Lewiston City Codes Flashcards Preview

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Flashcards in Lewiston City Codes Deck (36):
1

CC 21-153
Solicitor License Required

No person shallengage in the business of a peddler or canvasser within the city without first obtaining a permit and license. Individual vendors who are participating in events or exhibitions sponsored by a person or entity separate and independent from any vendor are not required to obtain a permit or license.

2

CC 21-21
Business License Required

No person shall engage in any business or activity in the city for which a license fee is imposed by this article, without first having obtained and being a holder of a valid and subsisting license to do so.

3

CC 22-16
Curfew Violation under 16yoa

No minor under the age of sixteen (16) years shall be upon any public place or any private place open to the public between 0000-0500 hours.

4

CC 22-4
Leaving Child Under 10-years-old Unattended

No person shall leave unattended in a standing or parked motor vehicle a child under the age of ten (10) years.

5

CC 24-1
Permit required to discharge firearms

No person shall discharge any air gun, air pistol, rifle, fowling piece, pistol or any other firearms within the city without having first obtained a permit from the chief of police to do so.

6

CC 24-22
Discharge slingshot, missiles, projectiles

No person shall shoot, throw, sling, fling, hurl or cast any shot, bullet, lead slug, rock, stone, pebble or missle with or by the use of slingshot, sling, flip or any instrument. ~ Archery not included

7

CC 24-29
Loitering on School Property

No person found loitering on school property in the city during the school year or any other time when student activity is in progress shall refuse to disperse or vacate such place when requested to do so by any police officer.

8

CC 24-38
Excessive Noise

(a) No person shall make any noise(s) or excessive or unnecessary sound(s) which disturbs, injures or endagers the comfort, convenience, repose, health, peace, safety and welfare of any other person.

(b) No person on the premises of a restaurant, bank, bar, tavern, theatre, business, public parking facility, or other parking or drive-in facilities are offered and extended tothe public shall not: race the engine, bring to a sudden start or stop any motor vehicle, or commit any other act whereby the quiet of the premises or the neighborhood, or any person, is disturbed.

(c)(2) Operation of a radio, musical instrument, phonograph, television set, tape recorder or other machine producing sound in such a manner as to be plainly audible to a law enforcement officer at a distand of fifty (50) feet is a violation of this section.

9

CC 24-39
Excessive Noise - Tires

(d) No person shall operate any automobile, bus, truck, motorcycle or other motor vehicle in such a manner as to cause any squeeling, screeching or other such noise from the tires.

10

CC 24-8
Discharging Fireworks

(a) As used in this section, these terms shall have the following meanings:

(1) “Authority having jurisdiction” means the Lewiston fire department.

(2) “Fireworks” means any combustible or explosive composition, or any substance or combination of substances, or articles 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. 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.

(3) “Nonaerial common fireworks” means any fireworks such as ground spinners, fountains, sparklers, smoke devices or snakes designed to remain on or near the ground and not to travel outside a fifteen (15) foot diameter circle or emit sparks or other burning material which land outside a twenty (20) foot diameter circle or above a height of twenty (20) feet. Nonaerial common fireworks do not include firecrackers, jumping jacks, or similar products.

(4) “Permit” means an authorization given by the authority having jurisdiction pursuant to section 24-9 of this code.

(5) “Special fireworks” means 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.

(b) No person in the city shall possess fire or discharge any fireworks other than nonaerial common fireworks. Nonaerial common fireworks may be possessed and discharged during the times that nonaerial common fireworks may be sold at retail, as provided in section 24-9 of this code; provided, however, that the fire marshal may permit the public display by responsible persons or organizations of fireworks of such character and in such location as in the fire marshal’s judgment shall not be hazardous to surrounding property or endanger personal safety as defined by Idaho Code, Section 39-2605.

(c) It shall be unlawful for any person, except in compliance with this section, to:

(1) Alter any fireworks;

(2) Throw any fireworks 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 county commission or authority having jurisdiction; provided, that notice of such areas is given in advance.

(d) The parents, guardians or other persons having custody or control of a minor shall be liable for damage caused by the use of fireworks by the minor.

