Ordinance No. 288-294

ORDINANCE NO. 294

AN ORDINANCE CREATING IDAHO CITY CODE TITLE 6, CHAPTER 5, SECTIONS 6-5-1 THROUGH 6-5-9, TO AUTHORIZE THE REMOVAL OF JUNK, ABANDONED AND UNATTENDED OR UNLAWFUL STANDING VEHICLES; TO AUTHORIZE THE REMOVAL OF UNATTENDED VEHICLES UPON STREETS OR PUBLIC PLACES WHERE SUCH VEHICLE OBSTRUCTS TRAFFIC OR CREATES HAZARD, TO AUTHORIZE THE REMOVAL OF VEHICLES ABANDONED ON ANY STREET OR PUBLIC PLACE FOR MORE THAN TWENTY-FOUR HOURS, TO AUTHORIZE AUTHORITIES TO IMPOUND AND TAKE INTO THEIR CUSTODY CERTAIN VEHICLES AND TO PROVIDE THE PROCEDURE THEREFOR, TO CREATE A LIEN ON PROPERTY FOR THE COST OF REMOVAL, STORAGE, OR OTHER COSTS ASSOCIATED WITH ENFORCEMENT OF TITLE 6, CHAPTER 5, TO MAKE IT UNLAWFUL AND A MISDEMEANOR FOR ANY PERSON TO CAUSE A VEHICLE TO BE IN VIOLATION OF TITLE 6, CHAPTER 5.

BE IT ORDAINED by the Mayor and City Council of the City of Idaho City, Idaho, as follows:

SECTION 1. That the City Code of Idaho City Title 6, Chapter 5, Sections 6-5-1 through 6-5-9 be, and the same is, hereby enacted to read as follows:

6-5-1: JUNK VEHICLES:

6-5-1-1 DEFINITION: An abandoned, wrecked, dismantled or inoperative vehicle or part thereof, hereinafter called a junk motor vehicle, shall be defined as an unsightly motor vehicle or a part or parts therefrom, and which meets the following qualifications:

A. It does not carry a current, valid State registration and license plates, and cannot be safely operated under its own power; or

B. It is not in a garage or other building or concealed from public view; or

C. It does not have a reasonable amount of accessory equipment.

The vehicle must meet one of the above qualifications before it can be classified as an abandoned, wrecked, dismantled or inoperative vehicle.

6-5-1-2 NUISANCE DECLARED: The accumulation and storage of abandoned, wrecked, dismantled or inoperative vehicles or parts thereof on private or public property is hereby found to create a condition tending to reduce the value of private property, to promote blight and deterioration, to invite plundering, to create fire hazards, to constitute an attractive nuisance creating a hazard to health and safety of minors, to create a harborage for rodents, insects and cats to be injurious to the health, safety and general welfare. Therefore, the presence of an abandoned, wrecked, dismantled or inoperative vehicle or parts thereof on private or public property except as expressly hereinafter permitted is hereby declared to constitute a public nuisance which may be abated as such in accordance with the provisions of this section.

ORDINANCE NO. 294 AS AMENDED 6/25/02 - PAGE 1

6-5-1-3 JUNK VEHICLES RESTRICTED: It shall be unlawful and a misdemeanor for any person or persons to maintain a junk motor vehicle, junk vehicles or junk parts thereof on residential property or business property exposed to the public view for a period of more than thirty (30) days.

6-5-1-4 REMOVAL AND DISPOSITION OF JUNK VEHICLES:

A. Notice to Remove: Upon a verified complaint from a property owner within 300 feet of any junk motor vehicle, junk vehicles or parts thereof, any member of the Marshal's Office may order any junk motor vehicle, junk vehicles, or parts thereof, removed within (10) days.

