City Council
Regular MeetingIdaho Falls, ID · December 6, 2021
Minutes
December 6, 2021 Work Session
The City Council of the City of Idaho Falls met in Council Work Session, Monday, December 6, 2021, in the Council
Chambers in the City Annex Building located at 680 Park Avenue in Idaho Falls, Idaho at 3:00 p.m.
Call to Order and Roll Call:
There were present:
Mayor Rebecca L. Noah Casper (departed at 5:30 p.m.)
Council President Michelle Ziel-Dingman
Councilor John Radford
Councilor Thomas Hally
Councilor Jim Freeman
Councilor Jim Francis
Councilor Lisa Burtenshaw
Also present:
Ryan Tew, Human Resources Director
Pamela Alexander, Municipal Services Director
Duane Nelson, Fire Chief
Mark Hagedorn, Controller
Bear Prairie, Idaho Falls Power Director
Bryce Johnson, Police Chief
Jeremy Galbreaith, Police Captain
PJ Holm, Parks and Recreation Director
Randy Fife, City Attorney
Kathy Hampton, City Clerk
Mayor Casper called the meeting to order at 3:02 p.m.
It was moved by Council President Dingman, seconded by Councilor Freeman to modify the second item (on the
agenda), Discussion: Resolution regarding Employee Bonus Program and to modify the agenda to read action item
Resolution regarding Employee Bonus Program with the good faith reason that Council had directed Mayor and
staff to make this an action so Council could implement the decision at the next/earliest convenience of staff so
that employees could benefit for the next/earliest payroll possible. The action item was accidentally left off (the
agenda). The motion carried by the following vote: Aye – Councilors Burtenshaw, Francis, Freeman, Hally, Radford,
Dingman. Nay – none.
Liaison Reports and Councilmember Concerns:
Council President Dingman stated the Idaho Falls Regional Airport (IDA) parking is maxed out, noting customers are
parking wherever they can. She noted overflow parking exists on International Way, and information regarding the
overflow parking will be distributed in multiple methods. She also noted the overflow parking is free although it is
not as convenient.
Councilor Hally had no items to report.
Councilor Burtenshaw stated the Parks and Recreation (P&R) Commission recently took a tour of Sandy Downs and
Heritage Park. She noted Heritage Park is progressing.
Councilor Francis stated the P&R Department recently held a ribbon cutting at the Happyville Farm, noting this will
be a year-round farm. He also stated, per the Idaho Falls Police Department (IFPD), the IFPD did not receive the
Community Oriented Policing Services (COPS) grant, the IFPD intends to reapply for this grant in the next round of
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December 6, 2021 Work Session
applications; Shop With a Cop will begin December 7; La Caliente has been doing an IFPD segment, the Public
Information Officers (PIOs) are hoping to expand La Caliente with city departments and councilmembers; and Chief
Johnson has reorganized the Use of Force Committee to have three (3) permanent citizens on this committee. Per
Mayor Casper, Chief Johnson believes the Use of Force Committee will be changed to the Response and Resistance
Committee. Councilor Francis stated the Library Board is in the process of discussion regarding the county contract
for renewal. He believes it’s inappropriate for him to attend these discussions.
Councilor Freeman stated, as a reminder, that two (2) inches of snow will begin a snow event. He recommended all
individuals review the parking requirements.
Councilor Radford stated the Idaho Falls Power (IFP) survey has been completed which will be distributed as a
doodle poll. He also stated the Utah Associated Municipal Power Systems (UAMPS) annual member meeting will be
forthcoming including a facility tour.
Calendars, Announcements, and Reports:
December 13, meeting with the Bonneville County Commissioners; and City Council Work Session
December 20, City-wide employee holiday celebration
2022 Calendar, Training, and Liaison Assignments:
Mayor Casper distributed 2022 calendars for City Council Work Sessions, City Council Meetings, IFP Board Meetings,
miscellaneous City Council travel and xonference dates, Bonneville Metropolitan Planning Organization (BMPO)
Meetings, and 2022 Holidays including the addition of Juneteenth. She also distributed a survey regarding liaison
assignments and service committees within the city. Mayor Casper stated the Eastern Idaho Water Rights Coalition
(EIWRC) will be hosting Congressman Mike Simpson on December 14.
Overview: Legislative Issues Impacting Cities:
Mayor Casper distributed the Association of Idaho Cities (AIC) Legislative Summit agenda as well as the Idaho
Falls/Ammon Legislative Breakfast agenda. Per Mayor Casper, Chief Nelson stated Medicaid/Medicare
reimbursement discussion is not new, this has been previously discussed. She provided a brief update regarding
Peace Officer Standards and Training (POST) funding (possibly using liquor sales revenue), Cybersecurity Records
Exemption (allowing this as an Executive Session), Legal Notices (moving to on-line posting and using a specific
website for legal notices), Cell Phone Parental Controls (would have to opt in to the filter of all manufacturers of
phones and tablets, legal challenges are anticipated), candidate filing (does not apply to Idaho Falls), Fund Balance
Restrictions (there are many reasons to have money in savings, hoping this bill does not progress), Monthly State
Shared Revenue Payments (moving from quarterly), Highway District Impact Fees (does not apply to Idaho Falls),
Supplemental Levies and Dynamic Property Taxes (this can be difficult on small cities, large portion of supplemental
levies going to school districts), and House Bill 389 (starting to see more creative solutions, including the possibility
of using sales tax). Mayor Casper stated she will distribute Chamber of Commerce documents as they are finalized.