(e) Any person using or possessing fireworks in violation of the provisions of this section or any rules issued hereunder is guilty of a misdemeanor punishable as provided in section 1-7 of this code. Possession and/or the use of fireworks prohibited by this section is hereby declared a public nuisance and a threat to public safety and any such fireworks may be confiscated by the Lewiston police department or the Lewiston fire department. (Ord. No. 4578, § 2, 5-14-12)

11

CC 24-9
Sale of Fireworks

(a) No person shall sell, offer or expose for sale any fireworks as defined by Idaho Code, Section 39-2602. Nonaerial common fireworks may be sold at retail from June 28th to July 5th of each year, between the hours of 9:00 a.m. and 11:00 p.m. upon obtaining a city business license therefor pursuant to Chapter 21 of this code.
(b) It is unlawful for any person under the age of sixteen (16) years to purchase or possess any fireworks unless accompanied by or in the presence of their parent or legal guardian. It is unlawful for any permit holder, or agent or employee of a permit holder, to sell fireworks to any person who is under the age of sixteen (16) years unless accompanied by or in the presence of their parent or legal guardian. Only persons who are over the age of eighteen (18) years are permitted to sell fireworks or work in a fireworks stand. Verification of age of workers, sellers and purchasers of fireworks shall be by picture identification only and shall be the responsibility of the permit holder, agent or employee of a permit holder. Retail vendors of nonaerial fireworks shall post age restriction information as required by this section.

(c) Any person desiring to sell nonaerial common fireworks shall file an application for a city of Lewiston business license with the business license representative no later than June 1st.

(d) Any person desiring to present a public display shall file an application for a city of Lewiston business license with the business license representative at least thirty (30) days in advance of the proposed event.

(e) Any person found to be in violation of the provisions of this section or any rules issued hereunder is guilty of a misdemeanor punishable as provided in section 1-7 of this code. Possession of or offering to sell fireworks prohibited by this section is hereby declared a public nuisance and a threat to public safety and any such fireworks may be confiscated by the Lewiston police department or the Lewiston fire department.

12

CC 26-32
Park Operation

(a) Except when otherwise ordered by the director, or as otherwise posted, all parks of the city shall be open to the public every day of the year between the hours of 6:00 a.m. and 12:00 p.m.

(b) Lighting for athletic events shall not be permitted after 11:00 p.m., except when ordered by the director.

(c) Persons and vehicles shall be excluded from the parks of the city during hours of closure except for necessary transit through the parks.

13

CC 26-34
Use of park property

(a) No person shall willfully mark, deface, disfigure, injure, tamper with or display or remove any buildings, tables, benches, fireplaces, railings, pavings, or other public properties or facilities or any part or parts thereof, nor tamper with nor remove any signs, notices, monuments, stakes, posts, or other boundary markers, or any other structures, equipment or facilities on park property, nor shall any person damage, cut, carve, transplant or remove any tree or plant, nor pick any flower or seedlings within any park of the city.

(b) No person shall attach any rope, wire, or other contrivance to any tree or plant.

(c) No person shall dig or otherwise disturb any grass areas of any park, or in any other way injure or impair the natural beauty of any park area.

(d) No person shall utilize any kind of chemical to induce the gathering or harvesting of worms or bait within any city park area.

(e) Section 8-31 of this code shall apply in all areas designated by the city as park properties. All dogs shall be required to be on a leash at all times when visiting city parks. Parties responsible for dogs shall clean up and remove any and all fecal matter deposited by dogs within or on park property. Responsible party shall mean any individual or person owning, possessing or having within their immediate vicinity, custody or control of a dog. Responsible persons who do not clean up after their dogs shall be guilty of a misdemeanor.

(f) Beer and wine may be possessed and consumed in city parks by permit only as provided in section 6-2 of this code.

14

CC 26-35
Park Conduct
 

No person in any park shall:(1) Prevent any person from using any park or any park facility, or interfere with any lawful use thereof.

(2) Swim, bathe, or wade in any water or waterways, or pool or fountain in any park, except in such places as are provided therefor and in compliance with such rules and regulations as are posted therefor.

(3) Use any portion of the picnic areas or any of the buildings or structures therein for the purpose of holding picnics to the exclusion of other purposes, nor use such areas and facilities for unreasonable lengths of time.

(4) Set up tents, shacks, or other temporary shelter for the purpose of camping, except by permission of the director.

(5) Participate in the playing of any games involving dangerous objects such as stones, arrows, or javelins, except in areas set apart for such forms of recreation by the director. Golfing or driving golf balls shall be prohibited except in duly constituted golf courses or driving ranges.

(6) Ride horses or other animals, except on designated bridle trails or roadways. Where permitted, horses shall be under proper restraint and shall not be permitted to be unattended.

