City Council

Idaho Falls Downtown Development Corp. board meeting was held in the Syringa Networks Board Room (460 Park Ave) at 8:30am September 10, 2019 Attendance: Antonio Meza, Steve Fishbach, Kevin Cutler, Greg Crockett, Jake Durtschi, Jill Hansen, Tasha Taylor, Brandi Newton, Lisa Farris, Jim Francis – city council; Staff: Catherine Smith, Mala Lyon, Ed O’Rayeh; visitors: Jim Pletcher Minutes for August 6, 2019 were reviewed – Tasha motioned they be approved; Kevin seconded, and board approved Financial report – all invoices for RDA reimbursement must be turned n by Sept 19, 2019. We are sending a check for $79,000 out to Dave Lawrence today. We did have to use some money from the savings account. We have added insurance on the parking vehicle at $835 per year – this is in the budget for next year. The 5 parking meters are here and will be installed next week. We have hired a new full-time parking ambassador; Juan Hernandez and he will start Sept 23rd. His hours will be Mon – Fri 9-6 with adjustments as needed. Ed will be part-time/on-call. Taste of Downtown expenses are all in now. Jake motioned the financial report be approved; Brandi second and board approved. Catherine – the city gave us $35,000 to operate the on-street parking; we had requested $50,000, so a reduction in the budget we had planned on. Brandi asked if we have to report back to the city specification on what our scope of work was, specific goals or a contract? Jake explained it is a contract pilot program that we are committed to for one year. Randy Fife the city attorney has been working with us on all the details for managing the on-street parking. At the end of the year we will evaluate to see if it makes sense for us to continue. Catherine has requested the city restripe the crosswalks downtown. Yellowstone & B Street and Broadway and Park have been painted already. There is $8,000 they will shift to that project priority. Next year 2020 we are going to look at doing crosswalk art, murals, alley improvements with lighting and public seating, Idaho Falls Power is very interested in moving the wires underground, new signage on the greenbelt – the kiosk that is there now is in bad repair and outdated with old graphics, the sign arch on Broadway – look into more options as it is a very expensive project with lots of engineering details, also looking into re-joining the Mainstreet program. Driggs recently won an award with them. It may be worth the money to re-join and use their re-sources. Getting the power poles and powerlines out of the alleys is a huge project and will involve a cost to each property owner. Lisa said there might be 2020 grant money that could be used toward the project as a whole. Corner project is finished except for the Celt, which still needs the pavers installed. There will be a rail installed and a new tree to the north. This is our first parklet and it looks so good so far. We stayed on budget with the concrete but are about 7% over on the landscaping. Parks & Rec would not take on watering the new trees, so we had to have Dave Lawrence hire someone to do that all summer at the cost of $9,000. It was partly a management issue for the watering with all the different contractors involved. The cost of the steel boxes went up. We had to add bark around the trees to make them safer for people walking by. The sand was planned for 4” but ended up being 10” in some areas and the size of each space with the pavers was estimated to save some engineering costs. The added costs were $14,000 and the $7,000 for watering is what put us $21,000 over budget. Jake said you usually have to plan for a 25% over budget cost, so coming in at only 7% is really good. Broadway project is mostly still being hand watered as the auto-water system was set to mist and needed to be a flow of water. Shoup and A Street had too much water, so there are still some adjustments being made. We lost 2 trees on Broadway, but they have been replaced. The tree on the corner of Shoup and B Street (Shoup side) is under warranty and will be replaced. There is a tree by the Ferrell’s building that is not looking too good and we will watch that one closely. To cover the over budget costs Catherine suggested we use the money in the savings account and if we have excess from this year’s budget it could also be used. Greg asked about the money at the city from the BID? Do we have a current statement from the county? We have not received one for June/July. Our job is not to hold onto money but to use it on projects like this one. Brandi