Twin Falls City Zoning Code
TITLE 8
PUBLIC WAYS AND PROPERTY
CHAPTER 5 WATER SYSTEM REGULATIONS
(Rep. by Ord. 2019, 8-10-1981)
CHAPTER 6 CITY IRRIGATION SYSTEM
(Rep. by Ord. 2132, 12-17-1984)
8-1-1: DESIGNATION:
All streets, avenues and alleys within the corporate limits of the City which have been laid out, platted and dedicated as required by law by any owner or owners of the land included in such plats and dedications, which have been accepted by the City by special ordinance, or by being worked by the City under the authorization therefor by the City Council, and which have not been vacated, are the streets and avenues and alleys of the City, subject to the power of the Council to open, close, widen, extend and vacate the same as provided by law. (1958 Code, ch. IV, art. 1)
8-1-2: STREET GRADES:
The grades given and shown in detail upon the plat of the City, as prepared by C.H. Mull, City Engineer, under certificate of said Engineer, dated May 20, 1909, as subsequently amended, and on file in the office of the City Clerk, be and the same are hereby adopted and declared to be the established grades of said City upon the streets and alleys as shown thereon.
The City Engineer shall establish grades for all new streets and alleys taken into the City and for all streets and alleys not now graded and shall file records of the same in the form of profile drawings with the City Clerk. Such grades shall become official upon filing with the City Clerk.
The elevation figures shown upon maps and profile drawings or set forth in ordinances refer to Local Datum which is hereby established by the monument at the corner common to Sections 15, 16, 21 and 22, Township Ten (10) South, Range Seventeen (17) East, B.M., the top of said monument being at elevation 3812.07 feet above sea level. (1958 Code, ch. IV, art. 1)
8-1-3: NAMES OF STREETS AND AVENUES:
The names of streets and avenues as given and shown on the map of the City adopted by the City Council on February 25, 1957, and on file in the office of the City Clerk, or as may hereafter be renamed by said Council, are hereby declared to be the names of the same. Names of all streets and avenues hereafter dedicated shall be approved by the City Council. (1958 Code, ch. IV, art. 1)
8-1-4: HOUSE NUMBERING:
All dwelling and business house numbers within the City shall be determined and assigned by the City Engineer and shall conform to the numbering map approved by the City Council, February 25, 1957, and on file in the office of the City Engineer.
Every owner, or other person having control of any dwelling or business house within the City, shall place or cause to be placed on the front of said building the proper number thereof in conformity with the provisions of this Section, which numbers shall be not less than three inches (3") in height and shall be so placed as to be plainly visible from the street. (1958 Code, ch. IV, art. 1)
8-1-5: VEGETATION ENCROACHMENT:
Every owner, tenant, or occupant of the premises abutting or adjoining any public right of way shall be required to trim or remove any trees, shrubbery, or plant growth which encroaches over any sidewalk, beyond any curb line, or over the edge of the pavement in such a manner as to violate the following provisions:
(A) No trees, shrubbery or plant growth of any kind shall encroach over any sidewalk below a height of seven feet (7') above the sidewalk.
(B) No trees, shrubbery or plant growth of any kind shall encroach beyond the curb line or edge of pavement into any street or alley below a height of thirteen feet (13') above the street or alley surface. (Ord. 2491, 7-3-95)
8-2-1: PERMIT REQUIRED:
It is unlawful for any person, firm or corporation, other than authorized City employees, to commence to repair, improve, alter or otherwise perform any street maintenance or work upon the public streets or Rights-of-Way within the City without first having obtained a permit from the Public Works Director. In granting a permit under this Chapter, the Director shall have the authority to impose any conditions necessary to safeguard the public interest, including, but not limited to, conditions on use, construction, indemnity, insurance and compensation to the City for degradation of the useful life of streets and the Rights-of-Way. (Ord. O-2022-009, 2-28-2022)
8-2-2: APPLICATION AND PERMITS:
Any person, firm or corporation required to obtain a permit for work in, or business use of, a public street or Rights-of-Way shall file an application therefor with the Director of the Department of Public Works. The application shall be in writing, shall conform to the City Specifications and Standard Drawings and any amendments thereto, and shall be upon forms provided by the City. It shall contain information showing the type of construction, the length, the exact location, the purposes and other information which may be required by the Public Works Director. The provisions of this section shall apply to any person, firm or corporation qualified for and seeking permits for street openings or work in the public streets and Rights-of-Way of the City. (Ord. O-2022-009, 2-28-2022)
8-2-3: DENIAL OF APPLICATION:
Wherever work in the public streets or Rights-of-Way within the City will create an exceptional traffic hazard or will unreasonably restrict the use of City streets, will create an impediment to the free movement of vehicles upon the aforementioned streets, or an inordinate disruption of parking space at the curb of aforementioned streets, or a hazard to the travel or safety of pedestrians thereon, the Public Works Director, at his/her discretion, may deny any application, or part thereof, made under the terms of this Chapter. (Ord. O-2022-009, 2-28-2022)
8-2-4: APPROVAL OF PERMITS:
Permits for any work involving the removal or destruction of any street surfacing, curb, curb and gutter, sidewalks, signs or other structure with public right of way shall be approved by the City Engineer.
A permit for performing work in or upon any public right of way shall not relieve the permittee of responsibility for the safety of water lines, sewer lines, electrical cables, conduit or any other structures, material or equipment which may be either above or below the ground, nor shall any such permit allow the permittee to enter upon any private property.
Permits shall not be granted for any improvement, excavation, fill, construction, repairs or any other work within the public right of way unless the contemplated work includes the construction of curb on all streets adjoining the property where adequate curbing does not exist at the time of application nor shall any permit be granted for any work within the streets adjoining any business property unless the contemplated work includes the construction of curb and sidewalk on all streets adjoining the property where adequate curbing and sidewalks do not exist at the time of application, except that in the Manufacturing Zones, as defined in this Code 1 , this requirement may be waived on approval of the City Council.
Permits shall not be granted for any work within or upon any public right of way bordering on any property having motor vehicle fuel pumps, driveway approaches, signs, sidewalks, curbs or other structures which do not conform to the existing requirements unless such items are to be reconstructed, removed or altered to conform to the existing requirements and regulations.
Permits shall not be granted for the use of any material other than Portland cement concrete for any new construction bordering on any business property within the space between the property line and the curb line of any street. (Ord. O-2022-009, 2-28-2022)
8-2-5: PROGRESS OF WORK:
Whenever any work is done in or upon any public right of way, such work shall, when once commenced, be continued to completion without unnecessary delay. If, at any time during the progress of the work, the work is left unattended for a period of more than twenty-four (24) hours, the superintendent of streets may restore the site to its original condition and the person responsible for the work shall be billed for the expense of such restoration. (Ord. O-2022-009, 2-28-2022)
8-2-6: SAFETY, WARNING SIGNS, AND BARRICADES:
The safety requirements of the City and of the state of Idaho, as applicable to any work for which a permit is required hereunder, shall be observed.
Anyone doing any work in or upon any public right of way, whether by permit or otherwise, shall, if such work is not completed before sunset, provide a fence or other suitable obstruction around the site of such work and shall provide a minimum of four (4) flares or lights and keep them burning throughout the hours from sunset to sunrise. (Ord. O-2022-009, 2-28-2022)
8-2-7: DITCHING ACROSS PUBLIC RIGHT OF WAY:
When, for any reason, it is necessary to run a ditch of any depth across more than one-half (½) the width of any street, excavation and backfilling shall be completed on one-half (½) of the street before any excavation is started on the other half. Whenever such ditching is to be done, the person responsible for the work shall inform the police and fire departments not less than two (2) hours before the work is scheduled to start and shall notify the police and fire departments as soon as the work is completed. Backfilling shall be done in accordance with city specifications for sewer construction. (Ord. O-2022-009, 2-28-2022)
8-2-8: AWNINGS:
It shall be unlawful for any person to place, erect, construct or maintain any awning, shade or other structure of any kind or for any purpose over or above the sidewalk space of any street or avenue within the city, unless each and every part thereof other than the cloth or fabric covering shall be at least seven feet (7') above the surface of the sidewalk, and unless each and every part of the cloth or other fabric covering and fringe be at least six and one-half feet (61/2') above the sidewalk. Provided, that this section does not, and shall not, be deemed to affect or change in any way the provisions for height of electric or other signs 1 . (Ord. O-2022-009, 2-28-2022)
8-2-9: USE RESTRICTIONS:
(A) Fires: It shall be unlawful for any person to set or maintain a fire on any public right of way 1 .