Discussion: Resolution regarding Employee Bonus Program:
Mayor Casper reminded the Council there are approximately $778,000 savings from changing health care providers
(from Blue Cross of Idaho to PacificSource). She provided a brief recap from previous discussions occurring at the
September 20 and November 22 City Council Work Sessions. Council President Dingman stated she requested one-
time disbursement amounts and on-going wage increase information from staff realizing there are complications
to the collective bargaining units. Councilor Hally believes there should be some action taken in favor of the
employees. He also believes a decision may need to be made after the salary survey is completed. Director Tew
indicated the survey may not occur until April 2022 as Human Resources (HR) is awaiting Council’s decision. Council
President Dingman stated a $1,000 payment disbursement would amount to approximately $629,000, the
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December 6, 2021 Work Session
additional $150,000 could be allocated into savings for potentially expected future insurance costs. Councilor Hally
believes the insurance increase may be higher than anticipated. Director Alexander confirmed the cap amount in
year 2 (with PacificSource) would be approximately $16,000. Referencing the salary survey, Director Tew is unsure
how the city will compare to the city government market, he believes it’s speculation at this point. Mr. Hagedorn
noted the private market does has an influence on the city government market. He believes there is a cascading
effect. Mayor Casper stated it appears inflation could have an effect on compensation although it can be difficult
per data. Chief Nelson believes negotiations would have to occur with a one-one bonus, however, he does not
believe there is any risk involved with re-opening the negotiations. Director Prairie indicated IFP mirrors city policies
regarding benefits. He believes a one-time bonus would only require an acceptance or rejection and would not
require contract opening. Mayor Casper stated one-time would be a bonus, an on-going salary adjustment would
exclude unions. Director Prairie stated he is unsure how to include a salary adjustment into the compensation policy
per IFP’s current compensation study with other power utilities. He also stated he is unsure of the union contract.
He noted wages are adjusted in April-May with the union. He believes the union personnel may feel they were not
treated fairly. Chief Nelson believes there is a risk of opening the contract for negotiations with a % increase. He
also believes excluding the union may be a more difficult discussion. Councilor Freeman believes the intent is to
reward all employees. It was then moved by Council President Dingman, seconded by Councilor Radford, to
distribute a $900 one-time payment for all full-time city employees with an approximate cost of $780,000. Brief
discussion followed regarding the cut-off date. Council President Dingman amended the motion to include the
soonest pay period to be executed December 10 for all effective employees as of November 21, 2021 with prorated
payments to part-time employees. Councilor Radford confirmed his second on the motion. The motion carried by
the following vote: Aye – Councilors Burtenshaw, Dingman, Radford, Freeman, Francis. Nay – Councilor Hally.
Discussion: Idaho Falls Police Department Personnel Manual--adoption of new Fair Labor Standards Act (FLSA)-
approved work cycle for Sworn Officers:
Chief Johnson reviewed the following:
Current Patrol Schedule –
• 10-hour shifts
• Three (3) teams per day (day, swing, night)
• Overlay day for training
Chief Johnson stated this training schedule creates staffing capacity and other problems.
Proposed Patrol Schedule –
• 12.5 hour shift base schedule
• Three (3) teams per day
• Three (3) days on, four (4) days off most weeks
• 10-hour day every 28 days (not part of the patrol staffing)
• Training accomplished on 10-hour workday
Chief Johnson stated several officers came up with this schedule.
Fast Facts –
• One (1) payroll period will work 75-hour base schedule
• Second payroll period will work 85-hour base schedule
• Paid for 80 hours both payroll periods
Benefits –
• Better utilization of available staffing
• More days off for patrol officers
• Better training schedule
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December 6, 2021 Work Session
• Potential for reduced overtime (current schedule requires regular backfill due to training)
Chief Johnson reviewed change of language for VI. Hours of Service and Overtime: 1. Fair Labor Standards Act (FLSA)
Work Periods a., b., and c.; 2. Changes in regular workdays off; and 3. Changes in Scheduled Hours. Chief Johnson
stated this was thoroughly discussed in the Patrol Bureau, not within the entire department. He noted there was
not an overwhelming opposition to this schedule. Councilor Burtenshaw questioned the implications of an officer
requiring time off. Chief Johnson stated the number of officers fluctuates, he does not believe the implications
would change. Councilor Freeman stated there is a 30-day comment period, any requested changes are not
immediate. Chief Johnson stated this is time sensitive due to shift bids, the current schedule will be extended due
to the required 30-day comment period.
