designate an animal regardless of whether or not an owner has been charged with a crime related to an unprovoked animal attack. The Notice of Designation shall:

         a.   Be personally served on the owner by an Animal Control Officer or other authorized person.

         b.   Identify whether the dog is being designated as Dangerous or At-Risk;

         c.   Identify the date on which the officer determined the dog to be Dangerous or At-Risk;

         d.   Provide a description of the factual circumstances and events that support the officer's decision to designate the dog as Dangerous or At-Risk;

         e.   Provide a clear description of the dog such that it can be identified, a photograph of the dog is encouraged;

         f.   Provide notice that the owner may petition the Animal Control Agency to review the Officer's decision to designate the animal as Dangerous or At-Risk;

         g.   Provide notice that the Officer's designation decision shall become final after ten (10) business days if the owner fails to petition the Animal Control Agency to review the Notice of Designation;

         h.   Provide notice that owners of a dog designated as At-Risk or Dangerous may either keep the dog in their possession and be subject to the restrictions the Animal Control Agency puts in place for the keeping of such dogs, or may voluntarily relinquish custody of the dog to the Animal Control Agency; and

         i.   Provide notice that the final disposition of a dog voluntarily relinquished to, or seized by, the Animal Control Agency pursuant to this Section may be adoption or euthanasia, and this decision shall be in the sole discretion of the Animal Control Agency.

      2.   No dog may be designated as Dangerous or At-Risk when, at the time an injury or damage was sustained, the precipitating cause constituted justified provocation.

      3.   An Animal Control Officer has the authority to seize and impound a dog that has been determined, by an Animal Control Officer, to be:

         a.   Dangerous; or

         b.   Present an ongoing risk.

      4.   When an Animal Control Officer designates a dog as At-Risk the Animal Control Officer shall have authority, but is not required, to seize and impound the dog. Where the officer chooses to leave the dog in the owner's custody and care, based upon the owner's express willingness to comply with requirements and restrictions for keeping such dogs, the Officer shall provide notice to the owner of the requirements and restrictions for keeping At-Risk dogs as provided in this Section.

      5.   If an owner chooses to petition the Animal Control Agency to review the Officer's designation decision, the owner shall be responsible for any fees associated with boarding and caring for the animal during the time the petition and any additional proceedings are pending, as well as any fees associated with processing and considering the petition.

   C.   Any owner that receives a Notice of Designation shall be permitted to appeal that designation as an affected person as provided in this Chapter.

   D.   Keeping Dangerous Dogs: The owner of a dog designated as Dangerous, or a new adoptive owner of a dog designated as Dangerous prior to being adopted, shall be subject to the following restrictions for the keeping of such dog within the boundaries of Ada County:

      1.   The dog shall be licensed pursuant to the provisions of this Chapter.

      2.   The owner shall be required to have a microchip implanted in the dog that allows for identification of the animal and the owner shall be required to report the microchip number to the Animal Control Agency.

      3.   The owner shall be required to procure and maintain liability insurance of not less than one hundred fifty thousand dollars ($150,000) in the case of a dog that is designated as Dangerous based on an attack or injury inflicted on any person, or twenty thousand dollars ($20,000) in the case of a dog that is designated as Dangerous based solely on attacks or injuries inflicted on animals but not people, that covers any damage or injury that may be caused by such Dangerous dog; the County shall be named as an additional insured on this policy for the purpose that the County Clerk, or other licensing authority, will be notified by the insurance company if the policy is cancelled, terminated, or otherwise expires.

      4.   The dog shall be contained within an enclosure on the owner's property; this enclosure may be a fence, kennel, or other adequate means of containing the animal to the owner's property. The Animal Control Agency shall be permitted to inspect such enclosure, and if the enclosure is found to be defective or inadequate by the Agency the owner shall not be permitted to keep the dog until the enclosure improved as requested by the Animal Control Agency. Failure to improve the enclosure shall result in the inability of the owner to keep the Dangerous Fog.

      5.   The owner shall be required to post signs on their property that announce to other persons that there is a Dangerous Dog on the property. Such signs must be placed at any potential entrance point to the yard or home (such as at gates, doors, and on the enclosure where the dog is kept), and must include words indicating the presence of a "dangerous" dog. A sign merely stating "Beware of Dog," without also identifying the dog to be "dangerous," "vicious" or some substantially similar word indicating the dog's propensity for aggression shall be insufficient.

      6.   In the event the owner takes the dog off their property, the dog shall be on a leash no greater than three (3) feet in length, and the dog shall also be required to wear a muzzle. The leash must be of adequate strength to restrain the dog, and the person holding the leash must be physically capable of restraining and controlling the dog; the dog must not be allowed to be off leash within Ada County including any areas designated as off leash areas, the dog shall not be kept at dog care facilities where dogs are kept in group off leash housing. The owner or custodian of the dog shall ensure that the dog is not allowed to have physical contact with any other dog or person other than the keeper, custodian or immediate family of the owner when off the property of the owner.

      7.   The owner shall be required to spay or neuter the dog.

      8.   The owner shall be obligated to schedule and obtain annual inspections of the dog by the Animal Control Agency.

   E.   Keeping At-Risk Dogs: The owner of a dog designated as At-Risk, or a new adoptive owner of a dog designated as At-Risk prior to being adopted, shall be subject to the following restrictions for the keeping of such dog within the boundaries of Ada County:

      1.   The dog shall be licensed pursuant to the provisions of this Chapter;

      2.   The owner shall be required to have a microchip implanted in the dog that allows for identification of the animal and the owner shall be required to report the microchip number to the Animal Control Agency;

      3.   The dog shall be contained within an enclosure on the owner's property; this enclosure may be a fence, kennel, or other adequate means of containing the animal to the owner's property. The Animal Control Agency shall be permitted to inspect such enclosure, and if the enclosure is found to be defective or inadequate by the Agency the owner shall not be permitted to keep the dog until the enclosure improved as requested by the Animal Control Agency. Therefore, the dog may be impounded until the enclosure is repaired or improved. Failure to improve the enclosure shall result in the inability of the owner to keep the At-Risk dog;

      4.   In the event the owner takes the dog off their property, the dog shall be on a leash no greater than six (6) feet in length. Further the leash must be of adequate strength to restrain the dog, and the person holding the leash must be physically capable of restraining and controlling the dog; the dog must not be allowed to be off leash within County limits including any areas designated as off leash areas, the dog shall not be kept at dog care facilities where dogs are kept in group off leash housing. The owner or custodian of the dog shall ensure that the dog is not allowed to have physical contact with any other dog or person other than the keeper, custodian or immediate family of the owner when off the property of the owner.

