Chapter 17
GARBAGE, RUBBISH AND WEEDS1

Art. I.    In General, §§ 17-117-15

Art. II.    Collection of Garbage and Rubbish, §§ 17-1617-33.2

Art. III.    Weeds, §§ 17-3417-48

Art. IV.    Litter, §§ 17-4917-74

ARTICLE I. IN GENERAL

Sec. 17-1. Definitions.

For the purposes of this chapter, the following terms, phrases and words shall have the following meanings:

Ashes: The residue from the burning of wood, coal or other combustible materials.

City: The city of Lewiston, Idaho.

Construction materials: Materials used in the construction of buildings or other structures and including but not limited to dirt, mud, sand and rock and all landscaping materials and fill materials and other items used in construction.

Construction or demolition debris: All material from commercial, residential or any other type of construction or demolition activity with or without a city-issued permit including, but not limited to, sheet rock, lumber, roofing, siding, shingles, concrete or concrete block, asphalt, brick, pallets, wood fence posts, railroad ties and stumps.

Contractor: The person or entity authorized by the city to operate, conduct and maintain a contract(s) for the services specified in the contract.

County: The county of Nez Perce, state of Idaho.

Debris: All dirt, mud, sand, rock and the remains, fragments, pieces or parts of anything broken, damaged or destroyed.

Garbage: All putrescible animal and vegetable wastes resulting from the handling, preparation, cooking or consumption of food. Any accumulation of animal, vegetable or other organic matter, liquid or solid, that is produced, received or accumulated from kitchens, residences, restaurants or businesses, including, but not limited to, putrid or unsound meat, fish and decayed or unsound vegetables and fruits. It shall not include sewage.

Hazardous material: Any solid waste that is, by itself or in combination with other solid waste, infectious, explosive, poisonous, highly flammable, caustic or otherwise dangerous or injurious to human, plant or animal life.

Litter: All garbage, refuse, rubbish, construction materials and debris, as defined in this section and all junk and waste or discarded materials and substances, including, but not limited to, paper, cardboard, bottles, glass, crockery, tacks, hoops, cans, wire, both barbed and otherwise, building materials and fixtures, electrical materials and electrical fixtures, water and gas materials and fixtures, demolition materials and all concrete, roofing and siding materials and automobile parts and components and tires, waste oil and appliances.

Noxious weed: Any vegetation designated by the Director of the Idaho State Department of Agriculture as a noxious weed pursuant to Title 22, Chapter 24, of the Idaho Code.

Ornamental grass: Grass planted primarily for its decorative value or for screening purposes.

Park: Any park, playground, recreation center or any other public area in the city, owned or used by the city and devoted primarily to recreation.

Person: Any person, firm, partnership, association, corporation, company or organization of any kind.

Planned unit development (PUD): Zoning designation for an area of land with a variety of residential, commercial, and industrial uses wherein private roadways may exist.

Premises: Land and all buildings and structures thereon, including, but not limited to, single or multifamily dwellings, rooming houses, apartment houses, hospitals, nursing and convalescent homes, hotels, motels, restaurants, drive-in establishments, schools, kindergartens and any other place of habitation, office, shop or establishment or place of conducting a business, trade, profession or occupation.

Private premises: Any nonpublicly owned property, whether used for residential, commercial, industrial or professional purposes, whether inhabited or temporarily or continuously uninhabited or vacant, including but not limited to, all yards, grounds, walks, driveways, porches, steps and mailboxes situated upon any privately owned property.

Public place: All streets, sidewalks, boulevards, alleys and any and all other public ways and public parks, squares, spaces, grounds, easements and buildings.

Recyclable materials: Products, including paper, cardboard, metal, glass or other substance capable of being reprocessed into consumer materials, which have served the purpose for which they were originally manufactured or produced and have passed through their end usage as consumer items, and which have been discarded or placed for collection by their owner, whether or not such products have monetary value.

Refuse: All putrescible and nonputrescible solid wastes, except body waste, including garbage, trash, ashes, street cleanings, dead animals, junk and solid market, garbage, rubbish, street cleanings and industrial waste.

Resident or owner: Every person, including lessees and occupants, in possession, charge, custody or control of any premises, residential or commercial, where solid waste is created or accumulated.

Residential units: Every type of dwelling unit, including, but not limited to, houses, apartments and mobile homes.

Right-of-way: Means the same as defined in Chapter 31 of this code.

Rubbish: Any nonputrescible solid waste consisting of both combustible or noncombustible waste and including, but not limited to, yard clippings, leaves, wood, tree trimmings, paper, cardboard, tin cans, wood, bedding, crockery, plastic, metal and other similar materials.

Sewage: Water-carried wastes from residences, commercial or industrial establishments, business buildings and other premises containing polluted matter subject to treatment at the sewage treatment plant.

Solid waste: Any ashes, garbage, refuse or rubbish, or any combination thereof.

Solid waste division: A division of the public works department of the city of Lewiston.

Tree: Any plant materials commonly referred to as trees which at maturity would exceed a height of more than thirty (30) inches.

Vegetation: Any plant materials including but not limited to those commonly referred to as grass, weeds, volunteer shrubs, volunteer trees, shrubs and trees.

Vehicle: Any device in, upon, or by which a person or property is or may be transported or drawn upon the street, except devices moved solely by human power or used exclusively upon stationary rails or tracks.

Yard waste: Any recyclable material consisting of grass clippings, leaves, tree and shrub trimmings, garden waste, Christmas trees, and lawn or garden bark. Yard waste shall not include grass-covered surface soil or dirt otherwise known as sod, tree or shrub roots with soil or dirt, or limbs, trunks and stumps larger than six (6) inches in diameter and/or six (6) feet in length. (Ord. No. 4603, § 2, 9-23-13; Ord. No. 4718, § 1, 4-9-18)

Secs. 17-217-15. Reserved.

ARTICLE II. COLLECTION OF GARBAGE AND RUBBISH2

Sec. 17-16. Authority and purpose.

All phases of the collection, removal and disposal of solid waste materials and recyclable materials are hereby declared to affect the public health, safety and welfare of the city of Lewiston and the inhabitants thereof and to be subject to the exclusive regulation and control of the city of Lewiston pursuant to its powers under Article 12, Section 2, of the Constitution of the State of Idaho. (Ord. No. 3270, § 1, 8-15-75; Ord. No. 4603, § 2, 9-23-13)

Sec. 17-17. Short title.

This article shall be known and may be cited as “the solid waste ordinance of the city of Lewiston.” (Ord. No. 3270, § 2, 8-15-75; Ord. No. 4603, § 2, 9-23-13)

Sec. 17-18. Reserved.

Editor’s note – Ord. No. 4603, adopted Sept. 23, 2013, repealed § 17-18, pertaining to definitions, derived from Ord. No. 3270, § 3; Ord. No. 4005, § 1; Ord. No. 4075, § 1; Ord. No. 4145, § 4; Ord. No. 4471, § 1; Ord. No. 4574, § 1.

Sec. 17-19. Ownership.

(a) All solid waste and recyclable materials are hereby declared to be the exclusive property of the city from the time they are discarded, placed in the receptacle for disposal, or placed out of doors for collection by the generator thereof unless otherwise provided in the contracts for the collection and disposal of those materials.