(7) Violate the posted rules for the use of any tennis court.

(8) Expose or offer for sale any article or thing, nor station or place in a stand, cart, or vehicle for the transportation, sale or display of any article or object. This section shall not apply to regularly licensed concessionaires acting by and under the authority of the parks and recreation department of the city.

(9) Distribute, leave, or throw any advertising material or give away or otherwise distribute for advertising purposes any goods or wares within any park of the city.

(10) Paste, glue, tack, or otherwise post any signs, advertisements, or inscriptions whatever, except as may be authorized by the director.

15

CC 26-36
Park Traffic

No person in any park shall:
(1) Fail to obey any police officer or park and recreation department employee involved in directing traffic.

(2) Ride or drive a vehicle at a rate of speed exceeding fifteen (15) miles per hour, except where another speed is properly posted.

(3) Drive any vehicle on any area except paved park roads or parking areas, except as may be otherwise designated by the director.

(4) Park a vehicle in other than established or designated parking area.

(5) Leave a vehicle standing or parked after closing hours of the park.

(6) Double park any vehicle on any road or parkway, unless directed by a police officer or parks and recreation department employee.

16

CC 35-101
Failure to Use By-Pass Route (Commercial)

All trucks on a trip originating within the city an traveling in the city for a destination point outside the city shall proceed by the shortest direction over streets on which such traffic is permitted (truck route).

17

CC 35-143
Skateboard Restrictions
Fine $75

No person shall ride or propel any skateboard, roller skates, go-cart, street luges, or scooters on any public sidewalk adjacent to:

Main Street, Bryden Canyon, Clearwater Memorial Bridge, Brakenbury Square, Rettig Plaze, Civic Center Plaza, Pioneer Park, Prospect Grade, 5th St Grade, 9th St Grade, Miller Grade.

18

CC 35-168
J Walking
Fine $75
 

No pedestrian shall cross any roadway within the city except at intersections or marked crosswalks.

19

CC 35-32
Maximum Speed Limits
Fine $75

No person shall operate any vehicle at a speed in excess of the following:

(1) 25 mph upon any public street or highway within the city except
(2) as determined and properly posted.
(5) 15 mph when traversing an uncontrolled intersection of the streets where the operator's view is obstructed.

20

CC 35-34
Use of Radar

The speed of any motor vehicle may be checke dby the use of radio microwaves or any other electrical device. The results of such checks shall be accepted as prima facie evidence of the speed of such motor vehicle.

The driver or any such motor vehicle may be arrested without warrant under this section provided the arresting officer is in uniform or displays his badge or authority, and has observed the record of the speed of such motor vehicle.

21

CC 35-5
Avoiding an Intersection
Fine $75

It shall be unlawful for any person driving a motor vehicle to drive across or through a private corner lot for the sole purpose of avoiding a traffic control device at an adjacent intersection.

22

CC 35-6
Obedience to barriers, warning signals and flagmen

No person shall disregard warning signals or barriers lawfully placed in any street or the warning signal of a flagman stationed near any railroad crossing or other dangerous place or where authorized workmen are employed upon the streets.

23

CC 35-66
Stopping, standing or parking prohibited in specified places

Except when necessary to avoid conflict with other traffic or in compliance with law or directions of a police officer or official traffic control device, no person shall:

(1) Stop, stand or park a vehicle:

a. On a crosswalk;

b. Within an intersection;

c. Upon a sidewalk, except that the provisions of this subpart shall not apply to bicycles; provided, that said bicycles shall not obstruct pedestrian traffic;

d. Alongside or opposite any street excavation or obstruction when stopping, standing or parking would obstruct traffic;

e. Upon or within any bridge, overpass, underpass, subway, tunnel or viaduct;

f. Upon any railroad tracks;

g. Upon any portion of any city park or recreation area, except within any officially designated parking area within city parks and recreation areas, and except that the provisions of this subpart shall not apply to bicycles; provided, that said bicycles shall not obstruct pedestrian traffic;

h. Within or upon any street, alley, lane or railroad right-of-way where the stopping, standing or parking of such vehicle will block, obstruct or prevent the free passage of other vehicles or railroad traffic within or upon said street, alley, lane or railroad right-of-way;

i. At any place where official traffic control devices or signs prohibit stopping or parking.

