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CHAPTER 02 Title 5 General police Regulations CHAPTER 2 GENERAL POLICE REGULATIONS SECTION: 5-2-1: Admission Fees, Fraudulently Avoiding Payment of 5-2-2: Animals, Cruelty to 5-2-3: Assembly, Unlawful 5-2-4: Electric Fences 5-2-5: Concealing Knowledge 5-2-6: Delinquency, Encouraging 5-2-7: Disorderly Conduct 5-2-8: Disturbing the Peace 5-2-9: Drunkenness 5-2-10: Expectorating on Sidewalk or in Public Buildings 5-2-11: Fire Regulations, Crossing Hose, and False Alarms 5-2-12: False Fire Alarms 5-2-13: Tampering With Fire Alarm 5-2-14: Fire Hydrants 5-2-15: Damaging Fire Hydrants 5-2-16: Unlawful Use of Fire Hydrants 5-2-17: Injurious Material on Thoroughfares, Deposits of 5-2-18: Junk, Keeping and Storage of Restricted 5-2-19: Lottery 5-2-20: Loud Speakers or Sound Trucks 5-2-21: Lug Wheels Prohibited 5-2-22: Mufflers; Unnecessary Noise 5-2-23: Engine Compression Brakes Prohibited 5-2-24: Public Disturbance Noise Prohibited 5-2-25 Nuisances Defined 5-2-26: Obscene Conduct 5-2-27: Obscene Literature, Distribution of 5-2-28: Offense, Aid to an 5-2-29: Playing Ball on Streets Prohibited 5-2-30: Illegal Use of City Right of Way 5-2-31: Reverse Frontage Lot Access Prohibited 5-2-32: Police Officers, Assistance to 5-2-33: Vagrancy 5-2-34: Water Flowing Upon Street 5-2-35: Trespass 5-2-36: Damaging Television Community Antenna System 5-2-37: Juvenile Curfew 5-2-38: Injury to Property 5-2-39: Penalty 5-2-40: General Offense Title 5, Chapter 2 Page 1 of 13 Revised 7-12-2018 5-2-1: ADMISSION FEES, FRAUDULENTLY AVOID PAYMENT OF: It shall be unlawful for any person fraudulently to enter, without payment of the proper admission fee, any theater, ballroom, lecture, concert, or other place where admission fees are charged; provided, however, that nothing herein contained shall be deemed to prohibit or restrict fee admission of police officers engaged in the performance of police duties to any place of public entertainment or amusement. Any violation of the provisions of this section shall be deemed an infraction, subject to section 1-4-2 of the Ammon City Code. 5-2-2: ABANDONED REFRIGERATORS: Any person who abandons or permits to remain in an abandoned state, on any premises owned or over which he or she has control, any ice box, refrigerator, deep freeze, or any appliance or air tight container which fastens automatically and which cannot be opened from the inside without having first removed the lock or hinges from the door thereof, is guilty of a infraction. 5-2-3: ASSEMBLY, UNLAWFUL: REPEALED 5-2-4: BARB WIRE AND ELECTRIC FENCES: (A) It shall be unlawful for any person to erect or maintain any electric fence within the City. (B) It shall be unlawful for any person to erect or maintain a fence made in whole or in part of barbed wire at a height less than eight (8) feet or in any zone other than the I&M Industrial zone. Any violation of the provisions of this section shall be deemed an infraction, subject to section 1-4-2 of the Ammon City Code. 5-2-5: REPEALED 5-2-6: REPEALED 5-2-7: REPEALED 5-2-8: DISTURBING THE PEACE: (A) Every person who maliciously and willfully disturbs the peace or quiet of any neighborhood, family or person, by loud or unusual noise, or by tumultuous or offensive conduct, or by threatening, traducing, quarreling, challenging to fight or fighting, or fires any gun or pistol, or uses any vulgar, profane or indecent language within the presence or hearing of children, in a loud and boisterous manner, is guilty of a misdemeanor, pursuant to Idaho Code 18-6409. (B) Every person who maliciously and willfully disturbs the dignity or reverential nature of any funeral, memorial service, funeral procession, burial ceremony or viewing of a deceased person, is guilty of a misdemeanor, pursuant to Idaho Code 18-6409. 5-2-9: DRUNKENNESS: It shall be unlawful for any person to be found drunk, intoxicated, or under the influence of intoxicating liquor upon any public thoroughfare or other public place. Title 5, Chapter 2 Page 2 of 13 Revised 7-12-2018 Any violation of the provisions of this section shall be deemed an infraction, subject to section 1-4-2 of the Ammon City Code. 5-2-10: EXPECTORATING ON SIDEWALK OR IN PUBLIC BUILDINGS: It shall be unlawful for any person to expectorate or spit upon any sidewalk or upon the floor of any public building or room used for public assemblies. Any violation of the provisions of this section shall be deemed an infraction, subject to section 1-4-2 of the Ammon City Code. 5-2-11: FIRE REGULATIONS, CROSSING HOSE, AND FALSE ALARMS: (A) CROSSING HOSE: It shall be unlawful for any person to drive, lead, haul, or propel any vehicle or automobile on or across any fire hose belonging to the