(B) Rubbish And Waste: It shall be unlawful for any person to sweep, throw, drop, leave or otherwise place any paper, rubbish, dirt, ashes, waste, trash, weeds, grass or other like substances on any public right of way.
(C) Obstruction Of Streets: It shall be unlawful for any person to obstruct in any way any public right of way except by permit issued under this code.
(D) Horses And Animals: It shall be unlawful for any person to leave any horse, mule or team standing in any street or public place or an enclosure without a rider or driver, unless such horse, mule or team is securely fastened.
(E) Driving Over Curb: It shall be unlawful for any person to drive or cause to be driven any vehicle, team, or wagon over or upon any curbing or sidewalk, except at locations where an approved crossing has been provided. (Ord. O-2022-009, 2-28-2022)
8-2-10: WEIGHT RESTRICTIONS:
It shall be unlawful to drive or haul or cause to be driven or hauled any vehicle of which the weight, or distribution of the weight or the length of a single vehicle, or the combined length of joined vehicles or the width shall exceed in any respect that or those allowed by any statute of the state now or hereafter in effect, or any regulation of the state highway department now or hereafter in effect, or any regulation of any highway district in the city which now is or hereafter may be in effect; or to drive or haul, or cause to be driven or hauled, any vehicle having projecting hard knobs or parts upon any of its wheels, except upon permission of the city engineer, which permit shall designate the street or streets to be traveled; or to move any weight or article upon or over any street or streets to be traveled; or to move any weight or article upon or over any street unless the same be mounted upon, and the weight thereof borne by, wheels. Provided, however, that this section shall not apply to the moving of buildings 1 under special permit granted by the city council or to the operation of any vehicles or equipment by the City in the care of or work upon its streets and alleys. (Ord. O-2022-009, 2-28-2022)
8-2-11: COUNCIL MAY ORDER CONSTRUCTION:
The City Council may from time to time by order or resolution entered upon its minutes, order and direct the construction or repair of any sidewalk in the manner designated in the order and when any sidewalk shall be so ordered built, rebuilt or repaired, and the owner shall fail or neglect to build, rebuild or repair the same, the same may be done by the Superintendent of Streets or by the contractors who may agree to do the same, and such contract shall be awarded to the lowest responsible bidder therefor. The City Clerk shall, as the City Council may direct, advertise for bids for the construction of sidewalks in a newspaper published in the City.
The Clerk shall, upon the passage of any order or resolution of the Council directing the building or repair of any sidewalk, cause a written notice to be served on the owner or owners of the property abutting, fronting on or adjacent to the sidewalks to be constructed, notifying them to construct the same in accordance with the provisions of this Chapter and the order or resolution directing the construction of the same, within fifteen (15) days from the date of the service of said notice, which notice may be served by delivering a copy thereof to the owner or owners, his or their agent, or by leaving a copy thereof at the usual place of abode of the owner with any member of the owner’s family over the age of fifteen (15) years. In case any owner is a nonresident, or his place of abode cannot be found, then the Clerk shall cause said notice to be published for four (4) weeks in a newspaper published in the City.
If, at the expiration of the time for which said notice is given, the said sidewalk shall not be built by the owner of the property abutting, fronting on or adjacent to the same, then the Superintendent of Streets or contractor shall proceed as soon as practicable to construct the proper sidewalk as provided by this Code, and in accordance with the order or resolution directing the construction of the same.
When any sidewalk shall need repairing or rebuilding to conform to the requirements of this Code, the Superintendent of Streets may cause notice signed by the City Clerk to be given to the owner of the property fronting on or abutting on or adjacent to such walk requiring the repair to be made within fifteen (15) days, or the rebuilding to be done in fifteen (15) days. The serving of notice shall be made in the same manner as provided above and if the same is not repaired or rebuilt within the time above specified, it may be repaired or rebuilt by the Superintendent of Streets or contractor in the same manner and upon the same terms as provided for first construction.
As soon as the building, rebuilding or repairing of any sidewalk shall be completed, the sidewalk shall be inspected by the City Engineer, and if it be constructed or repaired in conformity with this Code and the order or resolution ordering the same and the contract, if one is made, a certificate shall be issued to the Superintendent of Streets or contractor as the case may be, which shall state the amount of sidewalk constructed by the Superintendent of Streets or contractor, the street or avenue, where constructed and the description of the lots and blocks in front of, abutting on or adjacent to which such sidewalk is built and the amount due for that fronting on, abutting or adjacent to each lot.
Upon the presentation of one or more such certificates to the City Clerk, he shall assess the amount of such certificates separately upon the lots fronting, abutting on or adjacent to the sidewalks built or repaired, and record and file the assessment roll in his office. At the next regular meeting of the City Council the Clerk shall notify said Council of the fact that he has made such assessment.
The City Clerk shall immediately thereafter give the lot owner notice of such assessment by publication for a period of three (3) days in a newspaper published in the City, notifying such owner to appear before the Council at its next regular meeting, giving time and place of such meeting, that such property owner may be heard before the Council as to the justness and correctness of the amount so assessed.
In case the owner shall fail to pay such assessment or fail to appear and make objections or shall fail to have his objections sustained by the Council, then the assessment, unless the same be paid within ten (10) days after such hearing, shall be certified by the City Clerk to the proper County officer having custody of the tax list of Twin Falls County, at the time the said certificate is made, in the same manner as other City taxes are certified to said officer.
All such assessments shall be known as special assessments for sidewalk, and shall be levied and collected as a separate tax in addition to the taxes for general revenue purposes to be placed on the tax roll for collection, subject to the same penalties and collected in the same manner as other City taxes.
As soon as the City Clerk has so certified such assessment he shall draw and issue a warrant to the contractor or Superintendent of Streets as the case may be for the amount called for in the certificate by the City Engineer upon the sidewalk fund which shall be signed by the proper officers of the City and registered in the office of the City Treasurer.
All warrants so issued shall be payable out of the moneys collected by the County Collector from said sidewalk assessment and the City shall in no event be liable on such warrants except to the amount collected from said assessment.
When any warrant drawn on the sidewalk fund is presented to the City Treasurer for payment and there are no funds in the Treasury for the payment of the same, the Treasurer shall endorse upon the back of said warrant the date of presentation for payment with words “No Funds”
8-2-12: SIDEWALKS, CURBS AND DRIVEWAY APPROACHES:1
(A) Property Owner Responsibility: Sidewalks, curbs and driveway approaches shall be constructed and repaired by the owners of the property adjoining the location of the work at their expense, at such times and in such places and manner as herein provided. The City Engineer is hereby authorized and directed to inspect all such work and to obtain compliance with this Code and the specifications and drawings herein referred to.
(B) Regulations: It shall be unlawful for any person to lay, place or construct any crossing over curbing in the City by means of cutting or removing such curb, or otherwise, without first obtaining a permit from the City Engineer to be issued according to the regulations contained herein.
Any property owner desiring to obtain a permit for a service driveway or driveways to serve his property, shall file application therefor with the City Engineer. Said application shall be in writing and upon a form provided by the City and shall contain information showing the type of construction, the length of driveway desired, location of driveway and any other information which may be required by the City Engineer.
The permit fee for cutting a curb shall be ten dollars ($10.00) per each thirty five feet (35') or less of driveway.
If the proposed alteration as set forth in said application conforms with the regulations herein contained and the provisions of Resolution No. 1048 and amendments thereof, the City Engineer shall issue a permit therefor.
The city council reserves the right to review any decision of the city engineer upon any application and to permit curb cuts for a distance in excess of thirty five feet (35') in a commercial or manufacturing district where it appears that it is necessary to accommodate large trucks and trailers. The public welfare, safety and convenience shall be considered in granting any such application.
(C) Line And Grades: All lines and grades for all construction within the public right of way shall be established by the city engineer. If sidewalks, curbing, driveway approaches or other construction in the public right of way is not set to the lines and grades as established by the city engineer, the city council may direct removal and reconstruction to the proper grades. (Ord. O-2022-009, 2-28-2022)
8-2-13: LIABILITY FOR DAMAGES OR INJURIES OCCURRING ON SIDEWALKS, CURBS AND DRIVEWAY APPROACHES:
Since the owners of property adjoining right of way are responsible for the construction and repair of sidewalks, curbs and driveway approaches, the city, its officers and employees shall not be liable for injuries or damages resulting from a failure to construct, rebuild or repair sidewalks, curbs and driveway approaches. (Ord. O-2022-009, 2-28-2022)
8-2-14: BENCH SEATS AND SIGNS:
The city council may permit placement of bench seats or bench signs on public right of way at a specific location under the following conditions:
(A) Application: The application shall contain the name and address of the applicant, location of the proposed bench, a site plan showing all structures and improvements within twenty five feet (25').