   F.   In addition to any criminal penalties, failure to comply with any of the restrictions in Section (D) or (E) above may result in the dog being immediately seized and impounded. An owner is permitted to redeem the animal from impound so long as the owner comes into compliance with the provisions of Section (D) or (E), whichever is applicable, within ten (10) days of the dog being seized. If the owner fails to come into compliance with the provisions of the applicable Section (D) or (E), the Animal Control Agency may place the dog up for adoption or euthanize the dog, provided the Agency complies with the adoption or euthanasia guidelines provided for elsewhere in this Chapter.

   G.   Transfer of At-Risk or Dangerous Dogs: If an owner of an At-Risk or Dangerous dog transfers ownership of the dog to another person, they shall be obligated to notify the new owner of the designation. Further, they shall be obligated to notify the Animal Control Agency of the transfer of ownership of the animal, and provide to the Animal Control Agency the name, physical address, and telephone number of the new owner of the dog. The new owner shall be obligated to comply with the requirements set forth in this Section for keeping At-Risk or Dangerous dogs.

   H.   Disposition of Dogs Designated as Dangerous or At-risk.

      1.   In the event a dog designated as Dangerous again, while unprovoked, attacks a person, such dog shall be subject to immediate impounding by the Animal Control Agency and shall be humanely euthanized as expeditiously as reasonably possible. Such second attack need not cause serious injury for this provision to apply.

      2.   As proscribed elsewhere in this Chapter, Dangerous or At-Risk dogs may be impounded under various circumstances. Where such dogs are voluntarily relinquished by the owner, or where the owner cannot or will not redeem the dog from impound, the Animal Control Agency shall be permitted to place the dog for adoption if, in the Agency's judgment, the dog can be safely adopted to a new home. Where the Agency concludes the dog cannot be safely adopted, the Agency shall humanely euthanize such animal.

      3.   If the Animal Control Agency chooses to place for adoption a dog currently or previously designated as Dangerous or At-Risk to a new home, the Animal Control Agency shall provide written notice to the person(s) adopting the dog of its current or previous designation. Prior to approving the adoption, the Agency shall obtain a written signed waiver from the adopting person(s) indicating they are aware of the dog's designation, and will not hold the County liable for incidents that may arise related to the dog's behavior. Further, where the designation is currently in place and not expired or vacated, the Animal Control Agency shall notify the person(s) adopting the animal of the restrictions placed on an owner of such animal provided for in Ada County Code Section 5-7-19(D) and (E), and the owner shall be obligated to comply with these restrictions.

      4.   The Animal Control Agency, in its sole discretion, shall be authorized to deny a request to adopt a Dangerous or At-Risk dog. The Animal Control Agency shall be particularly sensitive to the potential risks associated with adopting the animal to a home with small children or other vulnerable individuals, and only approve such adoptions in rare circumstances. The Agency's decision to deny an adoption request under this provision is not subject to appeal.

      5.   The Animal Control Agency shall keep records of dogs designated as Dangerous or At-Risk. The records kept shall at a minimum contain information identifying the dog (including name, breed, color and markings description, microchip number, and gender), the date of the Notice of Designation, and the name and contact information for the current owner of such dog.

   I.   Expiration or Cancellation of At-Risk Designation.

      1.   The designation as an At-Risk dog shall expire twenty-four (24) months after the Notice of Designation is served on the current or previous owner, provided the dog has not acted in a manner or committed an act during that twenty-four (24) month period that would constitute grounds to again designate the dog as At-Risk.

      2.   An owner of an At-Risk dog may petition the Animal Control Agency earlier than twenty-four (24) months to cancel the designation as At-Risk. The petition shall set out factual or legal circumstances that would warrant the cancellation of the designation. The Agency receiving such a petition shall investigate the circumstances asserted by the owner, and provide a written decision to the owner either granting or denying the petition. An owner may file more than one petition under this provision, provided no owner shall bring more than one such petition during any twelve (12) month period of time. The owner bringing such petition shall be responsible for all fees and costs incurred by the County or Animal Control Agency in processing said petition.

   J.   The owner of a dog impounded under any provision of this Section shall be liable to the Animal Control Agency for costs associated with boarding and caring for the animal until the animal redeemed from impound, adopted, or euthanized, except where the animal was voluntary relinquished to the Animal Control Agency.

   K.   An owner of a dog who violates any provision of Ada County Code Section 5-7-19 shall be guilty of a misdemeanor and shall be punishable as provided herein. (Ord. 945, 1-24-2023)

If an Animal Control Officer determines a dog to be At-Risk or Dangerous, the Animal Control Officer or Agency shall notify the dog owner of the determination. The results of the investigation will be reported to the Animal Control Agency and to the dog owner. The dog owner has the option of filing an appeal with the district court. Such appeal shall be within ten (10) days of the designation as an At-Risk or Dangerous dog. Depending on the circumstances, the dog may be impounded pending disposition of the case. The hearing procedures shall be governed by the Idaho Rules of Civil Procedure with the burden of proof on the owner of the dog to show the dog should not be classified as Dangerous or At-Risk.

   A.   Destruction of Dangerous Dog:

      1.   If the court finds the dog is Dangerous, then the court may order the Owner to comply with restrictions set out by the Animal Control Agency, or such dog shall be subject to destruction by the Animal Control Agency. Upon request of the owner, the dog's remains shall be provided to the owner within five (5) days of destruction.

