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Idaho State Law Codes > FTO - Objective 8 > Flashcards

Flashcards in FTO - Objective 8 Deck (47)
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30

49-715
Riding on bicycles.

(1) A person propelling a bicycle shall not ride other than upon or astride an attached permanent and regular seat.

(2)  No bicycle or human-propelled vehicle shall be used to carry more persons at one (1) time than the number for which it is designed and equipped.

(3)  An adult rider may carry a child securely attached to his person in a backpack or sling or in a child carrier attached to the bicycle.

 

31

49-716
Clinging to or following vehicles
Fine $66.50

(1) No person riding upon any bicycle, coaster, roller skates, skateboard, sled or toy vehicle shall attach it or himself to any vehicle upon a highway.

(3)  No person riding upon any bicycle or human-powered vehicle shall follow a vehicle so closely as to constitute an immediate hazard to the rider.

32

49-717
Position on highway

(1) Any person operating a bicycle upon a roadway at less than the normal speed of traffic at the time and place and under the conditions then existing shall ride as close as practicable to the right-hand curb or edge of the roadway except under any of the following situations:
(a)  When overtaking and passing another bicycle or vehicle proceeding in the same direction.
(b)  When preparing for a left turn at an intersection or into a private road or driveway.
(c)  When reasonably necessary to avoid conditions including fixed or moving objects, parked or moving vehicles, bicycles, pedestrians, animals, surface hazards or substandard width lanes that make it unsafe to continue along the right-hand curb or edge.
(2)  Any person operating a bicycle upon a one-way roadway with two (2) or more marked traffic lanes may ride as near the left-hand curb or edge of the roadway as practicable.

33

49-718
Riding two abreast

Persons riding bicycles upon a highway shall not ride more than two (2) abreast except on paths or parts of highways set aside for the exclusive use of bicycles. Persons riding two (2) abreast shall not impede the normal and reasonable movement of traffic and, on a laned roadway, shall ride within a single lane.

34

49-719
Carrying articles

No person operating a bicycle shall carry any package, bundle or article which prevents the operator from using at least one (1) hand in the control and operation of the bicycle.

35

49-720
Turn and stop signals

(1) A person operating a bicycle or human-powered vehicle approaching a stop sign shall slow down and, if required for safety, stop before entering the intersection. After slowing to a reasonable speed or stopping, the person shall yield the right-of-way to any vehicle in the intersection or approaching on another highway so closely as to constitute an immediate hazard during the time the person is moving across or within the intersection or junction of highways, except that a person after slowing to a reasonable speed and yielding the right-of-way if required, may cautiously make a turn or proceed through the intersection without stopping.

(2)  A person operating a bicycle or human-powered vehicle approaching a steady red traffic control light shall stop before entering the intersection and shall yield to all other traffic. Once the person has yielded, he may proceed through the steady red light with caution. Provided however, that a person after slowing to a reasonable speed and yielding the right-of-way if required, may cautiously make a right-hand turn. A left-hand turn onto a one-way highway may be made on a red light after stopping and yielding to other traffic.

(3)  A person riding a bicycle shall comply with the provisions of section 49-643, Idaho Code.

(4)  A signal of intention to turn right or left shall be given during not less than the last one hundred (100) feet traveled by the bicycle before turning, provided that a signal by hand and arm need not be given if the hand is needed in the control or operation of the bicycle.

36

49-721
Bicycles on sidewalks

(1) A person operating a bicycle upon and along a sidewalk, or across a highway upon and along a crosswalk, shall yield the right-of-way to any pedestrian, and shall give an audible signal before overtaking and passing a pedestrian or another bicyclist.

(2)  A person shall not operate a bicycle along and upon a sidewalk or across a highway upon and along a crosswalk, where the use of bicycles is prohibited by official traffic control devices.

(3)  A person operating a vehicle by human power, or operating a motorized wheelchair or an electric personal assistive mobility device upon and along a sidewalk, or across a highway upon and along a crosswalk, shall have all the rights and duties applicable to a pedestrian under the same circumstances.

37

49-722
 Bicycle racing

(1) Bicycle racing on the highways is prohibited except as authorized in this section.

(2)  Bicycle racing on a highway shall not be unlawful when a racing event has been approved by the department or local law enforcement authorities on any highway under their respective jurisdictions. Approval of bicycle highway racing events shall be granted only under conditions which assure reasonable safety for all race participants, spectators and other highway users, and which prevent unreasonable interference with traffic flow which would seriously inconvenience other highway users.

(3)  By agreement with the approving authority, participants in an approved bicycle highway racing event may be exempt from compliance with any traffic laws otherwise applicable, provided that traffic control is adequate to assure the safety of all highway users.

39

49-723
Light and reflector required at night

Every bicycle in use at the times described in section 49-903, Idaho Code, shall be operated with a light emitting device visible from a distance of at least five hundred (500) feet to the front, attached to the bicycle or the rider, and with a reflector clearly visible from the rear of the bicycle.

 

40

CC 8-12
Dangerous Animals Prohibited

It shall be unlawful for any person to keep any wild or dangerous animal for display or exhibition purposes.

Any animal that has attacked or bitten any person or other animal, without cause, may be seized by a police officer or other citizen.

41

CC 8-22
Levels of dangerous dogs

Any dog which exhibits a known inclination or tendency to attack or bite a person or other animal... may be declared a dangerous dog.

Level 1: a dog, while at large is found to menace, chase and dislplay threatening or aggressive behavior or otherwise threaten or endager the safety or any person or animal.

Level 2

42

CC 8-23
Dog License

The keeping of any dog within the city is hereby forbidden and unlawful, unless the owner procures a license from the city.

43

CC 8-32
Dog Offenses - Barking Dogs

No person owning, harboring, controlling, or keeping any dog shall permit the dog to:

(1) Behave in a "dangerous" manner per levels 1 through 3.

(2) Scatter garbage, refuse or debris.

(3) Chase any person, vehicle or animal.

(4) Deposit fecal material on any property that is not their own without the owner immediately removing it.

(5) Bark, howl, or otherwise cause noise which disturbs or is likely to disturb the peace and quiet of any person.

44

CC 8-9
Cruelty, killing, or otherwise mistreating animals


It is unlawful for any person to maliciously kill, maim or wound an animal, the property of another, or for any person having the charge or custody of any animal, to subject any animal to needless suffering or to invlict any unnecessary cruelty upon the same... to abuse an animal or failt to provide the same with proper food, drink, veterinary care, shelter or protection from weather.

No person shall intentionally annoy, harass, or taunt any confined animal within the city.

No person shall kill or injure any wild birds within the city, unless English Sparrows, starlings or feral pigeons.

45

PM 2.12
Impoundment Of Vehicles

II. POLICY
A. The department recognizes that vehicles occasionally must be impounded for a variety of reasons. Further, the department has the responsibility to inventory impounded vehicles to insure protection from loss, theft, damage and to protect the officer and citizen from potential danger. Any inventory is to provide:
1. Protection of contents.
2. Protection of the department against civil claims.
3. Protection of the public and officers by determination of whether the vehicle contains any hazardous substances.

III. PROCEDURE
A. Non Emergency Abandonment
1. Upon receiving the initial complaint, the responding officer will use all means within reason to contact the owner and have the vehicle removed without any further involvement by the police department.
2. If the owner cannot be located and remove the vehicle, the officer will attach a 48-hour sticker upon the vehicle.
3. After placing a 48-hour notice upon the vehicle, the officer will make a report that details the attempts to contact the owner and the fact that the vehicle has been tagged.
4. The shift supervisor will review the report for completeness. The report will be routed to the Watch I Supervisor.
5. The Watch I Supervisor will hold the report until the 48 hours has elapsed, then the report will be given to the district officer to check the status of the vehicle.
If the vehicle has been moved, the officer will write a supplemental report.
6. When the vehicle has not been moved, thus making it necessary to tow, the officer will have the contracted tow service respond and take possession of (impound) the vehicle. The officer will complete the impound sheet (Appendix A). The yellow sheet will be sent to Community Programs. Community Programs has the responsibility of determining the appraisal value of the vehicle.
7. Notice of Storage and Notice of Intent to Dispose, must be completed for each registered owner and any lien holders. For those registered owners living with the same last name and at the same address, only one form is necessary.
8. Completed forms, supplemental reports or teletype printouts will be routed to Community Programs.
9. Community Programs will be responsible for mailing the necessary forms to the various named owners/lien holders, and completing the process when the forms are returned.

B. Extraordinary Circumstances Abandonment I.C. 49-1803, (1)
1. If a vehicle is abandoned under extraordinary circumstances, law enforcement may, in the discretion of the officer, direct the immediate towing of the vehicle, and may process (impound) the vehicle under the standard abandoned vehicle procedure.
2. Extraordinary circumstances include any situation where an emergency exists or public safety is endangered, or any situation in which a vehicle;
a. Is blocking or impeding traffic; or,
b. Is causing a hazard; or,
c. Has the potential of impeding any emergency vehicle; or,
d. Is impeding any snow removal or other road maintenance operations; or,
e. Has been stolen, but not yet reported as recovered; or,
f. Is not registered or displays a license plate registration tag which has been expired.
3. Extraordinary circumstances may also include situations where the vehicle has not technically been “abandoned” and yet impounding is justified for other reasons, for example:
a. The registered owner or person having responsibility for the vehicle has been arrested and no suitable agent is available or acceptable.
b. The vehicle has been forfeited pursuant to Idaho Code, Title 37, Chapter 27.