Notice of such order shall be placed upon said junk motor vehicle, junk vehicle or parts thereof. Copies of said notice shall be served upon any adult occupying the real estate upon which the junk motor vehicle, junk vehicle or parts thereof are located, and upon the owner of the junk, if known. If no occupant of the real estate or owner of the junk vehicle, junk motor vehicle or parts thereof can be found, a notice affixed to any building on the real estate shall constitute notice to the owner or occupant of the real estate and to the owner of the junk motor vehicle, junk vehicle or parts thereof. If there is no building on the real estate, said notice may be affixed elsewhere on the realty.

B. Failure to Remove Unlawful: It shall be unlawful and a misdemeanor for any person to fail and refuse to remove an abandoned, wrecked, junk motor vehicle, junk vehicles or parts thereof, or refuse to abate such nuisance when ordered to do so in accordance with the provisions of this Section.

C. Impoundment by City; Public Sale: If said junk motor vehicle, junk vehicles or parts thereof are not removed within the time so fixed, the Marshal's Office may cause said junk motor vehicle, junk vehicles or parts hereof to be removed at the expense of the owner for sale to the highest and best bidder for public action, to be held not later than ten (10) days after one publication and notice of such sale, to be published in a local newspaper. The proceeds from such sale shall be used to pay towing expense and rental in impounding yard where said junk motor vehicles, junk vehicles or parts thereof are held. In the event the sale of the impounded junk motor vehicle, junk vehicles or parts thereof fails to produce enough revenue to pay the towing and impounding charges, the balance will be due and payable immediately by the owner of said junk motor vehicle, junk vehicle or junk parts.

D. Non-liability of City: The Marshal's Office and the City shall not be liable or responsible for any damages, theft or deterioration caused to said junk vehicles or junk parts during any period of time that the Marshal's Office has taken such personal property into custody, or during any such period of time such junk vehicles or junk parts are held in said impounding yard.

6-5-1-5 INTERFERENCE WITH CITY OFFICERS PROHIBITED: It shall be unlawful and a misdemeanor to interfere with, hinder or refuse to allow any authorized City officer or employee to enter upon private or public property to enforce the provisions of this Section.

6-5-1-6 EXEMPTIONS FROM PROVISIONS: This Section shall not apply to:

ORDINANCE NO. 294 AS AMENDED 6/25/02 - PAGE 2

A. A vehicle or part thereof which is completely enclosed within a building in a lawful manner where it is not visible from the street or other public or private property; or

B. A vehicle or part thereof which is concealed and not visible from the street or other public or private property by way of landscaping, including earth berms, privacy screens, fencing, trees and/or shrubbery. If fencing is utilized, it shall be a minimum of 6 feet high and not more than 8 feet high.

C. A vehicle or part thereof which is stored or parked in a lawful manner on private property in connection with the business or a licensed dismantler, licensed vehicle dealer, a junk dealer, or when such storage or parking is necessary to the operation of a lawfully conducted business or commercial enterprise; or

D. A bona fide antique vehicle being kept or stored because of its value and utility as an antique vehicle. The Marshal shall make a determination as to whether any vehicle claimed to be an antique is a bona fide antique. If the owner of the vehicle is not satisfied with the decision of the Marshal, then said owner may appeal to the City Council for a final decision settling the question.

6-5-2 ABANDONED, WRECKED VEHICLES:

6-5-2-1 DEFINITIONS: When used in this Section, the following words and terms shall have the meanings herein ascribed to them:

MARSHAL'S OFFICE Refers to the Marshal's Office of the City Of Idaho City, Idaho, equivalent to the Office of the Chief of Police.

WRECKED VEHICLE Any motor vehicle lacking ordinary maintenance and care to such a degree as to render such vehicle immobile and said vehicle having remained in an immobile condition for a minimum period of fourteen (14) continuous days. For the purposes of this Section, flat tires and like impediments to ordinary use of a motor vehicle shall be deemed to place a car in an immobile condition.

6-5-2-2 ABANDONMENT OF VEHICLES: It shall be unlawful and a misdemeanor for any person to leave or park any abandoned vehicle or wrecked vehicle upon any street, alley or public property within the City.

