TITLE 8 - HEALTH AND SANITATION

SECTION:

A "public nuisance" is a thing, act, occupation or use of the property which:

A.

Shall annoy, injure or endanger a considerable number of persons or adversely affect the safety, health, comfort or repose of said persons.

B.

Shall offend the public decency.

C.

Shall in any way create a hazard to or have a detrimental effect on the property or the enjoyment of the property of a considerable number of persons.

(1985 Code)

A violation of this chapter shall be punishable by an administrative citation. However, after a responsible party receives an administrative citation charging a third or subsequent offense, the city may pursue a misdemeanor charge against the responsible party for repeated or on-going violations thereafter.

(Ord. 181, 3-2-1971; Ord. No. 2024-18, § 8, 7-2-2024)

A.

Definition: A "weed" is an undesirable or uncultivated plant growth that is unkempt, unsightly, or deleterious to the public. Weeds shall include all grass and unkempt bushes.

B.

Required: Every person residing, doing business, owning, managing, renting, leasing or using property within the city limits shall be required to keep all weeds, grass, vines or other growth which endanger property or are liable to be fired, or weeds over twelve (12) inches in height continuously cut down, weeded out, sprayed, burned, removed or destroyed. This shall include all weeds on private property, public property adjacent to or contiguous with private property including areas behind curbs, sidewalks, parking areas, and property to the center of alleys and ditches.

C.

Abatement procedure: The mayor or city council or the fire chief of the Kuna Rural Fire Department may cause the city clerk to give notice in writing to any person, property owner, manager, or tenant failing to comply with the provisions of subsection B of this section. The notice shall require absolute compliance within five (5) days. The mayor, city council or fire chief may, five (5) days after notice, cause weed removal, obliteration, cutting, spraying or burning as often as necessary, on lots, lands or premises not in compliance. The expense of such work shall be assessed against the property involved as general taxes and collectible as other general state, county and municipal taxes.

D.

Violation: Any person owning, managing, or occupying any lots, lands or premises within such incorporated limits of the city who, after notice, fails, refuses or neglects to continuously keep weeded out, cut down, obliterated, sprayed, burned or destroyed, the herein described weeds, grass and growths in the manner prescribed in accordance with the provisions of subsection B of this section shall be punishable as provided in section 8-1-2 of Kuna City Code.

E.

Authority: The mayor and city council and the fire chief of the Kuna Rural Fire District are hereby given the power and authority to employ such labor as is necessary to carry out the provisions of this section.

F.

Notice: Prior to initiation of abatement pursuant to subsection C of this section, the owner of record shall be provided notice by either personal service or by mail at the address provided by tax records.

G.

Violation: Any person in actual physical control of property and who does not comply with the provisions of subsection B of this section shall be punishable as provided in section 8-1-2 of Kuna City Code.

(Ord. 312, 7-7-1987; Ord. 504, 1-5-1999; Ord. No. 2024-18, § 8, 7-2-2024)

A.

It shall be unlawful for any person or any secondhand dealer to store or keep any old articles or materials which may be classed as junk, adjacent to or in close proximity to any schoolhouse, church, public park, public grounds, business buildings or residence within the city limits, without first providing tight and proper buildings for the storage of the same.

B.

Within the context of subsection A of this section, the term "junk" shall mean, in addition to the definition in section 5-1-6 of this Code, all automobiles which are inoperative or unregistered.

C.

Any person found to be violating any provision of this section shall be served by the city by written notice stating the nature of the violation and providing a specified maximum period of time, not to exceed five (5) days, for the satisfactory correction thereof.

(Ord. 313, 7-7-1987; amd. Ord. 504, 1-5-1999; Ord. No. 2025-18, § 2, 8-5-2025)

SECTION:

The purpose of this chapter is to protect the public health of water consumers by the control of actual and/or potential cross-connections.

(Ord. 264, 8-5-1980)

AUXILLARY WATER SUPPLY: Any supply of water used to augment the supply obtained through the public water supply which serves the premises in question.

BACKFLOW: The flow, other than the intended direction of flow, of any foreign liquids, gases, or substances into the distribution system of a public water supply.

BACKFLOW PREVENTION DEVICE: A device to counteract back-pressure or prevent back-siphonage.

CONTAMINATION: The entry into or presence in a public water supply of any substance which may be deleterious to health and/or quality of the water.

CROSS-CONNECTION: Any physical arrangement whereby a public water supply is connected, directly or indirectly, with any other water supply system, sewer, drain, conduit, pool, storage reservoir, plumbing fixture, or other device which contains or may contain contaminated water, sewage, or other waste or liquids of unknown or unsafe quality which may be capable of imparting contamination to the public water supply as a result of backflow.

DIRECTOR: The Director of the Idaho Department of Environmental Quality, or his authorized agent.

ENGINEER: City Engineer of Kuna, who shall be a registered professional engineer in the State of Idaho.

