15-1643 Massage Therapist, Open Burning, Fireworks, False Alarms, Pawn Brokers Code UpdatesCITY OF MERIDIAN ORDINANCE NO. IS- (q3
BY THE CITY COUNCIL: BIRD, BORTON, CAVE, NER, MILAM, ROUNTREE, ZAREMBA
AN ORDINANCE OF THE CITY OF MERIDIAN IN ADA COUNTY, IDAHO, REPEALING
TITLE 3, CHAPTER 6, OF THE MERIDIAN CITY CODE, REGARDING MASSAGE
THERAPISTS; REPEALING TITLE 5, CHAPTER 2, OF THE MERIDIAN CITY CODE,
REGARDING OPENING BURNING; AMENDING MERIDIAN CITY CODE SECTION 5-4-
5(C), REGARDING SITE INSPECTIONS FOR PERMITS FOR RETAIL SALES OF
NONAERIAL COMMON FIREWORKS; AMENDING MERIDIAN CITY CODE SECTION 5-
4-5(D), REGARDING APPLICATION DEADLINES FOR PERMITS FOR RETAIL SALES
OF NONAERIAL COMMON FIREWORKS; REPEALING MERIDIAN CITY CODE
SECTION 5-4-5(F), REGARDING WINTER FIREWORKS SALES; AMENDING MERIDIAN
CITY CODE SECTION 5-4-10(B)(9), REGARDING SITE PLANS FOR PUBLIC
FIREWORKS DISPLAYS; AMENDING MERIDIAN CITY CODE SECTIONS 5-4-10(D) AND
(E), REGARDING DEADLINES FOR PUBLIC FIREWORKS DISPLAYS; AMENDING
MERIDIAN CITY CODE SECTION 6-3-8, REGARDING FALSE ALARMS; AMENDING
MERIDIAN CITY CODE SECTION 3-5-2(B), ADDING A REQUIREMENT THAT NEW
APPLICANTS FOR PAWNBROKER LICENSING SUBMIT FINGERPRINTS FOR A
NATIONAL BACKGROUND CHECK AND EXEMPTING RENEWING APPLICANTS;
AMENDING MERIDIAN CITY CODE SECTION 3-5-2(I) TO CLARIFY THAT EACH
PAWNSHOP LOCATION REQUIRES A SEPARATE LICENSE; AMENDING MERIDIAN
CITY CODE SECTION 3-5-9(B)(4) TO AVOID CONFLICT WITH OTHER APPLICABLE
LAWS; AMENDING MERIDIAN CITY CODE SECTION 7-2-5(C), REGARDING
EXCEPTIONS TO PARKING REQUIREMENTS; ADOPTING A SAVINGS CLAUSE; AND
PROVIDING AN EFFECTIVE DATE.
WHEREAS, Idaho Code Title 54, Chapter 40 now requires state licensure and oversight of
massage therapists;
WHEREAS, open burning is largely regulated by the Idaho Department of Environmental
Quality and permitting by the City is redundant and adds administrative expense;
WHEREAS, improvements to the application workflow and deadlines for permits to sell
nonaerial common fireworks will improve the process for applicants while meeting the public interest
in oversight;
WHEREAS, false fire alarms are costly and divert public safety attention and resources from
actual emergencies, and should be regulated consistently with other public safety false alarms;
WHEREAS, the City Council of the City of Meridian is empowered by the Idaho Legislature
to regulate and license businesses, pursuant to Idaho Code section 50-307, and finds that it is in the
best interest of the health, safety, and welfare of the people of Meridian to conduct criminal
background checks on new pawnbrokers as a condition of licensing, and to clarify that each new
pawnshop location requires a separate license, and to ensure that provisions of City Code regulating
pawnbrokers do not conflict with any other laws;
MASSAGE THERAPIST, OPEN BURNING, FIREWORKS, FALSE ALARMS, PAWNBROKER CODE UPDATES PAGE 1 OF 8
WHEREAS, exempting law enforcement trailers from the parking requirements will best
protect the public health and safety;
NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY COUNCIL OF THE
CITY OF MERIDIAN, ADA COUNTY, IDAHO:
Section 1. That Title 3, Chapter 6, of the Meridian City Code, regarding massage therapists,
shall be repealed.