6-5-2-3 IMPOUNDMENT AND DISPOSITION OF ABANDONED, WRECKED VEHICLES:

A. Impoundment; Costs: The Marshal's Office of the City shall have the authority to take into its custody and to impound any stolen, abandoned, unidentified or wrecked vehicle located

ORDINANCE NO. 294 AS AMENDED 6/25/02 - PAGE 3

or parked on any street, alley, public road or public property located within the City. The impounded vehicles shall be placed at such places as may be designated by the Marshal's Office. All costs and expenses of towing, keeping and storage of such vehicle shall be assessed by the Marshal's Office against the vehicle, and such costs shall constitute a lien in favor of the City upon and against such vehicle.

B. Redemption of Impounded Vehicles: Any person claiming ownership of any vehicle impounded under the provisions of this Section shall make written application to, and furnish such proof of ownership as may be required by the Marshal's Office. The Marshal's Office shall deliver such vehicle to the owner upon the payment of all costs assessed against such vehicle, and shall deliver all monies collected, together with the claim of ownership and the Marshal's Office's disposition noted thereon, to the City Clerk.

C. Sale; Redemption After Sale: All vehicles impounded by the Marshal's Office under the provisions of this Section which are unredeemed within a period of thirty (30) days from the date of impounding, shall be subject to sale by the Marshal to the highest bidder for cash in the manner provided by this section. The proceeds of any such sale shall be applied first to the payment of all costs assessed against the vehicle, and the balance of the proceeds, if any, shall be deposited with the Clerk and kept by him in an appropriate fund for a period of one year from date of receipt. Any person claiming title to or ownership of such proceeds by reason of ownership of the vehicle prior to sale by the Marshal, shall make written application therefor to the Clerk and Marshal's Office, and shall furnish therewith such proof of ownership as may be required by the Clerk and Marshal's Office. If satisfactory proof of such title ownership is furnished within one year of the date of the receipt of such proceeds by the Clerk, then such proceeds shall be returned to the claimant; otherwise, the same shall be credited to the General Fund of the City, and no claim therefor shall thereafter be entertained.

D. Notice of Sale: Whenever any vehicle shall be sold under the provisions of this Section, the Marshal shall first give notice thereof by publication in at least three (3) issues of the official newspaper, the first of such publications to be at least ten (10) days prior to the date of the sale. The notice shall contain a description of the property to be sold, the time and place of sale, that all bids shall be for cash to the highest bidder, and that the City reserves the right to reject any or all bids. Upon payment of the bid price, the Marshal shall execute and deliver a bill of sale to the purchaser of such vehicle.

6-5-3 UNLAWFUL STANDING OF VEHICLES; REMOVAL: Whenever any law enforcement officer finds a vehicle standing upon a street, roadway or public place in violation of any of the provisions of this chapter, such officer is hereby authorized to remove such vehicle, or require the driver or other person in charge of the vehicle to move the same to a location that would not be a violation of this chapter.

6-5-4: UNATTENDED VEHICLES; REMOVAL: Whenever any law enforcement officer finds a vehicle unattended upon the street, road or public place where such vehicle constitutes an obstruction to traffic or is illegally or hazardously parked, such officer is hereby authorized to provide for the removal of such vehicle to the nearest garage or other place of safety.

ORDINANCE NO. 294 AS AMENDED 6/25/02 - PAGE 4

6-5-5: ABANDONED VEHICLE; TIME LIMIT: Whenever any vehicle shall be left unattended for more than twenty-four (24) hours on any street, road or public place, any law enforcement officer may provide for the removal of such a vehicle to the nearest available garage or place of safety.