PUBLIC WATER SUPPLY: Any system of water supply intended or used for human consumption or other domestic uses, including source, treatment, storage, transmission and distribution facilities, where water is furnished to any collection or number of individuals, or is made available to the public for human consumption or domestic use.

PURVEYOR: The City of Kuna, or its authorized agent.

REGULATIONS: Idaho Department of Environmental Quality Rules, IDAPA 58.01.08, "The Idaho Regulations for Public Drinking Water Systems", and as may be subsequently amended or modified.

SUPERINTENDENT: The Water Superintendent of the City of Kuna, or his authorized agent.

(Ord. No. 2012-03, §§ 1—4, 3-6-2012)

No water service connection to any premises shall be installed or continued in use by the purveyor unless the water supply is protected by backflow prevention devices as may be required by this chapter. The installation or maintenance of a cross-connection which will endanger the water quality of the potable water supply of the city shall be unlawful and is prohibited. Any such cross-connection now existing or hereafter installed is hereby declared to be a public nuisance and the same shall be abated. The control or elimination of cross-connections shall be in accordance with this chapter and the regulations, together with the latest edition or appropriate manuals of standard practice pertaining to cross-connection control approved by the director. The engineer shall have the authority to establish requirements more stringent than state regulations if he deems that the conditions so dictate. The purveyor shall adopt rules and regulations as necessary to carry out the provisions of this chapter.

A.

Backflow prevention devices shall be installed at the service connection or within any premises identified in section 8-2-4:A.7 where, in the judgment of the purveyor, the nature and extent of the activities on the premises, or the materials used in connection with the activities, or materials stored on the premises, may present an immediate and dangerous hazard to health and/or be deleterious to the quality of the water should a cross-connection occur; even though such cross-connection does not exist at the time the backflow prevention device is required to be installed under circumstances including, but not limited to the following:

1.

Premises having an auxiliary water supply, unless the quality of the auxiliary supply is in compliance with the regulations and is acceptable to the purveyor.

2.

Premises having internal cross-connections that are not correctible, or intricate plumbing arrangements which make it impracticable to ascertain whether or not cross-connections exist.

3.

Premises where entry is restricted so that inspections for cross-connections cannot be made with sufficient frequency or at sufficiently short notice to assure that cross-connections do not exist.

4.

Premises having a repeated history of cross-connections being established or re-established.

5.

Premises on which any substance is handled under pressure so as to permit entry into the public water supply, or where a cross-connection could reasonably be expected to occur. This shall include the handling of process waters and cooling waters.

6.

Premises where materials of a toxic or hazardous nature are handled in such a way that if back siphonage should occur, a serious health hazard might result.

7.

The following types of facilities will fall into one (1) of the above categories where a backflow prevention device is required to protect the public water supply. A backflow prevention device shall be installed at these facilities unless the purveyor and director determine that no hazard exists:

a.

Hospitals, mortuaries, clinics;

b.

Laboratories;

c.

Metal plating industries;

d.

Sewage treatment plants;

e.

Food or beverage processing plants;

f.

Chemical plants using a water process;

g.

Petroleum processing or storage plants;

h.

Radioactive material processing plants or nuclear reactors;

i.

Others specified by the director.

8.

Other premises, as specified by the engineer or superintendent, where backflow prevention devices are required to protect the public water supply.

B.

The type of protective device required shall depend on the degree of hazard which exists:

1.

An air-gap separation or a reduced pressure principal backflow prevention device shall be installed where the public water supply may be contaminated with sewage, industrial waste of a toxic nature, or other contaminant which could cause a health or system hazard.

2.

In the case of a substance which may be objectionable but not hazardous to health, a double check valve assembly, air-gap separation, or a reduced pressure principal backflow prevention device shall be installed.

C.

Backflow prevention devices required by this chapter shall be installed at the meter, at the property line of the premises when meters are not used, or at a location designated by the purveyor. The device shall be located so as to be readily accessible for maintenance and testing, and furthermore, where no part of the device will be submerged.

D.

Backflow prevention devices required by this chapter shall be installed under the supervision of, and with the approval of, the purveyor.

E.

Any protective device required by this chapter shall be a model approved by the engineer. A double check valve assembly or a reduced pressure principal backflow prevention device will be approved if it has successfully passed performance tests of the University of Southern California Engineering Center or other testing laboratories satisfactory to the director and the engineer. These devices shall be furnished and installed by and at the expense of the customer.

F.

Backflow prevention devices installed pursuant to this chapter, except atmospheric breakers, shall be inspected and tested annually, or more often if necessary. Inspections, tests and maintenance shall be at the customer's expense. Whenever the devices are found to be defective, they shall be repaired, overhauled or replaced at the customer's expense. Inspections, tests, repairs and records thereof shall be accomplished under the purveyor's supervision by certified testers.

