This chapter establishes general performance standards for land and building development activity throughout the County. Additional performance standards specific to the various zoning districts will be found in chapters 4 through 12 of this title. Additional performance standards for subdivisions are found in chapter 14 of this title. (Ord. 2019-01, 1-14-2019)

Developments shall demonstrate continuing compliance with the applicable performance standards. (Ord. 2019-01, 1-14-2019)

   A.   Utilities:

      1.   On-Site Water Supply: Where reliance on individual water supplies is proposed, evidence shall be provided that an adequate quantity and quality of water is available for the proposed development. The required evidence may be in the form of documented experience with existing wells at geologically similar, neighboring sites or records of on-site well tests, and shall include, where appropriate, the necessary permit from the Idaho Department of Water Resources.

      2.   On-Site Sewage Disposal: On-site sewage disposal systems shall be sited, designed, and constructed in compliance with State standards.

      3.   Central Systems: Where provided, central water and sewerage utilities shall be sited, designed, and constructed in compliance with State standards. This may be required on subdivision lots of less than one acre.

      4.   Easements: No building shall be placed in any utility or irrigation easement, public or private. Only wire or rail fences, or solid wood fences with a separable section or gate across the easement may be constructed across utility easements. Note that private utilities and irrigators may impose more restrictive requirements on fences crossing their easements. The minimum lot size for a permitted residence is a minimum of one acre. In certain approved subdivisions, lot size may be less than one acre but not to exceed three (3) residences per acre with central systems.

   B.   Access:

      1.   Access Required: All developments and all lots or parcels within a development shall have safe direct access to a dedicated public road that meets the design and construction standards of the Power County Highway District. Provision of access, including road extensions shall be the responsibility of the developer.

      2.   Winter Road Maintenance: No development shall necessitate extension of winter road maintenance, except upon submission of a study prepared by competent professionals, at the developer's expense, clearly demonstrating that the tax revenues generated by the proposed development will cover the costs of extending winter maintenance. All applications in areas where there is no winter road maintenance shall include a signed and dated acknowledgement showing that the applicant understands that there is no winter road maintenance.

      3.   Clear Vision Triangles: Clear vision triangles shall be provided at all intersections and all points of access to public roads, and maintained as follows:

         a.   No solid fence or wall, planter, hedge, shrub, or other visual obstruction more than three feet (3') in height above grade shall be permitted within a clear vision triangle;

         b.   No parking shall be permitted within a clear vision triangle; and

         c.   Trees shall be permitted in clear vision triangles, but only if all branches are removed to a height of at least seven feet (7') above grade.

      4.   Access To Arterials: The number of points of access to arterial roads shall be minimized.

      5.   Access To Commercial And Industrial Uses: No commercial or industrial use shall have its principal access through an existing residential development or any area in the RR Zoning District.

      6.   Multiple Points Of Access: All developments containing sixteen (16) or more dwelling units, or with a distance of more than one thousand three hundred twenty feet (1,320') from a public road which is maintained on a year round basis, shall provide a minimum of two (2) points of ingress and egress from the public road or highway serving the development. "Loop" systems that return to a single point of access to the public road may be acceptable for relatively small developments (1,000 or less projected average daily trips).

   C.   Off-Street Parking And Loading: All uses shall provide off- street parking and loading areas as required by section 10-17-4, appendix D of this title. Snow storage shall not be permitted to reduce the size of required off-street parking or loading areas. (Ord. 2019-01, 1-14-2019)

   A.   Hazardous Substances: Any use that is, or may reasonably be expected to be, subject to the reporting requirements of the Emergency Planning and Community Right-To-Know Act of 1986 (EPCRA) shall demonstrate continuing compliance with State and Federal requirements for the storage and handling of hazardous substances.

   B.   Nuisances: Potential nuisances and hazards shall be mitigated by appropriate means. Creation of any of the nuisances listed in subsections B1 through B7 of this section shall be a violation of this title, subject to the penalties provided in subsection 10-2-6E of this title.

