15-1647 Amending MCC to Comply with 2015 Reclassificaton Violation PenaltiesCITY OF MERIDIAN ORDINANCE NO. /( - i(.0 q1
BY THE CITY COUNCIL: BIRD, BORTON, CAVENER, MILAM, ROUNTREE, ZAREMBA
AN ORDINANCE OF THE CITY OF MERIDIAN IN ADA COUNTY, IDAHO, AMENDING
OR REPEALING THE FOLLOWING PROVISIONS OF MERIDIAN CITY CODE: SECTION
1-7-5(C), REGARDING CITY COUNCIL MEETINGS; SECTION 1-14-7, REGARDING
STATUTORY STANDARDS; SECTION 6-4-1(D), REGARDING JUVENILE CURFEW;
SECTION 6-4-2, REGARDING MINORS IN POSSESSION OF CIGARETTES OR
TOBACCO; SECTION 5-4-12(A), REGARDING PENALTIES FOR FIREWORKS CODE
VIOLATIONS; SECTION 6-2-8(A), REGARDING BARKING DOGS; SECTION 6-2-8(B),
REGARDING CRUELTY TO ANIMALS; SECTION 6-2-8(D), REGARDING DOG AT
LARGE IN PUBLIC PLACE; SECTION 6-3-1, REGARDING ADOPTION OF TITLE 18,
IDAHO CODE; SECTION 6-3-4, REGARDING MALICIOUS INJURY TO PROPERTY;
SECTION 6-3-5, REGARDING TRESPASSING; SECTION 6-3-9(A), REGARDING PUBLIC
URINATION; SECTION 6-3-11, REGARDING UNLAWFUL SALE AND POSSESSION OF
ILLEGAL SMOKING PRODUCTS; SECTION 6-4-3, REGARDING MINOR IN POSSESSION
OF ALCOHOLIC BEVERAGE; SECTION 6-4-4, REGARDING MINORS IN POOL HALLS;
SECTION 6-4-5, REGARDING ENCOURAGING DELINQUENCY; SECTION 6-4-6,
REGARDING RUNAWAYS AND DELINQUENTS; SECTION 7-1-1, REGARDING
ADOPTION OF STATE VEHICLE LAWS; SECTION 7-1-6(C), REGARDING SPEED
RESTRICTIONS IN SCHOOL ZONES; ADOPTING A SAVINGS CLAUSE; AND
PROVIDING AN EFFECTIVE DATE.
WHEREAS, in its 2015 session, the Idaho Legislature passed the Idaho Transparent and
Ethical Government Act, codified at Title 74, Idaho Code, which renumbers the Idaho Public Records
Act, Open Meetings laws, and Ethics in Government Act, thereby necessitating an update to references
thereto in Meridian City Code;
WHEREAS, in its 2015 session, the Idaho Legislature passed updates to Idaho Code sections
20-549 (regarding curfew violations), 39-2609 (regarding fireworks sales and use violations), and 39-
5703 (regarding possession and distribution of tobacco by minors), which reclassify violations of these
provisions from misdemeanors to infractions;
WHEREAS, the Public Defense subcommittee of the Idaho Criminal Justice Commission has
recommended that certain provisions of Idaho municipalities' city codes currently designated as
misdemeanors be reclassified as infractions, in an effort to address public defender workload and jail
overcrowding;
WHEREAS, the City Attorney's Office has recommended that additional enumerated penalties
under Meridian City Code that are currently classified as misdemeanors be reclassified as infractions,
and that some regulations that are now redundant with provisions of Idaho Code be repealed;
WHEREAS, the City Council of the City of Meridian finds that it is in the best interest of the
health, safety, and welfare of the people of Meridian to update the following provisions of Meridian
City Code to be consistent with these recommendations and changes in Idaho Code;
NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY COUNCIL OF THE
CITY OF MERIDIAN, ADA COUNTY, IDAHO:
2015 LEGISLATION CITY CODE UPDATES PAGE I OP 5
Section 1. That Meridian City Code section 1-7-5(C), regarding City Council meetings, shall
be amended as follows:
C. Open Meetings: Meetings of the city council shall be open to the public pursuant to Title 74
Chapter 2, Idaho Code section 67 '� "
X41 et-sN,
Section 2. That Meridian City Code section 1-14-7, regarding statutory standards, shall be
amended as follows:
1-14-7: STATUTORY STANDARDS:
There are eei4aia provisions in the eriminal statutes of the state which shoHid, While not set forth h0fei
but ineeTperated herein, be eansidefed an integral part of this chaptef. Aeeorclingly, the proN4sieas e
the follo..A,,, sections of trah Code-, The Idaho Transparent and Ethical Government Act, as may
be amended, are is hereby incorporated herein by this reference and made a part of this chapter and
shall apply to the mayor, all council members, board members, committee members, commission
members, or employees of the city, whenever applicable.-.
