Bonners Ferry City Zoning Code
TITLE 4
PUBLIC HEALTH AND SAFETY
CHAPTER 3 FLUORIDE
(Rep. by Ord. 517, 9-21-2010)
4-1-1: PROHIBITED ACTS:
The practice of locating upon any of the streets within the city any truck, trailer, stand or stall or other object, if the purpose of such location is to engage in the sale of merchandise or wares therefrom to the public for a profit, is hereby declared to be a nuisance and punishable as such nuisance as a misdemeanor. (1959 Code § 6-7-1; amd. 2003 Code)
4-1-2: ENFORCEMENT:
The chief of police and police force of the city are hereby required and directed to suppress the same and to abate any such nuisance as is described in section 4-1-1 of this chapter. (1959 Code § 6-7-2; amd. 2003 Code)
4-1-3: PUBLIC NUISANCES:
A. Defined: A "public nuisance" is a thing, act, occupation or use of the property which is injurious to the senses, or an obstruction to the free use of property, so as essentially to interfere with the comfortable enjoyment of life or property.
B. Enumerated: For purposes of this section nuisances are:
1. Diseased Animals: All diseased animals running at large.
2. Carcasses: Carcasses of animals not disposed of within twenty four (24) hours after death as provided by law.
3. Refuse; Garbage: Accumulations of refuse or garbage, in excess of what the garbage company would haul away in a week period.
4. Noxious Weeds: All noxious weeds and other rank growth upon public or private property (as defined by the county weed supervisor).
5. Smoke; Fumes: The presence in the outdoor atmosphere of any contaminant or combinations thereof in such quantity or of such nature and duration and under such conditions as would be injurious to human health or welfare, to animal or plant life, or to property, or to interfere unreasonably with the enjoyment of life or property.
6. Noise; Vibrations: All unnecessary noises and annoying vibrations.
7. Obstructions; Excavations: Obstructions and excavations affecting the ordinary use by the public of streets, alleys, sidewalks or public grounds except under such conditions as are provided by ordinance.
8. Discarded, Junk Items: Accumulations of discarded or junked items creating an unsightly appearance.
9. Abandoned Or Airtight Containers: All abandoned, unattended or discarded iceboxes, refrigerators or other containers which have a door or lid, snap lock or other locking device which may not be released from the inside, upon public or private property.
10. Unreasonable, Unlawful Condition: No owner or occupant of any premises within the city shall keep, cause or allow the premises, any portion of the premises or any structure on the premises, to fall into a condition that is dangerous or detrimental to life, health or property of members of the public.
11. Junkyards Or Dumping Grounds: All places used or maintained as junkyards or dumping grounds or for the wrecking or disassembling of automobiles, trucks, or machinery of any kind, or for the storing or leaving of worn out, wrecked or abandoned automobiles, trucks or machinery of any kind, or of any parts thereof, or for the storing or leaving of any machinery or equipment used by contractors or builders or by other persons, which said places are kept or maintained so as to essentially interfere with the comfortable enjoyment of life or property by others.
12. Places In Disrepair: All places in such a state of disrepair as to constitute a fire hazard, an attractive nuisance or a hazard of any sort.
13. Unsightly Structures: Any unsightly building, billboard or other structure or any old, abandoned or partially destroyed building or structure commenced and left unfinished, or vacant areas in rear of stores, vacant lots, houses, buildings or premises containing trash, litter, rags, accumulation of empty barrels, boxes, crates, packing cases, lumber or firewood not neatly piled, scrap iron, tin and other metal not neatly piled or anything whatsoever in which flies or rats may breed or multiply or which may be a fire danger.