      1.   Noise: No commercial or industrial development shall create excessive levels of noise adversely affecting other commercial or residential uses. Excessive noise, as measured at the property line of the affected use, is any noise that exceeds the standards of table 1 of this subsection:

TABLE 1

DETAILED PERFORMANCE STANDARDS FOR NOISE

L10   Means this noise level may be exceeded 10 percent of the time.

dBA =    Decibels.

 

 

      2.   Light, Glare, Heat: No commercial or industrial development shall direct light, glare, or heat beyond its property line or, in the case of industrial uses, beyond the boundary of an Industrial Zoning District. Welding equipment and other sources of intense light or glare shall be shielded from the view of neighboring properties or public ways by enclosure in a building, location on the property, or construction of a fence or wall.

      3.   Dust, Smoke: No development shall generate dust, smoke, odors, or other airborne pollutants that travel beyond its property line, or in the case of industrial uses, beyond the boundary of an Industrial Zoning District, except as permitted by State and Federal air quality standards.

      4.   Drainage: No development shall channel liquid waste or storm or melt water runoff so as to adversely affect neighboring properties or public ways.

      5.   Solid Waste Storage:

         a.   Solid waste shall be stored in enclosures or containers and in such a manner as not to attract rodents or other vermin, be susceptible to spillage by dogs or cats, generate odors beyond the property line or liquid runoff; or permit blowing of paper and other lightweight waste.

         b.   No solid waste, including construction or demolition debris shall be buried or otherwise disposed of, except:

            (1)   At a site permitted by State and Federal law, and approved as a heavy industrial use in compliance with this title; and

            (2)   Where permitted by State and Federal law, and the IBC, as rubble fill for a construction site.

      6.   Weed Control: As required by Idaho Code section 22-2407, "It shall be the duty and responsibility of all persons and nonfederal agencies to control noxious weeds on land and property they own".

      7.   Livestock On Residential Lots: All areas in which livestock or domestic animals are confined shall be maintained so as not to create a nuisance impacting neighboring properties with noise, odors, insects, or dust. See section 10-13-9 of this chapter for livestock criteria.

   C.   Excavation And Grading: Section 1804.3 of the International Building Code has been adopted to regulate excavation and grading activities.

   D.   Steep Slopes, Bluffs, And Canyon Rims:

      1.   No development shall be permitted on slopes of thirty percent (30%) or more, or other slopes identified as unstable, or within three hundred feet (300') of the top edge of bluffs of seventy five feet (75') or more in height, except where a geotechnical engineer certifies that such development creates no significant hazard of slope failure or accelerated soil erosion. Note that the IBC may require geotechnical reports for certain developments on lesser slopes.

      2.   All structures shall be a minimum of one hundred feet (100') from the Snake River Canyon rim and other canyon rims which are composed of solid rock cliffs. Other canyon rims shall be treated as a bluff.

   E.   Reservoir Setbacks; American Falls Reservoir: All structures shall be at least three hundred feet (300') from the high water mark of American Falls Reservoir. Exception: Uninhabited structures associated with water-related outdoor recreation areas and marinas may be permitted within three hundred feet (300') of the high water mark of American Falls Reservoir. The location and design of such excepted structures shall be reviewed by the Bureau of Reclamation with a written report of their findings and requested recommendations being submitted with the application for review by the County.

   F.   Alluvial Fans: Development on alluvial fans shall be designed to minimize debris flow and sheet flooding hazards. Alluvial fans shall be identified on a case-by-case basis, using geologic maps and field investigations.

   G.   Wildfire Hazards: All developments in or adjacent to forested areas, or areas of flammable brushy vegetation shall:

      1.   For individual structures, including single-family dwellings: provide a fire defensible space of at least thirty feet (30') around the home or structure. A "defensible space" is one in which trees are thinned so that crowns do not overlap or touch, woody brush is removed or substantially thinned, and dead fuel is removed. Maintenance of the defensible space is a requirement for continuing compliance with this title.