Section 2. That Title 5, Chapter 2, of the Meridian City Code, regarding opening burning, shall
be repealed.
Section 3. That Meridian City Code section 5-4-5(C) shall be amended as follows:
C. The city clerk or designee shall direct the plafming, building, and police department to review the
application, and shall request that the fire chief or designee and the electrical inspector conduct a
site inspection at each operation, in order to determine:
1. Whether the proposed operations, activities, and/or uses are in compliance with this chapter and
any other applicable laws; and
2. Whether use of such permit by applicant will likely endanger the health, safety, and/or welfare
of persons or property.
Section 4. That Meridian City Code section 5-4-5(D) shall be repealed and replaced with
language to read as follows:
D. Complete applications for nonaerial common fireworks permits authorizing the permittee to sell
nonaerial common fireworks during the summer sales period shall be filed with the city clerk on or
before June 1, or the next business day if such date falls on a nonbusiness day. Complete applications
for nonaerial common fireworks permits authorizing the permittee to sell nonaerial common fireworks
during the winter sales period shall be filed with the city clerk on or before December 1, or the next
business day if such date falls on a nonbusiness day.
Section 5. That Meridian City Code section 5-4-5(F), regarding winter fireworks sales, shall
be repealed.
Section 6. That Meridian City Code section 5-4-10(B)(9) shall be amended as follows:
9. A site plan for the proposed site of the public fireworks display for which the permit is sought,
which plan shall comply with the standards set forth in National Fire Protection Association standards
(NFPA) 1123 or 1126 and shall include number and diameter of mortars to be discharged and form of
ignition to be used;
Section 7. That Meridian City Code sections 5-4-10(D) and (E) shall be amended as follows:
D. Applications for public fireworks display permits shall be filed with the city clerk at least fet4y five
(4-5) thirty 30 days preceding the date on which the proposed public fireworks display is to occur.
MASSAGE THERAPIST, OPEN BURNING, FIREWORKS, FALSE ALARMS, PAWNBROKER CODE UPDATES PAGE 2 of 8
E. So long as the application is filed at least f A (4 5) thirty 30 days preceding the date on which
the proposed public fireworks display is to occur, the city clerk shall notify the applicant if deficiencies
in the application exist and the applicant shall have five (5) business days from the date of the notice to
correct any deficiencies.
Notwithstanding any such extension or extensions, any application pending required action by
applicant within •'i'�30) fourteen (14) days of the proposed public fireworks display shall be denied.
Section 8. That Meridian City Code section 6-3-8 shall be amended as follows:
6-3-8: BURCYL ALARM SYSTEMS; DEFINITIONS:
A. Purpose: The purpose of this Section is to reduce the number of the false fireburglar and robbery
alarms thereby enhancing response time on other critical calls for service.
B. Definitions: For the purpose of this Section, the following terms, phrases, and words and derivations
thereof, shall have the meaning given herein, When consistent with the context, words used in the
present tense include the future, words in the plural number include the singular number, and
words in the singular number include the plural number. The word "shall" is mandatory and not
merely directory.
ALARM AGENT: Any person employed by an alarm business whose duties include the
installation, maintenance, repair, service, response to, or summoning others to respond to an alarm
system. When the alarm system is the sole responsibility of the user and no contractual agreements
with another company exist for the maintenance of alarm equipment, the user shall be considered
the alarm agent for purposes of this Section.
ALARM COMPANY DIRECTOR: Any person who receives an activation of an alarm or alarm
system as provided by this Section and then transmits the information to the Meridian City Police
Department or Meridian Fire Department.
ALARM OFFICER: The Chief of Police of the City of Meridian or his designee or the Chief of
Fire of the City of Meridian or his designee.
ALARM SUBSCRIBER: Any person who purchases, leases, contracts for, or otherwise obtains an
alarm system or contracts for the servicing or maintenance of an alarm system.
ALARM SYSTEM: Any mechanical, electrical or other device which is designated or used for the
detection of a trespass, burglary, of robbery, or fire within a building, structure, or facility, or for
alerting others to a hazard or to the commission of an unlawful act within a building, structure or
facility, or which emits a sound or transmits a signal or message when activated and which is
designated to elicit a response from the Police Department or the Fire Department. Alarm systems
include, but are not limited to, direct dial telephone devices, audible alarms and proprietor alarms.