Fire Department. (B) FALSE ALARMS: It shall be unlawful for any person knowingly and willfully to give a false alarm to the fire department of a fire in the City or to give a false alarm of any fire in any building for the purpose of falsely alarming the people therein or to willfully tamper with, injure, destroy, or unnecessarily interfere with a normal operation of the municipal fire alarm system of the City or any part thereof. (C) NEGLIGENT FALSE FIRE ALARMS/FAILURE TO ADDRESS REPORTED FIRE CAUSES: 1. A fire alarm system which gives a fire alarm due to malfunction, defectiveness or carelessness, or during repair thereof without notification, but without the willful or knowing intent to give a fire alarm, shall be deemed to be a negligent false fire alarm and a violation thereof shall be deemed an infraction subject to penalty as provided in Section 1-4-2 of the Ammon City Ordinances. 2. Each negligent false fire alarm as to the same location of more than one such incident during any twelve (12) month period shall be deemed a negligent false fire alarm and a violation thereof shall be deemed an infraction subject to penalty as provided in Section 1-4-2 of the Ammon City Ordinances. 3. In addition to the penalties for the violation of a false fire alarm or a negligent false fire alarm, civil damages may be recovered from the person or persons so responsible in an amount necessary to compensate the fire department of the City of Ammon for costs incurred, losses sustained, or other damages suffered in receiving, acting upon or responding to the false or negligent false alarm. 4. After written notification from the Fire Department of cause or potential threat of a fire, future fire calls pertaining to the written notification shall be deemed, failure to address reported fire causes. Each failure to address at the same location of more than one such incident during any twelve (12) month period shall be deemed a violation of this section and shall be Title 5, Chapter 2 Page 3 of 13 Revised 7-12-2018 deemed an infraction subject to penalty as provided in Section 1-4-2 of the Ammon City Ordinances. (D) FAILURE TO REPORT A FIRE: All persons shall have the affirmative duty to report a fire that occurs in a commercial structure or any detached accessory structure of said building. Any person in violation of this sub-section shall be guilty of a misdemeanor. (E) OPEN BURNING WITHOUT A BURN PERMIT: No person shall openly burn or cause open burning to occur without first obtaining a burn permit from the City of Ammon. Any violation of this section shall be deemed an infraction and subject to section 1-4-2 of the Ammon City Code. 5-2-12: FALSE FIRE ALARMS: Any person who knowingly and willfully gives a false fire alarm in any manner whether by telephone, use of a mechanical or electronic fire alarm, or otherwise, shall be guilty of a misdemeanor, subject to section 1-4-1 of the Ammon City Code. 5-2-13: TAMPERING WITH FIRE ALARM: Any person who willfully damages, tampers with, or otherwise alters any fire alarm for the purpose of preventing the normal operation thereof, shall be guilty of a misdemeanor, subject to section 1-4-1 of the Ammon City Code. (A) SILENCING FIRE ALARMS PROHIBITED: No person shall silence or cause to be silenced any fire alarm activation that occurs within a commercial structure without receiving prior written notice from the Chief of the Fire Department or Chief of Fire Prevention. The written notice shall be provided to the requesting fire department member upon demand. Any person in violation of this ordinance shall be guilty of a misdemeanor. (B) Section 901.8 of the International Fire Code; Removal of or tampering with equipment states. It shall be unlawful for any person to remove, tamper with or otherwise disturb any fire hydrant, fire detection and alarm system, fire suppression system, or other fire appliance required by this code except for the purpose of extinguishing fire, training purposes, recharging or making necessary repairs, or when approved by the fire code official. Any violation of this section shall be deemed a misdemeanor. (C) Section 901.8.1 of the International Fire Code; Removal of or tampering with appurtenances states: Locks, gates, doors, barricades, chains, enclosures, signs, tags or seal which have been installed by or at the direction of the fire code official shall not be removed, unlocked, destroyed, tampered with or otherwise vandalized in any manner. Any violation of this section shall be deemed a misdemeanor. 