      2.   For subdivisions: thin timber and remove dead fuel from the entire site, and provide appropriate perimeter and, in larger developments, internal fuelbreaks. A fuelbreak is a strategically located strip of land in which the timber has been thinned and fuel removed to create an open "park-like" appearance. Fuelbreaks either include roads or are accessible to firefighting apparatus. Fuelbreaks are generally at least two hundred feet (200') in width, with the width increasing on slopes over ten percent (10%).

   H.   Childcare Services: Childcare services shall be provided in compliance with this title and State law 1 , as well as compliance with performance standards for home occupations. Refer to section 10-17-2, appendix B of this title. (Ord. 2019-01, 1-14-2019)

   A.   Use Of Required Yards: Yards created by required setbacks shall remain unenclosed, except as permitted by this performance standard. This does not refer to fencing the yard.

      1.   Overhangs, Extensions: Eaves, rain gutters, bay windows, and similar above-grade extensions may extend no more than three feet (3') into a required yard.

      2.   Accessory Buildings: Accessory buildings shall be permitted in side and rear yards, with a minimum setback of ten feet (10') from any property line.

      3.   Loss Of Required Yard Space: No space required to make up any required yard, or to maintain the required maximum lot coverage, shall be removed from the lot by sale, lease, or other conveyance.

      4.   Exception For Nonconforming Subdivisions: In residential subdivisions platted prior to the effective date hereof where recorded covenants dictate front, side, and rear setbacks for single-family dwellings that are less than those adopted herein, new development shall be approved where the setbacks provided by the covenants are observed, provided that:

         a.   The subdivision was not vacant on the effective date hereof;

         b.   The dwellings that exist in the subdivision have observed the setbacks provided by the covenants;

         c.   The front setback along arterial roads will not be reduced; and

         d.   No setback will be insufficient for access by firefighters.

   B.   Land Use Compatibility: The review of special use permit applications and proposals for Zoning Map amendments shall include a determination that the proposed development or type of development is compatible with neighboring uses, with compatibility being evaluated using each of these factors:

      1.   Lot coverage and the extent of landscaping, including the effectiveness of proposed landscaped buffers;

      2.   Building bulk, height, and scale;

      3.   The effect on scenic views from adjoining properties and public spaces;

      4.   Activity levels, as measured by traffic and noise generation, parking requirements, the number and size of signs, hours of operation, and similar indicators; and

      5.   The extent of functional connections with adjoining developments (existing and anticipated), including shared access to arterials, shared parking and service access, shared buffering and open space, and shared pedestrian circulation.

   C.   Land Use Along Arterial Roads: Where residential development is proposed along an arterial, reverse frontage, deep lots, and landscaped buffers installed by the developer shall be used to separate homes and traffic. Landscaped buffer standards are found in section 10-13-8, table 2 of this chapter.

   D.   Landscaped Buffers: Landscaped buffers shall be provided as required by section 10-13-8, table 2 of this chapter, and section 10-17-3, appendix C of this title.

      1.   Wherever landscaped buffering is required by this title, a planting plan shall be required as part of the application for a permit. That plan shall show the width of the buffer; the number, size, and species of all proposed plant materials, how the proposed buffer will be graded (i.e., level, berm, swale); how irrigation will be provided, and, where applicable, the location of any fences, walls, sign poles or pedestals, or other structures that will be placed in the buffer.

      2.   Existing vegetation shall be retained to serve required buffering or screening functions wherever possible.

   E.   Irrigation Systems: All developments including or adjoining irrigated lands, or including or adjoining any irrigation works (diversions, head gates, canals, pumps, drains, etc.) shall be reviewed by the responsible irrigation entity. No development shall be permitted to adversely impact the operation of any irrigation system. See section 10-14-6 of this title for additional requirements for the subdivision of irrigated land.