6-5-6: IMPOUNDMENT; PROCEDURE: The Marshal's Office and any officer thereof shall have the authority to take into its or their custody, and to impound, any stolen, abandoned, unidentified, wrecked or illegally or hazardously parked vehicle at and upon the public streets, roads, ways and public places within the City. Upon such removal the Marshal's Office shall send a notice by certified mail to every owner and lienholder listed on the certificate of title on file with the Idaho Department of Law Enforcement. If no certificate of title is on file with the Department of Law Enforcement, then the notice shall be sent to the apparent owners as determined by the registration certificate or other identification found in the vehicle; but if no identification of the owner can be found in the vehicle, no notice needs to be given. The notice shall include:

A. the make, year, model and license plate number of the vehicle;

B. the approximate place where the vehicle was found;

C. The place to which the vehicle was removed; and

D. A statement that the vehicle can be sold for removal and storage charges if not claimed within thirty (30) days from the date of mailing of the notice.

6-5-7: LIEN; SALE OF VEHICLE: Any person, partnership, firm, company, corporation or association who shall remove, store or keep any such vehicle at the request of the Marshal's Office or any officer thereof shall have a lien on such vehicle for the reasonable value of such services. Such lien shall be superior and prior to any mortgage or title retaining contract on such vehicle, and if such charges are not paid within thirty (30) days after mailing of the notice required by Section 6-5-4 hereof, the person, partnership, company, firm, corporation or association performing said services may proceed to sell said vehicle at public auction by giving ten (10) days notice of the sale by advertising in the official newspaper of Idaho City, which notice shall contain a description of the property to be sold, the time and place of sale and the terms and conditions of the sale. The proceeds of the sale must be applied to the discharge of the lien and costs, and the remainder, if any, must be paid over to the owner of the vehicle.

6-5-8: UNLAWFUL PARKING, STOPPING OF VEHICLES: It shall be unlawful for any person to leave any vehicle in violation of this chapter, or to park or leave a vehicle unattended upon any road, street or public place where such vehicle may constitute an obstruction to traffic or to leave or park any vehicle illegally or hazardously upon any street, road or public way within the City.

6-5-9 VIOLATION; PENALTY: Any person who shall violate the provisions of this Section shall be deemed guilty of a misdemeanor, and upon conviction thereof, shall be punished accordingly

ORDINANCE NO. 294 AS AMENDED 6/25/02 - PAGE 5

SECTION 2. That all ordinances or parts of ordinances in conflict herewith are hereby repealed.

SECTION 3. That this ordinance shall be in full force and effect upon passage, approval and publication according to law.

PASSED BY THE COUNCIL of the City of Idaho City this 23rd day of July, 2002.

APPROVED BY THE MAYOR of the City of Idaho City this 23rd day of July, 2002.

Mayor

ATTEST:

City Clerk

ORDINANCE NO. 294 AS AMENDED 6/25/02 - PAGE 6

Adopted 7/23/02

ORDINANCE NO. 293

AN ORDINANCE OF THE CITY OF IDAHO CITY, BOISE COUNTY, IDAHO, AMENDING CHAPTER 1 (WATER REGULATIONS), TITLE 9 (WATER AND SEWER), REMOVING SPECIFIC DESIGNATED SPECIAL USERS (9-1-19 B 1a) AND PROVIDING FOR THE PASSAGE BY RESOLUTION SPECIFIC DESIGNATED SPECIAL USERS, AND PROVIDING FOR AN EFFECTIVE DATE.

WHEREAS, The City Council finds there is a need to amend the water and sewer ordinance to provide the City Council the opportunity to designate special users and establish appropriate rates based on such user consumption, to provide for equitable treatment toward designated special users and to provide for the efficient management of Idaho City business;

NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF IDAHO CITY, IDAHO:

SECTION 1. That Section 9-1-19 B 1a (1-2) (Designated Special Users) be amended by deleting paragraphs (1-2), more specifically "Forest service facility", and "Shadow mountain" respectively, and replacing it with the following paragraph:

(1) Designated special users shall be determined by the City Council and adopted by resolution of the City Council. A copy of designated special users will be on file in the City Clerk's Office.

SECTION 2. That Section 9-1-19 B 1a (3) be amended by renumbering as (2), in accordance with the above amendment.

SECTION 3. That all ordinances or parts of ordinances in conflict herewith are hereby repealed.