(B) Permit Fee: Any person desiring to place a bench seat or bench sign on public right of way shall pay a permit fee of fifty dollars ($50.00) per year per bench sign and five dollars ($5.00) per year per bench seat for use of the right of way.
(C) Special Use Permit: No bench sign shall be placed without prior approval by special use permit pursuant to subsection 10-9-8(C) of this code.
(D) Liability Insurance: No bench seat or bench sign shall be placed on public right of way until the person desiring to place the bench provides a certificate of insurance insuring the city of Twin Falls in the amount of five hundred thousand dollars ($500,000.00) per occurrence.
(E) Location: Benches shall be placed parallel to the edge of the sidewalk opposite the street and with a clear space for pedestrian traffic of at least five feet (5') between the front edge of the bench and the edge of the sidewalk closest to the street.
(F) Liability: Notwithstanding any other provision in this code, the permit holder shall have the sole responsibility for inspection and maintenance of any benches permitted and, by applying for the permit, agrees to release and indemnify the city and all adjoining property owners of and from any liability arising out of the placement, maintenance or use of the benches. (Ord. 2306, 4-16-1990; amd. Ord. 3005, 6-6-2011; Ord. O-2022-009, 2-28-2022)
8-2-15: INSPECTIONS, STREET RESTORATION, AND BOND REQUIREMENTS:
(A) Inspections: The Department of Public Works, or qualified designee, shall inspect Rights-of-Way occupancy permit locations/sites to evaluate the condition of public infrastructure (including but not limited to; curb/gutter, sidewalk, roadway/street and alley paving, grading, drainage structures, bridges [vehicular and pedestrian], railings, retaining walls, boulevard or median improvements, driveway approaches, alley approaches, curb ramps, landscaping, street lighting, traffic management signs, traffic signals, curb and pavement markings, traffic management structures, public utility connections and other related appurtenances to determine if any harm, damage, degradation 1 , or other adverse condition to the public infrastructure has occurred. Any/all resultant harm, damage, degradation, or other adverse condition to the public infrastructure shall be fully restored to prior condition or better, as determined feasible and/or appropriate by the Public Works Department. The permittee accepts full responsibility, including any/all resultant costs, for restoration of the public infrastructure. Failure to comply with restoration requirements may result in the City completing the restoration work and;
1. Assessing the person, firm or corporation; and
2. Drawing against the bonds posted by one or more licensed contractors; and
3. Refusing future ROW permits for nonperformance until performance issues are resolved.
(B) Street Restoration:
1. The permittee, or its agent or contractor, shall restore, repair and replace any portion of the improvements or infrastructure located within Rights-of-Way that is damaged or disturbed by the permittee’s work in or adjacent to the Rights-of-Way.
2. If the permittee fails to timely restore, repair or replace the Rights-of-Way as required in this subsection, the City or its contractor may do so and the permittee shall pay the City’s reasonable costs and expenses in completing the restoration, repair or replacement including reasonable attorneys’ fees and expenses.
(C) Bond Requirements:
The Public Works Director is authorized to require a bond, or deposit, from any permittee under this Chapter, in order to guarantee the restoration of the street and Rights-of-Way or use thereof to its original condition and to compensate the City for the degradation of the street and Rights-of-Way.
Bond amounts shall be at the discretion of the Public Works Director, utilizing commonly used estimation formulas for Public Works Construction. (Ord. O-2022-009, 2-28-2022)
8-2-16: PERMIT FEES:
(A) Permits required under this Chapter specifying the authorized work shall be issued by the Public Works Director, or their designee, upon proper application therefore and upon payment of the fees required as follows:
1. A basic fee in an amount established by the City; and
2. The estimated cost of administration and inspection as determined by the Public Works Director, including the City’s labor, overhead and all other costs for street work, said amount shall not exceed 20% percent of the estimated cost of construction.
3. In the event that reinspection or other actions are necessary, an additional fee shall be charged in an amount determined by the Public Works Director to equal the City’s costs of performing the reinspection or other actions, including all labor, overhead and other costs.
4. A payment of all related street degradation costs.
5. Any permit for temporary use or occupation of the public Rights-of-Way, where there is no construction involved, shall not require payment of a degradation cost as part of the permit fee.
6. Before a permit is issued pursuant to this article, the applicant shall pay to the City a permit application fee, which shall be determined in accordance with a fee schedule adopted by the City from time to time.
(B) Fees will be reasonably related to the costs inherent in managing the public Rights-of-Way. As used in this Chapter, these costs include, but are not necessarily limited to:
1. The costs of permitting Rights-of-Way occupant(s),
2. Verifying Rights-of-Way occupation(s),
3. Mapping Rights-of-Way occupation(s),
4. Inspecting job site(s) and Rights-of-Way restoration(s),
5. Administering this Chapter,
6. Costs relating to the degradation of the Rights-of-Way (i.e., the cost to achieve a level of restoration as determined by the City at the time the permit is issued); and (7) disruption costs resulting from traffic disruption and delay.
(C) The portion of the permit fee relating to degradation costs shall be reduced by the City in cases where the applicant demonstrates to the satisfaction of the Public Works Director that the excavation proposed will be used by two (2) or more entities, legally and financially unrelated, for the installation, maintenance, or repair of facilities.
(D) The degradation cost portion of the permit fee shall be further reduced in cases where the applicant demonstrates to the satisfaction of the Public Works Director that the excavation to be made will be commenced and completed during the twelve-month period immediately prior to the scheduled repaving or resurfacing of a street, as indicated in the most recent edition of the City’s repaving plan. (Ord. O-2022-009, 2-28-2022)
8-2-17: SUSPENSION, REVOCATION, OR MODIFICATION OF PERMIT:
(A) The Public Works Director may suspend, revoke, or modify any permit issued under this section when such permit holder, or any party to the permit:
1. Violates any of the terms and requirements outlined in the approved permit;
2. Exceeds the scope of the use or work outlined in the permit application;
3. Has obtained a permit by fraud, misrepresentation, concealment, or through inadvertence or mistake; or
4. Makes a misrepresentation or fails to disclose a material fact to the City related to any of the obligations set forth in this Chapter. (Ord. O-2022-009, 2-28-2022)
8-2-18: CUTS IN NEW PAVEMENT PROHIBITED:
(A) For the purposes of this section, “new pavement” includes any paving or surface treatment that has been in place less than five (5) years; nominal surface treatments such as chip, slurry, or fog seals are excluded from this definition.
(B) A permit to cut new pavement shall not be granted. Permittees shall determine alternate methods to avoid cutting new pavement.
(C) Exceptions:
1. Emergency which endangers life or property;
2. Interruption of essential utility service;
3. Work that is mandated by City or by state, or federal legislation;
4. Service for buildings or customers where no other feasible means of providing service exists; and
5. Cuts smaller than two (2) square feet, only permitted outside of a wheel path as determined by Public Works Director.
(D) Permits issued under (C)(1) to (C)(4) above require mill and inlays of all lanes affected. Unless otherwise specified by the Public Works Director or their designee, mill and inlays shall extend at least one hundred (100) feet on arterials, or at least fifty (50) feet on collectors.
(E) Permits issued under (C)(5) above shall be in accordance with the City Specifications and Standard Drawings. (Ord. O-2022-009, 2-28-2022)
8-3-1: TITLE:
This chapter shall be known and may be cited as the TWIN FALLS CITY ORDINANCE REGULATING CONDUCT IN PUBLIC PARKS. (Ord. 1920, 1-2-1979)
8-3-2: DEFINITIONS:
For the purposes of this chapter the following terms, phrases, words and their derivations shall have the meanings given herein. When not inconsistent with the context, words used in the present tense include the future, words in the plural number include the singular number, and words in the singular number include the plural number. The word "shall" is always mandatory and not merely directory.
CITY: The city of Twin Falls.
DIRECTOR: A person immediately in charge of any park area and its activities, and to whom all park attendants of such area are responsible.
PARK: A park, reservation, playground, trail, swimming pool, beach, recreation center or any other area in the city, owned or used by the city, and devoted to active or passing recreation.
PERSON: Any person, firm, partnership, association, corporation, company or organization of any kind.
VEHICLE: Any wheeled conveyance, whether motor powered, animal drawn, or self-propelled. The term shall include any trailer in tow of any size, kind or description. Exception is made for baby carriages and vehicles in the service of the city parks. (Ord. 1920, 1-2-1979; amd. Ord. 2735, 9-16-2002)
8-3-3: REGULATIONS GOVERNING PARK PROPERTY:
No person, without the authorization of the director, in a park shall:
(A) Buildings And Other Property:
1. Disfiguration And Removal: Wilfully mark, deface, disfigure, injure, tamper with or displace or remove any building, bridges, tables, benches, fireplaces, railings, paving or paving material, water lines or other public utilities or parts or appurtenances thereof, signs, notices or placards whether temporary or permanent, monuments, rocks, stakes, posts or other boundary markers, or other structures or equipment, facilities or park property or appurtenances whatsoever, either real or personal.