   F.   Temporary Uses: Any use permitted in the A, HI, LI, REC or C Zoning Districts may also be established as a temporary use in those zoning districts.

      1.   Development Permit: A development permit (see section 10-2-2 of this title) shall be required for a temporary use, but the duration of the permit shall be for a specified term not exceeding ninety (90) days.

      2.   Access And Parking: No temporary use shall reduce the number of parking spaces provided by any other use below that required by section 10-17-4, appendix D of this title, or interfere with safe access to a property or circulation through any parking or loading area. (Ord. 2019-01, 1-14-2019)

   A.   Stream Corridors: A minimum development setback of fifty feet (50') from the annual average high water mark shall be required along all streams, perennial and intermittent. Use of the buffers created by this requirement shall be compatible with the protection of stream corridor values.

      1.   Stream corridors may be left in, or restored to, native riparian or wetlands vegetation or planted as lawns. They may not be developed in any way, except as permitted below.

      2.   Roads and utility lines may cross stream corridors, but the number and width of such crossings shall be minimized. Roads may be required to cross a stream on a bridge rather than with a culvert and fill, where the County, in consultation with the Idaho Fish and Game Department determines that a bridge crossing is necessary to protect the fishery.

      3.   Irrigation works (dams, head gates, ditches, etc.) may be placed in stream corridors, as may hydroelectric power generation facilities, upon issuance of all required State and Federal permits.

      4.   Boat ramps, docks, and piers may be installed within stream corridors, but shall occupy no more than ten percent (10%) of the stream frontage on any lot or site, with a minimum disturbance of twenty four feet (24') permitted on any lot or site. Note that State or Federal permits may be required for the disturbance of stream channels.

      5.   The development setbacks required here shall be clearly shown on final site plans and plats. In subdivisions, the setback line shall be located by a permanent monument on each lot line that runs more or less perpendicular to the stream and at the center of each lot that borders the stream.

      6.   Note that use of stream corridors may also be affected by the performance standards of chapter 11 of this title.

   B.   Wetlands: All developments shall demonstrate compliance with State and Federal wetlands protection requirements.

   C.   Historic And Archeological Sites: Archeological and historical sites shall remain undeveloped, except where:

      1.   Historic buildings are restored for use, in compliance with the "Secretary of Interior's Standards for Rehabilitation and Guidelines for Rehabilitating Historic Buildings"; or

      2.   The PZC finds that preservation of the site will create a severe hardship on the developer. In such cases, the developer shall be required to provide documentation of the site's value before it is disturbed.

   D.   Wildlife Habitat: Important wildlife habitat shall remain undeveloped, except where the PZC finds that its protection will create a severe hardship on the developer. In such cases, the developer shall be required to implement a plan for wildlife habitat protection. That plan shall:

      1.   Identify the important wildlife habitat area, the principal species present, and species used as "indicators" in the habitat protection plan;

      2.   Identify existing wildlife habitat elements, including sources of water, vegetative cover, and migration routes or other wildlife use areas;

      3.   Show how land disturbance will be minimized in order to maximize retention of large habitat patches;

      4.   Show how the site plan provides for movement of wildlife through or around developed areas and the connection of habitat patches;

      5.   Show how disturbed areas will be revegetated with native plants and how revegetation will result in a volume, structure, and diversity of vegetation similar to that found in the existing habitat; and

      6.   Show how occupants will be educated in order to promote long- run maintenance of the habitat protection features of the site plan. (Ord. 2019-01, 1-14-2019)

A large-scale development includes forty (40) or more residential lots or units or commercial uses that will potentially generate four hundred (400) or more average daily trips.

   A.   Purpose; Inclusions: Large-scale developments shall provide additional on- and off-site public facilities necessitated by their development. Such facilities shall be provided in compliance with all requirements of this title and may include: off-site runoff and erosion control measures; central sewerage systems; such off-site road improvements as deceleration or acceleration lanes, left turn lanes, signs or signals, and bridges or culverts; solid waste transfer stations; emergency services buildings and apparatus, including fire engines and ambulances; neighborhood parks (which may include space used for recreational trails) at a rate of two (2) acres per 1,000 population; and school buildings, including additions to existing buildings.

