ORDINANCE NO. 2022-05
AMENDING THE CRIMINAL PENALTY PORTION OF TITLES 1, 3, 4, 5, 6, 7, 8, 9, 10, 11, 12, AND 13. THE CHANGES CALL FOR VIOLATIONS ONCE CLASSIFIED AS MISDEMEANORS TO BE SET FORTH IN ONE GENERAL PENALTY SECTION, GEM COUNTY CODE 1-4-1, CALLING FOR FIRST TIME INFRACTIONS AND SUBSEQUENT MISDEMEANORS. ADDITIONAL CHANGES HAVE BEEN MADE TO REFLECT CHANGES IN IDAHO CODE.
TITLE 4, CHAPTER 3 ADDING DEFINITIONS AND CLARIFICATION OF THE SUBSTANTIVE TERMS OF ENFORCEMENT FOR DRY VEGETATION CONTROL.
THE ADDITION TO TITLE 5, CHAPTER 2, DISORDERLY CONDUCT AT GEM COUNTY CODE 5-2-3.
THE ADDITION TO TITLE 5, CHAPTER 3 MINORS, ADDING A BEYOND CONTROL SECTION AT GEM COUNTY CODE 5-3-3; AND RENUMBERING PARENTAL RESPONSIBILITY AT GEM COUNTY CODE 5-3-4.
TITLE 5, CHAPTER 4, REMOVING PROHIBITION OF DISCHARGE OF A FIREARM WITHIN A PLATTED SUBDIVISION AS CONSISTENT WITH IDAHO CODE §18-3302J.
BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF GEM COUNTY, IDAHO, THAT GEM COUNTY CODE TITLES 1, 3, 4, 5, 6, 7, 8, 9, 10, 11, 12, AND 13, BE AMENDED AS FOLLOWS:
TITLE 1 CHAPTER 4
GENERAL PENALTY
1-4-1: GENERAL PENALTY:
A. Unless specifically provided elsewhere, any person convicted of a violation of any section or provision of this county code shall be deemed guilty of an infraction misdemeanor, and may be fined in a sum not to exceed one three hundred dollars ($300.00) ($100.00); for any offense and such person may be confined in jail for a period of not more than six (6) months. Either or both such fine and imprisonment may be imposed; and in addition thereto, any person so convicted shall pay such costs as the court may assess.
B. For second and subsequent infraction violations of this Code within five (5) years, a fixed penalty of three hundred dollars ($300.00), plus any such costs as the court may assess.
C. For third and subsequent violations of this Code within five (5) years, a violation may be deemed a misdemeanor with a fine in the sum not to exceed one thousand dollars ($1,000) for any offense and such person may be confined in jail for a period of not more than six (6) months. Either or both such fine and imprisonment may be imposed; and in addition thereto, any person so convicted shall pay such costs as the court may assess.
1-4-2: APPLICATION OF PROVISIONS:
Application Of Penalty: The penalty provided in this chapter shall be applicable to every section of this code and ordinance of the county the same as though it were a part of each and every separate section or ordinance. Any person convicted of a violation of this county code or any ordinance of Gem County where any duty is prescribed or obligation imposed, or where any action which is of a continuing nature is forbidden or is declared to be unlawful, shall, unless otherwise provided, be deemed guilty of a misdemeanor. A separate offense shall be deemed committed for each day such duty or obligation remains unperformed or such act continues, unless otherwise specifically provided in this county code. The penalty provided in this chapter shall be applicable to any owner, operator, tenant, lessor, lessee, and/or renter as long as each has prior knowledge of the violation.
B. Imposition Of Penalty: In all cases where the same offense is made punishable or is created by different clauses or sections of this county code, the prosecuting officer may elect under which to proceed; but not more than one recovery shall be had against the same person for the same offense; provided, that the revocation of a license or permit shall not be considered a recovery or penalty so as to bar any other penalty being enforced.
C. Breach Of Provisions: Whenever the doing of any act or the omission to do any act constitutes a breach of any section or provision of this county code and there shall be no fine or penalty specifically declared for such breach, the provisions of this chapter shall apply. (2002 Code)
D. Cost of Abatement. After conviction, the county may deem it appropriate to abate the underlying subject or property, where applicable. If the county does abate, the individual previously convicted shall be responsible for the county’s cost in abatement, with no cost less than five hundred dollars ($500).
TITLE 3 CHAPTER 1
BUSINESS AND LICENSE REGULATIONS
3-1-4-8: PENALTY:
The penalty for violation of this section 3-1-4 shall be the general penalties outlined in Title 1, Chapter 4 of this code. by fine not to exceed three hundred dollars ($300.00) or imprisonment in the county jail not to exceed six (6) months, or both, for each day of operation in violation of this section 3-1-4.
TITLE 4 CHAPTER 1
SOLID WASTE DISPOSAL
4-1-17: PENALTIES; REMEDIES:
Violation of the provisions of this chapter shall be subject to the specific penalties listed herein, as well as the following penalties and/or remedies:
A. Civil Responsibility For Violation: To obtain compliance with the requirements of this chapter, the county may initiate civil action in a court of competent jurisdiction. Said action may be either legal or equitable in nature and may seek any remedy deemed appropriate by the board of county commissioners or otherwise authorized by Idaho Code section 31-4410 to carry out the purposes of this chapter. (Ord. 93-03, 7-12-1993)
B. Criminal Misdemeanor Liability: Any violation of this chapter shall be subject to the general penalties outlined in Title 1, Chapter 4 of this code. considered a misdemeanor subject to the maximum punishment allowed by Idaho Code section 18-113 or its successor and section 1-4-1 of this code.