      2.   If the court finds that the dog is not At-Risk or Dangerous as defined in this Chapter, such dog may be released to the custody of the owner upon payment of any outstanding impoundment fees. (Ord. 945, 1-24-2023)

It shall be a misdemeanor for an owner of an animal to deny ownership of that animal. (Ord. 945, 1-24-2023)

Except where specifically provided otherwise within this Chapter, any person violating any of the provisions of this Chapter for which a fixed fine has not been designated shall be deemed guilty of a misdemeanor and, upon conviction thereof, shall be punished with a fine as provided by Idaho Code Section 18-113 as it may from time to time be amended and/or retitled, or by imprisonment for not more than thirty (30) days, or by both said fine and imprisonment. (Ord. 945, 1-24-2023)

This chapter is entitled NOXIOUS WEED CONTROL ORDINANCE. (Ord. 741, 1-19-2010)

This chapter is enacted pursuant to authority conferred by article 12, section 2, Idaho constitution, and sections 31-714, 31-801, 22-2405, 22-2409, Idaho Code, as may be amended or retitled from time to time. Its purpose is to provide procedures for abating noxious weeds, which can create environmental damage and other problems having a harmful effect upon the health and welfare of the public. (Ord. 741, 1-19-2010)

It is unlawful for any landowner to knowingly maintain noxious weeds on their land or property within Ada County. (Ord. 741, 1-19-2010)

Pursuant to section 22-2407, Idaho Code, as it may be amended or retitled from time to time, it is the duty and responsibility of all landowners to control noxious weeds on their land and property and to reimburse the county control authority for control work performed because of failure to comply with the requirements of this chapter. (Ord. 741, 1-19-2010)

For the purposes of this chapter, the following definitions shall apply. Any words or phrases not defined in this chapter should be given their ordinary, commonly understood and accepted meanings.

CONTROL: Any or all of the following: prevention, rehabilitation, eradication or modified treatments of noxious weeds.

COUNTY: Ada County, Idaho.

COUNTY CONTROL AUTHORITY: The board of Ada County commissioners.

COUNTY WEED SUPERINTENDENT: Person so employed by the board of Ada County commissioners to detect and treat noxious weeds, or his/her employee(s) charged with a duty to detect and/or treat noxious weeds.

DIRECTOR: The director of the Idaho department of agriculture or the director's designated agent.

LANDOWNER: Landowners include the person holding legal title to the property and persons with an interest in the property such that the person has the right to exclude others from possession of the property.

NOXIOUS WEED: Any plant having the potential to cause injury to public health, crops, livestock, land or other property; and which is designated as noxious by the director. (Ord. 741, 1-19-2010)

   A.   When noxious weeds are found within county:

      1.   A general notice for control of noxious weeds shall be published between March 1 and April 30 in a newspaper of general circulation within the county. The notice shall contain the list of noxious weeds and identify those known to be in the county, and shall state that it is the duty and responsibility of all landowners to control noxious weeds on their land and property. Failure to publish the notice for control or serve individual notices herein provided does not relieve any person from full compliance with the provisions of this chapter. In all cases said published notice shall be deemed legal and sufficient notice.

      2.   Whenever the county weed superintendent finds it necessary to secure more prompt or definite control of noxious weeds than is accomplished by the general notice, it may serve individual notices on the landowner and, where possible, on the operator of the land, giving specific instructions when and how certain named noxious weeds are to be controlled. The individual notice shall also contain information concerning the potential for the assessment of a civil penalty and the right to appeal the penalty assessment within two (2) working days from the date of service of the notice, pursuant to sections 22-2408 and 22-2409, Idaho Code, as may be amended or retitled from time to time. Such service shall be by personal service or by certified mail directed to the address of the landowner, as shown on the assessment rolls of the county, occupant or person in charge of possession. Notice shall be deemed satisfied after eight (8) days from the postmark of the certified mailing to the address as shown on the assessment roll of the county. If service of the written notice cannot be verified, additional notice may be posted to a building or other place on the property so conspicuous that any person occupying, possessing or using the property could reasonably be expected to see it. A posting of the notice in this manner for a period of five (5) days shall constitute additional service of the notice. Individual notices shall be applicable only to the current growing season.

      3.   Whenever the landowner of any nonfederal land or nonfederally administered land on which noxious weeds are present has neglected or failed to initiate control as required, pursuant to this chapter, within five (5) working days from the date an individual notice was served, pursuant to this section, the county control authority may assess a civil penalty of not more than one hundred dollars ($100.00). Penalties shall be based on the noxious weed action plan, duly adopted by the county control authority.

      4.   Failure to initiate control of the noxious weeds within five (5) working days from receipt of the individual notice given pursuant to this section further authorizes the county weed superintendent to have proper control measures used on such land, including necessary destruction of crops. The county weed superintendent shall advise the landowner of the cost incurred in connection with such control measures. The cost of any such control measures shall be at the expense of the landowner. Nothing in this chapter prohibits the county weed superintendent from using proper control measures on noxious weeds, in lieu of civil penalties, if the county weed superintendent deems such action to be in the best interest of the public.

      5.   When the cost of proper control measures to control the noxious weeds of a landowner is estimated to exceed one hundred fifty dollars ($150.00), the county weed superintendent may serve individual notice, as provided in subsection A2 of this section, giving the landowner of any nonfederal land or nonfederally administered land, specific instructions when and how certain named noxious weeds are to be controlled. The individual notice shall also contain information concerning the potential for the assessment of a civil penalty and the right to appeal the penalty assessment within two (2) working days from the date of service of the individual notice, pursuant to sections 22-2408 and 22-2409, Idaho Code, as may be amended or retitled from time to time. Whenever the landowner on which noxious weeds are present has neglected or failed to initiate control as required, within five (5) working days from the date an individual notice was served, pursuant to this section, the county control authority may assess a civil penalty of twice the amount of the estimated abatement control measures, not to exceed one thousand dollars ($1,000.00). Failure to initiate control of the noxious weeds within five (5) working days from receipt of the individual notice given pursuant to this section further authorizes the county weed superintendent to have proper control measures used on such land, including necessary destruction of crops. The county weed superintendent shall advise the landowner of the cost incurred in connection with such control measures. The cost of any such control measures shall be at the expense of the landowner. Nothing in this chapter prohibits the county weed superintendent from using proper control measures on noxious weeds, in lieu of civil penalties, if the county weed superintendent deems such action to be in the best interest of the public.

      6.   If the weed control expenses and/or civil penalties have not been paid to the county control authority within sixty (60) days of the expenses billing and/or penalty assessment, the county control authority may direct that suit be brought in a court of competent jurisdiction for the unpaid charges and/or penalties. Pursuant to section 22-2405(4), Idaho Code, as it may be amended or retitled from time to time, on private lands, if unpaid for sixty (60) days or longer, the amount of such unpaid charges and/or penalties shall become a lien upon the property; and thereafter the lien shall be subject to collection by county by sale of the property in the same manner as for delinquent taxes. Nothing contained in this chapter shall be construed to require satisfaction of the imposed obligation by the sale of property or to bar the application of any other available remedy.

