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Home My WebLink AboutORD 3467ORDINANCE NO.3467 BILL NO.73 AN ORDINANCE ENACTED BY THE CALDWELL CITY COUNCIL AMENDING CHAPTER 1, ARTICLE 7 BY THE ADDITION OF A NEW SECTION, SECTION 01-07- 029 OF THE CALDWELL CITY CODE, PERTAINING TO THE CREATION OF ELECTIONEERING POLICIES; PROVIDING FOR AN EFFECTIVE DATE; PROVIDING FOR SEVERABILITY; AND REPEALING ALL ORDINANCES, RESOLUTIONS, ORDERS AND PARTS THEREOF, IN CONFLICT HEREWITH. NOW, THEREFORE, BE IT ORDAINED by the Mayor and Council of the City of Caldwell, County of Canyon, State of Idaho: Section 1. That Chapter 1, Article 7 is amended by the addition of a new section, Section 01-07- 02, of the Caldwell City Code, which section shall read as follows: 01-07-02: ELECTIONEERING POLICIES: 1. Electioneering will include the posting, use, or distribution of political signs, cards, placards, or literature; including flags, and anything similar that is tangible and designed to call one's attention to a certain candidate and/or proposition. The following shall be exempt from electioneering: wearing of shirts, caps, hats, facial masks, buttons, or similar gear that reflect a political message. With this preface as a foundation to understand what 'electioneering' is defined as, the City of Caldwell hereby declares the following as it pertains to permitted but restricted electioneering conduct near its official polling sites: A. In compliance with Idaho Code Section 18-2318, on the day of any primary, general or special election, there shall be no electioneering "within a polling place or any building in which an election is being held, or within one hundred (100) feet thereof." The City of Caldwell interprets this provision to mean that there can be no electioneering on property less than one hundred feet (100') to the polling sites' entry door; but the City could establish a (reasonable) distance to be more than one hundred feet (100'), especially given the current logistics of perimeter streets, paved parking lots, etc. 2. There shall be no signage, banner, and/or any type of political expression posted on, in, or over the City of Caldwell right of way, including any attachments to fencing or landscape in that right of way. 3. There shall be no signage, banner, and/or any other type of political expression posted on, in, or over any premises as owned by the City of Caldwell, including, but not limited to: City Hall premises, Library premises, Police Department premises. 4. There will be no set limit on signage on private property, but the City strongly encourages a respectful and reasonable limit be evident per political candidate and/or proposition. 5. To more fully establish a respectful voting experience, as well as promoting traffic- pedestrian safety between the incoming voting public and electioneers, the following shall be imposed: i. Electioneering representatives shall not approach moving or non-moving vehicles as they are in the process of participating in the election process. ii. There shall be no use of loudspeakers, microphones, megaphones, amplified devices, or any other similar equipment not defined in paragraph A of this Chapter as 'electioneering' on city owned or private property at any time before, during, or after the voting period. It is deemed that such loud amplification messaging is distracting enough that may risk traffic accidents. Ord. 3467 — Page 1 6. It is expected that all participants in the election process will act and abide by these reasonable measures in good faith. Should there be a perceived violation, the City of Caldwell will simply inform the person of the proper code of electioneering conduct. It is stated that if the violation persists, then a verbal warning may be issued; then if the violation still continues, then a written warning may be issued, as well. 7. Penalty: For anyone that blatantly and intentionally continues to violate the terms of these electioneering policies beyond the escalating steps just cited, such person(s) may then be subject to a fine not to exceed one -hundred dollars ($100.00) per occurrence. 8. The electioneering policies shall be enforced in close coordination with the Caldwell Police Department, or other staff as may be assigned by them. 9. It is declared and ordained that any and all candidates, their representatives, and any proponent of propositions, shall be provided a copy of these policies; either through being hand -delivered or through electronic transmission (as confirmed through this process). Also, the provisions of these electioneering regulations shall be posted in the City of Caldwell's official website at a reasonable tenure prior to the start of the voting period. 10. It is perceived that not all electioneering issues can be documented since there is a plethora of electioneering variables to factor -in. Therefore, the City Clerk's Office shall be delegated the authority to use his/her wisdom and experience, as well as consult as often as necessary with the City Attorney's Office, to resolve all matters or conduct that may challenge the electioneering policies shown herein. Section 2. This ordinance shall be in full force and effect immediately following its publication according to law. Section 3. This ordinance is hereby declared to be severable. If any portion of this ordinance is declared invalid by a court of competent jurisdiction, the remaining provisions shall continue in full force and effect and shall be read to carry out the purposes of the ordinance before the declaration of partial invalidity. Section 4. All ordinances, resolutions, orders and parts thereof in conflict herewith are repealed, as of the effective date hereof. PASSED BY THE COUNCIL OF THE CITY OF CALDWELL, IDAHO, this 15" day of November, 2022. APPROVED BY THE MAYOR OF THE CITY OF CALDWELL, IDAHO, this 15' day of November, 2022. ATTEST: ,,•„nano..,. Mayor Jarom Wago City Clerk (or Deputy) .ol of CAZ4D ' JAN 15 000 �N,•. 1890 .•'• Q.••. Ord. 3467 — Page 2 ORDINANCES OF THE CITY OF CALDWELL NOTICE OF ADOPTION AND SUMMARY OF ORDINANCE NO. 3467 AN ORDINANCE ENACTED BY THE CALDWELL CITY COUNCIL AMENDING CHAPTER 1, ARTICLE 7 BY THE ADDITION OF A NEW SECTION, SECTION 01-07- 02, OF THE CALDWELL CITY CODE, PERTAINING TO THE CREATION OF ELECTIONEERING POLICIES; PROVIDING FOR AN EFFECTIVE DATE; PROVIDING FOR SEVERABILITY; AND REPEALING ALL ORDINANCES, RESOLUTIONS, ORDERS AND PARTS THEREOF, IN CONFLICT HEREWITH. Section 1: Amends Chapter 1, Article 7, is amended by the addition of a new section, Section 01-07-02, Caldwell City Code, pertaining to the addition of electioneering policies. Sections 2 through 4: Provides that this ordinance shall be in full force and effect from and after its passage, approval, and publication, according to law; provides for severability; repeals conflicting ordinances, resolutions, and orders. Ordinance No. 3467 provides an effective date, which shall be on the 22,d day of November, 2022. Ordinance No. 3467 was passed by the Council and approved by the Mayor on the 150' day of November, 2022. The full text of the Ordinance is available at Caldwell City Hall, 411 Blaine Street, Caldwell, Idaho 83605. The Mayor and City Council approved the foregoing summary on the 15' day of November, 2022, for publication on the 22nd day of November, 2022, pursuant to Idaho Code § 50-90IA. Mayor Jarom Wagoner ATTEST: Debbie Geyer, City Clerk STATEMENT OF LEGAL ADVISOR I have reviewed the foregoing summary and believe that it provides a true and complete summary of Ordinance No. 3467 and provides adequate notice to the public as to the contents of such ordinance. DATED this 151 day of November, 202 Mark Hilty, Attorney for City of Caldwell