The International Fire Code as now or hereinafter amended, is adopted as the official code of the city together with the following amendments. The most current addition adopted by the State of Idaho shall prevail.

One copy of the fire code shall be kept in both the Fire Chiefs and Fire Marshal’s office.

   Delete the following language in Section 103.2 of the International Fire Code “... and the fire official shall not be removed from office except for cause and after full opportunity to be heard on specific and relevant charges by and before the appointing authority.”

   Add the following second paragraph to Section 104.1, General, International Fire Code.

   1.   Fire Marshal’s Authority. The Fire Marshal is authorized to administer and enforce this code. Under the Fire Marshal’s direction, the fire department is authorized to enforce all ordinances of the jurisdiction pertaining to:

      a)   The prevention of fires.

      b)   The suppression or extinguishment of dangerous or hazardous fires.

      c)   The storage, use and handling of hazardous materials.

      d)   The installation and maintenance of automatic, manual, and other private fire alarm systems and fire-extinguishment equipment.

      e)   The maintenance and regulation of fire escapes.

      f)   The maintenance of fire protection and the elimination of fire hazards on land and in buildings, and other property, including those under construction.

      g)   The maintenance of means of egress; and

      h)   The investigation of cause, origin and circumstances of fire and unauthorized release of hazardous materials, for authority related to control and investigation of emergency scenes see Section 104.11.

   Delete “required permit” from the last sentence of Section 105.1.1 of the International Fire Code and add “a permit if required by the authority having jurisdiction.”

   In the first sentence of Section 109.4 of the international Fire Code, delete “[SPECIFY OFFENCE], punishable by a fine of not more than [AMOUNT] dollars, or by imprisonment not exceeding [NUMBER OF DAYS], or both such fine and imprisonment” and add the word “misdemeanors”.

   1.   Driveway. Add “Driveway. A vehicular ingress and egress route that services no more than four (4) single family dwellings, not including accessory structures.” Four would allow contractors to build two duplexes or a triplex using the less resistive fire access road requirements. I feel 5 could allow for fire access that is too long and could cause issues in gaining access to all the buildings.”

   2.   Fire Station. Add “Fire Station, A building, or portion of a building that provides, at a minimum, all weather protection for fire apparatus.

   Temperature inside the building used for the purpose need to be maintained at or above thirty-two (32) degrees.”

      a)   To Section 501.3 after the phrase, Construction documents for proposed, add the word “driveways”.

      501.3 Construction documents for the proposed fire apparatus access, including driveways, location of fire lanes, security gates across fire apparatus access roads and/or driveways and construction documents and hydraulic calculations for fire hydrant systems shall be submitted to the fire department for review and approval prior to construction.

      b)   To Section 501.4 Where fire apparatus access roads, add the words “and/or driveways.”

      a)   To section 502, add the following word “DRIVEWAY and the word Fire Station.”

      a.   To section 503, add the following definition, “FIRE STATION, A building, or portion of a building that provides, at a minimum, all weather protection for fire apparatus. Temperatures inside the building used for this purpose must be maintained at above thirty-two (32) degrees Fahrenheit.”

      b.   To section 503 add the words, “AND DRIVEWAYS” to the section heading.

      c.   Section 503 Fire Apparatus Access Roads and Driveways.

         i.   To section 503.1.1 add the following sentence, “Driveways need to be provided and maintained in accordance with Sections 503.1.1 through 503.1.3.”

            503.1.1 Buildings and Facilities. Approved fire apparatus access roads shall be provided for every facility, building or portion of a building within the jurisdiction. The fire apparatus access road shall comply with the requirements of this section and shall extend to within 150 feet of all portions of the facility and all portions of the exterior walls of the first story of the building as measured by an approved route around the exterior of the building or facility. Driveways need to be provided and maintained in accordance with Section 503.1.1 through 503.1.3.

      d.   Add the following section, “503.7 Driveways. Need be provided when any portion of an exterior wall of the first story of a building is located more than 150 feet (45720mm) from a fire apparatus access road. Driveways will provide a minimum unobstructed width of 20 feet (3658mm) and a minimum unobstructed height of 13 feet 6 inches (4115mm). Driveways in excess of 150 feet (45720mm) in length need to be provided with turnarounds. Driveways in excess of 200 feet (60960mm) in length and less than 20 feet (6096mm) in width may require turnouts in addition to turnarounds.”

      e.   Add the following section, “503.7.1 Limits. A driveway cannot serve in excess of four single family dwellings or a combination thereof.

         a.   Example two duplexes or a triplex and a single-family dwelling.

      f.   Add the following section, “503.7.2 Turnarounds. Driveway turnarounds need to have an inside turning radius of not less than 35 feet (9144mm) and an outside turning radius of not less than-50 feet (13716mm). Driveways that connect with an access road or roads at more than one point may be considered as having a turnaround if all changes of direction meet the radius requirements for driveway turnarounds.”

      g.   Add the following section, “503.7.3 Turnouts. Where line of sight along a driveway is obstructed by a man-made or natural feature, turnouts need to be located as may be needed by the fire code official to provide for safe passage of vehicles. Driveway turnouts will be of an all-weather road surface at least 12 feet (3048mm) wide and 40 feet (9144mm) long.”

      h.   ADDRESS NUMBERS

         a.   Buildings shall have approved address numbers, or approved building Identification placed in a position that is plainly legible, visible from the street or frontage road fronting the property and of a contrasting color, Light on Dark, or Dark on Light. (IFC 505.1).

         b.   Address size is based on distance from center of the street to the building: up to 50 ft. is 4 in., 51 to 100 ft. is 6 in., 101 to 150 ft. is 8 in., 151 to 200 ft. is 10 in. and greater than 200 ft. is 12 in.

         c.   If 12 in. letters are not visible from the street or frontage road an address sign shall also be installed at the entrance from the street or frontage road. The sign shall be white with 4" Black numbers.

         d.   In an effort to be consistent with other buildings being built in ‘the area, address numbers must be placed on the upper right side of the building that faces the street, or as agreed upon by the City of Twin Falls Fire Marshal.

         e.   4" suite lettering (of a contrasting color) shall be placed at the top of the main entry door. Suite numbers shall start on the left (as you look at the store front) and increase as you move right.

         f.   A fully visible temporary address sign shall be posted on all construction sites and remain in place until the permanent address is in place.

         g.   Add the following section, “503.7.7 Security Gates. Where security gates are installed, they need to have an approved means of emergency operation. The security gates and emergency operation will be maintained operational at all times.”

         h.   Add the following section, “503.7.8 Surface. “Driveways need to be designed and maintained to support 75,000 pounds and will be surfaced to provide all weather driving capabilities.”

   1.   When this code references the appendix, the provisions of the appendix shall not apply unless specifically incorporated by reference. The following appendixes of the International Fire Code are incorporated by reference:

      a)   Appendix B, Fire Flow Requirements for Buildings.

      b)   Appendix C, Hydrant Location and Distribution.

      c)   Appendix D, Fire Apparatus Access Roads.

         I.   To Section DI01.1 Scope, add the following sentence “Driveways as described in section 503.7 through 503.11 are not subject to the reequipments of this appendix.

         II.   To Section DI03.2 add the words and/or Driveways after the word road.

      d)   Appendix E, Hazard Categories.

      e)   Appendix F, Hazard Ranking.

      f)   Appendix G, Cryogenic Fluids Weight and Volume Equivalents.

      g)   Appendix I, Fire protection systems- Noncompliant conditions. (Ord. 2022-002, 3-7-2022)

The power and duties of the bureau of fire prevention wherever mentioned in said fire code shall be vested in the Fire Marshal of the city. (Ord. 2022-002, 3-7-2022)

   (A)   Authority To Grant Modification: The city council may authorize in specific cases such modification of the terms of the international fire code as adopted as will not be contrary to the public interest where, owing to special conditions, a literal enforcement of the provisions of the code would result in unnecessary hardship. Modifications shall not be granted on the grounds of inconvenience or profit, but only where strict application of the provisions of the international fire code as adopted would result in unnecessary hardship.

   (B)   Hearing Requirement: The city council, prior to modifying the requirements of the international fire code as adopted, shall conduct a hearing at which interested persons shall have an opportunity to be heard. Property owners adjoining the parcel under consideration shall be notified of the time and place of the hearing, along with a summary of the proposal, at least ten (10) days prior to the hearing unless such notice is waived by all such adjoining property owners.

   (C)   Application: A modification of the terms of the international fire code as adopted shall not be granted by the city council unless and until a written application for a modification is submitted to the city council containing:

      1.   Name, address, and phone number of applicants.

      2.   Legal description of the property.

      3.   Description of modifications requested.

      4.   A narrative statement, documentation, and technical support data demonstrating that the building site conforms to all the following standards:

         (a)   Special conditions and circumstances exist which are peculiar to the land, structure or building involved and which are not applicable to other lands, structures, or buildings.

         (b)   A literal interpretation of the provisions of the international fire code as adopted would deprive the applicant of rights commonly enjoyed by other properties under the terms of the international fire code as adopted.

         (c)   Granting the modification requested will not confer on the applicant any special privilege that is denied by the international fire code as adopted to other lands, structures or buildings.

A modification shall not be granted unless the city council makes specific findings of fact based directly on the particular evidence presented to it which support conclusions that the above-mentioned standards and conditions have been met by the applicant.

   (D)   Modifications Limited: A resolution of the city council modifying the requirements of the international fire code as adopted is not and shall not be construed as modifying any requirements imposed by the state or federal governments.” (Ord. 2022-002, 3-7-2022)

   (A)   Air Guns And Slingshots: No person shall discharge any air gun, flipper or other contrivance which propels a missile or missiles by use of compressed air, springs or any elastic substance.

   (B)   Reserved.

   (C)   Unlawful Discharge Of Guns And Firecrackers 1 : It shall be unlawful for any person to fire or discharge any cannon, gun, fowling piece, pistol or firearm of any description, or fire, explode or set off any firecracker or fireworks of any description, except as provided by ordinance.

   (D)   Permits: Notwithstanding any other provision of this section, the city council may grant permits to persons or businesses permitting the discharge of air guns, flippers, bows and arrows, pistols or firearms within the city limits, subject to any specific conditions that the council may require. (1958 Code § 10-1-27; amd. Ord. 2277, 7-17-1989; Ord. 2021-018, 11-8-2021)

(Rep. by Ord. 2132, 12-17-1984)

   (A)   Disorderly Conduct: Ever person who wilfully causes loud or unusual noise or engages in tumultuous or offensive conduct or threatens, traduces, quarrels, challenges to fight, or who does anything offensive to the senses or dangerous to or disturbs the peace or quiet of any person, persons or neighborhood, shall be guilty of disorderly conduct and upon conviction shall be guilty of a misdemeanor.

   (B)   Construction Noise: Every person who engages in the construction/repair of buildings, including site excavation, grading, and landscape installation between the hours often o'clock (10:00) P.M. and six o'clock (6:00) A.M. shall be guilty of an infraction. This prohibition against construction noise shall not apply to the following:

      1.   Emergency work or cases of urgent necessity in the interest of public health and safety,

      2.   A government agency acting within the scope of its functions, and

      3.   Other work activities as may be previously authorized by the Building Official, Public Works Director, or the City Manager.

   (C)   Public Intoxication: Every person, who is in public and intoxicated at a level that presents a danger to others or creates a disturbance of the peace, shall be guilty of a misdemeanor.

   (D)   Fighting: Every person who intentionally, knowingly, or recklessly fights with another person in a public place, shall be guilty of a misdemeanor.

   (E)   Public Urination: Every person who excretes human waste, including urine or feces, upon the ground, into a body of water, or upon anything attached or setting upon said surfaces, except for toilet facilities used as receptacles for human waste, shall be guilty of a misdemeanor.

   (F)   Disorderly House: No person shall keep a disorderly house or place of business or shall permit or suffer any drunkenness, fighting, quarreling, unlawful games or riotous or disorderly conduct or breach of the peace in any house, place or building owned, kept, used or occupied by him. (Ord. 3112, 1-25-2016; amd. Ord. O-2024-011, 8-19-2024)

   (A)   Cruelty To Animals: No person shall torture or cruelly beat or otherwise ill treat any animal. (1958 Code § 10-1-5)

   (B)   Careless Driving Of Animals: No person shall recklessly or carelessly drive or ride any horse or animal on any street, alley or other public place. (1958 Code § 10-1-10)

   (C)   Prohibited Traps: It shall be unlawful for any person to set a leg-hold trap, conibear or body trap, or snare trap designed to injure or kill an animal. This subsection shall not apply to those authorized by the Idaho Department of Fish and Game, pursuant to Idaho Code, title 36, chapter 11, to set such a trap. Any person convicted of violating the provisions of this subsection shall pay an infraction penalty of one hundred dollars ($100.00). (Ord. 2018-023, 11-26-2018)

   (A)   Tobacco To Minors: No person shall sell or give away, directly or indirectly, any tobacco to any person under the age of eighteen (18) years. (1958 Code § 10-1-6)

   (B)   Liquor Or Beer To Minors: No person shall sell or give or in any way supply any vinous, malt or spirituous liquors to any minor. (1958 Code § 10-1-26)

   (A)   No person shall have in his possession or on his person while occupying, riding in, riding on, or driving a motor vehicle whether upon a highway, street, or bridge or upon public property or private property open to public use, excluding public parks, any bottle, can, or other receptacle which is open, has been opened or the seal of which has been broken, and which contains any alcoholic beverage. The transportation of an alcoholic beverage in a vehicle outside of the passenger compartment shall not be a violation of this section.