C. Separate Violation: A separate violation shall be deemed to have occurred for each action committed in violation of this chapter and for each day that a violation remains uncorrected after notice of violation has been delivered to the alleged violator.
D. C. State Statute Incorporated: The penalty provisions of Idaho Code section 31-4410 are incorporated into this section and are made part of it as if set forth fully herein. (Ord. 93-03, 7-12-1993; amd. 2002 Code)
TITLE 4 CHAPTER 3
WEED DRY VEGETATION CONTROL
4-3-1 DEFINITIONS
4-3-12 FIRE HAZARD PROHIBITED
4-3-23 PENALTY
4-3-1: DEFINITIONS:
“Building” means any structure used or intended for supporting or sheltering any use or occupancy.
“Dry vegetation” means any weeds, grass, vines, or other growth which attains a prevalent height and becomes sufficiently dry to become flammable, combustible, or otherwise to constitute a fire hazard.
“Accessory structure” means a secondary structure, the use of which is incidental but similar to that of the main building and which is located on the same plot and is a permitted use for that particular zone in which it is located.
“Maintained pasture” means a land area intended and utilized for the habitation and grazing of livestock. Such area is kept minimally combustible by irrigation or other means to sustain moisture.
“Structure” means that which is built or constructed, an edifice or building of any kind, or any piece of work artificially built up or composed of parts joined together in some definite manner.
“Structure ignition zone” means the area around a specific structure and associated accessory structures, including all vegetation that contains potential ignition sources and fuels that can affect ignition potential during a fire.
4-3-12: FIRE HAZARD PROHIBITED:
It shall be unlawful for any owner or person in control of land upon which any weeds or grass determined to be a fire hazard are present to permit dry vegetation within a structure ignition zone of thirty feet (30') of an improved structure a building, structure or within any platted townsites or subdivisions in unincorporated areas of the county. A designated private lane must be clear cut for ten feet (10’) on each side from the edge of the roadway. It shall be the duty of an owner or person in control of land to cut down or destroy dry weeds from the property to a height of less than six inches (6”) before or at the time that the same becomes dry, flammable or combustible. to fFailure to remove such dry vegetation weeds not later than within ten (10) days after service of notice upon such owner or person in control of said land by the sheriff's office or the county weed department. (Ord. 78-3A, 9-11-1978) shall be a violation. Agricultural crops and maintained pasture areas are exempt.
4-3-23: PENALTY:
A violation of this chapter shall, upon conviction, be subject to the general penalties outlined in Title 1, Chapter 4 of this code. be punishable by a fine of not more than three hundred dollars ($300.00), or by incarceration of up to six (6) months in the county jail, or by both such fine or incarceration. (Ord. 78-3A, 9-11-1978)
TITLE 4 CHAPTER 5
PUBLIC NUISANCE
4-5-3: DEFINITIONS:
As used in this chapter, the following words and terms shall have the meanings ascribed to them in this section:
ABANDONED: A property that is vacant and unmaintained.
ACCESSIBLE: A property or structure that unauthorized persons may gain access or entry to through a compromised/breached/unsecure gate, door, fence, wall, window, or other point of entry.
DAYS: Consecutive calendar days.
DEED IN LIEU OF FORECLOSURE: A recorded document that transfers property from the trustor to the holder of a deed of trust upon consent of the beneficiary of the deed of trust.
DEED OF TRUST: An instrument by which title to real estate is transferred to a third party trustee as security for a real estate loan. This definition applies to any and all subsequent deeds of trust, i.e., second trust deed, third trust deed, etc.
DEFAULT: The failure to fulfill a contractual obligation, monetary or conditional.
DISTRESSED: A property that is under a current notice of default and/or notice of trustee's sale or there has been a foreclosure by the trustee or has been conveyed to the beneficiary/trustee via a deed in lieu of foreclosure.
EVIDENCE OF OCCUPANCY: Any condition visible from the exterior that on its own, or combined with other conditions present, would lead a reasonable person to believe that the property is legally occupied. Such conditions include, but are not limited to, secured/locked structures; active utility services; the absence of overgrown and/or dead vegetation; the absence of an accumulation of newspapers, circulars, fliers and/or mail; the absence of an accumulation of trash, junk and/or debris; the presence of window coverings such as curtains, blinds and/or shutters; the presence of furnishings and/or personal items consistent with residential habitation; statements by neighbors, passersby, delivery agents, or government employees that the property is legally occupied; or actual contact with occupants.
EVIDENCE OF VACANCY: Any condition visible from the exterior that on its own or combined with other conditions present would lead a reasonable person to believe that the property is vacant. Such conditions include, but are not limited to, overgrown and/or dead vegetation; accumulation of newspapers, circulars, fliers and/or mail; past due utility notices and/or disconnected utilities; accumulation of trash, junk and/or debris; the absence of window coverings such as curtains, blinds and/or shutters; the absence of furnishings and/or personal items consistent with residential habitation; statements by neighbors, passersby, delivery agents, or government employees that the property is vacant.
FIELD SERVICE PROVIDER: An individual, entity or department that is responsible for inspecting, securing, and maintaining abandoned property.
FORECLOSURE: The process by which a property, placed as security for a real estate loan, is sold at auction to satisfy the debt, if the trustor (borrower) defaults.