(b) Nothing shall prohibit the city from using the collected materials for energy recovery and/or resource recovery. (Ord. No. 3270, § 4, 8-15-75; Ord. No. 3790, § 1, 8-12-85; Ord. No. 4005, § 2, 7-1-91; Ord. No. 4603, § 2, 9-23-13)

Sec. 17-20. Sanitary receptacles.

(a) A mobile cart is the approved refuse receptacle for residential single-unit and multi-unit dwellings, except those on container service. A mobile cart shall mean a light-weight, wheeled, polyethylene plastic container made with the latest manufacturing processes and meeting the minimum specifications as provided in the contracts for the collection and disposal of solid waste and recyclable materials. The mobile cart shall be provided by the contractor and shall remain the property of the contractor. The mobile cart shall at minimum meet specifications as herein specified:

(1) Ninety (90) to ninety-six (96) gallon capacity with a minimum net load weight of one hundred eighty (180) pounds, provided the gross weight of the cart and contents shall not exceed one hundred eighty (180) pounds.

(2) Sixty (60) to sixty-five (65) gallon capacity with a minimum net load weight of one hundred fifty (150) pounds, provided the gross weight of the cart and contents shall not exceed one hundred twenty (120) pounds.

(3) Thirty (30) to thirty-five (35) gallon capacity with a minimum net load weight of one hundred twelve (112) pounds, provided the gross weight of the cart and contents shall not exceed sixty (60) pounds.

(4) All carts shall be embossed with a sequenced serial number.

(5) All carts shall be manufactured with a minimum of fifteen (15) percent post-consumer recycled resin.

(b) Approved refuse receptacles for commercial accounts shall include any of the following:

(1) Disposable paper bags. Disposable (nonreturnable) paper bags, which shall be fifty (50) pounds wet-strength extensible kraft paper.

(2) Disposable plastic bags. Disposable (nonreturnable) plastic bags which may be manufactured from polyethylene or ethylene copolymer resin, with gauge of not less than one and four-tenths (1.4) mils, with a gross weight not to exceed thirty-five (35) pounds.

(3) Containers.

a. Water-tight dumpsters of one (1), two (2), three (3), four (4), six (6) and eight (8) cubic yard capacity;

b. Drop box/roll-off containers of ten (10), twenty (20), twenty-five (25), or thirty (30) cubic yard capacity;

c. Roll-off compaction containers of ten (10) to forty (40) cubic yard capacity. Compaction containers shall be owned and maintained by the commercial business. All commercial containers shall be compatible with existing contractor collection equipment.

(4) Mobile carts. Mobile carts as defined in this article shall be approved receptacles, under the following conditions and specifications:

a. Approval shall be required by the contractor and the public works director or designee prior to providing mobile cart service where requested by a commercial account.

b. A commercial account may purchase a mobile cart from the contractor, or provide their own mobile cart if the cart is compatible with the contractor’s equipment and meets the minimum specifications as provided in the contracts for the collection and disposal of solid waste and recyclable materials, provided any commercial account that purchases their own cart shall be charged the same rate as that charged for the equivalent contractor-supplied cart. In addition, a commercial account shall be responsible for all maintenance, repairs, and cleaning of the cart.

(c) It shall be the duty of the resident or owner of any premises at all times to keep, or cause to be kept, approved receptacles, as defined above, and to deposit or cause to be deposited therein all solid waste, except as otherwise herein provided.

(d) It shall be unlawful for any person to obtain the temporary use of solid waste collection services of another person by disposing of their solid waste in another person’s approved receptacle without the consent of the other person, as provided in Idaho Code, Section 18-2408.

(e) All approved receptacles shall be water-tight; equipped with close-fitting lids, covers, or securely tied; or otherwise closed to prevent the contents thereof from being carried, blown, scattered, spilled, tracked or otherwise deposited upon any street, alley, or other public or private property located within the city of Lewiston.

(f) Solid waste shall not be compacted in an approved receptacle to the extent of obstructing free and easy removal from the receptacles. Residents and owners shall restrain their animals from spreading solid waste or recyclable materials left for collection or from interfering with pickup personnel during collection. (Ord. No. 3270, § 5, 8-15-75; Ord. No. 3509, § 1, 10-29-79; Ord. No. 3716, § 2, 11-28-83; Ord. No. 3790, § 2, 8-12-85; Ord. No. 3831, § 1, 9-8-86; Ord. No. 4005, § 3, 7-1-91; Ord. No. 4169, § 1, 9-16-96; Ord. No. 4471, § 2, 4-9-07; Ord. No. 4603, § 2, 9-23-13)

Sec. 17-21. Solid waste/yard waste/recyclable materials; receptacle placement; upkeep and accessibility.

(a) All receptacles shall be placed for collection outside of all buildings at ground level and placed adjacent to the curb, or adjacent to the travelway where curb does not exist, or in the alley adjoining such premises, or other convenient place easily accessible to the contractor. If no alley is conveniently available, receptacles may be placed within the public right-of-way or at such places as the solid waste division may direct. At no time shall any receptacles be placed in any portion of the travelway of the improved street or alley. All collection points shall be curbside except commercial containers and alley pickups. All residential receptacles shall be placed out for service by 7:00 a.m. on collection day.

(b) All receptacles shall be replaced upright where found, with lids shut or replaced on them. Receptacles and lids shall not be placed or thrown on streets, alleys, highways or on adjoining property. The contractor shall not permit receptacles to be thrown from the truck to the pavement or parkway nor in any other way permit damage to occur by rough or improper handling thereof. Space, private ground, public streets, alleys or the area around the receptacles and the collection truck shall be left free from solid waste spilled during collection. The contractor shall be responsible for removal of such spillage, but shall not be responsible for cleaning up conditions created by the resident around such receptacles.

(c) Receptacles stored in enclosures will be collected only if the enclosures are unlocked and the receptacles are accessible to the contractor. Enclosures, except those for commercial containers, shall be immediately adjacent to the street or alley from which collection is to be made.

(d) Containers shall be placed outside of all buildings and structures so as to provide adequate access for collection vehicles. It shall be the responsibility of the user, not the city or the contractor, to provide adequate access.

(e) At other than commercial container pickup, all receptacles shall be placed and removed from the curbline edge of the travelway where curb does not exist or alley right-of-way within twenty-four (24) hours of service. Any unauthorized accumulation of solid waste or recyclable materials on any premises or failure to remove the receptacle as provided heretofore is hereby prohibited and declared to be a public nuisance and a misdemeanor. (Ord. No. 3270, § 6, 8-15-75; Ord. No. 3790, § 3, 8-12-85; Ord. No. 4005, § 4, 7-1-91; Ord. No. 4171, § 1, 11-18-96; Ord. No. 4471, § 2, 4-9-07; Ord. No. 4574, § 1, 2-13-12; Ord. No. 4603, § 2, 9-23-13)

Sec. 17-22. Frequency of collection.

(a) Solid waste collection for residential single-unit and multi-unit dwellings using mobile cart service shall be one (1) time per week, with the service day corresponding to the contractor-approved residential collection route plan.