C. Inventory Of Impounded Vehicles
1. Whenever a vehicle is impounded, it is in the custody of the department until it is released to its owner, his/her agent or other authorized person. During the time it is in the custody of the department, the vehicle and its contents must be protected from loss through theft and damage from neglect or malicious injury. Re: General Order 2.13 (Motor Vehicle Inventories)
2. Whenever a vehicle is impounded, the officer who initiated the impound shall conduct a complete and thorough inventory of the interior of the vehicle to include the passenger compartment, glove box, trunk, and any other containers, whether closed or unclosed, in the vehicle. Re: General Order 2.13 (Motor Vehicle Inventories)
3. The officer shall record fully and accurately the contents of the vehicle on the vehicle impound sheet and subsequent continuation sheets. Items of inconsequential value need not be recorded. Re: General Order 2.13 (Motor Vehicle Inventories)
4. Large sums of money or any items deemed by the officer to be valuable shall be taken for safekeeping and placed into evidence pursuant to General Order 3.02 (Evidence/Property Control Policy and Procedure)

46

PM 2.13
Motor Vehicle Inventories

II. POLICY
A motor vehicle inventory is an administrative measure designed to protect motor vehicles and their contents while in police custody; to protect the agency against claims of lost, stolen or damaged property; and to protect departmental personnel and the public against injury or damaged property due to hazardous materials or substances that may be in the vehicle. It is the policy of this law enforcement agency to safeguard the above property and interests and to conduct motor vehicle inventories in accordance with the following procedures.

III. PROCEDURES
A. Legal Authority to Inventory
1. An authorized member of this agency may conduct a motor vehicle inventory without a warrant or probable cause when:
a. The vehicle has been lawfully seized or impounded pursuant to the arrest of the driver, or the discovery that the driver is ineligible to operate the vehicle, or for related enforcement or safety reasons as defined by city, county, state or federal law or regulations.
2. Examination of the contents of a motor vehicle pursuant to a criminal investigation or with the intent of discovering evidence of a crime is a search, not an administrative inventory.

B. Scope of Inventory
1. The contents of all motor vehicles that are lawfully seized and/or impounded by this agency shall be subject to inventory in accordance with the provisions of Section III – A of this policy.
2. An inventory should be conducted in the location at which the vehicle is seized unless limited by reasons of safety or practicality. If so, it may be inventoried at a later time and location following impoundment.
3. The owner or operator of the vehicle shall be given the opportunity, if possible, to remove valuables from the vehicle prior to impoundment. In the event that an owner or operator wishes to remove valuable items and some of them cannot physically be removed from the vehicle, the items shall be noted on the inventory and a copy shall be provided to the person or left in the vehicle.
4. A motor vehicle inventory may extend to all areas of the vehicle in which personal property or hazardous materials may reasonably be found, including, but not limited to the passenger compartment, trunk and glove compartment.
5. All closed containers found within the vehicle shall be opened for purposes of the inventory. Closed and locked containers should not be forced open, if significant damage will result, but the container can be opened by use of a locksmith or other non-damaging methods. If a key or lock combination is available, locked containers may be opened and inventoried. Questions about opening closed and locked containers should be directed to the on-duty supervisor.

C. Property Control
1. Non-evidence items of low monetary value may be left in the vehicle and under the control of the impound/storage company. Evidence or material of high monetary value shall be handled under the evidence policy. Questions about the proper handling of the items should be directed to the on-duty supervisor.
2. Control and safekeeping of hazardous materials shall be the responsibility of this agency’s designated authority.
3. Contraband, evidence and seized items discovered during the course of a motor vehicle inventory shall be deposited with the evidence custodian in accordance with procedures pursuant to General Order 3.02, Evidence/ Property Control Policy and Procedure).

47

PM 2.20
Animal Control Officer Call Out Procedure

II. PROCEDURE
A. Personnel Authorized To Call Out The Animal Control Officer
1. The on-duty supervisor will have the authority to call out the Animal Control Officer when the following criteria is present: a. A vicious animal, as defined by City Code 8-22, is loose and must be controlled and/or destroyed. b. An animal has injured a person and the incident requires follow-up and a prolonged investigation. c. When officers are involved in situations (other than animal complaints) leaving no officers clear to handle emergency animal complaints.