COMMISSIONERS MINUTES                                 August 20, 2007

COMMISSIONERS MINUTES AUGUST 20, 2007

The Commissioners met in regular session on the above date in the Commissioner’s Room, basement of the Elmore County Courthouse, 150 South 4th East, Mountain Home, Idaho.

Present at the meeting were Chairman Larry Rose, Commissioners Connie Cruser and Arlie Shaw. Also present was Clerk Marsa Grimmett and Civil Attorney Richard Roats.

Motion by Cruser to approve Ordinance No. 2007-5, second by Shaw.
ROSE - AYE
CRUSER - AYE
SHAW - AYE Motion carried and so ordered.

ORDINANCE NO. 2007-5

AN ORDINANCE PROVIDING FOR A SOLID WASTE DISPOSAL SYSTEM THROUGHOUT THE COUNTY OF ELMORE; DEFINING TERMS; MAKING IT COMPULSORY TO USE ELMORE COUNTY SOLID WASTE DISPOSAL SYSTEM; PROVIDING THAT IT SHALL BE UNLAWFUL TO ALLOW GARBAGE, REFUSE AND RUBBISH TO ACCUMULATE IN SUCH A MANNER AS TO CREATE A PUBLIC NUISANCE; PROVIDING FOR USE OF APPROVED CONTAINERS FOR STORAGE OF GARBAGE, REFUSE AND RUBBISH UNTIL PICKED UP OR TRANSPORTED TO ELMORE COUNTY SANITARY LANDFILL SITE; PROVIDING FOR 'SERVICE FEES; PROVIDING METHOD OF COLLECTION OF SERVICE FEES; ESTABLISHING A SOLID WASTE FUND; PROVIDING THAT BOARD OF COUNTY COMMISSIONERS FOR ELMORE COUNTY SHALL HAVE SOLE AUTHORITY TO CONTRACT FOR SERVICES PERTAINING TO A SOLID WASTE DISPOSAL SYSTEM, EXCLUDING CERTAIN MATERIALS FROM COLLECTION; ESTABLISHING MISCELLANEOUS RULES AND REGULATIONS; PROVIDING FOR INSPECTION; PROVIDING A PENALTY FOR VIOLATION OF PROVISIONS OF THIS ORDINANCE; PROVIDING THAT ELMORE COUNTY COMMISSIONERS MAY BRING ACTION TO OBTAIN AN INJUNCTION TO ENFORCE THE PROVISIONS OF THIS ORDINANCE; AND PROVIDING FOR AN EFFECTIVE DATE.

BE IT ORDAINED BY THE COUNTY COMMISSIONERS OF ELMORE COUNTY:

Section 1: DEFINITIONS: For the purposes of this Ordinance, the following words shall have the meanings indicated, unless the context clearly indicates otherwise. Words not defined herein shall be given the meaning ordinarily applied to such words.

“Collection Site” means a disposal collection site as may be determined by the Elmore County Board of County Commissioners, including the Pine/Featherville collection site.

“Commercial Collector or Contract Hauler” means any person who hauls or transports for other persons or another person, any garbage or receivable through or up on the highway, road or street of this County for a fee or other consideration.
“Commercial Solid Waste” means solid waste generated by stores, offices, restaurants, warehouses, printing shops, service stations, and other non-manufacturing or non-household sources.

“Disposal Site” means a board-approved location where any treatment, utilization, processing or final deposition of solid waste occurs, including, but not limited to, collection sites, sanitary landfills, waste transfer stations, and public tipping areas.

“Garbage” shall include all putrescible waste, except sewage and body waste, including waste accumulated of animal food or vegetable matter, and including waste that attends the preparation, use, cooking, dealing in or storing meat, fish, fowl, fruit and vegetables, and shall include all such wastes or accumulations of vegetable matter of residences, restaurants, hotels, and places where food is prepared for human consumption.

"Garbage" shall not include recognized industrial byproducts.

"Hazardous Waste" means a waste or combination of wastes of a solid, liquid, semisolid, or contained gaseous form which, because of its quantity, concentration or characteristics (physical, chemical or biological) may:

(a) Cause or significantly contribute to an increase in deaths or an increase in serious, irreversible or incapacitating reversible illnesses; or

(b) Pose a substantial threat to human health or to the environment if improperly treated, stored, disposed of, or managed. Such wastes include, but are not limited to, materials which are toxic, corrosive, ignitible, or reactive, or materials which may have mutagenic, teratogenic, or carcinogenic properties but do not include solid or dissolved material in domestic sewage, or solid or dissolved materials in irrigation return flows or industrial discharges which are point sources subject to national pollution discharge elimination system permits under the federal water pollution control act, as amended, 33 U.S.C., section 1251 et seq., or source, special nuclear, or byproduct material as defined by the atomic energy act of 1954, as amended, 42 U.S.C., section 2011 et seq..

“Infectious Waste” means medical waste generated at health care facilities, laboratories or mortuaries that contains any disposal equipment, instruments, utensils, or substances that carry pathogenic organisms from rooms of patients who have been diagnosed or are suspected of having communicable disease; laboratory wastes such as tissues, blood specimens, excreta, and secretions from patients or laboratory animals; disposable substances that carry pathogen organisms; and surgical operating room pathologic specimens, substances that carry pathogenic organisms, and other materials from outpatient areas in emergency rooms.

"Owner" and "Occupant" wherever herein may be used interchangeably, and shall mean every person in possession, charge or in control of any dwelling, flat, rooming house, or any eating place, shop, place of business, manufacturing or business establishments where garbage or other refuse is created or accumulated.

"Operator" wherever herein used, shall mean the person who holds a license or contract with the County, or is employed by the County, and is thereby authorized and designated by the County to collect, handle, transport and dispose of refuse and waste.

“Public Tipping Area” means a specifically designated location within a sanitary landfill where waste is deposited for final disposal.

“Putrescible Material” means solid waste that contains material capable of being decomposed by microorganisms.

