City Council

ORDINANCE NO. _________ AN ORDINANCE OF THE CITY OF IDAHO FALLS, IDAHO, A MUNICIPAL CORPORATION OF THE STATE OF IDAHO; AMENDING TITLE 5, CHAPTERS FIVE AND SIX OF THE CITY CODE TO ADJUST PUNISHMENT FOR CERTAIN ANIMAL AND DOG ORDINANCES FROM MISDEMEANORS TO INFRACTIONS, PROVIDING SEVERABILITY, CODIFICATION, PUBLICATION BY SUMMARY, AND ESTABLISHING EFFECTIVE DATE. WHEREAS, the City of Idaho Falls is authorized under the Idaho Constitution and Idaho Code § 50-302 to adopt ordinances to maintain the peace and welfare and establish penalties and fines for the violation thereof; and WHEREAS, to maintain order and public health, the City regulates the keeping of certain animals, including dogs, within the geographic limits of the City; and WHEREAS, the Council desires to reclassify certain animal control violations as infractions for a first offense. NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF IDAHO FALLS, IDAHO, THAT: SECTION 1: Title 5, Chapter 5, Section 6 of the City Code of the City of Idaho Falls, Idaho, is hereby amended as follows: … 5-5-6 ANIMALS AT LARGE. It shall be unlawful for any owner or custodian of any animal, other than a domestic cat, to allow such animal to be, or remain, at large within the City. A person who violates this Section shall be deemed guilty of an infraction and upon conviction thereof, shall be punished by a fine set from time to time by resolution of the Council. Provided, that any person who has been previously found guilty of a violation of this Section within the period of one (1) calendar year shall be guilty of a misdemeanor. … SECTION 2: Title 5, Chapter 6, Section 7 of the City Code of the City of Idaho Falls, Idaho, is hereby amended as follows: … 5-6-7: OWNERSHIP OF DOGS LIMITED. ORDINANCE – TITLE 5 ANIMALS 2.21.25 Page 1 of 4 (A) It shall be unlawful to maintain upon the premises of any one (1) dwelling or upon the premises of any one (1) business property with more than two (2) dogs except, where accommodation or variation from these requirements is appropriate under current Idaho or federal law or where allowed by the Zoning Code or by this Chapter. A person who violates this Section shall be deemed guilty of an infraction and upon conviction thereof, shall be punished by a fine set from time to time by resolution of the Council. Provided, that any person who has been previously found guilty of a violation of this Section within the period of one (1) calendar year shall be guilty of a misdemeanor. … SECTION 3: Title 5, Chapter 6, Section 10 of the City Code of the City of Idaho Falls, Idaho, is hereby amended as follows: 5-6-10: CONTROL OF DOGS: (A) It shall be unlawful for any person to harbor or keep on their premises, or in their control any dog which, by loud and prolonged barking or howling, disturbs the peace and quiet of the neighborhood, or of the occupants of adjacent premises. (B) It shall be unlawful for any person to have or keep on their premises or in their control a nuisance animal. (C) It shall be unlawful for Aany owner or keeper of a dog whose dog is determined to permit their dog to be at large on or in any public street, alley, sidewalk, park or place, or upon private property without the permission of the owner or occupant thereof., is guilty of a misdemeanor. Notwithstanding the foregoing, the Mayor may, upon application of any person, authorize dog shows, exhibitions and dog training courses to be held upon public property and where the dogs participating therein are controlled by competent attendants and the Council may designate public areas within the City which may be used, subject to such rules and regulations as may be prescribed, for the training or exercise of dogs. Dogs within such areas need not be controlled by leash, but shall be under the control of a responsible person and controlled by whistle, voice or other effective command. Notwithstanding the foregoing, it shall be unlawful for any person to allow a dog under leash to be in any public park or recreation area designated by the Council as a public area in which dogs are not allowed, unless the dog is a service dog or is a participant in an approved dog show, exhibition or dog training course, or is otherwise allowed by law or regulation in such an area. Such areas shall be specifically designated by resolution of the Council and a sign giving notice of such prohibition shall be posted at each vehicular entrance to such public area. (D) A person who violates any part of this Section shall be deemed guilty of an infraction and upon conviction thereof, shall be punished by a fine set from time to time by resolution of the Council. Provided, that any person who has been previously found guilty of a violation of this Section within the period of one (1) calendar year shall be guilty of a misdemeanor. ORDINANCE – TITLE 5 ANIMALS 2.21.25 Page 2 of 4 … SECTION 4. 