NOTICE OF ADOPTION AND PUBLICATION. As authorized by law, including but not limited to Idaho Code section 31-715 et seq., the Board of County Commissioners of Clearwater County, Idaho, hereby provides notice of its adoption of Clearwater County Ordinance No. 49, adopted the 26th day of October, 2020, and effective on the 9th day of November, 2020. The text of the Ordinance follows:

CLEARWATER COUNTY, IDAHO

ORDINANCE NO. 49

RESTRICTIONS ON CAMPING AND PLACEMENT OF PROPERTY IN THE COUNTY RIGHT-OF-WAY, RESTRICTIONS ON USE AND OBSTRUCTION OF THE COUNTY RIGHT-OF-WAY, DEFINITION OF RIGHT­OF-WAY, AUTHORITY TO REMOVE PERSONS AND ITEMS, CRIMINAL PENALTIES, PROCESS FOR RETURN OF PROPERTY, FEES, AND RELATED MATTERS.

Be it ordained by the Board of County Commissioners of Clearwater County, Idaho, that this Ordinance shall take full force and effect fourteen (14) days after the date of adoption set forth below.

A. FINDINGS AND PURPOSE

The Clearwater County Board of County Commissioners ("Board") hereby finds: People camping, placing or leaving property, and/or otherwise obstructing or occupying County Rights-of-Way creates public health and safety hazards including but not limited to: i) lack of proper and/or sanitary facilities for such activities, which leads to urination, defecation, litter, and other hazards in and on County Rights-of-Way; ii) interference with visibility for vehicles operating on the roadway; iii) interference with emergency vehicles other vehicles parking under emergency circumstances; iv) distraction of drivers and other obstructions or hazards related to the use of public roadways; and v) the lack of an address or other established location indicator for such locations to foster safe and effective deployment of emergency services personnel responding to calls which may arise related to unauthorized Campsites in the County Rights-of-Way.

The Board further finds that such activities have the potential to interfere with the orderly and effective management of County Rights-of-Way and the conduct of necessary County activities, including interference with planning for maintenance, and the reasonably anticipated use of the County Rights-of-Way incident to the County's maintenance and improvement of roadways and related structures. The Board further finds that such activities encourage similar activities by others who may observe such activities, thus compounding the health and safety hazards and interference with County functions.

The Board acknowledges that it has authority to pass ordinances necessary for carrying into effect or discharging the powers and duties conferred by the laws of the state of Idaho, and such as are necessary or proper to provide for the safety, promote the health and prosperity, improve the morals, peace and good order, comfort and convenience of the county and the inhabitants thereof, and for the protection of property therein, pursuant to Idaho law, including but not limited to Idaho Code§ 31-714 and Article XII Section 2 of the Idaho Constitution.

The purposes of this ordinance include but are not limited to: preventing harm to the health or safety of the public; promoting the public health, safety, and general welfare by making County Rights­of-Way readily accessible to the public for authorized use and to the County for its use; and to prevent use of the public property for camping purposes or storage of personal property, which interferes with the rights of others and/or the orderly administration and maintenance of such areas by the County.

B. DEFINITIONS. Unless the context specifically requires otherwise, as used in this Section, the following words and phrases mean:

1. To Camp means to set up a Campsite, or to remain in or at a Campsite, for the purpose of establishing or maintaining a temporary place to live, or to place, leave, or cause or suffer to remain any Camp Paraphernalia.

2. Camp Paraphernalia means all personal property or items reasonably and ordinarily associated with camping, including but not limited to, recreational vehicles, campers, camp trailers, tent trailers, conversion vans, other vehicles customarily used for shelter, tents, tarpaulins, cots, beds, sleeping bags, blankets, mattresses, hammocks, cooking utensils and facilities, or similar items.

3. Campsite means any place where there is a tent, or any structure or assembly of materials consisting of a top or roof or any other upper covering and enclosed on one or more sides, that is of sufficient size for a person to fit underneath or inside, or a location where Camp Paraphernalia is used or placed for intended or potential use.

4. County Right-of-Way means: i) Highways, County Highway Systems, County Secondary Highways; ii) any road or way which is maintained by the County for the purpose of vehicular traffic; iii) any other way or place which is used or intended to be used by and for the benefit of the public for vehicular traffic other than those within the boundary and jurisdiction of any incorporated city, highway district, or other government agency; iv) all adjacent rights of way, land, fixtures, improvements, and material reasonably used or anticipated to be used by the County, or dedicated to the County for use as a right of way, related to the items identified in items i)-iii)and ii) above.