(b) Solid waste accumulated at the premises of commercial and business places, particularly where large accumulations of such solid waste regularly occur, shall be collected at least once each week except as provided herein for roll-off container service.

(c) If a residential or commercial user desires a greater frequency of collection, such residential or commercial user may pay an additional fee, rate or charge as set by resolution of the city council.

(d) If a user desires to change service level following the initial delivery of a residential or commercial cart, such user may change service level one (1) time free of charge; however, subsequent changes will be assessed a fee as set by resolution of the city council.

(e) Collection of drop box/roll-off containers and roll-off compaction containers shall be on call with 24-hour notification to the contractor, with minimum monthly service. Food service establishments or generators of food waste or putrescible solid waste using drop box/roll-off containers shall be collected a minimum of one (1) time per week.

Provided, however, that wherever the user requests and can show the absence of any nuisance or unsanitary condition, as defined by applicable city codes, the frequency of collection may be an interval of fourteen (14) days.

Nothing herein shall prohibit the solid waste division from requiring greater frequency of collection or immediate collection to abate any nuisance or unsanitary condition, including if the user regularly is unable to place all solid waste in the receptacle with the lid closed prior to placing for collection. Charges for such abatement shall be set by resolution of the city council. (Ord. No. 3270, § 7, 8-15-75; Ord. No. 3509, § 2, 10-29-79; Ord. No. 3716, § 3, 11-28-83; Ord. No. 3790, § 4, 8-12-85; Ord. No. 4005, § 5, 7-1-91; Ord. No. 4471, § 2, 4-9-07; Ord. No. 4574, § 1, 2-13-12; Ord. No. 4603, § 2, 9-23-13)

Sec. 17-23. Precollection practices.

(a) Before being placed or deposited in approved receptacles for collection, all solid waste shall be drained of all liquids and may be wrapped and placed in paper or plastic bags.

(b) No gasoline, solvent, oil, paint or other hazardous waste or prohibited material shall be placed in the receptacles.

(c) No tires shall be placed in approved receptacles.

(d) No yard waste, sod or roots shall be placed in approved receptacles.

(e) Small quantities of construction debris, except concrete, concrete block, asphalt, brick and rock, may be deposited in the mobile cart approved for solid waste collection; provided, that the lid of the mobile cart can still be closed; and provided, that the weight of the mobile cart, with all enclosed solid waste, does not exceed the weight limit established in this article.

(f) At premises where large accumulations of solid waste occur, the resident or owner of such premises may place sanitary containers in an enclosure specifically designed for containers. All enclosures shall be cleaned by the owner of such refuse enclosures on a regular basis and so constructed as to provide adequate ingress and egress.

(g) All materials stored in refuse enclosures will be presumed to be refuse for disposal and will be removed by the contractor unless the collection of such materials is prohibited in this code. Claims for such materials will not be recognized.

(h) Container storage locations shall be designed to comply with appropriate A.N.S.I. safety requirements and any city standards relating to these locations.

(i) Before being placed or deposited in approved receptacles for collection all Styrofoam packing “peanuts” shall be placed in a plastic bag and securely bound. Receptacles containing loose Styrofoam packing “peanuts” will not be emptied. (Ord. No. 3270, § 8, 8-15-75; Ord. No. 3790, § 5, 8-12-85; Ord. No. 4005, § 6, 7-1-91; Ord. No. 4075, § 3, 6-28-93; Ord. No. 4145, § 1, 9-25-95; Ord. No. 4364, § 1, 9-13-04; Ord. No. 4471, § 2, 4-9-07; Ord. No. 4603, § 2, 9-23-13)

Sec. 17-24. Special services.

(a) The city reserves the right to, and may at its option, require the separation of garbage, rubbish or other components of solid waste, require the deposit thereof in separate containers, and prescribe the method of disposal thereof. The city also reserves the right to issue further regulations for the placement and disposal of materials for resource and/or energy recovery.

(b) All demolition agreements signed with the city that specify the primary types of demolition materials, including, but not limited to, lumber and wood products, concrete products, metal, and plastics, may be subject to the requirements above. (Ord. No. 3270, § 9, 8-15-75; Ord. No. 3790, § 6, 8-12-85; Ord. No. 4471, § 2, 4-9-07; Ord. No. 4603, § 2, 9-23-13)

Sec. 17-25. Reserved.

Editor’s note – Ord. No. 4603, § 2, adopted Sept. 23, 2013, repealed § 17-25, pertaining to rates, fees and charges, derived from Ord. No. 3270, § 10; Ord. No. 3302, § 1; Ord. No. 3340, § 1; Ord. No. 3553, § 2; Ord. No. 3790, § 7; Ord. No. 3933, § 1; Ord. No. 4169, § 2; Ord. No. 4274, § 1; Ord. No. 4312, § 1; Ord. No. 4338, § 1; Ord. No. 4364, § 2; Ord. No. 4431, § 1; Ord. No. 4464, § 1; Ord. No. 4471, § 2.

Sec. 17-26. License required; restrictions on operations.

(a) It shall be unlawful for any person to engage in the business of collecting, transporting, processing or disposing of solid waste or recyclable materials accumulated within the city over any of the streets, alleys or public ways of the city unless such person has received a license, contract or franchise therefor from the city.

(b) It shall be unlawful for any person to engage in the business of transporting any solid waste upon Interstate Bridge or the other streets and alleys of the city except to the city solid waste transfer station established pursuant to this article, with the following exceptions:

(1) An employee or contractor of the city or Nez Perce County who is specifically authorized to transport solid waste from the transfer station to the landfill site.

(2) Persons transporting solid waste items such as hazardous materials and prohibited items which are not acceptable at the transfer station but transported to another site designated by the city for receiving such materials.

(3) Nothing herein shall be deemed as prohibiting any resident or owner from transporting their own solid waste to another site designated by the city for receiving such materials.

(c) It shall be unlawful for any person to permit, or to cause, the accumulation in or about any premises or upon any street, alley or public way of the city adjacent to such premises, owned or occupied by him, solid waste or recyclable materials in an amount or manner as to constitute a health hazard or a nuisance as defined by applicable litter codes.

(d) It shall be unlawful to place, deposit or leave, or to permit to remain anywhere in the city, any solid waste or recyclable materials except as provided in this article.

(e) It shall be unlawful to cause or permit to accumulate any solid waste or recyclable materials in such a manner that they can be blown away by the wind or cause littering of public or private premises, streets, alleys and public ways of the city.

(f) It shall be unlawful to burn any solid waste or recyclable materials outside of any building at any time in the city unless a permit has been obtained from the city therefor.

(g) Nothing herein shall be deemed as prohibiting any person from hauling solid waste or recyclable materials without compensation; provided, that no person shall haul solid waste or recyclable materials except to a site designated by the city for receiving such materials; and provided further, that such person shall not thereby be relieved of payment of any fees or charges set forth in Chapter 36.5 of this code.

(h) A willful violation of any of the foregoing provisions shall be a misdemeanor. A continuing violation of any such provision is hereby declared to be a public nuisance. (Ord. No. 3270, § 11, 8-15-75; Ord. No. 4471, § 2, 4-9-07; Ord. No. 4603, § 2, 9-23-13)

Sec. 17-27. Hazardous wastes and prohibited materials.