(2) Stand or park a vehicle, whether occupied or not, except momentarily to pick up or discharge a passenger or passengers:

a. In front of any driveway;

b. Within fifteen (15) feet of a fire hydrant;

c. Within twenty (20) feet of a crosswalk at an intersection;

d. Within any mail-drop zone, except for the purpose of making deposits of mail in mailboxes within or directly adjacent to such zones; provided, however, that any standing or parking of any vehicle in any mail-drop zone which exceeds five (5) minutes shall be a violation of this subpart;

e. Within thirty (30) feet of any flashing signal, stop sign, yield sign or traffic control signal located at the side of a roadway;

f. Within twenty (20) feet of the driveway entrance to any fire station;

g. Within one (1) block of any place where a fire department is in the process of fighting a fire;

h. On the roadway edge of any vehicle stopped or parked at the edge of a street or highway (double parking);

i. Within any officially designated loading zone, except that this subpart shall not apply to any vehicle when such vehicle is actually engaged in loading or unloading goods, wares, merchandise, materials or passengers; provided, however, that this paragraph shall not authorize the parking or standing of any vehicle in violation of section 35-75 of this code;

j. Within any officially designated bus stop or taxi stand zone, except that the provisions of this subpart shall not apply to any bus, taxi or limousine which is properly licensed by all city, state and federal authorities and is being operated in the ordinary course of business;

k. Within five (5) feet of the intersection of an alley with another alley or street;

l. Within twenty (20) feet of the intersection or any combination of intersections of streets or railroad rights-of-way;

m. Upon any city-owned or city-operated property officially designated for use for vehicle parking by authorized city personnel only, except that this subpart shall not apply to the standing or parking of vehicles in such areas by authorized city personnel;

n. Within or upon any street, alley or railroad right-of-way where the standing or parking of such vehicle will block, obstruct or prevent any other vehicles from turning from a street, alley, lane or driveway onto another street, alley, lane or driveway;

o. At any place where official traffic control devices, signs or red painted curb prohibit stopping or parking.

(3) Park a vehicle, whether occupied or not, except temporarily, for the purpose of and while actually engaged in loading or unloading merchandise or passengers:

a. Within fifty (50) feet of the nearest rail of a railroad crossing;

b. At any place where official traffic control devices or signs prohibit stopping or parking.

(4) Park or store a vehicle upon any public right-of-way, street or alley, whether occupied or not, that is not currently registered by the state of Idaho or other competent jurisdiction.

(5) Park or store a vehicle that is not operable upon any public right-of-way, street or alley, whether occupied or not, for a period of forty-eight (48) hours.

(6) Park or store a vehicle upon any public right-of-way, street or alley, while performing repairs or alterations thereon, except for temporary, emergency repairs not to exceed seventy-two (72) hours.

(7) Park, stop or stand a vehicle, whether occupied or not, in a designated handicapped parking space, marked and signed, in conformance with section 37-148 of this code or Idaho Code, Section 49-213, unless a disabled occupant displays, on the vehicle, a special license plate or a special card for a person with a disability as provided for in Idaho Code, Section 49-410. Violations of this subsection shall be punishable as provided in Idaho Code, Section 49-213. Further, it shall be unlawful for any person who owns, leases or is in control of property where handicapped parking spaces are designated to allow any debris, merchandise, shopping carts or other items to accumulate so as to make a handicapped parking space unusable.

24

CC 35-67
Modes, manners and types of parking prohibited

 

No person shall stop, stand or park any automobile, pickup truck, tractor, truck, truck trailer, travel-all, travel trailer, motorcycle, bicycle, moped, recreational vehicle, motor home or any other vehicle upon any street or alley in the city of Lewiston except when the stopping, standing or parking of such vehicle complies with all of the following requirements:

(1) In all areas where there are curbs all vehicles shall be parked parallel to the curb and not more than eighteen (18) inches therefrom except in such areas where official traffic control devices, signs, painting or curb markings specifically provide for other modes or manners of parking; and

(2) In all areas where there are no curbs all vehicles shall be parked parallel to the center line of the roadway; and

(3) No persons driving or in charge of a motor vehicle shall permit it to stand unattended without first stopping the engine, locking the ignition, removing the key from the ignition, effectively setting the brake thereon and, when standing upon any grade, turning the front wheels to the curb or side of the highway;

(4) Wherever the city has divided portions of the roadway surface by curb markings, street paint or other traffic control device into individual parking stalls, each vehicle standing or parked within such portion of the roadway shall be standing and/or parked solely within one individual parking stall;

(5) All vehicles which are parked or standing upon any city street or alley shall be parked or standing in such a manner that the vehicle is pointed in the same direction as the traffic which is in the traffic lane directly next to the  vehicle.