   (B)   No person shall drink any alcoholic beverage in any motor vehicle when such vehicle is traveling upon a highway, street, or bridge or upon public property or private property open to public use.

   (C)   It shall be unlawful for any person to use, possess with the intent to inhale, or be under the influence of, inhalants. It shall be unlawful for any person to possess with intent to use, paraphernalia for the inhalation of inhalants. It shall be unlawful for any person to be present in a place where he/she knows inhalants are used or are being held for use. For the purposes of this section, the term "inhalants" means anything capable of causing a condition of intoxication or impairment as a result of the inhalation of its smoke, fumes or vapors. (Ord. 3027, 5-29-2012)

   (A)   Resisting An Officer: No person shall molest, interfere with, resist or threaten any officer engaged in the exercise of his official duties. (1958 Code § 10-1-16)

   (B)   Impersonating An Officer: No person shall falsely represent himself to be an officer of the City, or shall impersonate or attempt to impersonate such officer, or shall without authority perform or attempt to perform any official act for or on behalf of such officer. (1958 Code § 10-1-18)

   (A)   Prostitution: No person shall pursue or advertise in any manner her vocation as a prostitute, and no person shall advertise the vocation of a prostitute or solicit for her. (1958 Code § 10-1-20)

   (B)   House Of Ill Fame: No person shall either keep or assist in keeping a house of ill fame resorted to for the purpose of prostitution or lewdness, or to be employed in such house in any capacity, or reside therein; nor shall any person resort to any house of ill fame for the purpose of prostitution or lewdness. (1958 Code § 10-1-21)

   (A)   Obstructing Public Way: No person shall obstruct, or cause to be obstructed, any sidewalk, street, alley or other public place without permission therefor applied for and obtained.

   (B)   Jumping From Trains: No person, except employees of the company owning the same, shall jump on or from or ride upon any train of railroad cars, or any car or engine or part of such train, while the same is in motion, without the permission of those in charge thereof.

   (C)   Unlawful Markings: It shall be unlawful for any person to mark or stencil with paint or in any other manner or to write or print with paint or in any other manner on any sidewalk, curbing, street, avenue or alley within the limits of the city. The provisions of this section shall not apply to the marking of or writing, stenciling or printing upon curbs, streets, avenues and alleys within the city limits for the purpose of guiding and controlling traffic therein, if such markings adhere to the following restrictions:

      1.   Numbers only (No larger than four inches (4") by six inches (6")) using stencil or similar;

      2.   Stenciling length can be no longer than twenty-four inches (24"):

      3.   Black numbering on white background or white numbering on black background; and

      4.   No painting on sidewalk above curb nor gutter below curb.

      The City of Twin Falls will not maintain painted/stenciled curb address.

   (D)   Destruction Of Shrubs And Flowers: It shall be unlawful for any person to injure, destroy, disfigure, or maim any tree, shrubbery or flower bearing plant growing or maintained in or upon any public parks or grounds within the city 1 .

   (E)   Malicious Injury To Property: No person shall maliciously injure or destroy any real or personal property, not his own, within the city.

   (F)   Glass Containers: The use of glass containers shall be prohibited in public parking lots or private parking lots open to public use.

   (G)   Parking Lot Use: It shall be unlawful for any person to loiter, idle, wander, stroll, or remain in or upon any public parking lot or any private parking lot open to public use between the hours of nine thirty o’clock (9:30) P.M. and six o’clock (6:00) A.M. when such parking lot is posted with appropriate signs or notices at the points of access. (Ord. 2101, 5-7-1984; amd. Ord. 2023-003, 3-6-2023)

Every person, except under landlord-tenant relationship, who, being first notified in writing or verbally by the owner or authorized agent of the owner of real property, to immediately depart from the same and not to return, and who refuses to so depart or thereafter returns after being so notified, shall be guilty of an infraction punishable by a fine of one hundred dollars ($100.00). (Ord. 2697, 7-2-2001)

(Rep. by Ord. 2132, 12-17-1984)

   (A)   Depositing Ashes: It shall be unlawful for any person to deposit any ashes, cause the same to be deposited or placed, or to permit or suffer the same to be or remain in any wooden vessel, or receptacle, or any vessel or receptacle composed or made of combustible material, but said ashes shall be placed and kept in some safe depository or receptacle of galvanized iron or other noncombustible material, and not less than two inches (2") from any woodwork or structure, or deposited on the ground not less than ten feet (10') from any wood building or structure. (1958 Code, ch. X, art. 1, sec. 30)

   (B)   Disposal Of Combustibles: Any person making, using or having the charge and control of shavings, hay, straw, sacks, bags, litter or any other combustible material or fragments, shall at the close of each day cause the same to be securely deposited, disposed or removed so as to be safe from fire. All receptacles for waste, rags, paper and other substances liable by spontaneous combustion or otherwise to cause fire, must be made of noncombustible material. (1958 Code, ch. X, art. 1, sec. 31)

   (C)   Storage Of Explosives: No explosive of inflammable compound or combustible material of any kind shall be kept, stored or placed near the doorway or stairway of any building or used in such a place or manner as to obstruct or render egress hazardous in the case of fire. (1958 Code, ch. X, art. 1, sec. 32)

   (A)   False Fire Alarms: It shall be unlawful for any person to knowingly report, start or spread any false alarm of fire within the city to the fire department or to any other person which results in a report or call to the fire department. (1958 Code, ch. X, art. 1, sec. 38)

   (B)   False Reports Of Law Violation: It shall be unlawful for any person to knowingly make a false report of any law violation within the city to the police department or to any other person which results in a report or call to said police department. (1958 Code, ch. X, art. 1, sec. 39)

It shall be unlawful for any person to allow or permit to remain upon any roof any accumulation of paper, hay, moss or any other inflammable material or combustible rubbish of any description. (1958 Code, ch. X, art. 1, sec. 33)

   (A)   Possession Prohibited: It shall be unlawful for any person to possess or have under his control for any unlawful purpose, any explosive, bomb, incendiary device, Molotov cocktail or other destructive device.

   (B)   Definitions: For the purposes of this section the following words shall have the following meanings:

BOMB: An explosive compound or mixture with a detonator and/or initiator.

DESTRUCTIVE DEVICE: Any explosive, incendiary or poison gas bomb, grenade, mine, rocket, missile or similar device and includes the unassembled components from which such a device can be made.

EXPLOSIVE: Gun powder, powders used for blasting, all forms of high explosives, blasting materials, fuses, detonators and other detonating agents, smokeless powders and any chemical compounds, mechanical mixture or device that contains any oxidizing and combustible units or other ingredients in such proportions, quantities or packing that ignition by fire, friction, concussion, percussion or detonation of the compound, mixture or device or any part thereof may cause an explosion.

INCENDIARY DEVICE: Any flammable material or container containing a flammable liquid or material whose ignition by fire, friction, concussion, detonation or other method produces destructive effects primarily through combustion rather than explosion.

MOLOTOV COCKTAIL: A breakable container containing an explosive or flammable liquid or other substance, having a wick or similar device capable of being ignited and may be described as either an explosive or incendiary device. A Molotov cocktail is not intended to mean a device commercially manufactured primarily for the purpose of illumination or other such uses.

   (C)   Penalty: Any person who shall violate any of the provisions of this section shall be deemed guilty of a misdemeanor and upon conviction thereof shall be fined in a sum not to exceed three hundred dollars ($300.00) and may be imprisoned for a period of time of not more than six (6) months; or by a combination of such fine and imprisonment. (Ord. 2132, 12-17-1984)

It shall be unlawful for any person who is not a law enforcement officer to impersonate or hold himself or herself out to be a police officer or an employee of the city, county or state law enforcement agency; nor shall any such person wear any uniform, badge, shoulder patch, chevron or other emblem or insignia similar to or in imitation of those worn by members of any city, county, or state law enforcement agencies; nor shall any such person operate or permit to be operated any motor vehicle equipped with a siren or flashing blue or red lights; or which shall display the word "Police", or the name of any city, county or state; or which shall display any star, shield, emblem, insignia or color scheme similar to or in imitation of those displayed on vehicles used by city, county or state law enforcement agencies. (Ord. 2261, 5-1-1989)

   (A)   Definitions:

CANAL: Any body of water used for the purpose of holding or conveying water for manufacturing, agricultural, mining or domestic purposes. This definition includes channel, coulee, ditch, lateral and reservoir.

RECREATIONAL USE: The recreational use of water including, but not limited to, swimming, wading, floating, diving or playing within water.

   (B)   Unlawful Use Of Canals: It is unlawful for any person to use a canal within the city for any recreational use. Any person found to be in violation of this section shall be guilty of a misdemeanor. (Ord. 2390, 8-3-1992)

   (A)   Any person who knowingly buys, sells, receives, disposes of, conceals, or has in his or her possession any personal property from which the manufacturer's serial number, identification number or any distinguishing number or identification mark has been removed, defaced, covered, altered or destroyed, is guilty of a misdemeanor.

   (B)   When property described above comes into the custody of a police officer, it shall be considered stolen property and subject to state law relating to disposal of stolen, lost or abandoned property; provided, however, that prior to being disposed of, such property shall have an identification mark imbedded, engraved or permanently affixed. (Ord. 2590, 8-17-1998)

   (A)   Definitions: For the purposes of this section the following words shall have the following meanings:

NUDITY: The showing of the human male or female genitals, pubic area, or buttocks with less than a fully opaque covering; the showing of the female breast with less than a fully opaque covering of any part of the nipple; the exposure of any device, costume, or covering which gives the appearance of or simulates the genitals, pubic hair, natal cleft, perineum, anal region or pubic hair region; or the exposure of any device worn as a cover over the nipples and/or areola of the female breast, which device simulates and gives the realistic appearance of nipples and/or areola.

   PUBLIC PLACE: Includes all outdoor places owned by or open to the general public, and all buildings and enclosed places occupied by or open to the general public, including such places of entertainment, taverns, restaurants, clubs, theaters, dance halls, banquet halls, party rooms or halls limited to specific members, restricted to adults or to patrons invited to attend, whether or not an admission charge is levied.

   (B)   Violations: It shall be unlawful for a person to knowingly and intentionally, in a public place, appear in a state of nudity.

   (C)   Exclusions: This prohibition shall not apply to any child under the age of ten (10) years, or any person exposing a breast in the process of breast-feeding.

   (D)   Construction And Severability: It is the intention of the city of Twin Falls that the provisions of this section be construed, enforced and interpreted in such a manner as will cause the least possible infringement of the constitutional rights of free speech, free expression, due process, equal protection or other fundamental rights consistent with the purposes of this section. Should a court of competent jurisdiction determine that any part of this section, or any application or enforcement of it is excessively restrictive of such rights or liberties, then such portion of this section, or specific application of this section, shall be severed from the remainder, which shall continue in full force and effect.

   (E)   Penalty: Violation of the provisions of this section is a misdemeanor punishable by a fine of up to three hundred dollars ($300.00) and/or six (6) months in jail, or both. (Ord. 2699, 7-23-2001)

It shall be unlawful for any person to keep or maintain any pigs, hogs, or rooster chickens within the corporate limits of the City. (Ord. 2018-12, 4-16-2018)

(Rep. by Ord. 2132, 12-17-1984)

(Rep. by Ord. 2132, 12-17-1984)

It shall be unlawful to keep or maintain any horses, mules, donkeys, cows, sheep, goats, poultry (more than 4 hen chickens) or rabbits (more than 3 rabbits), or any other animals except dogs, cats or other animals kept inside a residence or place of business at all times in the City limits without first obtaining a permit from the Code Enforcement Coordinator, which permit shall be granted subject to the applicant meeting the following specifications:

   (A)   To maintain or keep poultry or more than three (3) rabbits, the applicant must have at least five thousand (5,000) square feet of real property for each twenty five (25) fowl or for more than three (3) and up to twenty five (25) rabbits and in no event shall the fowl or poultry or rabbit run or enclosure be less than forty feet (40') from a dwelling other than that of the applicant. The City Council may, at the request of the applicant, grant a variance from the minimum five thousand (5,000) square feet of real property requirement for the maintenance or keeping of each twenty five (25) fowl.

   (B)   To maintain or keep one cow, one horse, one llama, or any other similarly sized animals except dogs and cats, the applicant must have at least one acre of real property. Within that property there must be at least ten thousand (10,000) square feet of real property or pasture land devoted exclusively for the use of each animal. Fences enclosing such animals must be so constructed so as to prevent the animals from going upon the property of adjoining property owners in any manner whatsoever. Applicants not in compliance with this section prior to its amendment shall be given a period of five (5) years to come into compliance with the minimum square footage requirements. Each animal must have access to a three-sided roofed structure for purposes of shelter. The structure shall be maintained at least forty (40) feet from the house of any adjoining homeowners.

   (C)   To maintain one sheep, one goat, one alpaca or similarly sized animal except dogs and cats, the applicant must have at least one half acre of real property. Within that property there must be at least five thousand (5,000) square feet of real property or pasture land devoted exclusively for the use of each animal. Fences enclosing such animals must be so constructed so as to prevent the animals from going upon the property of adjoining property owners in any manner whatsoever. Applicants not in compliance with this section prior to its amendment shall be given a period of five (5) years to come into compliance with the minimum square footage requirements. Each animal must have access to a three-sided roofed structure for purposes of shelter. The structure shall be maintained at least forty (40) feet from the house of any adjoining homeowners.

