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0559 Criminal Background Checks 20020 SUMMARY OF ORDINANCE NO. 559 An ordinance of the City of Chubbuck, a municipal corporation of the state of Idaho, adding section 05.05.045 to the Chubbuck Municipal Code to provide appropriate statutory references for criminal background checks for pawnbrokers; adding section 05.28.045 to the Chubbuck Municipal Code to provide appropriate statutory references for criminal background checks for massage therapists; adding section 05.24.045 to the Chubbuck Municipal Code to provide appropriate statutory references for criminal background checks for security guards and private investigators and related businesses; adding section 05.07.135 to the Chubbuck Municipal Code to provide appropriate statutory references for criminal background checks for a taxicab license; providing for the repeal of conflicting ordinances; providing that all other provisions of Chapters 5.05, 5.28, 5.24 and 5.07 not amended shall remain in full force and effect; providing for the severability of the provisions of this ordinance; providing that this ordinance shall be in full force and effect after its passage, approval and publication as allowed by law. The full text of this ordinance is available at the City Clerk's Office, Chubbuck City Offices, 5160 Yellowstone, Chubbuck, ID 83202. I have reviewed the foregoing summary and believe it provides a true and correct summary of Ordinance No. 5 5 9 and that the summary provides adequate notice to the public of the contents of this ordinance. DATED this 11 TH day of JUNE , 2002. Thomas J. Holmes, City Attorney SUMMARY OF ORDINANCE NO. Page 1 chubbuck05.22b CITY OF CHUBBUCK, IDAHO ORDINANCE NO. 5 5 9 AN ORDINANCE OF THE CITY OF CHUBBUCK, IDAHO, ADDING SECTION 05.05.045 TO THE CHUBBUCK MUNICIPAL CODE TO PROVIDE APPROPRIATE STATUTORY REFERENCES FOR CRIMINAL BACKGROUND CHECKS FOR PAWNBROKERS; ADDING SECTION 05.28.045 TO THE CHUBBUCK MUNICIPAL CODE TO PROVIDE APPROPRIATE STATUTORY REFERENCES FOR CRIMINAL BACKGROUND CHECKS FOR MASSAGE THERAPISTS; ADDING SECTION 05.24.045 TO THE CHUBBUCK MUNICIPAL CODE TO PROVIDE APPROPRIATE STATUTORY REFERENCES FOR CRIMINAL BACKGROUND CHECKS FOR SECURITY GUARDS AND PRIVATE INVESTIGATORS AND RELATED BUSINESSES; ADDING SECTION 05.07.135 TO THE CHUBBUCK MUNICIPAL CODE TO PROVIDE APPROPRIATE STATUTORY REFERENCES FOR CRIMINAL BACKGROUND CHECKS FOR A TAXICAB LICENSE; REPEALING PRIOR CONFLICTING ORDINANCES; PROVIDING FOR THE SEVERABILITY OF THE PROVISIONS OF THIS ORDINANCE; PROVIDING THAT ALL OTHER SECTIONS AND PROVISIONS OF CHAPTERS 5.05, 5.28, 5.24 AND 5.07 NOT HEREIN AMENDED SHALL REMAIN IN FULL FORCE AND EFFECT; AND PROVIDING WHEN THIS ORDINANCE SHALL BECOME EFFECTIVE. BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF CHUBBUCK, IDAHO: Section 1. Addition. The following Section 05.05.045 is added to the Chubbuck Municipal Code: 05.05.045 License Application—Criminal History Check: To determine the suitability of prospective applicants for a pawnbroker's license, the Chief of Police or the Chief s designee shall require an applicant to provide information and fingerprints necessary to obtain criminal history information from the Idaho State Police and the Federal Bureau of Investigation. Pursuant to Section 67-3008, Idaho Code, and congressional enactment Public Law 92-544, the Chief of Police or the Chief s designee shall submit a set of fingerprints obtained from the applicant and the required fees to the Idaho State Police, Bureau of Criminal Identification, for a criminal records check of state and national databases. The submission of fingerprints and information required by this section shall be on forms prescribed by the Idaho State Police. The Chief of Police or the Chief s designee is authorized to receive criminal history information from the Idaho State Police and from the Federal Bureau of Investigation for the purpose of evaluating the fitness of applicants for a pawnbroker's license. As required by state and federal law, further dissemination or other use of the criminal history information is prohibited. Section 2. Addition. The following Section 05.28.045 is added to the Chubbuck Municipal Code: 05.28.045 License Application—Criminal History Check: To determine the suitability of prospective applicants for an occupational license for massage or massage therapy, the Chief of Police or the Chief s designee shall require an applicant to provide information and fingerprints necessary to obtain criminal history information from the Idaho State Police and the Federal Bureau of Investigation. Pursuant to Section 67-3008, Idaho Code, and congressional enactment Public Law 92-544, the