That certain document, three (3) copies of which are on file at the office of the county clerk, being marked and identified as the Idaho motor vehicle laws, and published annually by the authority of the Idaho department of transportation, Boise, Idaho, be and the same is hereby adopted as the motor vehicle laws of the county, for the regulation of motor vehicles and motor vehicle traffic outside the municipal boundaries of the various incorporated cities within Ada County, and said Idaho motor vehicle laws, and any subsequent amendments enacted into law by the Idaho legislature, contained in said document, or its subsequent editions, are hereby adopted and made a part hereof, as if set forth in full. (Ord. 131, 9-21-1983)

   A.   Form Of Citations: When citations are issued for violations of this section, a reference to the corresponding Idaho motor vehicle law shall be made on the citation in the following manner:

      .114 A violation of I.C. §49-114, Display of Plates and Tags, shall be cited as a violation of this section of the Ada County code.

      .116 A violation of I.C. §49-116, Registration to be Renewed, shall be cited as a violation of this section of the Ada County code.

      .233 A violation of I.C. §49-233, Required Motor Vehicle Insurance, shall be cited as a violation of this section of the Ada County code.

      .245 A violation of I.C. §49-245, Certificate or Proof of Liability Insurance to be Carried in Motor Vehicle, shall be cited as a violation of this section of the Ada County code.

      .307 A violation of I.C. §49-307, Operators and Chauffeurs Must be Licensed, shall be cited as a violation of this section of the Ada County code.

      .320 A violation of I.C. §49-320, Restricted Licenses, shall be cited as a violation of this section of the Ada County code.

      .612 A violation of I.C. §49-612, Traffic Control Signal Legend, shall be cited as a violation of this section of the Ada County code.

      .626 A violation of I.C. §49-626, Further Limitations on Driving Left of Center of Roadway, shall be cited as a violation of this section of the Ada County code.

      .627 A violation of I.C. §49-627, No Passing Zones, shall be cited as a violation of this section of the Ada County code.

      .630 A violation of I.C. §49-630, Following Too Closely, shall be cited as a violation of this section of the Ada County code.

      .642 A violation of I.C. §49-642, Vehicle Turning Left, shall be cited as a violation of this section of the Ada County code.

      .643 A violation of I.C. §49-643, Stop Signs and Yield Signs, shall be cited as a violation of this section of the Ada County code.

      .644 A violation of I.C. §49-644, Vehicle Entering Roadway, shall be cited as a violation of this section of the Ada County code.

      .661 A violation of I.C. §49-661, Required Position and Method of Turning, shall be cited as a violation of this section of the Ada County code.

      .681 A violation of I.C. §49-681, Basic Rule and Maximum Speed Limits, shall be cited as a violation of this section of the Ada County code.

      .693 A violation of I.C. §49-693, Stopping, Standing or Parking Prohibited in Specific Places, shall be cited as a violation of this section of the Ada County code.

      .702 A violation of I.C. §49-702, Limitations on Backing, shall be cited as a violation of this section of the Ada County code.

      .711 A violation of I.C. §49-711, Putting Glass, Etc. on Highway Prohibited, shall be cited as a violation of this section of the Ada County code.

      .801A A violation of I.C. §49-801A, Slow Moving Vehicles - Definition, Restriction, Equipment - Emblems on Certain Machinery, shall be cited as a violation of this section of the Ada County code.

      .801B A violation of I.C. §49-801B, Fertilizer Trailers - Defined as Implements of Husbandry - Operational Restrictions, shall be cited as a violation of this section of the Ada County code.

      .801C A violation of I.C. §49-801C, Scope and Effect of Regulations, shall be cited as a violation of this section of the Ada County code.

      .837 A violation of I.C. §49-837, Windshields Must be Unobstructed and Equipped with Wipers, shall be cited as a violation of this section of the Ada County code.

      .837A A violation of I.C. §49-837A, Prohibiting use of Certain Applications on Windshields, Certain Windows or Headlamps in Motor Vehicles - Exterior Mirrors - Sales Prohibited - Penalty, shall be cited as a violation of this section of the Ada County code.

      .1002 A violation of I.C. §49-1002, Accidents Involving Damage to Vehicle, shall be cited as a violation of this section of the Ada County code.

      .1004 A violation of I.C. §49-1004, Duty Upon Striking Unattended Vehicle, shall be cited as a violation of this section of the Ada County code.

      .1006 A violation of I.C. §49-1006, Immediate Notice of Accidents, shall be cited as a violation of this section of the Ada County code.

      .1103 A violation of I.C. §49-1103, Reckless Driving, shall be cited as a violation of this section of the Ada County code.

      .1132 A violation of I.C. §49-1132, Overtaking and Passing School Bus, shall be cited as a violation of this section of the Ada County code.

      .2703 A violation of I.C. §49-2703, Requirements - Registration - Procedure, shall be cited as a violation of this section of the Ada County code. (Ord. 167, 3-12-1987)

   A.   Short Title And Purpose: This section shall be known as and cited as the ADA COUNTY VEHICLE LICENSE FEE ORDINANCE enacted to provide funds sufficient to pay the expense incurred by Ada County in its exercise of duties relating to vehicle licensure and issuance of a motor vehicle title.

   B.   Definitions: All words and phrases not specifically defined in this chapter will be given their ordinary, commonly understood and accepted meanings.

   C.   Administrative Fees: Pursuant to section 31-870, Idaho Code, an administrative fee for vehicle licensure or for issuance of a motor vehicle title, or both, shall be collected in addition to each motor vehicle registration tax or fee collected under the provisions of sections 49-402 and 49-434, Idaho Code. In addition, the county shall collect postage and a handling fee whenever mail out registration services are performed by the Ada County assessor's office, motor vehicle department. Postage shall be charged at the rate set by the U.S. postal service. Administrative and handling fees are to be set by resolution of the board of county commissioners, and shall be enacted when duly voted upon by the board of county commissioners. These fees shall be paid to the county treasurer and be placed in the county's current expense fund.

   D.   Code Priority: Requirements specifically addressed by more than one code will be in accordance with the most restrictive code adopted herein. (Ord. 119, 9-21-1981; amd. Ord. 119-2-84, 12-12-1984; amd. Ord. 190, 7-7-1988; amd. Ord. 281, 11-3-1994; amd. Ord. 513, 8-5-2003; amd. Ord. 611, 3-14-2006; amd. Ord. 956, - -2023, eff. 7-1-2023)

Repealed by Ord. 953, 6-5-2023.

   A.   Use Of Air Compression Brakes Prohibited: The use of air compression brakes (also known as "jake brakes") by vehicles or trucks, as defined in Idaho Code title 49, chapter 1, within unincorporated Ada County is hereby prohibited and shall be unlawful, except under emergency circumstances where the use of air compression brakes is necessary to prevent an accident or injury to persons or property.

