ORDINANCE NO. 2008--01

AN ORDINANCE AMENDING ORDINANCE NO. 96-04, AS AMENDED BY ORDINANCE NO. 2007-03; PROVIDING FOR FURTHER RESTRICTIONS; DESIGNATING ITEMS THAT MAY BE DUMPED AT BOUNDARDY COUNTY LANDFILL AND OTHER COLLECTION SITES; PROVIDING FOR MODIFICATION OF RULES, REGULATIONS, AND FEES BY RESOLUTION; AND PROVIDING FOR PUBLICATION AND EFFECTIVE DATE.

BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF BOUNDARY COUNTY, IDAHO, as follows:

THAT Ordinance No. 2007-03 is amended by replacing the language of Section 2 of said Ordinance No. 2007-03.

According to the authority conferred by Article XII, Section 2, of the Constitution of the State of Idaho, and Title 32, Chapter 8, and Title 31, Chapter 44, Idaho Code, Section 2 of Ordinance No. 2007-03, is hereby amended by replacing Section 2 thereof with the following:

Section 2.  Restrictions:  It shall be unlawful for any person to dispose of, or attempt to dispose of, in any manner, the following at any place other than the Boundary County Landfill:  furniture, bedsprings, mattresses, bath tubs, toilets, household appliances occupying over two (2) cubic feet in space, waste from the construction or deconstruction of any structure or building including but not limited to lumber of any kind, concrete, rock, sand and gravel, heavy and bulk logging waste, tree limbs, stumps and brush, heavy and bulk farm waste, vegetable and/or fruit over 100 pounds, fence posts of any kind, wire of any kind, tires, batteries or battery acids, combustible engines or engine blocks, motor oils, solvents of any kind, bulk liquids in excess of 5 gallons, animal carcasses, processed animal or human excrement except that properly contained within disposable diapers, any hazardous materials other than household waste.  None of these items shall be disposed of in the County Dump boxes.

The Boundary County Landfill and Rural Monitor sites will take used motor oil, used antifreeze, glass, newspapers, magazines, cardboard, tin and aluminum cans, which can be recycled at no cost.

Manned Rural Sites will take wood including tree trimmings, shrubs/brush, clean untreated/unpainted lumber, metal including wire, household appliances under 2 cubic feet, sheet metal, and rims.

Any load of wood or metal over 2 cubic yards must be disposed of at the Boundary County Landfill.

                All persons utilizing the Boundary County Landfill or any manned or unmanned collection sites must obey all notices and signs and the directions of site personnel associated with the disposal of items in the Boundary County Landfill or any manned or unmanned rural site.

                These restrictions may be amended and modified by rules and regulations adopted by resolution concerning the operation of the Boundary County Landfill and any manned or unmanned rural collection site.

                This Ordinance shall become effective upon its publication pursuant to Idaho Code Section 31-715.

                APPROVED AND ADOPTED this 19th day of November, 2007

                                                                                                BOARD OF BOUNDARY COUNTY

                                                                                                COMMISSIONERS

                                                                                                s/____________________________________

                                                                                                RONALD R. SMITH

                                                                                                s/____________________________________

                                                                                                DAN DINNING

                                                                                                s/____________________________________

                                                                                                WALT KIRBY

ATTEST:

s/_____________________________________________

Clerk of the Board of County Commissioners

Boundary County

Recorded as instrument#235385

ORDINANCE NO. 96-04

AN ORDINANCE TO DESIGNATE CERTAIN ITEMS THAT MUST BE DUMPED AT THE BOUNDARY COUNTY LANDFILL AND NOT IN DROP BOXES PROVIDED BY BOUNDARY COUNTY AT VARIOUS LOCATIONS.

BE IT ORDAINED BY THE CHAIRMAN OF THE BOARD OF BOUNDARY COUNTY COMMISSIONERS OF BOUNDARY COUNTY, IDAH0:

    According to authority conferred by Article XII, Section 2, of the Constitution of the State of Idaho, and Title 31, Chapter 8, Idaho Code,

Section 1. Purpose.  This ordinance shall be deemed an exercise of the police power of the County of Boundary acting in its governmental capacity for the protection and preservation of the health, welfare, safety and cleanliness of the public and public areas, and all these provisions shall be liberally construed for the accomplishment of that purpose.

Section 2. Restrictions.  It shall be unlawful for any person to dispose of, or attempt to dispose of, in any manner, the following items at any place other than the Boundary County Landfill and the items herein may only be disposed of at the Boundary County Landfill: furniture, bedsprings, bath tubs, toilets, and household appliances occupying over two (2) cubic feet of space; waste from the construction or destruction of any structure or building including but not limited to lumber of any kind, concrete, rock, sand and gravel; heavy and bulk logging waste; tree limbs, stumps and brush; heavy and bulk farm waste; vegetable and/or fruit with a gross weight of over 100 pounds; fence posts of any kind; wire of any kind; engine blocks from any motor vehicle; motor vehicle tires; motor vehicle batteries or battery acids, motor oils, or antifreeze; solvents of any kind; bulk liquids in excess of five (5) gallons; dead animal carcasses; processed or unprocessed animal or human excrement, except human excrement properly contained within disposable diapers; any hazardous material other than household hazardous waste.

Section 3. Penalties.  Any person who violates the provisions of this ordinance shall be guilty of a misdemeanor and upon conviction shall be subject to a fine of not more than Three Hundred Dollars ($300.00) or ninety (90) days in jail or both.  Each act or violation of any of the provisions hereof shall be deemed a separate offense.

Section 4. Repealing Conflicting Ordinance and Ordinance Provisions. Provisions of ordinances in conflict with the terms of this ordinance are hereby repealed to the extent of conflict with the terms of this ordinance.  Boundary County 75 - is hereby repealed in its entirety by this ordinance.

Section 5. Effective Date.  This ordinance shall take full force and effect upon its passage, approval and after one publication thereof in the Bonners Ferry Herald, a newspaper of general circulation in Boundary County, Idaho.

    Regularly moved, passed and adopted this 19th day of March, 1996.