Chief Johnson stated additional amendments refer to overtime for initial training for officers and dispatch
personnel. Trainees would not receive guaranteed overtime, this would not change for trainers. Chief Johnson
noted this would not affect current IFPD employees as there are no employees currently in the training program.
Per Mayor Casper, Director Tew and Mr. Fife confirmed no objection from the Council would begin the 30-day
comment period.
License Appeal Hearing and Council Deliberation:
Mayor Casper stated Jennifer Vega is appealing a decision made by Capt. Galbreaith regarding her Child Care
Worker application. Mayor Casper opened the appeal hearing and ordered all items presented be included in the
hearing. She reminded the Council that any decision should be based on understanding of the law and the facts.
She requested Capt. Galbreaith’s presentation. Capt. Galbreaith stated Ms. Vega’s background investigation was
received on November 9, 2021 for her Child Care Worker Certificate (CCWC). He also stated the results indicated
Ms. Vega had a 2018 arrest for possession of controlled substance and possession of drug paraphernalia with intent
to deliver, both of these charges are misdemeanors that fall within the 5-year rule (of City Code). He indicated the
date of arrest was May 4, 2018, and Ms. Vega pled guilty on October 16, 2018. Capt. Galbreaith quoted City Code
6-3-8. Per Councilor Hally, Capt. Galbreaith described the marijuana paraphernalia. Brief discussion followed
regarding the re-write of City Code Title 6, Chapter 3. Mr. Fife reminded the Council to review the facts and the
statute of City Code. Mayor Casper requested Ms. Vega’s presentation. Ms. Vega understands that she was caught,
however, she indicated she was a dumb teenager, she has changed her life for the better, and she is now clean. She
stated she loves taking care of kids and has good experience with this and wants to continue doing so. Councilor
Francis questioned the application. Ms. Vega stated the judge indicated this would not be on her record if she
completed the sentencing requirements. Per Councilor Francis, Capt. Galbreaith confirmed she was 15 years old at
the time of the incident. Brief discussion followed regarding juvenile records. Mr. Fife stated the applicant is giving
authority to perform the background check. Mayor Casper closed the hearing. Councilor Freeman stated these are
difficult decisions, however, the ordinance is in place for a 5-year period and cannot be legally overturned. Councilor
Radford believes marijuana should have been exempted from the amended ordinance. Additional discussion
followed regarding judges stating an offense would be removed from a record. Councilor Hally stated the Council
should be dealing with the facts even if it seems harsh. It was then moved by Councilor Francis, seconded by Council
President Dingman, to deny the appeal. The motion carried by the following vote: Aye – Councilors Hally, Francis,
Dingman, Burtenshaw, Freeman. Nay – Councilor Radford. Mayor Casper indicated Ms. Vega would be eligible to
re-apply for this license in approximately 22 months.
Report: War Bonnet Round Up Rodeo 2021:
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December 6, 2021 Work Session
Director Holm stated the community came out in large numbers for the rodeo. He expressed his appreciation to
the numerous volunteers noting many of these individuals volunteer year-round. He also expressed his appreciation
to the Mayor and the City Council for their participation.
Director Holm reviewed the following:
War Bonnet by the Numbers –
• Number of spectators = 12,855
• Total revenue = $370,474 (Sponsorships-$150,000 in cash, $63,242 in-kind; $188,103 in admissions; and
$32,371 in concessions)
• Total expenses = $346,594
• Net profit = $23,880 (not all of this amount was applied to FY2021)
Director Holm stated this amount does not include payroll for any city employees. He also stated work orders have
been tracked for the previous two (2) years, $52,000 was tracked onto this work order. He believes the rodeo should
be somewhat subsidized, as compared to the zoo and the Aquatic Center, due to what is offered to the community.
He also believes this is a great investment for the community.
2021 Accolades –
• Inducted into the Idaho Rodeo Hall of Fame (this association began in 2015)
• Finalist (#2) for Rodeo of the Year in the Wilderness Circuit (all rodeos in Nevada, Utah, and Idaho)
• 3rd place in the Justin Boot Footing Award (voted on by all professional barrel racers in the Women's
Professional Rodeo Association (WPRA))
• Nominee for the Best Medium Size Rodeo in the Professional Rodeo Cowboys Association (PRCA)
2021 Spotlights included several facility updates (arena panels, construction of general store, indoor stucco,
additional aluminum seating), fiber installed to the grandstand by IFP which allows free WIFI (sponsorship from
Idaho Falls Fiber), Korkow Rodeo (the stock contractor) recently won 2021 Saddlebronc Horse of the Year (this bronc
was also at the War Bonnet), Governor Brad Little’s attendance, Rick Staten as Volunteer of the Year, and the
successful Family Kickoff Event (more than 2,000 attendees).
Discussion followed regarding movement of the stock gates opening and the partnership with the Sho-Ban tribe.
Director Holm believes the rodeo will continue to see growth and sponsorship and he is hopeful to bring some
events back to the rodeo.