INSPECTION: A physical investigation at a property to obtain evidence of occupancy or vacancy and/or to verify compliance with this chapter and any other applicable code or law.
NEIGHBORHOOD STANDARD: Those conditions that are present on a simple majority of properties within a one-half (
1
/
2
) mile radius of the subject property. A property that is the subject of a neighborhood standard comparison, or any other abandoned property within the one-half (
1
/
2
) mile radius, shall not be counted toward the simple majority.
NOTICE OF DEFAULT: A recorded notice that a default has occurred under a deed of trust and that the beneficiary intends to proceed with a trustee's sale.
OWNER: Any person, copartnership, association, corporation, or fiduciary having a legal or equitable title or any interest in any real property, or a property that has been acquired by the beneficial interest at trustee's sale.
PROPERTY: Any unimproved or improved real property, or portion thereof, situated in unincorporated Gem County.
PROPERTY PRESERVATION/REAL ESTATE OWNED (REO) SECTION/DEPARTMENT: The entity, group, section, department or the designee of a beneficiary that is responsible for inspecting, securing and maintaining abandoned and REO property.
PUBLIC NUISANCE: A physical condition or use of property which is harmful or injurious to, or creates a danger of harm or injury to the health, safety, or welfare of the neighborhood, community, or members of the public, or which is so offensive to the senses or such an obstruction of the free use of property as to interfere with the comfortable enjoyment of life and property by the neighborhood, community, or members of the public. The term is further defined so as to include, by way of example, but not limited to, the following:
A. A condition or use of premises or property which creates a fire hazard as defined in section 4-3-1 of this title, or any traffic or safety hazard to members of the public.
B. A condition or use of premises or property which creates a health hazard by permitting, allowing, or fostering the harboring and nesting of rodents, vermin and/or insects, or which creates any other type of health hazard to members of the public.
C. A condition or use of premises or property which allows the open storage, deposit, or scattering of scrap lumber or wood, waste petroleum products, scrap or waste paper, trash, garbage, junk, boxes or debris of any type.
D. A condition or use of premises or property which allows the open storage, deposit, or scattering of scrap, abandoned, discarded, or unused objects such as furniture, stoves, refrigerators, freezers, cans, containers, tires, tools, or mechanical parts.
E. A condition or use of premises or property which allows the open storage, deposit, or scattering of dismantled, wrecked, junked, scrapped, discarded and unlicensed or nonoperable vehicles provided that no public nuisance shall exist under this subsection unless three (3) or more vehicles not in operating condition remain standing on the property for more than thirty (30) calendar days.
F. A condition or use of premises or property which allows the growth of weeds, grasses, bushes, shrubs, trees, or other plant life to such a size and in such a condition as to cause, or reasonably threaten to cause a fire hazard as defined in section 4-3-1 of this title, or a traffic or safety hazard because they obstruct sight, applying the measurements and standards contained in Idaho Code section 49-221, as amended, at intersections or other points at which driveways, lanes, or highways come together, or a health hazard because they provide nesting areas for rodents, vermin and/or insects, or the growth of weeds to such a size or in such condition as to interfere with the free and comfortable use of adjacent and neighboring premises and property.
SECURING: Such measures as may be directed to the record owner by the administrator of development services, county treasurer, or his or her designee, or the Gem County sheriff or his or her designee so that the property is not accessible to unauthorized persons, including, but not limited to, the repairing of fences and walls, chaining/padlocking of gates, the repair or boarding of door, window and/or other openings. Boarding shall be completed to a minimum of the current HUD securing standards at the time the boarding is completed or required. Locking includes measures that require a key, keycard, tool or special knowledge to open or gain access.
TENANT: Any person, copartnership, association, or corporation legally occupying a property with an executed lease/rental agreement with the property owner, or the owner's designated property manager.
TRUSTEE: The title company, or attorney as named on a deed of trust secured by the property.
TRUSTOR: A borrower under a deed of trust, who deeds property to a trustee as security for the payment of a debt.
VACANT: A building/structure that is not occupied.
WEEDS: Undesirable or objectionable and nonuseful plant growth but shall not include noxious weeds as defined by Idaho Code, section 22-2402(15), as amended. (Ord. 2012-01, 11-7-2011; amd. Ord. 2014-05, 7-7-2014)
4-5-9: PENALTIES:
Failure to abate a nuisance listed in section 4-5-3 of this chapter within the county limits after reasonable notice to the property owner, or tenant responsible for maintaining or allowing the nuisance shall be subject to the general penalties outlined in Title 1, Chapter 4 of this code. a misdemeanor and shall be subject to the penalties described in Idaho Code section 18-113, as amended. Failure to abate said nuisance from day to day shall constitute a separate offense for each day. (Ord. 2012-01, 11-7-2011)
4-5-12: INTERFERENCE WITH AUTHORIZED PERSON:
A. Interference Prohibited: It shall be unlawful, and shall be a misdemeanor to interfere with the administrator or his/her designee or designees or any law enforcement officer in the performance of duties connected with enforcement of this chapter. Such interference shall include, but not be limited to, removal of notices posted on the property pursuant to this chapter or impediment or harassment of the authorized person in the performance of their duties under this chapter.
