City Council

Name: City Council — Idaho Falls, ID
Start: 2022-03-07
End: 2022-03-07
Location: Idaho Falls, ID

Regular Meeting

Idaho Falls, ID · March 7, 2022

Minutes

March 7, 2022 Council Work Session The City Council of the City of Idaho Falls met in Council Work Session, Monday, March 7, 2022, in the Council Chambers in the City Annex Building located at 680 Park Avenue in Idaho Falls at 3:00 p.m. Call to Order and Roll Call There were present: Mayor Rebecca L. Noah Casper Council President Michelle Ziel-Dingman Councilor Thomas Hally Councilor Jim Freeman Councilor Jim Francis Councilor Lisa Burtenshaw Councilor John Radford (arrived at 3:38 p.m.) Also present: Pamela Alexander, Municipal Services Director PJ Holm, Parks and Recreation Director Chris Horsley, Parks and Recreation Superintendent Roxane Mitro, Alderson Karst and Mitro Architects Chris Fredericksen, Public Works Director Kade Marquez, Transit Coordinator Michael Kirkham, Assistant City Attorney Randy Fife, City Attorney Kathy Hampton, City Clerk Mayor Casper called the meeting to order at 3:07 p.m. with the following items: Acceptance and/or Receipt of Minutes: It was moved by Councilor Francis, seconded by Council President Dingman, that council receive the recommendations from the March 1, 2022 Planning and Zoning (P&Z) Commission meeting pursuant to the Local Land Use Planning Act (LLUPA). The motion carried with the following vote: Aye – Councilors Hally, Burtenshaw, Dingman, Freeman, Francis. Nay – none. Calendars, Announcements, Reports, and Updates: March 10, City Council Meeting March 11, City Club March 15, Idaho Falls Regional Airport (IDA) Board Meeting March 16, Bonneville Metropolitan Planning Organization (BMPO) March 21-25, Spring Break for School District #91 (Mayor Casper noted due to Spring Break, meetings* were moved to the following week to accommodate those who may be out of town) March 28, City Council Work Session* March 30, Idaho Falls Power (IFP) Board Meeting* March 31, City Council Meeting* Mayor Casper stated volunteers are being requested for clean-up of the Friendship Gardens. She also stated the election for the supplemental plant facility levy (for School District #91) will be on March 8, this will not affect current property taxes. She distributed two (2) handouts regarding Airports outlining misleading claims of the 1 March 7, 2022 Council Work Session Passenger Facility Charge (PFC), and 2022 Airport legislative priorities. She stated there will be an American Association of Airport Executives (AAAE) Board Training in April, indicating travel arrangements will need to be made ASAP. Council President Dingman believes this will be great training for the IDA Board Members. Liaison Reports and Councilmember Concerns: Councilor Hally stated per Public Works, water meters presentations have occurred for data and information processing. He also stated he is pleased the dispatch bill (regarding the Public Employees Retirement System of Idaho (PERSI) Rule of 80) passed overwhelmingly. He indicated if the asset of property is replaced with a 2% increase in sales tax, it appears the sales tax money goes to legislators to divvy anyway they want. Council President Dingman reiterated the IDA Board Meeting. She stated, per IDA, there will be a direct flight from Idaho Falls to Orange County, California beginning May 18, and Allegiant has introduced additional routes. She also stated, per the Idaho Falls Fire Department (IFFD), it was an extremely busy weekend with incidents. Councilor Francis reiterated the school levy election. He stated, per the Idaho Falls Police Department (IFPD), a gathering/conversation event will be held on March 22 regarding homelessness. Councilor Freeman stated he recently attended a Veterans Foreign Wars meeting per his liaison assignment, and he will attend an American Legion meeting in the near future. He noted, per the February 24 City Council Meeting, the city grew by 75 acres. Councilor Burtenshaw further explained the March 22 homelessness event which will address urgent needs-- stabilization and growth, police safety and support, and addiction resources and recovery. Municipal Services and Parks and Recreation/Update: Aquatic Center Dehumidification Project: Director Alexander expressed her appreciation to the Aquatic Center and Building Maintenance staffmembers for their work in the Aquatic Center during the closure. She recapped the following: Life Safety Concerns from 2020 Facility Assessment – • Humidity • Indoor Air Quality • Replacement of