   B.   Penalties: Any person who violates any provision of this section shall be deemed guilty of an infraction and upon judgment thereof shall be subject to the penalty set forth in Idaho infraction rule 9(b) (other infractions). Failure to satisfy judgment as ordered by the court pursuant to this section shall be deemed contempt of court punishable as a misdemeanor pursuant to Idaho Code section 18-1801. (Ord. 349, 11-18-1997)

This chapter shall be known as the ADA COUNTY MOTORBOAT CONTROL ORDINANCE. The purpose of this chapter is:

   A.   To provide for the health and safety of the people of Ada County;

   B.   To provide for the safe use of motorboats within Ada County; and

   C.   To prevent and provide punishment for the unauthorized use of, or tampering with motorboats. (Ord. 101, 10-29-1980)

MOTORBOAT: Any vessel propelled by machinery whether or not such machinery is the principal source of propulsion.

OPERATE: To navigate or drive, or otherwise use a motorboat or vessel.

VESSEL: Every description of watercraft, other than a seaplane on the water, used or capable of being used as a means of transportation on water. (Ord. 101, 10-29-1980)

   A.   Any person who shall operate a vessel or motorboat, not his own, without the consent of the owner thereof and with intent to temporarily deprive said owner of his possession of such vessel or motorboat, shall be guilty of a misdemeanor. The consent of the owner of a vessel or motorboat to its taking or driving shall not in any case be presumed or implied because of such owner's consent on a previous occasion to the taking or driving of such vessel or motorboat by the same or a different person. Any person who knowingly assists in, or is a party or accessory to or an accomplice in any such unauthorized taking or operating shall also be guilty of a misdemeanor.

   B.   Any person who shall individually or in association with one or more others wilfully break, injure, tamper with or remove any part or parts of any vessel or motorboat for the purpose of injuring, defacing or destroying such vessel or motorboat, or temporarily or permanently preventing its useful operation, or for any purpose against the will or without the consent of the owner of such vessel or motorboat or who shall in any other manner wilfully or maliciously interfere with or prevent the running or operation of such vessel or motorboat shall be guilty of a misdemeanor.

   C.   Any person who shall, without the consent of the owner or person in charge of a vessel or motorboat, climb into or upon such vessel or motorboat with the intent to commit any crime, malicious mischief or injury thereto, or who, while a vessel or motorboat is at rest and unattended, shall attempt to manipulate any of the levers, starting crank, other starting device or other mechanism thereof, or to set said vessel or motorboat in motion, shall be guilty of a misdemeanor. (Ord. 101, 10-29-1980)

It shall be unlawful for any person to park any vehicle, trailer or carrier wholly or partially upon any ramp or accessway provided for loading and unloading of boats, persons or property in conjunction with public use of any navigable waterways in Ada County, or otherwise to obstruct such ramp or way by any means, except during the reasonable time necessary for such loading or unloading operation to be completed. (Ord. 101, 10-29-1980)

   A.   Any boat used for pulling waterskiers or similar sporting activity in which persons or objects are in or on the water, shall be equipped with a red flag which is clearly visible from all sides at a distance of five hundred feet (500').

   B.   Whenever any waterskier or participant of a similar activity is down in the water, and the boat is stopped to wait for or attend the person that is down, the red flag required by subsection A of this section shall be displayed as a warning to other boaters. As long as any person or object is in the water, the flag shall remain displayed to prevent danger to that person and hazards to passing boats.

   C.   A red flag shall be displayed from a motorboat only under the conditions set forth in subsection B of this section or when any other danger exists. The display of a red flag from a motorboat under any other circumstances shall be a misdemeanor. (Ord. 101, 10-29-1980)

   A.   All motorboats shall be equipped with an efficient muffler, underwater exhaust or other modern devices capable of adequately muffling the sound of the exhaust of the engine.

   B.   The creation of a disturbance through loud, disturbing or unnecessary noise by a motorboat, whether or not it is equipped with a muffling device, is prohibited. The operator of a motorboat creating such a disturbance shall be guilty of a misdemeanor. (Ord. 101, 10-29-1980)

   A.   It shall be the duty of the Ada County sheriff, or any deputy sheriff, to leave notice at or on any vehicle or other property parked in violation of section 6-2-4 of this chapter. This notice shall bear the date and hour of leaving the same at or upon the vehicle. The notice shall instruct the owner or operator of the vehicle or property to report to the magistrate's division of the district court in regard to such violation. It shall be the duty of such sheriff or deputy sheriff to leave at or upon such vehicle a separate notice for each hour thereafter that such vehicle and/or property remains parked in violation of this chapter. In the event such owner or operator fails to report to the magistrate's division at the time provided in said notice, a warrant for the arrest of said person will be issued. In addition to the penalty assessed by the court for violation of this chapter, the enforcing officer shall be authorized to tow away or otherwise remove the vehicle or property. The owner or operator of any vehicle or other property shall be liable for any expense incurred by the county involving said vehicle to be towed away or otherwise removed. The owner or operator of any vehicle or property shall be liable for any and all other reasonable expenses for storage charged by the company removing said vehicle and causing said vehicle to be stored.

   B.   Every person convicted of a 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, except for violation of section 6-2-4 of this chapter shall be punished by a fine of twenty five dollars ($25.00). (Ord. 101, 10-29-1980; amd. Ord. 603, 1-30-2006)

This chapter shall be known and cited as the ADA COUNTY OFF ROAD VEHICLES ORDINANCE. The purpose of this chapter is to regulate the use of off road vehicles and to prohibit their operation on private land without permission of the owner of the land. (Ord. 102, 10-29-1980)

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

BUSINESS INVITEE: Any individual who, during the course of his business, is required to enter upon the property of another with the implied consent of the owner of the property.

DRIVEWAY: A path (paved or unpaved) leading from a garage or house to a street used especially by automobiles.

ELECTRONIC POWER-ASSISTED BICYCLE (E-BIKE): A vehicle having two (2) tandem wheels or two (2) parallel wheels and one forward wheel, any two (2) of which are not less than twelve inches (12") in diameter, that is designed to be operated by human power with the assistance of an electronic motor that has a power output of no more than seven hundred fifty (750) watts that: a) is incapable of propelling the vehicle at a speed of more than twenty (20) miles per hour; and b) disengages or ceases to function when the vehicle's brakes are applied. An E-bike is not a vehicle for purposes of this chapter.

ESTABLISHED OFF ROAD MOTOR VEHICLE RESERVATION TRAIL: Any area set aside as a public recreation site with specific use in areas permitted for off road motor vehicles by any local, State or Federal governmental agency, or any private property formally designated by the Board of County Commissioners through appropriate zoning approvals for off road motor vehicle use.

INVITEE: Any individual entering upon the property of another with the implied consent of the owner of the property.

MOTOR VEHICLE: Every self-propelled device in which any person or property is or may be transported, either on or off the public roadway, except those vehicles which are designed and used primarily as farm implements for drawing plows, mowing machines, or other implements of husbandry or heavy equipment employed for logging, grading or developing public or private lands. Motor vehicles, for the purposes of this chapter, shall include, but are not limited to, any motorcycle, motorized tricycle, four-wheel drive automobile or truck, any multiwheeled all-terrain vehicle, and conventional passenger automobiles or trucks. E-bikes are not motor vehicles for the purposes of this chapter.