   B.   Development Study; Fees; Hearing: The public facilities' needs of any large-scale development shall be determined through a fact-finding process conducted by the PZC, at the expense of the developer. The commission may retain professional planners and/or engineers to conduct this study, the purpose of which shall be to determine what new facilities' needs may be attributed to the proposed development. The large-scale development study process shall be conducted as follows:

      1.   The Administrator shall determine whether a proposed development is a "large-scale development" as defined by this title;

      2.   The Administrator shall not approve a permit for or schedule a hearing on an application determined to be for a large-scale development, but shall, instead, place initiation of a large- scale development study on the agenda of the next regular commission meeting; at which

      3.   The commission shall review the application. If it confirms the Administrator's determination, the commission shall require a large-scale development study.

      4.   Where a large-scale development study is required, the developer shall place a deposit with the Administrator in the amount required by the resolution establishing fees for the administration of this title. The Administrator shall retain appropriate professional assistance for the study, drawing against the deposit as necessary. Additional actual costs shall be billed to the developer, with such costs being paid before a hearing on the application is scheduled. Any unused funds shall be returned to the developer upon completion of the study.

      5.   An application shall be considered complete and a hearing conducted only after completion of the large-scale development study.

   C.   Fire Protection: Large-scale developments shall be in, or annexed to, a fire protection district 1 .

Exception: A mine or similar resource-dependent development may provide its own fire protection. (Ord. 2019-01, 1-14-2019)

 

Note:

   1.    See section 10-17-3, appendix C of this title.

Detailed performance standards for the design and installation of buffers are found in section 10-17-3, appendix C of this title. Note that the buffering requirements of this table apply in both directions. That is, a residential development proposed adjacent to an existing commercial use would have exactly the same buffering responsibility as a new commercial development proposed next to a residential subdivision.

(Ord. 2019-01, 1-14-2019)

The purpose of the requirements for this section 10-13-9 will apply to Residential, Rural Residential and Recreational zoned areas of Power County and will be as follows:

   A.   To promote and protect the health, comfort and general welfare of the public.

   B.   To minimize damaging effects to the environment, increase property values and the quality of life in Power County. (Ord. 2019-01, 1-14-2019)

ANIMAL, DOMESTIC: Animals customarily reared as pets, including dogs, cats, rabbits, fish, etc., and farm animals.

ANIMAL, FARM: See definition of "livestock".

ANIMAL UNIT: Livestock shall comprise animal units as follows: cows and horses, one unit each, but one-half (1/2) unit if less than one year of age; sheep and goats, one-half (1/2) unit each, but one-fourth (1/4) unit if less than one year of age; rabbits and fowl, one unit for twenty five (25) of any species or combination thereof.

ANIMAL, WILD: Animals that are customarily not reared as domestic animals or livestock.

FARM SERVICE: Includes all uses as addressed in Power County Comprehensive Plan, agricultural uses, animal husbandry services, horticultural services, wholesale agricultural chemicals, and wholesale and retail farm equipment and supplies.

FEEDLOT: See definition of CAFO, section 10-21-1 of this title.

KENNEL: Any place other than a veterinary hospital on which more than four (4) dogs and/or more than four (4) cats, of six (6) months in age or older are kept, or any number of dogs or cats are kept for the purpose of sale, placement, boarding, care, or breeding.

   Commercial Kennels: Any location where one or more female dogs are kept primarily for breeding and the offspring thereof are sold for profit, and any location other than a veterinary hospital, where dogs are received for boarding and/or care.

   Hobby Kennels: Any location other than a veterinary hospital and a commercial kennel where four (4) or more dogs over four (4) months of age are kept.