C. Penalty:
1. Any person, who shall knowingly cause or create any public nuisance, or permit any public nuisance to be created or to be placed upon or to remain upon any premises owned or occupied by such person, shall be guilty of a misdemeanor and upon conviction thereof, shall be punished pursuant to this code and the Idaho Code;
2. The imposition of one penalty for any violation of this section shall not excuse the violation or permit it to continue and all such persons shall be required to correct or hereby remedy such violations or defects within five (5) days; and when not otherwise specified, each five (5) days that prohibited conditions are maintained shall constitute a separate offense;
3. Each day's or part of day's continuance of anything prohibited by this section shall be a separate offense. (Ord. 481, 8-17-2004)
4-2-1: PURPOSE:
This chapter shall be deemed an exercise of the police power of the city acting in its governmental capacity for the protection and preservation of the health, welfare, morals, safety and cleanliness, and all of its provisions shall be liberally construed for the accomplishment of that purpose. (1959 Code § 8-4-1)
4-2-2: DEFINITIONS:
As used in this chapter, the following words and terms shall have the meanings ascribed to them in this section:
GARBAGE: All putrescible wastes, except sewage and body wastes, but excluding recognizable industrial byproducts, and shall include all such substances from public and private establishments and from all residences.
REFUSE: Includes nonputrescible wastes. (1959 Code § 8-4-5)
4-2-3: COLLECTION; HAULING:
The city, its duly authorized agents, contractors, servants, employees or licensees shall have the exclusive right to gather and collect garbage and rubbish, and it shall be unlawful for any person, except as otherwise provided in this chapter to collect or gather garbage and/or rubbish. (1959 Code § 8-4-2)
4-2-4: RULES AND REGULATIONS:
The governing body of the city shall have power to make such further rules and regulations for the storage and disposal of rubbish and garbage as may be necessary to effectuate and facilitate the provisions of this chapter; including, but not limiting, such power by such inclusion the right to establish, regulate, amend, alter, and otherwise modify garbage, rubbish, refuse and trash collection rates. (1959 Code § 8-4-10)
4-2-5: ENFORCEMENT:
The clerk or other designated officer of the city is hereby charged with the duty of enforcing the provisions of this chapter. (1959 Code § 8-4-12; amd. 2003 Code)
4-2-6: FEES:
A schedule of fees shall be adopted by the governing body for the collection and disposal of garbage, which schedule shall be filed with the clerk and which may be amended or altered by the governing body from time to time. (1959 Code § 8-4-6)
4-2-7: HANDLING OF RECEPTACLES:
It shall be unlawful for any person other than the city, its agents or employees, or a person having a contract for such purpose to interfere in any manner with any receptacle containing garbage or rubbish, or any form of refuse, or to remove any receptacle from the location where the same was placed by the owner thereof or to remove any of the contents of such receptacle. (1959 Code § 8-4-4)
4-2-8: CONTAINERS; DISPOSAL OF OTHER ITEMS:
A. Containers Required: No owner or occupant of any public or private premises shall permit to accumulate upon his premises any refuse except in covered containers approved by the clerk.
B. Specifications: Such containers, except as otherwise specified in the rules and regulations, shall be constructed of metal or plastic in such a manner as to be strong, not easily corrodible, rodentproof, with two (2) handles, a capacity of not more than thirty four (34) gallons, with tight covers, which shall be in place at all times except when garbage or refuse is being deposited therein or removed therefrom.
C. Maintenance: Such containers, except as otherwise specified in the rules and regulations, shall be maintained in a sanitary condition at all times and shall be kept in a rack or device so as to prevent them from being overturned by animals.
D. Separate Containers Required: In the event that garbage and one or more types of refuse are disposed of separately, separate containers must be had if required by the clerk.