2. Removal Of Natural Resources: Remove any beach sand, whether submerged or not, or any soil, rock, stones, trees, shrubs or plants, down timber or other wood or materials, or make any excavation by tool, equipment, blasting, or other means or agency.
3. Erection Of Structures: Construct or erect any building or structure of whatever kind, whether permanent or temporary in character, or run or string any public service utility into, upon or across such lands, except on special written permit issued hereunder.
(B) Trees, Shrubbery, Lawns:
1. Injury And Removal: Damage, cut, carve, transplant or remove any tree or plant or injure the bark or pick the flowers or seeds of any tree or plant. Nor shall any person attach any rope, wire or other contrivance to any tree or plant. A person shall not dig in or otherwise disturb grass areas, or in any other way injure or impair the natural beauty or usefulness of any area.
(C) Climbing Trees: Climb any tree or walk, stand or sit upon monuments, vases, fountains, railing, fences or upon any other property not designated or customarily used for such purposes.
(D) Wild Animals, Birds:
1. Hunting: Hunt, molest, harm, frighten, kill, trap, chase, tease, annoy, shoot or throw missiles at any animal, reptile or bird; nor shall they remove or have in their possession the young of any wild animal, or the eggs, nest, or young of any reptile or bird; nor destroy the nests or habitat of any wild animal; nor shall they collect, remove, have in their possession, give away, sell or offer to sell, buy or offer to buy, or accept as a gift, any specimen alive or dead collected from any park area except for an authorized licensed trapper.
2. Feeding: Give or offer, or attempt to give to any animal or bird any tobacco, alcohol or other known noxious substance. (Ord. 2735, 9-16-2002)
8-3-4: SANITATION REGULATIONS:
No person in a park shall:
(A) Pollution Of Waters: Throw, discharge or otherwise place or cause to be placed in the waters of any fountain, pond, lake, stream, bay or other body of water in or adjacent to any park or any tributary, stream, storm sewer, or drain flowing into such waters, any substance, matter or thing, liquid or solid, which will or may result in the pollution of said waters.
(B) Refuse And Trash: Have brought in or shall dump, deposit or leave any bottles, broken glass, ashes, paper, boxes, cans, dirt, rubbish, waste, garbage or refuse, or other trash. No such refuse or trash shall be placed in any waters in or contiguous to any park or left anywhere on the grounds thereof, but shall be placed in the proper receptacles where these are provided; where receptacles are not so provided, all such rubbish or waste shall be carried away from the park by the person responsible for its presence, and properly disposed of elsewhere. (Ord. 1920, 1-2-1979)
8-3-5: TRAFFIC REGULATIONS:
No person, without the authorization of the director, in a park shall:
(A) State Motor Vehicle Laws Apply: Fail to comply with all applicable provisions of the state motor vehicles traffic laws in regard to equipment and operation of vehicles, together with such regulations as are contained in this and other provisions of this code.
(B) Enforcement Of Traffic Regulations: Fail to obey all traffic officers and park employees, such persons being hereby authorized and instructed to direct traffic whenever and wherever needed in the parks and on the highways, streets or roads immediately adjacent thereto in accordance with the provisions of these regulations and such supplementary regulations as may be issued subsequently by the director.
(C) Obey Traffic Signs: Fail to observe carefully all traffic signs indicating speed, direction, caution, stopping or parking, and all others posted for proper control and to safeguard life and property.
(D) Speed Of Vehicles: Ride or drive a vehicle at a rate of speed exceeding fifteen (15) miles per hour, unless otherwise posted.
(E) Operation Confined To Roads: Drive any vehicle on any area except the paved roads or parking areas, or such other areas as may on occasion be specifically designated as temporary parking areas by the director.
1. Drive a motorized vehicle in any area of the Rock Creek Canyon Parkway or the Snake River Canyon Rim Trail System.
(F) Parking:
1. Designated Areas: Park a vehicle in other than an established or designated parking area, and such use shall be in accordance with the posted directions thereat and with the instructions of any attendant who may be present.
2. Parking: Park on the road or driveway at any time unless directed by a police officer or a park attendant. All unauthorized motorized vehicles shall be prohibited from standing or parking within any Twin Falls park during their closed hours.
3. Muffler Required: Fail to use a muffler adequate to deaden the sound of the engine in a motor vehicle.
(G) Bicycles:
1. Confined To Roads: Ride a bicycle on other than a paved vehicular road or path designated for that purpose. A bicyclist shall be permitted to wheel or push a bicycle by hand over any grassy area or wooded trail or on any paved area reserved for pedestrian use.
(H) Trucks, Trailers And Other Equipment: Operate or park trucks or trailers of one and one-half (11/2) ton capacity or more or other equipment on any city park parking lot without the authorization of the city. (Ord. 2735, 9-16-2002)
8-3-6: RECREATION ACTIVITIES:
No person in a park shall:
(A) Scuba Diving: Scuba dive in any designated swim area in Dierkes Lake.
(B) Golf: Golfing or hitting golf balls is prohibited except where specific facilities have been provided.
(C) Boating:
1. Designated Areas: Bring into or operate any boat, raft or other watercraft, whether motor powered or not, upon any waters, except at places designated for boating by the director. Such activity shall be in accordance with applicable regulations as are now or may hereafter be adopted.
(D) Hunting And Firearms: Hunt, trap or pursue wildlife at any time. No person shall use, carry or possess loaded firearms of any descriptions, or air rifles, spring guns, bow and arrows, slings or any other form of weapons potentially inimical to wildlife and dangerous to human safety, or any instrument that can be loaded with and fire blank cartridges, or any kind of trapping device provided that it shall be lawful for police officers or other duly authorized officers while on duty to use and carry firearms. It is also provided for authorized licensed animal control officer to hunt or trap in any park area. Provided further that this provision does not apply to lawful use, possession and transportation of firearms on designated firing ranges. Shooting into park areas from beyond park boundaries is forbidden.
(E) Picnic Areas And Use:
1. Regulated: Attendants shall have the authority to regulate the activities in such areas when necessary to prevent congestion and to secure the maximum use for the comfort and convenience of all. Visitors shall comply with any directions given to achieve this end.
2. Gatherings: Conduct or be a part of any large group, meeting, assembly or audience consisting of fifty (50) or more persons without permission of the director.
3. Duty Of Picnicker: Leave a picnic area before the fire is completely extinguished and before all trash in the nature of boxes, papers, cans, bottles, garbage and other refuse is placed in the disposal receptacles where provided. If no such trash receptacles are available, then refuse and trash shall be carried away from the park area by the picnicker to be properly disposed of elsewhere.
(F) Camping: Camp without prior permission of the director. Permission shall be limited to organized groups who will be given a designated area for camping.
(G) Games: Take part in or abet the playing of any games involving thrown or otherwise propelled objects such as balls, stones, arrows, javelins or model airplanes except in areas set apart for such forms of recreation.
(H) Horses: Have a horse in any designated park or park area without written permission of the director.
(I) Keg Beer: Possess or use keg beer without a permit issued pursuant to section 3-7-12 of this code.
(J) Fishing: Fish in any waters, whether by the use of a hook and line net, trap, or other device, except in water designated for that use and must follow the Idaho fish and game regulations.
(K) Hot Air Balloons: Launch, land, or tether a hot air balloon except with written permission from the director. (Ord. 2735, 9-16-2002)
8-3-7: BEHAVIOR IN PARKS:
No person in a park shall:
(A) Intoxicating Beverages: Possess or consume any alcohol or intoxicating beverage where posted signs prohibit such possession or consumption, or be under the influence of any intoxicating beverage. (Ord. 2936, 4-28-2008)
(B) Fireworks And Explosives: Brought or have in his possession, or set off or otherwise cause to explode or discharge or burn, any firecrackers, torpedo, rocket or other fireworks or explosives or inflammable material, or discharge them or throw them into any such area from land or highway adjacent thereto. This prohibition includes any substance, compound, mixture, or article that in conjunction with any other substance or compound would be dangerous from any of the foregoing standpoints. (Ord. 2735, 9-16-2002)
(C) Domestic Animals: Permit or allow a dog or other domestic animal to enter or remain in any park except on a leash and/or carried while leashed by such person owning or having the care, custody and control of dog or domestic animal, except as specifically authorized by the city within temporary or permanent "dog parks". No dogs or other domestic animal shall be permitted at Dierkes Lake except for water dog training shall be allowed in those areas of Dierkes Lake specifically signed for that purpose. In no event shall firearms be used during said training. Unless said training is actually taking place, the dog shall at all times be leashed. (Ord. 3024, 1-17-2012)
(D) Fires: Build or attempt to build a fire except in fireplaces provided for that purpose. No person shall drop, throw or otherwise scatter burning material or other inflammable material within any park area or on any highway, road or street abutting or contiguous thereto.