5. "Highways," "County Highway System," and "County Secondary Highways" have the respective meanings as defined in Idaho Code sections 40-104 and 40-109.

C. CAMPING PROHIBITED.

1. It is unlawful for any person To Camp or to create or maintain a Campsite in or upon any County Right-of-Way.

Exceptions. It shall not be a violation of subsection C.1. To Camp or create and maintain a Campsite in the following circumstances:

a. By a directive of the Board exempting a special event from compliance with this section, upon such terms, conditions, and restrictions as the Board may require.

b. By declaration and authorization of the County's Emergency Management Coordinator or his/her designee in emergency circumstances, not to exceed 14 days without Board approval.

c. By or at the direction of the Clearwater County Sheriff's office in the performance of activities of the Sheriff's Department, Search and Rescue, or similar activities.

2. Removal of persons and property.

a. Violation of this section C constitutes a trespass and nuisance.

b. A law enforcement officer may evict and remove any person Camping in violation of this section C, and may instruct such person to remove all Camp Paraphernalia and other items found in association with such person in the County Right-of-Way; in so doing, the law enforcement officer shall notify such persons that any items left 24 hours thereafter will be removed and destroyed. Such person shall immediately remove themselves and all property capable of reasonably being so removed. Such person shall, within 24 hours, remove all other items of property which they were not reasonably capable of immediately removing. If any items are not removed within 24 hours, any law enforcement officer may immediately thereafter remove such items or request other County employees be assigned by their supervisor to remove such items. After removal, such items shall be handled by the Sheriff as set forth in section F, below.

c. If Camp Paraphernalia or other items are left unattended in the County Right-of-Way and either directly obstruct the use of the roadway or pose any other immediate hazard, any law enforcement officer may immediately thereafter remove such items or request other County employees be assigned by their supervisor to remove such items. After removal, such items shall be handled by the Sheriff as set forth in section F, below.

d. If Camp Paraphernalia and related items are left unattended in the County Right-of-­Way, any law enforcement officer or any employee of the County may post a notice of removal at or near the site, in a location reasonably visible and likely to provide notice to the owner of the impending removal of such items. If, within 24 hours after posting of such notice, all items of property are not removed from County Rights-of-Way, then any law enforcement officer may remove such items or request other County employees be assigned to remove such items. After removal, such items shall be handled by the Sheriff as set forth in section F, below.

The notice referenced above shall identify the date and time it was posted, state that the items on the Right-of-Way are in violation of this ordinance and will be removed by the County if not otherwise removed by their owners within 24 hours, state that the property may be recovered by the owner within 30 days after payment of expenses or be disposed of by the County, and provide the telephone number and name of the department for which the posting person works.

3. Criminal Enforcement.

a. Any person who violates subsection C.l., and after having been instructed by a law enforcement officer to vacate themselves and personal property from the County Right-of­Way,

(1) fails to immediately remove themselves and all personal property capable of reasonably being so removed by the person, such person shall be guilty of a public offense hereby declared to be a misdemeanor.

(2) within 24 hours after such instruction by a law enforcement officer, fails to remove all other items of property which were not reasonably capable of removal in the officer's presence, such person shall be guilty of a public offense hereby declared to be a misdemeanor.

b. If any person, after vacating their person and/or removing property after any notice as set forth in any part of this subsection C, thereafter initiates, resumes, or repeats a violation of this ordinance at the same or any other location in a County Right-of-Way, such person shall immediately and without notice be guilty of a separate public offense hereby declared to be a misdemeanor.

c. Penalty: The misdemeanor penalty for violations of this Section C shall be imprisonment in a county jail not exceeding six (6) months, or by a fine not exceeding one thousand dollars ($1,000) or both, or such other penalty as may be set forth for misdemeanors pursuant to Idaho Code sections 31-714 or 18-113 and any amendments thereto.

D. ITEMS PROHIBITED.

1. It is unlawful to place, leave, cause or suffer to remain, or abandon any items or personal property in or on the County Right-of-Way.