SECTION 4. That this ordinance shall be in full force and effect upon passage, approval and publication according to law.

PASSED BY THE COUNCIL of the City of Idaho City this 26th day of March, 2002.

APPROVED BY THE MAYOR of the City of Idaho City this 26th day of March, 2002.

Phillip J. Canody, Mayor

ATTEST:

Beth A. Wilson, City Clerk

ORDINANCE NO. 292

AN ORDINANCE OF THE CITY OF IDAHO CITY, BOISE COUNTY, IDAHO, CREATING CHAPTER 9 (CITY OFFICERS AND EMPLOYEES), TITLE 1 (ADMINISTRATION), PROVIDING FOR THE APPOINTMENT OF CITY OFFICIALS BY THE MAYOR AND PROVIDING FURTHER FOR THE PROCEDURES OF CONFIRMATION BY THE CITY COUNCIL, PURSUANT TO IDAHO CODE §50-204, AND PROVIDING FOR AN EFFECTIVE DATE.

WHEREAS, The City Council finds there is a need to amend the administration ordinance regulations to provide for the appointment of City Clerk, City Attorney and City Marshal, to promote and sustain the welfare of the citizens of Idaho City and to provide for the efficient management of Idaho City business;

NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF IDAHO CITY, IDAHO:

SECTION 1. ARTICLE A. CITY CLERK/TREASURER

SECTION 2. APPOINTMENT: The City Clerk/Treasurer shall be appointed by the Mayor, subject to the confirmation of the Council. She shall hold office for the duration of her appointment unless sooner removed by the Mayor with the concurrence of the Council.

SECTION 3. POWERS AND DUTIES: The City Clerk/Treasurer shall have and perform all the duties provided by State Law, Idaho Code §50-207 and 50-208.

SECTION 4. DEPUTY CITY CLERK/TREASURER: In the event of an emergency, the Mayor may, by and with the consent of the City Council, appoint a Deputy City Clerk/Treasurer, whose duties and compensation shall be such as the Mayor and City Council may prescribe.

SECTION 5. ARTICLE B. CITY ATTORNEY

SECTION 6. APPOINTMENT: The City Attorney shall be appointed by the Mayor, subject to the confirmation of the Council. He shall hold office for the duration of his appointment unless sooner removed by the Mayor with the concurrence of the Council.

SECTION 7. SUITS AND ACTIONS: The City Attorney shall prosecute or defend any and all suits or actions at law or equity to which the City may be a party, or in which it may be interested, or which may be brought against or by any officer of the City on behalf of the City, or in the capacity of such person as an officer of the City.

SECTION 8. GENERAL DUTIES: The City Attorney shall perform such duties as are prescribed by ordinance of the Council and/or by State law, together with the following:

A. It shall be the duty of the Attorney to see to the full enforcement of all judgments or decrees rendered or entered in favor of the City, and of all similar interlocutory orders. B. He shall draft or supervise the phraseology of any contract, lease or other document or instrument to which the City may be a party and, upon request of the Council, shall draft ordinances covering any subjects within the power of the City.

C. He shall attend meetings of the Council when requested so to do by the Mayor and/or Council. D. He shall submit legal opinions when requested so to do by the Mayor and Council to any City official or employee. E. He shall perform any further service, civil or criminal, required by statute or ordinance of the City.

SECTION 9 ARTICLE C. CITY MARSHAL

SECTION 10 APPOINTMENT: The City Marshal shall be appointed by the Mayor, subject to the confirmation of the Council. He shall hold office for the duration of his appointment unless sooner removed by the Mayor with the concurrence of the Council.

SECTION 11 POWERS AND DUTIES: The City Marshal shall have and perform all the duties provided by State Law, Idaho Code §50-209.

SECTION 12 REPORTS REQUIRED: The City Marshal shall make a written report monthly, giving a true account of the number of arrests made, persons arrested and the nature of the offense charged, and such further reports as may be requested by the Mayor, City Council or City Attorney.