5-2-14: FIRE HYDRANTS: No person shall obstruct the approach to a fire hydrant, or place or allow to be placed, any obstructions within a distance of three feet (3') from a fire hydrant. Any violation of this section shall be deemed an infraction and subject to section 1-4-2 of the Ammon City Code. Title 5, Chapter 2 Page 4 of 13 Revised 7-12-2018 5-2-15: DAMAGING FIRE HYDRANTS: (A) No person shall willfully or carelessly drive or run any vehicle against any fire hydrant. (B) Park any vehicle within fifteen feet (15') of any fire hydrant. (C) Any person who shall injure or damage any fire hydrant by accident or by carelessness or otherwise shall immediately report such injury or damage to the Water Department, and such person so injuring or damaging said hydrant shall be liable for any damage caused thereby. Any violation of the provisions of subsection (A) of this section shall be deemed a misdemeanor, subject to section 1-4-1 of the Ammon City Code. Any violation of the provisions of this section shall be deemed an infraction, subject to section 1-4-2 of the Ammon City Code. 5-2-16: UNLAWFUL USE OF FIRE HYDRANTS: No person shall draw or attempt to draw water from any fire hydrant unless he or she is an employee of the Police Division, Fire and Public Safety Division, Public Works Division, or has applied for and received a permit from the City pursuant to City Code 8-3-40. Failure to provide said permit as requested and use safety equipment as required shall be deemed an infraction and subject to section 1-4-2 of the Ammon City Code. 5-2-17: REPEALED 5-2-18: REPEALED 5-2-19: REPEALED 5-2-20: LOUD SPEAKERS OR SOUND TRUCKS: It shall be unlawful to play, operate, or use any device known as a sound truck, loud speaker, or sound amplifier, radio, or phonograph, with loud speaker or sound amplifier or any instrument of any kind or character which emits loud and raucous noises and is attached to and upon any vehicle unless such person in charge of such vehicle shall have first applied to and received permission from the City Clerk to operate any such vehicle so equipped. Any violation of the provisions of this section shall be deemed an infraction, subject to section 1-4-2 of the Ammon City Code. 5-2-21: REPEALED 5-2-22: MUFFLERS; UNNECESSARY NOISE: It shall be unlawful for any person to operate a motor vehicle which shall not at all times be equipped with a muffler upon the exhaust thereof in good working order and in constant operation to prevent excessive or unusual noise, and it shall be unlawful for any person operating any motor vehicle to use a cutout, by-pass, or similar muffler elimination appliance. Any violation of the provisions of this section shall be deemed an infraction, subject to section 1-4-2 of the Ammon City Code. 5-2-23: ENGINE COMPRESSION BRAKES PROHIBITED: No person shall, while operating a motor vehicle within the City, apply or otherwise use “Jake Brakes”, Engine Compression Brakes, or any similar braking system which emits a clearly audible noise when measured at a distance of fifty (50) feet directly from the source. Engine Compression Brakes Title 5, Chapter 2 Page 5 of 13 Revised 7-12-2018 are defined as a braking system which uses compressed air from a motor vehicle’s engine to slow the vehicle. Any violation of the provisions of this section shall be deemed an infraction, subject to section 1-4-2 of the Ammon City Code. 5-2-24: PUBLIC DISTURBANCE PROHIBITED: Between the hours of eleven o’clock (11:00) P.M. and seven o’clock (7:00) A.M., it shall be unlawful for any person, or business to make, cause, or allow loud of offensive noise by means of voice, musical instrument, horn, radio, loudspeaker, automobile, machinery, other sound amplifying equipment, or any other means which disturbs the peace, quiet and comfort of any reasonable person of normal sensitiveness residing in the area. Loud or offensive noise is that which is plainly audible within any place of residence or business other than the source of the sound or upon a public right of way or street at a distance of one hundred feet (100’) or more from the source of the sound. Any noise in excess of 75 Dba shall be deemed in violation of this chapter. The following sounds are exempted from the provisions of this section: (A) S ounds caused by any emergency vehicle or personnel when responding to an emergency call or acting in time of emergency. (B) Sounds caused by activities upon any municipal, school, religious, or publicly owned property provided that such activities have been authorized by the owner of such property or facility or its agent. (C) Sounds caused by locomotives or other railroad equipment. (D) Sounds caused by burglar alarms that are not in violation of this code. (E) Sounds caused by safety warning devices required by law. Any violation of the provisions of this section shall be deemed an infraction, subject to section 1-4-2 of the Ammon City Code. 5-2-25: NUISANCES DEFINED: Anything