(E) Loitering And Boisterousness: Engage in loud, boisterous, threatening, abusive, insulting or indecent language or engage in any unlawful conduct or criminal activity or in any way commit a violation or breach of the peace.
(F) Glass Containers: Bring to the park or have in his possession while in the park any glass bottle or other glass beverage container.
(G) Safety: Endanger the safety or health of any person by any conduct or act.
(H) Interference: Prevent any person from using any park, or any of its facilities, or interfere with such use in compliance with this chapter and the rules and regulations applicable to such use.
(I) Soliciting: Solicit or accost other persons for the purpose of begging or soliciting. (Ord. 2735, 9-16-2002)
8-3-8: MERCHANDISING, ADVERTISING AND SIGNS:
No person in a City park or recreational facility shall:
(A) Vending And Peddling: Expose or offer for sale any article, thing, or service; nor shall he station or place any stand, cart or vehicle for the transportation, sale or display of any such article, thing, or service. Exception is herein made as to any regularly licensed concessionaire acting by and under the authority and regulation of the director. (Ord. 1920, 1-2-1979; amd. Ord. 2021-013, 6-28-2021)
8-3-9: PARK OPERATING POLICY:
(A) Hours: Except for unusual and unforeseen emergencies, parks shall be open to the public every day of the year from six o'clock (6:00) A.M. to eleven o'clock (11:00) P.M. except as otherwise posted. Violation of any curfew established by resolution of the city council shall be a misdemeanor and punishable as provided in section 8-3-10 of this chapter.
(B) Closed Areas: Any section or part of any park may be declared closed to the public by the director at any time and for any interval of time, either temporarily or at regularly and stated intervals (daily or otherwise) and either entirely or merely to certain uses, as the director shall find reasonably necessary.
(C) Effect Of A Permit: A Twin Falls park permittee shall be bound by all park rules and regulations and all applicable ordinances as fully as though the same were inserted in said permit. The person or persons to whom a permit is issued shall be liable for any loss, damage or injuries sustained by any person or property by reason of the negligence of the person or persons to whom such permit shall have been issued. The director, or a duly authorized representative, shall have the authority to revoke a permit upon finding of violation of any rule or ordinance, or upon good cause. (Ord. 2735, 9-16-2002)
8-3-10: PENALTY:
Any person violating any of the provisions of this chapter shall be deemed guilty of a misdemeanor and upon conviction thereof shall be fined in an amount not exceeding three hundred dollars ($300.00) or be imprisoned in the county jail for a period not exceeding six (6) months, or be both so fined and imprisoned. Each day such violation is committed or permitted to continue shall constitute a separate offense and shall be punishable as such hereunder. (Ord. 1920, 1-2-1979)
8-3-11: ENFORCEMENT:
(A) Officials: Police officers, the director, and park attendants, or duly authorized representatives of the director, shall enforce the provisions of this chapter.
(B) Ejectment: A police officer, any park attendant, the director, or their duly authorized representative, shall have the authority to eject from the park any person acting in violation of this chapter. Any person ejected from the park who has not been previously ejected during the preceding three hundred sixty five (365) days shall leave promptly and peaceably and shall not return to the park for any reason for a period of one week from the day of their ejectment. Any person ejected from the park who has been previously ejected during the preceding three hundred sixty five (365) days shall be served a no trespass order by the police, and shall leave promptly and peaceably and shall not return to the park for any reason for a period of one year after the day of their ejectment. Any person charged with committing a crime at any park shall be barred from returning to the park during the pendency of criminal charges, and for a period of one year following the incident if the person pleads guilty or is found guilty of any criminal offense as a result of the charge.
Any person aggrieved by the decision to eject or bar them from a park may appeal such decision to the city council within seven (7) days. The appeal to the city council must be in writing and must set forth the reasons therefor why the person should not be denied entrance to the park. The city council shall set the time and place for a hearing a reasonable period of time subsequent to the applicant's written notice. Notice of such hearing shall be personally served upon the person, or mailed postage prepaid to the person at his last known address, at least three (3) days prior to the date of the hearing. The order of the city council shall be final.
(C) Seizure Of Property: A police officer shall have the authority to seize and confiscate any property, thing or device in the park, or used in violation of this chapter.
(D) Removal Of Vehicles: Whenever any police officer or duly authorized representative finds a vehicle unattended in the park and the vehicle is parked in violation of this chapter, such officer may provide for the removal of such vehicle to the nearest available garage or place of safety. (Ord. 2900, 3-26-2007)
8-4-1: TITLE:
This chapter shall be known as the TWIN FALLS TREE ORDINANCE. (Ord. 2791, 7-6-2004)
8-4-2: STATEMENT OF PURPOSE:
The purpose of this chapter is to ensure the implementation and continuation of proper professional care of the city's public trees by setting forth and enforcing a set of tree care regulations and standards by which the community forest shall be managed. (Refer to the "Twin Falls City Arboricultural Specifications And Standards Guide".) This chapter is not intended to resolve or regulate disputes or tree management issues on private property that do not affect the safety of the general public.
This chapter is enacted to:
(A) Promote the general welfare of the community.
(B) Protect public safety, welfare, property and health.
(C) Preserve and enhance the community's social and economical environment with a diverse range in size, maturity and species of public trees.
(D) Increase awareness and appreciation of maintaining a healthy community forest by both professionals and the general public.
(E) Encourage building, development, site and utility planning/practices that prevent and prohibit not only the indiscriminate removal or destruction of trees but also avoidance of unnecessary disturbance to trees, above and below ground, within the city.
(F) Provide a stable and sustainable community forest by establishing common guidelines and enforcement procedures for proper tree management practices such as contained in ANSI A300 and the "Twin Falls City Arboricultural Specifications And Standards Guide". (Ord. 2791, 7-6-2004)
8-4-3: DEFINITIONS:
ANSI A300: The "American National Standard For Tree Care Operations - Tree, Shrub And Other Woody Plant Maintenance - Standard Practices". This document outlines basic national performance standards for tree pruning and maintenance. It was first published in 1995 and revised in 2002 by the American National Standards Institute (ANSI).
ADJACENT PROPERTY OWNER: Any person(s) owning property adjacent to public rights of way.
ARBORICULTURE: The management of trees including planting, pruning, watering, fertilizing, removal or any other action which affects the healthy growth and maintenance of trees.
COMMUNITY FOREST: The collective masses of trees found within a city's boundaries, including both publicly and privately owned trees.
CRITICAL ROOT ZONE: The area under a tree extending from the base of a tree in all directions to an imaginary line ten feet (10') outside of the drip line.
DISEASE: A process that causes anatomical disruptions, physiological dysfunctions, and energy disruptions that lead to decline and/or death of an organism or any of its parts.
HAZARD TREE: Any tree or part thereof (public or private) that poses a high risk (upon fracture or failure) for damage or injury to property, power lines, or people.
PERMIT: Written approval issued by the city and required for any activity above or below ground that may impact the canopy or the critical root zone of any public tree.
PEST: Any insect, disease, animal or other organism that causes harm or damage to trees.
PRIVATE TREE: Any tree whose trunk is located entirely on or within the legal boundaries of a property, which is owned by private individuals or organizations.
PROPERTY OWNER: The recorded owner or contract purchaser of any parcel of land.
PRUNING: The practice of managing tree health according to the national standards as set forth in ANSI A300 and the "Twin Falls City Arboricultural Specifications And Standards Guide".
PUBLIC NUISANCE: See section 8-4-8 of this chapter.
PUBLIC PROPERTY: Real property owned, managed, or leased to the city and dedicated to the public for present or future use.
PUBLIC RIGHTS OF WAY: Improved or unimproved public property owned by, dedicated to, or deeded to the public or public's use, for the purpose of providing vehicular, pedestrian and other public use. Such public property provides circulation and travel to abutting properties and includes, but is not limited to, streets, alleys, sidewalks, landscaping, provisions for public utilities, cut and fill slopes, and open public space.
PUBLIC SAFETY: The condition of being safe from bodily harm or injury and/or property damage resulting from tree conditions and/or failures while using public property.
PUBLIC TREE: Any tree whose trunk is located partly or in whole on public property.
