(Ord. 3106, 10-5-2015)

This city code is hereby declared to be and shall constitute the official city code of the city of Twin Falls. Any reference made to the number of any section contained herein shall be understood to refer to the position of the same under its appropriate chapter and title heading, and to the general penalty clause relating thereto as well as to the section itself, when reference is made to this city code by title in any legal document. (Ord. 3106, 10-5-2015)

If any section, subsection, subdivision, paragraph, sentence, clause or phrase of this code or any part thereof is for any reason held to be unconstitutional or invalid or ineffective by any court of competent jurisdiction, such decision shall not affect the validity or effectiveness of the remaining portions of this code, or any part thereof. The city council hereby declares that it would have passed each section, subsection, subdivision, paragraph, sentence, clause or phrase thereof irrespective of the fact that any one or more sections, subsections, subdivisions, paragraphs, sentences, clauses or phrases be declared unconstitutional, invalid or ineffective. (Ord. 3106, 10-5-2015)

At the time of installing and swearing in the councilmen following each general city election, or special election called for the purpose of electing officials, the council shall elect one of their members to be designated the mayor. He/she shall serve for a period of two (2) years unless sooner removed by the council or becomes disqualified. The mayor shall preside at the meetings of the council and perform such other duties consistent with his office as may be imposed by the council. He/she shall be entitled to a vote on all matters coming before the council, but shall possess no veto power. He/she shall be recognized as the official head of the city for all ceremonial purposes, by the courts of the purposes of serving civil processes, and by the governor for military purpose. He/she may use the title of mayor in any case in which the execution of contracts or other legal instruments in writing, or other necessity arising from the general laws of this state may so require, but this shall not be construed as conferring upon him/her administrative powers or functions of a mayor under the general laws of the state. (Ord. 3106, 10-5-2015)

Upon taking office, the mayor shall appoint with the consent of the council any other councilman to act in the absence or disability of the mayor. Said appointed councilman shall be titled vice mayor and shall during the temporary absence or disability of the mayor, have all duties, powers and rights of the mayor. The designated vice mayor's term of appointment shall continue until another councilman is appointed vice mayor. (Ord. 3106, 10-5-2015)

The city council and its members shall deal with the administrative services of the city only through the city manager, except for the purpose of inquiry, and neither the city council nor any member thereof shall give orders to any subordinates of the city manager. It shall be the responsibility of the city council and its members to aid and assist in an advisory capacity any department head, individually or collectively, on any phase of policy and/or public relations, such association not to conflict with the administrative duties of the city manager. (Ord. 3106, 10-5-2015)

Department heads shall include deputy city managers, chief financial officer, police chief, fire chief, city engineer, public works director, economic development director, and human resource director. (Ord. 3106, 10-5-2015; amd. Ord. 2022-013, 7-18-2022)

Any person violating any section of this code for which special penalty be not provided, shall be guilty of the offense defined and upon conviction thereof shall be fined in a sum not exceeding one thousand dollars ($1,000.00) or imprisoned in the county jail for not more than six (6) months or by both such fine and imprisonment.

The city manager shall designate a code enforcement officer who shall have the right of ingress or egress to any premises for the purpose of inspecting for violations of this code, and shall be authorized to enforce this code by issuance of Idaho uniform citations. (Ord. 3106, 10-5-2015)

When a person is convicted of a violation of any section of this code, any license previously issued to him by the city may be revoked by the council or by the court having proper jurisdiction. (Ord. 3106, 10-5-2015)

The penalty provided in this chapter shall be applicable to every section of this code the same as though it were a part of each and every separate section. Any person convicted of a violation of any section of this code where any duty is prescribed or obligation imposed, or where any act which is of a continuing nature or declared to be unlawful shall be deemed guilty of a misdemeanor.

In all cases where the same offense is made punishable or is created by different clauses or sections of this code, the prosecuting officer may elect under which to proceed; but not more than one recovery shall be had against the same person for the same offense; provided, that the revocation of a license or permit shall not be considered a recovery or penalty so as to bar any other penalty being enforced.

Whenever the doing of any act or the omission to do any act constitutes a breach of any section or provision of this code and there shall be no fine or penalty specifically declared for such breach, the provisions of this chapter shall apply and a separate offense shall be deemed committed upon each day during or on which a breach or violation occurs or continues. (Ord. 3106, 10-5-2015)

Idaho Code sections 50-304, 50-811(10), and 50-606 authorize the City of Twin Falls ("City") to pass ordinances granting certain powers to the City Manager related to public health emergencies.