(a) The contractor shall not collect or transport to the disposal site or transfer station any hazardous wastes such as poisons, acids, caustics and explosives, wearing apparel and bedding or other solid waste from any place such as hospitals or any premises where a highly infectious contagious disease has prevailed. All requests for collection of any hazardous wastes shall be referred directly to the North Central District Health Department or the Idaho Department of Environmental Quality by the contractor.

(b) Every residential account and commercial account shall be responsible to determine whether or not its volumes of waste contain hazardous waste, and to ensure that all hazardous waste is properly disposed of according to federal, state and local requirements.

(c) Except as provided in this article, the contractor shall not be required to collect waste building materials from construction, alteration, repair, moving or demolition of buildings or structures, nor large objects, such as tree stumps, tree trunks, large limbs or logs, automobile or truck bodies and tires, couches, refrigerators, carpets, water heaters, industrial or agricultural refuse, hot ashes, animal feces, or dead animals.

If a residential or commercial user desires collection of waste building materials and large objects, such residential or commercial users may contract for those collection services with another person licensed to perform such services.

(d) Disposal of hazardous waste at the transfer station that exhibits one (1) or more of the characteristics identified in the Code of Federal Regulations (40 CFR Part 261), or hazardous waste that appears on any of four (4) specific lists issued by the U.S. Environmental Protection Agency, is prohibited and shall be a misdemeanor and punishable by a fine of one thousand dollars ($1,000.00), imprisonment of up to one (1) year or both.

(e) Disposal of hazardous wastes commonly referred to as “universal wastes” may be accepted subject to limitation at the moderate risk waste facility described in section 17-28 of this code.

(f) In addition to the criminal penalties provided in subsection (d) of this section, the person that generated the hazardous waste shall be responsible for any cleanup costs associated with the proper disposal of the hazardous waste, and the person may be fined up to ten thousand dollars ($10,000.00) in addition to the costs associated with the proper disposal of the hazardous wastes. (Ord. No. 3270, § 12, 8-15-75; Ord. No. 3814, § 1, 4-28-86; Ord. No. 4145, § 2, 9-25-95; Ord. No. 4471, § 2, 4-9-07; Ord. No. 4603, § 2, 9-23-13)

Sec. 17-28. Solid waste transfer station and household moderate risk waste facility.

(a) For the protection and preservation of the safety, health, and general welfare of the inhabitants of the city, there is hereby established at such places and locations as the city council may from time to time designate a place for depositing solid waste and recyclable materials, to be known as the city solid waste transfer station.

(b) The rates, fees or charges for depositing solid waste at the transfer station shall be as set forth by resolution of the city council.

(c) All charges for depositing solid waste at the transfer station shall be recorded against the service address identified on the current utility bill from which the solid waste was generated.

(d) The city may make and enforce rules and regulations governing the operation and maintenance of the transfer station in addition to the following specifications and conditions for the receiving and transporting of solid waste and recyclable materials:

(1) Any person depositing waste material at the transfer station shall produce a copy of their current city utility bill, or county tax assessment, showing the service address from which the waste material was generated, prior to depositing the material.

(2) No burning shall be permitted.

(3) The transfer station shall be adequately operated to prevent unauthorized dumping. The city shall provide adequate fencing and site development including earth barriers to control littering, and the contractor shall make every effort for adequate litter control at the transfer station and on the approach roads.

(4) The city or its employees shall be responsible for maintaining the transfer station free of rats and other nuisances.

(5) Any person transporting solid waste, recyclable materials, construction or demolition debris to the city transfer station shall deposit the same at the places designated by the transfer station employees.

(e) Liquid wastes shall not be disposed of at the transfer station.

(f) All pesticide containers and hazardous waste containers shall be drained, triple-rinsed and punctured prior to disposal. Each residential and commercial user must declare that all pesticide containers and hazardous waste containers have been drained, triple-rinsed and punctured prior to disposal.

(g) All nonhazardous waste containers of five (5) gallons or more shall be completely drained, rinsed and punctured.

(h) Final disposal of solid waste, recyclable material, and moderate-risk waste at the transfer station shall be the responsibility of the city.

(i) Construction or demolition debris will only be accepted from residential, self-haul users. No commercial or self-dumping loads of construction or demolition debris will be accepted at the transfer station.

(j) Yard waste will not be accepted at the transfer station from any person or residential account or commercial account.

(k) To encourage recycling and proper disposal of some common hazardous wastes referred to as “universal wastes” by the U.S. Environmental Protection Agency, there is hereby established the household moderate-risk waste facility located at the city Transfer Station.

(l) The city may make and enforce rules and regulations governing the operation and maintenance of the household moderate-risk waste facility in addition to the following specifications and conditions for the receiving of moderate-risk waste from residential accounts:

(1) Latex-based paint in quantities of five (5) gallons or less, maximum five (5) gallons per day accepted.

(2) Anti-freeze in quantities of five (5) gallons or less, more than five (5) gallons per day accepted.

(3) Motor oil in quantities of five (5) gallons or less, more than five (5) gallons per day accepted.

(4) Batteries in single or bulk quantities.

(5) Each residential account must declare its volumes of universal waste prior to disposal. (Ord. No. 3270, § 13, 8-15-75; Ord. No. 3814, § 2, 4-28-86; Ord. No. 4145, § 3, 9-25-95; Ord. No. 4299, § 1, 2-25-02; Ord. No. 4471, § 2, 4-9-07; Ord. No. 4603, § 2, 9-23-13)

Sec. 17-29. Solid waste division.

There is hereby created the solid waste division of the public works department of the city. Said division shall be responsible for the administration of contracts between the city and contractors for the collection, removal and disposal of solid waste including recyclable materials, and, if applicable, moderate-risk hazardous waste. (Ord. No. 3270, § 14, 8-15-75; Ord. No. 3814, § 3, 4-28-86; Ord. No. 4005, § 7, 7-1-91; Ord. No. 4471, § 2, 4-9-07; Ord. No. 4574, § 1, 2-13-12; Ord. No. 4603, § 2, 9-23-13)

Sec. 17-30. Contract authorization.

The city may contract for the collection, removal, transportation and disposal of solid waste, recyclable materials, hazardous waste or yard waste, operation and maintenance of the transfer station, or any combination thereof. All contracts shall be authorized and let solely in the manner provided by Idaho Statutes, Title 50-344. (Ord. No. 3270, § 15, 8-15-75; Ord. No. 4471, § 2, 4-9-07; Ord. No. 4603, § 2, 9-23-13)

Sec. 17-31. Home occupations.

Home occupations as authorized by Lewiston City Code may be permitted to combine residential service and commercial service into one (1) account under the residential rate structure where requested by the owner. A sufficient number of approved receptacles as determined by the solid waste division shall be provided for the collection of all refuse. (Ord. No. 3790, § 8, 8-12-85; Ord. No. 4471, § 2, 4-9-07; Ord. No. 4574, § 1, 2-13-12; Ord. No. 4603, § 2, 9-23-13)

Sec. 17-32. Exemption from curb or alley service.