   (D)   All premises used in accordance with this code section 6-3-4 shall be subject to approval and inspection by Code Enforcement for each new applicant. (Ord. 2408, 6-7-1993; amd. Ord. 2018-12, 4-16-2018; Ord. O-2023-017, 12-18-2023)

Refer to the city's Master Fee Schedule for current permit fees. (Ord. 2408, 6-7-1993; amd. Ord. O-2023-017, 12-18-2023)

(Rep. by Ord. 2197, 3-16-1987)

   (A)   Animal locations, structures, pens, corrals and any other premises or structure used for the keeping of and maintaining of horses, cows, sheep, goats, rabbits, chickens, doves and pigeons or any other animals must be kept in a clean and sanitary condition, free from obnoxious odors and substances. All persons who keep or maintain any horses, cows, sheep, goats, rabbits, chickens, doves or pigeons or any other animals shall keep them confined at all times in enclosures strong enough or staked out or picketed on the premises, or in such a manner as to prevent the said animals or fowl from going upon the premises or property of another. It shall be unlawful for any person keeping or maintaining any of said animals or fowl to allow the same to create a disturbance to the residents in the particular locality by creating any noise, odor or damage to the adjacent property, and the keeping and maintaining of said animals and fowl shall not interfere with the peaceful and quiet enjoyment of such property by such adjacent owners or residents.

   (B)   All other animals found in city limits, including pets and service animals, must be kept in sanitary conditions with sufficient access to shelter, food, and water so as to maintain the health of the animal. (1958 Code ch. VII art. 1; amd. Ord. O-2023-017, 12-18-2023)

   (A)   The Code Enforcement Coordinator shall issue a permit to keep or maintain animals in the City only after the recommendation of the City Chief of Police or his designee. The Chief of Police or his designee shall inform the Code Enforcement Coordinator that the requirements of this chapter have been complied with before the Code Enforcement Coordinator shall issue such permit. The Chief of Police or his designee may deny the issuance of a permit if fraudulent or untrue representations are made by the applicant or the applicant is in violation of any of the provisions of this chapter.

   (B)   Before being issued a permit, the applicant shall circulate a petition among all those households located within three hundred feet (300') of the applicant's property. The petition shall state the number and type(s) of animals the applicant wishes to keep and shall give the location of the property on which the applicant wishes to keep the animals. The applicant must obtain an acknowledgment from every household within three hundred feet (300') whether the household resident approves or disapproves of the application, and must receive the approval of seventy five percent (75%) of the households located within three hundred feet (300') of his property before an animal permit will be issued. If the applicant is unable to obtain an acknowledgment from a household within three hundred feet (300'), the applicant may substitute a statement for the household excluded, explaining the attempts made to obtain the acknowledgment, and the results of those attempts.

      The Chief of Police or his designee shall not issue a permit if acknowledgment and approval, as described above, has not been met.

   (C)   The Chief of Police or his designee, prior to the issuance of a permit, may inspect places and premises where any of the animals are kept or housed and, if a violation of this chapter is found to exist, the Chief of Police or his designee shall deny issuance of the permit to the applicant. (Ord. 2197, 3-16-1987; amd. Ord. 3018, 10-24-2011; Ord. O-2023-017, 12-18-2023)

If the applicant is aggrieved by the decision of the Chief of Police or his designee the applicant may appeal such decision to the City Council within seven (7) days of notice of the decision of the Code Enforcement Coordinator. The applicant must, in writing, appeal to the City Council and set forth the reasons therefor why the applicant should not be denied a license. The City Council shall set the time and place for a hearing a reasonable period of time subsequent to applicant's written notice of appeal. Notice of such hearing shall be personally served upon the applicant, or mailed postage prepaid to the applicant 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. (Ord. 2197, 3-16-1987; amd. Ord. O-2023-017, 12-18-2023)

   (A)   Recommendation Of Revocation: The Chief of Police or his designee may recommend to the City Council the revocation of any permit upon evidence that any of the conditions set forth in this chapter are a prerequisite to the issuance of a permit have been violated, or that the permit was issued upon fraudulent or untrue representations by the applicant, or seventy five percent (75%) of the households located within three hundred feet (300') of the premises where any of the animals are being kept or maintained, file a petition for such revocation, or that the person holding the permit has violated any of the provisions of this chapter or title 7 of this Code.

   (B)   Inspection: All places and premises upon which any of the animals are kept or housed shall be open at all times for inspection by the Chief of Police or his designee. If, upon inspection, there is found to exist any violation of any provision of this chapter, the Chief of Police or his designee shall give the person responsible for such violation a written notice specifying the violation in particular and requiring such offender to abate or correct the same within a period of twenty four (24) hours. If the violation is not abated or corrected within the twenty four (24) hour period, the Chief of Police or his designee shall recommend to the City Council that the permit of such person be revoked.

   (C)   Revocation Of Permit: The City Council may revoke any permit issued under this chapter for violation of any of the provisions of this Code or ordinance of the City or laws of the State of Idaho. Prior to revocation by the City Council, the Chief of Police or his designee or City Council shall notify the applicant in writing, setting forth specifically the grounds of the complaint and the time and place of the hearing. Such notice shall be personally served upon the permittee, or mailed postage prepaid to the permittee at his last known address at least three (3) days prior to the date set for the hearing. (Ord. 2197, 3-16-1987; amd. Ord. O-2023-017, 12-18-2023)

For the purpose of selling, loading and shipping any horses, cows, pigs, hogs, goats, sheep or chickens, it shall be lawful to keep the same in loading pens provided for said purpose, but no such animals shall be kept in such pens within the corporate limits of the City for a period of more than thirty six (36) hours except by written permission of the Chief of Police or his designee. (1958 Code ch. VII art. 1; amd. Ord. 2197, 3-16-1987; amd. Ord. O-2023-017, 12-18-2023)

This chapter shall apply to all animals and poultry now within the City and to those subsequently brought into the City; provided, however, that the provisions of sections 6-3-1, 6-3-4 and 6-3-5 of this chapter shall not become effective for areas annexed into the City after the effective date hereof for a period of two (2) years after annexation into the City. The provisions of subsection 6-3-8(B) of this chapter requiring the circulation of a petition before issuance of an animal permit shall not apply to animals on property annexed into the City for such time as the same number and type of animals continue to be kept or maintained on the property. (Ord. 2966, 4-13-2009)

Any person, who, after having been warned in writing by Code Enforcement, willfully or negligently permits any animal, excluding domestic cats, owned or possessed or harbored by him to be, or run, at large without a competent and responsible attendant or master, within the limits of the city, or who willfully or negligently fails, neglects or refuses to keep any such animal securely confined within the limits of his own premises when not under the immediate care and control of a competent and responsible attendant or master, shall be guilty of an infraction punishable with a fine of three hundred dollars ($300.00). (Ord. O2023-017, 12-18-2023)

For the purpose of this chapter, unless it is plainly evident from the context that a different meaning is intended, certain terms used herein are defined as follows:

ANIMAL CONTROL OFFICER: That person or persons who are charged with the primary responsibility for the immediate enforcement of the provisions contained in this chapter.

ANIMAL SHELTER DIRECTOR: Persons contracted with the city of Twin Falls to operate the city animal shelter in accordance to the rules and regulations (ordinances) of the city of Twin Falls.

AT LARGE: Any dog which is not confined within a fenced or completely enclosed area or on a chain or leash.

DOG: Any male, female, spayed female or neutered male dog of any age.

DOG OF LICENSING AGE: Any dog which has attained the age of six (6) months.

IMPOUNDED: Having been received into the custody of the animal shelter or into the custody of the animal control officer or police department or any authorized agent or representative thereof.

KENNEL: Any lot, building, structure, enclosure or premises where more than four (4) dogs and four (4) cats over the age of four (4) months are raised, kept, housed, or boarded for a fee, or for a period of more than thirty (30) days, excluding licensed veterinary offices.

OWNER: When applied to the proprietorship of a dog shall mean any person or persons, firm, association or corporation owning, keeping or harboring a dog.

SHELTER: An animal shelter, lot, premises or building maintained by the city for the confinement and care of dogs seized either under the provisions of this chapter or otherwise.

UNLICENSED DOG: A dog for which the license for the current year has not been paid, or to which the tag provided for in this chapter is not attached.

VICIOUS DOG: A dog that has bitten, clawed or otherwise harmed, or constitutes a physical threat, or a dog whose temperament or habits endanger or menace any person or other animal without provocation by such person or animal. This term shall not include a dog that bites, attacks or menaces a person or other animal that has tormented or injured the dog. (Ord. 2882, 11-6-2006; amd. Ord. 2931, 3-10-2008)

All dogs six (6) months of age or older, kept, harbored, or maintained by any person in the city shall be licensed and registered. Dog licenses shall be issued by the animal shelter upon payment of a license fee as herein provided. Payment of the license fee shall be made to the animal shelter. (Ord. 2882, 11-6-2006)

   (A)   The owner, possessor or keeper of any dog six (6) months of age or over shall make application for and obtain a license and registration tag for such dog.

   (B)   At the time of making application the owner, possessor or keeper of any dog shall:

      1.   State his name and address and the sex, breed and color of each dog owned or kept by him.

      2.   Pay a license fee for each dog licensed. A standard fee shall be set by resolution of the city council and shall be used by the shelter to reimburse its costs of operation. (Ord. 2882, 11-6-2006)

   (A)   All dogs six (6) months and older shall be licensed on an annual basis.

   (B)   All licenses shall expire January 31 of the following year as stamped on the dog tag issued. (Ord. 2882, 11-6-2006)

   (A)   The following dogs need not be licensed:

      1.   Any dog not yet six (6) months of age.

      2.   Any dog whose owner, keeper or possessor is a nonresident of the city and who is temporarily within the city for thirty (30) days or less.

      3.   Any dog brought into the city for the sole purpose of participating in any dog show or dog contest.

   (B)   Any dog which has been duly or properly trained to assist the blind, physically or mentally disabled and is now acting in that capacity shall be licensed without fee. (Ord. 2882, 11-6-2006)

Upon payment of the license fee, the animal shelter shall issue to the owner a certificate and a metallic tag for each dog so licensed. The tag shall have stamped thereon the words "Twin Falls Dog Tag" and the license number corresponding with the tag number of the certificate. Every owner shall be required to provide each dog with a collar or harness to which the license tag must be affixed and shall see that the collar and tag are constantly worn. Show dogs during showings are exempted from wearing the collar and tag.

   (A)   Duplicate dog tags shall be issued upon payment of one dollar ($1.00) for each tag so issued to replace the original tag that was lost or destroyed.

   (B)   Dog tags shall not be transferable from one dog to another and no refunds shall be made on any dog license fee for any reason whatsoever.

   (C)   The original certificate shall be retained by the owner or harborer of the licensed dog for inspection by the animal control officer or police department. (Ord. 2882, 11-6-2006)

Every dog shall be vaccinated by a licensed veterinarian with antirabies vaccine by the time that any dog reaches the age of six (6) months and boostered as according to the manufacturer's recommendation thereafter and according to veterinarian records. Upon vaccination the veterinarian shall issue to the owner a certificate or tag showing the date of vaccination and said rabies tag must be affixed to the collar of the dog and worn at all times. (Ord. 2882, 11-6-2006)

It shall be the duty of the animal control officer and police department to see that a licensed or unlicensed dog found running at large is taken up and impounded in the municipal animal shelter, and such dog may be so taken up without the necessity of filing a complaint, and shall be impounded and disposed of in accordance with the provisions of this chapter.

         (A)   Record Of Impounded Animals: The animal shelter shall keep a record of each animal impounded by it, the date of receipt of such animal, the date and manner of its disposal; and if redeemed, reclaimed or sold, the name of the person by whom redeemed, reclaimed or purchased, the address of such person and the amounts of all fees received or collected for or because of the impounding, reclaiming or purchasing thereof, together with the number of any tag and the date of any tag exhibited or issued upon the redemption or sale of any such animal.

         (B)   Redemption Of Impounded Dogs; Fees:

      1.   Any dog impounded as a licensed or unlicensed dog may be redeemed and taken from such pound by the owner or any authorized person who:

               (a)   Exhibits to the supervisor or person having charge of said animal shelter a certificate of registry as provided in section 6-4-2 of this chapter showing that the license in said section imposed has been paid for such dog or verified by animal shelter records.

               (b)   Pays the person in charge of said animal shelter an impounding fee which fee shall be set by the operator of the animal shelter and shall be used by the shelter to reimburse its costs of operation.

               (c)   Pays a board fee, which shall be set by the director of the animal shelter and shall be used by the shelter to reimburse its costs of operation.

               (d)   Presents a current certificate showing that said dog has been vaccinated with antirabies vaccine by a licensed veterinarian or verification can be ascertained by animal shelter staff from the licensed veterinarian office records. In the event a current rabies certificate is not available, the redemptioner shall deposit a fee to cover the cost of a rabies inoculation. The redemptioner shall next cause the animal to be vaccinated against rabies. The animal shelter will transmit from the deposit an appropriate sum to the veterinarian providing for the vaccination. The city council shall, by resolution, set a uniform rabies inoculation fee.