B. Violation; Penalty: Violation of this section is a misdemeanor and shall be punishable as provided in Title 1, Chapter 4 of this code Idaho Code section 18-113 as amended. (Ord. 2012-01, 11-7-2011)
TITLE 4 CHAPTER 6
FIREWORKS REGULATIONS
4-6-3: FIREWORKS PROHIBITED:
It shall be unlawful and a misdemeanor for any person to use fireworks in unincorporated areas of Gem County outside fire protection districts during the current fire season. (Ord. 2003-09, 6-23-2003)
4-6-5: PENALTY:
Violation of this chapter shall be subject to the general penalties outlined in Title 1, Chapter 4 of this code. be punishable by a fine for up to three hundred dollars ($300.00), imprisonment in jail of up to six (6) months, or by both such fine and imprisonment. If damage is caused by the fireworks, a violation may be punishable by a fine for up to five hundred dollars ($500.), imprisonment in jail of up to six (6 months), or by both such fine and imprisonment, as well as an order to pay any and all restitution. (Ord. 2003-09, 6-23-2003)
TITLE 5 CHAPTER 2
GENERAL OFFENSES
5-2-1: USE OF HARMFUL CHEMICALS:
A. Prohibited: It shall be unlawful for any person to inhale, breathe, drink or otherwise take into his or her body any compound, gasoline fumes, liquid, chemical or any other substance known as glue, adhesive, cement, mucilage, dope, or any other materials or substance or combination thereof with the intent to become intoxicated, elated, dazed, paralyzed, irrational, or in any other manner changing, distorting, or disturbing the thinking process, balance, or coordination of such person.
B. Penalty: Any person who shall violate any of the provisions of this section shall, upon conviction thereof, be subject to the general penalties outlined in Title 1, Chapter 4 of this code. be punished by a fine not exceeding three hundred dollars ($300.00) or by imprisonment of not more than thirty (30) days in jail, or by both such fine and imprisonment. (Ord., 2-25-1969) Any person who shall violate the above provision while also constituting a harm to himself or others shall, upon conviction thereof, be subject to a general misdemeanor.
5-2-2: POSSESSION AND CONSUMPTION OF ALCOHOLIC BEVERAGES IN U.S. DEPARTMENT OF INTERIOR BUREAU OF RECLAMATION PARKS:
A. Prohibited: No person shall consume any beer, wine or other alcoholic beverage or possess an open or unopened container of beer, wine or other alcoholic beverage within Black Canyon Park, Cobblestone Park, Wild Rose Park, or Triangle Park, shown in figures 1 through 4 of this section, unless authorized by a valid special event permit issued by the U.S. department of interior bureau of reclamation.
B. Penalty: Violation of the provisions of this section shall be subject to the general penalties outlined in Title 1, Chapter 4 of this code. constitute an infraction. (Ord. 2013-05, 7-1-2013)
TITLE 5, CHAPTER 2
GENERAL OFFENSES
GENERAL OFFENSES
CHAPTER 2
GENERAL OFFENSES
GENERAL OFFENSES
SECTION:
5-2-1: Use Of Harmful Chemicals
5-2-2: Possession And Consumption Of Alcoholic Beverages In U.S. Department Of Interior Bureau Of Reclamation Parks
5-2-3: Disorderly Conduct
5-2-3 DISORDERLY CONDUCT
Prohibited: It is unlawful for any person to engage in disorderly conduct. A person commits disorderly conduct when such person:
A. Loiters, prowls or wanders upon the private property of another without lawful business or permission of the owner or lawful occupant thereof.
B. Intentionally, knowingly or recklessly fights with another person in a public place, except when necessary in self-defense.
C. Operates or permits the operation of a loud amplification device in such a manner that the sound therefrom is plainly audible within any place of residence not the source of the sound or is plainly audible upon a public right of way or street at a distance of one hundred (100) feet from the source of such sound. “Loud amplification device” for purpose of this section is any equipment designed or used for sound production, reproduction or amplification. “Plainly audible” for purposes of this section is any sound that can be detected by a person using their unaided hearing faculties.
D. Penalty: Violation of the provisions of this section shall be subject to the general penalties outlined in Title 1, Chapter 4 of this code.
TITLE 5 CHAPTER 3
MINORS
CHAPTER 3
MINORS
MINORS
SECTION:
5-3-1: Curfew
5-3-2: Runaways
5-3-3: Parental Responsibility Beyond Control
5-3-4: Parental Responsibility
5-3-1: CURFEW:
A. Hours: It is unlawful for any minor to go or to remain upon any pedestrian or vehicular thoroughfare, public place or other premises open to the public, or to operate or to ride in a vehicle at any such location between the hours of ten thirty o'clock (10:30) P.M. and five o'clock (5:00) A.M. in the case of minors under the age of sixteen (16) years or between the hours of twelve o'clock (12:00) midnight and five o'clock (5:00) A.M. in the case of minors over sixteen (16) years of age but under eighteen (18) years of age.
B. Exceptions: This prohibition shall not apply to the following:
1. A minor accompanied by his or her parent, guardian or other adult person having care and custody of said minor;
2. Minor upon an emergency errand or legitimate business directed or authorized by his or her parent, guardian or other adult person having the care and custody of said minor;
3. A minor participating in a lawful group activity of which the sheriff's department has been notified; or
4. A minor who is lawfully married or who is a member of the armed forces of the United States on active duty or on authorized leave from active duty.
C. Violation:
1. Warning or citation: Any law enforcement officer finding a minor in apparent violation of this curfew restriction shall ascertain the name and address of the minor, warn the minor that he or she is in violation of curfew and direct the minor to proceed at once to his or her home or usual place of abode. In lieu of a warning, an officer may issue a citation to a minor in violation of this section according to the procedure set forth in Idaho Code title 20, Chapter 5.