25

CC 35-70
Bicycle parking prohibited

Bicycles are prohibited from parking in spaces designed for motorized vehicles.

26

CC 35-71
Municipal and airport parking lots, general regulations

 

(a) No person shall park any automobile, truck, truck trailer, travel-all, travel trailer, motorcycle, bicycle, moped, recreational vehicle, motor home, mobile home or other vehicle in any place within a municipal or airport parking lot except when such parking complies with the following regulations:
(1) Vehicles shall be parked only within officially designated parking spaces;

(2) All vehicles shall be parked in such a manner that each vehicle occupies only one parking space;

(3) Only trucks and oversize vehicles shall park within those parking spaces designated for trucks and oversize vehicle parking.

(b) Each vehicle parked, stopped or left to stand in a city parking lot shall be parked, stopped or left to stand in such a manner that it does not block, obstruct or impede the free flow of traffic through the parking lot.

27

CC 35-72
Bus and taxicab

No driver of a bus or taxicab shall stand or park upon any street in a business district at any place other than at a bus stop or taxicab stand, respectively; provided, that this section shall not prevent the driver of any such vehicle from temporarily stopping in accordance with other stopping or parking regulations at any place for the purpose of and while actually engaged in loading or unloading passengers.

28

CC 35-73
Parking of commercial vehicles in residential zones

No person shall park any commercial vehicle, whether attended or unattended, upon the streets in any residential zone within the city for a period in excess of four (4) hours, except:

(1) For the purpose of loading and unloading passengers, materials or merchandise; or

(2) For any purpose incident to any lawful construction project or street maintenance project located within the immediate vicinity of such parked vehicle; or

(3) For those vehicles used in private enterprise on night-time calls as provided for in section 35-105(f).

29

CC 35-74
Loading and unloading

Any person who shall load or unload from or into any vehicle designed for the carrying of goods, wares and merchandise any goods, wares or merchandise at or from any building situated within the city shall load or unload such vehicle only upon the street or alley at the rear of such building, in all cases where the rear of such building is accessible to a street or alley.

30

CC 35-8
Driving Over Sidewalks

No vehicle shall be ridden or driven on any sidewalk, except over a permanent driveway.

31

CC 6-2
Open Container

No person shall consume any beer, wine, liquor or any other alcoholic beverage or have in his possession any open container or receptacles containing such on any public parks, grounds, streets, alleys, sidewalks, right-of-ways, or public areas open to the public.

32

CC 8-12
Dangerous Animals Prohibited

It shall be unlawful for any person to keep any wild or dangerous animal for display or exhibition purposes.

Any animal that has attacked or bitten any person or other animal, without cause, may be seized by a police officer or other citizen.

33

CC 8-22
Levels of dangerous dogs

Any dog which exhibits a known inclination or tendency to attack or bite a person or other animal... may be declared a dangerous dog.

Level 1: a dog, while at large is found to menace, chase and dislplay threatening or aggressive behavior or otherwise threaten or endager the safety or any person or animal.

Level 2

34

CC 8-23
Dog License

The keeping of any dog within the city is hereby forbidden and unlawful, unless the owner procures a license from the city.

35

CC 8-32
Dog Offenses - Barking Dogs

No person owning, harboring, controlling, or keeping any dog shall permit the dog to:

(1) Behave in a "dangerous" manner per levels 1 through 3.

(2) Scatter garbage, refuse or debris.

(3) Chase any person, vehicle or animal.

(4) Deposit fecal material on any property that is not their own without the owner immediately removing it.

(5) Bark, howl, or otherwise cause noise which disturbs or is likely to disturb the peace and quiet of any person.

36

CC 8-9
Cruelty, killing, or otherwise mistreating animals


It is unlawful for any person to maliciously kill, maim or wound an animal, the property of another, or for any person having the charge or custody of any animal, to subject any animal to needless suffering or to invlict any unnecessary cruelty upon the same... to abuse an animal or failt to provide the same with proper food, drink, veterinary care, shelter or protection from weather.

No person shall intentionally annoy, harass, or taunt any confined animal within the city.

No person shall kill or injure any wild birds within the city, unless English Sparrows, starlings or feral pigeons.