"Refuse" means any waste product composed wholly or partially of such materials as garbage, trash, rubbish, litter, accumulated waste material, cans, containers, tires, junk or other substance, which may become a nuisance.

"Rubbish" means leaves, trimmings from shrubs, dead trees or branches thereof, shavings, sawdust, Excelsior, wooden ware, printed matter, paper, paper board, pasteboard, grass, hay, straw, boots, shoes, hats and all other combustible materials not included under the term “garbage.”.

"Rubbish" shall not include recognized industrial by products.
“Rubble” means stone, brick, concrete, or similar organic material.

“Sanitary Landfill” means an area of land or an excavation in which wastes are placed for permanent disposal, excluding land application units, surface impoundments, injection wells or waste piles.

"Solid Waste Coordinator” or "Inspector" shall mean the authorized employee or employees of the County or some individual designated by the Commissioners as having the duty of the enforcement of this Ordinance.

"Waste" shall mean unwanted solid, liquid or gaseous materials.

“Waste Transfer Station” means a fixed intermediate facility, approved by the board for the centralized collection of solid waste and other collected material prior to transport for final disposal.

“White Goods” means appliances such as hot water heaters, stoves, washers and dryers, refrigerators, freezers and air conditioners.

Section 2: RESPONSIBLE AUTHORITY: The Elmore County Board of County Commissioners may appoint a solid waste coordinator, who shall be responsible for the enforcement of the provisions of this Ordinance, and other duties as the Commissioners may prescribe. In the absence of such an appointment, the Elmore County Board of County Commissioners shall be responsible for the enforcement of this Ordinance.

Section 3: COMPULSORY USE OF SOLID WASTE DISPOSAL SYSTEM: There is hereby established a system for the disposal of garbage, refuse and rubbish at the said Elmore County sanitary landfills, collection sites/waste transfer stations and public tipping sites.

Every owner or occupant of a premise located within the prescribed limits of Elmore County shall cause to be deposited his garbage, refuse, and rubbish in either the Elmore County sanitary landfill sites or in containers at collection sites/waste transfer stations as established by the Elmore County Board of County Commissioners.

It shall be unlawful for any person to engage in the business of collecting, transporting, hauling, or conveying any refuse over the public highways of Elmore County, or to dump or dispose of the same unless he has a current permit issued by the solid waste coordinator. This clause shall not be construed as prohibiting an individual to haul his own refuse to the Elmore County sanitary landfill or collection sites/waste transfer stations in accordance with the provisions of this Ordinance.

Section 4: REFUSE ACCUMULATION UNLAWFUL: It shall be unlawful for any person to permit or to accumulate in or about any yard, lot, place or premise, or upon any street, alley or sidewalk adjacent to such lot, yard, place or premises, owned or occupied by such person, any garbage or refuse so as to cause such yard, lot, or premise, owned or occupied by such person, to be or remain in such condition as to become, cause or create a public nuisance or offensive odor or atmosphere or rodent harborage.

Section 5: REFUSE CONTAINERS: It shall be the duty of every owner or occupant of any place where garbage or rubbish is created or accumulated to at all times keep or cause to be kept portable approved metal or plastic containers for the deposit therein of rubbish and garbage and except as otherwise provided, to deposit or cause to be deposited all rubbish and garbage therein. Such containers shall be kept in sanitary condition, with the inside and outside thereof washed at such times as to keep the same free and clean of all accumulated grease and decomposing material and so that no odor nuisance shall exist.

Section 6: FEES: For the operation and maintenance of the Elmore County sanitary disposal system, a special annual service fee per owner of the building per building category established by the Board of Commissioners. The schedule of fees is available for review in the Elmore County Assessor’s Office.

Section 7: METHOD OF COLLECTION: The service fees provided for under the provisions of this Ordinance shall be a special service fee on the property served and shall be collected annually with the real estate taxes of the owner of the property served.

In the event it is a new residence or business, the assessment shall be prorated for the year in the same manner as their real property taxes are prorated.

Section 8: SOLID WASTE FUND: The proceeds from the collection of fees and charges herein provided shall be placed in a special fund to be known as the Solid Waste Fund, and all expenses of the County incurred for the operation of the solid waste system shall be paid out of such fund, and any surpluses remaining therein at the end of each fiscal year may be transferred to the General Fund of the County of Elmore.

Section 9: MATERIALS NOT ACCEPTED: The following materials shall not be disposed of at a collection site/waste transfer station, but shall be disposed of at an approved facility that accepts said materials.

1. Industrial and/or Commercial Waste;
2. Automobile bodies and other automobile parts;
3. Dead livestock or other dead animal carcasses;
4. Highly inflammable and explosive material;
5. Hazardous or caustic waste;
6. Large tree trunks and stumps;
7. Raw sewage, sludge, septic tank pumpings, or human or animal excrement;
8. Infectious or contagious waste;
9. Lead acid batteries;
10. Pesticides and other unexpended pesticide containers;
11. Waste tires;
12. White Goods, including appliances; and
13. Loose paper or other loose material.

Section 10: MISCELLANEOUS RULES AND REGULATIONS:

1. Garbage, refuse and rubbish shall be transported to the Elmore County sanitary disposal sites in a covered container that will not permit said materials to blow from the container or vehicle.

2. It shall be unlawful for any person to willfully turn over any container and spill the contents on any road, highway, street, alley, canal, ditch, irrigation structure, public ground, public water or public right-of-way.

3. It shall be unlawful to interfere with refuse collectors or refuse collection equipment.

4. It shall be unlawful to deliver burning materials to collection boxes or to the Elmore County sanitary disposal sites.

5. It shall be unlawful to burn materials in collection boxes/waste transfer stations.

Section 11: INJUNCTION: In addition to the criminal penalties provided for violation of this Ordinance, whenever it appears to the Board of County Commissioners that any person has engaged or is about to engage in any act or practice constituting a violation of any provision of this Ordinance or any Ordinance enacted pursuant to this Ordinance, the Board may bring an action in any court of competent jurisdiction to enjoin any such acts or practices and to enforce compliance with this Ordinance or any Ordinance hereunder. Upon a showing that a person has engaged or is about to engage in an act or practice constituting a violation of this Ordinance hereunder, a permanent or temporary injunction, restraining order or writ of mandamus shall be granted. The Board of County Commissioners shall not be required to furnish bond.