which is injurious to the health or morals, or indecent or offensive to the sense or an obstruction to the free use of property so as to interfere with the comfortable enjoyment of life or property is declared a nuisance and as such shall be abated. Any action found to be a violation of this chapter or other chapters of the City Code and determined by the Enforcement Officer or other Law Enforcement Agent to be a nuisance shall be deemed an infraction, subject to section 1-4-2 of the Ammon City Code. 5-2-26: OBSCENE CONDUCT: It shall be unlawful for any person to urinate or stool in any place open to the public view, or to be guilty of any lewd, lascivious, or obscene conduct or to sing any lewd or obscene song, ballad, or other words in any public place or any other place where other persons are present or indecently to exhibit any animal. Any violation of the provisions of this section shall be deemed an infraction, subject to section 1-4-2 of the Ammon City Code. 5-2-27: OBSCENE LITERATURE, DISTRIBUTION OF: It shall be unlawful for any person to exhibit, pass, give, or deliver to another any obscene, lewd, or indecent book, pamphlet, picture, card, print, paper, writing, mold, case, or figure. Any violation of the Title 5, Chapter 2 Page 6 of 13 Revised 7-12-2018 provisions of this section shall be deemed an infraction, subject to section 1-4-2 of the Ammon City Code. 5-2-28: OFFENSE, AID TO AN: It shall be unlawful for any person, in any way or manner, to aid, abet, counsel, advise, or encourage any other person in the commission of any of the acts mentioned herein or in any manner encourage the commission or such offense hereby defined. Any violation of the provisions of this section shall be deemed an infraction, subject to section 1-4-2 of the Ammon City Code. 5-2-29: REPEALED 5-2-30: ILLEGAL USE OF CITY RIGHT OF WAY: No person shall use a dedicated right of way of the City for any use not authorized as part of a subdivision improvement or approved in writing by the City Engineer. Any violation of the provisions of this section shall be deemed an infraction, subject to section 1-4-2 of the Ammon City Code. 5-2-31: REVERSE FRONTAGE LOT ACCESS PROHIBITED: Access from the rear or side yard of any reverse frontage lot as defined in Title 10 of the City Code to any designated collector or arterial roadway is prohibited. Access via a double frontage lot from a collector may be allowed with written authorization of the City Engineer. Any violation of the provisions of this section shall be deemed an infraction, subject to section 1-4-2 of the Ammon City Code. 5-2- 32: REPEALED 5-2- 33: VAGRANCY: (A) UNLAWFUL TO LOITER OR WANDER ABOUT STREETS: It shall be unlawful for any person or persons, whether as a pedestrian or as an occupant of a vehicle, to wander about the streets or public ways of the City in such a way as to arouse in others a reasonable suspicion of criminal behavior or intentions, or for any person to persons, whether as a pedestrian or as an occupant of a vehicle, to wander about the streets or other public ways of the City at late or unusual hours in the night without any visible or lawful business and without satisfactory explanation for such activity. (B) LOITERING IN VICINITY OF CHILDREN: It shall be unlawful for any person or persons without lawful business or other explainable purposes to loiter about any school, playground, swimming pool, recreational center, or other place of assemblage of children within the City. (C) PERSONS WITHOUT VISIBLE MEANS OF SUPPORT: It shall be unlawful for any person or persons without visible means of support and the physical ability to work not to seek out employment or labor or refuse to work when employment is offered; or for any person to beg or seek alms as a means of his subsistence; or to lodge in any other place than is kept for lodging purposes without permission of the other person in possession thereof; or for any person to consort habitually with known drunkards or with users of narcotic drugs. Title 5, Chapter 2 Page 7 of 13 Revised 7-12-2018 (D) UNLAWFUL TO ASSEMBLE A CONGREGATION FOR THE PURPOSE OF INCITING RIOTS OR CIVIL DISOBEDIENCE: It shall be unlawful for any person or persons to assemble a congregation for the purposes of inciting any other person or persons to riot, to civil disobedience, or to disrupt the orderly processes of government. (E) VIOLATION AND PENALTY: Any violation of the provisions of this section shall be deemed an infraction and shall be subject to penalties prescribed for such violations under section 1-4-2 of this code. 5-2- 34: WATER FLOWING UPON STREET: It shall be unlawful for any unauthorized person to allow any water to flow into or upon a thoroughfare except in the gutter or