made a motion that the money in savings be used to cover the over budget costs; Tasha second and board approved. Any surplus from the 2018-2019 budget will be placed into the savings account at the end of this fiscal year. Antonio said there was some new discussion by a few of the board members about the decision to not monitor and give out tickets in the parking lots in the evening. Catherine explained that the B Street lot is a real problem in the evening and weekends. We are seeing an increase in overnight parking already and yesterday, Monday, there were several broken beer bottles from the weekend. We have collected and turned into the police drug related items, an actual bag of drugs, needles and other bad things. We have talked to the police several times about more patrols and monitoring, but they are doing their best. Security cameras are a very expensive option we have looked into. Tasha asked why the lots are not handled differently as they seem to be very different. Brandi asked that we make a recommendation on what we want for the B Street lot. Catherine explained that the B Street lot really is in the core or heart of downtown and is our prime parking spot especially in the evenings. People are willing to pay to have a place to park and not worry about it and just go to dinner and a show. Lisa asked how the lighting is as that always helps deter problems. Catherine will call a meeting with the parking committee and the parking staff to create a specific plan for the B Street lot. We will also listen to whoever has an opinion on that lot. Next week IPS will be here to install the 5 parking meters in the parking lots. We will have training on the LPR (License Plate Reader) and other equipment, merchant training on the new meters and how the validation will work. We have the Park I F website up and running already. Marketing will be done with IPS. Lisa – 2017, 2018 and 2019 we have $57,000 to work with. Kingston has applied for faced improvement which will include professional design work. Several others have expressed interest but not followed thru. The 2020 cycle process will start soon. Brandi – Celebrating the 100 years of the Colonial with a street party Friday from 4-8:00 with a 1920’s theme Meeting was adjourned at 9:30am. Our next board meeting will be held October 1, 2019. Respectfully submitted by Kevin Josephson, IFDDC secretary and Mala Lyon Community Development Services - Idaho Falls Downtown Development Corporation (IFDDC) Parking Management Agreement MEMORANDUM OF UNDERSTANDING FOR IFDDC PARKING PROGRAM BETWEEN CITY OF IDAHO FALLS, IDAHO AND IDAHO FALLS DOWNTOWN DEVELOPMENT CORPORATION THIS MEMORANDUM OF UNDERSTANDING FOR IFDDC PARKING PROGRAM BETWEEN CITY OF IDAHO FALLS, IDAHO AND IDAHO FALLS DOWNTOWN DEVELOPMENT CORPORATION (hereinafter “MOU”) is entered into this day _____ of _________, 2019, by and between City of Idaho Falls, Idaho, a municipal corporation of the State of Idaho, whose address is P.O. Box 50220, Idaho Falls, Idaho 83405 (hereinafter “CITY”), and the Idaho Falls Downtown Development Corporation, a 501(c)(3) Idaho non-profit corporation, 381 Shoup Ave., Ste. 207, Idaho Falls, Idaho, 83402 (hereinafter “IFDDC”). WHEREAS, the downtown area in Idaho Falls is a vital, vibrant, and important part of our community; and WHEREAS, the commercial and business establishments in downtown thrive when there is efficient and effective and predictable parking usage; and WHEREAS, CITY wishes to promote the downtown area and to explore a different way to manage the availability of on-street and off-street parking in the area depicted in Exhibit “A” incorporated in this MOU; and WHEREAS, the Idaho Falls Downtown Development Corporation (“IFDDC”) is dedicated to the improvement and sustaining of the downtown area for commercial, business, and residential purposes; and WHEREAS, CITY and IFDDC are of the opinion that IFDDC has the proper interest, organization, and staffing to regulate on-street and off-street parking in the downtown area; and WHEREAS, CITY and IFDDC desire to allow IFDDC to regulate downtown parking for the term of this MOU in order to have an effective downtown parking program. THEREFORE, in consideration of the mutual promises below, CITY and IFDDC agree as follows: 1.0 IFDDC’S OBLIGATIONS 1.1 Scope of IFDDC’s Authority IFDDC shall administer permits and enforcement of IFDDC pilot parking program on CITY streets and public rights-of-way within the area in and around downtown Idaho Falls and as identified on the map incorporated into this MOU as Exhibit “A,” including both sides of the streets that form MOU BETWEEN CITY AND IFDDC (DOWNTOWN PARKING) PAGE 1 OF 7 the borders of the area illustrated in Exhibit “A.” Upon mutual written agreement, CITY and IFDDC may amend Exhibit “A.” 1.2 IFDDC’s Parking Regulations IFDDC shall apply all relevant state and local on-street and off-street parking regulations on City streets and public right-of-ways in the downtown area, as identified on the map appropriated as Exhibit “A” through the term of this MOU. Such include parking regulations in Idaho Code Title 49 and Idaho Falls City Code (especially IFCC Title 9). 