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0309 Vehicle Ownership and Violations 1998CITY OF CHUBBUCK, IDAHO ORDINANCE NO. 309 AN ORDINANCE OF THE CITY OF CHUBBUCK, IDAHO, AMENDING PROVISIONS OF THE CHUBBUCK ORDINANCES TO PROVIDE THAT CERTAIN VIOLATIONS ARE INFRACTIONS RATHER THAN MISDEMEANORS; TO DEFINE AN INFRACTION AND THE PENALTY FOR AN INFRACTION; AND TO PROVIDE THAT A VEHICLE MAY BE IMPOUNDED IF THE OPERATOR OR OWNER FAILS TO FURNISH OR IS UNABLE TO FURNISH PROOF OF FINANCIAL RESPONSIBILITY AS REQUIRED BY TITLE 49, CHAPTER 15 OF THE IDAHO CODE; REPEALING PRIOR CONFLICTING ORDINANCES; PROVIDING FOR THE SEVERABILITY OF THE PROVISIONS O~ THIS ORDINANCE; PROVIDING THAT ALL OTHER SECTIONS AND PROVISIONS OF CHAPTERS 1 AND 10 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: read: Section 1. Amendment of Chapter 1.12. Chapter 1.12 of the Chubbuck Municipal Code is amended to Section 1.12.010. Fine and Imprisonment. Any person convicted of a violation of any ordinance of the city, other than an ordinance the violation of which constitues an infraction, may be fined in a sum not to exceed three hundred dollars for any offense and such person may be confined in jail for a period of not more than six months. Either or both such fine and imprisonment may be imposed; and in addition thereto, any person so convicted shall pay such costs as the court may assess. Ordinance - Page 1 jm 15U-52 Section 1.12.020. Applicability. The penalty provided in this chapter shall be applicable to every ordinance, other than those ordinances whose violation constitutues an infraction, of the city the same as though it were a part of each and every separate ordinance. Any person convicted of a violation of any ordinance of this city, other than those the violation of which constitutes an infraction, shall be deemed guilty of a misdemeanor. A separate offence shall be deemed committed for each day during on or which a violation occurs or continues. Section 1.12.030. Infraction. Any person violating any ordinance, the violation of which constitutes an infraction, shall be guilty of an infraction and shall be punishable by a penalty not exceeding one hundred dollars ($100.00) and no imprisonment. Section 2. Amendment of Section 10.04.080. Section 10.04.080 of the Chubbuck Municipal Code is amended to read: Section 10.04.080. Parking Violation Fees. The owner of a vehicle in or upon which a parking violation notice has been left or attached by a police officer or parking attendant employed by the city may avoid being Ordinance - Page 2 jm 15U-52 prosecuted for the violation alleged in such notice by electing to pay to the city clerk, as a civil penalty for such violation, a fee of five dollars, unless said fee is not paid within ten days after the issuance of the parking violation notice, in which event the fee shall be fifteen dollars. If the owner fails to respond to a parking violation within thirty days, a uniform traffic citation shall be issued to the owner of the vehicle and the violation shall be treated as ~ m~s~eme~ef an infraction, as provided in Section ~T8~8 1.12.030 of this code. Section 3. Amendment of Section 10.08.020. The first sentence in Section 10.08.020 of the Chubbuck Municipal Code is amended to read: Section 10.08.020. vehicle parking. It is unlawful and punishable as ~ m~s~eme~e~ an infraction, for any owner or operator of a vehicle to cause or allow a violation of the following regulations: Section 4. Amendment of Section 10.08.050(C). Section 10.08.050(C) is amended to read: C. It is unlawful and punishable as ~ m~sdemee~ an infraction, for any person to operate a vehicle upon Ordinance - Page 3 jm 15U-52 any public thoroughfare, including any street, highway, vehicular way or other thoroughfare, at a speed greater than is reasonable and prudent under the conditions having regard to the actual and potential hazards then existing. In every event, speed shall be so controlled as may be necessary to avoid colliding with any person, vehicle or other conveyance on or entering the thoroughfare in compliance with legal requirements and the duty of all persons to use due care. Where no special hazard exists that requires lower speed for the purpose of compliance with this subsection, the speed of any vehicle not in excess of the limits specified in subsection A shall be lawful, but any speed in excess of such limits shall be prima facie evidence that the speed is not reasonable or prudent and that it is unlawful. Section 5. Amendment of Section 10.08.070(A). Section 10.08.070(A) is amended by adding the following subparagraph 3. 3. An operator or owner of a vehicle fails to furnish or is unable to furnish proof of financial responsibility as required by Title 49, Chapter 15, Idaho Code. Ordinance - Page 4 jm 15U-52 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 1 and 10 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 29th day of A[~G[J~T , 1988. ATTEST: CITY CLERK Ordinance - Page 5 jm 15U-52