      2.   Licensed dogs shall be held in impoundment for a maximum period of seven (7) days from the date of initial impoundment during which time reasonable efforts shall be made to notify the owner, keeper or possessor of such impounded dog. All impounded dogs which are licensed shall be redeemed by the owner, keeper or possessor thereof within seventy two (72) hours of notification of impoundment. Any licensed dog not redeemed within said seventy two (72) hour period or held for seven (7) days if notification is not able to be made shall become the property of the animal shelter and the animal shelter may offer for sale any such dog, with all monies generated from said sale going to the animal shelter.

      3.   All impounded, unlicensed dogs not redeemed within forty eight (48) hours from the time of impoundment shall become the property of the animal shelter and the animal shelter may offer for sale any of said dogs and monies generated from said sale shall be payable to the animal shelter.

      4.   The adoption fee for any dog so impounded shall be set by the operator of the animal shelter and shall be used by the shelter to reimburse the costs of the adoption program.

      5.   All dogs that are not sold or redeemed may be destroyed in a humane manner. It shall be unlawful to destroy or allow to be destroyed any dog impounded until the expiration of the time limits herein specified. The animal shelter senior supervisory staff may destroy any dog prior to the expiration of said time limits when:

               (a)   Ordered by the court.

               (b)   The animal shelter senior supervisory staff impounds or receives any dog which is severely injured or infected by a contagious disease other than rabies, and, in the animal shelter senior supervisory staff's sound judgment, the recovery of said dog is doubtful.

      6.   All licenses, fees and charges are payable to the animal shelter. (Ord. 2882, 11-6-2006)

   (A)   Kennel Fees: Any person conducting, operating or maintaining a "kennel" as herein defined shall pay to the city of Twin Falls, for the privilege of conducting, operating or maintaining such kennel an annual license fee of one hundred dollars ($100.00). All license fees are renewable each year on March 1, and a license may be obtained for a fraction of a year, but the fee shall remain the same for any fraction of a year.

   (B)   Qualifications For Issuance Of Kennel License:

      1.   Permit: A kennel must have a current valid kennel license, obtained by application; approved through the code enforcement officer and subsequently inspected by a Twin Falls animal control officer. Such kenneling permits are required to be displayed and readily available for inspection by any authorized person.

      2.   Residentially Zoned Areas: No person shall harbor or possess more than four (4) dogs and four (4) cats within residential zones within the city of Twin Falls. Kennels shall be permitted only in commercial or industrial zones within the city of Twin Falls.

      3.   Records: A kennel record must be kept available for inspection. Such record to show: the name, current address, and telephone number of the owner of the dog/cat, the date entered the kennel, the reason for its being in the kennel, i.e., for boarding, sale, breeding, grooming, etc., the description of the dog/cat (age, breed, sex, color, etc.). On any dog/cat over four (4) months of age, a current valid rabies certificate shall be maintained as a part of this record, as long as the dog/cat is maintained in the kennel.

      4.   Purpose: The basic intent of these regulations is to see that all animals receive proper care, that they are being treated kindly, properly fed, and that their surroundings are being kept in a sanitary condition.

      5.   Animal Rooms; Dogs: Cage length and width shall exceed the animal's length from the base of the tail to the tip of the nose by at least six inches (6"). Cage height shall exceed the animal's height by at least four inches (4"). Small puppies may be caged together using their combined length according to the above formula. Cages shall be so constructed and be of nonporous material and such that is to be maintained in a sanitary condition. Animals shall be removed from and be provided with an exercise yard for their use for such periods as determined by the size, age, and condition of the animal. Diseased animals must be maintained apart from healthy animals in suitable and separate quarters.

               (a)   General: Walls and floors shall be of material easily cleaned and kept in a sanitary condition. The room shall be properly screened, insect and vermin proof. It shall be properly ventilated to prevent drafts and remove odors. Heating and cooling should be provided as required, with sufficient light (preferably natural) to allow observation of animals, and sanitation.

      6.   Animal Rooms; Cats: Similar to dogs except allowance for increased respiratory disease and increased climbing agility. (Cages need roofs and sneeze barriers.) Cat kennels should have a double door system to prevent escape. Runs should not be built facing each other as cats become anxious when in view of other cats. Cat cages should be of correct size, contain a cat bed, toys, water and food bowls, and litter trays.

      7.   Outdoor Facilities: Outdoor facilities shall be provided with windbreaks, roofing, and shelter adequate to protect the animals from the weather. They shall be adequately drained and maintained in a sanitary manner. Adequate and sanitary means of disposing of droppings shall be provided. Kennel runs shall have a minimum free and clear area of ten (10) square feet per dog. Indoor shelter, except where animals are caged, shall have a minimum of six (6) square feet per dog. When the minimum area is provided it should be supplemented with exercise yards for dogs which are maintained for extended periods. For purposes of this subsection, an "exercise yard" is defined as an area enclosed by a fence of at least six feet (6') in height wherein dogs are allowed to run and exercise. Unless otherwise authorized, fencing shall be constructed of commercial chainlink, carried on solid posts set in concrete. Suggested minimums for fencing include 11-gauge wire, two inch (2") steel posts set on no greater than ten foot (10') spans. Kennels shall not be left unattended for a period in excess of twenty four (24) hours. All animals shall be supplied with sufficient good and wholesome food and fresh water as the feeding habits of such animals require.

      8.   Sick Animals: Sick animals shall be separated from those appearing healthy and normal. Sick animals shall be removed from display or sale and kept in isolation quarters with adequate ventilation to keep from contaminating well animals.

      9.   Sale Of Animals; Open Store Hours: If the operation of the kennel includes the sale of animals, then there shall be an employee or owner on duty at all times during the hours any store is open whose responsibility in that shop or department shall be the care and welfare of the animals held for sale or display.

      10.   Sale Of Animals; Closed Store Hours: If the operation of the kennel includes the sale of animals, then an employee or owner shall come in to feed, water and do necessary cleaning of animals on days the store or shop is closed.

      11.   Selling Sick Or Injured Animals Prohibited: No person, persons, association, firm or corporation shall knowingly sell a sick or injured dog or cat.

      12.   Misrepresentation Prohibited: No person, persons, association, firm or corporation shall knowingly misrepresent a dog or cat to a customer in any way.

   (C)   Revocation Of License:

      1.   The animal control officer may recommend to the code enforcement officer the revocation of any kennel license upon evidence that any of the conditions set forth in this chapter as a prerequisite to the issuance of a license have been violated.

      2.   All areas of kennel runs, yards, food storage, and auxiliary buildings shall be subject to inspection of authorized persons. The code enforcement officer or designee, animal control officer or authorized city official, fire department and the police may at reasonable hours, inspect or cause to be inspected, any structure or premises and issue any such order as may be necessary to carry out the provisions of this section and to enforce state statutes pertaining to neglected or abused animals. An emergency name, address, and phone number must be posted in a conspicuous place at the front of the property for use by authorized persons.

      3.   The code enforcement officer may revoke any kennel license issued under this chapter for violation of any of the provisions of this code or ordinance of the city or laws of the state of Idaho. Prior to revocation by the code enforcement officer, the animal control officer or administrator shall notify the applicant in writing, setting forth specifically the grounds of the complaint and the time and place of the hearing. Such notice shall be personally served upon the licensee, or mailed postage prepaid to the licensee at his/her last known address at least three (3) days prior to the date set for the hearing.

   (D)   Appeal Of Code Enforcement Officer's Decision: If the applicant is aggrieved by the decision of the code enforcement officer, the applicant may appeal such decision to the city council within fifteen (15) days of notice of the decision of the code enforcement officer. The applicant must, in writing, appeal to the city council and set forth the reasons therefor why the applicant should not be denied a license. The city council shall set the time and place for a hearing a reasonable period of time subsequent to applicant's written notice of appeal. Notice of such hearing shall be personally served upon the applicant, or mailed postage prepaid to the applicant at his/her last known address, at least three (3) days prior to the date of the hearing. The order of the city council shall be final. (Ord. 3085, 1-5-2015)

   (A)   Reports Required: Anyone having knowledge of the whereabouts of an animal known to have or suspected of having rabies shall report the fact immediately to the animal control officer or police department. The animal control officer or police department shall likewise be notified of any person or animal bitten by a rabid or suspected rabid animal.

It shall be the duty of the physician, upon treatment of any person bitten by any animal to report immediately the name and address of such person to the animal control officer or police department.

   (B)   Quarantine Of Animal: It is hereby made the duty of the owner of a dog or other animal showing symptoms of rabies or which has bitten or otherwise attacked any person causing an abrasion of the skin, to surrender the dog or animal for confinement at the city animal shelter or a veterinarian hospital for a period not less than ten (10) days. Any dog or animal showing the symptoms of rabies or which has bitten or otherwise attacked any person causing an abrasion of the skin shall be placed in confinement as provided in this section. Any animal of a species subject to rabies shall in like circumstances be confined as herein provided. If a dog or other animal is determined to be free of rabies, the dog or animal shall be returned to the owner upon payment of the regular impoundment fee and board as provided in this chapter. If such fee is not paid, the dog or animal shall be subject to disposal as provided by this chapter. At the discretion of the animal control officer, the quarantine of a dog or animal may be upon the premises of the owner or the person in charge of the same if securely confined, kept from contact with other animals and submitted to a veterinarian for examination at the owner's expense to determine if rabid. If an animal dies or has been killed, its head shall be removed and immediately taken to the state health laboratory to be examined for rabies.

No person shall fail, refuse or neglect to allow the city animal control officer to make an inspection or examination at any time during this period. No dog or animal shall be removed from the place of quarantine without written permission of the animal control officer.

   (C)   Contact With Rabid Animal: Any animal of a species subject to rabies which has been bitten by a known rabid animal or has been in intimate contact with a rabid animal shall be isolated in a suitable place approved by the police department for a period of one hundred twenty (120) days or destroyed. (Ord. 2882, 11-6-2006)

   (A)   The city shall provide suitable premises and facilities to be used as the city animal shelter. It shall be maintained in some convenient location and shall be sanitary, heated, ventilated and lighted.

   (B)   It shall be unlawful for any person to give any false information or statement concerning the owner, keeper or harborer of any animal or concerning any animal brought into the city animal shelter or impounded therein. (Ord. 2882, 11-6-2006)

   (A)   It shall be the duty of the animal control officer and the police department:

      1.   To carry out and enforce all the provisions of this chapter, and any amendments hereto, any other ordinance later enacted relating to dogs and as permitted by law.

      2.   To enforce the licensing and the control of all dogs in the city as hereinbefore provided.

      3.   To file complaints in a court of competent jurisdiction against any person failing to license any dog as hereinbefore provided, or who otherwise fails to comply with any of the provisions of this chapter.

      4.   To capture and secure all dogs found running at large contrary to the provisions of this chapter and to remove such dogs in a humane manner to the animal shelter.

      5.   To be responsible for posting notices concerning impounded dogs as herein provided.

   (B)   It shall be the duty of the animal shelter director to hold all dogs delivered to him by the city animal control officer and to provide suitable bedding, food and water for such dogs for the period impounded, to destroy all dogs remaining in the city animal shelter unclaimed, not redeemed or adopted at the expiration of the time limits set forth in section 6-4-8 of this chapter in a humane manner approved by the Idaho department of veterinary medicine. (Ord. 2882, 11-6-2006)

In the enforcement of any provisions of this chapter, any police officer and the animal control officer or his assistants are authorized to enter the premises of any person to take possession of licensed or unlicensed, fierce, dangerous or vicious dogs when in fresh pursuit of such dog at the time the dog goes onto private property. (Ord. 2882, 11-6-2006)

It is unlawful:

   (A)   For any person to remove or cause to be removed the collar or metallic tag from any licensed dog without the consent of the owner, keeper or harborer thereof.

   (B)   For any person to harbor or keep within the city any lost or stray dog. Whenever any dog shall be found which appears to be lost or strayed, it shall be the duty of the finder to notify the city animal control officer or police department who shall impound said dog and dispose of the same as herein provided for. If there shall be attached to such a dog a license tag said animal control officer or police department shall notify the person to whom such license was issued at the address given in such license.

   (C)   For any owner, possessor, keeper or harborer of any female dog, when in season, to fail to keep said dog penned or enclosed in such a manner as to preclude other dogs from attacking such female dog or being attracted to such female dog so as to create a public nuisance.

   (D)   For the owner or person having possession, charge, custody or control of any female dog to cause, permit or allow the same to stray or run, or in any other manner to be at large while such female dog is in the copulating season. If any female dog cannot be controlled by the owner, possessor or keeper of such dog during the copulating season, the female dog may be declared a nuisance and impounded by the animal control officer or police department.

   (E)   For any person to let to a bitch dog, any dog, or let to any female any male animal, except within an enclosure so arranged as to obstruct such animal completely from the view of all persons who have no proprietary interest in the breeding of such animals. (Ord. 2882, 11-6-2006)

   (F)   For any person to operate or maintain a kennel without first obtaining a license from the city clerk as herein provided. (Ord. 2882, 11-6-2006; amd. Ord. 2931, 3-10-2008)

   (G)   For any dog to be found running at large. The person or persons who own, control, possess, provide care to or who are in charge of any such dog found running at large shall be guilty of a misdemeanor.

      1.   Procuring a license tag shall not authorize the running at large of said dog.

      2.   A violation of the provisions of this subsection (G) is hereby declared to be a nuisance and a menace to the public health and safety, and in addition to the criminal punishment provided for, said dog or dogs shall be taken up and impounded as provided herein.