Section 12: ENACTMENT CLAUSE: This Ordinance shall be in full force and effect from and after the date of its passage, approval and publication; provided that the effective date for implementation of the operation of the Elmore County landfills shall be the effective date of the contract between Elmore County and operator of the landfill.

Section 13: LICENSING AND CONTRACTING: The Board of County Commissioners of Elmore County shall have the sole authority to contract for services pertaining to disposal of garbage, refuse and rubbish, PROVIDED, HOWEVER, that the cities of Mountain Home and Glenns Ferry are expressly exempt from the provisions of this Ordinance insofar as it relates to providing for the collection of garbage, refuse and rubbish within the respective city limits and transporting said materials to the Elmore County sanitary landfill sites.

Section 14: INSPECTION: The Elmore County Sheriff or the Solid Waste Coordinator or his designee, or any other person concerned with the enforcement of laws shall have the right of ingress or egress to any premises for the purpose of inspecting all places and containers where rubbish and garbage is accumulated or kept.

Section 15: PENALTY: It shall be a misdemeanor, except at collection boxes or the Elmore County sanitary landfill sites located, maintained and operated as provided by this Ordinance, for any person to throw away, dump or discard any type of refuse on any public lands, any kind of right-of-way, or private land of another. A misdemeanor conviction shall be punishable by a $1,000.00 fine, 180 days in jail or both such fine and jail.

In addition to the criminal penalties provided for violations of this section, civil damages in an amount up to three (3) times the actual damages suffered shall be imposed upon the person so convicted to be used to restore the lands to the original state. Such civil actions shall be brought in and for the County of Elmore and any remainder of damages collected after restoration shall be used for maintenance and operation of the Elmore County solid waste disposal system.

Section 16: SEPARABILITY: If any clause, sentence, paragraph, section or phrase of this Ordinance or any part thereof is declared and adjudged to be illegal, invalid, or unconstitutional by a Court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this Ordinance or any part thereof.

The Elmore County Commissioners hereby declare that they would have passed this Ordinance, and each section, subsection, sentence, clause and phrase thereof separately and irrespective of the fact that anyone or more of the sections, subsections, sentences, clauses or phrases be unconstitutional.

All ordinances and parts thereof which are in conflict with the provisions of this ordinance are repealed.

That this ordinance shall be in full force and effect from and after its passage, approval and publication.

Dated this 20th day of August, 2007.

/S/ Larry Rose, Chairman
/S/ Connie Cruser, Commissioner
/S/ Arlie Shaw, Commissioner
ATTEST: /S/ Marsa Grimmett, County Clerk

Commissioners continued with their general discussion. Commissioner Cruser asked about the volunteer EMT’S in the Pine/Featherville area, and a question had been brought up if the County will pay for the Hepatitis B shots, and the testing after the classes. The Commissioners decided they would pay for those two items. Commissioner Cruser is working with the E-911 Board to revise the current County Resolution by adding additional members to the E-911 Board for more County representation. The Fire Protection Program up in the Pine/Featherville area was discussed briefly. General discussion followed on the new Jail and internet access for the inmates for legal information. Sheriff Rick Layher joined the meeting and the discussion continued. Jail Commander Lynn McCallum was phoned. The Commissioners would rather not have internet access available to the inmates. Deputy Laytreda Schultz joined the meeting and discussed a program for local youth, which is a non-profit organization, that she is involved in. The funds will be handled by Deputy Schultz until the end of December and then the County will handle the account.

Joann Lanham, City of Glenns Ferry Mayor, and Debbie Roland, Treasurer of Glenns Ferry, appeared before the Board regarding having to hire a code enforcer for the City of Glenns Ferry. They are requesting the funds for a code enforcer for the City be paid out of the money the City of Glenns Ferry pays the County for the Law Enforcement Contract. The Commissioners and Sheriff Layher explained that it costs more money to run the Glenns Ferry Law Enforcement Department than what the City of Glenns Ferry pays. A monthly report will be sent to the City of Glenns Ferry so they can track the expenditures. Mayor Lanham brought up the code enforcer position again and that they will have to reduce the amount going to the Sheriff’s department to hire a code enforcer. They are paying the County’s Code Enforcer, Noe Garza, for time he works after his 40 hour Elmore County job. Discussion followed about several agencies that are responsible for enforcing the different issues, such as the Fire Department, Central District Health, etc.

Jay Friedly, Attorney and Michael Fry, of Mountain Home, appeared before the Board regarding a County indigency lien. Attorney Friedly explained the situation and what they were requesting from the Board. The Board stated they take the matter under advisement.

Motion by Cruser to approve the minutes for August 6, 2007 and August 13, 2007, second by Shaw. Discussion followed and two corrections were made to the August 6, 2007 minutes.
ROSE - AYE
CRUSER - AYE
SHAW - AYE Motion carried and so ordered.

Motion by Cruser to approve the Clerk’s Bail Bond Report for the record only, second by Shaw.
ROSE - AYE
CRUSER - AYE
SHAW - AYE Motion carried and so ordered.

Resolution No. 396-07 was read into the record by Chairman Rose:
RESOLUTION NO. 396-07

A RESOLUTION AMENDING THE BUDGET OF THE ELMORE COUNTY GOVERNMENT TO PROVIDE CONTINUING FUNDING AND ADJUST FOR CHANGES IN SPENDING PRIORITIES.

WHEREAS, The Board of Commissioners of Elmore County have the authority and duty under Article XVIII, Section 6 of the Idaho Constitution and Title 31, Chapter 6 of the Idaho Code to provide funding operations of the Government of Elmore County for expenditure of those funds; and

WHEREAS, The Board considered this adjustment to the County budget during its regular public meeting on August 20, 2007, and the need to amend the County budget has been satisfactorily demonstrated to the Board of Commissioners.