the dehumidification (dehyde) system • Upgrade of electrical bonding grid 2020 Facility Assessment Cost Estimate – Total = $1,018,160 (study estimated based on June 2020 opinion of probable costs) Revised Project Timeline (November 7, 2021 – End of May 2022) Director Alexander stated the end date has been changed from ‘by or before mid-April’ due to the requested Change Order in the amount of $36,227. Director Holm reviewed the Project Costs to Date including Consultant Cost Phase #2, the dehyde system, ducting removal and installation, automatic sliders, south ductwork, digital direct control, Consultant Project Management, Change Order #1, and pending Change Order #2. Total project cost to date = $1,219,741 Project Budget $1,159,000 ($1,018,000 original budget plus $141,000 savings from Heritage Park power poles authorized by Council on 10/12/2021) Revised Project Overage Estimated to Date $60,741 Director Alexander requested the amount of Change Order #2 be rounded to $70,000 to allow some leeway. She reviewed the summary of requested action which includes P&R proposal to fund the change order and overage to 2 March 7, 2022 Council Work Session the project by: $50,000 savings in tennis court repairs but cancelling the Tautphaus Park overlay and scheduling a full rebuild in 2023; and a $20,000 reduction to Operations and Maintenance (O&M) throughout the Parks budget. She confirmed the Recreation Fund has enough funding to cover the Change Order. Director Holm reminded the council that one (1) of the core values is data driven decision making. He stated $300,000 was approved as a line item for the replacement of the Skyline High School (SHS) tennis courts, which will be reimbursed 50% from School District #91. He indicated a total of $350,000 was placed in this line item as the O&M repairs typically cost $50,000. He also indicated Tautphaus Park was only scheduled as an overlay this year so two (2) tennis courts (Tautphaus Park and SHS) would not be out of service at the same time. However, the consultant recommended a rebuild or renovation of Tautphaus Park instead, therefore, the proposal is to move $50,000 to the dehyde project. Per Councilor Radford, Director Holm stated the tennis court at SHS will be a post- tension court. He explained how cables will be stretched underneath the concrete so the court can contract/move per the fluctuating temperatures. He believes this should extend the overall life of the tennis court. Per Mayor Casper, Director Holm stated this type of court is usually seen in colder weather. It was then moved by Councilor Radford, seconded by Councilor Hally, to approve a cash transfer from the General Fund to the Recreation Fund. The motion carried by the following vote: Aye – Councilors Francis, Dingman, Freeman, Hally, Radford, Burtenshaw. Nay – none. Public Works/Update: Greater Idaho Falls Transit (GIFT): Director Fredericksen introduced Mr. Marquez as the newly-hired Transit Coordinator for GIFT. He stated three (3) Request for Proposals (RFPs) have been received for a micro transit vendor. He also stated the recommendation from the committee is to move forward with a contract with Downtowner. Director Fredericksen reminded the council there is approximately $4.1M of direct federal funding, without match, to stand up these services, along with an additional $327,000 from the Idaho Transportation Department (ITD). He stated the next steps would include staff to negotiate the contract for future council approval. Councilor Radford believes this is an amazing program, however, he questioned the cost for a ride once the federal funding has been utilized and how that cost will be communicated. Council President Dingman stated this is a 4-year model with a roll-over of any remaining funds. She also stated this provider came under budget, and GIFT will be able to apply for additional funds, local match, sponsorship, and local contributions from other entities, etc. She believes GIFT is financially sound, although, she stressed the importance to communicate the pricing and to keep this affordable as possible, even in the short- term. Councilor Radford also questioned the use of electronic vehicles (EVs). Council President Dingman stated Downtowner was able to introduce EVs within a short timeframe. She believes EVs can be negotiated into a future contract. Mr. Marquez believes EVs are an advantage although there is currently an absence of this in the community. He noted significant savings for this program will be non-essential medical transport for