   (H)   For any person to own, keep or harbor any dog which by loud, continued or frequent barking, howling or yelping shall annoy or disturb any neighborhood or person. This subsection shall not apply to the animal shelter or veterinary hospitals.

   (I)   For any person to own, have custody of or control of any dog or any other animal which is vicious or dangerous. A person violating the provisions of this Section shall be guilty of a misdemeanor punishable by up to one hundred twenty (120) days in jail and/or a one thousand dollar ($1,000.00) fine. In addition to this penalty, a civil penalty of one hundred dollars ($100.00) may be assessed.

   (J)   For any person keeping or harboring a dog for which a license is required by this chapter to fail or to refuse to exhibit the registration certificate or license tag upon demand by the animal control officer or a police officer.

   (K)   For any person to maltreat or torture any dog or to wilfully and maliciously administer or cause to be administered poison of any sort whatsoever to any animal, the property of another, with the intent to injure or destroy such dog, or to wilfully or maliciously place any poison or poisoned food where the same is accessible to any such animal.

   (L)   For any person to hinder, delay, interfere with or obstruct an animal control officer or any police officer while engaging and capturing, securing or taking to the animal shelter any dog liable to be impounded, and for any person to break open or in any manner directly or indirectly aid, counsel or advise the breaking open of any animal shelter or ambulance, animal control vehicle or any vehicle used for the collecting or conveying of dogs to the animal shelter, or for any person lawfully discharging the duties herein specified. (Ord. 2882, 11-6-2006)

   (M)   For any person to leave or confine in any unattended motor vehicle under conditions that may endanger the health or well-being of an animal due to heat, cold, lack of adequate ventilation, or lack of food or water, or under such other circumstances as could reasonably be expected to cause suffering, disability, or death to the animal.

City police officers, animal control officers and Code compliance officers may use reasonable force under the above circumstances to enter a vehicle and remove the animal after first making a reasonable attempt to contact the animal's owner. The officer removing the animal shall use reasonable means to contact the owner of the animal to arrange for its return home. Absent contact with the owner, the animal will be taken to a veterinary clinic if emergency care is needed and after a reasonable amount of time to an animal shelter. (Ord. 2017-14, 5-22-2017; amd. Ord. 2022-014, 8-1-2022)

Except as otherwise herein provided, any person violating the provisions of this chapter, upon conviction, shall pay an infraction penalty of one hundred dollars ($100.00). The court may also order, upon conviction or plea of guilty of the defendant for the crime of dog at large or vicious dog, the surrender of the dog to the animal control officer or police officer immediately for disposal, or the court may order that the violator post a bond or certificate of insurance in the amount of ten thousand dollars ($10,000.00). (Ord. 2882, 11-6-2006; amd. Ord. 2022-014, 8-1-2022)

In any case where a person has been charged or cited with the offense of owning or having custody of a vicious or dangerous dog or other animal pursuant to the provisions of this chapter, the City Attorney may file a motion requesting destruction of the animal prior to a final adjudication of the criminal charges. The animal shall remain confined at the animal shelter pending a final decision on the motion. The court may order the destruction of the animal upon making a finding that the animal is "vicious", as defined in this chapter, and that it poses a danger to the public if allowed to be released from confinement. (Ord. 2882, 11-6-2006)

The words contained in this chapter are defined as follows:

HOUSEHOLD GOODS AND EQUIPMENT: All articles usually referred to as household goods and articles used in housekeeping including, but not limited to, chairs, tables, davenports, beds, refrigerators, stoves, washers, driers, furnaces, appliances, grease, oil, paint and their containers.

MACHINERY: All articles of industrial, farm or domestic machinery or equipment, any and all metal or wooden machinery, motors, equipment, tools or property.

MISCELLANEOUS PROPERTY: All other property including, but not limited to, old rope, iron, brass, copper, tin, lead, rubber, rags, baggage, bottles, scrap, toys, bicycles or boats.

MOTOR VEHICLES: Any vehicle propelled or drawn by power other than muscular power designed to travel on the ground by wheels, treads, runners or slides and to transport persons or property or pull machinery including, but not limited to, automobiles, trucks, trailers, motorcycles, tractors, buggies or wagons.

PERSON: Any individual, corporation or partnership. (1958 Code ch. VII art. 9)

   (A)   No person shall place, allow, discard, maintain, park or store any dismantled, abandoned, nonoperating, junked, damaged or destroyed household goods or equipment, "motor vehicles", "machinery" or "miscellaneous property" as herein defined upon any public street, alley, sidewalk or other public property within the city. (1958 Code ch. VII art. 9)

   (B)   No person, whether he be owner, tenant, occupant, lessee or otherwise of any private property or premises shall place, allow, discard, maintain, park, store or permit to be placed, allowed, discarded, maintained, parked or stored upon said property or premises for a period of time exceeding forty eight (48) hours any dismantled, abandoned, nonoperating, junked, damaged or destroyed "household goods and equipment", "motor vehicles", "machinery" or "miscellaneous property" as herein defined; provided, however, that the provisions of this subsection shall not apply to any property or premises where said household goods and equipment, motor vehicles, machinery or miscellaneous property is housed within an enclosed building thereon or to any property or premises lawfully operated as a business where the same is a part of said business enterprise and necessary to the operation of said business on said property or premises if kept within an area completely enclosed by a screening fence so that the property enclosed is not visible to the public or to neighboring property owners. (Ord. 2465, 11-7-1994)

   (C)   The city, through its employees, may issue warning notices for any violation of this section. If the violation is not corrected by the reinspection date set on the warning notice, a civil penalty of one hundred dollars ($100.00) may be assessed for the first violation, two hundred dollars ($200.00) for the second violation, and three hundred dollars ($300.00) for the third and subsequent violations during the same calendar year. (Ord. 3047, 2-25-2013)

   (D)   In addition to the civil penalties enumerated in Paragraph (C), violation of this Section is a misdemeanor punishable by up to sixty (60) days in jail and/or a three hundred dollar ($300.00) fine. Economic costs incurred by the city or another party expended to bring the property into compliance with this section may be charge as restitution in the criminal case. (Ord. 2022-014, 8-1-2022)

Any property or goods upon public or private property within the city in violation hereof may be impounded and removed by the police department and sold at public or private auction by said police department as is provided in this code for the disposal of abandoned property. The cost of removal of said equipment shall be included in any fine imposed for violation of the provisions of this chapter. (1958 Code ch. VII art. 9)

Costs and expenses of taking and keeping, including the towing and storage of any motor vehicle which is impounded or taken into custody and control by the police department under the authority of any law of the state or ordinance of the city, shall be assessed by the police department against such motor vehicle and shall constitute a lien in favor of the city and against such vehicle; provided, however, that the amount for storage shall be four dollars ($4.00) for the first day and one dollar ($1.00) for each day thereafter.

Any person claiming possession of any such motor vehicle shall pay to the city all costs including storage assessed against such vehicle prior to the time of receiving possession of the same. (1958 Code ch. VI art. 22)

EMANCIPATED: Any person either eighteen (18) years of age or older, or if under the age of eighteen (18), any person who is married or has been married; or any person who is in active military service; or any person who is both self- supporting and neither resides with nor is subject to parental control.

EMERGENCY: Includes any unforeseen health, accident or crime related exigency calling for immediate action.

INCORRIGIBLE: Any juvenile who is uncontrollable.

JUVENILE: Any person less than the age of eighteen (18) and who has not been duly emancipated.

PARENT: Any person having legal custody of a juvenile: a) as a natural or adoptive parent; b) as a legal guardian; c) as a person who stands in loco parentis; or d) as a person to whom legal custody has been given by order of court.

REMAIN: To stay behind, to tarry and to stay unnecessarily upon the streets, including the congregating of groups (or of interacting juveniles) totaling four (4) or more persons in which any juvenile involved would not be using the streets for ordinary or serious purposes such as mere passage or going home.

RUNAWAY: A juvenile under the age of eighteen (18) who has physically removed himself from the supervision and control of his parents with the intent to remain beyond the control of his parents.

STREET: A way or place, of whatsoever nature, open to the use of the public as a matter of right for purposes of vehicular travel. The term "street" includes the legal right of way, including, but not limited to, the cartway or traffic lanes, sidewalks whether paved or unpaved, and any grass plots or other grounds found within the legal right of way of a street. The term "street" applies irrespective of what it be called or formally named, whether alley, avenue, court, road or otherwise. The term "street" shall also include shopping centers, parking lots, parks, playgrounds, public buildings and similar areas that are open to the public.

TIME OF NIGHT: Referred to herein is based upon the prevailing standard of time, whether Mountain Standard Time or Mountain Daylight Savings Time, generally observed at that hour by the public in the City, prima facie the time then observed in the Emergency Dispatch Center.

TRUANCY: As defined in the school regulations.

YEARS OF AGE: Continues from one birthday, such as the sixteenth to (but not including the day of) the next, such as the seventeenth birthday. (Ord. 2573, 2-23-1998)

   (A)   Goals: The City of Twin Falls area recognizes the importance of school attendance. Children must be taught in order to live in an ordered society.

   (B)   Prohibited Acts: Any person between the ages of seven (7) years and sixteen (16) years of age, living in the City who is deemed truant from school or class, under the attendance regulations of the school, without the consent of the student's parent/guardian or school officials is guilty of a status offense.

   (C)   Responsibility For Instruction: The parent or guardian of any child resident in this State who has attained the age of seven (7) years at the time of the commencement of school in his/her district, but not the age of sixteen (16) years, shall cause the child to be instructed in subjects commonly and usually taught in the public schools for the State. Unless the child is otherwise comparably instructed, the parent or guardian shall cause the child to attend a public, private, or parochial school during a period in each year equal to that in which the public schools are in session; they are to conform to the attendance policies and regulations established by the Board of Trustees, or other governing body, operating the school attended, or the attendance requirements of the parents in home schools.

   (D)   Exceptions: Any exceptions to the requirement as codified by any school district contained in Idaho Code, title 33, chapter 2 are hereby recognized and given full force and effect. (Ord. 2573, 2-23-1998)

   (A)   Goals: The City Council of the City recognizes the importance of the family as crucial to a child's development.

   (B)   Specifics: It shall be unlawful for any person under the age of eighteen (18), living or found in the jurisdiction, to attempt to run away or to run away from his parents, guardian or other legal custodian, or to be or remain a person who has run away from his parents, guardian or other legal custodian, or who commits or has committed any act or acts which render him incorrigible or places him beyond the control of his parents, guardian or other legal custodian. (Ord. 2573, 2-23-1998)

   (A)   Age And Hour Restrictions:

      1.   It shall be unlawful for any person under the age of eighteen (18) years to be or remain in or upon the streets within the City, at night, during the period ending at five o'clock (5:00) A.M. and beginning at eleven fifty nine o'clock (11:59) P.M. on Friday and Saturday nights, and at eleven o'clock (11:00) P.M. on all other nights.

      2.   It shall be unlawful for any person under the age of sixteen (16) years to be or remain in or upon the streets within the City, at night, during the period ending at five o'clock (5:00) A.M. and beginning at ten fifty nine o'clock (10:59) P.M. on Friday and Saturday nights, and at ten o'clock (10:00) P.M. on all other nights.

   (B)   Exceptions: In the following exceptional cases, a juvenile on a City street during the nocturnal hours shall not, however, be considered in violation of these curfew provisions:

      1.   When accompanied by a parent or guardian of said juvenile.

      2.   When accompanied by an adult authorized by a parent of said juvenile.

      3.   When exercising First Amendment rights protected by the United States Constitution, such as the free exercise of religion, freedom of speech, and the right of assembly. The juvenile shall evidence the bona fides of such exercise by first delivering to the person designated by the Chief of Police to receive such information, at the Police Station, a written communication, signed by the juvenile and countersigned, if practicable, by a parent of the juvenile with their home address and telephone number, specifying when, where and in what manner the juvenile will be on the streets at night (during hours when this Section is otherwise applicable to said juvenile) in the exercise of a First Amendment right specified in such communication.

      4.   When the juvenile is on the sidewalk of a place where said juvenile resides, or on the sidewalk of either next door neighbor not communicating an objection to law enforcement.

      5.   When returning home, by direct route from (and within 1 hour or reasonable travel time after the termination of) any legitimate activity consented to by the parent, school, or community sponsored activity or any activity of a religious or other voluntary association such as night classes, library study, dances, proms, church, socials, religious midnight masses or other late night religious services, political activities including City Council meetings, athletic events, concerts and cultural or contemporary music events.

      6.   When the juvenile carries a certified letter of employment, renewable each calendar month when the current facts so warrant, dated or reissued not more than forty five (45) days previously, and briefly identifying the juvenile, the addresses of his home and of his place of employment, and his hours of employment.

      7.   When the juvenile is, with parental consent, in a motor vehicle. This contemplates normal travel. It is the intention of this provision to clearly exempt bona fide interstate movements along major routes through Twin Falls County and interstate travel beginning or ending in the City.