E. Other Items: Boxes, papers, tree cuttings, and all odd articles shall be crushed and/or bundled in lengths not to exceed five feet (5') and not to exceed fifty (50) pounds in weight, except articles taken in special hauls. (1959 Code § 8-4-8; amd. 2003 Code)
4-2-9: HAULING BY OTHERS:
A. Permit Required: It shall be unlawful for any person other than the city, its agents or employees, to collect or convey through, over or upon any street or alley, any "rubbish", "garbage", or night soil, as in this chapter defined, without first securing a permit from the clerk so to do. (1959 Code § 8-4-3; amd. 2003 Code)
B. Revocation: Any person hauling rubbish and/or garbage under a permit issued by the clerk to do so shall obey all the regulations of the city and laws of the state as well as the rules and regulations of the governing body with regard to the storage and disposal of rubbish and garbage. Any failure to obey any of such laws or rules and regulations shall be sufficient grounds for the revocation of the permit to haul rubbish and/or garbage as issued by the clerk. (1959 Code § 8-4-9; amd. 2003 Code)
4-2-10: ACCUMULATION PROHIBITED:
(Rep. by Ord. 481, 8-17-2004)
4-2-11: BURNING:
It shall be unlawful for any person to burn garbage or refuse within the city except wastepaper, boxes, brush grass, weeds and cuttings from trees, lawns and gardens for which, during the fire season, a permit must be had from the fire chief of the city. (1959 Code § 8-4-7)
4-4-1: DEFINITIONS:
The following definitions shall apply in this chapter:
METHAMPHETAMINE PRECURSOR DRUGS:
A. A drug or product containing as its sole active ingredient pseudoephedrine, or any of its salts, optical isomers, or salts of optical isomers; or
B. A combination drug or product containing as one of its active ingredients pseudoephedrine, or any of its salts, optical isomers, or salts of optical isomers;
C. This term does not include any compounds, mixtures, or preparations that are in liquid, liquid capsule, or gel capsule form.
OVER THE COUNTER SALES: A retail sale of a drug or product, but does not include the sale of a drug or product pursuant to the terms of a valid prescription.
RETAILER: Any person, corporation, partnership or other business entity conducting business within the city of Bonners Ferry, Idaho, who sells or furnishes any over the counter drug product containing pseudoephedrine. (Ord. 496, 1-17-2006, eff. retroactive to 1-1-2006)
4-4-2: PROHIBITED ACTS:
A. It shall be unlawful within the incorporated limits of the city for any retailer or employee thereof to knowingly sell, transfer, or to otherwise furnish in a single transaction more than three (3) packages of any product that he or she knows to contain more than a total weight of nine grams (9 g) of methamphetamine precursor drugs.
B. The limits established in this section shall not apply to any quantity of methamphetamine precursor drugs dispensed pursuant to a valid prescription. (Ord. 496, 1-17-2006, eff. retroactive to 1-1-2006)
4-4-3: LIMITATION ON ACCESSIBILITY TO AND SALE OF METHAMPHETAMINE PRECURSOR DRUGS:
A business establishment that offers for sale methamphetamine precursor drugs shall ensure that all packages of the drugs are displayed and offered for sale only:
A. Behind a checkout counter where the public is not permitted; or
B. Inside a locked display case; and
C. All sales shall be conducted with an employee of the retailer and cannot be conducted by a self-service system. (Ord. 496, 1-17-2006, eff. retroactive to 1-1-2006)
4-4-4: PENALTY:
Any person or entity violating the provisions of this chapter is guilty of a misdemeanor, the penalty for which shall be a fine not to exceed one thousand dollars ($1,000.00) or imprisonment not to exceed six (6) months, or both. (Ord. 496, 1-17-2006, eff. retroactive to 1-1-2006)
4-5-1: DEFINITIONS:
ALLEY: A public highway not designed for general travel and used primarily as a means of access to the rear of residences and business establishments.
BOAT: Any type of watercraft or vessel used primarily for transportation on the water. The term "boat" shall include personal watercraft that uses a motor-powered jet pump as its primary source of motor power designed to be operated by a person sitting, standing or kneeling on the watercraft.
CAMPER (Pickup): A structure designed to be mounted on a pickup or truck chassis and with sufficient equipment to render it suitable for use as a temporary dwelling for recreational use, camping or vacation use.
LARGE VEHICLE: Any vehicle that exceeds twelve thousand (12,000) pounds gross weight.
MOTOR HOME: A motor vehicle or device primarily designed as a temporary living quarters for recreation, camping or travel use.
MUNICIPAL PARKING LOT: A parking lot owned by the City and posted with signage designating the lot as a City-owned parking lot.
RECREATIONAL VEHICLE: Any camp trailer, travel trailer or fifth wheel designed to provide temporary living quarters for recreational camping or travel use, constructed with integral wheels to make it mobile and/or towable by motor vehicle.