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 5 . 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 6. Publication and Effective Date. 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. PASSED by the City Council and APPROVED by the Mayor of the City of Idaho Falls, Idaho, this ______ day of ________________, 2025. ATTEST: CITY OF IDAHO FALLS, IDAHO ______________________________ ____________________________________ EMILY GEISLER, CITY CLERK REBECCA L. NOAH CASPER, Ph.D., MAYOR (SEAL) ORDINANCE – TITLE 5 ANIMALS 2.21.25 Page 3 of 4 STATE OF IDAHO ) ) ss: County of Bonneville ) I, EMILY GEISLER, 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, CHAPTERS FIVE AND SIX OF THE CITY CODE TO ADJUST PUNISHMENT FOR CERTAIN ANIMAL AND DOG ORDINANCES FROM MISDEMEANORS TO INFRACTIONS, PROVIDING SEVERABILITY, CODIFICATION, PUBLICATION BY SUMMARY, AND ESTABLISHING EFFECTIVE DATE.” ______________________________________ EMILY GEISLER, CITY CLERK (SEAL) ORDINANCE – TITLE 5 ANIMALS 2.21.25 Page 4 of 4  ORDINANCE NO. _________ AN ORDINANCE OF THE CITY OF IDAHO FALLS, IDAHO, A MUNICIPAL CORPORATION OF THE STATE OF IDAHO; REPEALING AND REPLACING TITLE 5, CHAPTER 4, SECTION 8 OF THE CITY CODE TO DEFINE AND PROHIBIT DISORDERLY CONDUCT WITHIN THE CITY TO PROHIBIT THE PUBLIC FROM AGITATING FIGHTS, COMMUNICATING THREATS, OR BLOCKING THE FREE PASSAGE OF OTHER, AND TO PROVIDE FOR ENHANCED PENALTIES FOR THOSE WHO ENGAGE IN DISORDERLY CONDUCT WHILE INTOXICATED, PROVIDING SEVERABILITY, CODIFICATION, PUBLICATION BY SUMMARY, AND ESTABLISHING EFFECTIVE DATE. WHEREAS, the City of Idaho Falls is authorized under the Idaho Constitution and Idaho Code § 50-302 to adopt ordinances to maintain the peace and welfare and establish penalties and fines for the violation thereof; and WHEREAS, the City of Idaho Falls City Code Title 5, Chapter 4, Section 8 currently contains redundant provisions relating to disturbing the peace as enshrined in Idaho Code § 18-6409 “Disturbing the Peace”; and WHEREAS, the Council desires to keep those within the City safe from the harm and discord that comes from others who disrupt the civil peace by agitating fights, threats, and unreasonable noise; and WHEREAS, the Council finds that the consumption of intoxicants increases the risk of a disruption of the civil peace and desires to impose an enhanced penalty for those who disrupt the community while under the influence of any intoxicants. 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 8 of the City Code of the City of Idaho Falls, Idaho, is hereby rescinded in its entirety and replaced with the following language: … 5-4-8: DISORDERLY CONDUCT. Any person who: (A) Engages in any fight or to challenges another person to fight; or threatens, urges, or provokes others to fight, batter, or assault any person; or (B) Taunts, intimidates, threatens, encourages, or provokes another to taunt, intimidate, or threaten any person in such a manner as to cause a person to fear for their safety; or ORDINANCE – TITLE 5, CH 4, SEC 8 DISORDERLY CONDUCT 2.21.25 Page 1 of 3  (C) Obstructs the free passage or use of a sidewalk, trail, right-of-way, or other area open to the public; or (D) Interferes with Idaho Falls Regional Airport (“IDA”) operations; delays or interferes with any flight or any security procedures by arguing with abusive language towards airline personnel or the airport staff; fails to cooperate with directives from airline personnel or the airport staff; refuses to abide by safety or security regulations at IDA; or attempts to board an aircraft without authorization; is guilty of an infraction. In the event that the person was also, at the time of the offense, under the influence of alcohol, any drug, or any other intoxicant, including but not limited to inhaled aerosols, that person shall be guilty of a misdemeanor. … 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 and Effective Date. 