ORDINANCE NO. 2007- 9

AN ORDINANCE OF THE CITY OF PONDERAY, IDAHO, SETTING FORTH ITS AUTHORITY AND AMENDING TITLE 5, CHAPTER 4, PONDERAY CITY CODE BY REQUIRING ALL ABANDONED OR UNATTENDED CONTAINERS TO HAVE DOORS OR LIDS REMOVED OR BE CHAINED CLOSED; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE.

WHEREAS, It is the function of City Government to make ordinances for the health, safety and welfare of it's residents;

WHEREAS, It has come to the attention of the City Of Ponderay that abandoned and/or unattended containers are being stored in the open within the ready access of children;

WHEREAS, The City has determined that such containers are a nuisance.

NOW, THEREFORE BE IT ORDAINED by the City Council of Ponderay, Idaho that the following be and is hereby adopted as an ordinance of the City of Ponderay:

SECTION 1: AUTHORITY.

This Ordinance is adopted pursuant to the authority granted at Chapter 3, Title 50, Idaho Code.

SECTION 2: Title 5, Section 401 shall be amended to read as follows:

Abandoned Containers. It shall be unlawful for any person to leave, or permit to remain outside of any dwelling, building or other structure, or within any unoccupied or abandoned building, structure or dwelling under his or her control, in a place that is accessible to children, any abandoned and/or unattended and/or discarded icebox, refrigerator, or other container which has a door or lid which has not been either removed or chained, bolted or locked in a fashion making it impossible for children to gain access.

SECTION3: SEVERABILI

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The provisions of this Ordinance are hereby declared to be individually severable. Should any provision of this ordinance be declared invalid by a court of competent jurisdiction, such declaration shall not affect the validity of the remaining provisions.

SECTION 4: EFFECTIVE DATE

This ordinance shall be in full force and effect upon its passage and publication in one (1) issue of the Bonner County Daily Bee Newspaper.

Regularly considered, passed and approved as an ordinance of Ponderay, Idaho, done this 5th, day of November, 2007, upon roll call vote:

Jessie E. DeMers Date November 7, 2008

Mayor of the City of Ponderay

ATTEST:

Nancy B. Piatt, City Clerk

Legal SNP 9089

November 9, 2007