Devices which are not designed or used to register alarms but are audible, visible, or perceptible
outside the protected building, structure or facility are not included within this definition. An alarm
system includes all the necessary equipment designed and installed for the detection of a trespass,
burglary, robbery, fire or other hazard in a single building, structure or facility, or for alerting
others to the commission of an unlawful act within a building, structure or facility.
MASSAGE THERAPIST, OPEN BURNING, FIREWORKS, FALSE ALARMS, PAWNBROKER CODE UPDATES PAGE 3 OF 8
AUDIBLE ALARM: A device designed for the detection of unauthorized entry or presence on
certain premises which generates an audible sound or signal on such premises when it is activated.
AUTOMATIC DIALING DEVICE: An alarm system which automatically sends over regular
telephone lines, by direct connection or otherwise, a prerecorded voice message or coded signal
indicating the existence of an emergency situation that the alarm system is designed to detect.
EMERGENCY: Any condition for which the alarm was designed and installed, and which results
in a response of police personnel.
FALSE ALARM: An alarm signal, message, transmittal, or communication which is activated
from an alarm system and which is responded to by personnel of the Police Department or Fire
Department for which no emergency situation exists or existed as determined by the responding
personnel. False alarm shall not include alarms caused by natural occurrences such as hurricanes,
tornadoes, earthquakes, or other extraordinary circumstances determined by the alarm officer to be
clearly beyond the control of the alarm subscriber.
FIRE DEPARTMENT: The Meridian Fire Department
PENALTY STATUS: That status achieved by more than two (2) false alarms within the calendar
year beginning January 1 and ending December 31.
PERSON: Any individual, partnership, association, corporation, organization of any kind, or any
governmental entity or political subdivision thereof.
POLICE DEPARTMENT: The Meridian Qty Police Department.
C. Alarm Systems Maintenance:
1. Each alarm subscriber shall maintain each alarm system in good working order, and provide the
necessary service to prevent malfunctions.
2. It shall be unlawful for an alarm subscriber to allow, permit, or use an alarm system which is not
in good working order, or has fallen into disrepair, or has malfunctioned.
D. Maintaining A Public Nuisance Alarm; Penalty Fees:
1. More Than Two False Alarms: No person, whether or not an alarm subscriber, shall maintain,
operate, use or attempt to use an alarm system which generates more than two (2) false alarms in
a calendar year.
2. Pen alt3 Fees: Any l...... system maintained, ooefated, used,or- aRempted to be used ___ .__l_t____
of this Sedion shall be doomed a publie nuisanee pursuant to 1daho Code seetien 50 334. In
addition to reimbursement or any other remedy available to the City, the City may charge a
impose a penalty fee for each and every false alarm after the two (2) within the calendar year as
determined by following the schedule below:
Third false alarm within the calendar year $ 25.00
Fourth false alarm within the calendar year $50.00
Fifth false alarm within the calendar year $75.00
Every successive false alarm over 5 within the same calendar year $100.00
MASSAGE THERAPIST, OPEN BURNING, FIREWORKS, FALSE ALARMS, PAWNBROKER CODE UPDATES PAGE 4 OF 8
1. An alarm subseriber who has notiee of his,lher alarm system being deemed a publie faiisanees4W]
be assessed •. natty fee i or-da« e t b C2 f this C t'
....,.,�.,.,�..... penalty �� ... ..�......w..� .
I An alarm subscriber who has notice of the assessed penalty or for any amount due in
reimbursement, shall remit within fifteen (15) days the amounts due to the city.
F. Prohibited Alarm Systems: No person shall use or operate an automatic dialing device or any device
programmed to initiate and deliver a message or signal to any telephone number belonging to the
city.
G. Violations:
1. It shall be unlawful to operate or maintain any "alarm system" as defined in subsection B of this
section for any purpose other than reporting such trespasses, burglaries, robberies, fires, or other
crimes or hazards involving potential .,serious -property loss, bodily injury or death.
