5-3-1: DRIVE-IN ESTABLISHMENTS:

   A.   Definition: The terms "drive-in establishment" or "drive- in" are defined as a place of business wherein beverages, foods or refreshments are served to patrons for consumption on the premises at tables or stands in open or enclosed areas, or in any vehicle stopped, standing or parked in or upon the premises of said drive-in, or in or upon any street, alley, land, parking area or grounds immediately adjacent to said premises, or adjacent to or adjoining any street or public right of way abutting said premises.

   B.   Notices Posted: Persons owning, operating, managing or conducting a drive-in shall place in conspicuous places at said drive-in, signs on which are written in legible English, in letters at least two inches (2") in height on contrasting background, words or phrases requesting patrons to refrain from throwing any waste material upon parking areas, sidewalks, streets, roadways, or gutters, or adjoining property.

   C.   Prohibitions: No person shall place, throw or deposit any waste material upon the outside premises or parking area of a drive-in restaurant or on any street, alley or adjoining property or in the vicinity of a drive-in restaurant, except in adequate receptacles provided for that purpose, nor shall the owner of a drive-in or his agent permit such conduct.

   D.   Property Owner Responsible: Said owner or his agent or operator shall keep the premises whereon the drive-in restaurant is located, together with the parking area and that portion of any street or alley adjoining the drive-in restaurant free from waste material. The owner or his agent or operator shall provide the drive-in restaurant with a sufficient number of adequate refuse containers.

   E.   Penalty: Any person violating the provisions of this section shall be guilty of a misdemeanor and, upon conviction thereof, shall be punished by a fine as provided by Idaho Code, section 18-113 as it may from time to time be amended and/or retitled or by imprisonment in the county jail for a period not exceeding thirty (30) days or by both such fine and imprisonment. (Ord. 26, 6-23-1965; amd. Ord. 603, 1-30-2006)