Residents who because of physical constraints cannot bring their solid waste, yard waste or recyclable materials to the curb or alley in an approved receptacle may be granted an exemption from doing so upon written representation from the resident to the city that there is no able-bodied person residing at the service address who can place the approved receptacle out for collection. The city shall notify the contractor to make the necessary arrangements for collections. (Ord. No. 3790, § 9, 8-12-85; Ord. No. 4005, § 8, 7-1-91; Ord. No. 4471, § 2, 4-9-07; Ord. No. 4603, § 2, 9-23-13)

Sec. 17-33. Mobile cart service.

(a) Damaged carts. Mobile carts shall be provided by the contractor. All mobile carts shall remain the property of the contractor. Mobile carts are provided and assigned to residences and businesses for the health, safety, convenience, and general welfare of the occupants. The occupant shall be responsible for keeping the cart clean. Carts which are damaged, destroyed, or stolen through abuse, neglect or improper use by the owner or occupant shall be replaced, at the discretion of the solid waste division, by the contractor at the expense of the owner of the residence or owner of the business. Carts which are damaged in the course of normal and reasonable usage or which are damaged, destroyed, or stolen through no abuse, neglect, or improper use by the owner or occupant shall be repaired or replaced by the contractor at no charge to the owner. The carts shall not be damaged, destroyed, the lid removed, or the cart removed from the residence or business by any person; markings and identification devices on the carts, except as placed or specifically permitted by the contractor and the city, are expressly prohibited and shall be regarded as damage to the carts.

Where the solid waste division determines that an owner shall not receive a replacement cart, the owner or occupant shall use owner- or occupant-supplied approved receptacles for residential and commercial service. Where such receptacles are in use, the owner shall be charged the same rate for the same residential or commercial service.

(b) Resident-provided cart. Residential owners may purchase a mobile cart from the contractor, or provide their own mobile cart. The residential owner-supplied cart must be compatible with the contractor’s equipment and meet the minimum specifications identified in the contracts for the collection and disposal of solid waste and recyclable materials. Residential owners who purchase their own cart shall be charged the same rate as that charged for the equivalent contractor-supplied cart. In addition, residential owners shall be responsible for all maintenance, repairs, and cleaning of their carts.

(c) Additional service. A sufficient number of mobile carts shall be in use by residential and commercial users, if applicable, to contain all refuse placed for collection. All refuse shall be placed in the mobile cart except as provided for the collection of additional garbage units. Additional garbage units for residential and commercial shall be collected at the rate set by resolution of the city council. The residential or commercial user shall notify the contractor a minimum of one (1) day prior to collection day to collect the specified number of additional garbage units. Failure to notify the contractor one (1) day prior to collection day may result in noncollection of additional garbage units on collection day placed outside the mobile cart.

Acceptable garbage units for residential accounts shall be plastic bags not to exceed a gross weight of thirty-five (35) pounds, with a gauge of not less than one and four-tenths (1.4) mils. Acceptable garbage units for commercial accounts are provided in this article. (Ord. No. 3790, § 10, 8-12-85; Ord. No. 4005, § 9, 7-1-91; Ord. No. 4169, § 3, 9-16-96; Ord. No. 4471, § 2, 4-9-07; Ord. No. 4574, § 1, 2-13-12; Ord. No. 4603, § 2, 9-23-13)

Sec. 17-33.1. Yard waste collection.

(a) Collection hours and days. Collection of yard waste shall be made between the hours of 7:00 a.m. and 5:00 p.m., Monday through Friday. Collection shall occur as follows:

(1) Weekly service beginning the last full week of March and continuing through November.

(2) Monthly service during the first (1st) through the seventh (7th) calendar day on regular garbage day of each month December through March.

(b) Approved receptacles. All yard waste as defined herein shall be placed in approved receptacles and collected without limitation to volume.

Approved receptacles for yard waste collection shall include the following:

(1) Cans. Watertight, metal or plastic cans of not less than 20-gallon capacity, nor more than 32-gallon capacity. The total combined weight of the can and yard waste shall not exceed fifty (50) pounds. A can shall be equipped with handles and a close-fitting, detachable cover.

Where refuse cans are approved receptacles for use, the contractor shall not be required to empty cans with deteriorated bottoms or cans worn out to the extent they no longer meet the requirements for approved receptacles. The collector shall tag such cans indicating the reason for nonservice.

The contractor shall remove and dispose of deteriorated refuse cans placed out for service upon the direction of the solid waste division or where the owner-occupant posts on the can(s) a signed request to remove.

(2) Bags.

a. Disposable (nonreturnable) paper bags, which shall be fifty (50) pounds wet strength kraft paper, the gross weight of which shall not exceed fifty (50) pounds.

b. Disposable (nonreturnable) plastic bags with a gauge of not less than one and four-tenths (1.4) mils; provided, that plastic bags shall only be allowed for curbside yard waste collection during the months of November, December, January, February, and March. The gross weight of the plastic bag and contents shall not exceed thirty-five (35) pounds.

(3) Bundles. Tree trimmings of securely tied bundles shall not exceed four (4) feet in length and two (2) feet in diameter. Bundles may be tied with string or twine. Plastic or wire ties are not acceptable.

(c) Non-approved receptacles. Mobile garbage carts are for refuse disposal only and shall not be approved receptacles for yard waste. Non-approved receptacles containing yard waste, or approved receptacles containing yard waste contaminated with refuse or recyclable materials, will not be collected.

(d) Placement of yard waste. Yard waste shall be placed at the curb or edge of travelway where no curb exists.

For alley service, yard waste shall not be placed beyond any fence, structure, or other obstruction which limits access, except as provided in section 17-32 of this code.

(e) Destination. All yard waste collected by the contractor and all yard waste transported by residents, lawn care operations, or other self-haul operations shall be delivered to the city-contracted compost facility, or such site approved and designated by the city.

(f) Residential self-haulers may deposit yard waste free of charge at the city-contracted compost facility with a copy of their current city utility bill, or county tax assessment, showing the service address from which the yard waste material was generated.

(g) Commercial self-haulers shall be responsible for all rates, fees or charges incurred by them depositing yard waste at the city-contracted compost facility, and shall be eligible for the same unit tonnage rate for the city-designated contract hauler and city collection vehicles. (Ord. No. 4005, § 10, 7-1-91; Ord. No. 4075, § 2, 6-28-93; Ord. No. 4169, § 4, 9-16-96; Ord. No. 4471, § 2, 4-9-07; Ord. No. 4574, § 1, 2-13-12; Ord. No. 4603, § 2, 9-23-13)

Sec. 17-33.2. Recyclable materials – Curbside collection, processing and marketing.

(a) The curbside collection, processing and marketing of recyclable materials shall be done in accordance to the provisions and specifications set forth in the curbside collection contract between the city and the contractor providing for such service.