2. It shall be unlawful for any person to operate or use a public safety alarm system for any purpose
other than that for which it is installed, or for any purpose other than detecting and reporting a
trespass, burglary, robbery fire, or other pe fmitc = e pufpese hazard.
3. It shall be unlawful for any alarm agent, alarm subscriber or other person to install, operate or use
any "alarm system" as defined in this section which malfunctions due to improper installation or
operation and that results in the generation of false alarms.
I. Enforcement: The conviction or punishment of any person for violation of the provisions of this
section shall not release such person from paying any business taxes, charges, fees, license fees or
reimbursement for false alarms due and unpaid at the time of such conviction, nor shall payment of
MASSAGE THERAPIST, OPEN BURNING, FIREWORKS, FALSE ALARMS, PAWNBROKER CODE UPDATES PAGE 5 OF 8
any fee or reimbursement for false alarm prevent the criminal prosecution for violation of any of
the provisions of this section. All remedies shall be cumulative and the use of one or more
remedies by the city shall not bar the use of any other remedy provided by law.
J. Penalties:
1. Unless otherwise provided, any person violating any of the provisions of this section shall be
deemed guilty of , general .. isde-.,,e..,.,.. and Won onvi_fie thereof-, ball be fined o
...r« �
ed in the e fAy jail i b d that permitted RJ ' an infraction, and
shall be subject to a fine of $250.00.
2. Each and every false alarm over three (3) within the calendar year shall be deemed a separate
offense.
Section 9. That Meridian City Code section 3-5-2(13) shall be amended as follows:
B. Application For License: An application for such license shall be made to the city clerk in such
form and manner as the city clerk may prescribe. Upon receipt of a complete application for a
pawnbroker license, the City Clerk shall cause a criminal background investigation to be made and
shall refer all applications to the police department for its recommendation. Such application shall be
accompanied by an application fee and background check per fee schedule and shall include, but not
necessarily be limited to, the following information and materials:
1. The name and address of the applicant, and if a partnership, the names and addresses of each
partner, and if a corporation or association, the names and addresses of the principal stockholders,
and the name and residence of the operating manager of the business.
2. Whether the applicant has had a similar license revoked by the city or any other city in this state
or of the United States or any state of the United States within the past five (5) years.
3. Whether the applicant or any principal or partner has been convicted of any felony or
misdemeanor, other than minor traffic violations, the nature of the offense, and the date, and the
punishment or penalty assessed therefor.
4. The name and address of each employee of the business and whether that employee has been
convicted of any felony or misdemeanor, the nature of the offense, the date of conviction, and the
punishment or penalty assessed therefor.
5 Fingerprints taken by the Idaho state police of the applicant except that an applicant renewing
an existing license is exempt from this provision.
Section 10. That Meridian City Code section 3-5-2(I) shall be amended as follows:
I. License Nontransferable: Licenses shall not be transferable, either as to person or place. Each
location shall require a separate license.
Section 11. That Meridian City Code section 3-5-9(B) shall be amended as follows:
B. Contents: Every transaction shall be memorialized in writing and signed by the person with whom
the transaction is made. All parties to the transaction are entitled to receive a copy of this written
MASSAGE THERAPIST, OPEN BURNING, FIREWORKS, FALSE ALARMS, PAWNBROKER CODE UPDATES PAGE 6 OP 8
record. The Except as otherwise prohibited by law, the written record of every regulated transaction
shall include the following information:
Section 12. That a new subsection shall be added to Meridian City Code section 7-2-5(C), to
read as follows:
C. Exceptions: The provisions of this section shall not apply when a vehicle or trailer is parked:
(6) For purposes of law enforcement activities by a public agency.
Section 13. It is hereby declared to be the legislative intent that the provisions and parts of this
Ordinance shall be severable. If any paragraph, part, section, subsection, sentence, clause, or phrase of
this Ordinance is for any reason held to be invalid by a Court of competent jurisdiction, such decision
shall not affect the validity of the remaining portions of this Ordinance.
Section 14. All City of Meridian ordinances, or resolutions, or parts thereof, which are in
conflict herewith, are hereby repealed.
Section 15. That this ordinance shall be effective immediately upon its passage and
publication."