Section 3. That Meridian City Code section 6-4-1(D), regarding juvenile curfew, shall be
amended as follows:
D. Penalty For Parent Or Guardian: Any parent, guardian, or other adult person having the care and
custody of any person under the age of eighteen (18) years who shall violate the provisions of this
section, upon conviction thereof, shall be subject to penalty as provided in Idaho Code section 20 -
Section 4. That Meridian City Code section 6-4-2, regarding minors in possession of cigarettes
or tobacco, shall be repealed.
2015 LEGISLATION CITY CODE, UPDATES PAGE 2 of 5
Section 5. That Meridian City Code section 5-4-12(A), regarding penalties for fireworks code
violations, shall amended as follows:
A. It shall be unlawful for any person, firm or corporation to violate any of the provisions of this
chapter. Any violation thereof shall constitute an infraction and shall be punishable by a fine of one
hundred dollars ($100)^ ^a� ' ^' ' ^''�' •• ^ aI
Section 6. That Meridian City Code section 6-2-8(A), regarding barking dogs, shall be
amended as follows:
A. Barking Dog: It shall be unlawful for any dog owner to permit a dog owned by such person to carry
on excessive, continuous or untimely barking or noise. A violation of this subsection shall constitute an
infraction punishable by a fine of one hundred dollars ($100 00)
of ______ ______d_d d___a_., ($300.00) and ninety (9 0) .. Jam..
Section 7. That Meridian City Code section 6-2-8(B), regarding cruelty to animals, shall be
repealed.
Section 8. That Meridian City Code section 6-2-8(D), regarding dog at large in public place,
shall be amended as follows:
D. Dog At Large In Public Place: Except as otherwise allowed by law, it shall be unlawful for any dog
owner to allow or cause any dog owned by such person to be or remain in any public place, unless
such dog is controlled by a leash not exceeding six feet (6) in length. A person's first violation of this
subsection shall constitute an infraction punishable by a fine of twenty five dollars ($25.00). A person's
second violation of this subsection shall constitute an infraction punishable by a fine of fifty dollars
($50.00). A person's third violation of this subsection shall constitute an infraction punishable by a fine
of one hundred dollars ($100.00)
($300.00) and nines• i00'rn� . The animal control officer may seize and impound any dog found
in violation of this subsection.
Section 9. That Meridian City Code section 6-3-1, regarding adoption of Title 18, Idaho Code,
shall be repealed.
Section 10. That Meridian City Code section 6-3-4, regarding malicious injury to property,
shall be repealed.
Section 11. That Meridian City Code section 6-3-5, regarding trespassing, shall be repealed.
Section 12. That Meridian City Code section 6-3-9(A), regarding public urination, shall be
amended as follows:
A. To promote and protect the public health of the inhabitants of the city of Meridian it shall be an
infraction punishable by a fine of one hundred dollars$10( 0 00)sde eano,- for any person to
excrete human waste upon the ground within the corporate city limits.
Section 13. That Meridian City Code section 6-3-11, regarding unlawful sale and possession of
illegal smoking products, shall be repealed.
