A. Prohibition: It shall be unlawful for any person to excrete human waste, including urine or feces, upon the ground, into a body of water, or upon anything attached or setting upon said surfaces within the city, except for toilet facilities used as receptacles for human waste.
B. Penalties And Judgments:
1. Infraction Penalty For A First Offense: Notwithstanding any municipal penalty provision adopted prior to the effective date hereof, any person in violation of subsection A of this section for a first offense shall be deemed guilty of an infraction punishable by a fine of one hundred dollars ($100.00).
2. Misdemeanor Penalty For Second Or Subsequent Offenses: A second or subsequent violation of subsection A of this section is hereby declared to be a misdemeanor punishable by imprisonment in the county jail for a period not to exceed six (6) months, or by a fine not to exceed one thousand dollars ($1,000.00), or by both. These punishments shall comply with Idaho Code section 18-113, as amended.
3. Failure To Appear; Default Judgment: If the defendant fails to appear at the time stated in an infraction citation, summons, trial date notice, or other such notice served on the defendant as provided by law, the court shall enter default judgment against the defendant for the infraction without giving further notice to the defendant. If a default judgment is entered against a defendant for an infraction pursuant to law, the clerk shall mail a notice of judgment to the defendant at the address stated in the citation advising that the defendant must pay the judgment within fourteen (14) days after the date of the notice.
4. Failure To Obey Citation; Separate Misdemeanor Offense: It shall be unlawful for any person to fail to appear in court at the time prescribed on an infraction citation or summons served upon the defendant, regardless of the disposition of the charge upon which such citation or summons was originally issued. The duty to appear in court at the time indicated may be complied with by an appearance by counsel in the manner prescribed by Idaho law. Violation of the provisions of this section shall be a misdemeanor.
5. Failure To Satisfy Judgment: Failure to satisfy judgment as ordered by the court pursuant to this section for infraction penalties, by default judgment or otherwise shall be deemed in contempt of court punishable as a misdemeanor pursuant to Idaho Code section 18-1801. (Ord. 241, 7-22-2010)