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. PASSED by the City Council and APPROVED by the Mayor of the City of Idaho Falls, Idaho, this ______ day of ________________, 2025. ATTEST: CITY OF IDAHO FALLS, IDAHO ______________________________ ____________________________________ EMILY GEISLER, CITY CLERK REBECCA L. NOAH CASPER, Ph.D., MAYOR (SEAL) ORDINANCE – TITLE 5, CH 4, SEC 8 DISORDERLY CONDUCT 2.21.25 Page 2 of 3 STATE OF IDAHO ) ) ss: County of Bonneville ) I, EMILY GEISLER, 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; REPEALING AND REPLACING TITLE 5, CHAPTER 4, SECTION 8 OF THE CITY CODE TO DEFINE AND PROHIBIT DISORDERLY CONDUCT WITHIN THE CITY TO PROHIBIT THE PUBLIC FROM AGITATING FIGHTS, COMMUNICATING THREATS, OR BLOCKING THE FREE PASSAGE OF OTHER, AND TO PROVIDE FOR ENHANCED PENALTIES FOR THOSE WHO ENGAGE IN DISORDERLY CONDUCT WHILE INTOXICATED, PROVIDING SEVERABILITY, CODIFICATION, PUBLICATION BY SUMMARY, AND ESTABLISHING EFFECTIVE DATE.” ______________________________________ EMILY GEISLER, CITY CLERK (SEAL) ORDINANCE – TITLE 5, CH 4, SEC 8 DISORDERLY CONDUCT 2.21.25 Page 3 of 3  ORDINANCE NO. _________ AN ORDINANCE OF THE CITY OF IDAHO FALLS, IDAHO, A MUNICIPAL CORPORATION OF THE STATE OF IDAHO; AMENDING TITLE 5, CHAPTER 10 OF THE IDAHO FALLS CITY CODE, TO REPEAL THE CITY ABATEMENT PROVISIONS AND TO RECLASSIFY GRAFFITI NUISANCE OFFENSES FROM A MISDEMEANOR TO AN INFRACTION FOR THE FIRST TWO OFFENSES IN A CALENDAR YEAR, PROVIDING SEVERABILITY, CODIFICATION, PUBLICATION BY SUMMARY, AND ESTABLISHING EFFECTIVE DATE. WHEREAS, the City of Idaho Falls is authorized under the Idaho Constitution and Idaho Code § 50-302 to adopt ordinances to maintain the peace and welfare and establish penalties and fines for the violation thereof; and WHEREAS, Council finds that graffiti is a blight to the aesthetics of the community, which constitutes a public nuisance; and WHEREAS, Council finds that property owners are responsible to maintain private property, including the abatement of graffiti that may occur upon private property; and WHEREAS, Council desires to provide for a progressive penalty approach for those who fail to abate graffiti nuisances. NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF IDAHO FALLS, IDAHO, THAT: SECTION 1: Title 5, Chapter 10 of the City Code of the City of Idaho Falls, Idaho, is hereby amended as follows: ... 5-10-7: CITY ABATEMENT. (A) City is authorized to use public funds to abate a graffiti nuisance. (B) If the property owner or occupant or person in control of the property fails to remove the graffiti within forty-eight (48) hours following a final decision regarding the graffiti, the City may enter the property and commence abatement pursuant to Idaho Code. (C) If the City abates the nuisance, all costs and expenses related to abatement shall be billed and assessed against the property owner and, if unpaid, shall be collectible by any lawful means including, but not limited to, creation of a special assessment collectible against the subject property, pursuant to Idaho Code. (Ord. 3178, 04-12-18) ORDINANCE – TITLE 5, CH 10 GRAFITTI 2.10.25 Page 1 of 3 5-10-87: PENALTY. It shall be unlawful for any person to violate any provision of this Chapter. A person who violates any provision of this Section shall be deemed guilty of an infraction and upon conviction thereof, shall be punishable by a fine set from time to time by resolution of the Council. Provided, that any person who has been previously found guilty of two (2) violations of this Section within the period of one (1) calendar year shall be guilty of a misdemeanor. In addition to any punishment, fine, or penalty specified in this Chapter, a Court may order any violator to make restitution to any victim for damages or loss caused directly or indirectly by the violator's offense in the amount or manner determined by the Court. In the case of a minor, the parents or legal guardian may be ordered to make such restitution. 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 and Effective Date. 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. PASSED by the City Council and APPROVED by the Mayor of the City of Idaho Falls, Idaho, this ______ day of ________________, 2025. ATTEST: CITY OF IDAHO FALLS, IDAHO ______________________________ ____________________________________ EMILY GEISLER, CITY CLERK REBECCA L. NOAH CASPER, Ph.D., MAYOR (SEAL) ORDINANCE – TITLE 5, CH 10 GRAFITTI 2.10.25 Page 2 of 3 STATE OF IDAHO ) ) ss: County of Bonneville ) I, EMILY GEISLER, 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, “AAN ORDINANCE OF THE CITY OF IDAHO FALLS, IDAHO, A MUNICIPAL CORPORATION OF THE STATE OF IDAHO; AMENDING TITLE 5, CHAPTER 10 OF THE IDAHO FALLS CITY CODE, TO REPEAL THE CITY ABATEMENT PROVISIONS AND TO RECLASSIFY GRAFFITI NUISANCE OFFENSES FROM A MISDEMEANOR TO AN INFRACTION FOR THE FIRST TWO OFFENSES IN A CALENDAR YEAR, PROVIDING SEVERABILITY, CODIFICATION, PUBLICATION BY SUMMARY, AND ESTABLISHING EFFECTIVE DATE.” ______________________________________ EMILY GEISLER, CITY CLERK (SEAL) ORDINANCE – TITLE 5, CH 10 GRAFITTI 2.10.25 Page 3 of 3