1.3 Dedicated CITY Streets IFDDC acknowledges that this MOU is not intended to be construed in any way to void, limit, or restrict CITY’s jurisdiction, control, or authority over dedicated CITY streets or public rights-of- way. 1.4 Collections and Use of Revenue CITY agrees to pay IFDDC thirty-five thousand dollars ($35,000) per year, during the term of this MOU, for management and enforcement of on-street and of-street parking in the area illustrated in Exhibit “A.” IFDDC shall collect revenues associated with regulation and enforcement of the IFDDC Parking Program, including collection of administrative fines and penalties related to enforcement as described in this MOU, on dedicated CITY streets, parking lots, and public rights- of-way in the area shown in Exhibit “A.” IFDDC agrees that revenues generated from parking enforcement, encompassed by this MOU, shall be specifically accounted for and used exclusively on public transportation or maintenance and improvement of CITY streets, public rights-of-way, public parking facilities, and public property, as directed by CITY. In the event that IFDDC’s costs exceed, thirty-five thousand dollars ($35,000), IFDDC may deduct reasonable costs directly attributable to enforcement or collection of parking revenue from the amount of revenue collected for and in behalf of CITY. Nothing in this MOU precludes IFDDC from retaining monies collected in excess of IFDDC pilot program expenses as reserve funds for future downtown parking enhancements. 1.5 Parking and Traffic Control Signs CITY shall install and maintain traffic and parking control devices on designated CITY streets and public rights-of-way described in accordance with the Manual on Uniform Traffic Control Devices and applicable State and local laws. CITY Director of Public Works shall approve regulatory traffic and parking devices on CITY streets and public rights-of-way before being posted by IFDDC. IFDDC shall correct any inadequate or improper signage or markings at the direction of CITY's Director of Public Works. Any additional signage requested by IFDDA related to this MOU shall be approved by CITY Director of Public Works. 1.6 Liability Coverage Provisions CITY is a governmental entity subject to statutory and constitutional restrictions concerning the acceptance of liability. CITY’s liabilities are further governed by the Idaho Tort Claims Act. It is MOU BETWEEN CITY AND IFDDC (DOWNTOWN PARKING) PAGE 2 OF 7 the intention of the Parties that each will be responsible for its own acts and omissions and those of its officers and employees acting within the course and scope of their employment and will not be responsible for the other Parties risks or liabilities. 1.6.1 Each Party to this MOU shall be responsible for the negligent acts or omissions of its own employees, officers, or agents in the performance of this MOU. Neither Party shall be considered the agent of the other and neither Party assumes any responsibility to the other Party for the consequences of any act or omission of any person, firm, or corporation not a party to this MOU. 1.6.2 Subject to the limits of CITY liability specified in Idaho Code Sections 6-901 through 6-929, known as the Idaho Tort Claims Act, IFDDC shall indemnify and hold CITY and its agents and assigns harmless from and/or against any and all claims, damages, and liabilities (including reasonable attorney's fees) that may be suffered or incurred and that arise as a direct result of and which are caused by IFDDC's performance under this MOU. 1.6.3 Indemnitee shall promptly notify the IFDDC of any such claim of which it has knowledge and shall cooperate fully with IFDDC or its representatives in the defense of the same, to the extent allowed by Idaho Code and Idaho County Risk Management Program (ICRMP). 