LIVESTOCK: Defined to consist of cows, inclusive of all bovine; sheep, inclusive of all ovine; goats, inclusive of all caprine; horses, inclusive of all equine; rabbits; and fowl, inclusive of all turkeys, chickens, ducks, geese and pigeons.

PUBLIC NUISANCE: The unreasonable, unwarranted, or unlawful use of one's property in a manner that substantially interferes with the enjoyment or use of another individual's property, without an actual trespass or physical invasion to the land. (Ord. 2019-01, 1-14-2019)

   A.   Animal Types And Units:

      1.   Except as otherwise provided in this section 10-13-9, it is unlawful and punishable as a misdemeanor for any person to own, harbor, keep or possess any animal within Power County except household pets and livestock. It is further unlawful and punishable as a misdemeanor for any person owning, harboring, keeping or possessing any such livestock to fail to comply with the regulations set forth in subsection 10-13-9-3A2 and section 10-13-9-4 of this section 10-13-9.

      2.   Livestock shall comprise animal units as follows: cows and horses, one unit each, but one-half (1/2) unit if less than one year of age; sheep and goats, one-half (1/2) unit each, but one- fourth (1/4) unit if less than one year of age; rabbits and fowl, one unit for twenty five (25) of any species or combination thereof.

         a.   Other domestic animals not included in livestock definitions such as cats and dogs are not subject to animal unit totals. (Ord. 2019-01, 1-14-2019)

   A.   The following minimum facilities standards shall be maintained:

      1.   No animal unit shall be allowed on any property of less than twenty one thousand, seven hundred eighty (21,780) square feet.

      2.   Not more than one animal unit shall be kept on any property consisting of twenty one thousand, seven hundred eighty (21,780) square feet; provided, however, that the animal unit shall be enclosed in a pen or corral containing at least eight hundred (800) square feet.

      3.   For each ten thousand feet (10,000') of property area in excess of twenty one thousand, seven hundred eighty (21,780) square feet, one additional animal unit may be kept; provided, however, that each animal unit shall be enclosed in a pen or corral containing at least eight hundred (800) square feet per animal unit. (Ord. 2019-01, 1-14-2019)

   A.   Livestock may be kept on property of fifteen thousand (15,000) square feet or more, but less than twenty one thousand, seven hundred eighty (21,780) square feet in size, if:

      1.   The property is zoned Agricultural and meets the agricultural requirements addressed in the Power County Comprehensive Plan.

      2.   If the property is sold by the individual who owned the property or if that owner of the property fails to have livestock upon the property for a period of greater than twelve (12) months, then the permitted use of the property for purposes of keeping livestock terminates.

   B.   Two (2) or more platted lots in a subdivision can be combined to attain a twenty one thousand, seven hundred eighty (21,780) square foot or greater parcel of property for purposes of meeting the requirements of section 10-13-9-4 of this section 10-13-9.

   C.   Any subdivision passed and approved after October 1, 2018, which contains lots of twenty one thousand, seven hundred eighty (21,780) square feet or greater shall be presumed to allow livestock unless prohibited by contract, private deed restriction, restrictive covenant or other action taken by the subdivision owner/developer.

   D.   All pens or corrals required under section 10-13-9-4 of this section 10-13-9 and all sheds, stables, coops or other structures used for keeping animals, shall be located not less than twenty five feet (25') from any structure used for human habitation. Fences or pens, corrals or similar enclosures must be of sufficient height and strength to retain the animals. All structures, including sheds, corrals and stables, shall be constructed and maintained in a manner consistent with the structures located on surrounding properties. Standings under roofed stables or sheds, and pens or corrals, shall be provided with proper drainage and shall not create offensive odors, fly breeding and other nuisances.

   E.   The standards in subsections A through D of this section shall not apply to animals being treated or kept at a duly licensed veterinary hospital or commercial kennel, nor shall they apply to special and temporary events such as rodeos and livestock expositions.