G.

No underground sprinkling device will be installed without adequate backflow prevention devices at the point from which the water for irrigation is taken from the public water supply.

H.

Failure of the customer to cooperate in the installation, maintenance, testing or inspection of backflow prevention devices required by this chapter and the regulations shall be grounds for the termination of water service to the premises, or, in the alternative, the installation of an air-gap separation at the customer's expense.

(Ord. No. 2012-03, § 5, 3-6-2012)

A.

No water shall be delivered to any structure hereafter built within the city or within areas served by the city water until the same shall have been inspected by the purveyor for possible cross-connections and have been approved as being free of same.

B.

Any construction for industrial or other purposes which is classified as hazardous facilities pursuant to subsection 8-2-4:A.7 of this chapter, where it is reasonable to anticipate intermittent cross-connections, or as determined by the director shall be protected by the installation of one (1) or more backflow prevention devices at the point of service from the public water supply or any other location designated by the purveyor.

C.

Inspections shall be made periodically of all buildings, structures, or improvements of any nature now receiving water through the city's system, for the purpose of ascertaining whether cross-connections exist. Such inspections shall be made by the purveyor.

If cross-connection control device(s) are found to be necessary, the owner of the property served must apply to the purveyor for a specific installation permit.

In the event an improper cross-connection is not corrected within the time limit set by the superintendent or, in the event the purveyor is refused access to any property for the purpose of determining whether or not cross-connections exist; delivery of water to the property shall cease until the deficiency is corrected to the purveyor's satisfaction. In addition, the purveyor may effect the necessary repairs or modifications at the expense of the property owner and refuse delivery of water to the property until the cost thereof shall have been paid.

Any person who violates, disobeys, omits, neglects, refuses to comply with, or resists the enforcement of any of the provisions of this chapter or the rules and regulations as adopted by the purveyor, shall be deemed guilty of a misdemeanor.

(Ord. 264, 8-5-80)

SECTION:

This chapter shall be known as the Wellhead Protection Ordinance.

(Ord. 401, 9-21-93)

The purpose of this chapter is to promote the public health, safety, and general welfare, and to safeguard the public against contamination of the public water supply and to maximize ground water protection and to provide for pollution control of water resources and to minimize the need for public expenditure for costly pollution remediation projects and to provide the public with a safe potable water supply.

(Ord. 401, 9-21-93)

When used in this chapter the following words or phrases shall have the meanings given in this section:

(Ord. 401, 9-21-93)

There is hereby established a district to be known as the wellhead protection area identified and described as all of the area within the limits of the city and including the city impact area. It is further established that this area be composed of three (3) zones. Zone I, Zone II and Zone III as they are defined in this chapter.

(Ord. 401, 9-21-93)

The following uses, including but not limited to any other use which may have a detrimental effect upon the quality of water shall be and are hereby prohibited within Zone I of the wellhead protection area:

A.

Surface use or storage of hazardous or toxic material, expressly including herbicide and pesticide applications to the soils, groundwater or surface water within fifty feet (50') of a wellhead.

B.

Sanitary landfills or garbage disposal sites.

C.

Storage disposal or waste of potentially hazardous or toxic material.

D.

Underground storage tanks.

E.

Sanitary sewer lines within fifty (50) feet of a wellhead.

F.

Septic systems within one hundred fifty (150) feet of a wellhead.

G.

Livestock and animals.

H.

Drainage canals.

(Ord. 401, 9-21-93; Ord. No. 2015-11, § 6, 9-15-2015)

The following uses, including but not limited to any other use which may have a detrimental effect upon the quality of water, shall be and are hereby prohibited within Zone II of the wellhead protection area whether or not such use or condition may otherwise be ordinarily included as part of a use permitted under section 8-3-7 of this chapter.

A.

Sanitary landfills;

B.

Animal feed lots;

C.

Hazardous waste disposal sites;

D.

Underground injection wells;

E.

The manufacturing, collection, handling, use, storage, transfer or disposal of any solid, liquid, or gaseous material or waste having a potentially hazardous impact on water quality;

F.

Sanitary sewer lines within fifty feet (50') of a wellhead and septic systems within one hundred fifty feet (150') of a wellhead.

(Ord. 401, 9-21-93)

The following uses, including but not limited to any other use which may have a detrimental effect upon the quality of water shall be and are prohibited within Zone III of the wellhead protection area, whether or not such use or condition may otherwise be ordinarily included as part of a use permitted under sections 8-3-5 and 8-3-6 of this chapter.

A.

Sanitary landfills;

B.

Hazardous waste disposal sites;

C.

Any land use activity posing a hazard or potential threat to the quality of water.

(Ord. 401, 9-21-93)

SECTIONS:

This chapter shall be known as the "Solid and Recyclable Waste Collection System and Service Ordinance."

