Chapter 2
MISCELLANEOUS OFFENSESlinklink

http://sterlingcodifiers.com/codebook/index.php?book_id=&chapter_id=41384
5-2-1: DISTRIBUTING OR SCATTERING ADVERTISEMENTS, GARBAGE OR RUBBISH:
5-2-2: SWEEPING DEBRIS INTO STREETS:
5-2-3: WEAPONS, DISCHARGE OF:
5-2-4: PROHIBITION OF THE USE OF WHEELED APPARATUS ON MUNICIPAL PROPERTY AND IN CERTAIN AREAS OF THE CITY:
5-2-5: MALICIOUS INJURY TO PUBLIC PROPERTY:
5-2-6: OVERNIGHT CAMPING:
5-2-7: PROHIBITED ACTS ON THE BOISE RIVER:

5-2-1: DISTRIBUTING OR SCATTERING ADVERTISEMENTS, GARBAGE OR RUBBISH:linklink


It shall be unlawful for any person to distribute, hand out, drop, throw, cast or discard any handbills, circulars, posters, cards, advertising matter, wastepaper, paper wrappings, sacks, cartons, boxes, discarded wrapping paper, garbage or rubbish in, upon or about any of the streets, alleys, sidewalks, avenues or public places, or in or upon any motor vehicle, or in open spaces, or vacant lots, or in yards or stoops or privately owned premises in the City; provided, however, it shall not be unlawful to distribute newspapers capable of being entered in the mail as second class mail matter, or to deposit any handbills, circulars, cards, posters or other advertising matter in secure boxes or receptacles provided for the receipt of such matter on privately owned premises. (Ord. 1, 5-24-1971)
http://sterlingcodifiers.com/codebook/index.php?book_id=&chapter_id=41384#s1289607
5-2-2: SWEEPING DEBRIS INTO STREETS:linklink

It shall be unlawful for any person to sweep any dirt, trash or rubbish from the interior of any building in the City onto any street, alley or sidewalk in the City. (Ord. 1, 5-24-1971)
http://sterlingcodifiers.com/codebook/index.php?book_id=&chapter_id=41384#s1289608
5-2-3: WEAPONS, DISCHARGE OF:linklink

It shall be unlawful for any person to discharge a firearm, pellet gun, or air gun within the corporate limits of the City; provided, that this section shall not be construed to prohibit any officer of the law from discharging a firearm in the performance of his or her duties, nor to prohibit any person from discharging a firearm when lawfully defending any person or property. (Ord. 145, 1-24-1989)
http://sterlingcodifiers.com/codebook/index.php?book_id=&chapter_id=41384#s1289609
5-2-4: PROHIBITION OF THE USE OF WHEELED APPARATUS ON MUNICIPAL PROPERTY AND IN CERTAIN AREAS OF THE CITY:linklink


A. Definitions: For the purpose of this section:

DISMOUNT/WHEELS DOWN ZONE: The area designated as the Dismount/Wheels Down Zone shall be known as the Central Business District. The area affected by this section consists of the following description and the map on file in the Office of the City Clerk and incorporated by reference herein: Eagle Road south of Mission Drive through to State Highway 44 and including the North Channel Center subdivision; West State Street from Cobblestone Lane through to East State Street extending eastward to Edgewood Lane; Palmetto Avenue south of Amanita Street including the United States Post Office; Stierman Way south of Amanita Street including the Eagle Public Library; the entire area south of State Street including the Rocky Mountain Business Park bounded by Eagle Road on the west and Edgewood Lane on the east; all the following retail business areas: Bosanka Village, King's Plaza, Eagle Plaza, Albertson's, Eagle Pavilion Shopping Center, Rocky Mountain Business Park, Eagle Center, including any and all businesses running along State Street, Eagle Road and within North Channel Center.

ELECTRIC POWER-ASSISTED BICYCLE ("E-BIKE"): An e-bike that conforms to the following description and classifications is not a motor vehicle for purposes of this chapter. A vehicle having two (2) tandem wheels or two (2) parallel wheels and one forward wheel, any two (2) of which are not less than twelve inches (12") in diameter, that is designed to be operated by human power with the assistance of an electric motor that has a power output of not more than seven hundred fifty (750) watts that disengages or ceases to function when the vehicle's brakes are applied.

   Class I Electric Bicycle Or Low-Speed Pedal-Assisted Electric Bicycle: Is a bicycle equipped with a motor that provides assistance only when the rider is pedaling, and that ceases to provide assistance when the bicycle reaches the speed of twenty (20) miles per hour.

   Class II Electric Bicycle Or Low-Speed Throttle-Assisted Electric Bicycle: Is a bicycle equipped with a motor that may be used exclusively to propel the bicycle, and that is not capable of providing assistance when the bicycle reaches the speed of twenty (20) miles per hour.