(b) Recyclable materials placed out by the generator at curbside using contractor-provided carts for collection by the contractor and shall be removed by the contractor or his designated agent only. Unauthorized collection of recyclable materials from contractor-provided carts shall be prohibited and declared to be a misdemeanor punishable as provided in the Lewiston City Code. (Ord. No. 4171, § 2, 11-18-96; Ord. No. 4471, § 2, 4-9-07; Ord. No. 4603, § 2, 9-23-13)

ARTICLE III. WEEDS

Sec. 17-34. Declared nuisance.

The city hereby declares that overgrown and/or uncontrolled vegetation within the city is a public nuisance. Such vegetation can cause a blighting effect on neighborhoods and provide a refuge for vermin and insects. The purpose of this article is to protect the public health, safety, and general welfare of the residents and property owners of the city. (Code 1960, § 12-13; Ord. No. 3996, § 1, 4-8-91; Ord. No. 4071, § 1, 6-14-93; Ord. No. 4603, § 2, 9-23-13; Ord. No. 4718, § 2, 4-9-18)

Sec. 17-35. Abatement.

No property owner within the city shall:

(1) Allow or permit grass and/or weeds, excluding ornamental grass, to grow more than twelve (12) inches in height upon such property or upon any areas adjacent to such property, from the edge of the adjacent street paving, centerline of adjacent alley travelways, or centerline of adjacent undeveloped right-of-way;

(2) Allow or permit any vegetation or tree growth to overhang below nine (9) feet above the right-of-way area, from the edge of the travelway to the property line of the adjacent property, or rest upon the sidewalk and/or sidewalk space adjacent to such property so as to interfere in any manner with the full, free, and unobstructed use of such sidewalk or sidewalk space;

(3) Allow or permit any vegetation growth within the right-of-way, from the edge of the travelway to the property line of the adjacent property, that would obstruct the clear vision area, as defined in Chapter 31 of this code, of an intersection, driveway, or other area as determined by the public works director or designee.

This subsection shall not apply to trees placed on the right-of-way and maintained pursuant to the urban forestry program and/or pursuant to the authority of the public works director;

(4) Allow or permit any vegetation or tree growth to overhang below fourteen (14) feet above any public travelway designated for motor vehicle traffic. Measurements shall be determined from the centerline elevation of the adjacent travelway;

(5) Allow or permit any vegetation upon such property or upon any areas adjacent to such property, from the edge of the adjacent street paving, centerline of adjacent alley travelways, or centerline of adjacent undeveloped right-of-way, to the extent that it creates a fire hazard as determined by the Lewiston fire department;

(6) Allow or permit any tree infested with disease or insects to remain standing without application of proper treatment(s) to correct and/or eliminate the disease or infestation. If said tree is determined by the city forester to be dying or dead, the tree shall be removed within ten (10) days after receipt of written notice from the code enforcement officer or designee. (Code 1960, § 12-14; Ord. No. 2491, § 1; Ord. No. 3996, § 2, 4-8-91; Ord. No. 4071, § 2, 6-14-93; Ord. No. 4603, § 2, 9-23-13; Ord. No. 4718, § 3, 4-9-18)

Cross reference – Fire code, § 15-1.

Sec. 17-36. Abatement of violation – By city.

(a) Notice to abate violation(s). If any property located within the city is in violation of this article, the code enforcement officer or designee shall serve notice upon the owner, occupant, or person in control of said property describing the violation(s) and requiring the violation(s) to be abated within seven (7) calendar days from the date such notice is delivered, except that the code enforcement officer or designee may require the violation(s) to be abated immediately if a fire hazard exists. Service of such notice shall be made by: (1) personal delivery, and such notice shall be deemed delivered immediately; (2) posting such notice on the property, which posting may be made by placing a door hanger in a conspicuous place on the property, and such notice shall be deemed delivered twenty-four (24) hours after posting; or (3) mailing such notice via certified mail to the last known address of the owner, occupant, or person in control of the property, and such notice shall be deemed delivered seventy-two (72) hours after depositing the same in the U.S. mail.

If the violation(s) is not abated within the time frame set forth in such notice, and if such notice did not include mailed notice to the property owner, then the code enforcement officer or designee shall mail an additional notice to the property owner, via certified mail to the property owner’s last known address, describing the violation(s) and requiring the property owner to abate the violation(s) within seven (7) calendar days from the date such notice is delivered, except that the code enforcement officer or designee may require the property owner to abate the violation(s) immediately if a fire hazard exists. Such notice shall be deemed delivered seventy-two (72) hours after depositing the same in the U.S. mail.

(b) Failure to comply. If the property owner fails to comply with such notice to abate, then the code enforcement officer or designee shall be authorized to cause the violation(s) to be abated and/or issue citation(s) as set forth in section 17-38 of this code.

(c) Recovery of abatement costs. If the code enforcement officer or designee causes a violation of this article to be abated, then, within thirty (30) calendar days of abatement of the violation, the city shall mail to the property owner a billing statement requiring payment to the city for the actual cost of abatement plus an administrative fee, which administrative fee shall be set by resolution of the Lewiston city council.

Such billing statement shall state: (1) the address and parcel number of the subject property; (2) the date of abatement; (3) the amount of abatement costs, including the administrative fee; (4) if such costs and fee are not paid in full within thirty (30) calendar days of mailing of the billing statement, then the city may attempt to recover such costs and fee through city bill collection procedures and/or levy a special assessment against the subject property pursuant to Idaho Code, Sections 50-334 and 50-1008; and (5) if such special assessment is not paid within thirty (30) calendar days, then such special assessment shall be placed on the property tax roll and become a lien against such property.

(d) Nonpayment of abatement costs. If full payment is not made to the city within thirty (30) calendar days of mailing of the billing statement, then the city may:

(1) Attempt to recover such amount through city bill collection procedures; and/or

(2) Levy a special assessment against the subject property pursuant to Idaho Code, Sections 50-334 and 50-1008 and/or any subsequently adopted or otherwise applicable laws. If payment to the city treasurer is not made within thirty (30) calendar days after the property owner is notified pursuant to subsection (c) of this section, then such special assessment may be declared delinquent and be certified to the tax collector of Nez Perce County by the city clerk not later than August 1st of each year. Upon such certification, such special assessment shall be placed upon the tax roll and thereafter become a lien against the property described in the notice and shall be collected in the same manner and subject to the same penalties as other city taxes. Upon payment of such special assessment and administrative fee, in full, the city clerk shall file a release of lien with the Nez Perce County assessor. (Ord. No. 3213, § 2, 6-17-74; Ord. No. 3996, § 3, 4-8-91; Ord. No. 4071, § 3, 6-14-93; Ord. No. 4243, § 1, 9-13-99; Ord. No. 4603, § 2, 9-23-13; Ord. No. 4718, § 4, 4-9-18)

Sec. 17-37. Noxious weeds.

The code enforcement officer or designee may notify Nez Perce County of the presence of any noxious weeds within the city. (Ord. No. 4718, § 5, 4-9-18)

Editor’s note – Ord. No. 4603, § 2, adopted Sept. 23, 2013, repealed former § 17-37, pertaining to definitions, derived from Ord. No. 3996, § 4; Ord. No. 4071, § 4.

Sec. 17-38. Penalty for violation.

Any person or entity who owns property found to be in violation of this article shall be deemed to have committed a civil infraction and shall be fined a sum not exceeding one hundred dollars ($100.00).