Discussion: Ordinance amending Title 4, Chapter 6:
Mr. Fife stated per discussion at the November 22 City Council Work Session, he was directed to amend City Code
referring to Private Patrol Services. He explained proposed changes to the ordinance including prohibitions for
specific crimes (these prohibitions were taken from Public Transportation), US citizen requirement was removed,
and the age requirement was reduced from 21 to 18. Discussion followed regarding specific crimes referencing
Idaho Code being identified, crimes being prosecuted by Idaho Code, ‘mayhem’, licenses being as restrictive as the
State, the need for this license, and industry standards. Mr. Kirkham believes the risk should be limited per any
interaction with the public. Mr. Fife believes the crimes should be clear. He also believes the city should and
shouldn’t license where needed although any licensing and exemptions should be rationale. Additional discussion
included crimes against nature, the State not requiring this license, and individual company’s requirements. Capt.
Galbreaith stated these companies have been used by the city for a variety of reasons. Following additional
comments, Council President Dingman recommended this item be removed from the December 9 City Council
Meeting agenda to allow additional discussion by Council and staff.
Review of Committee Report and Discussion: Connecting Us, Sustaining Progress (CUSP):
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December 6, 2021 Work Session
Councilor Hally stated he was assigned the Healthcare and Public Health Committee report due to his previous
employment experience. He expressed his appreciation to the numerous volunteers that served on the CUSP
committees. He also expressed his appreciation to the city supervisors and employees that cooperated with the
CUSP committee members for gathering accurate data, understanding the operation of the city, and making
recommendations with data. He noted the CUSP issues a report to inform planning policies that can strengthen the
city’s economy; promote equity and inclusion; to make Idaho Falls a unique place to live, work, and play; and have
quality jobs. Councilor Hally believes quality jobs are important, are one of the cornerstones of the foundation as a
good place to live, and they represent why Idaho Falls has been recognized nationally as a city to live in. He noted
CUSP was approved by the City Council that demonstrates a transparency and an inclusion of input from citizens
for decision-making. Councilor Hally believes there are many experts that served on CUSP. He indicated the
Coronavirus (COVID-19) crisis limited CUSP realizing that COVID is part of the health issue. Councilor Hally provided
a history of the Spanish Flu, and the Social Security Act implemented in 1936 which had a huge impact on public
health, established unions, helped job programs, provided aid to dependent children, and created services such as
grants for crippled children, licensed foster care, the Division of Vocational Rehabilitation, unemployment
compensation, public health appropriation (disease and sanitation), and aid to the blind. Councilor Hally also
provided a history of the Medicare/Medicaid Act signed in 1969 by Lyndon Johnson due to the war on poverty
noting mental health and learning disabilities were not originally recognized. Councilor Hally believes one of the
most disabling conditions was the loss of lives due to fevers and malaria, which resulted in the discovery of quinine
from the bark of trees. He indicated other negative health impacts are sugar (which can lead to epidemic
proportions of obesity), poverty, and mental health (which can lead to unintended consequences). Council
President Dingman noted there are several recommendations that the city is currently working on. Brief general
comments followed including sewer and water fluorination, free medical clinics, radon, Virtuvian Planning, a safety
officer, citizen participation, needs versus revenues, and resources included on the city website.
There being no further business, the meeting adjourned at 6:28 p.m.
s/ Kathy Hampton s/ Rebecca L. Noah Casper
Kathy Hampton, City Clerk Rebecca L. Noah Casper, Mayor
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Agenda
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Legal - City Code, Title 4, Chapter 6
ORDINANCE NO.
AN ORDINANCE OF THE CITY OF IDAHO FALLS, IDAHO, A MUNICIPAL
CORPORATION OF THE STATE OF IDAHO; AMENDING TITLE 4, CHAPTER
6 TO CLARIFY CONDITIONS FOR ISSUANCE OF A PRIVATE PATROL
SERVICES LICENSE; PROVIDING SEVERABILITY, CODIFICATION,
PUBLICATION BY SUMMARY, AND ESTABLISHING EFFECTIVE DATE.
WHEREAS, the City currently licenses companies and individuals who provide private patrol
services within City limits; and
WHEREAS, conditions and disqualifications for licensing are set out in Title 4, Chapter 6; and
WHEREAS, recently the Council has reviewed the current conditions and qualifications and has
determined that there are clarifications and improvements that should be made; and
WHEREAS, the Council has determined that a licensee should be at least eighteen (18) years of
age due to the maturity and reasonable decision making required to carry out the activities
permitted by the private patrol license, and because the minimum age requirement promotes the
health, safety, and welfare of the general public; and
WHEREAS, the Ordinance sets out City private patrol services license conditions in a thorough
and clear manner so that applicants, licensees, and members of the public understand them.
NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE
CITY OF IDAHO FALLS, IDAHO, THAT:
SECTION 1: Title 4, Chapter 6 of the City Code of the City of Idaho Falls, Idaho, is hereby
immediately amended as follows:
…
4-6-5: QUALIFICATIONS, PRIVATE PATROL PERSON: No person shall be issued a
license as a private Patrol Person who:
(A) Is not at least twenty-one (21)eighteen (18) years of age.