OWNER: The titled owner of record as established in the Offices of the Ada County Recorder, or the contract purchaser, lessee or renter of such property. (Ord. 102, 10-29-1980; amd. Ord. 882, 4-17-2018)

   A.   The riding, operating or driving of a motor vehicle shall be done in a lawful manner with required equipment and licensing upon a public highway. Unlicensed motor vehicles or motor vehicles without required equipment as well as properly licensed and registered vehicles are restricted to established off road motor vehicle reservation trails or private property pursuant to this chapter.

   B.   It shall be unlawful and a misdemeanor for any person to ride, operate or drive any motor vehicle or E-bike on privately owned property within Ada County including any private unpaved road except for: 1) the owners of such property, or 2) those who have on their persons at the time of riding, operating or driving said motor vehicle, written permission from the owner of such private property. (Ord. 102, 10-29-1980; amd. Ord. 188, 3-31-1988; amd. Ord. 882, 4-17-2018)

This chapter is not meant to affect in any way the right of a business invitee to enter upon the land of another in pursuit of his business, nor to affect the right of an invitee to approach any private residence by way of a driveway when said invitee approaches a house with implied consent of the owner. (Ord. 102, 10-29-1980)

Violation of this chapter shall be punishable as provided by Idaho Code, section 18-113 as it may from time to time be amended and/or retitled. (Ord. 102, 10-29-1980; amd. Ord. 603, 1-30-2006)

As used in this chapter, the following terms will have the following meanings:

ACCIDENT: Any occurrence in Ada County which results in a wrecked or disabled vehicle, and which results in either the injury or death of any person, or damage to property of any one person in excess of seven hundred fifty dollars ($750.00), or both.

ADA COUNTY: That area which is within the jurisdiction of the board of Ada County commissioners.

BUSINESS DAY: Monday through Friday excluding holidays declared by the board of Ada County commissioners.

DISABLED VEHICLE: A vehicle which has been abandoned or rendered unsafe to be driven as the result of some occurrence other than an accident including, but not limited to: a) mechanical failures or breakdowns; b) fire; c) vandalism; d) a vehicle which is in a safe driving condition, but the owner is not present, able or permitted to drive; or e) any other occurrence which reasonably necessitates removal of the vehicle by a tow truck.

DISPATCH: The person or persons in the Ada County sheriff's office assigned by the sheriff to route law enforcement agency calls for tow truck service by the use of tow truck rotation list.

EMERGENCY TOW COMPANY: A person to whom a law enforcement towing license has been issued.

IMPOUND OFFICER: The employee designated by the Ada County sheriff to handle law enforcement towing duties.

LAW ENFORCEMENT TOW: Provision of a tow truck to the owner of a wrecked or disabled vehicle by dispatch when a law enforcement agency has become involved.

LICENSEE: A person licensed to engage in law enforcement towing as called to do so from time to time by dispatch.

OWNER: A person who holds legal title to a vehicle, or who has legal right of possession of a vehicle, or legal right of control of a vehicle.

PERSON: An individual, assumed name entity, proprietorship, partnership, joint venture, association, corporation, or other legal entity.

TOW TRUCK: A vehicle designed to be used primarily for removing wrecked or disabled vehicles from any street.

TOW TRUCK ROTATION LIST: A list of qualified licensed tow companies maintained by dispatch and which is used to determine the priority of the tow truck to be dispatched to the scene of a law enforcement tow.

WRECKED VEHICLE: A vehicle that has been damaged as the result of overturning or colliding with another vehicle or object so as to reasonably necessitate that the vehicle be removed by a tow truck. (Ord. 453, 5-21-2002)

No person may knowingly drive a tow truck, licensed or unlicensed, to the scene of any accident in Ada County unless the tow truck has been called to the scene by dispatch. (Ord. 453, 5-21-2002)

No person may solicit in any manner, directly or indirectly, at the scene of a law enforcement tow in Ada County, the business of towing, removing, repairing, wrecking, storing, trading, or purchasing a vehicle. (Ord. 453, 5-21-2002)

A tow truck shall not knowingly respond to a private request for towing service within the County when an accident is involved. A tow truck may respond to a private request for towing service to a disabled vehicle not involved in an accident, or to a private request for other towing services not requiring the involvement of a law enforcement agency; provided, however, if, upon arrival on the scene, a licensee discovers an accident is involved, the licensee shall immediately notify dispatch. (Ord. 453, 5-21-2002)

Emergency tow companies are prohibited from soliciting or accepting any remuneration or consideration of any type from any repair shop, garage or other repair facility given for the purpose of influencing such emergency tow company's decision as to where a disabled or wrecked vehicle should be taken for repair. It shall be a rebuttable presumption that any such remuneration or consideration was given for the purpose of influencing said decision. (Ord. 453, 5-21-2002)

If a law enforcement officer determines a tow truck is needed at the scene of a law enforcement tow for a wrecked or disabled vehicle, dispatch shall call either the towing service, whether licensed or unlicensed, indicated to the law enforcement officer by the express preference of the owner, or, if the owner does not of his or her own initiative expressly request a particular towing service, the next available emergency tow company on the tow truck rotation list. Dispatch shall indicate to the emergency tow company the color, year, make, body and general condition of the vehicle to be towed. Based on the information provided, the tow company shall provide all necessary towing equipment. (Ord. 453, 5-21-2002)

   A.   Tow truck companies licensed to perform law enforcement towing are responsible for wrecked and disabled vehicles and the contents therein, from the time of on-scene pickup until the vehicle is removed from licensee's premises or is otherwise released from licensee's custody and control. Any damage or loss to said vehicle or contents while in the custody and control of licensee is the sole responsibility of licensee, and Ada County assumes no liability for any such loss or damage.

   B.   A licensee, when operating under a license granted by Ada County or the Ada County Sheriff's Office shall not engage in any unfair method of competition, unconscionable acts or practices, or illegal acts or practices in the conduct of towing services; and licensee will conduct its towing and/or storage services in such a way that its actions will not reflect unfavorably on Ada County or the Ada County Sheriff's Office. (Ord. 453, 5-21-2002; amd. Ord. 868, 6-13-2017)

   A.   No person may provide law enforcement towing inside the County without first obtaining a law enforcement towing license. The license issued to an emergency tow company authorizes the licensee and all its bona fide employees to engage in dispatched law enforcement towing from the tow truck rotation list. Only one license may be issued to each emergency tow company owner, and a tow company owner can have no more than one tow company on the tow truck rotation list at any point in time. Licensed tow companies may not subcontract with other towing agencies, licensed or unlicensed, for the provision of law enforcement towing services. Applications for law enforcement towing licenses may be obtained at the Ada County Sheriff's Office beginning on May 1 of each year, and all completed applications must be received by the Ada County Sheriff no later than May 31 of each year. Applications which have not been completed will not be accepted. Tow service inspections for the upcoming licensing year shall be conducted by the Ada County Sheriff's Office during June of each year. All such licenses shall expire on June 30 of the following calendar year.