IT IS HEREBY RESOLVED:

1. That $9,000.00 from line item 138.338.00.099.00, PILT, be shifted to line items 128.428.02.011.00 Pest Supplies $5,000.00 and 128.428.01.001.20 Pest Extra Help $4,000.00.

2. That this resolution shall have effect immediately upon its passage.

PASSED, at a regular meeting of the Elmore County Board of Commissioners in the County of Elmore, State of Idaho, held on the 20th day of August, 2007, upon which roll call vote was duly taken and said Resolution duly passed by a unanimous vote.

ELMORE COUNTY COMMISSIONERS
/s/ LARRY E. ROSE, Chairman
/s /CONNIE M. CRUSER, Commissioner
/s/ ARLIE SHAW, Commissioner
ATTEST: /s/ MARSA GRIMMETT, Clerk

Motion by Rose, second by Cruser, to approve Resolution No. 396-07. Roll call vote was taken.
ROSE - AYE
CRUSER - AYE
SHAW - AYE Motion carried and so ordered.

Correspondence was reviewed. General discussion followed on current activities.

Motion by Shaw, second by Cruser, to recess for lunch.
ROSE - AYE
CRUSER - AYE
SHAW - AYE Motion carried and so ordered.

At 1:30 p.m. the Commissioners met in Executive Session pursuant to I.C. 67-2345(d) with
Social Services Director Marianne Bate on a motion by Rose, second by Shaw. Roll call vote was taken.
ROSE - AYE
SHAW - AYE
CRUSER - AYE Motion carried and so ordered.

The following decisions were made:

K-07-06-03 & K-06-07-09 Motion by Cruser, second by Shaw, to issue a final denial as the applicant has been approved by Medicaid.
ROSE - AYE
SHAW - AYE
CRUSER - AYE Motion carried and so ordered.

K-07-07-02 Motion by Shaw, second by Rose, to deny as unable to locate, third party application, and letters came back as unclaimed.
ROSE - AYE
SHAW - AYE
CRUSER - AYE Motion carried and so ordered.

K-07-07-03 Motion by Cruser, second by Rose, to deny as incomplete, no interview or documentation, unable to investigate as no release of information was received and third party application.
ROSE - AYE
SHAW - AYE
CRUSER - AYE Motion carried and so ordered.

Regular session resumed.

Amos and Nancy Mouser, 2555 SE Whitetail Court, Mountain Home, appeared before the Board to discuss their home in Mountain Home which they purchased last December. Mrs. Mouser gave a brief overview of the problems they have had, one being that a building permit should not have been for their house as the road was not finished. The subdivision is Hawks Landing and the developer was Robin Hawks. Now there is a second house out by theirs and they were told by Planning and Zoning a building permit should have not been issued for that either. Now the Rural Fire Dept. is stating the road is unacceptable. They have not received any satisfaction in their dealings with Ms. Hawks. Bonnie Sharp, Growth and Development Director, was present and gave a summary of how her office handled the issue, stating it was their error. Civil Attorney Roats will investigate the matter to see what action should be taken.

A public hearing was held to hear public comment on a proposed Ordinance of Elmore County, Idaho, defining the terms “Fireworks”, “Dangerous Fireworks” and “Safe and Sane Fireworks”; Providing for a dangerous fireworks permit and a safe and sane fireworks permit; providing for the investigation of applicants for permits; providing under what conditions the County Clerk shall issue the permit; authorizing dates for the sale and use of fireworks; enacting rules for temporary fireworks stands; enacting general prohibitions; providing for recordkeeping; providing for enforcement; setting out penalties for violations; and providing an effective date.

John Root, 10475 W. Desert Duck Ave, Tipanuk, Idaho, appeared before the Board and stated his concern was about the fireworks business on Simco Road. He would rather have noise makers than fireworks. He believes the County should elevate the fine amount to discourage firework use. He also believes the City should have a general area for citizens to use their fireworks.

Kenneth M. Paul, Jr., 1630 East 5th North, Mountain Home, stated he is concerned about the fireworks used across the street from his property. He doesn’t feel he should be in fear of his house burning down from fireworks. He feels a task force should be formed and he will talk to Fire Chief Gridley about that. He also stated he was against the fireworks business on Simco Road.

Phil Gridley, Fire Chief of the City of Mountain Home and Rural Fire Protection District, addressed sting operations that have resulted in shutting down two safe and sane firework stands over the past few years. Mr. Gridley stated contacting our local legislatures was one solution. Since the fireworks business has opened on Simco Road illegal fireworks in our area have increase by ten fold along with an increase of fires. He also agrees with Mr. Root that the fines should be increased for illegal firework use.

Chris Alzola, Mountain Home Rural Fire, asked if a deputy could be placed at the business “Fat City” on Simco road to make sure the people sign their correct name when buying fireworks. A form is required stating they will not use the fireworks in Idaho. Civil Attorney Roats stated the Conditional Use Permit for the business, Fat City, would have to be reviewed. Ms. Alzola was in favor of the Ordinance.

Phil Gridley spoke again and asked if the sprinkler system was installed at the business Fat City as per the Conditional Use Permit. The Commissioners asked him if he could perform and inspection there and he stated it was out of his District.

Bud Corbus, 1710 Canyon Creek Road, Mountain Home, stated he believes Chris Alzola and Phil Gridley have summarized the concerns well. He also spoke regarding the fire calls during the Fourth of July and that it was almost impossible to keep up with those calls.

General discussion followed on the proposed Ordinance and the restrictions within the Ordinance having to follow State regulations. The Public Hearing was closed.

Motion by Rose, second by Cruser, to adopt the Fireworks Ordinance No. 2007-6.
ROSE - AYE
SHAW - AYE
CRUSER - AYE Motion carried and so ordered.

