No structure shall be placed or constructed, nor any uses conducted, at locations or in a manner violative of any provisions of this title, of any duly entered decision of the city council or land use development commission hereunder, or of the city's comprehensive plan. (Ord. 241 §8-1, 1983)

The city will not issue permits to build, install, repair or remove any structures or improvements upon lands governed by this title, nor will the city furnish water, sewer or sanitation services to any structure or for any land uses, which constitute violations within the meaning of section 18.32.010 of this chapter. (Ord. 241 §8-2, 1983)

The city may exercise its abatement power under the Idaho Code, at the owner's expense, with respect to any violations which represent or cause public nuisances. In addition, or in the alternative, the city may commence injunctive proceedings against the owner, in order to obtain compliance with this title. In such proceedings, the city shall request and the court may award the city its costs, as determined by court rule, together with a reasonable attorney fee, and such other or further relief as the court may deem just. (Ord. 241 §8-3, 1983)

Any violation within the meaning of section 18.32.010 of this chapter shall be unlawful and punishable as a misdemeanor. Each day that such violation occurs or continues shall be deemed a separate offense. Prosecution for such offense shall not preclude the city from seeking a civil remedy, for failure to comply, as provided in section 18.32.030 of this chapter. (Ord. 241 §8-4, 1983)

   A.   Required: The city council is hereby authorized to issue conditional occupancy permits, under the terms and conditions of this section, whereby buildings or parts of buildings classed as a group B-2 occupancy under the international building code shall, for a period not to exceed twenty four (24) hours, be regarded as an A-1, A-2, or A-3 occupancy. Upon the issuance of a conditional occupancy permit, the provisions of this section shall prevail over the terms and provisions of the international building code and international fire code, as applied to said building or parts of buildings.

   B.   Definitions: As used in this section, all terms defined in the international building code or international fire code shall have the meanings assigned to them by said codes.

   C.   Procedure For Issuance Of Conditional Occupancy Permit: The owner or occupant of a building or part of a building desiring to obtain a conditional occupancy permit (hereinafter referred to as "applicant" or "owner") shall make application therefor on a form provided by the city clerk. Following the submission of the owner's application, the same shall be submitted to the city building official for investigation of the proposed conditional occupancy permit. Said investigation shall be completed within two (2) weeks following the submission of the application. At the next city council meeting, the application along with the results of the building official's investigation and his recommendation shall be considered by the city council. No conditional occupancy permit shall be granted, until and unless the city council determines that, based upon: 1) the recommendation of the building official, 2) the requirements of this section, and 3) such additional requirements as may be imposed by the city council, the proposed change in occupancy classification will not create a hazard to the public. Upon such determination, the city council shall direct the city building official to issue the conditional occupancy permit upon the building official's determination that the applicant has complied with all conditions imposed by this section and such other conditions as the building official may recommend and the city council may impose as a condition to the issuance of the conditional occupancy permit.

   D.   Determination Of Occupancy Load: Following the issuance of the conditional occupancy permit, the city building official shall make a determination as to the maximum occupancy load permitted for the applicant's structure, which determination shall be made in accordance with the provisions of this section. The occupancy load for the applicant's structure shall be limited to the lesser of one occupant per ten (10) square feet of open space or one hundred (100) occupants per linear foot of exit doors. For purposes of determining the permitted occupancy load, areas more than one hundred twenty five feet (125') from a main exit shall not be included in determining the permitted occupancy load.

   E.   Minimum Facility Requirements: In addition to such other and additional requirements which the city building official may recommend or the city council may impose, the following minimum facility requirements shall be satisfied prior to the issuance of a conditional occupancy permit.

      1.   All areas within the structure which are accessible to the public shall have exits in two (2) directions except for hallways and/or corridors not exceeding forty feet (40') in length and with a width of not less than forty feet (40').

      2.   All areas of the structure shall be protected by automatic fire suppression systems.

      3.   All areas open to the public shall be located on one floor with an exit at ground level.

      4.   An automatic alarm system shall be installed on the premises which is capable of being clearly heard in all areas open to the public.

      5.   The facility shall have a central public address system which can be clearly heard in all areas open to the public and which shall have an operator at all times when any area of the structure is open to the public.

      6.   "No smoking" signs shall be installed throughout any part of the structure which is open to the public and: a) shall be placed no more than one hundred feet (100') apart; b) shall be placed at each exit and entrance; and c) shall be printed with contrasting colors and with letters at least four inches (4") in height.