1.6.4 IFDDC’s shall maintain Automobile Insurance, Workmen’s Compensation Insurance coverage, Employer’s Liability, and Comprehensive General Liability Insurance coverage. The Comprehensive General Liability Insurance shall have a minimum limit of liability of one million dollars ($1,000,000.00) Combined Single Limits. IFDDC shall provide to CITY, upon request, proof of insurance for any required coverage under this paragraph. 1.6.5 IFDDC shall indemnify, defend and hold CITY harmless from and against any and all claims, losses, damages, injuries, liabilities and all costs, including attorney’s fees, court costs and expenses and liabilities incurred in or from any such claim, arising from any breach or default in the performance of any obligation on IFDDC's part to be performed under the terms of this MOU, or arising from any act, negligence or the failure to act of IFDDC, or any of its agents, subcontractors, employees, invitees or guests. IFDDC, upon notice from CITY, shall defend CITY at IFDDC's expense by counsel reasonably satisfactory to CITY. IFDDC, as a material part of the consideration of CITY, hereby waives all claims in respect thereof against CITY. 1.7 Reporting Obligations 1.7.1 Claim Reporting. IFDDC shall provide a report to CITY of any liability or negligence claim of which it has knowledge, and shall cooperate fully with CITY or its representatives in the defense of the same. l.7.2 Activity Reporting. IFDDC shall provide an annual report to CITY summarizing the following: MOU BETWEEN CITY AND IFDDC (DOWNTOWN PARKING) PAGE 3 OF 7  a. number of parking permits sold for CITY streets and public rights-of-way; b. revenue from permits sold for CITY streets and public rights-of-way; c. revenue generated from collection of administrative fines and penalty tickets; d. locations and amount of each ticket for parking violations on CITY streets, public property, public parking lots, and public rights-of-way; and e. percentage of total IFDDC parking ticket revenue collected from tickets for CITY streets, public property, public parking lots, and public rights-of-way. 2.0 Grant of Authority IFDDC employees are hereby granted the authority to issue permits and tickets or citations and to enforce CITY parking regulations on all CITY streets and public rights-of-way shown on Exhibit “A” in the manner as outlined in the Idaho Falls City Code. 3.0 GENERAL TERMS 3.1 Additional Acts Except as otherwise provided herein, the Parties to this MOU shall perform, execute and/or deliver, or cause to be performed, executed and/or delivered, any and all such further acts and assurances as any Party to this MOU may reasonably require to execute the promises in this MOU. 3.2 Notices Any notice under this MOU shall be in writing and be delivered in person or by public or private courier services (including U.S. Postal Service Express Mail), or certified mail with return receipt requested, or by facsimile. All notices shall be addressed to the Parties at the following addresses or at such other addresses as the Parties may from time to time direct in writing: IFDDC: Executive Director 381 Shoup Avenue, Ste. 207 Idaho Falls, ID 83402 CITY: Director of Community Development Services Department P.O. Box 50220 Idaho Falls, ID 83405 (208) 612-8256 3.3 Term The term of this MOU shall commence on October 1, 2019, and shall end September 31, 2020. This MOU shall renew annually unless notification of termination is provided subject to paragraph 3.4, Termination. MOU BETWEEN CITY AND IFDDC (DOWNTOWN PARKING) PAGE 4 OF 7  3.4 Termination Either Party may terminate this MOU by providing written notice six (6) months in advance of the proposed termination. Monies and resources paid to or collected by IFDDC shall be apportioned pro rata, at the termination of this MOU. IFDDC shall remit City a detailed accounting of amounts paid to IFDDC from City, IFDDC’s costs directly incurred by IFDDC’s parking management, amounts collected by IFDDC, and any money withheld by IFDDC for its costs or retained as reserve funds for future downtown parking enhancements. 3.5 Modification This MOU may be modified or amended by mutual agreement of the Parties. Such amendments shall not be binding unless they are in writing and signed by personnel authorized to bind each of the Parties. 3.6 Headings The headings contained in this MOU are for reference purposes only and shall not in any way affect the meaning or interpretation hereof. 