   F.   Compliance with all animal control regulations set forth in this Code shall be the joint obligation of the owner of the property where the animal in question is located and of the owner or person having charge of the animal.

   G.   All zoning provisions of this title shall be followed. Any conditional use permits, if required, shall be acquired prior to the placement of livestock in any area. (Ord. 2019-01, 1-14-2019)

   A.   Notwithstanding any of the provisions of this section 10-13-9, the keeping of not more than twenty five (25) domestic fowl is permitted within the rear yard of any single-family dwelling located in a Rural Residential Zone of adequate size per section 10-13-9-4 of this section 10-13-9, provided the following requirements are observed:

      1.   Such fowl on the premises shall not be raised, sold or slaughtered for pecuniary gain or profit.

      2.   For the purposes of this section, the term "rear yard" means a rural residential yard lying between the rear lot line and the nearest foundation line of the main building and extending across the full width of the lot. In the case of a corner lot where the building fronts on a side street, the rear yard may be established from the rear of the house to the side property line.

      3.   Birds shall be kept in an enclosed area within fences, corrals, barns, pens, coops, or other similar enclosure which shall serve to contain them, both on the sides and from flying out the top.

      4.   Bird enclosures must comply with setback requirements.

      5.   Birds shall be kept so as to not cause adverse impacts on neighboring properties. This includes, but is not limited to, such impacts as odor, noise, drainage, erosion, and insects. The presence of such impacts can constitute a public nuisance that the County may cause to be abated. (Ord. 2019-01, 1-14-2019)

Bees shall not be considered "animals" or "livestock" as defined in this section 10-13-9 and the keeping of the same shall be governed by the provisions of this Code regarding nuisances. (Ord. 2019-01, 1-14-2019)

   A.   Kennels:

      1.   No person shall operate or maintain a kennel within Power County without first obtaining a special use permit. No special use permit shall be issued unless the location of the proposed kennel is in accordance with the provisions of the Power County Comprehensive Plan and the Land Use Ordinance as embodied in this title.

      2.   No "commercial kennel" or "hobby kennel", as defined herein, which constitutes a nonconforming use under the terms and provisions of this section 10-13-9, shall be operated or maintained in violation of the terms and provisions of this section 10-13-9, or within any zoned area in which the same is not permitted.

         a.   Exception:

            (1)   A Zone operations: Operations that utilize an animal in a working capacity including but not limited to mousing, herding, security, etc., are exempt from this section.

      3.   Confined animal feeding operation (CAFO) or feed lots are not governed by this section. (Ord. 2019-01, 1-14-2019)

Any person, firm, or corporation who fails to comply with, or violates any of the provisions of this section 10-13-9 shall be considered an infraction except in those circumstances where this section 10-13-9 specifically designates a violation to be a misdemeanor.

   A.   An initial violation of this section 10-13-9 constituting an infraction shall be punishable by a fixed and set fine of seventy five dollars ($75.00) when the violator has not previously been convicted of a violation of this section 10-13-9.

   B.   A second or subsequent violation of this section 10-13-9 constituting an infraction shall be punishable by a fixed and set fine of one hundred dollars ($100.00) when the violator has been previously convicted of an infraction violation of this section 10-13-9 in the previous five (5) years.

   C.   Upon conviction of an infraction, third (3rd) within the previous five (5) years, each subsequent violation or failure to comply shall constitute a misdemeanor violation, and upon conviction thereof shall be subject to a fine of up to one thousand dollars ($1,000.00), and imprisonment in the County Jail for a period of not more than six (6) months, or both. Damages in the amount of three (3) times the actual damage, may be imposed.

   D.   Each day on which a violation occurs may constitute a separate offense.

   E.   The fine amounts set forth above for infraction or misdemeanor offenses shall be separate and apart from any court costs assessed pursuant to Idaho Code section 31-3201A or any other provision of law. (Ord. 2019-01, 1-14-2019)