      8.   In the event of an emergency.

      9.   Each of the foregoing exceptions, and their several limitations such as provisions for notification, are severable, as hereinafter provided, and are hereby reemphasized. These exceptions will be considered by the Council as warranted by future experience illuminated by the views of student government associations, school personnel, citizens, associations, parents, officers, and persons in authority concerned positively with juveniles as well as with juvenile delinquency. (Ord. 2573, 2-23-1998)

   (A)   Parental Control: It shall be unlawful for a parent having legal custody of a juvenile knowingly to permit or by inefficient control to allow the juvenile to violate any of the provisions of this Chapter under circumstances not constituting an exception to, or otherwise, beyond the scope of this Chapter. The term "knowingly" includes knowledge which a parent should reasonably be expected to have concerning the activities, conduct or whereabouts of a juvenile in that parent's legal custody. It is intended to continue to keep neglectful or careless parents up to a reasonable community standard of parental responsibility through an objective test. It shall, therefore, be no defense that a parent was indifferent to the activities. (Ord. 2573, 2-23-1998)

   (A)   Contacting Parents: If a police officer reasonably believes that a juvenile is in violation of any of the provisions of this Chapter, the officer shall notify the juvenile that he/she is in violation of this Chapter, and shall require the juvenile to provide his/her name, address and telephone number and how to contact his or her parent or guardian.

   (B)   Determining Age Of Juvenile: In determining the age of the juvenile, and in the absence of convincing evidence such as a birth certificate, a police officer on the street shall, in the first instance, use his/her best judgment in determining age.

   (C)   Questioning Of Juvenile/Parents: The normal procedure shall then be to immediately notify the parent or guardian. The juvenile and/or parents or guardian shall then be questioned. This is intended to permit ascertainment, under constitutional safeguards of relevant facts, and to centralize responsibility in the person designated there and then on duty for accurate, effective, fair, impartial and uniform enforcement, and recording, thus making available experienced personnel and access to information and records. If the parent or guardian cannot be contacted, the juvenile shall be taken to the Safe House or the Shelter Care Facility.

   (D)   Release Into Custody Of Parent Or Guardian: When a parent or guardian immediately called, has come to take charge of the juvenile, then and the appropriate information has been recorded, the juvenile shall be released to the custody of such parent. If the parent cannot be located or fails to take charge of the juvenile, then the juvenile shall temporarily be entrusted to an adult relative, neighbor or other person who will on behalf of a parent or guardian assume the responsibility of caring for the juvenile pending the availability or arrival of a parent or guardian.

   (E)   Written Acknowledgement Of Status Offense: Upon release of the juvenile to his/her parent, the juvenile and parent shall sign a written acknowledgement of the City's curfew, runaway, incorrigible, and truancy regulations which notice shall be presumptive evidence of knowledge of this Chapter.

   (F)   Status Offenders: Status offenders shall not be placed in any jail facility, but instead may be placed in juvenile shelter care facilities, except in the case of runaways, when there is specific detention request from a foreign jurisdiction or hold the child pending transportation agreements. (Ord. 2573, 2-23-1998)

   (A)   Status Offense: Any juvenile who violates any provision of this Chapter shall be guilty of a status offense punishable by the provision according to State Code of the Juvenile Corrections Acts of 1994.

   (B)   Violations By Parents Or Guardian: Any parent or guardian who shall violate any of the provisions of this Chapter shall be guilty of a misdemeanor, may be punished by jail time of up to six (6) months, and a fine of five hundred dollars ($500.00). Said parent or guardian may also be required to attend class instructions on parenting provided through the County Juvenile Probation Office. The purpose of the instruction is to provide the parents with more ideas and support in raising their children.

   (C)   Misdemeanor: Upon a first offense of any of the provisions of this Chapter by the juvenile or parent, the prosecuting attorney may request a preliminary inquiry from the Department of Juvenile Probation for screening and assessment according to the Department of Juvenile Probation's designated and authorized procedures.

   (D)   Repeat Offender: Any child who has been adjudicated for commission of two (2) status offenses within twelve (12) months may be charged, petitioned and adjudicated as a habitual status offender for the third status offense committed within that twelve (12) month period. (Ord. 2573, 2-23-1998)

   (A)   Right to Sell: Any personal property which is unclaimed and which remains in the custody of the City for more than thirty (30) days may be sold by the City at public auction as provided herein.

   (B)   Notice of Sale: Before holding such public sale, the City shall publish notice of such sale in a daily paper for five (5) days and post a notice of such sale in three (3) public places in the City for a like period. Said notice shall contain a list of the property to be sold and briefly describe each article or piece of personal property to be sold and give the time and place of hold such sale, which time must be at least seven(7) days after the date of the last daily publication of the said notice in the newspaper.

   (C)   Sale: The City may ask for written bids, or sell the property at auction to the highest bidder, and shall have the right to reject any and all bids and sell all the property at any one sale to one individual; and it may do that which it deems to be most advantageous and of the greatest financial benefit to the City in selling the said personal property. (1958 Code, Ch. VI, Art. 18)

Immediately after such sale, all proceeds of the sale shall be delivered to the City Treasurer and shall be credited by such City Treasurer to the General Fund of the City. (1958 Code, Ch. VI, Art. 18)

   (A)   Unlawful Posting: It shall be unlawful for any person to paste, post, paint, print or nail any handbill, sign, poster, advertisement or notice of any kind upon any tree, lamppost, telegraph pole, electric light pole, telephone pole, hydrant or upon any private wall, door, gate or fence, without the consent of the owner, agent or occupant of the same.

   (B)   Illegal Distribution: The throwing or placing of any form of advertising matter, such as dodgers, handbills, circulars, samples or like matter, on any lawn, sidewalk, parking, street, alley or in or on any vehicle is strictly prohibited. All such advertising matter must be placed inside the screen or immediately under the door, or in the jamb of the door, or any receptacle designed for the receiving of such advertising.

It shall be unlawful for any person to carry, bear, or support, or cause to be carried, borne or supported on any public street, sidewalk, park or avenue any banner, device, sign or emblem, solely for the purpose of advertising. (1958 Code, ch. X. art. 5)

(Rep. by Ord. 2132, 12-17-84)

(Rep. by Ord. 2132, 12-17-84)

(Rep. by Ord. 2132, 12-17-84)

It shall be unlawful for any person to employ any bellman or bellmen, or use or cause to be used any bell, horn, bugle or other sounding instrument, or use or employ any loud noise, or any device offensive to the senses, or any performance of any kind, as a means of attracting people, or for any other purpose whatsoever, without obtaining written permission from the City Council. (Ord. 2132, 12-17-84)

It shall be unlawful for any person in the city to import, export, offer for sale, give away, sell, possess, keep, store or permit the keeping or storing of any fireworks or to fire, discharge or display any fireworks except as hereinafter provided. (Ord. 2132, 12-17-1984)

DANGEROUS FIREWORKS: Includes any of the following:

   (A)   Skyrockets and bottle rockets, including all similar devices employing any combustible or explosive material which rise in the air during discharge;

   (B)   Roman candles and similar devices, including cakes, repeaters and multiple tube devices loaded in such a way as to propel pyrotechnic effects into the air;

   (C)   Aerial display shells containing pyrotechnic effects or salutes producing displays or reports in the sky generally fired or propelled from a cylindrical or spherical shell casing;

   (D)   Snakes or other effects which are ignited or burn containing bichloride of mercury;

   (E)   Sparklers more than ten inches (10") in length or one-fourth inch (1/4") in diameter;

   (F)   Sky lanterns, fire balloons or balloons of any type which have burning material of any kind attached thereto or which require fire underneath to propel them.

FIREWORKS: Any combustible or explosive composition, or any substance or combination of substances, or article prepared for the purpose of producing a visible or audible effect by combustion, explosion, deflagration or detonation. Fireworks include items classified as common or special fireworks by the United States bureau of explosives or contained in the regulations of the United States department of transportation and designated as UN 0335 1.3G or UN 0336 1.4G.

The term "fireworks" shall not include any automotive safety flares, toy guns, toy cannons, caps or other items designed for use with toy guns or toy cannons, party poppers, or other devices which contain twenty five hundredths (0.25) of a grain or less of explosive substance.

Fireworks shall not include model rockets and model rocket engines and their components which are designed, sold and used for the purpose of propelling recoverable aero models.

Fireworks shall not include flares, noisemakers or signals designed and used for the purpose of protecting the public.

SAFE AND SANE FIREWORKS: Includes any of the following "nonaerial" common fireworks:

   (A)   Any fireworks such as ground spinners, fountains, sparklers, smoke devices or snakes designed to remain on or near the ground and not to travel outside a fifteen foot (15') diameter circle or emit sparks or other burning material which land outside a twenty foot (20') diameter circle or above a height of twenty feet (20'). Nonaerial common fireworks do not include firecrackers, jumping jacks, or similar products;

   (B)   Cylindrical fountains with inside tube diameter not exceeding three-fourths inch (3/4");

   (C)   Sparklers and "dipped sticks" not more than ten inches (10") in length or one-fourth inch (1/4") in diameter with pyrotechnic composition not exceeding four grams (4 g) each. Sparklers or "dipped sticks" described in this section shall be burned individually and shall not be conjoined, banded, attached or affixed to additional sparklers or "dipped sticks" while ignited;

   (D)   Snakes which do not contain bichloride of mercury;

   (E)   Whistles, without report and which do not dart or travel about the ground during discharge containing no picric or gallic acid. (Ord. 3042, 12-17-2012)

   (A)   Dangerous Fireworks Permit: It shall be unlawful for any person in the city to import, export, offer for sale, sell, possess, keep or store or permit the keeping or storing of any dangerous fireworks for any use or purpose, except that a person holding a dangerous fireworks permit issued pursuant to the terms and conditions of this chapter may use dangerous fireworks for a safely supervised and conducted public display of fireworks. Said fireworks may be stored for a period not exceeding ten (10) days immediately preceding the date of said public display, provided the fireworks are to be used exclusively for the public display.

   (B)   Safe And Sane Fireworks Permit: No person, without having a valid safe and sane fireworks permit issued pursuant to the terms and conditions set forth in this chapter, shall import, export, sell, or offer for sale any fireworks. A short term storage facility as defined by Idaho Code 39-2608(2) may be used for the storage of safe and sane fireworks for a period of sixty (60) days prior to, and fifteen (15) days after, any authorized dates of sale provided within this chapter. (Ord. 3042, 12-17-2012)

   (A)   Safe And Sane Fireworks Application: Any reputable person in reasonable pursuit or furtherance of any legitimate personal, business or charitable purpose, desiring to engage in the sale of safe and sane fireworks within the city shall first make written application to the Twin Falls fire department for a safe and sane fireworks permit. Each applicant shall pay to the Twin Falls fire department a fee of twenty five dollars ($25.00) at the time the application is filed. The applicant shall pay to the Twin Falls fire department a fee of twenty five dollars ($25.00) for inspection of temporary fireworks stands.

   (B)   Dangerous Fireworks Application: Any reputable person in reasonable pursuit or furtherance of any legitimate personal, business or charitable purpose desiring to make a public display of dangerous fireworks shall first make written application to the Twin Falls fire department for a dangerous fireworks permit. Each applicant shall pay to the Twin Falls fire department a fee of one hundred twenty five dollars ($125.00) at the time the application is filed. No permit fee shall be refunded. The applicant shall also reimburse the city for all reasonable expenses incurred in investigating to determine whether the permit should be granted. (Ord. 3042, 12-17-2012)

Each applicant for a safe and sane fireworks permit or a dangerous fireworks permit shall file his application with the Twin Falls fire department. Each application shall show the following:

   (A)   Name and address of applicant.

   (B)   The purpose for which the applicant is primarily existing and for which it was organized.

   (C)   The names and addresses of the officers, trustees and/or directors, if any, of the applicant.

   (D)   The location where the applicant requests permission to sell safe and sane fireworks or display dangerous fireworks.

   (E)   When and where the applicant was organized and established, or, if a natural person, the applicant's age.

   (F)   The location of the applicant's principal and permanent meeting place or places.

   (G)   If applicant is storing safe and sane or dangerous fireworks, applicant must apply to the planning and zoning administrator, and the planning and zoning administrator must forward written approval and the special use permit (if required) to the fire department, and building department, indicating that the permit request is in compliance with all zoning requirements for an H-1 occupancy pursuant to title 10 of this code. The written approval and special use permit (if required) must be submitted to the fire department, and building department prior to approval of the fireworks permit.

   (H)   Two (2) complete plot plans, indicating where the building is located in relationship to property lines and any other buildings, and two (2) complete floor plans of the building, indicating all proposed uses, must be submitted to the Twin Falls fire department. The drawings shall be to scale.

   (I)   The maximum amount of safe and sane fireworks to be stored shall be indicated on the application. Such amount shall be specified in pounds.

   (J)   The applicant's state sales tax permit number.

   (K)   If the applicant is an entity other than sole proprietorship, the name and general description of the business activities of each parent or subsidiary company, business or entity, and a general description of the ownership organization of each parent or subsidiary, if any.

   (L)   Such other information as the Twin Falls fire department may require on a standard form submitted to all applicants and which is reasonably necessary to protect the public health, safety and welfare. (Ord. 3042, 12-17-2012)

   (A)   Investigation And Recommendation For Permits: The Twin Falls fire department may cause an investigation to be made of each application and applicant.

   (B)   Grant Or Denial Of Permits: The Twin Falls fire department shall have the power in its discretion to grant or deny any application, subject to such reasonable conditions, if any, as it shall prescribe so long as the denial of the application or any conditions imposed on the granting of the application are reasonably necessary for protection of the public health, safety and welfare.