   F.   Limitations On Use Of Structure: Upon issuance of the conditional occupancy permit, the structure may be used for any lawful purpose, subject to the following restrictions:

      1.   There shall be no open flame heating or warming of food or drink, except in areas which are allowed to prepare foods under existing laws, ordinances, and regulations of the city and the state and which are operated by persons holding a valid city business license for such operations.

      2.   The smoking of tobacco or other products by any person inside of the structure shall be prohibited and said prohibition shall be strictly enforced.

      3.   No combustible or flammable solids, liquids, or gases shall be allowed anywhere in the premises.

      4.   No alcoholic beverages shall be served or allowed anywhere on the premises.

      5.   All electrical connections for appliances operated during the period of time covered by the conditional occupancy permit shall be inspected and approved in advance by the city building official, and shall be subject to ongoing inspection while the conditional occupancy permit is in effect.

   G.   Employment Of Emergency Personnel: During any period of time that a conditional occupancy permit is in effect and the occupancy of the premises exceeds that which would have been allowed but for the provisions of this section, the city shall, subject to reimbursement by the owner as hereinafter set forth, provide police and fire protection personnel, as follows:

      1.   Fire protection personnel:

         a.   One member of the volunteer fire department (hereinafter "fireman") shall be stationed at each major exit, which is defined for purposes of this section as being any exit forty eight inches (48") or more in width.

         b.   One fireman shall be required per three (3) minor exits.

         c.   Regardless of the number of major and minor exits, at least two (2) firemen shall be on the premises at all times.

         d.   All firemen assigned to the premises shall be in uniform and carry two-way radios.

         e.   The fire chief of the fire department shall designate or appoint a command officer from among those firemen assigned to the premises. Said command officer shall have exclusive control of the firemen on the premises and shall be responsible for the supervision, positioning, and direction of the firemen.

      2.   Police personnel:

         a.   At least one member of the police department (hereinafter "policeman") shall be stationed on the premises for each one thousand five hundred (1,500) occupants.

         b.   Regardless of the number of occupants, at least two (2) policemen shall be on the premises at all times.

         c.   All policemen assigned to the premises shall be in uniform and carry two-way radios.

         d.   The chief of police of the police department shall appoint a command officer from among those policemen assigned to the premises. Said command officer shall have exclusive control of the policemen on the premises and shall be responsible for the supervision, positioning, and direction of the policemen.

      3.   The city personnel assigned to the premises pursuant to this section shall be and hereby are authorized to issue such other directives or orders, during the time that the permit is in effect, as may be reasonably necessary to ensure that the increased occupancy loads permitted by this section do not create a hazard to the public.

      4.   Additional personnel may be required by the fire chief and chief of police by so notifying the owner of the premises in advance of the effective date of the conditional occupancy permit.

      5.   The wages of all policemen and firemen assigned to the premises shall be paid by the city at the regular hourly or overtime rates then applicable. The owner shall reimburse the city for the cost of such wages, including any reasonable additional charges which the city may impose to cover administrative expense. The amount of such reimbursement shall be stated on the conditional occupancy permit and shall be paid to the city twenty four (24) hours in advance of the effective date of the conditional occupancy permit.

      6.   In the event the number of available city police or fire personnel are not sufficient to satisfy the requirements of this section, the city council may revoke or refuse to issue the requested conditional occupancy permit.

   H.   Enforcement:

      1.   In the event an owner fails to comply with: a) the terms of this section; b) the terms of the conditional occupancy permit, following the issuance thereof; or c) the directives or orders issued by the city personnel pursuant to their authority under this section, the chief of police, the fire chief or their designees shall be entitled to immediately revoke the conditional occupancy permit without further notice or hearing. In the event the conditional occupancy permit is revoked pursuant to this section, the chief of police, the fire chief or their designee shall be and is authorized to order and direct that the premises be vacated to such an extent as may be necessary to comply with the occupancy loads permitted by the international building code and international fire code.

      2.   It shall be a misdemeanor, punishable by incarceration not to exceed six (6) months and a fine not to exceed five hundred dollars ($500.00), for any person to violate any of the terms and provisions of this section, the terms of the conditional occupancy permit, or the directives and orders issued by city personnel pursuant to their authority under this section. Without limiting the foregoing, it shall be a misdemeanor punishable in the manner set forth above for any person to serve, use or consume alcoholic beverages or smoke any tobacco products or other materials on the premises after having been advised that such conduct is prohibited while the conditional occupancy permit is in effect. (Ord. 717, 2012)