Lewiston City Codes Flashcards
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.
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.
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.
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.
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.
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
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.
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.
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.
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)
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.
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.
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.
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.
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.