SECTION 13 That all ordinances or parts of ordinances in conflict herewith are hereby repealed.

SECTION 14 That this ordinance shall be in full force and effect upon passage, approval and publication according to law.

PASSED BY THE COUNCIL of the City of Idaho City this 22nd day of January, 2002.

APPROVED BY THE MAYOR of the City of Idaho City this 22nd day of January, 2002.

Mayor

ATTEST:

City Clerk

ORDINANCE NO. 291

AN ORDINANCE OF THE CITY OF IDAHO CITY, BOISE COUNTY, IDAHO, AMENDING TITLE 6, CHAPTER 4, SNOWMOBILES REGULATIONS, BY THE ADDITION OF FURTHER REGULATIONS GOVERNING THE OPERATION OF SNOWMOBILES, ADDING A DEFINITION OF ALL TERRAIN VEHICLES (ATV) AND REGULATIONS GOVERNING THE OPERATION THEREOF, AMENDING THE HOURS OF USE, REMOVING THE REQUIREMENT OF THE USE OF A FLUORESCENT FLAG AND REPLACING IT WITH THE SUGGESTION OF USE, REMOVAL OF THE PROHIBITION THAT A SNOWMOBILE CANNOT BE LEFT UNATTENDED ON STREETS AND SIDEWALKS, AND PROVIDING FOR AN EFFECTIVE DATE.

WHEREAS, The City Council finds there is a need to amend the snowmobile ordinance regulations to promote the welfare of the citizens of Idaho City;

NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF IDAHO CITY, IDAHO:

SECTION 1. That the heading of Title 6, Chapter 4 (Snowmobiles) is amended by adding the word "All Terrain Vehicles".

SECTION 2. That Section 6-4-1 (Definitions) be amended by adding the definition of "All Terrain Vehicles (ATV)" with language as follows:

"All terrain vehicle" or "ATV" means any recreation vehicle with two (2) or more tires, weighing under six hundred fifty (650) pounds, less than forty-eight (48) inches in width, traveling on low pressure tires of less than five (5) psi, and designed to be ridden by one (1) person. Such vehicles shall be registered under the provisions of Idaho Code section 49-402, for operation on public highways, unless exempted under the provisions of Idaho Code section 49-426."

SECTION 3. That Section 6-4-2 A paragraph 7 (Intersections) is amended by deleting such paragraph in its entirety.

SECTION 4. That Section 6-4-2 A paragraph 8 (Public Streets) is amended by renumbering said paragraph to paragraph 7 in accordance with the above amendments, and further by adding the phrase "where possible" so the paragraph reads as follows:

"Within or upon any public street except the extreme right-hand side thereof and out of the normal traveled area of the street where possible and shall travel in single file."

SECTION 5. That Section 6-4-2 A paragraph 9 (Lights) is amended by renumbering said paragraph to paragraph 8 in accordance with the above amendments.

SECTION 6. That Section 6-4-2 A paragraph 10 (Hours of Use) is amended by renumbering said paragraph to paragraph 9 in accordance with the above amendments, and further be amended by deleting it in its entirety and replacing such paragraph with language as follows:

Hours of Use: Between the hours of twelve o'clock (12:00) A.M. and six o'clock (6:00) A.M., except for the purpose of going to or from the place of residence of the operator of said snowmobiles or to its place of storage.

SECTION 7. That Section 6-4-2 A paragraph 11 (Sidewalk or Walkway) is amended by renumbering said paragraph to paragraph 10 in accordance with the above amendments

SECTION 8. That Section 6-4-2 A paragraph 12 (Crossing Public Streets) is amended by deleting such paragraph in its entirety.

SECTION 9. That Section 6-4-2 A paragraph 13 (Passengers) is amended by renumbering said paragraph to paragraph 11 in accordance with the above amendments.

SECTION 10. That Section 6-4-2 A paragraph 14 (Pushing, Pulling or Towing) is amended by renumbering said paragraph to paragraph 12 in accordance with the above amendments.

SECTION 11. That Section 6-4-3 paragraph D (Fluorescent Flag) is amended by deleting such paragraph in its entirety and replacing such paragraph with language as follows:

Fluorescent Flag: It is suggested that all snowmobiles operated in the City be equipped with a mast or antenna displaying a red or red-orange fluorescent flag or pennant a minimum of five feet (5') above the ground; such flag or pennant should be either rectangular or triangular in shape with the leading edge being of a minimum of six inches (6") and the length a minimum of twelve inches (12").

SECTION 12. That Section 6-4-4 (Unattended Vehicle) is amended by deleting the last sentence of the paragraph in its entirety, "A snowmobile cannot be left unattended on streets and sidewalks at any time."

SECTION 13. That all ordinances or parts of ordinances in conflict herewith are hereby repealed.

SECTION 14. That this ordinance shall be in full force and effect upon passage, approval and publication according to law.

PASSED BY THE COUNCIL of the City of Idaho City this 11th day of December, 2001.

APPROVED BY THE MAYOR of the City of Idaho City this 11th day of December, 2001.

Phillip Lahody Mayor

ATTEST:

City Clerk

SUMMARY OF THE CITY OF IDAHO CITY SNOWMOBILE ORDINANCE, AS AMENDED

Ordinance No. 291

I, Beth Wilson, Idaho City Clerk, pursuant to Idaho Code 50-901A, hereby certify the following is a true and correct summary of Idaho City Ordinance No. 291:

(1) This Ordinance was passed in Idaho City, Idaho to become effective December 11, 2001.

(2) The formal title of this Ordinance shall be "Amendments to the Idaho City Snowmobile Ordinance", which Ordinance is designated in the official records of Idaho City, Idaho as Ordinance No. 291.

(3) Ordinance No. 291 is an Ordinance of the Idaho City Council, Idaho City, Idaho, providing for amendments to the Idaho City Snowmobile Ordinance, to include the addition of the "All Terrain Vehicle" in the title, by the addition and deletion of further regulations governing the operation of snowmobiles and all terrain vehicles (ATV), amending the hours of use, removing the requirement of the use of fluorescent flag replacing with the suggestion of use, and the removal of the prohibition that a snowmobile cannot be left unattended.

(4) The full text of the "Amendments to the Snowmobile Ordinance of Idaho City" is available for all persons upon request at the Idaho City Hall, Idaho City, Idaho from 8:00 a.m. to 5:00 p.m., Monday through Thursday.

(5) This notice complies with Idaho Code 50-901A and provides adequate notice to the public as required by law.

(6) Approved by the Idaho City Council on December 11, 2001.

Beth Wilson, Idaho City Clerk:

ORDINANCE # 290

APPROPRIATION ORDINANCE AMENDMENT

2000-2001 FISCAL YEAR

AN ORDINANCE OF THE CITY OF IDAHO CITY, IDAHO, AMENDING ORDINANCE NO. 282, THE APPROPRIATION ORDINANCE FOR THE FISCAL YEAR BEGINNING OCTOBER 1, 2000, AND ENDING SEPTEMBER 30, 2001: APPROPRIATING ADDITIONAL MONIES THAT WERE RECEIVED BY THE CITY OF IDAHO CITY, IDAHO IN THE SUM OF $80,059 AND PROVIDING AN EFFECTIVE DATE.

BE IT ORDAINED BY THE MAYOR AND THE CITY COUNCIL OF THE CITY OF IDAHO CITY, BOISE COUNTY, IDAHO.

SECTION 1. That Ordinance No. 282, the appropriation ordinance for the City of Idaho City, Idaho for the fiscal year commencing October 1, 2000, and ending September 30, 2001, be and the same is hereby amended as follows:

That the additional sum of $32,243 be appropriated out of the revenues from the General Fund to be used for authorized and necessary expenses.

That the additional sum of $2,150 be appropriated out of the revenues from the Street Fund to be used for authorized and necessary expenses.

That the additional sum of $45,666 be appropriated out of the revenues from the Water Fund to be used for authorized and necessary expenses.

SECTION 2. This ordinance shall be in full force and effect from and after its passage and approval.

ATTEST:

Beth A. Wilson, Clerk/Treasurer

APPROVED: September 27, 2001.

Phillip J. Canody, Mayor

PUBLISHED: October 3, 2001.

ORDINANCE # 289

ANNUAL APPROPRIATION ORDINANCE

2001-2002 FISCAL YEAR

AN ORDINANCE ENTITLED THE ANNUAL APPROPRIATION ORDINANCE FOR THE FISCAL YEAR BEGINNING OCTOBER 1, 2001, APPROPRIATING THE SUM OF $929,012 FOR SAID FISCAL YEAR, AUTHORIZING A LEVY OF SUFFICIENT TAX UPON THE TAXABLE PROPERTY AND SPECIFYING THE OBJECTS AND PURPOSED FOR WHICH SAID APPROPRIATION IS MADE.

BE IT ORDAINED by the Mayor and the City Council of the City of Idaho City, Boise County, Idaho.

Section 1: That the sum of $929,012 be, and the same is Appropriated to defray the necessary expenses and liabilities of the City of Idaho City, Boise County, Idaho for the fiscal year beginning October 1, 2001.

Section 2: The objects and purposes for which such appropriation is made, and the amount of each object and purpose is as follows:

ESTIMATED EXPENDITURES

GENERAL FUND:

Administration $11,250 Legal $2,000 Professional Services $3,200 Other Government $40,750 $57,200

STREET:

Administration $6,300 Maintenance $9,000 Lights $2,700 Other Expenses $5,350 $23,350

SEWER DEPT:

Administration $31,700 Repairs/Maintenance $3,750 Professional Services $12,600 Other Expenses $34,950 Bond & Interest $6,100 $89,100

LAW ENFORCEMENT:

Administration $40,125 Other Expenses $16,975 $57,100

FIRE DEPT:

Administration $880 Other Expenses $5,620 $6,500

WATER DEPT:

Administration $31,700 Repairs/Maintenance $2,500 Professional Services $12,600 Other Expenses $55,100 Bonds & Interest $34,000 Capital Outlay $4,500 Water Improvement Project $220,000 $360,400

PARK & REC. FUND

Park Complex $250,362 Skateboard Park $85,000 $335,362

Total Budget $929,012

Section 3: That a general tax levy on all taxable property within the City of Idaho City be levied in a amount allowed by law for the general purposes for said city for the fiscal year beginning October 1, 2001.

Section 4: All Ordinances and parts of ordinances in conflict with this ordinance are here by repealed.

Section 5: This ordinance shall take effect and be in full force upon its passage, approval and publication in one issue of the Idaho World, a Newspaper of general circulation in the City of Idaho City, and the official newspaper of said city.

DATED THIS 28th DAY OF AUGUST 2001.

ATTEST:

Beth A. Wilson, City Clerk

APPROVED:

Phillip J. Canddy, Mayor

PUBLISHED: September 5, 2001.

ORDINANCE NO. 288

AN ORDINANCE AMENDING TITLE 2, CHAPTER 2, PARKS AND RECREATION COMMISSION, OF THE CITY OF IDAHO CITY CODE

BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF IDAHO CITY, IDAHO:

SECTION 1. That Section 2-2-3 A. (Creation; Appointment) is amended by deleting the phrase "seven (7) members" and replacing it with the phrase "nine (9) members."

SECTION 2. That all ordinances or parts of ordinances in conflict herewith are hereby repealed.

SECTION 3. That this ordinance shall be in full force and effect upon passage, approval and publication according to law.

PASSED BY THE COUNCIL of the City of Idaho City this 28th day of August, 2001.

APPROVED BY THE MAYOR of the City of Idaho City this 28th day of August, 2001.

Phillip d. Canody Mayor

ATTEST:

City Clerk