STREET TREE: Trees located on a public right of way between the private property line and the curb and/or edge of pavement adjacent to a city street, alley, avenue, boulevard, or public rights of way in street medians within the city.
TOPPING: The removal of the top portion of the leader stem(s). "Rounding", "heading back" or any other term demonstrated by severe cutting back of limbs within a tree crown to laterals, stubs, or buds that are not large enough to assume a terminal (leader) role is also considered "topping".
TREE: Any perennial woody plant that generally grows taller than twelve feet (12') and branches several feet above the ground from the stem or trunk of the plant.
TREE COMMISSION: See section 2-8-1 of this code. (Ord. 2791, 7-6-2004)
8-4-4: RESPONSIBILITIES OF ADJACENT PROPERTY OWNERS:
Any person in possession of private property shall maintain trees upon adjacent public rights of way and any trees upon private property, which may affect public property, in a safe, healthy condition in compliance with the provisions of this chapter. Adjacent property owners have the following responsibilities. (Ord. 2791, 7-6-2004)
8-4-4-1: ADJACENT PROPERTY OWNERS' RESPONSIBILITIES FOR PUBLIC TREES:
(A) Permits: Adjacent property owners shall:
1. Meet all requirements and obtain all permits necessary for work done on any public trees as required in section 8-4-6 of this chapter.
2. Meet all requirements and obtain all permits necessary prior to commencing repair of damage done to public streets or sidewalk adjacent to any public trees as required in section 8-4-6 of this chapter.
3. Meet all requirements and obtain all permits necessary for any tree planting on public property as required in section 8-4-6 of this chapter.
(B) Routine Maintenance: Routine public tree maintenance for trees planted after July 1, 2004:
1. Adjacent property owners shall:
(a) Prune and maintain trees planted according to ANSI A300.
(b) Topping, heading, shearing or rounding over are not acceptable forms of tree pruning and are not allowed on public trees.
(c) Except as otherwise determined by the tree commission, branches that overhang sidewalks or streets shall be pruned to provide sufficient vertical clearance over the sidewalk and street so as not to interfere with "public travel" as defined by section 8-1-5 of this title.
(d) Trees shall be pruned to remove dead limbs or other limbs that are considered a "public nuisance" as defined in section 8-4-8 of this chapter.
(e) Any commercial chemical application on public trees or public rights of way trees must be applied by a state of Idaho department of agriculture licensed professional applicator.
2. Control pests on trees located on public rights of way adjacent to the owners' private real property.
3. Provide water sufficient to keep trees located on public rights of way adjacent to the owners' private real property in a healthy, growing condition.
(C) Protection/Preservation:
1. Obtain a permit from the tree commission before performing any activity, which may harm any part of a public tree (inclusive of the critical root zone).
2. Notify the tree commission when any part of a public tree is damaged or destroyed. (Ord. 2791, 7-6-2004)
8-4-4-2: RESPONSIBILITIES FOR PRIVATE TREES:
(A) Routine Tree Maintenance:
1. Removal or pruning of trees located on the owner's private real property that are considered a "public nuisance" as defined in section 8-4-8 of this chapter.
2. Pruning of trees located on the owner's private real property that are considered a "public nuisance" as defined in section 8-4-8 of this chapter. Branches that overhang sidewalks or streets shall be pruned to provide sufficient vertical clearance over the sidewalk and street so as not to interfere with "public travel" as defined in section 8-1-5 of this title.
3. Control of pests on trees located on the owner's private real property that may pose a threat to public trees upon determination by the tree commission.
4. Remove or barricade all debris (wood, branches and leaves) on public property at the end of the working day on which any tree work is done. (Ord. 2791, 7-6-2004)
8-4-4-3: RESPONSIBILITIES FOR ALLEY TREES:
Prune, remove or otherwise abate "public nuisances" as defined in section 8-4-8 of this chapter. (Ord. 2791, 7-6-2004)
8-4-5: LICENSING OF PRIVATE TREE SERVICE COMPANIES:
Tree service companies performing work on public trees are required to apply for a license through the Twin Falls parks and recreation department. Applications are then reviewed by designated members of the Twin Falls tree commission and the Twin Falls parks and recreation department to ensure applicants meet the "Twin Falls City Arboricultural Specifications And Standards Guide". Upon approval, licenses shall be issued by the Twin Falls parks and recreation department valid for two (2) years from the date of issue for a fee of twenty five dollars ($25.00).
(A) Licensing Requirements:
1. International Society of Arboriculture (ISA) certified arborist on staff.
2. An ISA certified arborist or an ISA certified tree worker to be on site while work is being performed.
3. Liability insurance in the amount of one million dollars ($1,000,000.00).
4. Knowledge and compliance of ANSI A300 section 2.3.
(B) Revocation Of License: The Twin Falls parks and recreation department with the recommendation of the Twin Falls tree commission may revoke a license for violation of any section of this chapter. (Ord. 2791, 7-6-2004)
8-4-6: NOTIFICATION AND PERMITS:
(A) Notification: No person may perform any of the following acts without first notifying the Twin Falls parks and recreation department. Contact the Twin Falls parks and recreation department via mail, phone, fax, or e-mail at a minimum of two (2) business days prior to commencement of the proposed work. Nothing in this section shall be construed to exempt any person from the requirements of obtaining any additional permits as required by law:
1. Prune or otherwise disturb any public tree. This provision shall not be construed to prohibit owners of property adjacent to public rights of way from minor pruning, watering, or fertilizing such trees;
2. Attach any object to public tree(s);
3. Dig, trench, excavate or pile soil or any other materials within the critical root zone of any public tree(s);
(B) Application Procedures And Requirements: Permit application procedures and requirements for public tree(s) removal:
1. This is in no way intended to interfere with the immediate removal of a tree that presents a hazardous or emergency situation;
2. Upon inspection, the Twin Falls tree commission may issue a permit through the Twin Falls parks and recreation department. Permits are available at the Twin Falls parks and recreation office (136 Maxwell Avenue) between the hours of eight o'clock (8:00) A.M. to twelve o'clock (12:00) noon and one o'clock (1:00) P.M. to five o'clock (5:00) P.M., Monday through Friday;
3. The Twin Falls parks and recreation department may condition the approval of any permit;
4. Prior to the removal of any public, street, or alley tree, the property owner or private tree service company intending to perform the work, which is currently licensed by the city of Twin Falls, must make a request for permit. All work must be completed within thirty (30) days of issuance of said permit;
5. Whenever a public or street tree is removed, the stump of said tree shall also be removed. Permit holders shall then replace the removed tree in accordance with subsection 8-4-7(E) of this chapter. Tree replacement shall be a condition of issuance of a permit for removal, unless the Twin Falls tree commission for good cause shown waives such requirement. Tree replacement is the responsibility of the permit holder. (Ord. 2791, 7-6-2004)
8-4-7: DAMAGING, DESTROYING, MUTILATING OR REMOVING PUBLIC TREES:
It shall be unlawful for any person to:
(A) Damage, destroy, mutilate, or remove any public tree.
(B) Attach any device or structure (i.e., tree houses, lights, signs, etc.) to or on public trees unless otherwise authorized by the tree commission.
(C) Store, spill or dump substances, whether liquid or solid, which may be harmful to trees, on any part of a public tree or within the critical root zone of a public tree.
(D) Damage public trees through construction activities in violation of the conditions of a permit issued under this chapter. Such activities include, but are not limited to:
1. Making excavations or cuts in the soil near roots of public trees unless otherwise approved by the tree commission.
2. Damage roots of a public tree by compacting or placing fill within the critical root zone of a tree.
3. Engage in any pruning activity on public trees not in accordance with ANSI A300, including, but not limited to: topping, heading, rounding or shearing unless otherwise approved by the tree commission.
(E) Remove any public or street tree and fail to plant a replacement tree. The replacement tree shall be an approved variety from the city of "Twin Falls Tree Selection Guide" and shall be a minimum of a ten (10) gallon size specimen. Where utility lines are present, a class I type tree (mature height not greater than 20 feet) shall be required. Replacement tree shall be planted within thirty (30) days of removal of said tree, or as soon as weather conditions allow. (Ord. 2791, 7-6-2004)
8-4-8: PUBLIC NUISANCES:
The following are hereby declared public nuisances under this chapter:
(A) Any tree or part thereof (public, street or private) which, by reason of location or condition, constitutes a hazard to public safety as determined by an International Society of Arboriculture (ISA) certified arborist in conjunction with the Twin Falls tree commission.
(B) Any tree or part thereof (on public or private property) which obstructs the free passage of pedestrian or vehicular traffic or which obstructs public street lighting.
