HomeMy WebLinkAbout0559 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
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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
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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.
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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
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