      7.   Any person who violates any provision of this chapter, or who fails or refuses to comply with any requirements herein specified, or who interferes with the county control authority, its agents or employees, in the execution, or on account of the execution of their duties under this chapter, shall be guilty of a misdemeanor and upon conviction thereof, shall be fined not more than one thousand dollars ($1,000.00) or be imprisoned in a county jail for not more than six (6) months or be subject to both such fine and imprisonment.

      8.   No civil penalty may be assessed unless the person charged was given notice and opportunity for a hearing pursuant to section 22-2409, Idaho Code, as it may be amended or retitled from time to time.

      9.   Any person against whom the county control authority has assessed a civil penalty under the provisions of this section may, within thirty (30) days of the final action by the county control authority making the assessment, appeal the assessment to the district court of Ada County.

      10.   All civil penalties collected pursuant to this chapter shall be remitted to the Ada County noxious weed fund, from which disbursements shall be made only for noxious weed control purposes.

      11.   It shall be a separate offense for each day that a noxious weed is maintained, kept or allowed to exist. However, individual civil penalties assessed shall not exceed a total of ten thousand dollars ($10,000.00). Nothing in this chapter shall be construed as requiring the county weed superintendent to report minor violations when the county weed superintendent believes that the public interest will be best served by suitable warnings or other administrative action.

      12.   The county control authority, by and through the Ada County prosecutor's office, may bring an action to enforce the provisions of this chapter, and the penalties provided herein. (Ord. 741, 1-19-2010)

This chapter is entitled the ADA COUNTY NUISANCE ORDINANCE. (Ord. 236, 5-2-1991, eff. 5-20-1991)

This chapter is enacted pursuant to authority conferred by article 12, section 2, Idaho constitution, and sections 31-714, 31-801, Idaho Code. Its purpose is to provide for and further the health, safety and welfare of the public by providing a procedure for abating public nuisances which can create traffic safety hazards, fire hazards, health hazards including those caused by rodent infestation, and other problems which may have a harmful effect upon the health, safety and welfare of the public. (Ord. 236, 5-2-1991, eff. 5-20-1991)

It is unlawful for any person to create, cause, maintain or knowingly allow to exist a public nuisance on any premises or real property which the person owns, rents, leases, occupies or has charge or possession of in unincorporated Ada County except property zoned in a rural area district as established by section 8-2-1 of this code. (Ord. 236, 5-2-1991, eff. 5-20-1991)

For the purposes of this chapter, the following definitions shall apply. Any words or phrases not defined in this chapter should be given their ordinary, commonly understood and accepted meanings.

PUBLIC NUISANCE: A condition or use of property which is harmful or injurious to, or creates a danger of harm or injury to, the health, safety or welfare of members of the public. The term "public nuisance" is further defined so as to include, by way of example:

   A.   A condition or use of premises or property which creates a fire hazard or any traffic or safety hazard to members of the public.

   B.   A condition or use of premises or property which allows the growth of weeds, grasses, bushes or other plant life to such a size (over 1 foot in height) and/or in such a condition as to cause, or reasonably threaten to cause, a fire hazard because of their dried and unkept condition, or a safety hazard because they obstruct sight at intersections or other points at which driveways, lanes or highways come together, or a health hazard because they provide nesting areas for rodents, vermin and/or insects, or the growth of weeds to such a size or in such condition as to interfere with the free and comfortable use of adjacent and neighboring premises and property.

WEEDS: Undesirable and nonuseful plant growth.

An official public disposal site, landfill or existing transfer station operated by Ada County or its franchisee shall not be a public nuisance. (Ord. 236, 5-2-1991, eff. 5-20-1991; amd. Ord. 259, 1-9-1993)

   A.   When a public nuisance is suspected within Ada County:

      1.   A written notice that a public nuisance exists shall be served upon the owner, if known, and the occupant or person in charge of the possession of the premises or property on which the nuisance is found. Such service shall be by personal service or by certified mail directed to the last known address of the owner, occupant or person in charge of possession. If written notice cannot be served personally or by mail on the owner, occupant or person in charge of the possession of the premises or property on which the nuisance is found, the notice shall be posted by being affixed to a building or other place on the premises or property so conspicuous that any person occupying, possessing or using the premises or property can be reasonably expected to see it.

      2.   The written notice referred to in subsection A1 of this section shall describe the nuisance, advise that the nuisance must be abated within fifteen (15) days from the date of the notice, advise that civil proceedings and/or criminal proceedings may be initiated if the nuisance is not abated, advise that costs of court proceedings and the nuisance abatement may be assessed against the owner, occupant or person in charge of the possession of the premises or property. (Ord. 236, 5-2-1991, eff. 5-20-1991)

   A.   If the owner, occupant or person in charge or possession of the premises or property on which the nuisance exists does not abate the nuisance within the time allowed, they may be proceeded against either civilly or criminally. The expenses of abatement and abatement proceedings (including any expenses arising from contractors hired by the county to perform said abatement and any investigatory costs) shall be charged to the owner, occupant or person in charge or possession of the premises or property upon which the nuisance exists. The prosecuting attorney may seek recovery of those expenses and costs. Said costs shall attach as a lien upon the subject property if unpaid.

   B.   A violation of any of the provisions of this chapter shall be a misdemeanor and shall be punished as provided by Idaho Code, section 18-113 as it may from time to time be amended and/or retitled.

   C.   It shall be a separate offense for each day that a nuisance is maintained, kept or allowed to exist. (Ord. 236, 5-2-1991, eff. 5-20-1991; amd. Ord. 259, 1-9-1993; amd. Ord. 603, 1-30-2006)

   A.   It shall be unlawful and shall be a misdemeanor to interfere with any Ada County sheriff's deputy, Ada County health protection officer, Ada County zoning department enforcement officer, Ada County weed control personnel, or fire district personnel in the performance of their duties connected with enforcement of this chapter. Such interference shall include, but not be limited to, removal of notices posted on the property pursuant to this chapter prior to the notices having been left in place for one hundred twenty (120) hours.