PASSED by the City Council of the City of Meridian, Idaho, this . ✓ day of May, 2015.
APPROVED by the Mayor of the City of Meridian, Idaho, this day of May, 2015.
APPROVED: ATTEST:
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Tammy rd, Mayor a E IDIAN cee 14iran, City Clerk
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MASSAGE THERAPIST, OPEN BURNING, FIREWORKS, FALSE ALARMS, PAWNBROKER CODE UPDATES PAGE 7 OF 8
NOTICE AND PUBLISHED SUMMARY
OF ORDINANCE PURSUANT TO I.C. § 50-901(A)
CITY OF MERIDIAN ORDINANCE NO. 15- /6y3
AN ORDINANCE OF THE CITY OF MERIDIAN IN ADA COUNTY, IDAHO, REPEALING TITLE 3,
CHAPTER 6, OF THE MERIDIAN CITY CODE, REGARDING MASSAGE THERAPISTS;
REPEALING TITLE 5, CHAPTER 2, OF THE MERIDIAN CITY CODE, REGARDING OPENING
BURNING; AMENDING MERIDIAN CITY CODE SECTION 5-4-5(C), REGARDING SITE
INSPECTIONS FOR PERMITS FOR RETAIL SALES OF NONAERIAL COMMON FIREWORKS;
AMENDING MERIDIAN CITY CODE SECTION 5-4-5(D), REGARDING APPLICATION
DEADLINES FOR PERMITS FOR RETAIL SALES OF NONAERIAL COMMON FIREWORKS;
REPEALING MERIDIAN CITY CODE SECTION 5-4-5(F), REGARDING WINTER FIREWORKS
SALES; AMENDING MERIDIAN CITY CODE SECTION 5-4-10(B)(9), REGARDING SITE PLANS
FOR PUBLIC FIREWORKS DISPLAYS; AMENDING MERIDIAN CITY CODE SECTIONS 5-4-10(D)
AND (E), REGARDING DEADLINES FOR PUBLIC FIREWORKS DISPLAYS; AMENDING
MERIDIAN CITY CODE SECTION 6-3-8, REGARDING FALSE ALARMS; AMENDING MERIDIAN
CITY CODE SECTION 3-5-2(B), ADDING A REQUIREMENT THAT NEW APPLICANTS FOR
PAWNBROKER LICENSING SUBMIT FINGERPRINTS FOR A NATIONAL BACKGROUND
CHECK AND EXEMPTING RENEWING APPLICANTS; AMENDING MERIDIAN CITY CODE
SECTION 3-5-2(I) TO CLARIFY THAT EACH PAWNSHOP LOCATION REQUIRES A SEPARATE
LICENSE; AMENDING MERIDIAN CITY CODE SECTION 3-5-9(B)(4) TO AVOID CONFLICT
WITH OTHER APPLICABLE LAWS; AMENDING MERIDIAN CITY CODE SECTION 7-2-5(C),
REGARDING EXCEPTIONS TO PARKING REQUIREMENTS; ADOPTING A .SAVINGS CLAUSE;
AND PROVIDING AN EFFECTIVE DATE.��.\
City oMeridtdn
Mayor and City Council
g IDIAN
By: Jaycee Holman, City Clerk r SEAL
First Reading: �--- 5— ! -
Adopted after first reading by suspension of the Rule as allowed pursuant to
Idaho Code § 50-902: YES ✓ NO
Second Reading:
Third Reading:
STATEMENT OF MERIDIAN CITY ATTORNEY AS TO
ADEQUACY OF SUMMARY OF ORDINANCE NO. 15- ( G y3
The undersigned, William L.M. Nary, City Attorney of the City of Meridian, Idaho, hereby certifies
that he is the legal advisor of the City and has reviewed a copy of the attached Ordinance no. 15 -JUS
of the City of Meridian, Idaho, and has found the same to be true and complete and provides adequate
notice to the public pursuant to Idaho Code § 50-901A(3).
DATED this 12 day of 015.
1Nit
William L.M. Nary
City Attorney
MASSAGE THERAPIST, OPEN BURNING, FIREWORKS, FALSE ALARMS, PAWNBROKER CODE UPDATES PAGE 8 OF 8