(Ord. 2020-007, 4-6-2020)

The City finds that the preservation of public health, safety, and welfare may require immediate action by the City in response to emergency situations. Therefore, the City hereby authorizes the City Manager certain powers for immediate response to foreseeable, imminent, or present public health emergencies.

(Ord. 2020-007, 4-6-2020)

This chapter sets forth the procedures for activating the emergency powers of the City Manager and the specific powers of the City Manager during a public health emergency.

(Ord. 2020-007, 4-6-2020)

For the purposes of this chapter, the following terms, phrases, words, and derivations shall have the meanings given herein. When not inconsistent with the context, words used in the present tense include the future tense, 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. Words used throughout this chapter, but not defined herein, shall have their plain, ordinary and common meaning. Words in any gender shall apply to the feminine, masculine, and neuter genders.

SOCIAL DISTANCING: Actions taken to maintain distance from other people, including avoiding or canceling congregate settings and mass gatherings.

(Ord. 2020-007, 4-6-2020)

The City Manager, being duly authorized by Idaho Code sections 50-304, 50-811(10), and 50-606, may issue the following orders, as deemed appropriate by the City Manager following consultation with or review of information issued by local, regional, statewide, or nationwide public health authorities.

   (A)   Advisory Order: Where a public health emergency is foreseeable or imminent, the City Manager may enact an advisory order, which order may provide information and recommended guidelines for preventing, detecting, and/or mitigating the onset or spread of a public health hazard.

   (B)   Social Distancing Order: Where a public health emergency is imminent, the City Manager may, with majority approval of the City Council, enact a social distancing order, which order may establish any or all of the following:

      1.   Appropriate restrictions regarding the operation or occurrence of planned or foreseeable commercial, recreational, or expressive gatherings or events.

      2.   Restrictions on travel through or visitation within the community.

      3.   Postponement or cancellation of public meetings and hearings.

      4.   A limit on the number of persons who may gather in one location and may apply to indoor or outdoor venues.

      5.   Measures to be taken in order to prevent, avoid, detect, address, or mitigate a foreseeable, imminent, or present public health hazard.

      6.   A social distancing order shall include an effective date and an anticipated expiration date, which may be extended in the same manner as the imposition of the initial order. A social distancing order shall apply within Twin Falls city limits, and five (5) miles outside Twin Falls city limits.

   (C)   Isolation Order: Where a public health emergency is present, and poses a clear threat of harm to the public health, the City Manager may, with super-majority approval of the City Council, enact an isolation order, which order may establish any or all of the following:

      1.   A directive that infected and/or exposed individuals isolate themselves from other persons.

      2.   Geographical areas of restricted or prohibited access.

      3.   Other measures necessary to avoid, address, or mitigate an imminent public health hazard.

      4.   The scope and manner of delivery of services, materials, or supplies to be provided by the City, if any.

      5.   Measures to be taken in order to prevent, avoid, detect, address, or mitigate a foreseeable, imminent, or present public health hazard.

      6.   Conditions of the isolation order.

      7.   An isolation order shall include an effective date and an anticipated expiration date, which may be extended in the same manner as the imposition of the initial order. An isolation order shall be effective only when and for so long as the public health emergency is present, and when no less restrictive alternative exists. Any person shall be entitled to appeal an isolation order, or to request a modification of any provision of such order by filing a written appeal with the City Clerk. Such appeal shall be heard by City Council at their next meeting, or, if no meeting is scheduled during the term of the isolation order, the Fire Chief or designee shall review such appeal and issue a written decision. The Fire Chief's decision shall be final.

   (D)   Quarantine Order: Where a health emergency is present, and poses a clear threat of harm to the public health, the City Manager may, with super-majority approval of the City Council, enact a quarantine order, which order may establish any or all of the following:

      1.   A directive that infected and/or exposed individuals isolate themselves from other persons.

      2.   Geographical or other areas of restricted or prohibited access.

      3.   Other measures necessary to avoid, address, or mitigate an imminent public health hazard.

      4.   The scope and manner of delivery of services, materials, or supplies to be provided by the City, if any.

      5.   Measures to be taken in order to prevent, avoid, detect, address, or mitigate a foreseeable, imminent, or present public health hazard.