(Ord. No. 2023-21, § 3, 9-19-2023)

This chapter is made pursuant to the authority granted the city by article XII, section 2 of the Idaho Constitution, Idaho Code §§ 50-329 and 50-344.

(Ord. No. 2023-21, § 3, 9-19-2023)

For all purposes of this chapter, capitalized terms in this Section have the definitions as herein provided unless the context of the term clearly requires otherwise and the word is not capitalized:

A.

CITY: means the City of Kuna, Idaho.

B.

CITY FEE SCHEDULE: means the fee schedule as approved from time to time by resolution of the city council for the fees for the services provided by the contractor to the owners and/or occupiers of premises pursuant to this chapter.

C.

COLLECTION SERVICE OR SERVICE: means collection by the contractor of contractor-provided standard collection service and specialty on-call collection services (definitions provided below), in accordance with the city fee schedule.

D.

CONTRACTOR: means the person who has entered into a franchise agreement for the collection, hauling, and removal of solid waste.

E.

FRANCHISE AGREEMENT: means and refers to a franchise agreement entered into by and between the city and the contractor pursuant to the authority, terms, and conditions of this chapter.

F.

INCIDENTAL THIRD-PARTY: means a third-party person, including, without limitation, a gardener, landscaper, tree-trimming service, construction and demolition, on-site clean-up contractor, roofing tear-off contractor, paper shredder/document destruction company, or any other similar person whose services incidentally generate solid waste and recyclable solid waste and the hauling away thereof would be considered an incidental part of its services.

G.

LARGE ITEM: means any solid waste which does not readily or properly fit within a standard container or specialty container (defined below). Large item pickup shall only occur in accordance with section 8-4-12, below, and on terms and conditions as may be identified by city and the contractor from time to time and published on the city's website, provided that anything that is considered household hazardous waste shall not be an eligible large item. Large items shall be commercially reasonable in size and weight. Items that are excessive in size or weight shall be subject to additional charges and/or may be rejected by the contractor in its sole discretion.

H.

PERSON: means any person, firm, partnership, association, institution, limited liability company, corporation, trust and/or any other legal entity whether for profit or nonprofit, public or private, and in the plural as well as the singular.

I.

PREMISES: means any parcel of real property within the city where solid waste is created, accumulated, stored, or otherwise exists.

J.

RECYCLABLE SOLID WASTE: means and refers to those solid waste materials which the contractor provides written notice to the city and premises subscriber owners and occupiers describing the materials that such subscribers may place in the wheeled recycling cart for contractor collection.

K.

SOLID WASTE: means all materials discarded for disposal, putrescible and non-putrescible, solid and semi-solid waste material including rubbish, demolition and construction waste, industrial waste, vegetable solid and semi-solid waste, reusable or recyclable material, and other discarded solid and semi-solid wastes.

L.

SELF-HAUL: See section 8-4-9(C)(1).

M.

SPECIALTY ON-CALL COLLECTION SERVICES: means the collection of large items and by means of specialty containers under section 8-4-3(N), which service is provided on an on-call basis as scheduled by a premises owner with the contractor and may require a deposit as a condition of initiating, conditioning, or restoring on-call service.

N.

STANDARD COLLECTION SERVICES: means the pickup of standard containers occurring on a standard, regular schedule in accordance with the city fee schedule.

O.

SPECIALTY CONTAINERS: means any type of receptacles, including without limitation, dump trailers, bins, drop box containers, roll-off containers, temporary dumpsters, or any other non-standard containers.

P.

STANDARD CONTAINERS: means wheeled carts, wheeled recycling carts, and those receptacles offered by the contractor and designated as "standard containers" with regularly scheduled pickup service under the city fee schedule. This definition does not include specialty containers.

Q.

THIRD-PARTY COLLECTION SERVICE: means a person who collects solid waste of the kind controlled by the franchise agreement and is not the contractor. This definition does not include a qualifying incidental third-party.

R.

WASTE PROCESSING FACILITY: means any waste disposal site or any public work at which solid waste is compacted, incinerated, or otherwise treated prior to disposal.

S.

WHEELED CART: means a wheeled receptacle, ninety-five (95) gallons in volume, designed for the collection of solid waste or recycled solid waste by means of a vehicle equipped with an automated hydraulic lift.

(Ord. No. 2023-21, § 3, 9-19-2023)

The city council of the city hereby adopts this chapter pursuant to its constitutional and statutory authority set forth in section 8-4-2 of this chapter for the following purposes:

A.

For the benefit of the public health, safety, welfare and aesthetics of the city, its residence and premises owners; and

B.

Exercising the city's authority to establish and maintain a solid waste and recyclable solid waste collection system by franchise providing for the maintenance and operation of that solid and recyclable waste collection system by private persons for all parts of the city; and

C.

Of exercising the city's authority to require the use of standardized containers for the storage and collection of solid waste and recyclable solid waste from all premises and providing for the collection of recyclable materials on a voluntary basis; and

D.