   B.   A misdemeanor violation of this section shall be punished as provided by Idaho Code, section 18-113 as it may from time to time be amended and/or retitled. (Ord. 236, 5-2-1991, eff. 5-20-1991; amd. Ord. 603, 1-30-2006)

This chapter shall be known and cited as the ADA COUNTY CLEAN AIR ORDINANCE. (Ord. 254, 11-3-1992)

The purpose of this chapter is to protect air quality resources vital to the public health, safety, and welfare of Ada County residents and the economic future of Ada County by controlling emissions from solid fuel and refuse burning. This chapter is promulgated under the authority of the Idaho constitution, article 12, section 2, and Idaho Code sections 31-714 and 31-801. (Ord. 254, 11-3-1992)

This chapter shall apply to all areas of unincorporated Ada County with the following areas specifically excluded from this chapter:

   A.   All that area of Ada County lying to the south of the Boise base line. The Boise Base Line being that line which runs from the southwest corner of section thirty-one (31), township one (1) north, range one (1) west, east to the southeast corner of section thirty-three (33), township one (1) north, range four (4) east.

   B.   That area of southwest Ada County that lies south of Amity Road and west of Cloverdale Road to the point where Cloverdale Road intersects the Boise base line.

   C.   All areas of Ada County that are at three thousand five hundred feet (3,500') above mean sea level.

A copy of a map showing the areas to be excluded from this chapter is available from the clerk of the board of Ada County commissioners. (Ord. 254, 11-3-1992)

For the purpose of this chapter, the following terms, phrases, words, and derivations all have the meanings given herein. The word "shall" is always mandatory and not merely directory.

AIR POLLUTION: The presence in the outdoor atmosphere of any contaminate or combinations thereof in such quality or of such nature and duration and under such conditions as would be injurious to human health or welfare, to plant or animal life, or to property, or to interfere unreasonably with the enjoyment of life or property.

BUILDING: Any structure, dwelling, office, industrial plant, garage or barn, whether publicly or privately owned or any other structure as defined by the building code as adopted by title 7, chapter 2 of this code.

BURN DOWN: That period of time following an air pollution alert required for the cessation of combustion within solid fuel heating appliances or any outdoor fires or burning or incineration included within this Chapter.

CLEAN BURNING APPLIANCE: A solid fuel heating appliance that has been certified as clean burning by either the Oregon Department of Environmental Quality or the United States Environmental Protection Agency and has been placed on the list of approved clean burning appliances maintained by Ada County Development Services.

ECONOMIC HARDSHIP: Fifty percent (50%) or less of Ada County's median income as established by the U.S. Department of Housing and Urban Development.

FIREPLACE: A residential solid fuel burning device with an air-to-fuel ratio of greater than thirty (30) which is a permanent structural feature of a building. A fireplace is made up of a concealed masonry or metal flue and a masonry or metal firebox enclosed in decorative masonry or other building materials. A residential solid fuel burning device which is freestanding or which is installed into an existing "fireplace" opening is not included in the definition of "fireplace".

HEAT OUTPUT: The British Thermal Unit (BTU)/hour output of a solid fuel heating appliance measured under the testing criteria as adopted by the Ada County Development Services Department.

OPEN BURNING: The combustion of any material not contained in a heating appliance or incinerator.

PARTICULATE MATTER: Any gas-borne particles resulting from incomplete combustion, consisting predominantly, but not exclusively, of carbon and other combustible matter.

PERSON: Any individual, firm, partnership, association, corporation, company, organization or governmental entity.

REFUSE: All solid waste, garbage, and rubbish, including but not limited to cardboard, plastic, rubber, styrofoam, petroleum products, food stuff, Christmas trees, yard debris, or chemically treated wood.

REFUSE INCINERATOR: Any device designed or operated to reduce the volume of refuse. Natural gas-fired pathological incinerators are excluded.

SOLE SOURCE: One or more solid fuel heating devices which constitute the only source of heat in a building for the purpose of space heating. No solid fuel heating device(s) shall be the sole source of heat if the building is equipped with a permanently installed furnace or heating system designed to heat the building that is connected or unconnected from its energy source, utilizing oil, natural gas, electricity or propane.

SOLID FUEL: Any form of untreated wood or coal.

SOLID FUEL HEATING APPLIANCE: An enclosed device designed for solid fuel combustion that meets all of the following criteria:

   A.   An air-to-fuel ratio averaging less than thirty five to one (35-to-1);

   B.   Firebox volume less than twenty (20) cubic feet;

   C.   Minimum burn rate less than five (5) kilograms per hour; and

   D.   Maximum weight of less than eight hundred (800) kilograms.

Explicitly excluded are furnaces, boilers, cook stoves, and open fireplaces.

WEIGHTED AVERAGE: The weighted average of the test results of the distribution of the heating needs in Ada County as calculated by the building department of Ada County. (Ord. 254, 11-3-1992)

   A.   The quality of Ada County's air shall be determined by monitoring pollutant levels with equipment and methods approved by the Idaho state department of environmental quality (DEQ).

   B.   In order to prevent the existence of air quality that is unhealthful, an air pollution "alert" will be declared whenever the DEQ reports an air quality index (AQI) of seventy four (74) or greater and forecasts air stagnation conditions to continue for at least twenty four (24) hours. The daily AQI may be determined by calling DEQ or visiting the DEQ web page. (Ord. 254, 11-3-1992; amd. Ord. 637, 9-26-2006)

Whenever air pollution alert conditions are met, local print, radio, and television news media will be notified. Announcements of the existence of an air pollution "alert" will be made by the news media during regularly scheduled broadcasts and in all editions of the official newspaper of Ada County. (Ord. 254, 11-3-1992)

   A.   No person shall cause or allow refuse or coal to be burned in a solid fuel heating appliance designed for wood fuel.

   B.   No person shall cause or allow a refuse incinerator to be operated contrary to the design, specifications, and manufacturer's instructions. (Ord. 254, 11-3-1992)

At the onset and during the pendency of a declared air quality "alert", the following additional restrictions apply:

   A.   No person shall cause or allow, after a three (3) hour "burn down", the operation of a solid fuel heating appliance or open fireplace, unless an exemption has been granted by Ada County development services and an exemption decal is displayed and visible from a place of public access.

   B.   No person shall cause or allow the operation of a solid waste incinerator.

   C.   No person shall cause or allow open burning of refuse or solid fuel. (Ord. 254, 11-3-1992; amd. Ord. 637, 9-26-2006)

   A.   Ada County development services shall grant exemptions from this chapter if it is determined by Ada County development services that:

      1.   A solid fuel heating appliance is the sole source of heat for the structure in which it is situated; or

      2.   Using alternative heating would cause an unreasonable economic hardship; or

      3.   The solid fuel heating appliance is listed by Ada County development services as a clean burning appliance.

   B.   Any person denied an exemption under this chapter shall be provided, at the option of the applicant for the exemption, a hearing before the building board of appeals as created at title 7, chapter 1 of this code.