emergency services. He also noted all vehicles will have wheelchair access, all drivers will be trained for door-to-door service, and there is the ability for reimbursement from various programs. Per Councilor Radford, Mr. Marquez stated these vehicles will be strictly within city limits. Per Councilor Francis, Mr. Marquez believes the demand may be higher than anticipated. Council President Dingman believes the seven (7) vehicles/14-hour day model is a mid-range launch. She also believes the final pricing model will determine usership. Director Fredericksen believes addendums may be needed per the demand and pricing. Councilor Freeman questioned if GIFT could take some demand from the IFFD. Council President Dingman believes this service could be marketed and promoted as a non-life threatening situation. General discussion followed regarding the services and availability, EVs, and the algorithm of services, including the estimated time of services. Mr. Marquez further introduced himself. Council President Dingman believes GIFT will be in good hands with Mr. Marquez. She expressed her appreciation to the Public Works staff. She indicated GIFT should be operational by the end of May. 3 March 7, 2022 Council Work Session Office of the Attorney, with other departments/Discussion: Noise Ordinance Introduction: Mr. Kirkham stated the city has not had a noise ordinance for decades. However, he indicated disruptive events have occurred which has been difficult for the IFPD to determine how to address, noting the most appropriate charge at this time is disturbing the peace. Mr. Kirkham stated discussion has been occurring with IFPD for some time regarding the right way to respond to noise complaints, including the type of the complaint. He indicated most incidents are occurring at night. He stated the proposed ordinance focuses on public nuisances, construction, loud music or parties, landscaping, and it will provide a tool for the IFPD. He also stated the proposed ordinance broadly regulates noise between the hours of 9:00 p.m. through 7:00 a.m., noting there are a few exceptions in the ordinance with a process described for these exceptions. Discussion followed regarding modifying the timeframe for seasonal, penalties, and timeline for adoption. Mr. Kirkham stated there is no urgency for adoption, additional discussion could occur as needed. Councilor Burtenshaw stated she has philosophical issues with this ordinance. She does not believe there will be significant enforcement as compared to the traffic ordinance. She believes there should be exemptions for construction. She also believes the disturbing the peace ordinance should be reviewed. Council President Dingman believes ordinances are put in place to create the type of community that we want, and lives in a way that respects other individuals. She believes the timeframe should be extended. She doesn’t believe ordinances should not be passed pending unknown enforcement from the IFPD. Per Councilor Freeman, Mr. Kirkham stated the penalty could be reduced from a misdemeanor to an infraction with a level of fines. Mayor Casper suggested the council submit any feedback to the City Attorney’s Office before April 4 with potential approval prior to summer activities. She believes the IFPD should have tools, however, she does not want to create undo pressure on the IFPD or create false expectations for the community. Councilor Francis stated, per the IFPD Chief, this ordinance should not be created to address the fireworks issue. Councilor Radford expressed his concern for the fireworks, he believes fireworks may need to be addressed outside of the noise ordinance. Councilor Freeman agreed. He stated the current rules for fireworks can’t be enforced as it’s difficult to respond to those calls. Councilor Hally believes ‘noise’ may be a judgement call. Per Councilor Freeman, Mr. Kirkham stated discussion for this ordinance has been occurring for approximately two (2) years, the timing of this discussion was not prompted by recent public comments. Legislative Update: Mayor Casper stated House (H) Bill HB618 (Idaho Falls standardizing to release victim information) will not proceed this year. She also stated the Association of Idaho Cities (AIC) will get involved if a Bill involves a city or if a Bill preempts. She briefly reviewed Senate (S) Bill S1261 (parental rights on smartphones), H0531 (monuments), H0550 (property tax rebate program), H0621 Public Records (cybersecurity), S1283 (Medicaid), H0635 (Annexations), H0636 (Accessory Dwelling Units), S1339 (Public Records submittal), S1342 (alcoholic beverages, liquor licenses), federal funding opportunities, H714 (increase sales tax and eliminate primary residence property tax; Mayor Casper believes H714 is a very complicated approach, she requested the council submit their comments to the legislators), and H735 (county indigent fund). There being no further business, the meeting adjourned at 4:52 p.m. s/ Kathy Hampton s/ Rebecca L. Noah Casper Kathy Hampton, City Clerk Rebecca L. Noah Casper, Mayor 4