   B.   Licensees shall maintain a permanent and established place of business within Ada County, and shall promptly notify the Ada County Sheriff of any change of address. (Ord. 453, 5-21-2002; amd. Ord. 896, 5-21-2019)

   A.   Contents Of Application: A person desiring to obtain an Ada County law enforcement towing license shall lodge with the Ada County Sheriff a written application upon a form provided for that purpose, which must be signed by the applicant or his authorized agent. The following information shall be required in the application:

      1.   Owner name, address to which all official correspondence may be sent, telephone number and signature.

      2.   Company name, address and telephone number.

      3.   Number and types of tow trucks to be operated.

      4.   A statement as to whether or not the applicant wishes to participate in the tow truck rotation list.

      5.   A copy of the applicant's public liability insurance policy.

      6.   A description of the applicant's impound yard and its location.

   B.   Inspections: Upon the lodging of the application, the Impound Officer shall direct the applicant to appear for an inspection of the tow truck(s) at a time and place to be determined by the Impound Officer. The Impound Officer shall conduct an inspection of the tow truck(s) and the business premises of the applicant, as necessary, to determine if each tow truck and emergency tow company complies with this chapter.

   C.   Action On Application: The Impound Officer may, at any time, in his or her discretion, require additional information from an applicant to clarify items on the application. Failure to cooperate with the Impound Officer's request for additional information may result in the denial of a license. Upon completion of the processing of the application, the Impound Officer shall forward the application and the Impound Officer's recommendation to the Sheriff for action thereon.

   D.   Issuance: The Sheriff shall, within thirty (30) days of receipt of an application for a law enforcement towing license, either approve or deny said application. The Sheriff shall issue a law enforcement towing license if the Sheriff finds that the emergency tow company meets the requirements of this chapter. The Sheriff shall refuse to issue or reissue a license if the Sheriff finds that the emergency tow company does not meet the requirements of this chapter. Upon issuance of a license, the tow company owner shall be provided inspection stickers for each vehicle which passes the required inspection. Annual inspection stickers must be displayed on the driver's side windshield of each licensed tow truck. If at any time during the license year, an emergency tow company violates the requirements of this chapter, the license may be suspended or revoked in accordance with this chapter. (Ord. 453, 5-21-2002)

   A.   Inspections: Any Ada County Sheriff's Deputy or the Impound Officer is authorized to conduct random equipment and safety inspections of any tow truck company licensed to conduct law enforcement tows.

   B.   Authorization: The Ada County Sheriff or his/her designee is authorized to deny, suspend or revoke any license to engage in law enforcement towing; tow truck operators and/or owners are subject to denial, suspension or revocation when it appears that a licensee or operator/owner has violated the provisions and/or the intent of this chapter as follows:

      1.   Violations And Temporary Suspensions: A violation of subsections B1a through B1n of this section shall cause the impound officer to issue an immediate temporary suspension from the tow truck rotation list for a period not to exceed thirty (30) days. A second violation of subsections B1a through B1n of this section within one hundred eighty (180) days of the previous suspension shall cause the impound officer to make a recommendation to the Sheriff or his/her designee for a license revocation or suspension of more than thirty (30) days of licensee's law enforcement tow license:

         a.   Failure to notify dispatch that tow company's on-scene arrival time will exceed thirty (30) minutes.

         b.   Failure to have the required equipment for each operating tow truck and to have such equipment in good operating condition.

         c.   Use of magnetic stripping/signage on tow trucks.

         d.   Charging tow customers in excess of the tow rates established by the Ada County Board of Commissioners for law enforcement tows.

         e.   Subcontracting law enforcement tows through other tow companies, licensed or unlicensed.

         f.   Failure to respond to a dispatch request for a law enforcement tow more than two (2) times in any calendar month.

         g.   Driving a tow truck to the scene of an accident without having been requested to the scene by dispatch.

         h.   The solicitation of tow truck business by any licensee or employee or agent of licensee at the scene of a law enforcement tow.

         i.   The failure to report an accident to dispatch for which a law enforcement tow is required.

         j.   The solicitation or accepting of any remuneration or consideration of any type by any licensee, employee or agent of a licensee, from any garage, or repair shop or facility, for the purpose of influencing such licensee's decision as to where a disabled or wrecked vehicle should be taken for repair.

         k.   Allowing the lapse or cancellation of the tow business insurance required by this chapter.

         l.   Failing to allow a titled or registered owner of a vehicle to retrieve their personal property from their own vehicle while inside the impound lot.

         m.   Any unfair, illegal or deceptive business practice or any other conduct that the licensee knows or reasonably should know will reflect unfavorably on Ada County or the Ada County Sheriff's Office.

         n.   Failure to comply with the requirements of sections 6-4-11 and/or 6-4-13 of this chapter.

   C.   Notice Of Intent: Within ten (10) days of the impound officer's recommendation for a license revocation or a suspension of more than thirty (30) days, if the Sheriff or his designee finds good cause that a violation has occurred, the Sheriff shall issue a notice of intent to suspend or revoke a law enforcement towing license. Said notice shall provide a general description of the alleged violation(s) and the date(s) of the alleged violations. Depending on the nature and extent of the violation(s), the Sheriff, in his sole discretion, may permit licensee to resume law enforcement towing pending any hearing on the matter.

   D.   Right To hearing: A licensee shall have the right to a hearing prior to the revocation or suspension of more than thirty (30) days of its law enforcement towing license, in accordance with the procedures set forth in subsection E of this section. If the licensee does not request a hearing, or does not follow the procedures for requesting a hearing, said decision to suspend or revoke the license shall be final, and shall be effective fifteen (15) days from the date of the notice of intent. Any suspension shall be for a length of time as determined by the Sheriff, and any revocation shall be for one calendar year from the date of the notice of intent.

   E.   Hearing Procedures: A licensee may request a hearing before the Sheriff or his designee prior to the suspension for more than thirty (30) days or revocation of a law enforcement towing license, in accordance with the procedures set forth in this section.

      1.   A licensee desiring such a hearing shall, within fifteen (15) days of the date of the notice of intent to suspend or revoke a law enforcement towing license, file a written request for hearing with the Ada County Sheriff, together with a statement setting forth the factual basis and reasons for licensee's appeal of the decision. A copy of the request for hearing shall also be delivered to the impound officer.

      2.   The Sheriff or his designee shall conduct an informal public hearing within thirty (30) days after a request for hearing has been filed. The licensee and the Sheriff may be represented by an attorney. The licensee will be afforded the opportunity to present evidence and testimony. The licensee shall have no right to cross-examine or confront witnesses, except in the discretion of the Sheriff, nor shall the Idaho Rules of Evidence apply to such hearings. In the Sheriff's discretion, the record of any such hearing may be held open for a period of time, not to exceed seven (7) days, for the receipt of additional evidence.

      3.   The Sheriff or his designee shall issue a written decision within ten (10) days after the hearing stating the final decision regarding suspension or revocation of the license. If a license is revoked, it is revoked for one calendar year from the date of the written decision. A copy of the decision shall be mailed or made available to all interested parties. A record of said hearing and decision shall remain in the custody of the Sheriff. (Ord. 453, 5-21-2002; amd. Ord. 868, 6-13-2017)

   A.   Compliance: Each emergency tow company shall comply with all safety provisions, rules and regulations required to be observed by motor carriers, and, in addition thereto, shall comply with the requirements of this chapter.