   C.   Any building constructed after the effective date of this chapter shall not be eligible for an exemption under subsections A1 and A2 of this section. (Ord. 254, 11-3-1992)

   A.   It shall be unlawful for any person in the unincorporated areas of Ada County to install a solid fuel heating appliance in any new or existing building without first obtaining from Ada County development services a solid fuel heating appliance permit.

   B.   It shall be unlawful on or after July 1, 1987, for any person in unincorporated Ada County to: advertise for sale, offer to sell, or sell for installation in any new or existing building, a solid fuel heating appliance which is not a clean burning appliance. (Ord. 254, 11-3-1992)

   A.   No solid fuel heating appliance permit shall be issued by the director of Ada County development services or his designee for the installation of a solid fuel heating appliance which is not a clean burning appliance.

   B.   Ada County development services shall maintain a list of clean burning appliances. (Ord. 254, 11-3-1992)

   A.   Upon a showing of sufficient cause to believe that grounds exist for the denial of the permit, the director of Ada County development services or his designee may deny an application for a permit by sending through the regular mail to the address on the application a written notice containing the grounds for said denial and of the applicant's opportunity to appeal said denial to the building board of appeals as created at title 7, chapter 1 of this code.

   B.   Failure of a person to actually receive a notice sent shall not invalidate the denial.

   C.   The applicant, upon receiving notice of the denial, may appeal said denial by making application with Ada County development services for a hearing before the building board of appeals within ten (10) working days of receipt of the above notice. (Ord. 254, 11-3-1992)

At any hearing before the building board of appeals pursuant to this chapter, applicant may present evidence, call witnesses, and be represented by counsel. Within ten (10) working days after the date of the hearing, the building board of appeals shall after making appropriate written findings either:

   A.   Uphold the denial by the director of development services or his designee; or

   B.   Allow the issuance of the permit or exemption with modifications or conditions as the board may impose, such modifications or conditions to be reasonably related to the use of the permit or exemption. (Ord. 254, 11-3-1992)

A decision of the building board of appeals on a denial shall be final and conclusive. Appeal from a decision of the building board of appeals must be made to the district court of the state of Idaho, in and for the county of Ada. (Ord. 254, 11-3-1992)

   A.   In no event shall the standards for clean burning solid fuel heating appliances, as adopted by rule and regulation by the building department and upon approval of this chapter, allow a weighted average particulate emission greater than:

      1.   For a new clean burning solid fuel heating appliance with a minimum heat output of less than forty thousand (40,000) BTU per hour and tested pursuant to procedures approved by the building department.

         a.   Seven and five-tenths grams (7.5 g) per hour for a noncatalytic solid fuel heating appliance.

         b.   Four and one-tenth grams (4.1 g) per hour for a catalytic solid fuel heating appliance.

      2.   Clean burning solid fuel heating appliances with a minimum heat output of greater than forty thousand (40,000) BTU per hour shall not exceed an average particulate emission standard equal to the sum of eight and zero-tenths grams (8.0 g) per hour plus two-tenths gram (0.2 g) per hour for each one thousand (1,000) BTU per hour heat output.

      3.   For any other solid fuel heating appliance officially exempted by the environmental protection agency from the above requirements. (Ord. 254, 11-3-1992)

Nothing in this chapter is intended to conflict with, supersede, repeal, or affect any other regulations or requirements for the installation or inspection of solid fuel heating appliances, including, but not limited to, those regulations adopted at title 7, chapter 2 of this code. Further, nothing in this chapter is entitled to conflict with, supersede, repeal, or affect any other regulations or requirements for the burning, outdoor fires, and incineration permits including, but not limited to, those regulations adopted at section 5-2-7 of this title. (Ord. 254, 11-3-1992)

A violation of any of the provisions of this chapter or the failure or omission to perform any duty imposed by the provisions of this chapter is hereby declared unlawful and punishable as a misdemeanor as provided by Idaho Code, section 18-113 as it may from time to time be amended and/or retitled. (Ord. 254, 11-3-1992; amd. Ord. 603, 1-30-2006)

This chapter shall be known and cited as the ADA COUNTY INDIGENT DECEASED PROCEDURES. To comply with the provisions of Idaho Code section 31-3412, it is the purpose of this chapter to provide for the cremation of the bodies of the indigent deceased who were Ada County residents at the time of their death. It is the stated policy of Ada County that absent religious objection by the next of kin, cremation is the chosen method for fulfilling its statutory duty as provided by Idaho Code section 31-3412. (Ord. 599, 11-8-2005)

The bodies of those indigent dead for whom Ada County has responsibility shall be disposed of by cremation and shall only include a decedent who was both a resident of Ada County and indigent at the time of his or her death, as determined by indigent services, pursuant to a properly filed application. As used in this chapter, "cremation services" shall not be deemed to include the interment of cremated remains in a tomb, vault, crypt, or mausoleum, nor the conducting of memorial or funeral services at Ada County expense. Provided, however, that Ada County will cover the expense of burial of cremated remains in a county owned burial plot in Dry Creek cemetery or placement in a county owned crypt when there are no known family members of the deceased or the family of the deceased declines possession of the decedent's remains. (Ord. 599, 11-8-2005)

If any surviving family members of an indigent decedent so desires, cremated remains shall be deposited in an urn or other suitable container and custody thereof given to that family member. If multiple family members wish to retain the remains, they shall receive preference in the following order: spouse, child(ren), parent(s), grandchild(ren), and sibling(s). If an indigent decedent has no known surviving family, or if known family members decline custody of cremated remains, such remains shall be buried in a county owned burial plot in the Dry Creek cemetery or placed in a county owned crypt in accordance with accepted industry standards within this community and at no additional cost to the county. (Ord. 599, 11-8-2005)

In the event that a surviving spouse, child(ren), parent(s), grandchild(ren) of an indigent decedent (entitled to priority) objects to disposition by cremation on religious grounds before the indigent decedent is cremated, or if cremation authorization is not received from the county coroner, the county may supply burial costs, in an amount no greater than the cost the county applies toward cremation. This amount shall be paid directly to the burial service provider, shall not exceed the amount provided for cremations and shall only be provided for services performed in accordance with state law and pursuant to local industry standards. The county shall have no further responsibility for supplying casket, vault, crypt, mausoleum, or funeral or burial services for the decedent. If no objection is made pursuant to this section, or if an indigent decedent has no known surviving family, said indigent decedent shall be disposed of by cremation. (Ord. 599, 11-8-2005)