Agenda

Honorable Mayor and Council Brad Cramer, Community Development Services Director March 2, 2022 March 1, 2022, Planning Commission Action Planning Commission took the following action during the March 1, 2022, meeting. 1. ANNX22-001: Annexation/Initial Zoning. 1.001 acres, NW ¼ of Section 16, Township 2 North, Range 38 East. Generally located north of Bentley Way, east of N Woodruff Ave., south of Lincoln Rd., west of N 25th E. On March 1, 2022, the Planning and Zoning Commission unanimously voted to recommend approval of the annexation and initial zoning of LC to the Mayor and City Council as presented. 2. RZON22-004: Amendment of the Comprehensive Zoning Ordinance Tables 11-2-1, 11-2-2 and 11-2-3, amending the uses allowed in residential, commercial, and industrial zones. On March 1, 2022, the Planning and Zoning Commission unanimously voted to recommend approval of the amendment as presented. RECOMMENDED COUNCIL ACTION: To receive recommendation(s) from the Planning and Zoning Commission pursuant to the Local Land Use Planning Act (LLUPA). PARKS & RECREATION SHADE TREE COMMITTEE MINUTES Tuesday, January 25, 2022 Web Ex Meeting 12:00 P.M. Members in Attendance: Matt Hill, Gerry Bates, Rich Potter, Jon Russell, Lee Washburn, Ronnie Campbell, Kim Johnson, Brian Stevens, Hollie Pettingill, Randy Westergard, John Radford, Sam Ellsworth, David Vest, and Terrie Safford Call To Order – Matt Hill Matt Hill called the meeting to order at 12:03 pm. CITY REPORT • New Shade Tree Committee members are David Vest and Sam Ellsworth. Reappointed Matt Hill and Kim Johnson. APPROVAL OF MINUTES • Kim Johnson moved to approve March, April, May, September, and October 2021 minutes and Gerry Bates seconded. All in favor. CURRENT CITY FORESTRY STATUS • Tree Safety Protection Plan - Lee Washburn is still working on the need for a tree protection plan when construction projects are being done on City of Idaho Falls property. He will send it out for review before the next few meetings and before it goes to council. Gerry said it is good to have one for every project we do because trees are being removed without the approval of the Shade Tree Committee. John Radford suggested we have an engineer from Public Works come to our meetings. He will talk to Chris about it and get back to us. Contractors need to comply with the Tree Protection Plan and if tree damage accrues there needs to be penalties for those actions. • Winter Work Plan - Horticulture and Forestry is doing tree trimming on Sunnyside, Poitevin Park, Riverwalk, and Tautphaus. Snow removal as needed and cuttings in the greenhouse for the topiaries to which the Ram and Doe topiaries are being redone this year. The ordering of plugs, seeds, plastics and chemicals are being placed. There were 3 trees hit on Riverside Parkway in the last couple of weeks, we have removed them. • Heritage Park Design and Tree Selection - It will be mostly native trees and shrubs and not a lot of turf like most parks, it will have a creek running through it. Lee would like the committee to help with the selection of the trees for the park. John Radford asked what trees are there now? Lee says there are invasive trees and plants like Russian Olive and seedlings from Elms that blew in and many will be removed. Heritage Park plans will be brought to a meeting with a list of trees and plants that Lee and Jon have been working on. Sam Ellsworth said he has started a list of native trees and plants he will bring. • Arbor Day 2022 – Would like to do a spring Arbor Day at Reinhart Park again this year because there are more trees that need to be removed and replaced. We set a tentative date for May 10th or 13th and Gerry Bates will be available at that time. We will start looking for a school to help with this. We will nail down all the details for the next meeting in February. Announcements/Adjournment • Gerry Bates announced that Jon Russell completed the ISA Arborist license. Congratulations Jon! • Kim Johnson motioned adjournment and Rich