drainage outlet that is located on or near the side of said thoroughfare. Any violation of the provisions of this section shall be deemed an infraction, subject to section 1-4-2 of the Ammon City Code. 5-2- 35: TRESPASS: It shall be unlawful for any person to take down any fence, or to let down any bars, or to open any gate in or on the property of another, without the consent of the owner, occupant, or person in charge thereof. It shall be unlawful for any person to enter upon the real property of another person without permission of the owner or the owner's agent, where the owner has given notice of no trespassing. Further, it shall be unlawful for any defacing, taking, removing, or carrying away from any such land, or depositing any other substance upon such land without the permission of the owner or the owner's agent. Any violation of this section shall be deemed an infraction subject to penalty as provided in Section 1-4-2 of the Ammon City Ordinances. 5-2- 36: DAMAGING TELEVISION COMMUNITY ANTENNA SYSTEM: Whoever, without the consent of the owner thereof, willfully destroys, damages, or in any way injures any television community antenna system within the City, such system also known as a CATV system, and as a Cable TV system, or its poles, cables, wires, fixtures, antennas, amplifiers, or other apparatus, equipment, or appliances, or who willfully obstructs, impedes, or impairs the service of any such system therein, or any of its lines, or the transmission of television signals there over; or whoever, without such consent, attaches within the City any device or equipment to such system, or any line, antenna, pole, cable, wire, fixture, amplifier, or other apparatus, instrument, equipment, or appliance thereof; or who taps or connects, directly or indirectly, by wire or any other means whatsoever, to or with any Cable TV system line so as to hear, or see, or be in a position to hear or see, for any use or purpose whatsoever, any signal going over said Cable TV system line, or who makes said tapping or connection for the purpose of receiving or enabling any other person to receive any service over said line or lines; or whoever uses or attempts to use, in any manner or for any purpose, any information so obtained, or communicates the same in any way or for any purpose or attempts to so communicate the same, or whoever aids, agrees, with, employs, or conspires with any person to do or cause to be done any of the acts hereinbefore set forth; shall be guilty of an infraction and upon conviction shall be subject to a penalty as set by Ammon Code 1-4-2. In all prosecutions of this Ordinance, proof that any of the acts herein forbidden were done on or about the premises owned or occupied by the defendant charged with the commission of such offense, or that the defendant unlawfully received the benefit of the transmission of television signals from any television community antenna system or Cable TV system on account of the commission of such acts, shall be prima facie evidence of the guilt of the defendant. 5-2- 37: JUVENILE CURFEW: (A) Any parent or guardian of a child/juvenile who knowingly permits or by culpable indifference PURPOSE: The purposes of this Ordinance are: Title 5, Chapter 2 Page 8 of 13 Revised 7-12-2018 1. To regulate and prohibit children from remaining in public places during curfew hours of the day; 2. To protect children from each other and other adult perpetrators of crimes; 3. To reduce nocturnal juvenile crime and juvenile delinquency; 4. To promote family responsibility and parental control over their children; and 5. To protect and promote the public health, peace, safety, welfare and tranquility of the inhabitants of the City of Ammon, Bonneville County, Idaho.. Each violation of this Ordinance shall constitute a separate offense. (B) DEFINITIONS: Certain words and phrases used in this Ordinance are defined as follows: "Curfew Hours" shall mean the hours between 1:00 a.m. and 5:00 a.m., every day of the week. "Emergency" is the unforeseen combination of circumstances or the resulting state that calls for immediate action to prevent, control, or minimize serious bodily injury, death, or significant loss of property. "Employment activity" shall mean the performance of any responsibilities of duties expressly or impliedly required as a condition of employment of a minor. "Establishment" shall mean any privately owned place of business operated for a profit to which the public is invited, including, but not limited to, any place of amusement or entertainment. "Guardian" is: 6. a person who, under court order, is the guardian of the person of a minor; 7. a public or private agency with whom a minor has been placed by order of a court; or 8. a person