Upon approval of a properly filed application and upon presentation of a death certificate, Ada County indigent services will authorize a maximum expenditure as set by resolution for cremation, or if there is an objection to cremation from a family member entitled to priority on religious grounds, this same maximum will be applied toward burial expenses. Any available resources of the decedent must be used for cremation or burial costs prior to authorizing expenditure of county funds. (Ord. 599, 11-8-2005)

Ada County is not financially responsible for the burial or cremation of a deceased person who at the time of their death was not an indigent resident of Ada County or in the custody of the state of Idaho department of corrections, federal government or any of its agencies, either in Ada County or elsewhere. (Ord. 599, 11-8-2005)

Ada County will not pay any additional expenditures for the transporting of a decedent or the remains to or from Ada County for any purpose. (Ord. 599, 11-8-2005)

The next of kin, if any, shall make the selection of a business establishment licensed in this state to provide cremation services; otherwise if there appears to be no next of kin, selection shall be made by the county coroner. Ada County will only make payment for cremation services to an establishment licensed in this state to perform such services. (Ord. 599, 11-8-2005)

Ada County will not pay to exhume a deceased body buried as an indigent. (Ord. 599, 11-8-2005)

Ada County currently provides a plot at the Dry Creek cemetery for burial of the cremated remains, but relatives may keep or dispose of the remains in a manner acceptable to them. Four (4) cremated remains will be buried in one standard plot. Alternatively, the county may purchase a crypt, and in such case, cremated remains will be kept in the custody of the coroner until placement in said crypt. (Ord. 599, 11-8-2005)

This chapter shall take place from and after its passage, approval and publication. (Ord. 599, 11-8-2005)

   A.   Amateur Radio Antennas And Supporting Towers: It is the intent of this provision to allow amateur radio antennas in the unincorporated area of Ada County providing there is no overriding negative impact on the health, safety, and allowable concerns of surrounding residents and property. On allowed antennas, the county must impose the minimal practicable regulations, balancing between the community's interests and accommodation of amateur radio communications.

The following conditions shall apply:

      1.   Zoning Districts Permitted: All zoning districts except for M-4 and M-5 which require conditional use permits for any amateur radio antenna placement.

      2.   Antenna Applications: All applications for amateur radio antennas shall be accompanied by written approval from, if applicable, the federal aviation administration, the chief of the Idaho bureau of aeronautics, and the Boise airport commission. Said proposed antenna shall be in conformance with the provisions of title 8, chapter 3, article A of this code.

      3.   Installation Applications: Applications for the installation of amateur radio antennas and supporting towers shall be accompanied by written plans and specifications including all design and structural information required by Ada County building code. The building division staff shall review said plans to determine if such structure and design is consistent with health and safety interests, antenna placement, and allowable concerns of the surrounding residents, property, and community.

      4.   Other Considerations: Among factors that must be considered are applicable Ada County ordinances, federal communications commission decisions and regulations regarding amateur radio antennas, placement, and allowable community concerns. (Ord. 301, 3-20-1996)

This chapter shall be known and cited as the ADA COUNTY NOISE ORDINANCE. (Ord. 331, 6-3-1997)

This chapter is enacted pursuant to authority conferred by article 12, section 2, Idaho Constitution, and sections 31-714, 31-801, Idaho Code. Its purpose is to provide for and further the safety, health, peace, good order, comfort and convenience of the inhabitants of Ada County by providing a procedure for abating loud or offensive noises within the County between the hours of ten o'clock (10:00) P.M. and seven o'clock (7:00) A.M. (Ord. 331, 6-3-1997)

   A.   Between the hours of ten o'clock (10:00) P.M. one day and seven o'clock (7:00) A.M. the next day, it shall be unlawful for any person or business to make, cause, or allow loud or unusual noise by means of voice, musical instrument, horn, radio, loudspeaker, automobile, machinery, other sound amplifying equipment, domesticated animals, or any other means which disturbs the peace, quiet, and comfort of any reasonable person of normal sensitiveness residing in the area. Loud or unusual noise is that which is plainly audible within any residence or business, other than the source of the sound, or upon a public right- of-way or street at a distance of one hundred feet (100') or more from the source of said sound.

   B.   Due to extreme heat during the summer months of June, July and August construction noise may begin at six o'clock (6:00) A.M.

   C.   Due to extreme heat during the summer months of June, July and August landscape maintenance noise may begin at six o'clock (6:00) A.M. (Ord. 331, 6-3-1997; amd. Ord. 710, 9-2-2008; amd. Ord. 753, 6-21-2010; amd. Ord. 922, 6-22-2021)

   A.   Exemptions: This chapter shall not apply to emergency vehicles, while acting in response to an emergency; locomotive or other railway equipment; airplanes and other FAA regulated aircraft; nor public displays of fireworks authorized and approved under chapter 26, title 39, Idaho Code. The Board may grant other exemptions to the ordinance after approval of a resolution that includes a rationale explaining why the exemption is warranted. An exemption to the ordinance shall consider factors, including but not limited to:

      1.   The historical timeframe of the activity(s);

      2.   The surrounding land use when the activity(s) began;

      3.   The number of people served by the activity(s);

      4.   The benefit of the activity(s) to the community;

      5.   The adverse impact on the existing activity(s) to comply with ordinance;

      6.   The time of day the activity(s) begins;

      7.   The duration of the activity(s), i.e. seasonal or continuous; and

      8.   Whether reasonable alternative locations exist to host the activity(s).

   B.   Temporary Waivers: A person or entity may apply to the Board of Ada County Commissioners for a temporary waiver from the provisions of this chapter. Such application shall be submitted to the Board of Ada County Commissioners at least thirty (30) days in advance of the date of the activity or event seeking the waiver. As part of the application, the applicant shall notify property owners within three hundred feet (300') of the external boundaries of the lot or parcel on which the event or activity will be conducted of the event or activity. (Ord. 331, 6-3-1997; amd. Ord. 332, 6-26-1997; amd. Ord. 871, 8-22-2017; amd. Ord. 872, 9-12-2017; amd. Ord. 922, 6-22-2021)

Any person violating any provision of this chapter shall be deemed guilty of a misdemeanor and, upon conviction thereof, shall be punishable as provided in section 18-113, Idaho Code as it may from time to time be amended and/or retitled. (Ord. 331, 6-3-1997; amd. Ord. 603, 1-30-2006)

This chapter shall be known as the ADA COUNTY MOSQUITO AND VERMIN ABATEMENT ORDINANCE. (Ord. 770, 3-1-2011)

This chapter is enacted pursuant to title 39, chapter 28, Idaho Code, as may be amended or retitled from time to time, and is intended to provide for the operation of the Ada County mosquito abatement district. (Ord. 770, 3-1-2011)

ADA COUNTY MOSQUITO ABATEMENT DISTRICT: Also known as the southwest Ada County mosquito abatement district, formerly known as the southwest Ada County mosquito abatement district and as the Three Mile Creek mosquito abatement district.

