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CHAPTER 09 Title 5 Litter and Weed Control CHAPTER 9 REFUSE, JUNK, LITTER AND WEED CONTROL SECTION: 5-9-1: Purpose 5-9-2: Definitions 5-9-3: Litter in Public Places 5-9-4: Deposit of Litter in Receptacles 5-9-5: Deposit of Petroleum Products 5-9-6: Littering from Vehicles 5-9-7: Dropping Material From Aircraft 5-9-8: Improper Hauling of Litter 5-9-9: Posting Notices 5-9-10: Reserved 5-9-11: Accumulation of Litter Upon Private Property 5-9-12: Removal of Weeds 5-9-13: Dumping Refuse Unlawful 5-9-14: Accumulation of Refuse 5-9-15: Canals, Right-of-Ways, Vacant Lots and Fields 5-9-16: Civil Remedy to Abate 5-9-17: Failure to Comply with Notice 5-9-18: Citation to Appear 5-9-19: Failure to Appear 5-9-20: Special Assessments 5-9-21: Junk, Keeping and Storage of Restricted 5-9-22: Civil and Criminal Remedies 5-9-23: Violations and Penalties 5-9-1: PURPOSE: The accumulation of waste, refuse, trash, garbage, rubbish, litter, and other deleterious substances upon public and private property and in streets and alleys within the City detracts from the appearance of the City and reduces property values. The accumulation of such waste also increases the spread of contagious diseases and infections, and creates a health and safety hazard to children. It is necessary for the preservation of health, safety, sanitation and the public welfare that proper and adequate regulations be adopted to require property owners, tenants and all persons having control of real property and the storage, disposal and accumulation of waste, to remove and dispose of such waste in the manner specified in this chapter. 5-9-2: DEFINITIONS: For the purposes of this chapter, certain terms shall have the meanings ascribed below: AIRCRAFT: Any craft designed for navigation or flight in air. Title 5, Chapter 9 Page 1 of 9 Revised 01-28-2020 CONTAINMENT: Halting the spread of a weed infestation beyond specified boundaries. As used in this chapter, normally considered within the property boundaries of an owner/occupant CONTROL: Any or all of the following: prevention, rehabilitation, eradication or modified treatments. DIRECTOR: The Director of the State of Idaho Department of Agriculture or the Director’s designated agent. ERADICATION: The elimination of a noxious weed based on absence as determined by a visual inspection by the control authority during the current growing season. GARBAGE: Any waste resulting from the preparation, cooking, consumption or handling of food or other edible substance, whether for human or animal consumption, including without limitation, waste from the handling, storage and sale of produce. HANDBILL: Any printed or written matter, sample, circular, leaflet, pamphlet, booklet, or any other printed literature of any kind. JUNK: Any waste consisting of any mechanical appliance, vehicle, machinery, equipment or apparatus, or any parts therefrom, including without limitation, all non-functional appliances, automobiles, automobile parts, recreational vehicles, boats, snowmobiles, motorcycles, farming and construction equipment. LITTER: Garbage, junk and, refuse as defined herein. NOXIOUS WEED: Any plant having the potential to cause injury to public health, crops, livestock, land or other property; and which is designated as noxious by the director. OCCUPANT: Any person having control, possession or charge over real property. OWNER: Any person having a fee ownership in real property. PREVENTION: Any action that reduces the potential for the introduction or establishment of a plant species in areas not currently infested with that species; or any action that deters the spread of noxious weeds. REHABILITATION: The processes of reconditioning formerly weed infested land to a productive or desirable condition. REFUSE: All waste of any kind or nature, including, but not limited to, wood products, tree trimmings, grass cuttings, dead plants, leaves, dead Title 5, Chapter 9 Page 2 of 9 Revised 01-28-2020 trees or branches thereof, chips, shavings, sawdust, printed matter, paper, pasteboard, straw, used and discarded mattresses, used and discarded clothing, used and discarded shoes and boots, combustible waste pulp, other products such as are used for packaging, wrapping, crockery and glass, ashes, floor sweepings, glass, mineral or metallic substances, and any and all other wastes materials, not included in the definition of bulky waste, construction debris, dead animals, garbage, hazardous waste or stable matter, stoves, refrigerators, washers, dryers, furniture, scrap metals, car parts, tires, handbills, newspapers, papers, cartons, boxes, barrels, wood, brush, weeds, branches, yard trimmings, leaves, furniture, bedding, tin cans, metals, bottles, ashes, clinkers, automobile bodies and parts, appliances, broken glass, broken concrete, rock, crockery, mineral waste, street sweepings, industrial waste, sawdust, lumber scraps, shavings, animal carcasses, wire and plastics. WASTE: Any material having little or no value beyond its value for recycling purposes, or any material for which there is no practical use other than for recycling, and which if placed or deposited as prohibited in this chapter is markedly offensive or unsightly, or which creates an offensive odor or is unsanitary or unsafe, attracts insects or rodents or in any way creates a public nuisance or health or safety hazard. WEEDS: Any plant, growing or dead, more than fifteen (15) inches in height, measured from the surface of the ground, except plants grown for ornamental purposes or for production of food for man or beast. Noxious plants, regardless of height, shall be considered weeds. Noxious weeds shall include but not be limited to all noxious weeds described as part of Title 22, Chapter 24, Idaho Code, and by this reference, all provisions of the aforementioned Code are hereby affirmed and made part of this Ordinance. 