   (C)   Terms Of Permits: A safe and sane fireworks permit or a dangerous fireworks permit, issued pursuant to this chapter, shall be valid only within the calendar year in which issued. A permit shall be valid only for the specific premises or location designated in the permit. However, subject to reasonable conditions necessary for protection of the public health, safety and welfare, an applicant may be granted permits for more than one premises or location within the city. No permit shall be transferable or assignable.

   (D)   Time Of Application For Safe And Sane Fireworks Permit: Each application for a permit to sell safe and sane fireworks at retail shall be filed with the Twin Falls fire department, a minimum of thirty (30) days prior to a date on which the retail sale of safe and sane fireworks is authorized under this chapter.

   (E)   Appeal Of The Twin Falls Fire Department Decision: If the applicant is aggrieved by the decision of the Twin Falls fire department, the applicant may appeal such decision to the Twin Falls fire department administration, within seven (7) days of notice of the decision of the Twin Falls fire department. The applicant must, in writing, appeal to the Twin Falls fire department administration, and set forth the reasons therefor why the applicant should not be denied a license. The Twin Falls fire department administration shall set the time and place for a hearing a reasonable period of time subsequent to applicant's written notice of appeal. Notice of such hearing shall be personally served upon the applicant, or mailed postage prepaid to the applicant at his/her last known address, at least three (3) days prior to the date of the hearing. The order of the Twin Falls fire department administration shall be final.

   (F)   Miscellaneous Permit Conditions For The Storage Of Safe And Sane And Dangerous Fireworks:

      1.   Minimum occupancy separation shall be required pursuant to the international building code.

      2.   Exits shall comply with the international building code.

      3.   Portable fire extinguishers shall be installed in the building as required by the international fire code.

      4.   Automatic fire extinguisher systems shall be in accordance with the international building code.

      5.   License or permit holders shall maintain records of all transactions involving safe and sane fireworks regarding the sale and acquisition of such fireworks.

      6.   Conspicuous signs shall be placed and posted at intervals not less than fifty feet (50') inside and outside of the building with the language:

   Warning - No Smoking

      7.   All provisions as currently adopted by the city pursuant to the international building code and international fire code shall be required. (Ord. 3042, 12-17-2012)

Each applicant for a safe and sane fireworks permit or for a dangerous fireworks permit shall have filed with the clerk, prior to the issuance and validity of any permit, a policy, or certified copy thereof, of public liability insurance, including both accident and occurrence coverage. The insurance coverage limits for public liability coverage shall be at least five hundred thousand dollars ($500,000.00) per person per occurrence bodily injury, five hundred thousand dollars ($500,000.00) per occurrence aggregate bodily injury and five hundred thousand dollars ($500,000.00) per occurrence aggregate property insurance. Each policy of insurance shall be in form and substance acceptable to the city and shall name as insured parties under the terms of the policy of the city, all officials, elected and appointed, of the city in performance of official functions regarding all operations under or pertaining to said permit, any licensee or licensor of the applicant, and all vendors of the fireworks covered by the permit to be issued to the applicant. Said policy of insurance shall be so written that it cannot be canceled without at least thirty (30) days' prior written notice to the city from the underwriting insurance company. Cancellation of a policy is a basis for revocation of the permit. A copy of said policy shall be filed with the city clerk prior to the issuance of the permit. (Ord. 2223, 12-7-1987)

Safe and sane, "nonaerial common fireworks" may be sold at retail beginning at twelve o'clock (12:00) midnight June 23, and ending at twelve o'clock (12:00) midnight July 5 and beginning at twelve o'clock (12:00) midnight December 26 and ending at twelve o'clock (12:00) midnight January 1. The authority having jurisdiction may at its discretion extend each period of sales by not more than five (5) days. Safe and sane, "nonaerial common fireworks" shall only be used or discharged within the city of Twin Falls between the hours of eight o'clock (8:00) A.M. and twelve o'clock (12:00) midnight June 23 through July 5 and December 26 through January 1.

Exception: In addition to the hours of use specified in this chapter, safe and sane, "nonaerial common fireworks" may be used or discharged within the city of Twin Falls between the hours of twelve o'clock (12:00) midnight and one o'clock (1:00) A.M. on January 1. (Ord. 3042, 12-17-2012)

Temporary fireworks stands from which safe and sane fireworks are to be sold shall be subject to the following provisions:

   (A)   All retail sales of safe and sane fireworks shall be permitted only from within a temporary fireworks stand, and the sale from any other building or structure is hereby prohibited.

   (B)   The stand in which the fireworks will be stored or sold shall not be located within twenty five feet (25') of any other building or within one hundred feet (100') of any gasoline station or flammable liquid dispensing device or installation.

   (C)   All such stands shall meet the requirements of the building code 1 of the city and all lighting circuits and other electrical equipment shall meet the requirements of the electrical code of the city 2 .

   (D)   The stand shall have exit doors at least thirty inches (30") wide at both ends of the structures and one additional door for each twenty five feet (25') of rear wall in excess of twenty five feet (25'). All doors shall open outward from the stand and all doorways shall be kept free and clear from all supplies and materials at all times.

   (E)   Each stand shall be provided with a minimum of two (2) fire extinguishers with a 2A minimum rating, in good working order and easily accessible for use in case of fire, which shall be kept in immediate proximity to the location where the fireworks are retailed.

   (F)   There shall be at least one supervisor, twenty one (21) years of age or older, on duty at all times. All fireworks shall be effectively kept away from any kind of self-service by the public, and shall be placed in a location which is unavailable and inaccessible to members of the public in capacities other than as legal customers.

   (G)   No person employed as a watchman shall be permitted to remain inside of any stand when it is not open for business.

   (H)   "No Smoking" signs shall be prominently displayed both inside and outside the stand. No smoking shall be permitted within the stand or within twenty five feet (25') of the stand.

   (I)   No temporary stand shall be erected before June 10 of any year. The premises on which the stand is erected shall be cleared of all structures and debris not later than twelve o'clock (12:00) noon on July 27.

   (J)   No fireworks shall be discharged in or within twenty five feet (25') of any fireworks stand.

   (K)   No person shall allow any rubbish to accumulate in or around any fireworks stand or permit a fire nuisance to exist.

   (L)   Fireworks shall not be left in the stand when it is not open for business unless the stand is locked or secured. If fireworks are not stored in the stand they shall be stored in compliance with section 39-2608, Idaho Code.

   (M)   No stand shall have a floor area in excess of seven hundred fifty (750) square feet. (Ord. 3042, 12-17-2012)

Each permittee shall be required to retain at the licensed premises while said premises are open, and at his principal place of business for a year thereafter copies of all invoices, receipts and orders evidencing the source from which he acquired the fireworks which he handled. (Ord. 2132, 12-17-1984)

A short term storage facility may be used for the storage of safe and sane, "nonaerial common fireworks" for a period of sixty (60) days prior to, and fifteen (15) days after, any authorized retail sales date. The Twin Falls fire department shall be notified of the address or location of all short term storage facilities when fireworks will not be stored in a temporary fireworks stand. If the short term storage facility is not within the boundaries of the jurisdiction having issued the retail sales permit the permittee shall notify the authority having jurisdiction where the storage is to take place.

Short term storage is allowed in any of the following, provided it is locked or otherwise secured: a temporary fireworks stand, truck, trailer, or other vehicle. A truck, trailer or other vehicle used for short term storage must remain at least twenty five feet (25') from the stand during any time the stand is open for business, but may abut the stand when it is closed. A truck, trailer or vehicle used for short term storage must be at least twenty five feet (25') from any other inhabited building. Short term storage may occur in a locked or secured shed, garage, barn or other building or storage container which is detached from an inhabited building and contains no open flames, including heating and lighting sources. (Ord. 3042, 12-17-2012)

It shall be the duty of every person issued a fireworks permit to comply with all the provisions of the Idaho state fireworks act of 1997 1 and this chapter. The conviction of violation of the aforesaid Idaho state fireworks act or any of the provisions of this chapter by the permittee, or by any of its agents, employees or officers shall constitute a cause, in and of itself, to deny any subsequent application for a permit. (Ord. 3042, 12-17-2012)

Any permit issued hereunder shall be subject to revocation by the city council for violation by the holder, his agents or employees, of any of the provisions contained herein or of any law of the state of Idaho or United States pertaining to fireworks, provided that at least one day notice of hearing upon said revocation shall be given to said holder by personal service or by leaving a copy of notice at the place of business of the holder. (Ord. 3042, 12-17-2012)

The chief of police, or his agents, or employees, may confiscate any fireworks that are imported, exported, sold, offered for sale, given away, possessed, stored, displayed, or discharged in a manner violating any provision of this chapter. (Ord. 3042, 12-17-2012)

The possession or discharge of dangerous fireworks without a dangerous fireworks permit shall be an infraction punishable by a fine of one hundred dollars ($100.00).

The use or discharge of safe and sane fireworks outside the designated dates of sale and hours of use specified within this chapter shall be an infraction punishable by a fine of one hundred dollars ($100.00).

All other violations of this chapter shall be a misdemeanor punishable by a fine of up to three hundred dollars ($300.00) and imprisonment for a period of time not to exceed six (6) months, or both. (Ord. 3042, 12-17-2012)

The purpose of this Chapter is to reduce the number of false alarms thereby enhancing response time on other critical calls for service. (Ord. 2463, 11-7-94, eff. 1-1-95)

For the purposes of this Chapter, the following terms, phrases and words, and derivations thereof, shall have the meaning given herein. When consistent 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 mandatory and not merely directory.

ALARM AGENT: Any person employed by an alarm business whose duties include the installation, maintenance, repair, service, response to or summoning others to respond to an alarm system. When the alarm system is the sole responsibility of the user and no contractual agreements with another company exist for the maintenance of alarm equipment, the user shall be considered the alarm agent for purposes of this Chapter.

ALARM OFFICER: The Chief of Police of the City of Twin Falls or his designee.

ALARM SUBSCRIBER: Any person who purchases, leases, contracts for or otherwise obtains an alarm system or contracts for the servicing or maintenance of an alarm system.

ALARM SYSTEM: Any mechanical, electrical or other device which is designed or used for the detection of a trespass, burglary or robbery within a building, structure or facility, or for alerting others to a hazard or to the commission of an unlawful act within a building, structure or facility, or which emits a sound or transmits a signal or message when activated and which is designed to elicit a response from the Police Department. Alarm systems include, but are not limited to, direct dial telephone devices, audible alarms and proprietor alarms. Devices which are not designed or used to register alarms are audible, visible or perceptible outside the protected building, structure or facility are not included within this definition. An alarm system includes all the necessary equipment designed and installed for the detection of a trespass, burglary, robbery or other hazard in a single building, structure or facility, or for alerting others to the commission of an unlawful act within a building, structure or facility.

AUDIBLE ALARM: A device designed for the detection of unauthorized entry or presence on certain premises when it is activated.

AUTOMATIC DIALING DEVICE: An alarm system which automatically sends over regular telephone lines, by direct connection or otherwise, a prerecorded voice message or coded signal indicating the existence of an emergency situation that the alarm system is designed to detect.

EMERGENCY: Any condition for which the alarm was designed and installed, and which results in a response of police personnel. An emergency is a situation or condition which involves the imminent potential for serious injury, death, violent crime, serious public hazard or a felony crime in progress.

FALSE ALARM: An alarm signal, message, transmittal or communication which is activated from an alarm system which is responded to by personnel of the Police Department for which no emergency situation exists or existed as determined by the responding police personnel. False alarm shall not include alarms caused by natural occurrences such as hurricanes, tornadoes, earthquakes or other extraordinary circumstances determined by the alarm officer to be clearly beyond the control of the alarm subscriber.

PENALTY STATUS: That status achieved by more than two (2) false alarms within the calendar year beginning January 1 and ending December 31.

PERSON: Any individual, partnership, association, corporation or organization of any kind, or any governmental entity or political subdivision thereof.

POLICE DEPARTMENT: The Twin Falls City Police Department.

PROPRIETOR ALARM: An alarm which is not serviced by an alarm agent. (Ord. 2463, 11-7-94, eff. 1-1-95)

   (A)   Upon notification by the alarm officer or his designee that an alarm system is activated, the alarm subscriber, or the representative or alarm agent of the alarm subscriber, shall immediately proceed to silence the alarm. The silencing shall be completed within fifteen (15) minutes after notification when the alarm system is protecting a residential structure or within thirty (30) minutes when the alarm system is protecting a commercial or industrial structure.

   (B)   An alarm system may be equipped with an automatic shut-off device which shall silence the alarm within fifteen (15) minutes after activation when the alarm system is protecting a residential structure or within thirty (30) minutes of activation when the alarm system is protecting a commercial or industrial structure. (Ord. 2463, 11-7-94, eff. 1-1-95)

   (A)   Each alarm subscriber shall maintain each alarm system in good working order, and provide the necessary service to prevent malfunctions.

   (B)   It shall be unlawful for an alarm subscriber to allow, permit or use an alarm system which is not in good working order, or has fallen into disrepair, or has malfunctioned. (Ord. 2463, 11-7-94, eff. 1-1-95)

   (A)   An alarm subscriber shall reimburse the City for the cost of City services, including, but not limited to, responding police personnel and equipment utilized in responding to a false alarm of the alarm subscriber's alarm system.

   (B)   Any person who wilfully maintains, operates, uses or attempts to use, an alarm system which signals a false alarm shall reimburse the City for the cost of City services as provided.