ORDINANCE NO. 2007-6

AN ORDINANCE OF ELMORE COUNTY, IDAHO, DEFINING THE TERMS AFIREWORKS”, ADANGEROUS FIREWORKS@ AND ASAFE AND SANE FIREWORKS@; PROVIDING FOR A DANGEROUS FIREWORKS PERMIT AND A SAFE AND SANE FIREWORKS PERMIT; PROVIDING FOR THE INVESTIGATION OF APPLICANTS FOR PERMITS; PROVIDING UNDER WHAT CONDITIONS THE COUNTY CLERK SHALL ISSUE THE PERMIT; AUTHORIZING DATES FOR THE SALE AND USE OF FIREWORKS; ENACTING RULES FOR TEMPORARY FIREWORKS STANDS; ENACTING GENERAL PROHIBITIONS; PROVIDING FOR RECORD KEEPING; PROVIDING FOR ENFORCEMENT; SETTING OUT PENALTIES FOR VIOLATIONS; AND PROVIDING AN EFFECTIVE DATE.

STATEMENT OF PURPOSE:

WHEREAS, the Idaho Legislature under I.C. § 39-2601 et seq. has recognized the authority of local governments to enact ordinances to regulate the storage, possession, retail sale and use of fireworks; and

WHEREAS, the Elmore County Board of County Commissioners does find after due consideration of the issues presented that it is necessary and proper to adopt this ordinance to provide for the safety, health and comfort of Elmore County and its inhabitants, and promote the protection of persons and property therein.

THEREFORE, PURSUANT to the authority under Article 12, Section 2 of the Constitution of the State of Idaho and the provisions of I.C. § 39-2601 et seq.,

BE IT ORDAINED BY THE BOARD OF ELMORE COUNTY COMMISSIONERS as follows:

SHORT TITLE: This ordinance shall be known as the “ELMORE COUNTY FIREWORKS ORDINANCE.”

SECTION I: DEFINITIONS
This chapter shall adopt the definitions stated in I.C. § 39-2602. The following definitions shall apply to this chapter:
A. AUTHORITY HAVING JURISDICTION: A city fire department if the area is within a city, or a fire protection district formed pursuant to provisions of the Idaho Code if the area is within a fire protection district, or the county commission if the area is not within a city or fire protection district.
B. BOARD: The Elmore County Board of Commissioners.
C. PERMIT: An authorization given by the authority having jurisdiction pursuant to I.C. §§ 39-2604 or 39-2605.
D. PERSON: Any individual, corporation, partnership, organization, association, entity, estate, joint venture, firm, government entity, trust, receiver, syndicate, or any other group or combination acting as a unit.
E. PUBLIC DISPLAY OR OTHER EVENT USING FIREWORKS: Any use of fireworks except the use of nonaerial common fireworks during the normal sales and use period provided in I.C. § 39-2606.
F. FIREWORKS: Any combustible or explosive composition, or any substance or combination of substances, or article prepared for the purpose of producing a visible or audible effect by combustion, explosion, deflagration or detonation. Fireworks include items classified as common or special fireworks by the United States Bureau of Explosives or contained in the regulations of the United States Department of Transportation and designated as UN 0335 1.3G or UN 0336 1.4G. The term “fireworks” shall not include any automotive safety flares, toy guns, toy cannons, caps or other items designed for use with toy guns or toy cannons, party poppers, pop-its or other devices which contain twenty five hundredths (0.25) of a grain or less of explosive substance.
G. DANGEROUS FIREWORKS DEFINED: “Dangerous Fireworks” includes any of the following:

(1) Firecrackers, cannon crackers, giant crackers, salutes, silver tube salutes, cherry bombs, mines, ground bombardment, grass-hoppers, ground-blooms and other explosive articles of similar nature;

(2) Blank cartridges, with the exception of official school-sponsored track meets and cross country meets and military funerals;

(3) Sky rockets and rockets, including all similar devices employing any combustible or explosive material and which rise in the air during discharge;

(4) Roman candles, including all devices which discharge a ball of fire into the air;

(5) Chasers and whistles, including all devices which dart or travel about the surface of the ground during discharge and exceed twelve inches (12") of vertical movement at any time;

(6) Snakes and hats containing dichloride of mercury;

(7) Sparklers more then ten inches (10") in total length or one quarter inch (1/4") in diameter;

(8) All articles for pyrotechnic display such as aerial shells, salutes, flash shells, sky battles, parachute shells, mines, Dago Bombs and similar devices, with the exception of parachute shells including all ground to air projectiles that deploy a parachute and do not carry a flame, ember, spark, or any pyrotechnic discharge and which the vertical movement of the projectile shall be restricted to twenty feet (20');

(9) All torpedoes which explode by means of friction, or which contain arsenic, and all other similar fireworks devices including cracker balls; and

(10) Fire balloons or balloons of any type which have burning material of any kind attached thereto.
H. NONAERIAL COMMON FIREWORKS: Any fireworks such as ground spinners, fountains, sparklers, smoke devices or snakes designed to remain on or near the ground and to travel outside a fifteen foot (15') diameter circle or emit sparks or other burning material which land outside a twenty foot (20') diameter circle or above a height of twenty feet (20'). Nonaerial common fireworks do not include firecrackers, jumping jacks, or similar products.
I. SAFE AND SANE FIREWORKS: “Safe and Sane Fireworks” include any pyrotechnic device that meets the following requirements:

(1) The product shall be “listed” by the Mountain Home Fire Department, Mountain Home Rural Fire Department, or other appropriate fire department;

(2) Testing (if required) shall be conducted using the following criteria:

a. The item must not leave the ground or move laterally beyond a ten foot (10') radius except as stated in section C of the “Dangerous Fireworks Defined” section of this Ordinance set forth above.

b. The combined movement and pyrotechnic discharge of any device shall not extend beyond a twenty foot (20') radius vertically or laterally under any circumstances.
J. SPECIAL FIREWORKS: Any fireworks designed primarily for display and classified as special fireworks by the United States Bureau of Explosives or designated as UN 0335 1.3G. (Ord. 428, 6-26-2001).
SECTION II: PERMIT REQUIREMENTS
A. PROHIBITED ACTS:
1. It shall be unlawful for any person to hold a public display of fireworks or other event using fireworks without first obtaining a permit for that purpose issued pursuant to the terms and conditions of this chapter. Said fireworks may be stored for a period not exceeding ten (10) days immediately preceding the date of said public display or other event, provided the fireworks are to be used exclusively for said public display or other event.
2. It shall be unlawful for any person to import, export, possess for the purpose of sale, offer for sale or sell “safe and sane fireworks” for any use or purpose without first obtaining a permit for that purpose issued pursuant to the terms and conditions of this chapter.