5-9-3: LITTER IN PUBLIC PLACES: No person shall throw or deposit litter in or upon any private property, canal right of way, public street, alley, sidewalk, park, right of way, or upon any publicly-owned property within the City, except in receptacles designed therefore. Any violation of the provisions of this section shall be deemed an infraction and subject to section 1-4-2 of the Ammon City Code. 5-9-4: DEPOSIT OF LITTER IN RECEPTACLES: No person shall deposit litter in any receptacle in a manner which exceeds the capacity of such receptacle or which will create a likelihood of its being blown or carried by the elements upon any public place or private property. Title 5, Chapter 9 Page 3 of 9 Revised 01-28-2020 Any violation of the provisions of this section shall be deemed an infraction and subject to section 1-4-2 of the Ammon City Code. 5-9-5: DEPOSIT OF PETROLEUM PRODUCTS: No person shall pour or deposit oil or any other petroleum product upon any private property, canal right of way, public street, alley, sidewalk, park or other public property, provided nothing herein shall prevent the use of oil, asphalt or other petro-chemicals for the purpose of construction, maintenance or operation of a street or alley. Any violation of the provisions of this section shall be deemed a misdemeanor and subject to section 1-4-1 of the Ammon City Code. 5-9-6: LITTERING FROM VEHICLES: No person shall throw, or permit to be thrown from any vehicle, any litter or handbills while a driver or passenger in a vehicle being operated upon a public street or alley. Any violation of the provisions of this section shall be deemed an infraction and subject to section 1-4-2 of the Ammon City Code and Idaho Code 18-7031. 5-9-7: DROPPING MATERIAL FROM AIRCRAFT: No person in any aircraft shall throw out any litter or handbills while flying over the City. Any violation of the provisions of this section shall be deemed a misdemeanor and subject to section 1-4-1 of the Ammon City Code. 5-9-8: IMPROPER HAULING OF LITTER: It is unlawful for any person to haul litter and/or weeds, or otherwise operate a vehicle carrying litter and/or weeds, in any manner which causes litter to be deposited upon any public street, sidewalk or private property, or which creates likelihood that litter and/or weeds will be blown, dropped or spilled therefrom. Any violation of the provisions of this section shall be deemed an infraction and subject to section 1-4-2 of the Ammon City Code. 5-9-9: POSTING NOTICES: No person shall post or affix any handbill upon any public utility pole, sign post, lamp post, telephone pole, shade tree or upon any public structure or building, except as may be expressly authorized or required by law. Any violation of the provisions of this section shall be deemed an infraction and subject to section 1-4-2 of the Ammon City Code. 5-9-10: RESERVED Title 5, Chapter 9 Page 4 of 9 Revised 01-28-2020 5-9-11: ACCUMULATION OF LITTER UPON PRIVATE PROPERTY: It shall be unlawful for any person owning or having control of private property within the City to deposit, store or allow the accumulation of litter upon such property, except: (A) The temporary storage or accumulation of construction debris or materials in a manner which prevents the same from being blown upon adjoining property, while a building or structure is being constructed upon the premises or during remodeling or reconstruction thereof. (B) Upon any property owned or operated by any recycler, salvage dealer, or junk yard dealer licensed by the City, subject to all provisions and restrictions contained in any ordinance or statute governing the operation of such licensed business. Any violation of the provisions of this section shall be deemed an infraction and subject to section 1-4-2 of the Ammon City Code. 5-9-12: REMOVAL OF WEEDS: It shall be unlawful for any owner or occupant of any real property within the City to allow weeds to grow, exist or accumulate upon such real property. The existence of such weeds is declared to constitute a public nuisance. The owner or person in control of such property shall destroy and remove such weeds or plants. It shall be the duty and responsibility of the landowner/occupant to keep and maintain all weeds below the height as specified in the definitions of this chapter. Weeds Not Classified as Noxious: (A) It shall be the duty and responsibility of all landowners/occupants to control weeds on their land and property, in accordance with this chapter and/or Bonneville County ordinances or the State of Idaho Statutes. (B) The cost of controlling weeds shall be the obligation of the landowner. (C) Subject to section 5-9-17 of this chapter, the landowner