(B) Is not a citizen of the United States. Where the applicant or licensee has:
1. Been found guilty of, plead guilty to, received a withheld judgment, or admitted to
the elements of any of the following enumerated crimes, or admitted that sufficient
evidence exists which could be likely to convince a judge or jury to find the applicant or
licensee to be guilty beyond a reasonable doubt, or any substantially similar provision of
foreign criminal violation, notwithstanding the form of judgment(s):
ORDINANCE – TITLE 4 CHAPTER 6 PRIVATE PATROL 12.1.21 Page 1 of 12
a. Felony injury of a child, Section 18-1501, Idaho Code.
b. The sexual abuse of a child under sixteen years of age, Section 18-1506, Idaho
Code.
c. The ritualized abuse of a child under eighteen years of age, Section 18-1506A,
Idaho Code.
d. The sexual exploitation of a child, Section 18-1507 or 18-1507A, Idaho Code.
e. Lewd conduct with a child under the age of sixteen years, Section 18-1508, Idaho
Code.
f. The sale or barter of a child for adoption or other purposes, Section 18-1511,
Idaho Code.
g. Murder in any degree, Section 18-4001 or 18-4003, Idaho Code.
h. Assault with intent to murder, Section 18-4015, Idaho Code.
i. Voluntary manslaughter, Section 18-4006, Idaho Code.
j. Rape, Section 18-6101 or 18-6108, Idaho Code.
k. Incest, Section 18-6602, Idaho Code.
l. Forcible sexual penetration by use of foreign object, Section 18-6608, Idaho
Code.
m. Abuse, neglect or exploitation of a vulnerable adult, Section 18-1505, Idaho
Code.
n. Aggravated, first degree, second degree and third-degree arson, Sections 18-801
through 18-805, Idaho Code.
o. Crimes against nature, Section 18-6605, Idaho Code.
p. Kidnapping, Sections 18-4501 through 18-4503, Idaho Code.
q. Mayhem, Section 18-5001, Idaho Code.
r. Poisoning, Section 18-4014 or 18-5501, Idaho Code.
s. Robbery, Section 18-6501, Idaho Code.
t. Stalking in the first degree, Section 18-7905, Idaho Code.
u. Video voyeurism, Section 18-6609, Idaho Code.
ORDINANCE – TITLE 4 CHAPTER 6 PRIVATE PATROL 12.1.21 Page 2 of 12
v. Enticing of children, Section 18-1509 or 18-1509A, Idaho Code.
w. Inducing individuals under eighteen years of age into prostitution, Section 18-
5609, Idaho Code.
x. Inducing a person under eighteen years of age to patronize a prostitute, Section
18-5611, Idaho Code.
y. Any felony punishable by death or life imprisonment.
z. Attempt, Section 18-306, Idaho Code, conspiracy, Section 18-1701, Idaho Code,
or accessory after the fact, Section 18-205, Idaho Code, to commit any of the crimes
designated in this subsection.
2. Been classified as a voluntary patient or involuntary patient pursuant to Chapter 3,
Title 66, Idaho Code, or similar provision in another jurisdiction, unless:
a. Such person has been released from, and is no longer under, any form of
treatment in relation to such classification, and
b. Such person has been examined by at least one (1) professional licensed to
evaluate mental health and such professional certifies that the person is no longer
mentally ill and presents no threat or danger to any child. Such examination shall not
be at City expense.
(C) Has been convicted of a felony or of any crime or offense involving violence or moral
turpitude, or of any offense concerning the sale or transportation of intoxicating or alcoholic
liquor.Where the applicant or licensee has:
1. Been found guilty of, plead guilty to, or received a withheld judgment, or admitted
to the elements of any of the following enumerated crimes, or any substantially similar
provision of foreign criminal violation, notwithstanding the form of judgment(s) for any
offense involving neglect or any physical injury to, or other abuse of a child, or any of
the following offenses or a similar provision in another jurisdiction, for a period of five
(5) years immediately preceding the date of application for license or renewal:
a. Aggravated assault, Section 18-905, Idaho Code.
b. Aggravated battery, Section 18-907(1), Idaho Code.
c. Burglary, Section 18-1401, Idaho Code.
d. Felony theft, Sections 18-2403 and 18-2407(1), Idaho Code.
e. Forgery of a financial transaction card, Section 18-3123, Idaho Code.
f. Fraudulent use of a financial transaction card or number, Section 18-3124, Idaho
Code.