B. DANGEROUS FIREWORKS (PUBLIC DISPLAY) PERMIT:
(1) Application Fee: Any person desiring to conduct a public display of fireworks within the County of Elmore may apply for a permit to the County Clerk. The Board of County Commissioners shall have the power to grant or deny such application after conducting an investigation. Such permit, if granted, shall authorize the permittee to purchase, transport, keep and use fireworks of all kinds for the purposes of a specifically identified public display, but shall not authorize the permittee to sell, distribute, or give away any fireworks, except to the wholesaler or distributor from which they were obtained. The permit shall be valid only for the public display for which applied. The Board of County Commissioners may impose a reasonable charge, not to exceed one hundred and twenty-five dollars ($125.00) for each dangerous fireworks (public display) permit to defray expenses associated with investigating the applicant.
(2) In order for a dangerous fireworks permit to be issued, the applicant must ensure that the public display or other event using fireworks will be supervised by a qualified person and will not constitute an unreasonable hazard to persons or property.
(3) Contents: An applicant for a dangerous fireworks (public display) permit shall furnish the following information to the County Clerk:
(a) Name, address, date of birth and driver’s license number of applicant.
(b) Names and addresses of officers, trustees and/or directors, if an association or corporation, of the applicant.
(c) When and where the applicant was organized and established, if an association or corporation.
(d) The location of the applicant’s principal and permanent meeting place or places, or principal place of business.
(e) The applicant’s state sales tax permit number.
(f) The purpose for which the applicant primarily exists and for which it was organized.
(g) If the applicant is an entity other than a sole proprietorship, the name and general description of the business activities of each parent or subsidiary company, business or entity and a general description of the ownership organization of each parent or subsidiary if any.
(h) The location and time of the public display.
(i) The name and address of the wholesaler or distributor from whom the fireworks shall be obtained.
(j) Such other information as the clerk may require on a standard form submitted to all applicants and which is reasonably necessary to protect the public health, safety and morals.
C. SAFE AND SANE FIREWORKS PERMIT:

(1) Any person, in reasonable pursuit or furtherance of any legitimate personal, business or charitable purpose, desiring to engage in the sale of “safe and sane fireworks” within Elmore County shall first make written application to the County Clerk for a “safe and sane fireworks permit.”

(2) Each applicant shall pay to the County Clerk a fee of twenty-five dollars ($25.00) at the time he/she files his/her application. At the time and as a condition to such filing and with each application, each applicant shall pay a fee to defray costs of preliminary investigations required hereunder which fee shall be twenty-five dollars ($25.00) per site applied for and shall not be refundable in any event.

(3) Contents: An applicant for a safe and sane fireworks permit shall furnish the following information to the County Clerk:
(a) Name, address, date of birth and driver’s license number of applicant.
(b) Names and addresses of officers, trustees and/or directors, if an association or corporation, of the applicant.
(c) When and where the applicant was organized and established, if an association or corporation.
(d) The location of the applicant’s principal and permanent meeting place or places, or principal place of business.
(e) The applicant’s state sales tax permit number.
(f) The purpose for which the applicant primarily exists and for which it was organized.
(g) If the applicant is an entity other than a sole proprietorship, the name and general description of the business activities of each parent or subsidiary company, business or entity and a general description of the ownership organization of each parent or subsidiary if any.
(h) The location and time of the proposed sale of “safe and sane fireworks.”
(i) The name and address of the wholesaler or distributor from whom the fireworks shall be obtained.
(j) Such other information as the clerk may require on a standard form submitted to all applicants and which is reasonably necessary to protect the public health, safety and morals.

D. INVESTIGATION:

The County Clerk shall notify the Elmore County Growth and Development Department of the permit application. Said department, in confidence with the Clerk, shall cause an investigation to be made of each application and applicant.

E. BOARD TO ISSUE PERMIT:

A permit will be issued pursuant to this chapter in the Board’s discretion, subject to such reasonable conditions, if any, the Board shall prescribe so long as the denial of the application or any conditions imposed on the granting of the application are reasonably necessary for the protection of the public health, safety and morals. Furthermore, the Board must find that all information required by Elmore County has been provided by the applicant and the proposed sale or use of such fireworks will not constitute an unreasonable hazard to persons or property.
G. TERM OF PERMIT:

A ASafe and Sane Fireworks Permit@ issued pursuant to this ordinance shall be valid only within the calendar year in which issued. A permit shall be valid only for the specific premises or location designated in the permit. However, subject to reasonable conditions necessary for the protection of public health, safety and morals, an applicant may be granted permits for more than one premise or location within the County.

A “Dangerous Fireworks (Public Display) Permit” issued pursuant to this ordinance shall be valid only with respect to the specific public display identified in the application.

No permit shall be transferable or assignable under any circumstances.

H. TIME OF FILING APPLICATION:

An application for a “Safe and Sane Fireworks Permit” must be made on or before June 15th of each year for the July 4th period and on or before December 1st for the New Year’s period.

An application for a “Dangerous Fireworks (Public Display) Permit” must be made at least 60 days before the specific public display.

I. INSURANCE REQUIRED:

Each applicant for a “Dangerous Fireworks (Public Display) Permit” shall have filed with the Clerk, prior to the issuance of any permit, a bond or valid certificate of public liability and property-casualty insurance providing coverage of at least one million dollars ($1,000,000.00) for personal injury and property damage.