Potter seconded. All in favor. Next meeting will be February 22, 2022 Meeting recorded by Terrie Safford Idaho Falls Downtown Development Board Meeting held February 1, 2022 at 9:00am in the Arts Council conference room. Those in attendance: Jake Durtschi, Jill Hansen, Kevin Cutler, Brandi Newton, Tasha Taylor, Kasi Nelson, Antonio Meza, Chip Langerak, Shanon Taylor, Emily Fitzpatrick, Kevin Josephson, Steve Fischbach, Anas Almassrahy. Staff – Catherine Smith, Mala Lyon and Juan Hernandez guest - Katie Fitz – Post Register Minutes of the January 11, 2022 meeting reviewed Kevin Cutler motioned to accept, Jill Hansen seconded; board approved. Financial report – Brandi – we had budgeted income from Winterbrew which was canceled; snow removal expenses are still high; but the budget is still in good shape. Brandi motioned to accept; Tasha Taylor seconded; board approved. Catherine is leaving as the IFDDC executive director to pursue other opportunities. A search committee has been formed which will include Brandi, Kevin Cutler, Kasi and Jake. Jake suggested we contract with BBSI in our search for a new director for $3,500. They will help create a job description and they have experienced recruiters that utilize the latest methods and candidate screening techniques to identify the most qualified people. Brandi motioned that we contract with them; Antonio seconded, and board approved. Catherine has agreed to come in for a few hours every Friday to keep things going and to train the new person. Catherine – Valentine’s Day Bingo event – this was suggested by the owners of Winnie & Mo. People will pick up a bingo card from them and go to different businesses and complete what is on the card, then return the card to Winnie & Mo to be entered into a drawing for a downtown gift certificate. We had started to plan our St Paddy’s Day event and wanted to have it on the Broadway Plaza, but the city denied our application, as they are concerned about having a large group of people in the plaza over the parking garage. Jill said she would reach out to the Oppenheimer’s to get engineering info that can be given to the city to resolve their concerns. The plaza was built to be a gathering place for events. Construction 2022 - The intersection of Broadway and Yellowstone will be redone this summer. We are hearing that traffic will be rerouted around that area, but in a meeting yesterday it was said they will keep one lane of traffic open. We do not have a timeline for this yet. Park Avenue water mainline replacement – will begin in March starting at the A Street and Park intersection. Once that is finished, they will move on to the Park Avenue and Broadway intersection. The project is to take 12 weeks. Water tower – will be placed in the southeast corner of the library parking lot. During construction the south half of the parking lot will be blocked off for the construction site. In a meeting yesterday I suggested that they start getting signs and info out now about where other parking options are. Education works if you can get it out to the community. There is an overflow parking lot on Cliff Street and rows of all-day parking east of the library behind Chesbro. This lot is used by downtown employees like Chesbro that has 60+ employees. It was suggested in this meeting that lot be turned into a two hour lot, butwe strongly disagreed with that idea. We have parking it just needs to be utilized better. The parking lots on the east side of Yellowstone by the railroad tracks are underused and the one furthest south is empty. But no one feels safe crossing the Yellowstone Highway. Chip said he timed that walk from the Yellowstone lots and it is 6 minutes. The intersections on Broadway are not safe. Recently an employee of the Villa was hit while crossing. The Celt has also had employees hit by cars. Things can be taken care of once you find the right person to talk to. We had lamp pole lights out by the Villa and after talking to several different departments connected with I.F. Power thru their Facebook page and got them fixed. Kasi asked if anyone on the city council works downtown or owns a building as that experience can be helpful as decisions are made. Board of Director elections will be held in April. The executive committee serves for two years. We will email a current list of our board and you will see the term limit info. Official nominations will be accepted at our March board meeting. The board expressed a sincere thank you to Catherine for all her work and achievements over the past 5 