   B.   Equipment: Each tow truck shall be equipped with only those winches and booms that have been produced and constructed by a manufacturer of such equipment that regularly produces winches and tow equipment of guaranteed quality and be used with the size tow truck for the class for which the equipment is designed. All related equipment shall be commensurate with the total rating of booms or other towing devices. A winch or boom will not be prohibited by this chapter if the owner submits to the Ada County sheriff a verified statement from a reputable testing laboratory regularly engaged in the testing of such equipment or similar equipment certifying that the capacity of the winch or boom is not less than that mandated for the class for which the equipment will be used. All costs of such testing and certification shall be at the expense of the emergency tow company.

   C.   Classes Of Tow Trucks: Each emergency tow company shall operate and maintain a minimum of one class A, class B, class C or class D tow truck, as described below:

      1.   Class A Tow Trucks: Tow trucks that are capable of towing and/or recovery of passenger cars, pickup trucks, small trailers, or equivalent vehicles. Class A tow trucks shall have:

         a.   Weight Rating: A minimum manufacturer's gross vehicle weight rating of ten thousand (10,000) pounds or equivalent.

         b.   Boom Rating:

            (1)   Minimum: A minimum of four (4) ton boom rating with single or dual booms. A minimum capacity of not less than four (4) tons, single line pull is required.

            (2)   Exception: Tow trucks that are equipped for and used as "wheel lift" tow trucks shall have a minimum three thousand (3,000) pound manufacturer's lift rated and minimum seven thousand (7,000) pound tow rated wheel lift assembly.

         c.   Cables: A minimum three-eighths inch (3/8") continuous length cable, as described below, or its equivalent, in safe working condition on each drum.

            (1)   Each cable shall be capable of being fully extended from and fully wound onto its drum.

            (2)   All cable and/or wire ropes shall be in good working order and shall have:

               (A)   No more than six (6) randomly distributed broken wires in one rope lay or no more than three (3) broken wires in one strand on one rope lay;

               (B)   No evidence of heat damage from any cause;

               (C)   No cables with indication of being pinched or crushed; and

               (D)   End attachments that are not cracked, deformed, worn or loosened.

            (3)   Cable end connections shall be wedged or, if clamped, shall have a minimum of three (3) clamps spaced a minimum of six (6) rope diameters apart and attached with the base or saddle of the clamp against the longer or live end of the cable. The "U" bolt will be placed over the short or dead end of the rope and will be of the proper size for the cable being clamped.

      2.   Class B Tow Trucks: Tow trucks that are capable of towing and/or recovery of medium size trucks, trailers, motor homes or equivalent vehicles. Class B tow trucks shall have:

         a.   A minimum manufacturer's gross vehicle weight rating of seventeen thousand (17,000) pounds or equivalent.

         b.   A minimum of ten (10) ton boom rating, single or dual booms, and a single or dual winch with a minimum capacity of not less than ten (10) tons single line pull.

         c.   A minimum seven-sixteenths inch (7/16") cable in safe operating condition as described in subsection C1c of this section.

      3.   Class C Tow Trucks: Tow trucks that are capable of towing and/or recovery of large trucks, trailers, buses, motor homes or similar vehicles. Class C tow trucks shall have:

         a.   A minimum manufacturer's gross vehicle weight rating of forty thousand (40,000) pounds or equivalent.

         b.   A minimum twenty five (25) ton rated single or dual boom and winch.

         c.   A truck chassis with tandem drive axles.

         d.   Air brakes and system capable of supplying air to towed vehicles.

         e.   A minimum nine-sixteenths inch (9/16") cable on each drum in safe operating condition as described in subsection C1c of this section.

      4.   Class D Tow Trucks: Tow trucks that are designed and intended to transport other vehicles by loading the vehicle entirely onto the truck. These tow trucks may be of a flatbed or roll bed design or may be a rail type truck. Class D tow trucks shall have:

         a.   A minimum manufacturer's gross vehicle weight rating of nine thousand (9,000) pounds or equivalent.

         b.   Dual tires on the rear axle.

         c.   A car carrier bed with a minimum length of sixteen feet (16') and a load rating of four (4) tons.

         d.   One winch drum and cable in safe operating condition as described in subsection C1c of this section, and a minimum length of not less than twenty six feet (26').

   D.   Specifications:

      1.   Each tow truck whether class A, class B, class C or class D, shall be not less than one ton in size and shall be equipped as follows:

         a.   Heavy duty transmission;

         b.   Dual rear wheels;

         c.   Power assisted brakes constructed so as to lock and hold drive wheels, unless ABS equipped;

         d.   Revolving or strobe overhead amber and/or red emergency lights with three hundred sixty degree (360°) visibility. White emergency lights may be used in conjunction with amber and/or red lights. These emergency lights shall be used while a tow truck is standing on a roadway for the purpose of, and while actually engaged in the preparation for and transportation of a disabled or wrecked vehicle;

         e.   Spotlights mounted behind cab capable of lighting scene of disability; and

      2.   Each tow truck shall carry as standard equipment:

         a.   One towbar cradle, sling or other comparable device made of material and used in such a manner so as to protect vehicles being towed;

         b.   Towing dollies or other auxiliary devices, provided that such auxiliary devices are specifically designed for the towing or transporting of a vehicle for which the auxiliary devices are used. No auxiliary devices shall be used unless to prevent further mechanical damages to the vehicle being towed, and unless the nature of existing vehicle damage prohibits movement otherwise. No auxiliary devices shall be used when such use could jeopardize the safety of the public;

         c.   At least two (2) safety securing devices, which may be chain, cable, nylon strap or steel strap, with a minimum breaking strength of fifteen thousand (15,000) pounds;

         d.   One fire extinguisher having a minimum capacity of five (5) pounds ABC dry chemical;

         e.   A four foot (4') wrecking bar, three-fourths inch (3/4") in diameter;

         f.   Broom, a minimum of twelve inches (12") wide and four feet (4') long;

         g.   Shovel, a minimum of seven inches (7") wide and three feet (3') long;

         h.   Two (2) red flags, and six (6) 20-minute fuses;

         i.   Jumper cables;

         j.   Five (5) gallon bucket of sand or absorbent material;

         k.   A minimum of six (6) traffic cones or triangles with a height of not less than eighteen inches (18");

         l.   Magnetic or plastic base portable tail, stop and turn signal lights for the vehicle being towed;

         m.   A two-way radio or the ability to communicate with the office or answering service; and

         n.   A minimum of two (2) chocks or blocking devices that are capable of chaining to the tow truck, securely holding the tow truck while the truck is recovering a disabled or wrecked vehicle.

Exception: Class D tow trucks may have one chock or blocking device.

      3.   Each tow truck and all of its equipment shall be maintained in a safe and good working order at all times. Law enforcement tow truck operators, within one year of employment with any licensed law enforcement towing company, must receive a nationally recognized operator's certification of training.

      4.   Each tow truck shall be permanently painted and lettered with company colors and company names, address, city and telephone number, on both sides of the tow truck, within a reasonable time after purchase. Said company colors shall be provided to the Ada County Sheriff. No magnetic stripping and/or signs may be used.

   E.   Requirements To Receive Dispatch Calls: Those emergency tow companies wishing to receive dispatch calls for a heavy duty tow truck must comply with the requirements of this chapter, and in addition:

      1.   Each heavy duty tow truck must be not less than five (5) tons in size.

      2.   Each heavy duty tow truck shall be equipped with a power operated winch, winch line, and boom, with a factory rated lifting capacity or a County tested capacity of not less than thirty thousand (30,000) pounds, single or double line.