ORDINANCE – TITLE 4 CHAPTER 6 PRIVATE PATROL 12.1.21 Page 3 of 12
g. Forgery or counterfeiting, Chapter 36, Title 18, Idaho Code.
h. Misappropriation of personal identifying information, Section 18-3126, Idaho
Code.
i. Insurance fraud, Section 41-293, Idaho Code.
j. Damage to or destruction of insured property, Section 41-294, Idaho Code.
k. Public assistance fraud, Section 56-227, Idaho Code.
l. Provider fraud, Section 56-227A, Idaho Code.
m. Attempted strangulation, Section 18-923, Idaho Code.
n. Misdemeanor injury to a child, Section 18-1501(2), Idaho Code.
o. Felony domestic violence, Section 18-918, Idaho Code.
p. Any violation (felony or misdemeanor) of the Uniform Controlled Substances
Act, Chapter 27, Title 37, Idaho Code.
q. Grand theft, section 18-2407(1), Idaho Code.
r. Disseminating obscene material to minors, as defined in Sections 18-1513
through 18-1515, Idaho Code.
s. Arson, as defined in Sections 18-801 through 18-804, Idaho Code.
t. Transporting a minor in a motor vehicle while under the influence, Section 18-
1501(3), Idaho Code.
u. Driving without privileges, Section 18-8001, Idaho Code.
v. Driving under the influence of alcohol, drugs, or other intoxicating substances,
Section 18-8004, Idaho Code.
w. Persons under twenty-one (21) years of age with at least point zero two (0.02)
but less than point zero eight (0.08) alcohol concentration, Section 18-8004A, Idaho
Code.
x. Driving under the influence with excessive alcohol concentration, Section 18-
8004C, Idaho Code.
y. Any person who pleads guilty to or is found guilty of a violation of the provisions
ORDINANCE – TITLE 4 CHAPTER 6 PRIVATE PATROL 12.1.21 Page 4 of 12
of Section 18-8004(1)(a), Section 18-8005, Idaho Code.
z. Aggravated driving while under the influence of alcohol, drugs, or any other
intoxicating substances, Section 18-8006, Idaho Code.
aa. Leaving scene of accident resulting in injury or death, Section 18-8007, Idaho
Code.
bb. Reckless driving, Section 49-1401(1), Idaho Code.
cc. Any person who is eighteen (18) years of age or older who sells, gives, or
furnishes, or causes to be sold, given, or furnished, alcoholic beverages, including
any distilled spirits, beer or wine, to a person under the age of twenty-one (21) years,
Section 23-603, Idaho Code.
dd. Misdemeanor theft as defined in Title 18, Chapter 24 of the Idaho Code.
ee. Any felony as defined by Idaho Code, Sections 18-111 and 18-111A, other than
those listed in Subsection A.1. hereinabove.
ff. Any crime of physical violence against persons, other than those listed in Section
A.1. hereinabove.
gg. Attempt, Section 18-306, Idaho Code, conspiracy, Section 18-1701, Idaho Code,
or accessory after the fact, Section 18-205, Idaho Code, to commit any of the crimes
designated in this subsection.
(D) Has supplied false or misleading information, failed or refused to provide or to disclose
information required on the application form or by this Chapter, failed to disclose a suspension
or revocation of a driver’s license, or refused to authorize the investigation required herein.
No such applicant or licensee shall be able to apply to receive a license under this Chapter for
a period of less than six (6) months following the date of the denial or revocation of the license
under this Subsection or for a period of six (6) months following the date that the Clerk became
aware of disqualifying information, whichever is later in time.
(E) Has violated any of the provisions of this Chapter during licensure. Violation of any
provision of this Chapter during licensure, shall result in immediate and automatic revocation
of the license. Such revocation of the license shall be effective as of the date of such violation.
No such person shall be qualified to apply to receive a license under this Chapter for a period
of less than six (6) months following the date of the revocation of the license under this
Subsection or for a period of six (6) months following the date the Clerk became aware of
such information, whichever is later in time, unless otherwise provided in this Chapter.
(F) Where an applicant or licensee does not meet the conditions of licensure in this Chapter.
…
4-6-7: QUALIFICATIONS, PRIVATE PATROL SERVICE: A private patrol service license
ORDINANCE – TITLE 4 CHAPTER 6 PRIVATE PATROL 12.1.21 Page 5 of 12
shall not be issued to any individual, firm, partnership or corporation under any of the following
conditions:
(A) If the individual, any member of the firm or partnership, or any officer of the corporation
is less than twenty-one (21)eighteen (18) years of age.
(B) If the individual, any member of the firm or partnership or any officer of
the corporation is not citizen of the United States.Where the applicant or licensee has:
1. Been found guilty of, plead guilty to, received a withheld judgment, or admitted to
the elements of any of the following enumerated crimes, or admitted that sufficient
evidence exists which could be likely to convince a judge or jury to find the applicant or
licensee to be guilty beyond a reasonable doubt, or any substantially similar provision of
foreign criminal violation, notwithstanding the form of judgment(s):
a. Felony injury of a child, Section 18-1501, Idaho Code.
b. The sexual abuse of a child under sixteen years of age, Section 18-1506, Idaho
Code.
c. The ritualized abuse of a child under eighteen years of age, Section 18-1506A,
Idaho Code.
d. The sexual exploitation of a child, Section 18-1507 or 18-1507A, Idaho Code.
e. Lewd conduct with a child under the age of sixteen years, Section 18-1508, Idaho
Code.
f. The sale or barter of a child for adoption or other purposes, Section 18-1511,
Idaho Code.
g. Murder in any degree, Section 18-4001 or 18-4003, Idaho Code.
h. Assault with intent to murder, Section 18-4015, Idaho Code.
i. Voluntary manslaughter, Section 18-4006, Idaho Code.
j. Rape, Section 18-6101 or 18-6108, Idaho Code.
k. Incest, Section 18-6602, Idaho Code.
l. Forcible sexual penetration by use of foreign object, Section 18-6608, Idaho
Code.
m. Abuse, neglect or exploitation of a vulnerable adult, Section 18-1505, Idaho
Code.