In the event said person or entity pleads guilty to such civil infraction, is found guilty of such civil infraction, or default judgment is entered for such civil infraction, and the same person or entity is subsequently found to be in violation of this article again within a 36-month period from the date said person or entity pleaded guilty to such civil infraction, was found guilty of such civil infraction, or default judgment was entered for such civil infraction, then said person or entity shall be deemed to have committed a misdemeanor, subject to a fine not exceeding one thousand dollars ($1,000.00) or imprisonment in the Nez Perce County jail for not more than six (6) months, or both.

Each day that the property remains in violation of this article shall constitute a separate offense. (Ord. No. 4243, § 2, 9-13-99; Ord. No. 4603, § 2, 9-23-13; Ord. No. 4718, § 6, 4-9-18)

Secs. 17-3917-48. Reserved.

ARTICLE IV. LITTER3

Sec. 17-49. Definitions.

Refuse: All putrescible and nonputrescible solid wastes, except body waste, including garbage, trash, ashes, street cleanings, dead animals, junk and solid market and industrial waste.

Rubbish: Any nonputrescible solid waste consisting of both combustible or noncombustible waste and including, but not limited to, yard clippings, leaves, wood, tree trimmings, and other similar materials.

Vehicle: Any device in, upon, or by which a person or property is or may be transported or drawn upon the street, except devices moved solely by human power or used exclusively upon stationary rails or tracks. (Ord. No. 3527, § 1, 8-25-80; Ord. No. 3996, § 5, 4-8-91; Ord. No. 4289, § 1, 9-10-01; Ord. No. 4603, § 2, 9-23-13)

Sec. 17-50. Littering.

(a) It shall be unlawful for any person to intentionally throw or deposit any litter or rubbish within the corporate limits of the city of Lewiston, Idaho.

(b) It shall be unlawful for any person to cause any litter to be carried, blown, scattered or deposited in any manner upon any street, sidewalk, or other public place, river, canal, public waterway, drain, sewer or any receiving basin within the corporate limits of the city of Lewiston, Idaho. (Ord. No. 3527, § 1, 8-25-80; Ord. No. 3996, § 6, 4-8-91; Ord. No. 4603, § 2, 9-23-13)

Sec. 17-51. Placement of receptacles to prevent littering.

(a) All persons placing litter in public receptacles or authorized private receptacles as established by the provisions of the solid waste ordinance of the city of Lewiston, Idaho, or its successor ordinance, shall do so in such a manner as to prevent the litter from being carried, blown, scattered, or otherwise deposited by the elements upon any street, sidewalk or public place or upon any private property within the city limits of Lewiston, Idaho.

(b) All receptacles for litter placement shall be equipped with close-fitting lids or covers or shall be otherwise securely enclosed in such a manner that the contents of the receptacle cannot be carried, blown, scattered or otherwise deposited by the elements upon any street, sidewalk or public place or upon any private property within the city limits of Lewiston, Idaho. (Ord. No. 3527, § 1, 8-25-80; Ord. No. 4603, § 2, 9-23-13)

Sec. 17-52. Sweeping litter into gutters prohibited.

It shall be unlawful for any person to sweep into or deposit upon or place in any gutter, sidewalk, street or other public place in the city of Lewiston, Idaho, any accumulation of litter from any building or lot or from any public or private driveway. Persons owning or occupying property shall keep the sidewalk in the front of their premises free from such litter. (Ord. No. 3527, § 1, 8-25-80; Ord. No. 4603, § 2, 9-23-13)

Sec. 17-53. Merchant’s duty to keep sidewalks clean.

No person owning or occupying a place of business shall sweep into or deposit or place upon any gutter, street or other public place within the city any accumulation of litter from any building or lot or any public place or private sidewalk or driveway. Persons owning or occupying places of business within the city shall keep the sidewalk in front of their premises free from such litter. (Ord. No. 3527, § 1, 8-25-80; Ord. No. 4603, § 2, 9-23-13)

Sec. 17-54. Reserved.

Editor’s note – Ord. No. 3996, § 11, adopted April 8, 1991, amended the code by deleting provisions contained in § 17-54. Said provisions pertained to litter thrown by persons in vehicles and derived from Ord. No. 3527, § 1, adopted Aug. 25, 1980.

Sec. 17-55. Vehicle loads causing litter.

It shall be unlawful for any person to use any truck, pickup, trailer or other vehicle within the city to haul or transport any kind of litter or rubbish unless such truck or vehicle is designed, constructed and properly covered so as to prevent any load or the contents thereof from being carried, blown, scattered, spilled, tracked or otherwise deposited upon any street, alley or other public or private property located within the city of Lewiston, Idaho. Construction materials such as rock, sand and dirt not susceptible to shifting, blowing, spilling or leakage must be covered only when necessary to prevent spillage. (Ord. No. 3527, § 1, 8-25-80; Ord. No. 3996, § 7, 4-8-91; Ord. No. 4603, § 2, 9-23-13)

Sec. 17-56. Proper load covering.

(a) Proper covering for loads shall be of the following type:

(1) Fabric, canvas or plastic tarp of durable strength.

(2) Metal mesh screen.

(3) Fabric mesh screens or nets.

(4) Loads of tree limbs or brush shall be securely tied or may be covered by any of the methods heretofore described in this section.

(b) The loss of any load or the contents thereof from any vehicle shall be prima facie evidence of improper covering and/or tying within the means of this section. (Ord. No. 3527, § 1, 8-25-80; Ord. No. 3996, § 8, 4-8-91; Ord. No. 4603, § 2, 9-23-13)

Secs. 17-5717-60. Reserved.

Editor’s note – Ord. No. 3996, § 11, adopted April 8, 1991, amended the code by deleting provisions contained in §§ 17-57 – 17-60. Said provisions pertained to litter in parks, lakes and fountains, dropped from aircraft, and on occupied private property and derived from Ord. No. 3527, § 1, adopted Aug. 25, 1980.

Sec. 17-61. Owner to maintain premises free of litter.

The owner or person in control of any private property shall at all times maintain the private property free of litter; provided, however, that this section shall not prohibit the storage of such litter as provided elsewhere in this chapter. (Ord. No. 3527, § 1, 8-25-80; Ord. No. 4603, § 2, 9-23-13)

Secs. 17-62, 17-63. Reserved.

Editor’s note – Ord. No. 3996, § 11, adopted April 8, 1991, amended the code by deleting provisions contained in §§ 17-62 and 17-63. Said provisions pertained to litter on vacant lots and construction sites and derived from Ord. No. 3527, § 1, adopted Aug. 25, 1980.

Sec. 17-64. Clearing of litter from private property by city.

(a) Notice to remove. The code enforcement officer of the city of Lewiston is hereby authorized and empowered to serve notice upon the owner, person in control or contract purchaser of any private property located within the city limits of Lewiston, Idaho, describing the violation(s) of this article and directing and requiring said owner, person in control or contract purchaser to promptly remove any litter from said property or from any sidewalks, alleys and parking abutting such private property if such sidewalks, alleys or parking exists. Such notice shall be accomplished by posting said notice on the real property whereon the litter is to be removed and by mail, addressed to said owner at his/her last address of record.