      3.   Each heavy duty tow truck must be equipped with portable air lines for towed vehicles.

      4.   Each heavy duty tow truck must be equipped with tandem drive rear wheels. (Ord. 453, 5-21-2002)

Fees for services provided by licensed emergency tow companies pursuant to this chapter shall be set by resolution of the Board of Ada County Commissioners. (Ord. 453, 5-21-2002)

Tow companies licensed to perform law enforcement tows must:

   A.   Maintain twenty four (24) hour towing service, available seven (7) days per week, with the dispatch of such service to be from base stations or an answering service.

   B.   Not refuse to provide a law enforcement tow more than two (2) times in any calendar month.

   C.   Arrive at the accident within a reasonable time after having been notified to do so by dispatch. Such response time shall not exceed thirty (30) minutes. To the extent the tow company is unable to respond within thirty (30) minutes, tow company must notify dispatch of its estimated arrival time.

   D.   Maintain its own separate locked, lighted and secured impound lot bordered by a chain link, steel, or concrete fence not less than six feet (6') in height; provided further that said lot shall be insured for fire, theft, and vandalism of the vehicles stored therein and further, shall be open for business not less than from nine o'clock (9:00) A.M. to five o'clock (5:00) P.M. during business days. An agent of the emergency tow company must be on the premises to conduct the business of the tow company during the above stated days and hours.

   E.   The Ada County Sheriff's Office shall conduct an inventory of all items contained in or on an impounded vehicle to be towed, on a form provided by the Ada County Sheriff; the completion of said inventory form to be witnessed and initialed by a tow company driver on the scene. All items inventoried which are not taken to sheriff's property, shall remain in the custody and control of the licensee until released to the owner. If any item(s) is of an estimated value of one hundred dollars ($100.00) or more, and cannot be secured in the vehicle, the property shall be taken to sheriff's property and a property invoice left in the vehicle or given to the vehicle owner, if the owner is available, at the time the vehicle is impounded.

   F.   When authorized by the law enforcement agency, deliver, in every instance, the wrecked or disabled vehicle to either a location of the owner's choice or the tow company's impound lot. An itemized statement of charges shall be provided to the vehicle owner upon request.

   G.   All licensees who engage in law enforcement towing shall accept cash and at least two (2) major credit cards and any debit card for any towing and/or storage fees related to a law enforcement tow. Upon request, the licensee or its agent will provide a receipt to the owner or operator of the towed motor vehicle.

   H.   Report to the impound officer immediately all changes in tow trucks and equipment used in the licensee's law enforcement towing service and make all additional vehicles and equipment available for inspection by the impound officer. A tow truck which has not been inspected and given an inspection sticker by the impound officer is not allowed to participate in the tow truck rotation list.

   I.   Before leaving the site of an accident, completely remove all resulting wreckage or debris, including all broken glass.

   J.   Maintain two-way communications on a twenty four (24) hour basis with the company's tow trucks.

   K.   Meet the following insurance requirements:

      1.   At their sole expense, tow companies shall procure and maintain in full force and effect, insurance written by an insurance company or companies with Best's rating(s), of A VIII or better. All insurance companies must be authorized to do business in the State of Idaho. By requiring insurance herein, Ada County does not represent that coverage and/or limits are necessarily adequate to protect the tow company, and such coverage and/or limits shall not be deemed as a limitation on the tow company's liability under the indemnities granted to Ada County through this license.

      2.   Certificates of insurance evidencing the coverages required herein shall be provided to Ada County prior to performing any towing services for Ada County. All certificates must be signed by an authorized representative of the tow company's insurance carrier and must state that the issuing company, its agents, or representatives will provide Ada County thirty (30) days' written notice prior to any policies being canceled. Renewal certificates must be provided to Ada County within thirty (30) days after the effective date of the renewal.

      3.   Certificates shall be mailed to:

         Ada County Risk Management

         200 W. Front Street 3rd Floor Room 3269

         Boise, Idaho 83702-7300

      4.   Certificates must evidence the following minimum coverages:

         a.   Workers' compensation insurance meeting the statutory requirements of the State of Idaho.

         b.   Employers' liability insurance providing limits of liability in the following amounts:

 

         c.   Garage liability insurance providing limits of liability in the following amounts:

 

The garage liability policy shall be written on a standard ISO policy form, or an equivalent form, providing coverage for liability arising from garage operations including premises, operations, completed operations, personal injury, advertising injury, and liability assumed under an insured contract (including tort liability of another assumed in a contract). Auto coverage must show symbols 27, 28, and 29 or a separate business automobile liability policy also must be purchased.

Alternatively, tow companies may produce a certificate of insurance evidencing commercial general liability insurance providing limits of liability in the following amounts:

 

The commercial general liability ("CGL") insurance policy shall be written on an "occurrence" form and shall cover liability arising from premises, operations, independent contractors, products, completed operations, personal injury, advertising injury, and liability assumed under an insured contract (including tort liability of another assumed in a contract).

         d.   Business automobile liability insurance (required only if symbols 27, 28, and 29 are not shown for garage liability) providing bodily injury and property damage liability coverage for not less than one million dollars ($1,000,000.00) each accident limit. Business automobile liability insurance shall be written on a standard ISO policy form, or an equivalent form, providing coverage for liability arising out of owned, hired, or nonowned vehicles in connection with this agreement.

         e.   Garage keeper's liability insurance providing legal liability coverage, including comprehensive and collision, of not less than one hundred thousand dollars ($100,000.00) per location for customers' autos or auto equipment while the licensee is attending, servicing, repairing, parking or storing the customer's auto or auto equipment.

         f.   On hook/cargo insurance providing coverage for customers' autos while being towed or transported by the tow company with limits in the following amounts:

 

      5.   Ada County and its elected officials, agents, employees, successors and assigns shall be named as additional insureds under all policies except workers' compensation and employers' liability.

   L.   Nothing in this chapter shall be construed as obligating the emergency tow company to transport a disabled or wrecked vehicle when weather or road conditions make it impractical, impossible or dangerous to the operator. (Ord. 453, 5-21-2002; amd. Ord. 497, 4-29-2003; amd. Ord. 868, 6-13-2017)

Nothing in this chapter shall be construed to permit operation of a tow truck as an authorized emergency vehicle. (Ord. 453, 5-21-2002)

Any person violating the provisions of sections 6-4-2, 6-4-3 and/or 6-4-4 of this chapter shall be deemed guilty of a misdemeanor and upon conviction thereof shall be punished as provided by Idaho Code, section 18-113 as it may from time to time be amended and/or retitled. (Ord. 453, 5-21-2002; amd. Ord. 603, 1-30-2006)

This chapter shall be known and cited as the ADA COUNTY RESIDENTIAL PARKING ORDINANCE. The purpose of this chapter is to regulate parking of certain vehicles, both motorized and unmotorized, on streets in unincorporated residential areas within Ada County. (Ord. 796, 4-24-2012)

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

RECREATIONAL VEHICLE: Includes, but is not limited to, the following specific vehicles:

   Camper: A separate vehicle designed for human habitation and which can be attached or detached from a pickup truck. When removed from the truck, campers are called "unmounted campers". These campers are sometimes referred to as "truck campers" and "overhead campers". Camper shells on pickup trucks are excluded from this definition.