ORDINANCE – TITLE 4 CHAPTER 6 PRIVATE PATROL 12.1.21 Page 6 of 12
n. Aggravated, first degree, second degree and third-degree arson, Sections 18-801
through 18-805, Idaho Code.
o. Crimes against nature, Section 18-6605, Idaho Code.
p. Kidnapping, Sections 18-4501 through 18-4503, Idaho Code.
q. Mayhem, Section 18-5001, Idaho Code.
r. Poisoning, Section 18-4014 or 18-5501, Idaho Code.
s. Robbery, Section 18-6501, Idaho Code.
t. Stalking in the first degree, Section 18-7905, Idaho Code.
u. Video voyeurism, Section 18-6609, Idaho Code.
v. Enticing of children, Section 18-1509 or 18-1509A, Idaho Code.
w. Inducing individuals under eighteen years of age into prostitution, Section 18-
5609, Idaho Code.
x. Inducing a person under eighteen years of age to patronize a prostitute, Section
18-5611, Idaho Code.
y. Any felony punishable by death or life imprisonment.
z. Attempt, Section 18-306, Idaho Code, conspiracy, Section 18-1701, Idaho Code,
or accessory after the fact, Section 18-205, Idaho Code, to commit any of the crimes
designated in this subsection.
2. Been classified as a voluntary patient or involuntary patient pursuant to Chapter 3,
Title 66, Idaho Code, or similar provision in another jurisdiction, unless:
a. Such person has been released from, and is no longer under, any form of
treatment in relation to such classification, and
b. Such person has been examined by at least one (1) professional licensed to
evaluate mental health and such professional certifies that the person is no longer
mentally ill and presents no threat or danger to any child. Such examination shall not
be at City expense.
(C) If the individual, any member of the firm or partnership or any officer of the corporation
has been convicted of a felony or of any crime or offense involving violence or moral turpitude,
or of any offense concerning the sale or transportation of intoxicating or alcoholic
liquor.Where the applicant or licensee has:
ORDINANCE – TITLE 4 CHAPTER 6 PRIVATE PATROL 12.1.21 Page 7 of 12
1. Been found guilty of, plead guilty to, or received a withheld judgment, or admitted
to the elements of any of the following enumerated crimes, or any substantially similar
provision of foreign criminal violation, notwithstanding the form of judgment(s) for any
offense involving neglect or any physical injury to, or other abuse of a child, or any of
the following offenses or a similar provision in another jurisdiction, for a period of five
(5) years immediately preceding the date of application for license or renewal:
a. Aggravated assault, Section 18-905, Idaho Code.
b. Aggravated battery, Section 18-907(1), Idaho Code.
c. Burglary, Section 18-1401, Idaho Code.
d. Felony theft, Sections 18-2403 and 18-2407(1), Idaho Code.
e. Forgery of a financial transaction card, Section 18-3123, Idaho Code.
f. Fraudulent use of a financial transaction card or number, Section 18-3124, Idaho
Code.
g. Forgery or counterfeiting, Chapter 36, Title 18, Idaho Code.
h. Misappropriation of personal identifying information, Section 18-3126, Idaho
Code.
i. Insurance fraud, Section 41-293, Idaho Code.
j. Damage to or destruction of insured property, Section 41-294, Idaho Code.
k. Public assistance fraud, Section 56-227, Idaho Code.
l. Provider fraud, Section 56-227A, Idaho Code.
m. Attempted strangulation, Section 18-923, Idaho Code.
n. Misdemeanor injury to a child, Section 18-1501(2), Idaho Code.
o. Felony domestic violence, Section 18-918, Idaho Code.
p. Any violation (felony or misdemeanor) of the Uniform Controlled Substances
Act, Chapter 27, Title 37, Idaho Code.
q. Grand theft, section 18-2407(1), Idaho Code.
r. Disseminating obscene material to minors, as defined in Sections 18-1513
ORDINANCE – TITLE 4 CHAPTER 6 PRIVATE PATROL 12.1.21 Page 8 of 12
through 18-1515, Idaho Code.
s. Arson, as defined in Sections 18-801 through 18-804, Idaho Code.
t. Transporting a minor in a motor vehicle while under the influence, Section 18-
1501(3), Idaho Code.
u. Driving without privileges, Section 18-8001, Idaho Code.
v. Driving under the influence of alcohol, drugs, or other intoxicating substances,
Section 18-8004, Idaho Code.
w. Persons under twenty-one (21) years of age with at least point zero two (0.02)
but less than point zero eight (0.08) alcohol concentration, Section 18-8004A, Idaho
Code.