Continuing and improving a safe and sanitary system for the storage, collection and disposal of solid waste and recyclable solid waste; and

E.

Of the prevention of injury and illness to contractor personnel.

(Ord. No. 2023-21, § 3, 9-19-2023)

Solid waste and the recyclable solid waste collection system and service shall be provided by the city by entering into a franchise agreement with a contractor in order to facilitate owners and occupants of premises compliance with the solid waste and recyclable solid waste disposal requirements of this chapter in accordance with the following:

A.

Contractor franchise agreement. A contractor is authorized by the city council to provide solid waste and recyclable solid waste collection services pursuant to a franchise agreement which contains the terms and conditions of this chapter.

B.

Consideration for franchise. As a part of the consideration for entering into a franchise agreement, the contractor shall, for so long as this chapter is in effect, provide without charge, the following additional solid waste and recyclable solid waste collection services:

1.

Garbage and refuse removal at the city's annual "Kuna Days" celebration and additional events as agreed upon by the contractor and city; and

2.

Regular weekly collection services for any city owned or operated facilities; and

3.

A hazardous waste collection program consisting of the operation of a collection site a minimum of twice each year; and

4.

Payment of franchise fees in accordance with the franchise agreement; and

5.

Collection from time to time of large items without additional cost to premises owners only in accordance with section 8-4-12, below.

C.

Transfer of franchise agreement. A franchise agreement shall terminate in the event a controlling interest in the contractor is transferred or conveyed, unless such transfer or conveyance is first approved by resolution of the city council. For purposes of this chapter, the term "controlling interest" shall mean fifty (50) percent or more of the outstanding stock of the contractor.

D.

Indemnification. The contractor shall defend, indemnify and hold the city harmless from and against any and all claims, costs, damages or expenses, including attorney fees, incurred which arise out of or are in any way related to the services performed by the contractor pursuant to the franchise agreement.

E.

Insurance. The contractor shall at all times during the term of a franchise agreement maintain in full force and effect Employer's Liability, Worker's Compensation, Public Liability and Property Damage Insurance and shall maintain at all times which is inclusive of the following types of insurance coverages with no less than the following minimum coverage limits:

1.

Coverage Minimum Worker's Compensation Statutory Employer's Liability: Two million dollars ($2,000,000.00); Bodily Injury Liability one million dollars ($1,000,000.00) each occurrence Except Automobile; two million dollars ($2,000,000.00) aggregate;

2.

Property Damage Liability: One million dollars ($1,000,000.00) each occurrence Except Automobile; two million dollars ($2,000,000.00) aggregate;

3.

Automobile Bodily Injury: One million dollars ($1,000,000.00) each occurrence Liability; two million five hundred thousand dollars ($2,500,000.00) aggregate;

4.

Automobile Property Damage: One million dollars ($1,000,000.00) each accident Liability; and

5.

Excess Umbrella Liability: One million dollars ($1,000,000.00) each occurrence/aggregate.

6.

Each insurance policy shall show the city has an additional interest and certificates of insurance shall be deposited with the city clerk. Contractor shall promptly notify the city in writing if any required insurance policy is cancelled.

F.

Failure to render acceptable performance. During the term a franchise agreement is in effect, should the contractor fail to perform any of the duties imposed upon it by the franchise agreement, unless such failure is caused by circumstances beyond the contractor's control, the city may notify the contractor in writing of such failure, detailing the nature thereof, and the contractor shall correct such failure within 30 days of the mailing or delivery of such notice. Upon expiration of the said 30-day notice period, the city council may conduct a hearing to determine whether the contractor has corrected such failure, provided that the contractor shall be given reasonable notice of the date, time and place of such hearing and further provided that contractor shall be provided a reasonable opportunity to be heard on the matter. If it is established at such hearing that the contractor's failure to perform its duties is a material breach of the contractor's obligations under the franchise agreement, and if it is further established that the contractor has not taken reasonable steps in an attempt to correct such failure by the date of the hearing, the city council may terminate the franchise agreement.

G.

Franchise agreement terms. A franchise agreement shall set forth the term for which the franchise agreement is in force and effect.

(Ord. No. 2023-21, § 3, 9-19-2023)

Subject to the approval of the Kuna City Council, the contractor shall have the right to set its own pick-up schedules for its services as set forth herein.

(Ord. No. 2023-21, § 3, 9-19-2023)

Fees for solid waste and for recyclable solid waste collection services provided pursuant to this chapter shall be in accordance with the following:

A.

Fee amounts. Fees for solid waste and for recyclable solid waste collection services shall be set in the city fee schedule from time to time by resolution of the city council.

B.

Collection. Solid waste and recyclable solid waste collection service fees shall be billed to the owner or occupant of the premises by the city and shall be paid to the city in the same manner as fees for sewer and water service are billed and collected, and fees that become delinquent shall be treated in the same manner and shall be subject to the same penalties and procedures as are provided for delinquent water and sewer bills.