ADA COUNTY WEED, PEST AND MOSQUITO ABATEMENT ADVISORY COMMITTEE: Formerly, the Ada County weed and pest advisory committee and the southwest Ada County mosquito abatement district board of trustees.

ADA COUNTY WEED, PEST AND MOSQUITO ABATEMENT DIRECTOR: The current director of Ada County weed, pest and mosquito abatement.

BOARD OF COUNTY COMMISSIONERS: The current officials serving as the Ada County board of commissioners. (Ord. 770, 3-1-2011)

The southwest Ada County mosquito abatement district, through its board of trustees, having sought operation of the southwest Ada County mosquito abatement district, pursuant to title 39, chapter 28, Idaho Code, by the board of county commissioners, and the board of county commissioners, having accepted the operation of the southwest Ada County mosquito abatement district, by adopting Ada County resolution 1577, dated October 14, 2008, by adoption of this chapter, shall accept and exercise the powers and duties otherwise charged to the southwest Ada County mosquito abatement district board of trustees. (Ord. 770, 3-1-2011)

The board of county commissioners is authorized to exercise the following powers and duties and responsibilities in the operation of the Ada County mosquito abatement district, pursuant to Idaho Code section 39-2804, as may be amended or retitled from time to time:

   A.   To appoint an Ada County weed, pest and mosquito abatement director to direct the activities of the Ada County mosquito abatement district, in accordance with the training and experience necessary to fulfill the duties of the position.

   B.   To appoint such other persons as necessary, determine their duties and compensation, and make rules and regulations respecting them.

   C.   To take all necessary and proper steps for the control of mosquitoes and other vermin of public health and welfare importance in the district and for these purposes shall have the right to enter upon any and all lands.

   D.   To sue and be sued.

   E.   To contract to purchase, hold, dispose of, and acquire by gift real and personal property of the Ada County mosquito abatement district. To exercise the right of eminent domain and for these purposes to condemn any necessary land or rights of way in accordance with general law.

   F.   To abate as nuisance, breeding places of mosquitoes or other vermin of public health and welfare importance within the Ada County mosquito abatement district or within migrating distance of the Ada County mosquito abatement district by use of chemicals or permanent control measures and in this connection have the right to enter upon any and all lands.

   G.   To work with the lateral ditch water users associations, irrigation, drainage and flood control districts and other cooperating organizations. The board of county commissioners may supplement funds of cooperating organizations for improvement, repair, maintenance and cleaning of ditches which will temporarily or permanently eliminate mosquito breeding or for other activities which will benefit the Ada County mosquito abatement district.

   H.   To submit questions of annexation of contiguous territories to the legal voters of the Ada County mosquito abatement district, in accordance with Idaho Code section 39-2806, as it may be amended or retitled from time to time.

   I.   To receive for its approval an estimate of funds required for the next year, a plan of the work to be done, and methods to be employed. No procedure, work or contract for any year of operation shall be done or entered upon until plans and budget have been approved by the board of county commissioners.

   J.   To receive, by February 1 of the succeeding year, a report setting forth the monies expended during the previous year, methods employed, and work accomplishments.

   K.   To approve a written mosquito/vermin management plan submitted by a landowner requesting that their property be excluded from treatment by the Ada County mosquito abatement district. Such plan must be specific to the landowner's property, provide adequate control measures, and be implemented by the landowner. The board of county commissioners shall refrain from treatment of property included in the approved plan, but shall maintain monitoring and surveillance activities. If the landowner fails to follow the plan or does not provide adequate control measures, the board of county commissioners may abate the mosquitoes or other vermin.

   L.   To cooperate with other entities. At its discretion, the board of county commissioners may cooperate with and enter into annual agreements or contract with governmental agencies of this state, other states, agencies of the federal government, private associations, and private individuals in order to carry out the purposes and provisions of title 39, chapter 28, Idaho Code, as may be amended or retitled from time to time.

   M.   To make appointments to the Ada County weed, pest and mosquito abatement advisory committee, as needed. (Ord. 770, 3-1-2011)

The Ada County weed, pest and mosquito abatement advisory committee shall serve in an advisory capacity to the Ada County weed, pest and mosquito abatement director and the board of county commissioners. (Ord. 770, 3-1-2011)

   A.   To meet monthly with the Ada County weed, pest and mosquito abatement director.

   B.   To assist in developing strategic long term goals and policies for the abatement of noxious weeds, pests, mosquitoes or other vermin in Ada County.

   C.   To counsel the Ada County weed, pest and mosquito abatement director and the board of county commissioners, as needed, in areas of technology, research, planning and prioritization of projects related to mosquito and vermin, noxious weed and pest abatement in Ada County.

   D.   To engage in other activities or studies in furtherance of public education and public outreach, at the direction of the Ada County weed, pest and mosquito abatement director or the board of county commissioners. (Ord. 770, 3-1-2011)

The Ada County weed, pest and mosquito abatement advisory committee shall consist of seven (7) members, to be appointed by the board of county commissioners and shall serve at the pleasure of the board of county commissioners for a term of four (4) years. Ex officio members may also be called upon for advice or assistance, in accordance with title 39, chapter 28, Idaho Code, as may be amended or retitled from time to time. Members of the Ada County weed, pest and mosquito abatement advisory committee may be reappointed to serve for additional terms of office after the expiration of the current term of office. Members of the Ada County weed, pest and mosquito abatement advisory committee shall not receive compensation but will be reimbursed for necessary expenses incurred in the performance of their official duties. (Ord. 770, 3-1-2011)

The following words and phrases used in this chapter shall have the following meanings unless a different meaning clearly appears from the context: