TITLE 3 - HEALTH AND SANITATION
This chapter is enacted pursuant to the authority conferred by Idaho constitution article 12, section 2, and Idaho Code sections 50-301, 50-302 and 50-334. Its purpose is to provide for and further the health, safety and welfare of the public by providing a procedure for abating public nuisances which can create traffic safety hazards, fire hazards, health hazards, including those caused by rodent infestation, and other problems which may have a harmful effect upon the health, safety and welfare of the public.
(Ord. 9, 6-2-1998)
For purposes of this chapter, the following definitions shall apply; and any words or phrases not defined in this section should be given their ordinary, commonly understood and accepted meanings:
PUBLIC NUISANCE: A condition or use of property which is harmful or injurious to, or creates a danger of harm or injury to, the health, safety or welfare of members of the public. The term "public nuisance" is further defined so as to include, by way of example:
A.
A condition or use of premises or property which creates a fire hazard or any traffic or safety hazard to members of the public.
B.
A condition or use of premises or property which allows the growth of weeds, grasses, bushes or other plant life to such a size (over 1 foot in height) and, in such condition as to cause, or reasonably threaten to cause, a fire hazard because of their dried and unkempt conditions, or a safety hazard because they obstruct sight at intersections or other points at which driveways, lanes or highways come together, or a health hazard because they provide nesting areas for rodents, vermin and/or insects, or the growth of weeds to such a size or in such condition as to interfere with the free and comfortable use of adjacent and neighboring premises and property. "Weeds" are defined as undesirable and nonuseful plant growth, but shall not include noxious weeds as defined in Idaho Code section 22-2402(12).
C.
A condition of snow or ice on any public sidewalk, including private driveway access, abutting or adjoining any privately owned premises.
(Ord. 9, 6-2-1998; amd. 2006 Code; Ord. No. 413-2025 § 1, 2-18-2025)
It is unlawful for any person to create, cause, maintain or knowingly allow to exist a public nuisance on any premises or real property which the person owns, rents, leases, occupies or has charge or possession of in the city.
(Ord. 9, 6-2-1998)
Property owners and/or occupants shall keep sidewalks adjacent to their property reasonably free of snow and ice.
(Ord. 24, 5-3-1999; Ord. No. 413-2025 § 1, 2-18-2025)
A.
Council Action; Civil Abatement; Costs Assessed to Owner: Any nuisance issue referred to the city council by the zoning administrator shall be determined by the city council at a regular or special meeting following a public hearing held upon at least fourteen (14) days' written notice to the owner, occupant or person in charge of the premises or property on which the alleged nuisance is located. The notice shall advise said owner, occupant or person in charge of the property of the facts constituting the alleged nuisance and of the date, approximate time and place of the city council meeting at which the matter will be heard. If, following such notice and hearing, the city council decides that a nuisance exists, and the owner, occupant or person in charge or possession of the premises or property on which the nuisance exists does not abate the nuisance within the time allowed, the city council shall then decide whether to pursue civil abatement and/or misdemeanor proceedings. If the city council decides upon civil abatement, it shall direct the city attorney to initiate and prosecute abatement proceedings in the appropriate court. The expenses of abatement and abatement proceedings, including all investigative costs, shall be charged to the owner, occupant or person in charge or possession of the premises or property upon which the nuisance exists. The city attorney shall seek recovery of those expenses in the civil proceeding.
B.
Misdemeanor Proceedings: If the city council decides that misdemeanor proceedings are appropriate, it shall request the city attorney to initiate such proceedings. The city council may decide that both civil and misdemeanor proceedings are appropriate.
(Ord. 24, 5-3-1999)
It is unlawful and shall be a misdemeanor to interfere with any Ada County sheriff's deputy, Ada County health protection officer or authorized official of the city, in the performance of their duties connected with the enforcement of this chapter. Such interference shall include, but not be limited to, removal of notices posted on the property pursuant to this chapter prior to the notices having been left in place for one hundred twenty (120) days.
(Ord. 9, 6-2-1998)
A violation of the provisions of this chapter shall be a misdemeanor and shall be punished as provided in subsection 1-4-1A of this code. A separate offense shall be committed for each day that a nuisance is maintained, kept or allowed to exist.
(Ord. 9, 6-2-1998; amd. 2006 Code)
It shall be the purpose of this chapter to prevent and regulate sound generated by loud amplification devices, animals or humans wherever it is deemed to be harmful to the health, safety, welfare, or quality of life of the residents of the city.
(Ord. 195, 1-8-2009)
COMMON AREA(S): The area(s) of a facility, complex, apartment unit, hotel, motel or the like that are open either to the general public or persons with the permission of the owner or agent of the owner of the area. This definition would include, but not be limited to, the following: swimming pools, restaurants, patios, hot tubs, saunas, laundry rooms, meeting rooms, lobbies, lounges, bars and other areas within the facility that are either constructed or designed for use in this manner.
CONTINOUS NOISE: Any noise that last for thirty (30) minutes or longer.
EMERGENCY: Any occurrence or set of circumstances involving actual or imminent physical trauma or property damage demanding immediate attention.
PERSON: Any individual, association, organization, or entity having a legally recognized existence, whether public or private.
PLACE OF RESIDENCE: Any building or portion thereof adapted or used and intended for the overnight accommodation of persons. In the event the building is used for multiple individual units (i.e., apartment, condominium, hotel, motel, duplex, triplex, etc.), each individual unit shall be considered a separate residence for the purposes of this chapter.
PLAINLY AUDIBLE: Any sound that can be detected by a person using his or her unaided hearing faculties.
(Ord. 195, 1-8-2009; Amended by Ord. 405-2024 on 6/18/2024)
Other than the specific noises enumerated in section 3-2-4 of this chapter, between the hours of ten o'clock (10:00) P.M. and seven o'clock (7:00) A.M., it shall be unlawful for any person or business to make or cause loud or offensive noise by means of voice, musical instrument, horn, radio, loudspeaker, automobile, machinery, other sound amplifying equipment, or any other means which disturbs the peace, quiet, and comfort of any reasonable person of in the area. Loud or offensive noise is a noise that which is plainly audible within any residence, other than the source of the sound, or upon a public right-of-way or street at a distance of one hundred feet (100') or more from the source of such sound.
(Ord. 195, 1-8-2009; Amended by Ord. 405-2024 on 6/18/2024)
The following list shall be declared to create unreasonable and excessive noise, and shall be deemed a violation of this chapter, but such enumeration shall not be deemed exclusive. Unless otherwise provided for, the following list shall be deemed a violation of this chapter at all hours of the day or night:
A.
Animals: The keeping of any animal, bird, or fowl, which emanates frequent, excessive, and extended noise which shall unreasonably disturb the quiet, comfort or repose of any person in the vicinity, such as allowing or permitting any dog to bark for thirty (30) minutes repeatedly in an area where such barking can be clearly heard from nearby residential property 1 .
B.
Automobiles: It shall be unlawful for any person to operate, or permit the operation of, any loud amplification device upon or within a motor vehicle in such a manner that the sound therefrom is plainly audible upon a public right-of-way or street at a distance of fifty feet (50') or more from the source of the sound.
C.
Construction: The erection, excavation, demolition, alteration or repair of any building or structure other than between the hours of seven o'clock (7:00) A.M. and ten o'clock (10:00) P.M. daily, except in the case of urgent necessity in the interest of public health or safety. Failure to comply with these requirements may result in a stop work order.
D.
Engine Compression Brakes: The use of engine compression brakes or like equipment or exhaust brakes by vehicles or trucks, as defined in Idaho Code title 49, chapter 1, within the incorporated city limits of the city of Star, is hereby prohibited, except under emergency circumstances where the use of engine compression brakes or exhaust brakes are necessary to prevent an accident or injury to persons or property.
E.
Exhaust: The discharge into open air of the exhaust of any steam or internal combustion engine, whether movable or stationary, except through a muffler or other device which will effectively and efficiently prevent the emission of excessive and unreasonable noises therefrom.
F.
Horns: The sounding of any horn or signal device on any automobile, motorcycle, bus, or other vehicle, except as a danger signal in conformity with state law.
G.
Motor Vehicle Mechanic Work: The demolition, repair, or alteration of a motor vehicle or part thereof in connection with which there is produced any frequent, excessive, and unreasonable noise disturbing the nearby residential property.
H.
Noisy Equipment: The operation, other than between the hours of seven o'clock (7:00) A.M. and ten o'clock (10:00) P.M. daily (except in the case of urgent necessity in the interest of public health or safety), of any pile driver, pneumatic hammer, derrick, pneumatic or electric hoist, or other appliance, or truck, loader, excavator or similar construction equipment, the use of which is attended by loud or unusual or continuous noise. "Operation" shall include the initial startup of any engine of any such equipment.
I.
Obstacle Courses or Racetracks: The operation of any racetrack, proving ground, testing area or obstacle course for motor vehicles, motorcycles, boats, racers, automobiles or vehicles of any kind or nature in any area of the city where the noise emanating therefrom would be unreasonably disturbing and upsetting to other persons in the vicinity. Under no circumstances shall any racetrack, proving ground, testing area or obstacle course operate before seven o'clock (7:00) A.M. and after ten o'clock (10:00) P.M. daily.
J.
Outdoor Loudspeakers or Amplified Sounds: The outdoor use of a mechanical loudspeaker, calliope, mechanically operated piano, organ, musical instrument, drum or other sound amplification or broadcasting equipment, whether stationary or mobile, emitting sound capable of being heard under the circumstances then existing, within one hundred feet (100') of a private home, apartment, hotel, other place of residence, or business before the hour of seven o'clock (7:00) A.M. and after ten o'clock (10:00) P.M. daily.
K.
Public Noise: The creation of any excessive and unreasonable noise in a public place adjacent to a church, school, cemetery, court of law, or other public building which, by its nature, is reasonably calculated to disrupt, interfere with, or disturb the proceedings conducted therein.
L.
Radios: The playing of any radio, phonograph, musical instrument, or similar device in such manner or with such volume as to disturb the peace, quiet, comfort or repose of any citizen. Failure to comply with these requirements may result in a stop work order.
M.
Repetitive Motor Vehicle Sounds: The creation of frequent, repetitive, excessive, or continuous sounds in connection with the starting, operation, repair, rebuilding, or testing of any motor vehicle, motorcycle, off highway vehicle, or internal combustion engine within a residential district, so as to unreasonably disturb the peace, quiet, and comfort of any reasonable person of normal sensitiveness residing in the area.
(Ord. 195, 1-8-2009; Ord. 255, 4-19-2016; Amended by Ord. 405-2024 on 6/18/2024)
1 Cross reference—See also section 4-4-15 of this code.
The following noises are exempt from the provisions of this chapter:
A.
Activities: Sounds from schools, religious, or publicly owned property or facilities, provided, that such activity has been authorized by the owner of such property or facility, or its agent.
B.
Agricultural Equipment: Any agricultural vehicles or equipment used in agricultural activities, not limited to planting, cultivating, irrigation or harvesting crops.
C.
Airplanes: Airplanes and other FAA regulated aircraft.
D.
Conditional Uses or Permitted Uses: Sounds caused by devices approved for use within the confines of the particular zoning district that the device is located (i.e., drive-through window speakers, car lot public address systems, etc.).
E.
Emergency Vehicles: Any police, ambulance, fire or emergency vehicle while engaged in necessary emergency activities.
F.
Parades, Fireworks, Fairs: Any sounds caused by parades, fireworks, fairs or any other event for which a permit for that type of activity is required, and has been obtained from the authorized government entity, within such hours as may be imposed as a condition for issuance of said permit.
G.
Safety Warnings; Burglar Alarms: Any sounds from safety warning devices required by law or alarms providing security.
H.
Sound from Devices in Multi-Unit Facility: Sounds emanating from devices used within the common areas of a multi-unit facility whose use has been approved by the owners or management of the facility. Said use must be in compliance with any regulations imposed by the owners or management of the facility to be exempt under this chapter. This exemption only applies in relation to other units within the same facility.