C.

Payment of contractor. The proceeds from the collection of fees for solid waste and recyclable solid waste collection services as herein provided shall be placed in a special fund to be known as the "solid waste fund". The city's contractor, shall be paid out of such fund, weekly or as mutually agreed upon, all the proceeds from the collection of fees for solid waste collection services, less:

1.

Any collection costs incurred by the city (such as attorney fees and court costs) prorated and properly attributable to the collection of fees for solid waste collection services; and

2.

The city billing fee as shall be established from time to time by agreement with the contractor and adopted by resolution of the city council.

(Ord. No. 2023-21, § 3, 9-19-2023)

All persons who own or occupy premises shall use and be provided solid waste collection services as provided by the city's contractor in accordance with the provisions of this chapter.

(Ord. No. 2023-21, § 3, 9-19-2023)

A.

Removal by authorized contractor. Removal, transportation, and disposal of solid waste from all premises within the city shall be completed only by an authorized contractor to whom the franchise agreement to do so has been granted by the city.

1.

It is unlawful for any person other than the authorized contractor to engage in the business of collecting or hauling solid waste or recyclable solid waste in a manner controlled by the franchise agreement within the city.

B.

Exemptions. The following types of material may be collected or hauled, or the following types of services may be provided, by persons who are not the authorized contractor:

1.

Self-hauled materials: This chapter does not prohibit any person themselves (without contracting with a third-party collection service) from hauling solid waste or recyclable solid waste from premises owned or occupied by such person to a waste processing facility ("self-haul").

2.

Incidental services: Nothing in this chapter prohibits the hauling away of solid waste or recyclable solid waste from a premises by an incidental third-party. Where the incidental third-party contracts with a third-party collection service for haul away of specialty containers, the foregoing exemption shall no longer apply. Incidental third-parties providing such services may only haul for their own construction, demolition, or similar projects and must own all roll-off containers and trucks and have them clearly identified with their name and phone number and may not allow use of their equipment by other contractors.

C.

Non-waiver of fees: No exemption herein shall relieve the responsible person of the premises from the obligation to pay the solid waste and recyclable solid waste collection service fees as provided herein.

(Ord. No. 2023-21, § 3, 9-19-2023)

The owner or occupier of premises shall, at all times, keep or cause to be kept approved solid waste standard containers and, except as otherwise provided, to deposit or cause to be deposited all solid waste therein as herein provided:

A.

Standards for standard containers. The city's solid waste contractor shall provide each residential owner or occupant of premises one (1) wheeled cart for the collection of solid waste for a fee as set forth in the city fee schedule. Extra wheeled carts or dumpsters scheduled for regular pickup (e.g., for commercial properties) may be obtained from the contactor for an additional fee as set forth in the city fee schedule.

B.

Use of standard containers. All solid waste must be deposited in contractor supplied standard containers for collection except for special collection services or as otherwise approved by the contractor, and except for solid waste removed from a premises by an incidental third-party or through self-haul. It shall be unlawful for any person to (i) leave solid waste at the curb for collection in any receptacle other than a contractor owned and supplied standard container or (ii) load a standard container beyond its maximum volume, or in a manner which is unstable or likely to cause damage, spill or impact public health or safety. Wheeled cart lids shall be completely closed when left for collection and open freely when emptied. It shall be the duty of every owner or occupant of a premises to maintain the supplied standard containers in a secure condition so as to avoid offensive odors, health hazards and the scattering or spilling of solid waste.

C.

Location. The owner or occupier of premises shall place standard containers for collection of solid waste by the contractor as follows:

1.

In a place accessible to the contractor.

2.

In circumstances of isolated premises or premises where reasonable access cannot be had by the contractor's truck, the standard containers may be placed in such locations as may be agreed upon by the premises owner or occupier and contractor.

3.

Wheeled carts may be placed at the curb side where curbs exist or road side where curbs to not exist.

4.

In alleys adjacent to the premises where the premises is adjacent to an alley and access is approved by the contractor, no later than seven o'clock (7:00) a.m. on the contractor's regularly scheduled collection day, but no sooner than the evening prior to collection.

5.

Placement shall otherwise be accessible to contractor solid waste collection personnel and free from obstructions including, but not limited to, trees, shrubbery, fences, vehicles, and walls. The contractor is not required to pass through any doors or gates, cross flowerbeds or lawns, go through hedges, or place themselves in any situation which could jeopardize their health or safety.

6.

Owners and occupants of premises having curbside service must retrieve empty wheeled carts within twenty-four (24) hours of being serviced.

7.

Standard collection service dumpsters shall be placed in a designated dumpster enclosure(s).

D.