3.7 Entity Authority Each individual executing this MOU on behalf of a Party hereto represents and warrants that he or she is duly authorized to execute and deliver this MOU on behalf of said Party in accordance with duly adopted organizational documents or agreement and, if appropriate, a Resolution of the Party, and that this MOU is binding upon said Party in accordance with its terms. ATTEST: CITY OF IDAHO FALLS By: Kathy Hampton, City Clerk Rebecca L. Noah Casper, Mayor IFDDC By: ____________________________________ Catherine Smith MOU BETWEEN CITY AND IFDDC (DOWNTOWN PARKING) PAGE 5 OF 7 STATE OF IDAHO ) ) ss. County of Bonneville ) On the _________day of , 2019, before me, the undersigned, a notary public for Idaho, personally appeared Rebecca L. Noah Casper, known to me to be the Mayor of the City of Idaho Falls, Idaho, the municipal corporation that executed the foregoing document, and acknowledged to me that he is authorized to execute the same for and on behalf of said City. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year first above written. ___________________________________ Notary Public for State of Idaho Residing at Idaho Falls, Idaho (Seal) My Commission Expires: STATE OF IDAHO ) ) ss. County of Bonneville ) On the ________ day of_______________, 2019, before me, the undersigned, a notary public in and for said State, personally appeared Catherine Smith, known or identified to me to be the person whose name is subscribed to the within instrument and acknowledged to me that she executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal, the day and year in this certificate first above written. ___________________________________ Notary Public for State of Idaho Residing at Idaho Falls, Idaho (Seal) My Commission Expires: MOU BETWEEN CITY AND IFDDC (DOWNTOWN PARKING) PAGE 6 OF 7 MOU BETWEEN CITY AND IFDDC (DOWNTOWN PARKING) PAGE 7 OF 7  ORDINANCE NO. _________ AN ORDINANCE OF THE CITY OF IDAHO FALLS, IDAHO, AMENDING THE CITY CODE’S DOWNTOWN PARKING REGULATIONS, CREATING PROCEDURES AND REGULATIONS FOR THE COUNCIL TO AUTHORIZE AGENTS TO ENFORCE THE DOWNTOWN PARKING REGULATIONS, AND PROVIDING SEVERABILITY, CODIFICATION, PUBLICATION BY SUMMARY, AND ESTABLISHING EFFECTIVE DATE. WHEREAS, the economic and community activity in the City’s downtown area creates unique and consistent demand for public parking; and WHEREAS, the Council desires to appoint parking agents to assist the Police Department in regulating and enforcing the City’s downtown parking regulations; and WHEREAS, the City desires the downtown area to have consistent and enforced parking regulations. NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF IDAHO FALLS, IDAHO, THAT: SECTION 1. Title 9, Chapter 1 of the City Code of the City of Idaho Falls, Idaho, is hereby amended as follows: ... 9-1-3: ENFORCEMENT: Any person who violates any traffic or motor vehicle law within the City shall be guilty of an infraction and shall be punishable in accordance with the provisions of Title 49, Chapter 15, Idaho Code, as the same now exists or as amended hereafter. All authorized parking enforcement agents and peace officers shall follow the procedures set forth in such Chapter when issuing citations for infractions. ... 9-1-10: PROHIBITION OF ATV'S, UTILITY-TYPE VEHICLES AND MOTORBIKES ON PUBLIC STREETS: ... (C) AREAS CLOSED TO ATV, UTV, OR MOTORBIKE USE: No person shall drive or operate an ATV, UTV, or Motorbike on any street, sidewalk, alley, jogging path, park, golf course or other public way located within the City of Idaho Falls. (D) EXCEPTIONS: Nothing herein shall prohibit the operation of an ATV, UTV, or Motorbike under the following circumstances: PARKING ORDINANCE PAGE 1 OF 7  (1) The use of ATV's or UTV's by the City of Idaho Falls personnel for public property or public facility maintenance. (2) The use of ATV's or UTV's for snow removal from driveways, sidewalks or parking lots. Any traveling in prohibited areas must be directly related to such snow removal. (3) The use of ATV's or UTV's by the City of Idaho Falls Law Enforcement officers or any City authorized parking enforcement agent. (4) The use of ATV's or UTV's for events or activities, in which the user or owner of the machine has received a permit from the Police Department for use of the machine during that event or activity. The Police Department may place reasonable restrictions on such permits, for safety purposes. (E) PENALTY: Any violation of this section shall be an infraction. SECTION 2. Title 9, Chapter 4 of the City Code of the City of Idaho Falls, Idaho, is hereby amended as follows: ... 