Each applicant for a “Safe and Sane Fireworks Permit” shall have filed with the Clerk, prior to the issuance of any permit, a bond or valid certificate of public liability and property-casualty insurance providing coverage of up to one hundred thousand dollars ($100,000) for personal injury and property damage may be required at the time of application.

Each policy of insurance shall be acceptable to the County in both form and substance, and shall name as insured parties under the terms of the policy Elmore County, all elected and appointed County officials acting in performance of their official functions regarding all operations under or pertaining to said permit, any licensee or licensor of the applicant, and all vendors of fireworks covered by the permit to be issued to the applicant.

Said insurance policy shall be written so that it cannot be canceled without at least ten (10) days prior written notice to Elmore County from the underwriting insurance company. The insurance policy shall be underwritten through or by a qualified and duly licensed insurance company or companies doing or authorized to do insurance business in the State of Idaho.

SECTION III: GENERAL PROVISIONS

A. AUTHORIZED DATES FOR THE SALE AND USE OF SAFE AND SANE FIREWORKS:

“Safe and sane fireworks” may be sold at retail and used in compliance with Idaho Code §39-2606 . “Safe and sane fireworks” may only be sold at during the above period in compliance with a permit issued under the provisions of this ordinance.

B. AUTHORIZED DATES FOR THE SALE AND USE OF DANGEROUS FIREWORKS:

Dangerous fireworks may be sold and used according to the specific conditions set forth in the “Dangerous Fireworks (Public Display) Permit” issued pursuant to this ordinance.

C. TEMPORARY FIREWORKS STANDS:

Temporary fireworks stands from which “safe and sane fireworks” are to be sold shall be subject to the following provisions:

(1) All retail sales of “safe and sane fireworks” shall be permitted only from within a temporary fireworks stand, and the sale from any other building or structure is hereby prohibited.

(2) The stand in which the fireworks will be stored or sold shall not be located within twenty-five feet (25') of any other building nor within one hundred feet (100') of any gasoline station or flammable liquid dispensing device or installation.

(3) All such stands shall meet the requirements of the Elmore County Building Code and all lighting circuits and other electrical equipment shall meet the requirements of the Elmore County Electrical Ordinance. No heating device may be used in a temporary fireworks stand at any time.

(4) The stand shall have exit doors at least thirty inches (30") wide at both ends of the structure and one (1) additional door for each twenty-five feet (25') of rear wall in excess of twenty-five feet (25'). All doors shall open outward from the stand and all doorways shall be kept free and clear of all supplies and materials at all times.

(5) Each stand shall be provided with a minimum of two (2) two and one-half (22) gallon water type fire extinguishers, in good working order and easily accessible for use in case of fire, which shall be kept in immediate proximity to the location where the fireworks are retailed.

(6) There shall be at least one supervisor twenty-one (21) years of age or older on duty at all times. All fireworks shall be effectively kept away from any kind of self service by the public, and shall be placed in a location which is unavailable and inaccessible to members of the public in capacities other than as legal customers. No person under eighteen (18) years of age shall work at or about or be permitted inside any stand where “safe and sane fireworks” are sold or offered for sale.

(7) No person employed as a watchman shall be permitted to remain inside of any stand when it is not open for business.

(8) “No Smoking” signs shall be prominently displayed both inside and outside the stand. No smoking shall be permitted within the stand or within twenty-five feet (25') of the stand.

(9) During the first selling period, no temporary stand shall be erected before June 22 of any year. The premises on which the stand is erected shall be cleared of all structures and debris not later than noon on July 6. During the second selling period, no temporary stand shall be erected before December 24 of any year. The premises on which the stand is erected shall be cleared of all structures and debris not later than noon on January 2.

(10) No fireworks shall be discharged in or within twenty-five feet (25') of any fireworks stand.

(11) No person shall allow any rubbish to accumulate in or around any fireworks stand or permit a fire nuisance to exist. Only non-combustible waste containers shall be permitted within the stand.

(12) No fireworks shall remain unattended at any time regardless of whether the firework stand is open for business or not. If any fireworks are stored, they shall only be stored at such places as are approved for storage of fireworks by the Fire Chief of the applicable municipality or fire district, or the Board.

(13) No stand shall be erected at a location where retail sales are not allowed under the Elmore County Zoning Ordinance.

(14) No dry vegetation, Christmas trees, or any other combustible material may be stored, displayed, sold, or otherwise kept within twenty five (25) feet of a fireworks stand.

(15)(a) A short-term storage facility may be used for the storage of non-aerial common fireworks for a period of sixty (60) days prior to, and fifteen (15) days after, any authorized retail sales date. The fire department shall be notified of the address or location of all short-term storage facilities when fireworks will not be stored in a temporary fireworks stand.

(b) Short-term storage is allowed in or on any of the following vehicles or premises - a temporary fireworks stand, truck trailer, or other vehicle - provided the place of storage is locked or otherwise secured. A truck trailer or other vehicle used for short-term storage must remain at least twenty-five (25) feet from any inhabited building. Short-term storage may occur in a locked or secured shed, garage, barn or other building or storage container which is detached from an inhabited building and contains no open flames, including heating and lighting sources.

SECTION III: GENERAL PROHIBITIONS

A. GENERAL PROHIBITIONS:

It shall be unlawful for any person, except in compliance with this chapter to:

(1) Alter any fireworks;

(2) Throw any firework from, into or at a moving vehicle or at any person;

(3) Sell or use any fireworks at any time not permitted under this chapter;

(4) Use fireworks in any area that constitutes a severe fire threat based on the vegetative conditions during the current fire season as determined by the Fire Chief of the applicable municipality or fire district or the Board, provided that notice of such areas is given in advance.

B. RECORDS TO BE KEPT:

Each permittee shall be required to retain at the licensed premises while said premises is open, and at his/her principal place of business for a year thereafter, copies of all invoices, receipts and orders evidencing the source from which he/she acquired the fireworks which he/she handled.