      6.   Conditions of the quarantine.

      7.   A quarantine order shall include an effective date and an anticipated expiration date, which may be extended in the same manner as the imposition of the initial order. A quarantine order shall be effective only when and for so long as the public health emergency is present, and when no less restrictive alternative exists. Any person shall be entitled to appeal a quarantine order, or to request a modification of any provision of such order by filing a written appeal with the City Clerk. Such appeal shall be heard by City Council at their next meeting, or, if no meeting is scheduled during the term of the quarantine order, the Fire Chief or designee shall review such appeal and issue a written decision. The Fire Chief's decision shall be final.

(Ord. 2020-007, 4-6-2020)

   (A)   Advisory Order Enactment: The City Manager shall prepare a written advisory order and publish it pursuant to this section.

   (B)   Social Distancing Order: When enacting a social distancing order, the City Manager shall present to City Council, at a duly-noticed public meeting, the proposed social distancing order. Public input may be taken at such meeting, but a public hearing shall not be required. Following presentation to the City Council, a roll call vote will be taken. If approved by a majority of the City Council, the City Manager shall prepare a written order and publish it pursuant to this section. Except as may be specifically stated in the social distancing order, such order shall be effective upon posting at Twin Falls City Hall.

   (C)   Isolation Or Quarantine Order: When enacting an isolation or quarantine order, the City Manager shall present to City Council, at a duly noticed public meeting, the proposed order. Public input may be taken at such meeting, but a public hearing shall not be required. Following presentation to the City Council, a roll call vote will be taken. If approved by a super-majority of the City Council, the City Manager shall prepare a written order and publish it pursuant to this section. Except as may be specifically stated in the order, such order shall be effective upon posting at Twin Falls City Hall.

   (D)   Council Veto: A majority of Council members may override any action the City Manager takes pursuant to this chapter.

   (E)   Publication Of Public Health Emergency Order: As possible and prudent under the circumstances, the City Manager shall cause a public health emergency order to be published:

      1.   Posting the order in a prominent place at Twin Falls City Hall;

      2.   Posting the order on the City's website;

      3.   E-mailing the order to all persons subscribed to City e-mail notification services;

      4.   Posting the order to all City social media accounts;

      5.   Providing the order to local television and radio broadcast outlets; and

      6.   Notifying other government agencies, including Twin Falls School District, Twin Falls Highway District, Twin Falls County, and other municipalities.

   Except as may be specifically stated in the Public Health Emergency Order, such order shall be effective upon posting at Twin Falls City Hall.

(Ord. 2020-007, 4-6-2020)

Unless otherwise specifically prohibited by a Public Health Emergency Order duly enacted by the City Manager, the following activities shall be exempt from the scope of such order:

   1.   Any and all expressive and associative activity that is protected by the United States and Idaho Constitutions, including speech, press, assembly, and/or religious activity.

   2.   Educational institutions, which shall follow the duly adopted policies of their respective governing bodies.

   3.   Activities necessary to operate critical infrastructure and utilities.

   4.   Activities necessary to operate and use medical facilities and services.

   5.   Activities necessary to buy, sell, or otherwise deliver food and necessities.

(Ord. 2020-007, 4-6-2020)

During a public health emergency and upon issuance of a public health emergency order, the City Manager may suspend certain non-essential City government services and functions as deemed necessary and advisable given the specific public health emergency and in consideration of the health of employees and the general public. During such time, the City Manager may also suspend the regular meetings of City boards, commissions, committees created by the City Council of the City of Twin Falls. In order to facilitate such suspension of meetings, the ordinances providing for the regular meetings of these commissions shall be temporarily suspended. Those ordinances providing the timeline for processing applications shall also be suspended. The City Manager is also authorized to waive such internal rules, regulations and procedures as deemed necessary to protect the health and welfare of City employees.

(Ord. 2020-007, 4-6-2020)

In the context of this chapter, a public health emergency is a force majeure. No person shall be entitled to recover from the City of Twin Falls any costs incurred, or profits lost as may be alleged to be attributed to the enactment of a public health emergency order.

(Ord. 2020-007, 4-6-2020)

It shall be unlawful to violate any provision or directive of a duly enacted social distancing order, isolation order, or quarantine order while such order is in effect. The violation of any provision or directive of a social distancing order, isolation order, or quarantine order shall be a misdemeanor.

(Ord. 2020-007, 4-6-2020)