9-4-20: UNLAWFUL PARKING: A. It shall be unlawful for any person to park a vehicle, or, having parked the same, to allow it to remain parked in violation of the regulations of any parking sign located within clear view of a restricted parking area. When the parking sign merely states the duration of time allowed for parking, then the regulation shall be in force only during "operating times." When the sign forbids parking at all times, or at designated times, the regulation is in force at all times, or as stated. Any person who violates this Section shall be guilty of an infraction .and shall, upon conviction thereof, be punishable in an amount set from time to time by Resolution of the Council. The Council may set higher or graduated fines for repeated violations. B. A bona-fide resident of the downtown area, as defined in this subsection, may apply for a permit which shall exempt them from any two (2)-hour parking limit established for parking spaces within the off-street City-owned parking lot located between Shoup Avenue on the east, Park Avenue on the west, Broadway Avenue on the north, and Cliff Street on the south. Nothing herein shall exempt a person holding this permit from compliance with other parking limits or restrictions in this Code. For purposes of this subsection, a bona-fide resident of the downtown area must reside within the area bounded on the west by Memorial Drive and Capitol Avenue, on the south by Cliff Street, on the east by Yellowstone Avenue, and on the north by and including “G” Street at the time of application for the permit and at all times during the validity of PARKING ORDINANCE PAGE 2 OF 7 the permit. Discontinuance of residency for a period of thirty (30) consecutive days or more shall automatically void the permit. The downtown residents’ permit shall be valid for one (1) year from its issuance. The cost of each permit shall be in an amount set from time to time by Resolution of the Council. Only one (1) permit per licensed driver shall be allowed. The permit shall be displayed in the vehicle as to be visible from outside the vehicle, whenever the permittee parks his or her vehicle in a two-hour parking space. It shall be unlawful to transfer or allow another person to use this permit. 9-4-21: DOWNTOWN AREA STREET PARKING A. For the purposes of this Chapter, the “Downtown Area” shall be defined as the area bounded on the west by Memorial Drive and Capital Avenue, on the south by Cliff Street, on the east by Yellowstone Avenue and on the north by and including D Street. The Downtown Area shall also include the both sides of the streets that form the borders of the Downtown Area. B. Within the Downtown Area, any person who parks a vehicle in violation of any regulation as stated on any parking sign located within clear view of a restricted parking area shall be liable of a civil parking fine in an amount set from time to time by Resolution of the Council. The Council may set higher or graduated fines for repeated violations. A.C. This Section may be enforced by the Police Department or by any agent authorized to enforce the City’s parking regulations in the Downtown Area by the Council, which the Council may authorize or appoint from time to time. D. A bona-fide resident of the Downtown Area may apply for a permit which shall exempt them from any two (2)-hour parking limit established for parking spaces within the off- street City-owned parking lot located between Shoup Avenue on the east, Park Avenue on the west, Broadway Avenue on the north, and Cliff Street on the south. Nothing herein shall exempt a person holding this permit from compliance with other parking limits or restrictions in this Code. For purposes of this subsection, a bona-fide resident of the Downtown Area must actually reside within the Downtown Area the time of application for the permit and at all times during the validity of the permit. Discontinuance of residency for a period of thirty (30) consecutive days or more shall automatically void the permit. The downtown resident’s permit shall be valid for one (1) year from its issuance. The cost of each permit shall be in an amount set from time to time by Resolution of the Council. Only one (1) permit per licensed driver shall be allowed. The permit shall be displayed in the vehicle as to be visible from outside the vehicle, whenever the permittee parks his or her vehicle in a two-hour parking space. It shall be unlawful to transfer or to allow another person to use this permit. E. Violations of the Downtown Area Parking a. A notice of a violation of the Downtown Area parking regulations may be issued by any police officer or an agent authorized by the Chief of Police or the City Council. The notice of violation