2. Report To Parents: The officer shall also cause such action to be reported to the minor's parents, guardian or persons having custody or control.
3. Refusal By Minor: If the minor refuses to heed such direction by the officer, or refuses to disclose his or her correct name and address, the minor shall be taken to the sheriff's department, and not within the jail, and the parent, guardian or other adult person having care and custody of the minor shall be requested to come and take charge of the minor.
4. Minor Held By Sheriff's Department: If the parent, guardian or other adult person cannot be located or fails to come and take charge, the minor shall be held by the sheriff's department until the parent, guardian or other adult person having care and custody of the minor child takes charge of the minor.
5. Costs: All costs associated with keeping and caring for the minor shall be assessed to the minor's parent or legal guardian, including, but not limited to, costs of housing, supervision, youth attendants, and food.
D. Youth Rehabilitation Act Child Protection Act: If a parent or guardian cannot be located or fails to come and take charge of the minor when notified he or she has been picked up by a law enforcement officer, or if such child has been in violation of this section on one or more previous occasions, a petition may be filed under the youth rehabilitation child protection act. (Ord. 94-03, 2-14-1994)
5-3-2: RUNAWAYS:
A. Prohibited: It shall be a violation a misdemeanor for any person under the age of eighteen (18) years living or found in the county to be or to remain a person who has run away from his or her parents, guardian or other legal custodian., or who commits or who has committed any act or acts placing him or her beyond the control of his or her parents, guardian or other legal custodian. Upon conviction, such a minor shall be subject to the general penalties outlined in Title 1, Chapter 4 of this code, and may be held at the sheriff’s department in accordance with 5-3-1 of this code until a safe location and situation may be found for the minor. If no suitable living situation can be arranged, a petition under the child protection act may be filed.
B. Aiding Or Encouraging Prohibited: It shall be a misdemeanor for any person by any act or neglect to encourage, aid or cause any person under the age of eighteen (18) years to come within the purview of this section. (Ord. 1-74, 7-12-1974)
5-3-3: PARENTAL RESPONSIBILITY:
A. Short Title, Purpose And Applicability: This section shall be known as the GEM COUNTY PARENTAL RESPONSIBILITY ORDINANCE, adopted for the purpose of providing proper administration and enforcement of this section.
B. Definition: A "parent" is any person who is the parent, lawful guardian or other person, except a foster parent, lawfully charged with the care or custody of a child under sixteen (16) years of age.
C. Failure To Supervise A Child: Any person who is the parent, lawful guardian, or other person, except a foster parent, lawfully charged with the care or custody of a child under sixteen (16) years of age commits the offense of failure to supervise a child if the child commits any of the following acts:
1. Commits an act to bring the child within the purview of the juvenile corrections act, chapter 5, title 20, Idaho Code or commits a crime for which the child is required to be tried as an adult, or for which jurisdiction under the juvenile corrections act is subject to waiver pursuant to chapter 5, title 20, Idaho Code; or
2. Fails to attend school or is not comparably instructed as provided in section 33-202 Idaho Code; or
3. Violates a curfew law of Gem County.
D. Exceptions: A person shall not be prosecuted under this section if the person demonstrates any of the following:
1. The person is the victim of the crime charged, whether under chapter 5, title 20 of the Idaho Code, or whether the child is tried as an adult; or
2. The person reported the act of the child to the law enforcement agency, the juvenile court, the department of health and welfare or other appropriate authority; or
3. The person took reasonable steps to control the conduct of the child at the time the person is alleged to have failed to supervise the child.
E. First Offense Warning: When a child commits any of the acts set forth in subsection C of this section for the first time and the provisions of subsection D of this section do not apply, the parents, lawful guardian, or other person lawfully charged with the care and custody of the child, may be advised by an officer of the Gem County sheriff's department of the content of this section and the penalties for violation of this section. This advisement shall be made by serving a copy of the ordinance codified herein upon the offender. Documentation of this service shall be recorded by the Gem County sheriff's department.
F. Second Or Subsequent Offense: When a child commits any of the acts set forth in subsection C of this section after the parents, lawful guardian or other person lawfully charged with the custody of the child have been served with an advisement as set out in subsection E of this section and the provisions of subsection D of this section do not apply, a citation or summons may be issued to the parent, lawful guardian or other person lawfully charged with the care or custody of that child unless the person with lawful custody is a foster parent. The citation or summons shall set a date for appearance in the magistrate division of the district court.
G. Penalty: If the person pleads guilty or is found guilty of the offense of failure to supervise a child for the first time, the person shall be warned of the penalty for any future conviction of failure to supervise a child. If the person pleads guilty or is found guilty of the offense of failure to supervise a child for the second or subsequent time, the person shall be declared guilty of a misdemeanor and be subject to the following penalty:
1. A fine of not more than one thousand dollars ($1,000.00). In lieu of the fine, the court, with the consent of the person convicted or pleading guilty, may order the person to complete parenting classes or undertake other treatment or counseling to the satisfaction of the court, the person may be discharged. If this person fails to complete the classes, treatment or counseling to the satisfaction of the court, the court may order payment of a fine not more than one thousand dollars ($1,000.00); and
2. The court may order the person to pay restitution or make any victim who suffers an economic loss as a result of the juvenile's conduct in accordance with the standard and requirements of sections 19-5304 and 19-5305, Idaho Code. Said restitution shall not exceed the amount of two thousand five hundred dollars ($2,500.00).