I.
Water Pumps: Any noise generated from pumps being used during construction for the removal of surface or ground water.
(Ord. 195, 1-8-2009)
A.
Peace Officer Citation: Any peace officer or person empowered to enforce the provisions of this chapter is authorized to issue a uniform citation upon his own observation of a violation without the necessity of a citizen complainant's signature on said citation. By signing the citation the officer or person is certifying that he has reasonable grounds to believe that the person cited committed the offense contrary to law.
B.
Citizen Citation: A uniform citation may also be signed by any citizen or person in whose presence an alleged violation of this chapter occurred and be witnessed by a peace officer or person empowered to enforce this provision of this chapter whose name shall be endorsed on the citation.
(Ord. 195, 1-8-2009)
Any person who shall violate any of the terms or provisions of this chapter shall be guilty of an infraction and shall be punishable by a fine of one hundred dollars ($100.00), excluding court costs and fees. 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. Any person who shall be found guilty of a second or subsequent violation of any provisions of this chapter within a five (5) year time period shall be guilty of a misdemeanor and shall be punishable by a fine not to exceed three hundred dollars ($300.00) and/or jail for a period not to exceed one hundred eighty (180) days or both such fine and jail.
(Ord. 195, 1-8-2009)
Burn permits are no longer required for residents of the city of Star. Open burning is allowed only if the air quality index (AQI) is below sixty (60). To determine the AQI, you must contact the department of environmental quality or review the AQI on their internet page.
(Ord. 208, 6-2-2010)
The following conditions must be met prior to burning:
A.
Burning hours are from eight o'clock (8:00) A.M. to sunset.
B.
You or a competent representative shall be in constant attendance until all fire is extinguished.
C.
No burning shall take place on days when adverse weather conditions create a hazard.
D.
You shall have available equipment such as sacks, buckets, shovels, pitch forks, garden hoses and water supply.
E.
Notification of your neighbors is suggested.
(Ord. 208, 6-2-2010)
The following is a list of items that are not legal to burn at any time:
Animal waste.
Asphalt materials.
Burn barrels.
Commercial or industrial waste.
Construction waste.
Dead animals.
Demolition/salvage debris.
Garbage or residential waste.
Grass clippings.
Hazardous materials.
Insulated wire.
Junk motor vehicles.
Oil or grease.
Paints.
Pathogenic waste.
Petroleum products.
Plastics.
Preservative treated wood.
Railroad ties.
Rubber materials.
Tar or tar paper.
Telephone poles.
Tires.
(Ord. 208, 6-2-2010)
The following items are legal to burn if the AQI is below sixty (60):
Field burning where there is no alternative farming practice that provides equivalent benefits; however, a special permit may be required for this type of burning.
Garden and tree trimmings with branches no larger than a half inch in diameter.
Irrigation ditches and fence rows.
Small piles of dry leaves where no leaf pick up service is available.
Weeds for control to alleviate a fire hazard when no alternative control method exists.
(Ord. 208, 6-2-2010)
The following conditions shall apply to all legal burn requirements:
A.
Only one fire in a single location may be burning at any one time.
B.
No open burning is permitted within fifty feet (50') of any structure or combustible material and adequate provision is made to prevent fire from spreading to within forty feet (40') of any structure.
C.
The size of any piles for burning shall be limited to ten (10) cubic yards.
D.
All open fires shall be constantly attended by a competent adult until such fire is completely extinguished. Fire extinguishing equipment shall be readily available for use. A hose with water is the preferred fire extinguishing equipment; if not available, appropriate fire extinguishers, shovels, rakes, hoes or other appropriate tools may be used.
E.
No fires shall be allowed to burn or smolder overnight.
F.
No person shall kindle a fire upon the land of another without permission of the owner thereof or his agent.
(Ord. 208, 6-2-2010)
Any person found in violation of any provision of this chapter shall be found guilty of an infraction. An infraction shall be punishable by civil penalty of not more than one hundred dollars ($100.00), court costs and fees. 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.
(Ord. 208, 6-2-2010)
(Rep. by Ord.317, 11-9-2020)