to whom a parent or guardian has delegated any of his or her powers with respect to a minor pursuant to Section 15-5-104 of the Idaho Code. "Child/juvenile" shall mean any unemancipated person, male or female, under the age of eighteen (18) years. "Emancipated" shall mean any person either eighteen (18) years or age or older, or if under the age of eighteen (18), any person who is married or has been married; or any person who is in active military service; or any person who is both self-supporting and neither resides with nor is subject to parental control. Title 5, Chapter 2 Page 9 of 13 Revised 7-12-2018 "Operator" shall mean any individual, firm, association, partnership, or corporation operating, managing, or conducting any establishment. The term includes the members or partners of an association or partnership and the officers of a corporation which owns or operates an establishment. "Parent" shall mean any person who is a natural parent, adopted parent, or step-parent, whether the mother, father, step-mother, step-father, or both, being referred to in the singular as "parent", guardian, or any other person having the legal care, custody, or control of a child/juvenile. "Public place" shall mean any place to which the general public has access including, but not limited to, streets, highways, alleys, sidewalks, and the common areas of schools, hospitals, apartment houses, office buildings, transportation facilities, shopping malls, public parking lots, and commercial businesses. "Remain" shall mean to linger or stay or to fail to leave premises when requested to do so by a police officer or the owner, operator or other person in control of an establishment. (C) CHILD/JUVENILE CURFEW: It shall be unlawful for any child/juvenile to be, or remain, in or upon any street, alley, public ground, public place, or any place open to the public, place of amusement or entertainment, vacant lot, or other unsupervised place, playgrounds, parks, highways, road, public streets, or exposed to public use in the City of Ammon, County of Bonneville, during curfew hours. It shall be unlawful for any parent, guardian, or other person having the care and custody of any child/juvenile to allow the child/juvenile to be or remain in or upon any street, alley, public ground, public place, or any place open to the public, place of amusement or entertainment, vacant lot, or other unsupervised place, playgrounds, parks, highways, road, public streets, or exposed to public use within the City of Ammon, County of Bonneville, during the curfew hours. Violation of this section shall be deemed an infraction, pursuant to Ammon Code 1-4-2. (D) PARENTAL VIOLATION OF CURFEW HOURS: Allows any child/juvenile to loiter, idle, wander, stroll, or play in or upon any street, alley, public ground, public place or any place open to the public, place of amusement or entertainment, vacant lot, or other unsupervised place, playgrounds, parks, highways, road, public streets, or exposed to public use in the City of Ammon, County of Bonneville, during curfew hours shall be guilty of an infraction; provided, however, that the provisions of this Ordinance do not apply when a child/juvenile is accompanied by his or her parent, guardian, or other adult person having the care and custody of the child/juvenile, or where the child/juvenile is upon an emergency errand or legitimate business directed by his or her parent, guardian, or other adult person having care and custody of the child/juvenile. Each violation of the provisions of this section shall constitute a separate offense. (E) VIOLATION OF CURFEW HOURS BY BUSINESS ESTABLISHMENT: Any owner or operator of or any employee or other person in control of an establishment is guilty of a violation of this section if he or she knowingly or willingly allows a child/juvenile to be upon the premises of the establishment during the curfew hours. Any violation of the provisions of this section shall be deemed an infraction, subject to section 1-4-2 of the Ammon City Code. Title 5, Chapter 2 Page 10 of 13 Revised 7-12-2018 (F) JURISDICTION: The violation of this Ordinance by a child/juvenile shall be enforced by the Idaho Juvenile Corrections Act (Idaho Code 20-549), and the Juvenile Courts of the State of Idaho shall have exclusive and original jurisdiction as provided for by the Idaho Juvenile Corrections Act. 9. Citations to children/juveniles may be issued by any law enforcement officer of the State of Idaho, County, City, or any other law enforcement official which said citation should be issued in the form of a police report or juvenile violation report. However, failure to cite on either a police report or juvenile violation report shall not make such citation defective. 