(b) Action upon noncompliance. Upon the failure, neglect or refusal of any owner, after being notified as provided for in subsection (a) of this section, to properly dispose of and remove all items on said real property within the time period stated in the notice of violation, then the code enforcement officer hereby is authorized and empowered to cause such litter to be removed.

(c) Charges for removal or disposal, special assessments. When the city has caused litter on private property to be removed and/or disposed as provided for hereinabove in this section, then the actual cost for such removal and/or disposal plus accrued interest at the rate of not more than six (6) percent per annum from the date of the completion of such disposal and/or removal shall be chargeable and assessable against the owner of the subject property. If not paid within thirty (30) days to the city treasurer of the city of Lewiston, Idaho, all such charges shall be declared delinquent and may be certified to the tax collector of Nez Perce County by the city clerk and collected in the manner provided for by Idaho Code, Section 50-1008 or any other manner permitted by law. (Ord. No. 3527, § 1, 8-25-80; Ord. No. 3996, § 10, 4-8-91; Ord. No. 4289, § 2, 9-10-01; Ord. No. 4603, § 2, 9-23-13)

Sec. 17-65. Unlawful removal.

It shall be unlawful for any person to remove or to move any receptacle for the placement of litter from any private property or public property in the city. This section shall not apply to any authorized city employee or agent, or to the person owning the property or placing the receptacle thereon. (Ord. No. 3527, § 1, 8-25-80; Ord. No. 4603, § 2, 9-23-13)

Sec. 17-66. Reserved.

Editor’s note – Ord. No. 3996, § 11, adopted April 8, 1991, amended the code by deleting provisions contained in § 17-66. Said provisions pertained to placement of advertising on public property and derived from Ord. No. 3527, § 1, adopted Aug. 25, 1980.

Sec. 17-67. Reserved.

Editor’s note – Ord. No. 4289, § 4, adopted Sept. 10, 2001, amended the code by renumbering the provisions of § 17-67, pertaining to placement of advertising upon motor vehicles, to § 3-6. Said provisions derived from Ord. No. 3527, § 1, adopted Aug. 25, 1980.

Sec. 17-68. Violations declared public nuisance.

The violation of any provision of this chapter shall be and is hereby declared to be a public nuisance. (Ord. No. 3527, § 1, 8-25-80; Ord. No. 4603, § 2, 9-23-13)

Sec. 17-69. Penalties.

Any violation of sections 17-50 through 17-56 of this code shall constitute an infraction punishable by a fine of one hundred fifty dollars ($150.00). A second conviction under any section 17-50 through 17-56 within two (2) years of the commission of the prior offense for which the person was convicted shall constitute an infraction and be punishable by a fine not exceeding three hundred dollars ($300.00). A third conviction under any section 17-50 through 17-56 within three (3) years of the first offense for which the person was convicted shall constitute a misdemeanor and be punishable by a fine not exceeding one thousand dollars ($1,000.00) and by imprisonment in the county jail not exceeding thirty (30) days.

Any person or entity who owns or is in control of or is the contract purchaser of real property found to be in violation of this article shall be deemed to have committed a civil infraction and for each violation shall be fined a sum not to exceed one hundred dollars ($100.00). Each day the real property remains in violation shall constitute a separate offense. (Ord. No. 3527, § 1, 8-25-80; Ord. No. 4289, § 3, 9-10-01; Ord. No. 4603, § 2, 9-23-13; Ord. No. 4644, § 2, 10-26-15)

Sec. 17-70. Remedies.

In addition to any other remedy provided for hereinabove in this chapter, the city may institute an injunction, abatement or other appropriate proceedings to enjoin, abate, or remove any condition which constitutes a violation of this article. (Ord. No. 3527, § 1, 8-25-80; Ord. No. 4603, § 2, 9-23-13)

Sec. 17-71. Accumulation of manure a nuisance.

The accumulation of manure in violation of Lewiston City Code sections 37-195 through 37-199 is hereby declared a nuisance. (Ord. No. 4354, § 6, 3-29-04; Ord. No. 4603, § 2, 9-23-13)

Sec. 17-72. Notice to remove.

The code enforcement officer of the city of Lewiston is hereby authorized and empowered to serve notice upon the owner, person in control or contract purchaser of any private property located within the city limits whereon there occurs a nuisance from accumulation of manure. The notice shall describe the violation(s) and shall direct said owner, person in control or contract purchaser to promptly remove any manure from said property. Said notice shall be accomplished by posting said notice on the real property whereon the nuisance accumulation of manure exists and by mail and addressed to the said record owner at his or her last address of record. (Ord. No. 4354, § 6, 3-29-04; Ord. No. 4603, § 2, 9-23-13)

Sec. 17-73. Action on noncompliance.

When the owner, person in control or contract purchaser, after proper notice as provided above, and after ten (10) days fails, neglects or refuses to properly dispose of and remove all manure from the real property within the time period stated in the notice of violation, then the code enforcement officer is hereby authorized to cause such manure to be removed. (Ord. No. 4354, § 6, 3-29-04; Ord. No. 4603, § 2, 9-23-13)

Sec. 17-74. Special assessment for costs of removal.

When the code enforcement officer has caused the manure on private property to be removed and disposed of as provided in this article, and then the actual costs of such removal and disposal shall become a special assessment against said real property. All charges, if unpaid after thirty (30) days, shall be declared delinquent and may be certified by the city clerk to the Nez Perce County tax collector and collected in the manner provided for by Idaho Code, Section 50-1008 or any other manner permitted by law. (Ord. No. 4354, § 6, 3-29-04; Ord. No. 4603, § 2, 9-23-13)


1

Cross references – Sanitation at airport, § 5-61, buildings and building regulations, Ch. 10; fire protection and prevention, Ch. 13; health and sanitation, Ch. 19; manufactured homes, manufactured home parks and tourist facilities, Ch. 23.


2

Editor’s note – Ord. No. 3270, § 16, adopted Aug. 15, 1975, repealed §§ 12-1 – 12-12 of the 1960 Code, as amended by Ord. No. 2036, § 1; Ord. No. 2606, § 1; Ord. No. 2654, § 1; Ord. No. 2894, § 1, 8-17-70; Ord. No. 3038, § 1, 7-12-71; Ord. No. 3039, § 1, 7-12-71; Ord. No. 3215, § 1, 6-21-74. Said sections, which pertained to the collection of garbage and rubbish, had been codified herein as §§ 17-16 – 17-23.

Sections 1 – 15 of Ord. No. 3270 adopted provisions which were nonamendatory of the code. Inclusion herein as §§ 17-16 – 17-30 was at the discretion of the editor.


3

Editor’s note – Ord. No. 3527, § 1, enacted Aug. 25, 1980, repealed former Art. IV, §§ 17-49 – 17-65, relative to litter, and enacted in lieu thereof a new Art. IV, §§ 17-49 – 17-70, as herein set out. Former Art. IV was derived from Ord. No. 3138, §§ 1 – 16, adopted April 23, 1973, and Ord. No. 3165, § 1, adopted Sep. 24, 1973.