shall be issued by placing the notice on the PARKING ORDINANCE PAGE 3 OF 7  windshield of an illegally parked vehicle, in a secure manner, or in a prominent place upon the vehicle. At the minimum, the notice shall state the following: i. The date and time of when the notice was issued; and ii. The nature of the parking violation observed; and iii. The amount of the civil fine imposed; and iv. The procedure to pay or contest the fine. b. A separate notice shall be issued for each parking regulation violated. If the violation is overtime parking, a separate notice may be issued for each hour or fraction of an hour that, the owner or operator of the vehicle allows it to remain parked in violation of this Section. B. 9-4-221: PARKING FOR PERSONS WITH DISABILITIES: 1. Any person who parks or allows a vehicle to be parked in any parking space designated for use by persons with disabilities and signed in conformity with the next section of this Codethis Chapter is guilty of an infraction, and shall, upon conviction thereof, be punishable by a fine in an amount set from time to time by Resolution of the Council. 2. Exceptions: a. unless the vVehicles that are is momentarily in the space for the purpose of allowing a disabled person to enter or leave the vehicle, or b. unless Vehicles which have special license plates or a temporary card issued for the disable pursuant to Idaho Code § 49-410 that is clearly displayed on the vehicle. 1.3. For the purposes of this section, the registered owner of a vehicle who has expressly or impliedly consented to the use of his or her vehicle shall be deemed to have allowed the parking of such vehicle by the person to whom such consent was given. The term "person with a disability" shall have the same meaning ascribed in Idaho Code §49-117(7)(b). 9-4-232: DESIGNATION OF PARKING SPACES FOR PERSONS WITH DISABILITIES: For the purposes of the preceding sectionthis Chapter, a parking space designated for persons with disabilities shall be any parking space or area upon which there is posted immediately adjacent thereto, and visible from each stall or space, a sign which is at least thirty- six inches (36") above the ground, displaying the international symbol of accessibility that shall have the same proportions shown in Idaho Code §49-410. 9-4-243: ENFORCEMENT OF DESIGNATED PARKING SPACES FOR PERSONS WITH DISABILITIES ON PRIVATE PROPERTY: The provisions of this Sections 9-4-21 and 9-4-22Chapter regulating parking for persons with disabilities and the designating of spaces for persons with disabilities shall be enforceable with respect to handicapped parking spaces upon public property and private property open to public use. PARKING ORDINANCE PAGE 4 OF 7 9-4-254: NOTICE OF PARKING VIOLATIONS OUTSIDE OF THE DOWNTOWN AREA: (A) A notice of a violation of the parking regulations of this Chapter outside of the Downtown Area may be issued by any police officer or by any person or agent duly authorized by the Chief of Police or the Council. The notice of violation shall be issued by placing it on the windshield of an illegally parked vehicle, in a secure manner, or in a prominent place upon the vehicle. A separate notice shall be issued for each parking regulation violated. If the violation is overtime parking, a separate notice shall be issued for each hour or fraction of an hour that, the owner or operator of the vehicle allows it to remain parked in violation of this Chapter. (B) The notice of violation shall state the date and time when it is issued and the nature of the parking violation observed. The notice shall advise the owner or operator of the vehicle that he or she must admit the violation and pay the penalty or deny the violation and appear before an Idaho Falls Police Departmenta designated hearing officer within fourteen (14) days of the date the notice is issued, in default of which a summons and criminal complaint may be filed with the Bonneville County Magistrate Court and served upon such person. (C) Any person issued a parking notice may enter an admission in the following ways: (1) Depositing the notice of violation with the amount of penalty stated thereon in any collection box designated by the Police Department; (2) Mailing the notice of violation with the amount of the penalty stated thereon to the address indicated on the notice; or (3) Presenting the notice together with the amount of the penalty indicated thereon at the office of the City Treasurer. (D) Within fourteen (14) days of the date of issue of the notice of violation of this Chapter, any