shall reimburse the city for work done because of failure to comply with a five (5) day notice. Noxious Weeds: (A) It shall be the duty and responsibility of all landowners/occupants to control noxious weeds on their land and property, in accordance with this chapter and/or Bonneville County Code or the State of Idaho Statutes. (B) The cost of controlling noxious weeds shall be the obligation of the landowner. (C) Noxious weed control must be for prevention, eradication, rehabilitation, control or containment efforts. However, areas may be modified from the eradication requirement if the landowner is a participant in a county-approved weed management plan or county-approved cooperative weed management area. (D) The landowner shall reimburse the city and/or county control authority for work Title 5, Chapter 9 Page 5 of 9 Revised 01-28-2020 done because of failure to comply with a five (5) day notice, as outlined in section 22-2405, Idaho Code. (E) If an article is infested with noxious weeds, it shall not be moved from designated premises until it is treated in accordance with the applicable rules, or in accordance with the written permission of a control authority. Any violation of the provisions of this section shall be deemed an infraction and subject to section 1-4-2 of the Ammon City Code. 5-9-13: DUMPING REFUSE UNLAWFUL: No person shall dump, place, or deposit any trash, refuse, matter, filth, waste, rags, paper, tin or aluminum cans, or any substance likely to produce disease or infection on any lot, street, alley, or public right- of-way within the City. Any violation of the provisions of this section shall be deemed an infraction and subject to section 1-4-2 of the Ammon City Code. 5-9-14: ACCUMULATION OF REFUSE: It shall be unlawful for any occupant to accumulate or allow the accumulation of refuse upon property under his control in a manner which is markedly offensive or unsightly, attracts insects or rodents, is unsanitary, unsafe or unhealthy or which otherwise causes a public nuisance. Any violation of the provisions of this section shall be deemed an infraction and subject to section 1-4-2 of the Ammon City Code. 5-9-15: CANALS, RIGHT-OF-WAYS, VACANT LOTS AND FIELDS: It shall be unlawful for the owner or the person in control of any land within the City, whether within a subdivision or outside a subdivision, to allow, permit, or suffer weeds to grow or exist on, or in, canals, right-of-ways including parking strips, sidewalks, and curbing, or upon vacant lots and fields. Any violation of the provisions of this section shall be deemed an infraction and subject to section 1-4-2 of the Ammon City Code. 5-9-16: CIVIL REMEDY TO ABATE: The City Enforcement Officer may notify the owner or person in control of land where litter or weeds exist, to remove the litter or to cut, remove and destroy the weeds. The notice shall specify the time limited for the removal of said litter and weeds. Said notice shall be served personally upon such owner/person in control or by mail. 5-9-17: FAILURE TO COMPLY WITH NOTICE: If the owner or person in control of such premises fails to comply with the notice to abate, the Enforcement Officer shall mail a certified notice to the property owner stating that non-compliance may result in the City ordering the work to be done at the expense of the City and the same shall be charged against and be a lien against the property until paid. Said lien shall be filed in Title 5, Chapter 9 Page 6 of 9 Revised 01-28-2020 the same manner as is provided herein for the filing of special assessments against property. 5-9-18: CITATION TO APPEAR: Whenever it is determined by any enforcement officer that any person has violated any provision of this Ordinance, the said officer may serve upon the owner or person in control of the land where the violation exists, a written citation containing a notice to appear in the Magistrate Court, the name and address of the person charged, the offense charged, the time and place when and where the offense charged occurred, the time when the person charged shall appear in Magistrate Court, and such other pertinent information as may be necessary or advisable. The issuance of such citation shall not be the exclusive method for enforcement of this chapter. 5-9-19: FAILURE TO APPEAR: It shall be unlawful for any person to fail or neglect to appear, in response to and as required by such citation, regardless of the disposition of the charge upon which such citation was originally issued. Appearance in Magistrate Court shall be deemed complied with by an appearance by the person charged or by his attorney. 