   Class III Electric Bicycle Or Speed Pedal-Assisted Electric Bicycle: Is a bicycle equipped with a motor that provides assistance only when the rider is pedaling, and that ceases to provide assistance when the bicycle reaches speed of twenty eight (28) miles per hour, and equipped with a speedometer.

FOOTHILLS TRAILS: Natural surface trails that are located entirely and solely on property owned by the City, or on private property where public access easements have been granted to the City of Eagle and are in effect, including, but not limited to, multi-user single-track trails, bike-optimized trails and hiking trails.

GREENBELT PATHWAYS: Wide improved-surface pathways that are located entirely and solely on property owned by the City, or on private property where public access easements have been granted to the City of Eagle and are in effect. These may include, but are not limited to, paved pathways along the Boise River, in and near City parks, and pathways set back from roadways.

PRIVATE PROPERTY: Property owned by nongovernmental entities.

PUBLIC PROPERTY: Any public property in the City limits of the City of Eagle including, but not limited to, parking lots, public sidewalks, Heritage Park, Eagle City Hall/Senior Center, Eagle City Library, Friendship Park, Orville Krassen Park, Arboretum Park, and the property on the east side of Eagle Road from Plaza Street north to the drainage ditch.

WHEELED APPARATUS: A nonmotorized vehicle or toy consisting of one or more wheels constructed or covered with polyurethane, rubber, or other material, which can transport persons or property, including, but not limited to, bicycles, electronic bicycles (e-bikes), carts, in line skates, skateboards, and skates; provided, however, any apparatus used to assist the physically handicapped and/or to transport a baby or small child shall be excluded from this definition.


B. Purpose: It is the desire of the Eagle Mayor and City Council to place reasonable limits on the recreational use of wheeled apparatus in certain areas of the City limits to protect the public health, safety and welfare and to protect private and public property from damage, injury, and/or liability occasioned as a result of the exercise of recreational use of wheeled apparatus.


C. Prohibitions:

1. It shall be unlawful for any person to use any nonmotorized apparatus constructed or covered with polyurethane, rubber, or other material limited to: skateboards, skates and in line skates in the Dismount/Wheels Down Zone.

2. Bicycles and e-bikes may only be used in the Dismount/Wheels Down Zone so long as all wheels remain on the ground while the bicycle or e-bike is in motion. Any other use of bicycles or e-bikes in the Dismount/Wheels Down Zone is unlawful. Use of bicycles or e-bikes is also prohibited on City owned facilities and structures not designated for wheeled-apparatus.


D. Penalty: Any person or persons who is in violation of the provisions of this section shall pay to the City Clerk a fine of twenty five dollars ($25.00) or, in lieu of the fine upon the first offense only, participate in an optional method of compliance specified by the City Clerk. All subsequent offenses are subject to the twenty five dollar ($25.00) fine. The fine must be paid to the City Clerk within seven (7) days of the date of the notice of violation.

Failure to pay such fine, or in the case of a first offense, request in writing the optional method of compliance within the seven (7) day period, shall make any violator subject to an additional twenty five dollar ($25.00) fine within fourteen (14) days of the date of the notice of violation.


E. Notice Of Violation: The failure of any person or persons receiving a notice of violation to make the above described payments to the City Clerk within the designated times shall render the person or persons subject to the general penalties provided in section 1-4-1 of this Code.


F. Severability: If any portion of this section is found to be unenforceable by a court of proper jurisdiction, the remaining portions of this section remain in full force and effect.


G. Exceptions: The prohibitions contained in this section shall not apply to law enforcement personnel acting within the scope of their employment. The provisions of this section shall not apply to City parks specifically posted and designated as a skateboard park, bike park, or area designated as a pathway or trail for the use of a wheeled apparatus.

1. Class II and III e-bikes may not be operated on foothills trails.

2. Class III e-bikes may not be operated on greenbelt pathways. (Ord. 798, 8-14-2018)

http://sterlingcodifiers.com/codebook/index.php?book_id=&chapter_id=41384#s1289610
5-2-5: MALICIOUS INJURY TO PUBLIC PROPERTY:linklink

It shall be unlawful for any person to wilfully and maliciously injure, deface, mutilate, remove, pull down, break or in any manner destroy public property. (Ord. 211, 10-27-1992)
http://sterlingcodifiers.com/codebook/index.php?book_id=&chapter_id=41384#s1289611
5-2-6: OVERNIGHT CAMPING:linklink

No person shall camp or sleep overnight on public property located within the City limits unless such property is specifically posted allowing the same. (Ord. 216, 12-22-1992)
http://sterlingcodifiers.com/codebook/index.php?book_id=&chapter_id=41384#s1289612
5-2-7: PROHIBITED ACTS ON THE BOISE RIVER:linklink

It shall be unlawful for any person to jump from, or throw or drop any object from any bridge except as otherwise provided by law. (Ord. 318, 4-14-1998)
http://sterlingcodifiers.com/codebook/index.php?book_id=&chapter_id=41384#s1289613