10. Any parent, guardian, or other adult person having care and custody of a child/juvenile violating this Ordinance shall be subject to jurisdiction in the District Court of the State of Idaho. (G) AUTHORITY TO STOP AND DETAIN: Any law enforcement officer shall have the authority to stop and temporarily detain a child/juvenile, or one who appears to be a child/juvenile as herein defined, during the hours of curfew to obtain the child/juvenile's name, address, age, and parents’ names, whenever said officer has reasonable suspicion that the child/juvenile and/or his or her parents are in violation of this Ordinance. Upon determining that the child/juvenile and/or his or her parents are in violation herein, the officer shall direct or deliver him or her to the residence of his or her parents; in addition, the officer may use warnings, violations, petitions, and citations as appear under this Ordinance. Warnings issued shall clearly state the possible penalties which may be imposed for subsequent violations. (H) ENCOURAGING DELINQUENCY: Any person who by any act or neglect encourages, aids, or causes a child/juvenile to come within the purview of the Idaho Juvenile Corrections Act, or who after notice that a driver’s license of any such child/juvenile has been suspended or revoked knowingly permits or encourages the child/juvenile to operate a motor vehicle during the period that such driver’s license is suspended or revoked, shall be guilty of an infraction pursuant to Ammon Code 1-4-2. (I) DEFENSES: It is a defense to prosecution under this Ordinance if the offending child/juvenile does prove and establish any of the following, the burden of proof for establishing the defense being upon the child/juvenile: 11. Accompanied by the child/juvenile's parent or guardian; 12. On an errand at the express direction of the child/juvenile's parent or guardian, without any detour or stop; 13. In a motor vehicle involved in interstate travel; 14. Engaged in employment activity, going to an employment activity, or returning to the child/juvenile's place of residence, without any detour or stop; 15. Involved in an emergency; Title 5, Chapter 2 Page 11 of 13 Revised 7-12-2018 16. Within the yard or upon the sidewalk abutting the child/juvenile's residence or abutting the residence of another adult with whom the parent or guardian of such child/juvenile has expressly placed temporary custody of the child/juvenile; 17. Attending an officially-sponsored school, religious, or other recreational, cultural, or educational activity supervised by adults and sponsored by a public entity or a religious, charitable, civil, or other similar organization organized by adults, or going to or returning home from such activities, without any detour or stop; 18. Exercising First Amendment Rights protected by the United States Constitution or rights protected by Article I Section 9 of the Constitution of the State of Idaho; 19. Is married or has had the disabilities of minority removed in the manner provided by law. It is a defense to the prosecution of this Ordinance that the owner, operator, or employee of an establishment asks the child/juvenile to leave the premises and promptly notifies the law enforcement officials that a child/juvenile is present on the premises of the establishment during curfew hours and refuses to leave. 5-2- 38: INJURY TO PROPERTY: (A) It shall be unlawful for any person willfully and maliciously to injure, deface, mutilate, remove, pull down, break, or in any manner interfere with or molest or secrete or destroy or deface any real or personal property, either public or private, within the City. (B) No person shall place or put, by any means, any drawing, writing, inscription, figure, symbol, or mark of any type on any surface or any public or private property without the permission of the owner of the premises on which the surface is located or on any natural surface such as rocks, tress, or any other surfaces. This conduct shall be deemed malicious destruction of property. Any violation of this section shall be deemed a misdemeanor, subject to section 1-4-1 of the Ammon City Code. 5-2- 39: PENALTY: (A) 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. Any violation of the provisions of this chapter deemed an infraction shall be subject to penalties prescribed for such violations under section 1-4-2 of this code. Any section of this chapter with no violation prescribed shall be deemed an infraction. Title 5, Chapter 2 Page 12 of 13 Revised 7-12-2018 (B) Any child/juvenile who violates any provision of this Ordinance shall be punishable by any means provided for under the Idaho Juvenile Corrections Act (Idaho Code 20-549). Title 5, Chapter 2 Page 13 of 13 Revised 7-12-2018