person issued a parking notice may deny the violation and may request a hearing before a hearing officer with the Idaho Falls Police Department by contacting the hearing officer. (1) The hearing officer shall schedule a hearing within ten (10) working days after being contacted by a person denying a parking violation. (2) During a hearing, the hearing officer shall outline the hearing process, state the allegation of the violation, and permit the person denying the parking violation to present statements, photographs, or other evidence. (3) Within ten (10) days after the hearing, the hearing officer shall make a determination whether the violation occurred. (a) If the hearing officer determines that the parking violation occurred, the hearing officer shall file a summons and criminal complaint with the Bonneville PARKING ORDINANCE PAGE 5 OF 7  County Magistrate Court and shall refer the parking violation for prosecution by the City Attorney Division. (b) If the hearing officer finds that the parking violation did not occur, the hearing officer shall dismiss the notice of parking violation. 9-4-265: PENALTIES: (A) Any person who violates Section 9-4-20 of the City Code is guilty of an infraction and shall, upon conviction thereof, be punishable as follows: If there have been no other citations given to the recipient within the past thirty (30) days, the penalty shall be in an amount set from time to time by Resolution of the Council. If there has been one (1) other citation received in the past thirty (30) days by the recipient, the penalty shall be in an amount set from time to time by Resolution of the Council. If there has been two (2) or more other citations received by the recipient in the past thirty (30) days, the penalty shall be in an amount set from time to time by Resolution of the Council. (B) Any person who violates the provisions of Section 9-4-21 of this Code is guilty of an infraction and shall, upon conviction thereof, be punishable by a fine in an amount set from time to time by Resolution of the Council. (C) Any person who violates any other provision of this Chapter, which does not otherwise provide a specific penalty, shall be guilty of an infraction, and shall, upon conviction thereof, be punishable by a fine in an amount set from time to time by Resolution of the Council. 9-4-276: ADDITIONAL REMEDIES PRESERVED: The issuance of a notice of violation shall not be the exclusive remedy for enforcing the parking regulations of this Chapter and all other lawful remedies are reserved, including prosecution by filing a criminal complaint for an infraction violation. SECTION 3. Savings and Severability Clause. The provisions and parts of this Ordinance are intended to be severable. If any section, sentence, clause, or phrase of this Ordinance should be held to be invalid or unconstitutional by a court of competent jurisdiction, such invalidity or unconstitutionality shall not affect the validity or constitutionality of any other section, sentence, clause, or phrase of this Ordinance. SECTION 4. Codification Clause. The City Clerk is instructed to immediately forward this Ordinance to the codifier of the official municipal code for proper revision of the Code. SECTION 5. Publication. This Ordinance, or a summary thereof in compliance with Idaho Code, shall be published once in the official newspaper of the City, and shall take effect immediately upon its passage, approval, and publication. PARKING ORDINANCE PAGE 6 OF 7 SECTION 6. Effective Date. This Ordinance shall be in full force and effect from and after its passage, approval, and publication. PASSED by the City Council and APPROVED by the Mayor of the City of Idaho Falls, Idaho, this _____ day of _____________, 2019. CITY OF IDAHO FALLS, IDAHO ____________________________________ REBECCA L. NOAH CASPER, MAYOR ATTEST: _____________________________________ KATHY HAMPTON, CITY CLERK (SEAL) STATE OF IDAHO ) ) ss: County of Bonneville ) I, KATHY HAMPTON, CITY CLERK OF THE CITY OF IDAHO FALLS, IDAHO, DO HEREBY CERTIFY: That the above and foregoing is a full, true and correct copy of the Ordinance entitled, “AN ORDINANCE OF THE CITY OF IDAHO FALLS, IDAHO, AMENDING THE CITY CODE’S DOWNTOWN PARKING REGULATIONS, CREATING PROCEDURES AND REGULATIONS FOR THE COUNCIL TO AUTHORIZE AGENTS TO ENFORCE THE DOWNTOWN PARKING REGULATIONS, AND PROVIDING SEVERABILITY, CODIFICATION, PUBLICATION BY SUMMARY, AND ESTABLISHING EFFECTIVE DATE.” _______________________________________ (SEAL) KATHY HAMPTON, CITY CLERK PARKING ORDINANCE PAGE 7 OF 7