A. Authority: This section is adopted pursuant to authority granted by Idaho Code section 31-714.
B. Purpose: The purpose of this section is to ensure a safe environment for those traveling on roadways in Bingham County and to protect County roadways from deterioration caused by water from irrigation and waste drainage.
C. Definitions: For the purpose of this section, unless it is plainly evident from the context that a different meaning is intended, certain terms used herein are defined as follows:
PERSON: Every natural person, firm, fiduciary, partnership, association, corporation, trustee, receiver or assignee for the benefit of creditors, political subdivision, State or Federal governmental department, agency, or instrumentality.
POSSESS: To hold a current right to occupy real property and control the activities conducted on the real property. Leased real property is possessed by the lessee during the term of the lease.
D. Violation; Penalties:
1. First offense: Any person who wilfully or negligently causes or allows any irrigation water or wastewater, which is either under his control or is set in motion from real property which he possesses, to flow onto or fall upon any public highway, road, or street in Bingham County shall be guilty of an infraction punishable by a fine of thirty five dollars ($35.00) when the violator has not previously been convicted of a violation of this section within the calendar year.
2. Second offense: Any person who pleads guilty or is found guilty of a violation of subsection D1 of this section, who previously has been found guilty or has pled guilty to a violation under the same section within the past calendar year, shall be guilty of an infraction punishable by a fine of seventy five dollars ($75.00). (Ord. 2009-05, 5-18-2009)
3. Third offense: Any person who pleads guilty or is found guilty of a violation of subsection D1 of this section, who previously has been twice found guilty or has pled guilty to a violation under the same section within the past calendar year, shall be guilty of a misdemeanor punishable as provided in section 1-4-1 of this Code. (Ord. 2009-05, 5-18-2009; amd. 2018 Code)