years. The downtown has grown and improved under her guidance. It has not been an easy task for her, but she did an excellent job and will be missed. Adjourned at 9:45am The next board meeting will be held March 1, 2022 Respectfully submitted Jill Hansen, secretary and Mala Lyon Legal: Noise Ordinance ORDINANCE NO. _________ AN ORDINANCE OF THE CITY OF IDAHO FALLS, IDAHO, A MUNICIPAL CORPORATION OF THE STATE OF IDAHO; AMENDING TITLE 5, CHAPTER 4 BY ADDING SECTION 9 PROHIBITING NUISANCE NOISES AND AMENDING CITY CODE SECTION 8-7-1 TO REGULATE THE TIME, PLACE, AND MANNER OF NOISE GENERATED BY A VARIETY OF ACTIVITIES; ESTABLISHING PENALTIES FOR VIOLATIONS; PROVIDING SEVERABILITY, CODIFICATION, PUBLICATION BY SUMMARY, AND ESTABLISHING EFFECTIVE DATE. WHEREAS, the City is an attractive destination for both visitors and inhabitants; and WHEREAS, part of what makes the City particularly attractive is the beauty, peace, and quiet of its environs; and WHEREAS, the Council wishes to encourage the peaceable enjoyment of the City, its amenities, neighborhoods, and open spaces; and WHEREAS, in order to facilitate the wide variety of activities within the City, while promoting mutual respect, the City wishes to establish general noise regulations; and WHEREAS, such regulations balance fairly the sometimes competing activities within City limits and establish expectations regarding the amount and timing of noise expected by the community during certain hours and within certain areas within City limits; and WHEREAS, these regulations reflect community standards and are an exercise of health, safety, and welfare police powers granted to the City by the Idaho Constitution, the Idaho Code, and the City’s charter; and WHEREAS, the Council hereby declares certain noise to be a general public nuisance as set out in this Ordinance; and WHEREAS, the Council also amends the current construction hours to be consistent with the Code language adding for nuisance noises. NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF IDAHO FALLS, IDAHO, THAT: SECTION 1. Title 5, Chapter 4, Section 9, of the City Code of the City of Idaho Falls, Idaho, is hereby added as follows: 5-4-9 NUISANCE NOISE. ORDINANCE – NOISE REGULATION 2.16.22 PAGE 1 OF 5 A. Purpose. Plainly audible noise which due to its volume, its duration, or its location disturbs, injures or endangers the comfort, repose, health, peace, or safety of persons who are not voluntary listeners , is hereby declared to be excessive and harmful to the welfare of the occupants in the City and; therefore, a public nuisance. Further, sounds coming from inside a vehicle louder than necessary for the hearing of persons within the vehicle, are deemed excessive and; therefore, a public nuisance. B. Definitions. Construction. Any site preparation, assembly, erection, repair, alteration, or similar action, including demolition of buildings or structures. Demolition. Any dismantling, destruction, or removal of buildings, structures, or roadways. Emergency Work and Public Works Activities. Any work or action necessary to deliver essential public services including, but not limited to, constructing or repairing water, gas, electricity, broadband fiber, telephone, sewer facilities, or transportation facilities, removing fallen trees on public rights-of-way, sanitation, plowing snow, tree trimming and removal, dredging navigational waterways, or abating life-threatening conditions. Plainly Audible. Any sound that can be detected by a person using unaided hearing faculties. For example, if a sound source is a portable or personal vehicular sound amplification or reproduction device, the rhythmic bass component of the music is sufficient to be considered plainly audible even if the title of music, words, or artist is not distinct or identifiable. Vehicle. A conveyance that is propelled other than by human or animal power on land. C. Noise Prohibited. No person shall make, continue, or cause to be made, or allow to be made on any premises or any public place or public right-of-way in the City, from any radio, cd/dvd/mp3 player, portable computer, smartphone, tablet, computer, tape player, television, musical instrument, music streaming service, phonograph, sound amplifier, or similar sound emitting devices, any excessive, loud, unnecessary, or unusual Plainly Audible noise. Specifically prohibited is the playing, using, operating, or permitting to be played, used, or operated, any device for playing, producing, or reproducing Plainly Audible sound at a louder volume than