(C) Any tree or alternate host plant or part thereof (on public or private property) which harbors pests which reasonably may be expected to injure or harm public trees.
(D) It shall be unlawful to plant, transplant or set out any poplar (cottonwood) or willow tree on any street, alley, avenue, sidewalk or other public place or within fifty feet (50') of any sidewalk, paved street, alley or avenue or on any private property within seventy five feet (75') of any main or lateral sewer of the sewer system.
(E) When the roots of any poplar (cottonwood) or willow tree planted on private property or on public property by the adjoining property owner have obstructed or are about to obstruct or damage any sewer line, curb, gutter, sidewalk or street, it shall be the duty of the owner of said private property to remove the encroachment within ten (10) days from the service of the notice. (Ord. 2791, 7-6-2004)
8-4-9: ABATEMENT OF PUBLIC NUISANCES:
The following are the prescribed means of abating public nuisances under this chapter:
(A) Any tree or alternate host plant or part thereof (public or private) declared to be a public nuisance as set forth in section 8-4-8 of this chapter shall be pruned, removed or otherwise treated in accordance with the requirements of this chapter. Costs for nuisance abatement are the responsibility of the adjacent property owner of a street tree or the property owner of a "private tree" as defined in section 8-4-3 of this chapter.
(B) The tree commission may cause a written notice to be personally served or sent by mail to the owner of the particular property.
(C) In the event the nuisance is not abated by the date specified in the notice, the tree commission is authorized to cause the abatement of said nuisance without further notice. The reasonable cost of such abatement will be charged to the subject property owner. Monies which have not been recovered through the city bill collection procedures may result in a lien against the property or assessed on taxes as provided for in Idaho Code title 50. In addition, the owner of the property upon which the nuisance is located may be subject to prosecution under this chapter, or any other chapter of this code or the Idaho Code for maintaining a public nuisance. Nothing in this provision shall be construed to exempt any person from the requirement of obtaining permits under section 8-4-6 of this chapter.
(D) The tree commission is empowered to cause the immediate abatement of any nuisance if it is determined by the tree commission to be an emergency or immediate hazard to public safety.
(E) If the tree commission determines that disposal of the wood, branches and soil from removal or pruning of a nuisance tree is required to complete abatement, such disposal shall be done as required by the tree commission. Costs associated with the disposal of material from private trees shall be the responsibility of the property owner. (Ord. 2791, 7-6-2004)
8-4-10: PENALTIES FOR VIOLATION:
Any person performing tree work that violates any provisions of this chapter may be punishable by a fine equal to or less than the monetary value of the tree as assessed by a certified arborist or certified tree appraiser using the guidelines established by the International Society of Arboriculture and the degree of damage to the tree. (Ord. 2791, 7-6-2004)
8-4-11: SEVERABILITY:
The provisions of this chapter shall be deemed severable and a finding by a court of law that a provision of this chapter is unlawful shall have no effect on the remaining provisions. (Ord. 2791, 7-6-2004)
8-7-1: AUTHORIZATION:
(Rep. by Ord. 2631, 10-12-1999)
8-7-2: JOINT SERVICE AGREEMENT:
The joint service agreement between the City of Twin Falls, Idaho, and the County of Twin Falls, Idaho, entered into on December 10, 1968, and designated Document C-375 and as on file in the City Clerk's office is confirmed and ratified in all respects. (Ord. 2631, 10-12-1999)
8-7-3: AIRPORT ADVISORY COMMISSION CREATED:
There is hereby created an Airport Advisory Commission of six (6) members. The members are to be selected three (3) by the City and three (3) by the County from the general populace residing within the respective jurisdictions. No member of said Airport Advisory Commission may hold an elective public office. The term of each member shall be three (3) years. Any vacancy which occurs on this Commission shall be filled by the jurisdiction losing a position on the Airport Advisory Commission and for the remaining portion of the vacated term. No compensation shall be provided for members of the Airport Advisory Commission. Each jurisdiction may appoint a nonvoting, ex officio member of the Commission from the respective governing body. The Commission shall elect a chairman for the conduct of business, and the Airport Manager shall serve as secretary and a nonvoting ex officio member of the Commission.
The Airport Advisory Commission shall plan the operation, construction, improvement and development of said Airport; shall recommend the annual budget for operation, improvement, construction and development of said Airport shall recommend employment of Airport personnel; consider and recommend contract and lease provisions for all operations conducted at the Airport and shall recommend and advise generally the respective governing bodies as to all matters concerning the Airport.
All meetings of the Airport Advisory Commission shall be called by the Airport Manager or the chairman of the Airport Advisory Commission and shall be conducted at the Airport. A quorum shall consist of four (4) representatives. The passage of any action shall require a minimum of four (4) votes. (Ord. 2636, 12-6-1999)
8-7-4: AIRPORT COMMERCIAL GROUND TRANSPORTATION REGULATIONS:
All commercial ground transportation at the Airport and the parking of all commercial ground transportation vehicles shall be under the direction and supervision of the Airport Manager.
No ground transportation carrier shall be allowed to solicit any business in the air terminal building or upon any area adjacent to the air terminal building; provided, however, counter space within the air terminal building may be allowed by written agreement.
It shall be unlawful for any commercial ground transportation carrier who does business at the Airport to fail to post in the air terminal building a schedule of its rates and tariffs to all points serviced by the carrier. (Ord. 2631, 10-12-1999)
8-7-5: AIRPORT TRAFFIC AND PARKING REGULATIONS:
(A) Speed Regulations: It shall be unlawful for any person to drive any motor vehicle upon any road or area on Joslin Field, Magic Valley Regional Airport in excess of fifteen (15) miles per hour, or as posted, except the main access road from the High Line Canal to the Airport Loop Road junction where the maximum speed shall be twenty five (25) miles per hour.
(B) Parking:
1. Parking Areas: The Airport Manager is authorized and directed to designate on the Joslin Field, Magic Valley Regional Airport free public parking, long-term public parking, short-term public parking, parking for commercial ground transportation vehicles, airport employee parking, airport lessee employee parking, parking spaces for on- premises automobile concession vehicles and handicap parking spaces for vehicles properly displaying handicapped vehicle licenses or permits. It shall be unlawful for any person to park any vehicle or to permit a vehicle to remain parked in a parking area for which the person or vehicle is not authorized to park.
2. Passenger, Baggage And Cargo Loading And Unloading Areas: The Airport Manager is authorized and directed to designate passenger, baggage and cargo loading and unloading areas. It shall be unlawful for any person to park any vehicle or to permit a vehicle to remain parked in a designated passenger, baggage or cargo loading and unloading area, whether occupied or not, except temporarily for the purpose of, and while actually engaged in, loading or unloading passengers, baggage or cargo.
(C) One-Way Traffic: One-way traffic may be established and designated upon any road on said airport, and it shall be unlawful for any person to operate a vehicle contrary to said designation.
(D) Towing Vehicles: Towing of vehicles shall be permitted as provided in this Code.
(E) Enforcement: The Airport Manager or any regularly employed and salaried City employee designated by the Airport Manager can act as an enforcement agent. If the Airport Manager or designated employee observes a violation of this section, he or she shall issue a ticket with the date, time, license number, State registration, make of vehicle and the employee's name. (Ord. 2631, 10-12-1999)
(F) Parking Violation: If any vehicle is found stopped, standing or parked in any manner in violation of the provisions of this chapter and the identity of the operator cannot be determined, the owner, person, corporation or named lessee in whose name said vehicle is registered, shall be held prima facie responsible for said violation. The ticket shall notify the owner or operator of the fine increase for failure to pay such fine within the initial three (3) business day period and the penalties for failure to pay the increased fine within the notice period.
There is hereby imposed a thirty five dollar ($35.00) fine, or fifty dollar ($50.00) fine if not paid within three (3) business days. Any owner or operator of such vehicle violating said provisions and who fails to pay said fine within three (3) business days in the collection box at City Hall shall be subject to the penalty set forth herein. Fines unpaid for a period of forty five (45) days following issuance may be turned over to a collection agency for collection and shall be subject to an additional twenty five dollar ($25.00) charge for collection.