3. Any person who violates an order of the court entered under this section shall be subject to contempt proceedings in accordance with chapter 6, title 7, Idaho Code. The contempt proceedings and penalty for any contempt found shall be in addition to and in substitution for any other penalties authorized pursuant to this section. (Ord. 2000-07, 3-20-2000)
5-3-3: BEYOND CONTROL:
Prohibited: It shall be a violation for any person under the age of eighteen (18) to be declared beyond control of his/her parent, guardian or legal custodian, which declaration may be made when such person disobeys reasonable rules, orders, directions or expectations of his/her parent, guardian or legal custodian, or engages in behavior that is unruly, unmanageable or incorrigible, and such disobedience or behavior is persistent, frequent or severe.
5-3-4: PARENTAL RESPONSIBILITY:
A. Short Title, Purpose And Applicability: This section shall be known as the GEM COUNTY PARENTAL RESPONSIBILITY ORDINANCE, adopted for the purpose of providing proper administration and enforcement of this section.
B. Definition: A "parent" is any person who is the parent, lawful guardian or other person, except a foster parent, lawfully charged with the care or custody of a child under sixteen (16) years of age.
C. Failure To Supervise A Child: Any person who is the parent, lawful guardian, or other person, except a foster parent, lawfully charged with the care or custody of a child under sixteen (16) years of age commits the offense of failure to supervise a child if the child commits any of the following acts:
1.Fails to attend school or is not comparably instructed as provided in section 33-202 Idaho Code; or
2. Violates a curfew, beyond control or runaway law of Gem County.
D. Exceptions: A person shall not be prosecuted under this section if the person demonstrates any of the following:
1. The person is the victim of the crime charged, whether under chapter 5, title 20 of the Idaho Code, or whether the child is tried as an adult; or
2. The person reported the act of the child to the law enforcement agency, the juvenile court, the department of health and welfare or other appropriate authority; or
3. The person took reasonable steps to control the conduct of the child at the time the person is alleged to have failed to supervise the child.
E. First Offense Warning: When a child commits any of the acts set forth in subsection C of this section for the first time and the provisions of subsection D of this section do not apply, the parents, lawful guardian, or other person lawfully charged with the care and custody of the child, shall may be advised by an officer of the Gem County sheriff's department of the content of this section and the penalties for violation of this section. This advisement shall be made by serving a copy of the ordinance codified herein upon the offender. Documentation of this service shall be recorded by the Gem County sheriff's department.
F. Second Or Subsequent Offense: When a child commits any of the acts set forth in subsection C of this section after the parents, lawful guardian or other person lawfully charged with the custody of the child have been served with an advisement as set out in subsection E of this section and the provisions of subsection D of this section do not apply, a citation or summons may be issued to the parent, lawful guardian or other person lawfully charged with the care or custody of that child unless the person with lawful custody is a foster parent. The citation or summons shall set a date for appearance in the magistrate division of the district court.
G. Penalty: 1. If the person pleads guilty or is found guilty of the offense of failure to supervise a child, they shall be subject to the general penalties outlined in Title 1, Chapter 4 of this code.
2. The court may order the person to pay restitution or make any victim who suffers an economic loss as a result of the juvenile's conduct in accordance with the standard and requirements of sections 19-5304 and 19-5305, Idaho Code. Said restitution shall not exceed the amount of two thousand five hundred dollars ($2,500.00).
3. Any person who violates an order of the court entered under this section shall be subject to contempt proceedings in accordance with chapter 6, title 7, Idaho Code. The contempt proceedings and penalty for any contempt found shall be in addition to and in substitution for any other penalties authorized pursuant to this section. (Ord. 2000-07, 3-20-2000)
TITLE 5 CHAPTER 4
FIREARMS, DANGEROUS OR DEADLY WEAPONS
5-4-1: DISCHARGE OF FIREARM:
A. Prohibited: No person in the unincorporated area of the county shall, except in defense of person or property, or as consistent with Idaho Code 18-3302J, discharge any firearm upon or across any county road or highway, and no person in the unincorporated area of the county shall, except in defense of person or property, discharge any firearm within a platted subdivision, townsite, park, campsite, or school ground.
B. Penalty: Violation of this section shall be a misdemeanor and upon conviction, shall be punished by no more than a three hundred dollar ($300.00) fine or up to six (6) months in the county jail, or both. (Ord. 93-01, 12-7-1992)
TITLE 5 CHAPTER 5
DOGS
5-5-8: UNIFORM SUMMONS; PENALTY:
A. Violation: Unless specifically provided otherwise, a violation of this chapter shall be subject to the general penalties outlined in Title 1, Chapter 4 of this code.
an infraction. However, individuals charged with a third and/or subsequent violation(s) of this chapter other than section 5-5-4, "Dogs At Large", of this chapter, may be charged with a misdemeanor.
B. Citation: The Idaho uniform citation shall be used by the sheriff or the sheriff's designee in the enforcement of this chapter. (Ord. 2012-02, 1-3-2012)
TITLE 6 CHAPTER 2
SNOWMOBILES
6-2-3: PENALTY:
Any person who shall be found guilty of having violated any provision of this chapter shall be punished subject to the general penalties outlined in Title 1, Chapter 4 of this code. by a fine of not to exceed three hundred dollars ($300.00) or by imprisonment not to exceed six (6) months or by both such fine and imprisonment. (Ord. 2-73, 2-13-1973)
TITLE 6 CHAPTER 3
BOATING REGULATIONS
6-3-2: SQUAW CREEK; NO WAKE ZONE:
A. Short Title: This section shall be known as the NO WAKE ORDINANCE.
B. Definitions: As used in this section, the following words and terms shall have the following meanings. Words or terms not defined herein shall have their ordinary meanings.