C. COMPLY WITH IDAHO STATE FIREWORKS ACT:

It shall be the duty of every person issued a AFireworks Permit@ to comply with all the provisions of the Idaho State Fireworks Act and this Ordinance. The conviction or violation of the aforesaid Idaho State Fireworks Act or any of the provisions of this Ordinance by the permittee, or by any of its agents, employees, or officers shall constitute a cause, in and of itself, to deny any subsequent application for a permit.

D. VIOLATION AND PENALTY:

(1) It shall be unlawful for any person, firm or corporation to violate any of the provisions of this Ordinance, and any violation thereof shall constitute an infraction and shall be punishable by a fine of one hundred dollars ($100.00) excluding court costs and fees. An infraction is a civil public offense, not constituting a crime, which is punishable only by a penalty not exceeding one hundred dollars ($100.00) and for which no period of incarceration may be imposed. There is no right to a trial by jury of a citation or complaint for an infraction and such trials shall be held before the court without a jury. A separate offense shall be deemed committed on each day during which a violation occurs or continues.

(2) A second and any subsequent conviction of any violation of any of the provisions of this Ordinance within five years shall constitute a misdemeanor, punishable by a fine of not more than one thousand dollars ($1,000.00) or by imprisonment for not more than thirty (30) days, or by both such fine and imprisonment.

(3) Fireworks being used in violation of this chapter will be confiscated by the appropriate fire department.

That this ordinance shall be in full force and effect from and after its passage, approval and publication.

Enacted by the Elmore County Board of County Commissioners as an ordinance on the
20th day of August 2007.

/s/ Larry Rose, Chairman
/s/ Connie Cruser, Commissioner
/s/ Arlie Shaw, Commissioner
ATTEST: /s/ Marsa Grimmett, County Clerk

Motion by Rose, second by Cruser to go into Executive Session pursuant to I.C. 67-2345(b). Roll call vote was taken.
ROSE - AYE
SHAW - AYE
CRUSER - AYE Motion carried and so ordered.

Regular session resumed. No action was taken as a result of the Executive Session.

Monica Halliday, Juvenile Probation, and Judge Epis, appeared before the Board to discuss the proposed Juvenile Probation 2008 budget. It is less than what Ms. Halliday requested. The Commissioners stated they should have met with Ms. Halliday again to review her budget request and inform her of their decision. One of the issues is to add a full time person or have two part time people. Commissioner Shaw stated it was time for the County to hire qualified personnel. A monthly report from the Juvenile Probation office was discussed. One will be submitted monthly to the Commissioners. The new position would be called the Community Service Coordinator. The position would be responsible to monitor the Community Service workers and could be used to facilitate any new programs. Also that position would carry a partial case load. It was agreed that better communication between the Department and the Commissioners was needed. Civil Attorney Roats suggested that Ms. Halliday attend the County budget hearing on August 27, 2007 at 5:00 p.m.

Motion by Cruser, second by Rose, to accept the Findings of Facts and Conclusions of Law on the final Plat for Phase I of a proposed seventy (70) Lot, Two Phase Platted Subdivision, Ann Atkin, Beacon Development Company, Sunrider Ranch Subdivision.
ROSE - AYE
SHAW - AYE
CRUSER - AYE Motion carried and so ordered.

Bonnie Sharp, Growth and Development Director, appeared and the Commissioners asked her about the Conditional Use Permit for “Fat City” on Simco Road. Ms. Sharp stated there was no Conditional Use Permit. She stated that Mark Russell, who was the Director of the Growth and Development Department at that time, determined that the business was in a M1 Industrial Zone and that a Conditional Use Permit was not needed. Commissioner Cruser asked if there is a sprinkler system there and Ms. Sharp replied yes.

Motion by Rose, second by Cruser, to approve the Letter of Information for Big Foot Bar, LLC., with the additional condition required by the Planning and Zoning Commission “Prior to the sale of any lot, the applicant must file a recorded document against each new parcel disclosing the Right to Farm Act and Open Range Area, and the proximity to the Idaho National Guard Orchard Training Area, a major Confined Animal Feeding Operation (CAFO) feedlot, and the property may be impacted by the noise, lights, dust, and odor that may result from these neighboring land uses.”
ROSE - AYE
SHAW - AYE
CRUSER - AYE Motion carried and so ordered.

Motion by Rose, second by Cruser, to approve the Letter of Information for Jeffrey S. Poseley, with the additional conditions required by the Planning and Zoning Commission: 1. Prior to the sale of any lot or the issuance of any building permits on the lots, the applicant shall provide to the Growth and Development Department certification that the private road, S. Prairie Grass Drive, is built to the local highway district’s standard for local residential unpaved roads. 2. There is no volunteer or professional fire department currently in operation in that area, and 3. Prior to the sale of any lot, the applicant must file a recorded document against each new parcel disclosing the Right to Farm Act and Open Range Area.
ROSE - AYE
SHAW - AYE
CRUSER - AYE Motion carried and so ordered.

Motion by Cruser, second by Shaw, to approve the Letter of Information for Linden and Darbi Dursteler, with the additional conditions required by the Planning and Zoning Commission: 1. Prior to the sale of any lot or the issuance of any building permits on the lots, the applicant shall provide to the Growth and Development certification that the new private road, providing access to parcels A, B, and C, is built to the local highway district’s standard for local residential unpaved roads and 2. No business as previously permitted by Conditional Use Permit will be allowed to operate on any new parcels without a new Conditional Use Permit.
ROSE - AYE
SHAW - AYE
CRUSER - AYE Motion carried and so ordered.

The meeting continued with Commissioners Cruser and Shaw along with Bonnie Sharp, Growth and Development Director to discuss the applicants for a position opening in Ms. Sharp’s Department.

The meeting adjourned.

/S/ LARRY E. ROSE, Chairman
ATTEST: /S/ MARSA GRIMETT, Clerk