x. Driving under the influence with excessive alcohol concentration, Section 18-
8004C, Idaho Code.
y. Any person who pleads guilty to or is found guilty of a violation of the provisions
of Section 18-8004(1)(a), Section 18-8005, Idaho Code.
z. Aggravated driving while under the influence of alcohol, drugs, or any other
intoxicating substances, Section 18-8006, Idaho Code.
aa. Leaving scene of accident resulting in injury or death, Section 18-8007, Idaho
Code.
bb. Reckless driving, Section 49-1401(1), Idaho Code.
cc. Any person who is eighteen (18) years of age or older who sells, gives, or
furnishes, or causes to be sold, given, or furnished, alcoholic beverages, including
any distilled spirits, beer or wine, to a person under the age of twenty-one (21) years,
Section 23-603, Idaho Code.
dd. Misdemeanor theft as defined in Title 18, Chapter 24 of the Idaho Code.
ee. Any felony as defined by Idaho Code, Sections 18-111 and 18-111A, other than
those listed in Subsection A.1. hereinabove.
ff. Any crime of physical violence against persons, other than those listed in Section
A.1. hereinabove.
gg. Attempt, Section 18-306, Idaho Code, conspiracy, Section 18-1701, Idaho Code,
or accessory after the fact, Section 18-205, Idaho Code, to commit any of the crimes
designated in this subsection.
ORDINANCE – TITLE 4 CHAPTER 6 PRIVATE PATROL 12.1.21 Page 9 of 12
(D) Has supplied false or misleading information, failed or refused to provide or to disclose
information required on the application form or by this Chapter, failed to disclose a suspension
or revocation of a driver’s license, or refused to authorize the investigation required herein.
No such applicant or licensee shall be able to apply to receive a license under this Chapter for
a period of less than six (6) months following the date of the denial or revocation of the license
under this Subsection or for a period of six (6) months following the date that the Clerk became
aware of disqualifying information, whichever is later in time.
(E) Has violated any of the provisions of this Chapter during licensure. Violation of any
provision of this Chapter during licensure, shall result in immediate and automatic revocation
of the license. Such revocation of the license shall be effective as of the date of such violation.
No such person shall be qualified to apply to receive a license under this Chapter for a period
of less than six (6) months following the date of the revocation of the license under this
Subsection or for a period of six (6) months following the date the Clerk became aware of
such information, whichever is later in time, unless otherwise provided in this Chapter.
(F) Where an applicant or licensee does not meet the conditions of licensure in this Chapter.
…
4-6-16: LICENSE; AUTHORITY: The issuance of any license under this Chapter shall not be
construed as granting any power of arrest other than that granted a private person under Idaho
Code and this Code. Nor shall the provisions of this Chapter be construed as authority to carry
weapons contrary to the Idaho Code.
4-6-17: GROUNDS FOR LICENSE REVOCATION: Any license issued under this Chapter may
be revoked by the City Council for any of the following reasons:
(A) Any violation of any provision of this Chapter.
(B) The conviction of the licensee in any court of any crime or offense involving violence or
moral turpitude.
(C) Obtaining the license under any false or fraudulent pretense or statement.
(D) The conviction of the licensee in any court of any felony or any offense involving or
concerning the sale or transportation of intoxicating or alcoholic liquor.
4-6-1817: AUTOMATIC REVOCATION OF LICENSE: Any license issued under this
Chapter shall be revoked immediately and without notice to the licensee upon the cancellation or
termination of the bond or insurance required by this Chapter unless the licensee posts a new
comparable bond or obtains comparable insurance and files a certificate of such insurance with the
Clerk prior to the date on which the original bond or insurance is canceled or terminated.
SECTION 2. 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
ORDINANCE – TITLE 4 CHAPTER 6 PRIVATE PATROL 12.1.21 Page 10 of 12
unconstitutionality shall not affect the validity or constitutionality of any other section, sentence,
clause, or phrase of this Ordinance.
SECTION 3. 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 4. 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.
SECTION 5. 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 ________________, 2021.
ATTEST: CITY OF IDAHO FALLS, IDAHO
______________________________ ____________________________________
KATHY HAMPTON, CITY CLERK REBECCA L. NOAH CASPER, Ph.D., MAYOR
(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, A
MUNICIPAL CORPORATION OF THE STATE OF IDAHO; AMENDING TITLE
4, CHAPTER 6 TO CLARIFY CONDITIONS FOR ISSUANCE OF A PRIVATE
PATROL SERVICES LICENSE; PROVIDING SEVERABILITY, CODIFICATION,
PUBLICATION BY SUMMARY, AND ESTABLISHING EFFECTIVE DATE.”
ORDINANCE – TITLE 4 CHAPTER 6 PRIVATE PATROL 12.1.21 Page 11 of 12
______________________________________
KATHY HAMPTON, CITY CLERK
(SEAL)
ORDINANCE – TITLE 4 CHAPTER 6 PRIVATE PATROL 12.1.21 Page 12 of 12
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