5-9-20: SPECIAL ASSESSMENTS: Notwithstanding the imposition of any criminal fine, penalty, or imprisonment, the City may, subject to the provisions of this section, remove any litter and/or weeds from any private property within the City and calculate a special assessment against such property for the reasonable costs of such removal. Prior to the removal of such litter and/or weeds, the City shall give notice in writing to the owner of such property, which notice shall state the street address of the property where the litter and/or weeds exists and shall describe the nature and general location of the litter and/or weeds to be removed. Such notice shall state that if such litter and/or weeds is not removed within fifteen (15) days from the date the notice is delivered, the City may cause the same to be removed and a special assessment made against such property for the costs of such removal plus a 10% administrative fee. Such notice shall be served upon any occupant, if any, of the property wherein the litter and/or weeds is located, by mail or by delivery of the Enforcement Officer, and shall be mailed by certified mail, return receipt requested, postage prepaid, to the owner of the property at the address listed upon the real property assessment rolls of Bonneville County. Such notice shall be deemed “delivered” upon its physical delivery and deposit into the United States mail, as set forth above. If the owner or occupant fails to remove the litter and/or weeds within the time specified in the notice, the City may order the removal of the litter and/or weeds and cause a Notice of Special Assessment to be mailed to the owner of the property in the manner set forth above. The Notice of Special Assessment shall state the amount to be assessed on account of the costs of removing the litter and/or weeds, the name and record address of the owner of the property to be assessed, and the legal description of such property. Such notice shall also state that if the assessment is not paid within sixty (60) days, the assessment will be sent to a collection agency. All monies received on account of such special assessment shall be held by the City Treasurer in a special fund to be applied to the payment of the costs of such removal and the money shall be used for no other purpose except to reimburse the City for all amounts expended in removing such litter and/or weeds or weeds. Title 5, Chapter 9 Page 7 of 9 Revised 01-28-2020 5-9-21: JUNK, KEEPING AND STORAGE OF RESTRICTED: (A) NUISANCE: Unsheltered storage of old, unused, stripped, junked, inoperable or unregistered, and other automobiles not in good and safe operating condition, and any other vehicles, machinery, implements, and/or equipment and personal property of any kind which is no longer safely useable for the purposes for which it was manufactured, which are hereinafter collectively described as "said personalty," for a period of thirty (30) days or more (except in licensed junk yards) within the corporate limits of the City, is hereby declared to be a nuisance and dangerous to the public safety. (B) ABATEMENT OF NUISANCE BY OWNERS: The owner, owners, tenants, lessees, and/or occupants of any lot within the corporate limits of the City upon which such storage is made, and also the owner, owners, and/or lessees of said personalty involved in such storage (all of whom are hereinafter referred to collectively as "owners"), shall jointly and severally abate said nuisance by the prompt removal of said personalty into completely enclosed buildings authorized to be used for such storage purposes, if within the corporate limits of the City, or otherwise to remove it to a location without said corporate limits. (C) PENALTY FOR FAILURE OF OWNER TO ABATE SUCH NUISANCE: Any violation of the provisions of this chapter shall be deemed an infraction and shall be subject to penalties prescribed for such violations under section 1-4-2 of this code. (D) ABATEMENT BY CITY: Whenever said owners fail to abate said nuisance, then the City shall remove said personalty to a location of its selection, the expenses therefore to be billed to said owners, jointly and severally, said bill to be recoverable in a suit of law. When said personalty has been removed and place in storage by the City, as provided for herein, said personalty shall be sold by the City after a lapse of time of not less than thirty (30) days. If the proceeds of such sale are insufficient to pay the costs of abatement, said owners shall be liable to the City for the balance of the costs, jointly and severally, to be recoverable in a suit at law. If the proceeds are in excess of costs, the balance shall be paid to said owners or deposited in the City Treasury for their use. 5-9-22: CIVIL AND CRIMINAL REMEDIES: The prosecution of any civil remedy in this Ordinance set forth shall not bar the prosecution of any criminal proceedings herein provided. 5-9-23: VIOLATIONS AND PENALTIES: Any violation of the provisions of this chapter deemed to be an infraction shall be subject to penalties prescribed for such Title 5, Chapter 9 Page 8 of 9 Revised 01-28-2020 violations under section 1-4-2 of this code and Idaho Code 18-113A. Each day such violation continues, shall be a separate violation, which shall be deemed as a separate infraction and a citation may be issued therefore. Violations shall be assessed on a per violation per day basis and may be assessed at increasing levels of infractions pursuant to section 1-4-2 of this code. Any violation of the provisions of this chapter deemed a misdemeanor shall be subject to penalties prescribed for such violations under section 1-4-1 of this code and Idaho Codes 18-113 and 18-303. Each day such violation continues, shall be a separate violation, which shall be deemed as a separate misdemeanor and a citation may be issued therefore. Violations shall be assessed on a per violation per day basis. Title 5, Chapter 9 Page 9 of 9 Revised 01-28-2020