Chief of Police or the Chief s designee shall submit a set of fingerprints obtained from the applicant and the required fees to the Idaho State Police, Bureau of Criminal Identification, for a criminal records check of state and national databases. The submission of Ordinance - Page 1 chubbuck05,22a fingerprints and information required by this section shall be on forms prescribed by the Idaho State Police. The Chief of Police or the Chief s designee is authorized to receive criminal history information from the Idaho State Police and from the Federal Bureau of Investigation for the purpose of evaluating the fitness of applicants for an occupational license for massage or massage therapy. As required by state and federal law, further dissemination or other use of the criminal history information is prohibited. Section 3. Addition. The following Section 05.24.045 is added to the Chubbuck Municipal Code: 05.24.045 License Application—Criminal History Check: To determine the suitability of prospective applicants for a license as a security guard, private investigator, security guard business or private investigator agency, the Chief of Police or the Chief s designee shall require an applicant to provide information and fingerprints necessary to obtain criminal history information from the Idaho State Police and the Federal Bureau of Investigation. Pursuant to Section 67-3008, Idaho Code, and congressional enactment Public Law 92-544, the Chief of Police or the Chief s designee shall submit a set of fingerprints obtained from the applicant and the required fees to the Idaho State Police, Bureau of Criminal Identification, for a criminal records check of state and national databases. The submission of fingerprints and information required by this section shall be on forms prescribed by the Idaho State Police. The Chief of Police or the Chief s designee is authorized to receive criminal history information from the Idaho State Police and from the Federal Bureau of Investigation for the purpose of evaluating the fitness of applicants for a license as a security guard, private investigator, security guard business or private investigator agency. As required by state and federal law, further dissemination or other use of the criminal history information is prohibited. Section 4. Addition. The following Section 05.07.135 is added to the Chubbuck Municipal Code: 05.07.135 License Application—Criminal History Check: To determine the suitability of prospective applicants for a taxicab license, the Chief of Police or the Chief s designee shall require an applicant to provide information and fingerprints necessary to obtain criminal history information from the Idaho State Police and the Federal Bureau of Investigation. Pursuant to Section 67-3008, Idaho Code, and congressional enactment Public Law 92-544, the Chief of Police or the Chief s designee shall submit a set of fingerprints obtained from the applicant and the required fees to the Idaho State Police, Bureau of Criminal Identification, for a criminal records check of state and national databases. The submission of fingerprints and information required by this section shall be on forms prescribed by the Idaho State Police. The Chief of Police or the Chief s designee is authorized to receive criminal history information from the Idaho State Police and from the Federal Bureau of Investigation for the purpose of evaluating the fitness of applicants for a taxicab license. As required by state and federal law, further dissemination or other use of the criminal history information is prohibited. Ordinance - Page 2 chubbuck05.22a ADMINISTRATIVE PROVISIONS Section 1. Repeal of Conflicting Ordinances. The provisions of any Ordinance of the City of Chubbuck, Idaho, and any provision of the Chubbuck Municipal Code which are in conflict with the provisions of this Ordinance are hereby repealed to the extent of such conflict. All other sections and provisions of Chapters 5.05, 5.28, 5.24 and 5.07 not herein amended shall remain in full force and effect. Section 2. Severability. If any provision of this ordinance is held invalid, for any reason, by any court of competent jurisdiction, such holding shall not affect the validity or enforceability of any of the remaining provisions. Section 3. Effective Date. The rule requiring an ordinance to be read on three separate days, one of which shall be a reading in full, is hereby dispensed with, and this Ordinance shall become effective upon its passage, approval and publication as provided by law. PASSED BY THE COUNCIL AND APPROVED BY THE MAYOR OF THE CITY OF CHUBBUCK, IDAHO, this 11 Tx day of JUNE '2002. ATTEST: CITY CLERK Ordinance - Page 3 chubbuck05.22a