Upon the failure of the owner or operator to pay the required fine within three (3) business days, the person as designated by the City may, after the giving of written notice, sign a complaint against the owner or operator of the vehicle cited for the violation of this chapter. Written notice to the owner or operator is deemed sufficient if mailed to the last known address of such person. The complaint may be signed after five (5) days from the date of the notice. (Ord. 2018-021, 10-22-2018)
8-7-6: FEES AND CHARGES:
Fees and charges for aircraft landing, aircraft rescue and firefighting and security for commercial service and public charter aircraft may be established by the concurrence of the City Council and County Commission. (Ord. 2631, 10-12-1999)
8-7-7-1: PURPOSE:
In order to protect the public, for the order and peace of the airport, and to regulate the entrances to property and buildings of the airport and the way of ingress and egress to and from the same it is necessary to enact reasonable standards, controls, rules, regulations and procedures of off- airport rental car businesses. (Ord. 2631, 10-12-1999)
8-7-7-2: SCOPE:
A person, persons or corporation desiring access to the Joslin Field, Magic Valley Regional Airport terminal for the purpose of conducting rental car business operations, either directly or indirectly, shall first obtain a nontenant rental car business permit from the Airport Manager prior to conducting any such business on airport property. (Ord. 2631, 10-12-1999)
8-7-7-3: PERMITS:
Nontenant rental car business permits will be issued annually for a twelve (12) month period within thirty (30) days after the application for permit has been submitted to the Airport Manager, provided the application is approved. (Ord. 2631, 10-12-1999)
8-7-7-4: REQUIREMENTS:
The Airport Manager may issue a permit upon receipt of a signed and verified application from the rental car business owner containing the following information, agreements and proof:
(A) The names and addresses of every person, company or corporation having an interest in the business.
(B) For companies or corporations not traded publicly, the names and addresses of every person having an interest in the business.
(C) Proof of comprehensive general liability insurance in the amount of at least five hundred thousand dollars ($500,000.00) covering all business operations, employees, and customers and naming the City and County and the Airport as additional insureds.
(D) Upon request, provide the make, model, color, identification number, and motor vehicle identification number of all vehicles to be operated on Airport property.
(E) A written agreement to pay, for the duration of the permit, ten percent (10%) of the permittee's gross revenue on all automobile rental contracts entered into by the permittee with customers picked up at the Airport, payable on the tenth day of each month for the preceding months' contracts.
(F) The names and job titles of local management personnel, as well as, all business employees engaged in the operation of vehicles to be operated on Airport property.
(G) A written agreement covenanting to obey and follow all standards, regulations and ordinances of the City and the Airport Commission.
(H) Upon request, proof of all business and motor vehicle permits required by local, State, and Federal authorities.
(I) A written agreement to submit written proof to the Airport of all automobile rental contracts at the time payment is due, accompanied by a statement certified by an officer of the permittee attesting to the accuracy of payments due the Airport Manager.
(J) A written agreement to authorize the Airport Manager, or its agent, to audit all business records and accounts at any time during normal business hours upon demand and to make said records and accounts available.
(K) A written agreement that vehicles will stop while at the Airport only when in the process of loading and unloading customers. Drivers of vehicles (or permittee personnel that may accompany them) shall be prohibited from soliciting business in any manner whatsoever upon the Airport. The operation of permittee's vehicles will be specifically limited to the picking up and delivery of customers.
(L) A written agreement to park only in the parking areas designated for short-term parking.
(M) A written agreement to indemnify and hold harmless and defend the City and County and the Airport from any and all claims whatsoever arising out of permittee's business operations and proof of insurance for such contractual liability.
(N) A written agreement to abide by such additional requirements as the City and County and the Airport Advisory Commission may enact from time to time. (Ord. 2631, 10-12-1999)
8-7-7-5: PROHIBITED ACTIONS AND ACTIVITIES:
A nontenant rental car business permit shall not be construed to permit a business holding such permit to have an office or station on Airport property, to park rental cars on Airport property, except in designated public parking facilities, or to operate rental cars on Airport property; and all of these actions and activities are expressly prohibited. (Ord. 2631, 10-12-1999)
8-7-7-6: ADVERTISING AND TELEPHONES:
A nontenant rental car business not having a nontenant rental car business permit shall not advertise or place a telephone on Airport property. A nontenant rental car business permittee may advertise its nontenant rental car business on Airport property but may not place a business telephone on Airport property. Fees for such advertising are not included in the permit fees and charges. Advertising fees, charges and locations must be negotiated separately in addition to permit fees and charges. (Ord. 2631, 10-12-1999)
8-7-7-7: CONDITION OF STRICT COMPLIANCE:
Every permit issued pursuant to this Chapter shall be conditioned upon strict compliance with the regulations set forth in this Chapter and the rules and regulations of the Joslin Field, Magic Valley Regional Airport. (Ord. 2631, 10-12-1999)
8-7-7-8: VIOLATION PROCEDURE:
Upon a showing of sufficient cause to believe that a violation of the rules and regulations specified in this Chapter has occurred, the Airport Manager may:
(A) Initiate proceedings to suspend or revoke the permit by notifying the permittee of the possible suspension or revocation of the permit and the grounds therefor. The notice shall specify the date, time and place of the hearing before the Airport Advisory Commission on the possible suspension or revocation of the permit and shall be served on the permittee by certified mail or personal service at least ten (10) working days before the scheduled date of the hearing. Failure of the permittee to actually receive a notice sent or served shall not invalidate the proceedings.
(B) Immediately suspend the permit upon a determination that the conduct of the permittee and its continued operation at the Joslin Field, Magic Valley Regional Airport presents an exigent danger to persons or property.
1. In such event, the Airport Manager shall notify the permittee by certified mail or personal service that the permittee must immediately cease and desist all activity authorized by the permit.
2. The notice shall specify the grounds for the immediate suspension of the permit and the date, time and place of the hearing before the Commission on the continued suspension or possible revocation of the permit. The hearing shall be held not more than five (5) working days from receipt by the permittee of the notice to cease and desist.
3. If the Airport Advisory Commission determines to continue suspension of the permit or to revoke the permit, the effective date of such suspension or revocation shall be the date the permittee received the notice to cease and desist. (Ord. 2631, 10-12-1999)
8-7-7-9: HEARING BEFORE AIRPORT ADVISORY COMMISSION:
Hearing on a denial of the issuance or transfer of a permit under this Chapter or on the suspension or revocation of a permit under this Chapter shall be before the Airport Advisory Commission. At such hearing the permittee may present evidence, call witnesses and be represented by counsel. The Commission may render its decision orally at the conclusion of the hearing, but shall provide the permit applicant or permittee with written notice of its decision not later than five (5) days after the date of the hearing.
(A) On appeal of a denial of the issuance or transfer of a permit, the Commission may affirm the denial or approve the issuance or transfer of a permit, and may, upon approval thereof, impose such reasonable conditions related to the use of the permit as are appropriate in the circumstances.
(B) After hearing on the suspension or revocation of a permit, the Commission may:
1. Revoke the permit.
2. Suspend the permit for a period not to exceed sixty (60) days. In its decision to suspend a permit, the Commission may provide for the reinstatement of the permit prior to the expiration of the suspension period upon the fulfillment of such reasonable conditions as the Commission may impose, and may further provide that in the event such conditions have not been fulfilled upon the expiration of the suspension period, the period of suspension will be extended for a stated additional period. In the event of an extension, notice thereof and the reasons therefor shall be provided to the permittee, but further hearing shall not be required, unless requested in writing by the permittee. Provided, however, that no suspension shall be continued for a total period in excess of sixty (60) days without notice and hearing as provided in this Chapter.
3. Issue a letter of warning notifying the permittee that any further violation may result in the suspension or revocation of the permit.
4. Allow the use of the permit to continue and impose such reasonable conditions related to the use of the permit as are appropriate under the circumstances. (Ord. 2631, 10-12-1999)
8-7-7-10: APPEALS:
An appeal of the decision of the Airport Advisory Commission under this Chapter may be taken to the City Council by filing a notice of appeal with the City Clerk within ten (10) working days of the date of the written decision of the Airport Advisory Commission. Notice of the date of hearing before the Council shall be provided to the appellant within fourteen (14) days of the hearing. At the hearing before the Council, the appellant may present evidence, call witnesses and be represented by counsel. The Council may affirm or reverse the decision of the Commission and may delete or modify conditions imposed by the Commission, or impose such reasonable conditions, as it deems appropriate. (Ord. 2631, 10-12-1999)
8-7-7-11: PERMIT APPLICATION FEE:
A fee payable in advance shall be charged to defray administrative costs of a permit request for each permit. The cost is not refundable in the event the permit application is rejected or in the event the permit is revoked. (Ord. 2631, 10-12-1999)
8-7-7-12: VIOLATION AND PENALTY:
The violation of any provision of this Chapter shall be considered a misdemeanor punishable by a fine of three hundred dollars ($300.00) and six (6) months in jail. (Ord. 2631, 10-12-1999)
8-7-7-13: SEVERANCE:
If any part of this Chapter is held invalid by any court or administrative agency, the remainder of this Chapter shall continue in full force and effect. (Ord. 2631, 10-12-1999)