COUNTY: Gem County, Idaho.
WAKE: A speed whereby there is white water in the track or path of the vessel or in created waves immediate to the vessel.
WATERCRAFT: Any vessel used or capable of being used as a means of transportation on water.
C. Findings: The board of county commissioners has determined that it is in the best interest of the citizens of Gem County and those who wish to use and enjoy the waterways of Gem County to institute a no wake zone on certain waters within Gem County, Idaho.
D. No Wake Zone: At the effective date hereof, it shall be unlawful for any person to operate a watercraft on Squaw Creek from its confluence with the slackwater of Black Canyon reservoir, upstream in such a manner as to create a "wake" as defined herein.
E. Posting: The county shall clearly post the area which is the subject of this section with warning signs which give notice to a person entering the area that it is a "No Wake Zone".
F. Enforcement: This section shall be enforceable by any officer of the Gem County sheriff's department or any officer of the Idaho department of parks and recreation.
G. Penalty: Any person who violates any provision of this section shall be punished subject to the general penalties outlined in Title 1, Chapter 4 of this code guilty of a misdemeanor punishable as provided in section 1-4-1 of this code. (Ord. 99-05, 5-10-1999, eff. 5-24-1999; amd. 2002 Code)
TITLE 7 CHAPTER 1
COUNTY PROPERTY USE RESTRICTIONS
7-1-2: WORM PROBES:
A. Prohibited Acts: It shall be unlawful for any person to utilize worm probes, chemicals or any other method of device to take, collect or gather worms or nightcrawlers from any property owned, leased or under the control of the county.
B. Possession Prohibited: It shall be considered a violation of this section if a person has in their possession worm probes or any other device commonly used in the collection or gathering of worms or nightcrawlers upon property that is owned, leased or under the control of the county, and such worm probes or other devices are placed into or on the ground, regardless of whether such devices are plugged in or not.
C. Penalty: Violation of this section shall result in the violator receiving a written warning on the first offense. Such written warning shall indicate the date, approximate time and a description of the violation. The written warning shall be served upon the person violating this section by a law enforcement officer. Any subsequent violations of this section shall be a misdemeanor and shall subject the violator to the penalties described in Idaho Code section 18-113. be subject to the general penalties outlined in Title 1, Chapter 4 of this code.
TITLE 7 CHAPTER 2
GEM ISLAND SPORTS COMPLEX
7-2-9: PENALTY:
Unless specified otherwise, violation of any of the provisions of this chapter shall be considered a misdemeanor and shall subject the offender to a fine of up to one thousand dollars ($1,000.00), incarceration in the Gem County Jail for up to one year, or both fine and jail.
be subject to the general penalties outlined in Title 1, Chapter 4 of this code. (Ord. 2012-03, 7-23-2012)
TITLE 7 CHAPTER 3
GEM COUNTY FAIRGROUNDS RECREATIONAL VEHICLE PARK
7-3-4: PENALTY:
Any person violating any of the provisions of this chapter shall be deemed guilty of a misdemeanor and, upon conviction thereof, shall be fined in any sum not exceeding three hundred dollars ($300.00), or by imprisonment in the county jail for a term not exceeding six (6) months, or by both such fine and imprisonment. subject to the general penalties outlined in Title 1, Chapter 4 of this code. (Ord. 97-08, 8-18-1997, eff. 9-4-1997; amd. Ord. 2020-01, 2-10-2020)
TITLE 7 CHAPTER 4
BARKER ISLAND
7-4-3: PENALTY:
Violation of this chapter is a misdemeanor punishable by a fine of up to three hundred dollars ($300.00) or incarceration in the county jail for up to six (6) months, or both. shall be subject to the general penalties outlined in Title 1, Chapter 4 of this code (Ord. 98-02.1, 12-15-1997).
TITLE 8 CHAPTER 1
SEWER REGULATIONS
TITLE 8
SANITARY CODE
SANITARY CODE
CHAPTER 1
SEWER REGULATIONS
SEWER REGULATIONS
SECTION:
8-1-1: Authority
8-1-2: Purpose
8-1-3: Definitions
8-1-4: Prohibited Conditions
8-1-5: Standards Of Maintenance
8-1-6: Removal, Transportation Or Disposal Of Sewage, Sewage Sludge Or Human Excrement
8-1-7: Nuisance Declared
TITLE 8 CHAPTER 2
NUISANCE AND PENALTY
TITLE 8
SANITARY CODE
CHAPTER 2
NUISANCE AND PENALTY
NUISANCE AND PENALTY
SECTION:
8-2-1: Nuisance Declared
8-2-2: Penalty
8-2-1: NUISANCE DECLARED:
The violation of any health regulation promulgated by the board is declared to be an unhealthy nuisance. (Approved 12-27-1971)
8-2-2: PENALTY
The penalty for any violation of this Title is in accordance with the penalties outlined in 1-4-1 Title 39, Chapter 4 of Idaho Code, or if no penalty there exists, a general misdemeanor as outlined in Idaho Code 18-113.