Exceptions. It shall not be a violation of subsection D.1. to place and use items in the following circumstances:

a. By authorized individuals in the furtherance of County business.

b. Abandoned, parked, or disabled vehicles that are regulated by, and which shall be handled pursuant to, Idaho law regarding such vehicles including but not limited to Idaho Code Sections 49-1801 et seq.

c. When specifically authorized by another ordinance of the County.

d. For the purposes of and for the duration of an event conducted by the Sheriffs Department, the County or other Governmental agency.

2. If any item is left unattended in the County Right-of-Way in violation of section D.1., does not appear reasonably connected to a Campsite, and reasonably appears to be abandoned with the location of the owner unknown, any law enforcement officer or any employee of the County may immediately remove such items and dispose of them without further notice.

E. OBSTRUCTION OF DUTIES PROHIBITED:

1. It is unlawful for a person to threaten, harass, or otherwise impair, interfere with, or obstruct any County official or other authorized person in the performance of their duties related to the County's use and maintenance of the County Rights-of-Way, or their duties related to investigation or enforcement of activities under this Ordinance.

2. Violation of section E.l. is hereby declared to be a misdemeanor. The penalty shall be imprisonment in a county jail not exceeding six {6} months, or by a fine not exceeding one thousand dollars ($1,000) or both, or such other penalty as may be set forth for misdemeanors pursuant to Idaho Code sections 31-714 or 18-113 and any amendments thereto.

F. DISPOSITION OF PERSONAL PROPERTY.

1. Except as otherwise provided in section D.2. above, in the event the County or any law enforcement officer shall remove property from the County Right-of-Way pursuant to any provision of this Ordinance, the Sheriff shall retain the property for a period of 30 days, unless retention of items is impractical or unsafe due to hazards, spoliation, or similar issues with storage, in which case the Sheriff may immediately dispose of such property. For any retained property, the Sheriff shall retain and protect it in a reasonable manner.

2. The alleged owner of such property identified in section F.1. may petition the Board for return of the property, by filing a written petition with the Board in reasonable format, reasonably describing the property and location from which it was obtained, providing receipts or statements in support of ownership, and identifying a functioning address, phone number, and/or email address at which notice to the alleged owner may be provided. Within 10 (ten) business days after filing of the petition, the Board shall either grant the petition as requested, or shall set a date and time to hear the petition pursuant to reasonable procedures providing due process for the alleged owner, including but not limited to notice and opportunity to be heard at the hearing. The Board shall presume the alleged owner is the actual owner of the property if such person can reasonably describe the property and the location from which it was obtained. The Board shall direct return of the property to such person upon such showing, and upon payment for costs as specified below. The Board's or Sheriff's return of such property to the alleged owner does not constitute a finding that the alleged owner's rights are superior to that of any other alleged owner, and the County shall have no liability or responsibility with respect to such property due to the County's act of returning or releasing it to an alleged owner under this ordinance. Any other alleged owner may appear and be heard at the hearing on the petition, and if multiple owners appear and make claims, the County may elect to interplead the matter in the appropriate court or take other reasonable action placing the responsibility of determining ownership upon the competing alleged owners, without any liability on the party of the County.

3. If no such owner petitions the Board within 30 days of the property coming into the County's possession, the Sheriff or the County shall dispose of the property in any manner it deems fit, including but not limited to reasonable sale or auction to recover costs. This 30-day period shall be extended for a number of days equivalent to the period of time between any petition for return of property and the Board's final decision whether to direct return of the property.

4. The Sheriff and/or the Board may require payment of the following prior to any return of removed property under this ordinance: costs for removal of the property from the County Right-of-Way, storage and maintenance costs, costs of any damage caused to the County or to the property of third parties for which the county has paid due to the nature of the property or to its placement on the County Right-of-Way, and any transport or similar costs associated with return of the property. The proportionate share of such costs shall be waived for the period of time between any petition for return of property and the Board's final decision whether to direct return of the property.

G. Violation of this ordinance constitutes a trespass and a nuisance.

H. Severability: The sections of this ordinance are severable. The invalidity of a section shall not affect the validity of the remaining sections.

I. Nothing in this ordinance shall be construed as limiting the County's ability to seize, remove, abate, or dispose of property in accordance with any other law.

ADOPTED BY THE BOARD OF CLEARWATER COUNTY COMMISSIONERS, THIS 26th day of October, 2020.

Rick Winkel, Chairman

John Smith, Commissioner

Mike Ryan, Commissioner

Carrie Bird, Clerk

Michelle Donner, Deputy

10-28c

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