   Camping Trailer: A type of trailer or trailer coach, the walls of which are so constructed as to be collapsible and made out of either canvas or similar cloth, or some form of rigid material such as fiberglass, plastic or metal. The walls are collapsed while the recreational vehicle is being towed or stored and are raised or unfolded when the vehicle becomes temporary living quarters and is not being moved.

   Motor Home: A motorized vehicle that has a truck or motor van chassis primarily designed to provide temporary living quarters for travel, camping, recreation and vacation use.

   Travel Trailer: A trailer without its own motive power, designed as a temporary dwelling for travel, camping, recreation and vacation use. This definition includes fifth wheelers.

   Utility Trailer: A trailer without its own motive power designed and/or used for the transportation of animals, goods, material, aircraft, watercraft and all manner of motor vehicles.

   Watercraft: A general term applying to all manner of watercraft, whether impelled by wind, oars or mechanical devices, and which are designed primarily for recreation or vacation use. A watercraft when mounted upon a trailer shall be considered one unit.

RESIDENTIAL AREA: Two (2) or more adjoining lots or parcels of one acre or less in area which are improved with single-family residences, duplexes, triplexes, or any other structure housing families or individuals together with adjacent streets for a distance of one hundred (100) yards in each direction along said street measured from the boundary line of the property improved with said residential structure or structures, the boundary line from which the one hundred (100) yard distance is measured being that boundary line which will maximize the area to be included in this definition of "residential area".

VEHICLE: Every device in which any person or property is or may be transported, either on or off the public roadway. (Ord. 796, 4-24-2012)

   A.   No person shall park the following, whether attended or unattended, upon the streets in any residential area within unincorporated Ada County for a period in excess of two (2) hours:

      1.   Any vehicle, either motorized or unmotorized, having a gross weight capacity in excess of twelve thousand (12,000) pounds, or

      2.   Any trailer or mobile home regardless of type, or

      3.   Any vehicle designed or used primarily as farm equipment, or

      4.   Any recreational vehicle:

         a.   Notwithstanding anything to the contrary in this section, motor homes, travel trailers and camp trailers may be parked on the street for a period not to exceed seventy two (72) hours;

         b.   The seventy two (72) hour period applies irrespective of whether they are attached to a motorized vehicle.

   B.   No person shall park any vehicle upon the streets in any residential area within unincorporated Ada County for a continuous period in excess of seven (7) days. (Ord. 796, 4-24-2012)

The provisions of section 6-5-3 of this chapter shall not apply when a vehicle is parked:

   A.   For the purpose of loading or unloading passengers, materials, or merchandise when such passengers, materials, or merchandise are actually being loaded or unloaded;

   B.   For any purpose incident to any lawful construction project located within the immediate vicinity of such parked vehicle;

   C.   For any purpose incident to a lawful commercial operation located in any residential area so long as the vehicle is parked within one hundred (100) yards of such commercial operation. (Ord. 796, 4-24-2012)

Any person who violates any provision of this chapter shall be deemed guilty of an infraction and, upon conviction thereof, shall be fined fifty dollars ($50.00) for each violation. If an owner or operator parks more than one vehicle in violation of this chapter, each vehicle shall be deemed a separate violation. Should any vehicle be parked in violation of subsection 6-5-3A of this chapter for a period longer than twenty four (24) hours, each twenty four (24) hour period, or part thereof, shall be deemed a separate violation. Should any vehicle be parked in violation of subsection 6-5-3B of this chapter, each seven (7) day period, or part thereof, shall be deemed a separate violation. Any vehicle parked in violation of this chapter may be cited and/or removed at the expense of the owner. (Ord. 796, 4-24-2012)

The sheriff or deputy sheriffs of Ada County shall have authority to enforce the provisions of this chapter. (Ord. 796, 4-24-2012)

EMERGENCY VEHICLES: Vehicles operated by a fire depart ment or law enforcement agency of the State or political sub division of the State or an ambulance.

No person shall engage in the business or occupation of vehicle escort service unless or until obtaining a license so to do. Applications for an escort license shall be filed with the County Clerk. The application shall show:

   A.   The names, ages, and addresses of all persons having an interest in said business.

   B.   The present and previous occupations covering a period of three (3) years of all persons having an interest in the business.

   C.   The name and address of the business.

   D.   Payment of a fee in the amount of twenty dollars ($20.00).

   E.   An applicant who was not licensed by this Chapter for the year immediately preceding the current application shall be required to be fingerprinted by an appropriate agency designated by the County Clerk. Cost of taking and processing such fingerprints shall be borne by the applicant.

No person shall be engaged as, or shall perform the services of, a vehicle escort unless or until he/she obtains a license so to do. Applications for such license shall be filed with the County Clerk. The application shall show:

   A.   Name, age, and resident address of the applicant.

   B.   Present and previous occupation covering a period of three (3) years prior to the date of application.

   C.   The number of years the applicant has operated a motor vehicle or motorcycle, or both.

   D.   Whether the applicant owns or possesses a motor vehicle or motorcycle, and the make, identification number, model, and year of either or both.

   E.   The recommendations of at least three (3) reputable individuals recommending that such license be granted.

   F.   Valid Idaho driver license.

   G.   Payment of a fee in the amount twenty dollars ($20.00).

   H.   An applicant who was not licensed by this Chapter for the year immediately preceding the current application shall be required to be fingerprinted by an appropriate agency designated by the County Clerk. Cost of taking and processing such fingerprints shall be borne by the applicant.

No license shall be issued to any person to act as a vehicle escort who:

   A.   Is not over eighteen (18) years of age.

   B.   Has not resided within the State for a continuous period of at least six (6) months preceding the date of application.

   C.   Has been convicted in any court within a period of three (3) years of an offense of driving while under the influence of intoxicating liquor, reckless driving, failing to stop at or report an accident, or any felony.

   A.   The Board of County Commissioners shall duly consider and evaluate all new applications and renewal applications for escort licenses for businesses and individuals, and after so evaluating, shall determine to grant or deny each application in accordance with the provisions of this Chapter.

   B.   If the Board of County Commissioners so order, the County Clerk shall issue a license for a vehicle escort business or individual and it shall contain the name of the business or individual and year for which issued. The license for an escort business shall be in the form of a placard or certificate. The license for a vehicle escort individual shall be in the shape of a badge.

   C.   The licenses herein provided shall be issued for a calendar year and may be renewed by the Board of County Commissioners after consideration and upon payment of the license fees provided herein. (Ord. 220, 5-17-90)

   D.   If the Board of County Commissioners shall find that a licensee has made any false material statements in the application for a license, or did not have, or has not retained, the qualifications for vehicle escort, or has acquired a disqualification for vehicle escort or for other good cause, the Board of County Commissioners shall suspend, revoke, or refuse to renew such escort license.