TITLE 9 CHAPTER TWO
MOBILE HOMES
9-2-1: ASSESSMENT STICKER:
A. Required: The county assessor or his deputy, after having assessed a mobile home located in the county, shall furnish to the owner or occupant of such mobile home an emblem or sticker, which emblem or sticker shall be printed and furnished at county cost, to the owner or occupant of such mobile home, or shall affix such emblem or sticker to such mobile home, and such emblem or sticker shall be affixed so that it shall be visible from the public roadway, and such emblem or sticker shall designate that said mobile home has been assessed for that year.
B. Penalty: It shall be unlawful and punishable as a misdemeanor by fine of not to exceed three hundred dollars ($300.00) or by imprisonment in the county jail of not to exceed six (6) months, or of both such fine and imprisonment, for any person to occupy or own a mobile home in the county for a continuous period in excess of seventy two (72) hours without having displayed, the emblem or sticker described in subsection A of this section. A violation of this section shall be subject to the general penalties outlined in Title 1, Chapter 4 of this code. (Ord. 1-73, 1-22-1973, eff. 3-1-1973)
TITLE 10 CHAPTER 2
EMMETT AREA OF CITY IMPACT
10-2-7: ENFORCEMENTS:
The provisions of this chapter and the agreement to implement it may be enforced by either the city of Emmett or Gem County through legal action initiated to require specific performance with the terms of this chapter or other appropriate legal action. Violation of this chapter by one subject to its jurisdiction shall be punishable by the penalties outlined in 1-4-1. authorized to be imposed upon those found guilty of a misdemeanor crime, including the authorized fine, imprisonment or both. Violators may also be subject to civil legal action intended to compel compliance with the provision of this chapter. (Ord. 98-04, 1-12-1998, eff. 2-9-1998; amd. Ord. 2007-19, 11-19-2007)
TITLE 11 CHAPTER 14
ENFORCEMENT
11-14-11: PENALTY:
A. Violation: Violation of any of the provisions of this title, or failure to comply with any of its requirements shall constitute a misdemeanor. Each day such violation continues shall be considered a separate offense. be subject to the general penalties outlined in Title 1, Chapter 4 of this code.
B. Injury Or Damage: Further, any person who violates this title and as a result of that violation causes injury or damage to another person or property shall pay full restitution to the injured or damaged person.
C. Separate Offense: The landowner, tenant, subdivider, builder, public official or any other person who commits, participates in, assists in, or maintains such violation may be found guilty of a separate offense.
D. Additional Remedies: Nothing herein contained shall prevent the board or any other public official or private citizen from taking such lawful action as is necessary to restrain or prevent any violation of this title or of the Idaho Code. (Ord. 2009-05, 9-28-2009)
11-14-12: ENFORCEMENT:
The prosecuting attorney shall make the determination as to whether an individual shall be charged with a misdemeanor for a violation of the terms of this title. In addition, the prosecuting attorney, after consultation and agreement by the board of commissioners, shall have the authority to take any actions available at law or in equity to civilly address any violations of this title. Such actions might include, but are not limited to, injunctions, restraining orders, or other forms of relief. Nothing in this title shall require the prosecuting attorney or the board of commissioners to proceed either criminally or civilly against a person alleged to have violated this title. (Ord. 2009-05, 9-28-2009)
TITLE 12 CHAPTER 1
AUTHORITY, APPLICABILITY AND AMENDMENTS
12-1-8: ENFORCEMENT AND PENALTIES:
It shall be the duty of the administrator or his/her designees to enforce the provisions of this title.
No owner or agent of the owner of any parcel of land located in a proposed subdivision shall transfer or sell any part of the parcel before a final plat of the subdivision has been approved by the board and filed with the Gem County recorder in accordance with this title and Idaho Code title 50, chapter 13.
No building permit shall be issued for the construction of any building or structure on a lot or plat that has been created or sold in violation of the provisions of this title, nor shall Gem County have any obligation to issue certificates of occupancy to any parcel created or established in violation of this title.
Violations of the provisions of this title shall constitute a misdemeanor, punishable up to the maximum allowed by Idaho law per violation, with each day such violation continues constituting a separate offense be subject to the general penalties outlined in Title 1, Chapter 4 of this code. Gem County shall have recourse to such civil remedies in law and equity as may be necessary to ensure compliance with the provisions of this title. (Ord. 2009-06, 9-28-2009)
TITLE 13 CHAPTER 3
GENERAL PROVISIONS
13-3-8: PENALTIES FOR VIOLATION:
No structure or land shall hereafter be located, extended, converted, or altered unless in full compliance with the terms of this title and other applicable regulations.
Violation of the provisions of this title or failure to comply with any of its requirements, including violation of conditions and safeguards established in connection with grants of variance or special exceptions, shall constitute a misdemeanor. Any person who violates this ordinance or fails to comply with any of its requirements shall, upon conviction thereof, be fined or imprisoned in accordance with Idaho Code 18-113. Each day the violation continues shall be considered a separate offense. be subject to the general penalties outlined in Title 1, Chapter 4 of this code. Nothing herein contained shall prevent Gem County from taking such other lawful actions as is necessary to prevent or remedy any violation. (Ord. 2017-02, 3-6-2017; amd. Ord. 2021-09, 8-16-2021)
APPROVED AND ADOPTED THIS _______ DAY OF JUNE, 2022.
BOARD OF GEM COUNTY COMMISSIONERS
By: ______________________________________
Mark Rekow, Commissioner
By: ______________________________________
Bill Butticci, Commissioner
By:_ _____________________________________
Bryan Elliott, Commissioner
ATTEST:
_______________________________
Shelly Tilton, Gem County Clerk