Notice of non-collection. When the contractor encounters solid waste which has not been placed in a contractor supplied wheeled cart or has otherwise been left for collection in violation of the requirements of this section, the contractor shall collect the solid waste that has been left in compliance with the requirements of this section and leave any other solid waste with a written notice affixed to the uncollected solid waste stating a brief description of the reason for non-collection.

(Ord. No. 2023-21, § 3, 9-19-2023)

Recyclable solid waste collection service is provided by the contractor to those premises for which the owner or occupant thereof has elected to receive such service, on a voluntary subscription basis in accordance with the following:

A.

Recycling containers. The contractor shall provide each such subscribing owner or occupant one (1) contractor-owned container for deposit of co-mingled recyclable solid waste (a "wheeled recycling cart") for a fee as set forth in the city fee schedule. Extra wheeled recycling carts may be obtained from the contactor for an additional fee as set forth in the city fee schedule.

B.

Use of wheeled recycling carts. All recyclable solid waste must be deposited in the contractor supplied wheeled recycling carts for collection except for special collection services approved by the contractor.

C.

It shall be unlawful for any person to place recyclable solid waste for collection:

1.

In any receptacle other than a contractor owned and supplied wheeled recycling cart.

2.

By overloading a wheeled recycling cart beyond its maximum volume of ninety-five (95) gallons or weight capacity of three hundred thirty (330) pounds.

3.

In a manner which is unstable or likely to cause damage, spill or impact public health or safety.

4.

In a manner where the wheeled recycling cart lid is not completely closed.

D.

Only recyclable solid waste, that the contractor has identified by written notice delivered from time to time to the owner or occupant of premises who have elected to receive recyclable solid waste collection service, shall be placed in the wheeled recycling cart for collection.

E.

It is the duty of every subscribing owner or occupant to maintain the supplied wheeled recycling carts in a secure condition so as to avoid offensive odors, health hazards and the scattering or spilling of recyclable solid waste.

F.

Location. All wheeled recycling carts shall be placed for collection and then retrieved after collection in accordance with the provisions of section 8-4-10(C) of this chapter.

G.

Notice of non-collection. When the contractor encounters recycle solid waste which has not been placed in a contractor supplied wheeled cart or a wheeled recycling cart or has otherwise been left for collection in violation of the requirements of this section, the contractor shall collect the recyclable solid waste that has been left in compliance with the requirements of this section and leave any other recyclable solid waste with a written notice affixed to the uncollected recyclable solid waste stating a brief description of the reason for non-collection.

(Ord. No. 2023-21, § 3, 9-19-2023)

The contractor is authorized to approve and provide special collection services for a fee as set forth in section 8-4-7 herein:

A.

Specialty container. Unless otherwise agreed to in writing by contractor, it shall not be the responsibility or obligation, financial or otherwise, of contractor to procure, acquire, replace, repair, or make available specialty containers. Specialty containers shall only include those offered on the city fee schedule.

B.

Location and collection time. The location and time to collect large items and specialty containers shall be on a case-by-case basis as directed and approved by contractor and arranged by the premises owner.

C.

Large item collection. Collection of large items requires advance arrangements to be made by a premises owner directly with contractor, which pick-up shall require payment of a fee to be paid in accordance the city fee schedule. Such large items must be placed curb side in order for contractor to collect such large items. In addition, the contractor shall provide the following large item collection events at which collection of specified large items shall occur free of charge: (i) Christmas tree collection (annually in early January); (ii) large items set out in connection with the annual "Kuna Clean Up" event (limitations to be identified from time to time by contractor); and (iii) fall leaf collection (annually in late October or early November). The specific timeframe and conditions for such free pickup events shall be provided to the city by the contractor on an annual basis.

D.

Notice of non-collection. When the contractor encounters solid waste or recyclable solid waste that is not a qualifying large item or which has not been placed in a contractor approved specialty container or has otherwise been left for collection in violation of the requirements of this section, the contractor shall collect the solid waste, recyclable solid waste, or qualifying large items that have been left in compliance with the requirements of this section and leave any other with a written notice affixed to the uncollected solid waste, recyclable solid waste, or non-qualifying large items stating a brief description of the reason for non-collection.

E.

Custom specialty collection services. In the event a premises owner requires significant specialty collection services (e.g., significant industrial operators or build sites), the contractor may contract for specialty collection services on commercially reasonable terms, in which event the city shall be provided the standard franchise percentage as identified from time to time on the franchise schedule.

F.

City fee. The city shall be paid a portion of all amounts received for specialty collection service in the amounts set forth on the city fee schedule. In the event of custom specialty collection services or collection services that occur in connection with a premises for which the city has not previously set up utility billing, the contractor shall collect such charges and remit the city's portion of such payments on a monthly basis, with detailed records accompanying such remittances. The city has the right to audit contractor records to ensure compliance with the foregoing.

(Ord. No. 2023-21, § 3, 9-19-2023)

It is unlawful for any person to deposit or relinquish for collection by the contractor:

A.

