02-03-15: PENALTY:

   (1)   Violations; Penalty: The first violation of section 02-03-08: or subsection 02-03-13(4) of this article is hereby declared to be a nuisance and may be punishable as an infraction as defined in Idaho Code section 18-111 and subject to a fine in such amount as prescribed in Idaho infraction rules, rule 9, and as such may be amended. The second violation of section 02-03-08: or subsection 02-03-13(4) of this article within a three (3) month period from the date of the first violation is hereby declared to be a nuisance and may be punishable as an infraction as defined in Idaho Code section 18-111 and subject to a fine in such an amount as prescribed in Idaho infraction rules, rule 9, and as such may be amended. The third violation of section 02-03-08: or subsection 02-03-13(4) of this article within a one year period from the date of the first or second violation is hereby declared to be a nuisance and may be punishable as a misdemeanor as defined in Idaho Code section 18-111 and subject to a fine of three hundred dollars ($300.00).

   (2)   Other Violations; Penalty: Any person violating any section of this article, other than section 02-03-08: or subsection 02-03-13(4) of this article, shall be guilty of a misdemeanor and each separate violation hereof shall be punishable by a fine of not more than three hundred dollars ($300.00).

   (3)   Uniform Citation: Enforcement of this article may be by uniform citation issued pursuant to rule 5 of the Idaho infraction rules and/or rule 5 of the misdemeanor criminal rules and by a law enforcement officer defined in rule 2(g) of the Idaho infraction rules and/or rule 2(g) of the misdemeanor criminal rules. A law enforcement officer for purposes of this article shall include, but is not limited to, a Canyon County sheriff's deputy. A uniform citation for violation of this article shall be personally served upon the owner, if known, or the occupant or person in charge of the possession of the premises or property on which the nuisance is found. The Canyon County solid waste department's code enforcement officer is authorized as a law enforcement officer only for the enforcement of applicable state and county codes pertaining to solid waste within the boundaries of county owned landfill property. (Ord. 05-012, 5-12-2005)