      1.   No pleadings shall be necessary and any hearing before the Board of County Commissioners shall be informal.

      2.   Prior to any revocation or suspension, the licensee shall be granted the opportunity for a public hearing before the Board of County Commissioners which hearing shall be held not later than fourteen (14) days after written notice to the licensee of intent to revoke or suspend. Such notice shall specify the date, time and place of hearing and shall be delivered to the licensee personally or mailed to the licensee at the address set forth in the license application. If, after such public hearing, the County Commissioners determine that one or more of the grounds for revocation exists, they shall revoke the license. The decision of the Board of County Commissioners shall be final. (Ord. 220, 5-17-90; amd. Ord. 221, 5-17-90)

   E.   No license may be transferred to another person, unless the transferee shall have first obtained the approval of the Board of County Commissioners to the transfer upon application by the transferee pursuant to the provisions of this Chapter. The fee for such a transfer of a license shall be twenty dollars ($20.00). (Ord. 243, 3-30-92)

Any license issued hereunder shall limit the licensee to provide vehicle escort service for, and to escort, funeral or other processions, parades, and moving buildings, structures or equipment.

No driver of any vehicle shall drive such vehicle between vehicles comprising a funeral procession while such procession is en route if the vehicles comprising the funeral procession are designated and escorted as provided by this Chapter. This Section shall not apply to drivers of emergency vehicles.

Upon the immediate approach of a funeral procession, the driver of every other vehicle shall yield the right of way and immediately drive to a position parallel to, and as close as possible to, the nearest edge or curb of the highway lawful for parking and clear of any intersection and stop and remain in that position until the funeral procession has passed, except when otherwise directed by a police officer or escort officer. (Ord. 220, 5-17-90)

Each motor vehicle participating in a funeral procession shall display illuminated headlights and shall follow not to exceed thirty feet (30') behind the preceding vehicle, and when accompanied by police escort or escort service shall have the right of way at street intersections over other vehicles, except authorized emergency vehicles. (Ord. 220, 5-17-90; amd. Ord. 221, 5-17-90)

Persons holding a license and while engaged in vehicle escort services, are authorized to direct traffic in accordance with the provisions of this Chapter and the statutes of the State, and it shall be unlawful for any person to fail or refuse to comply with any order, signal, or direction of an escort while so engaged.

Any person violating any of the provisions of this chapter shall be deemed guilty of a misdemeanor, and, upon conviction thereof, shall be punished as provided by Idaho Code, section 18-113 as it may from time to time be amended and/or retitled. (Ord. 220, 5-17-1990; amd. Ord. 603, 1-30-2006)

   A.   Short Title: This chapter shall be known and cited as the ADA COUNTY FIRE LANE PARKING ORDINANCE.

   B.   Policy: It shall be the policy of the county that business enterprises which choose to designate fire lane access to their premises, as defined below, shall be provided enforcement action against those persons who park or leave unattended vehicles in designated fire lanes. This action is necessary and desirable to assure that access is available to emergency service providers. (Ord. 235, 3-28-1991)

A "fire lane" shall be an area adjacent to a business on private property which is clearly marked with a red curb with appropriate signs located at each end of the curb or at one hundred foot (100') intervals, whichever is less, and designating the area to be a fire lane. (Ord. 235, 3-28-1991)

It shall be unlawful and a violation of this chapter for the registered owner or operator of any vehicle to park or leave it unattended in a designated fire lane. A vehicle shall be deemed unattended if it does not contain a licensed responsible driver who is in control of the vehicle. (Ord. 235, 3-28-1991)

   A.   It shall be the duty of the sheriff of Ada County, or any deputy sheriff, to leave notice at or on the vehicle parked in violation of this chapter. This notice shall bear the date and hour of leaving the same at or upon the vehicle. The notice shall instruct the owner or operator of the vehicle to report to the magistrate's division of the district court in regard to such violation. It shall be the duty of such sheriff or deputy sheriff to leave at or upon such vehicle a separate notice for each hour thereafter that such vehicle remains parked in violation of this chapter. In the event such owner or operator fails to report to the magistrate's division at the time provided in said notice, a warrant for the arrest of said person will be issued. In addition to the penalty assessed by the court for violation of this chapter, the owner or operator of the vehicle shall be liable for any expense incurred by the county involving towing away or otherwise removing said vehicle. The owner or operator of any vehicle shall be liable for any and all other reasonable expenses for storage charged by the company removing said vehicle and causing said vehicle to be stored.

   B.   Violation of this chapter shall be a misdemeanor punishable according to section 18-113, Idaho Code as it may from time to time be amended and/or retitled. Any vehicle found parked in violation of this chapter may be cited and/or removed at the expense of the owner. (Ord. 235, 3-28-1991; amd. Ord. 603, 1-30-2006)

   A.   No person shall drive or move any vehicle with any load on any public roadway in Ada County unless such load is so covered, constructed or loaded as to prevent any of its load from dropping, sifting, leaking, or otherwise escaping from the vehicle.

   B.   No person shall operate any vehicle with any load on any public roadway in Ada County unless the load and its covering is securely fastened to prevent the covering or load from becoming loose, detached, or in any manner a hazard to other users of the public roadway.

   C.   Any person operating a vehicle on any public roadway in Ada County from which any materials have fallen or escaped, which would constitute an obstruction or injure a vehicle or otherwise endanger travel upon such public roadway shall immediately cause the public roadway to be cleaned of all such materials and shall pay any costs therefor.

   D.   This section shall not apply to vehicles on a public roadway, or a portion thereof, that is closed to travel by the general public. However, prior to the opening or reopening of the public roadway all materials that would constitute an obstruction or injure a vehicle or otherwise endanger travel upon such public roadway must be cleaned from the public roadway. (Ord. 700, 6-18-2008, eff. 10-1-2008)

   A.   Nothing in this chapter may be construed to prohibit a government employee or contractor from dropping sand on a highway to enhance traction, or sprinkling water or other substances to clean or maintain a highway.

   B.   This chapter shall not apply to agricultural vehicles while being used for agricultural purposes. (Ord. 700, 6-18-2008, eff. 10-1-2008)

A person who violates the provisions of this chapter shall be guilty of an infraction and subject to a fine of fifty dollars ($50.00). For each subsequent violation of this chapter, the fine shall be increased by twenty five dollars ($25.00) but shall not exceed one hundred dollars ($100.00). (Ord. 700, 6-18-2008, eff. 10-1-2008)

   A.   Definitions:

    LOOKOUT: Any person who is at or near the location of the unlawful race, speed competition, drag race, acceleration contest, or exhibition of speed and whose conduct demonstrates that he or she is acting as a lookout to warn racers or spectators of law enforcement's presence in the area.

   SPECTATOR: Any person whose conduct demonstrates that he or she is at or near the location of the unlawful race, speed competition, drag race, acceleration contest, or exhibition of speed to observe, support, witness, promote, or encourage the event.

   B.   Prohibited Acts: It is unlawful for any person to be present in an area where an unlawful race, speed competition, drag race, acceleration contest, or exhibition of speed is occurring, has occurred, or is about to occur, and whose conduct demonstrates the person is a spectator, or a lookout.

   C.   Penalties: Any person cited under this chapter shall be guilty of a misdemeanor punishable as provided by Idaho Code section 18-113 as it may from time to time be amended and/or retitled. (Ord. 878, 1-30-2018)