is necessary for the hearing of persons who are voluntary listeners on the premises or in the building, room, or chamber in which the sound is being played, produced, or reproduced. D. Excessive Vehicular Noise Prohibited. No person shall use, operate, or permit to be used, played, attached, installed, or operated, radios, cd/dvd/mp3 players, portable computer, smartphones, tablets, computers, tape players, phonography, vehicle stereo systems, televisions, glasspack mufflers, loud tailpipes, and similar amplified or unamplified sound emitting devices, modifications, or apparatuses in or on a motor vehicle loudly enough to disturb the peace, quiet or comfort of persons who are involuntarily subjected to the Plainly Audible sound other than persons on the same premises, or within ten feet (10’) of the vehicle from which the sound is ORDINANCE – NOISE REGULATION 2.16.22 PAGE 2 OF 5 emitted; provided; however, that emergency vehicles and persons engaged in lawful parades including sirens, exhaust, music, loud speakers, and associated noises shall be exempt from the provisions of this Subsection for the duration of the activity. E. Quiet Hours. No person shall shoot off fireworks or allow fireworks to be shot off or engage in or allow prolonged shouting, yelling, hooting, whistling, singing, or playing of musical instruments loud enough to disturb the peace, quiet and comfort of persons who are involuntarily subjected to such noise between the hours of nine o’clock (9:00) p.m. and seven o’clock (7:00) a.m. local time; provided, however, that persons engaged in school-related or sports-related activities shall be exempt from the provisions of this Subsection for the duration of the activity. F. Construction Noise. No person shall engage in construction, repair, or demolition of buildings, streets, poles, etc., including site excavation and grading, between the hours of nine o’clock (9:00) p.m. and seven o’clock (7:00) a.m. local time except for Emergency Work and Public Works Activities, as defined in this Chapter, or in case of urgent necessity in the interest of public health and safety and with the permission of the Director of the Public Works Department. G. Lawn and Woodcutting Noise. No person shall engage in the use of chain saws and/or other woodcutting equipment, or gasoline or electric powered lawn care equipment between the hours of nine o’clock (9:00) p.m. and seven o’clock (7:00) a.m. local time in any residential zone. H. Exceptions: 1. The prohibitions in this Section shall not apply to the following: a. A government agency or persons acting within the course and scope of such government agency’s lawful functions; b. Work or activities specifically authorized by the Director of the Public Works Department, such as night construction, etc. c. The brief celebratory noisemaking at twelve o’clock (12:00) midnight local time on New Year’s Eve. d. Celebratory lighting of fireworks on the third, fourth, and fifth of July between eight o’clock (8:00) p.m. and midnight local time. e. During an event permitted by the Director of Parks and Recreation. f. Activities and events authorized by an educational institution regulated by the Idaho State Board of Education. g. Operation of trains and airplanes. ORDINANCE – NOISE REGULATION 2.16.22 PAGE 3 OF 5 I. Penalty: A person who violates any provision of this Section shall be deemed guilty of a misdemeanor and upon conviction thereof, shall be punishable by a fine. 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 unconstitutionality shall not affect the validity or constitutionality of any other section, sentence, clause, or phrase of this Ordinance. SECTION 3. Codification Clause. The 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 _____________, 2022. CITY OF IDAHO FALLS, IDAHO ____________________________________ REBECCA L. NOAH CASPER, Ph.D., MAYOR ATTEST: _____________________________________ KATHY HAMPTON, CITY CLERK (SEAL) ORDINANCE – NOISE REGULATION 2.16.22 PAGE 4 OF 5 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 5, CHAPTER 4 BY ADDING SECTION 9 PROHIBITING NUISANCE NOISES AND AMENDING CITY CODE SECTION 8-7-1 TO REGULATE THE TIME, PLACE, AND MANNER OF NOISE GENERATED BY A VARIETY OF ACTIVITIES; ESTABLISHING PENALTIES FOR VIOLATIONS; PROVIDING SEVERABILITY, CODIFICATION, PUBLICATION BY SUMMARY, AND ESTABLISHING EFFECTIVE DATE.” _______________________________________ (SEAL) KATHY HAMPTON, CITY CLERK ORDINANCE – NOISE REGULATION 2.16.22 PAGE 5 OF 5

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