ROADWAY: The portion of a highway improved, designed or ordinarily used for vehicular travel, exclusive of the sidewalk or shoulder even though such sidewalk or shoulder is used by persons riding bicycles.
SNOWMOBILE: A vehicle with a continuous tread and runner type steering device used primarily for transportation on the snow.
STORAGE CONTAINER: Any large metal portable cargo container, such as a conex box, used to ship, store, or dispose of items of personal property.
STORED OR STORAGE: Parking or placing of boats, campers (pickup), large vehicles, motor homes, recreational vehicles, snowmobiles or utility trailers for more than five (5) consecutive days.
UTILITY TRAILER: A structure or device with or without its own mode of power, designed and/or used to transport goods, equipment, boats, snowmobiles, vehicles or other devices and materials. (Ord. 567, 7-18-2017)
4-5-2: STORAGE:
No boats, campers (pickup), large vehicles, motor homes, recreational vehicles, snowmobiles or utility trailers (hereafter referred to as "vehicle or personal property") may be stored on public streets, roads, highways or sidewalks. Storage of any vehicle or personal property is permitted on private property under the condition that such vehicles or personal property are set back ten feet (10') from any alley or roadway and meet the requirements of title 6, chapter 3 of this Code regarding inoperable and junk vehicles. (Ord. 567, 7-18-2017)
4-5-3: STORAGE CONTAINERS:
Storage containers shall not be placed on City right-of-way. Any storage container so located shall be promptly removed. Any storage container not promptly removed in compliance with this section may be removed by the City at the owner/renter's expense. (Ord. 567, 7-18-2017)
4-5-4: PARKING:
No boats, campers (pickup), large vehicles, motor homes, recreational vehicles, snowmobiles or utility trailers may be parked on a roadway or alley within ten feet (10') of any driveway or within fifteen feet (15') of an intersection. (Ord. 567, 7-18-2017)
4-5-5: PERMIT REQUIRED:
The registered owner of a camper, motor home, or recreational vehicle may obtain a permit from the City Clerk's Office at no cost which grants permission to park on the public roadway or alley for fourteen (14) days. The registered owner shall be limited to two (2) permits within a 12-month period. Each permit shall identify the vehicle for which it is issued and the time when the permit is valid. Such permit shall be conspicuously displayed in the lower right-hand corner of the windshield or in a window that is easily visible from outside the camper, motor home or recreational vehicle. (Ord. 567, 7-18-2017)
4-5-6: OCCUPANCY OF RECREATIONAL VEHICLES:
No person shall live in or continuously occupy a recreational vehicle or camper (pickup), as defined in this chapter whether or not self-contained, within the City, unless said recreational vehicle is located within a legally established recreational vehicle park or recreational vehicle campground; except that the temporary occupancy of a recreational vehicle parked on a residentially zoned property for a period of up to fourteen (14) days is permitted. No residential property shall be permitted more than a total of twenty eight (28) days of temporary occupancy during any calendar year.
On properties zoned for commercial uses, recreational vehicles may be temporarily occupied for a period of up to fourteen (14) days; provided, that the occupancy of the recreational vehicle is used to support a legally established sale of merchandise, such as Christmas trees or similar type of temporary or seasonal sale items.
Commercial property owners may permit the occupancy of recreational vehicles on their properties that are developed with retail uses for a period of up to fourteen (14) days. (Ord. 567, 7-18-2017)
4-5-7: VIOLATIONS - PENALTIES:
Any person violating any provision of this chapter for the first time shall be subject to an infraction.
Provided, if the same violator has been found to have committed an infraction and/or violation for the same or similar conduct two (2) separate times, with the violations occurring at the same location and involving the same or similar sections of this Code, the third or subsequent violation shall constitute a misdemeanor, punishable as provided in Idaho State Code for misdemeanor criminal offenses.
Each day that the violation continues shall constitute a separate offense. (Ord. 567, 7-18-2017)
4-5-8: SEVERABILITY:
If any provision of this chapter or its application to any person or circumstance is held invalid, the remainder of this chapter or the application of the provisions to other persons or circumstances is not affected. (Ord. 567, 7-18-2017)