   (C)   Any person who wilfully or negligently causes a false alarm shall reimburse the City for the cost of City services as provided. (Ord. 2463, 11-7-94, eff. 1-1-95)

   (A)   No person, whether or not an alarm subscriber, shall maintain, operate, use or attempt to use, an alarm system which generates more than two (2) false alarms in a calendar year.

   (B)   Any alarm system maintained, operated, used or attempted to be used, in violation of this Chapter shall be deemed a public nuisance. In addition to reimbursement or any other remedy available to the City, the City may impose a penalty fee for each and every false alarm after the two (2) within the calendar year as determined by following the schedule below:

 

 

   (C)   Where the alarm system is deemed a public nuisance as provided in this Chapter, the alarm officer shall provide the alarm subscriber written notice informing the alarm subscriber of the penalty status and the finding of public nuisance.

   (D)   Review:

      1.   The alarm subscriber may request the alarm officer to review and reconsider the determination of public nuisance by submitting a written request to the alarm officer within ten (10) days upon receipt of the notice of penalty status and nuisance. Failure to submit a written request in compliance with this Section is deemed a waiver of any and all rights to appeal.

      2.   The alarm officer shall review the determination and send the alarm subscriber his findings as to whether the alarm system is a public nuisance in writing to the alarm subscriber by certified mailing within fifteen (15) days.

   (E)   Appeal: The alarm subscriber may request a hearing before the City Council after filing a notice for hearing in writing to the City Clerk no later than ten (10) days upon receipt of the alarm officer's finding of public nuisance. Any finding by the City Council is appealable to the District Court of the Fifth Judicial District provided filing and fees are submitted in accordance to Idaho law. (Ord. 2463, 11-7-94, eff. 1-1-95)

   (A)   An alarm subscriber who has notice of his/her alarm system being deemed a public nuisance shall be assessed a penalty fee in accordance to these provisions.

   (B)   An alarm subscriber who has notice of the assessed penalty or for any amount due in reimbursement, shall remit within fifteen (15) days the amounts due to the City. (Ord. 2463, 11-7-94, eff. 1-1-95)

No person shall use or operate an automatic dialing device or any device programmed to initiate and deliver a message or signal to any telephone number belonging to the City. (Ord. 2463, 11-7-94, eff. 1-1-95)

   (A)   It shall be unlawful to operate or maintain any alarm system as herein defined in this Chapter for any purpose other than reporting such trespasses, burglaries, robberies or other crimes involving potential serious bodily injury or death.

   (B)   No person shall operate or use a public safety alarm system for any purpose other than that for which it is installed, or for any purpose other than detecting and reporting a trespass, burglary, robbery or other permitted purpose. (Ord. 2463, 11-7-94, eff. 1-1-95)

   (A)   Any person violating any of the provisions of this Chapter shall be deemed guilty of a misdemeanor and upon conviction thereof shall be fined or imprisoned in the County jail in an amount not exceeding that permitted by law.

   (B)   Each and every false alarm over two (2) within the calendar year shall be deemed a separate offense. (Ord. 2463, 11-7-94, eff. 1-1-95)

The conviction or punishment of any person for violation of the provisions of this Chapter shall not release such person from paying any business taxes, charges, fees, license fees or reimbursement for false alarms due and unpaid at the time of such conviction, nor shall payment of any fee or reimbursement for false alarms prevent the criminal prosecution for violation of any of the provisions of this Chapter. All remedies shall be cumulative and the use of one or more remedies by the City shall not bar the use of any other remedy provided by law. (Ord. 2463, 11-7-94, eff. 1-1-95)

Any person who knowingly maintains a place to which persons habitually go for the purpose of committing acts in violation of any State law or of this Code maintains a "nuisance". (Ord. 2624, 7-26-1999)

   (A)   A suit to enjoin and abate a nuisance may be brought by the City Attorney in the name of the City.

   (B)   If judgment is in favor the City, the court may grant an injunction ordering the defendant to abate the nuisance and to enjoin the defendant from maintaining or permitting the nuisance. The judgment may order that the place where the nuisance exists be closed for one year after the date of judgment unless the defendant or the real property owner, lessee, or tenant of the property posts bond.

   (C)   The bond must be payable to the City in the penal sum of ten thousand dollars ($10,000.00) by sureties authorized to do business in Idaho, conditioned upon the property not being used or permitted to be used for the violation of any State law or of this Code. (Ord. 2624, 7-26-1999)

If a condition of a bond filed or an injunctive order entered under this Code is violated, the City may apply to the court for an order forfeiting the bond and closing the premises for one year from the date of the bond forfeiture. (Ord. 2624, 7-26-1999)

   (A)   Proof that law violations are frequently committed at the place involved is prima facie evidence that the proprietor or owner knowingly permitted the act or acts.

   (B)   Evidence that persons have been convicted of law violations at the place involved is admissible to show knowledge on the part of the defendant that the act occurred. Copies of judgments of convictions are admissible to show that the offenses for which a person was convicted were committed at the place involved.

   (C)   Evidence of the general reputation of the place involved is admissible to show the existence of the nuisance. (Ord. 2624, 7-26-1999)

The regulations set forth herein shall apply to all business establishments with self-service gasoline and/or diesel fuel pumps located thereon, engaged in the selling of gasoline and/or diesel fuel, and located in the corporate limits of the city. (Ord. 2810, 11-8-2004)

   (A)   All business establishments with gasoline and/or diesel fuel pumps located thereon must require full payment in advance for any quantity of self-service gasoline or diesel fuel sold at any time.

   (B)   This requires the business establishment and its representatives to receive payment in full prior to activating the self-service gasoline or diesel fuel pumping device.

   (C)   Payment includes purchase by any legal means: cash, credit card, debit card, checks or otherwise.

   (D)   This chapter shall not apply to transactions involving established charge account customers. (Ord. 2810, 11-8-2004)

Any person or business establishment who violates any provision of this chapter shall be subject to a fine of not more than three hundred dollars ($300.00) for each offense. (Ord. 2810, 11-8-2004)

It is hereby declared to be a nuisance and to be unlawful for any person to place or put, by any means, any drawing, inscription, figure, symbol, or mark of any type commonly known as graffiti on any public or private property without the permission of the owner of the premises on which the surface is located, or upon any natural surfaces such as rocks or trees, or any other surface whatsoever. (Ord. 2016-8, 6-27-2016)

Any person found to be in violation of section 6-13-1 of this chapter may be required to remove or cause to be removed the graffiti from the surface on which it was placed. Inasmuch as it is often not possible to determine the identity of the person who applied the graffiti, it may be the duty of the owner or person in control of the premises on which the graffiti has been applied to promptly remove the graffiti after notice as hereinafter set forth.

The chief of police or his designated representative shall attempt to enlist partner agencies and organizations to aid in the removal of graffiti from private property, with the consent of the private property owner. (Ord. 2016-8, 6-27-2016)

   (A)   Whenever the chief of police or his designated representative discovers graffiti on any public or private property or any surfaces visible to persons utilizing public rights of way within the city, he may, whenever seasonal temperatures permit the painting of exterior surfaces, cause a notice to be issued to the owner or person in control of the premises to abate the nuisance and remove the graffiti or cover it with paint or other suitable substance.

   (B)   Said notice shall be served upon the owner(s) of the affected premises, as shown on the last property tax assessment rolls of Twin Falls County, Idaho, with a copy to the occupant of the premises. If there is no known address for the owner, the notice shall be served at the property address. Service of the notice may be accomplished through personal service on the owner, occupant, or person in charge or control of the property or by certified mail.

   (C)   Notice shall be in writing and shall clearly state that the owner or person in charge or control of the property is required by this chapter to remove from public view or paint over the graffiti within fifteen (15) days of receipt of the notice; that failure to so abate will cause the city to abate the nuisance and may assess the costs to the owner; that failure to pay said costs within thirty (30) days of receipt of billing shall result in an assessment against the property, collectible with the property taxes; that the owner or person served may, within ten (10) days of receipt of the notice, deliver in writing to the chief of police his objections to the removal requirement and request a hearing before the city council. (Ord. 2016-8, 6-27-2016)

Nuisances which remain unabated after notice may, at the option of the city, be removed, abated or destroyed by the city or its agents, after the following steps have been taken:

   (A)   If after fifteen (15) calendar days from the date a written notice is personally delivered to the property owner, or mailed to the property owner's address as shown in current official Twin Falls County assessor records, no abatement of the nuisance has occurred, the designated enforcement officer shall provide a second ten (10) day notice to be delivered to the property owner by certified mail or personal service, which shall indicate the following:

      1.   That if the property owner fails to abate the nuisance, the city shall take steps to abate the same.

      2.   That the property owner may contract with the city to abate the nuisance and pay costs of the same.

      3.   That if the city abates the nuisance, all costs and expenses of abatement may be billed and assessed against the property owner, and if unpaid, shall become collectable as a special assessment with property taxes.

      4.   That the property owner has a right to appear before the city council to show cause as to why he or she should not be forced to abate or pay for abatement of the nuisance; furthermore, that if the property owner desires such a hearing, a request for hearing, in writing, shall be given to the designated enforcement officer prior to expiration of the ten (10) day notice, and that abatement by the city will proceed if the property owner has not exercised this option to request a hearing.

      5.   If said certified notice is returned as undeliverable, or is unclaimed by the property owner, nothing shall preclude the city from exercising its abatement option as specified herein.

   (B)   When the ten (10) day notice has expired without a request for hearing, the mayor's designated enforcement officer is authorized to remove, abate or destroy the nuisance. The designated enforcement officer is authorized to utilize city personnel to abate the nuisance or to contact the mayor or chief of police in regard to contracting for an outside party to abate the nuisance.

   (C)   If the city abates any nuisance under the provisions of this chapter, a statement of charges billed to the property owner may be mailed or personally delivered to the property owner.

   (D)   If payment is not received from the property owner within thirty (30) days, the amount billed shall, in accordance with state law, be assessed as a special assessment collectable against the subject property as other state, county and municipal taxes.

   (E)   If the property owner requests a hearing to show cause before the city council, the hearing shall, if feasible, be placed on the agenda of the next regularly scheduled city council meeting. The decision of the city council shall be final. A ten (10) day period shall be given the property owner after the council decision so that the property owner shall have additional opportunity to abate the nuisance or to pursue any legal remedies or defenses at the district court level. (Ord. 2016-8, 6-27-2016)

A violation of section 6-13-1 of this chapter shall be a misdemeanor, punishable as provided in section 1-4-1 of this code. A violation of any other provision of this chapter shall be an infraction, punishable by a fine of one hundred dollars ($100.00), plus court costs. (Ord. 2016-8, 6-27-2016)

The purpose of this chapter is to maintain public safety, ensure the free flow of commerce, and protect the rights of business owners and the public from unlawful assemblies that create hazardous or physically offensive conditions. (Ord. O-2025-007, 4-21-2025)

   (A)   Unlawful Conduct: It shall be unlawful for any person or group to assemble in a public space or a space open to the public without lawful and legitimate business with the property owner, business, or occupant adjacent to the immediate space, if such assembly:

      1.   Creates or establishes a hazardous or physically offensive condition, to include;

      2.   Causes significant disruption to normal operations of a property owner, occupant, or resident;

      3.   Results in substantial interference with pedestrian or vehicular traffic;

      4.   Results in the creation of excessive noise through amplified music, chanting, yelling, clatter, or vehicle use such as revving engines, burnouts, and racing;

      5.   Result in the creation and discard of excess garbage, waste, debris, trash, and/or litter;

      6.   Poses a substantial risk of injury, alarm, or serious disruptions to any person or property;

      7.   Blocks sidewalks with lawn chairs, tables, or other obstacles without a business license or special events permit allowing for the general use of the property by the public.

   (B)   Violation of this chapter constitutes an infraction and carries a $300.00 fine.

   (C)   Exemptions: Any special event, festival, sale, or other public activity organized and operated under a special event permit is exempt from this section. (Ord. O-2025-007, 4-21-2025)

   (A)   Unlawful Conduct: When two (2) or more people congregate in a public place and the acts of such persons create a substantial risk of injury, alarm, or serious inconvenience to any person or property, or hinder or obstruct the free passage of any person or vehicle upon a public right-of-way, a peace officer or other public official engaged in executing and enforcing the law may order the participants and others in the immediate vicinity to disperse.

   (B)   Penalty: A person who refuses a lawful order to disperse or knowingly and intentionally fails to obey such an order is guilty of a misdemeanor and shall be subject to penalties including fines and/or imprisonment as determined by local statutes. (Ord. O-2025-007, 4-21-2025)

   (A)   Law enforcement officers and other public officials are authorized to enforce this chapter to ensure public order and compliance.

   (B)   Violators of this chapter may be subject to fines, citations, or other penalties as prescribed by local law. (Ord. O-2025-007, 4-21-2025)

This chapter shall not apply to lawful demonstrations, protests, rallies or gatherings protected under the First Amendment, provided such activities do not create hazardous or physically offensive conditions as outlined in Section 2. Exemptions from this chapter include special events such as parades, festivals, sidewalk sales, etc., that complete and receive appropriate permits through the City of Twin Falls Special Events Permit process. No such order shall apply to a news reporter or other person observing or recording the events on behalf of the public press or other news media, unless he/she is physically obstructing lawful efforts by such officer to disperse the group. (Ord. O-2025-007, 4-21-2025)