Any solid waste that has the following general characteristics:

1.

Extreme temperatures;

2.

Harmful vapors;

3.

The presence of corrosive, flammable, explosive or toxic chemicals;

4.

Any materials with physical or other properties which render collection operations hazardous; or

5.

Any materials which create a risk to the environment or public health and safety;

6.

Liquid waste, both bulk and contained;

7.

Tires;

8.

Any material regulated by the state of Idaho or by the United States Environmental Protection Agency as hazardous waste;

9.

Any equipment or machines containing refrigerants;

10.

Infectious waste generated from business sources such as hospitals, clinics, medical, surgical, dental, nursing homes, veterinarian offices, and laboratories unless such wastes are sterilized, packaged, or otherwise processed so that they may be collected without hazard to collection personnel and the general public; and

11.

Dead animal remains.

(Ord. No. 2023-21, § 3, 9-19-2023)

It is unlawful and a violation of this chapter:

A.

For any person, except for the owner or occupant of the premises, to place or deposit any materials in or around a standard container or specialty container provided for the use of the premises.

B.

For any person to place solid waste in or around a standard container or specialty container at a premise that is not generated at such premises.

(Ord. No. 2023-21, § 3, 9-19-2023)

Subsequent to the effective date of this chapter, should any land be annexed into the City of Kuna, or otherwise be added to or included with the city limits of the city, such additional land shall be governed by the provisions of this chapter.

(Ord. No. 2023-21, § 3, 9-19-2023)

A.

Improper disposal solid waste or recyclable solid waste prohibited. It shall be unlawful for any owner or occupier of the premises to place or accumulate, or to permit others to place or accumulate, solid waste, recyclable solid waste, or large item(s) on the premises, or on any public or private lot, yard, street, alley, sidewalk, or otherwise nearby or adjacent to the premises, or upon the premises of another person. This section 8-4-16 applies regardless of whether or not the solid waste, recyclable solid waste, or large item(s) is in a standard container (e.g., wheeled cart) or specialty container. The owner and occupier of the premises shall be responsible for the disposal of all such solid waste and recyclable solid waste.

B.

Violation, notice. Any person found to be violating any provision of this section shall be served by the city by written notice stating the nature of the violation and providing a specified maximum period of time not to exceed five (5) days for the satisfactory correction thereof. If the violation is not corrected within five (5) days of receiving this notice, the person may be charged with a violation of this chapter.

C.

Violation, penalty: A violation of this subsection shall be punishable by an administrative citation. However, after a responsible party receives an administrative citation charging a third or subsequent offense, the city may pursue a misdemeanor charge against the responsible party for repeated or on-going violations thereafter.

(Ord. No. 2023-21, § 3, 9-19-2023; Ord. No. 2024-18, § 9, 7-2-2024)

The violation of any of the provisions of this chapter or the rules and regulations adopted hereunder unless otherwise specifically provided in this chapter shall be punishable as provided in title 1, chapter 4 of Kuna City Code. The code enforcement division of the City and such other persons as may be appointed by the Mayor and city council by resolution shall be responsible for the enforcement of the provisions of this chapter and other duties as the city council may prescribe. Prior to enforcement by the city against any third-party collection service operating in violation of this chapter, the contractor shall be required to contact such third-party collection service in writing, providing notice of the requirements of this chapter. In the event such third-party collection service fails to adhere to the requirements of this chapter, the matter shall be referred to the city for further action in accordance with title 1, chapter 4 of Kuna City Code.

(Ord. No. 2023-21, § 3, 9-19-2023)

SECTION:

The following definitions shall apply in this chapter:

(Ord. 730, 12-6-2005, eff. 1-1-2006)

A.

It shall be unlawful within the incorporated limits of the city for any retailer or employee thereof to knowingly sell, transfer, or to otherwise furnish in a single transaction more than three (3) packages of any product that he or she knows to contain more than a total weight of nine grams (9 g) of methamphetamine precursor drugs.

B.

The limits established in this section shall not apply to any quantity of methamphetamine precursor drugs dispensed pursuant to a valid prescription.

(Ord. 730, 12-6-2005, eff. 1-1-2006)

A business establishment that offers for sale methamphetamine precursor drugs shall ensure that all packages of the drugs are displayed and offered for sale only:

A.

Behind a checkout counter where the public is not permitted; or

B.

Inside a locked display case; and

C.

All sales shall be conducted with an employee of the retailer and cannot be conducted by a self-service system.

(Ord. 730, 12-6-2005, eff. 1-1-2006)

Any person or entity violating the provisions of this chapter is guilty of a misdemeanor, the penalty for which shall be a fine not to exceed three hundred dollars ($300.00) or imprisonment not to exceed six (6) months, or both.

(Ord. 730, 12-6-2005, eff. 1-1-2006)