2015 LEGISLATION CITY CODE UPDATES PAGE 3 OF 5
Section 14. That Meridian City Code section 6-4-3, regarding minor in possession of alcoholic
beverage, shall be repealed.
Section 15. That Meridian City Code section 6-4-4, regarding minors in pool halls, shall be
repealed.
Section 16. That Meridian City Code section 6-4-5, regarding encouraging delinquency, shall
be repealed.
Section 17. That Meridian City Code section 6-4-6, regarding runaways and delinquents, shall
be repealed.
Section 18. That Meridian City Code section 7-1-1, regarding adoption of state vehicle laws,
shall be repealed.
Section 19. That Meridian City Code section 7-1-6(C), regarding speed restrictions in school
zones, shall be repealed.
Section 20. All City of Meridian ordinances, or resolutions, or parts thereof, which are in
conflict herewith, are hereby repealed.
Section 21. That this ordinance shall be effective immediately upon its passage and
publication. , c�
PASSED by the City Council of the City of Meridian, Idaho, this j" day of June, 2015.
APPROVED by the Mayor of the City of Meridian, Idaho, this day of June, 2015.
APPROVED: 4200 On TED.,Lw3T 9 ATTEST:
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0 /9 cityw
Tammy d, Mayor
SEAL
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Z'4' IDEASUP�'
City Cleric
2015 LEGISLATION CITY CODE UPDATES PAGE 4 OF 5
NOTICE AND PUBLISHED SUMMARY
OF ORDINANCE PURSUANT TO I.C. § 50-901(A)
CITY OF MERIDIAN ORDINANCE NO. 15- &VI
AN ORDINANCE OF THE CITY OF MERIDIAN IN ADA COUNTY, IDAHO, AMENDING
OR REPEALING THE FOLLOWING PROVISIONS OF MERIDIAN CITY CODE: SECTION
1-7-5(C), REGARDING CITY COUNCIL MEETINGS; SECTION 1-14-7, REGARDING
STATUTORY STANDARDS; SECTION 6-4-1(D), REGARDING JUVENILE CURFEW;
SECTION 6-4-2, REGARDING MINORS IN POSSESSION OF CIGARETTES OR
TOBACCO; SECTION 5-4-12(A), REGARDING PENALTIES FOR FIREWORKS CODE
VIOLATIONS; SECTION 6-2-8(A), REGARDING BARKING DOGS; SECTION 6-2-8(B),
REGARDING CRUELTY TO ANIMALS; SECTION 6-2-8(D), REGARDING DOG AT
LARGE IN PUBLIC PLACE; SECTION 6-3-1, REGARDING ADOPTION OF TITLE 18,
IDAHO CODE; SECTION 6-3-4, REGARDING MALICIOUS INJURY TO PROPERTY;
SECTION 6-3-5, REGARDING TRESPASSING; SECTION 6-3-9(A), REGARDING PUBLIC
URINATION; SECTION 6-3-11, REGARDING UNLAWFUL SALE AND POSSESSION OF
ILLEGAL SMOKING PRODUCTS; SECTION 6-4-3, REGARDING MINOR IN POSSESSION
OF ALCOHOLIC BEVERAGE; SECTION 6-4-4, REGARDING MINORS IN POOL HALLS;
SECTION 6-4-5, REGARDING ENCOURAGING DELINQUENCY; SECTION 6-4-6,
REGARDING RUNAWAYS AND DELINQUENTS; SECTION 7-1-1, REGARDING
ADOPTION OF STATE VEHICLE LAWS; SECTION 7-1-6(C), REGARDING SPEED
RESTRICTIONS IN SCHOOL ZO ADOPTING A SAVINGS CLAUSE; AND
PROVIDING AN EFFECTIVE DATE, Jn'r''`b�
ts
Cit ofM idian N�-
Mayor and City Council By: Jaycee Holman, City Clerk
First Reading:
Adopted after first reading by suspension of the Rule as allowed pursuant to
Idaho Code § 50-902: YES i% NO
Second Reading: --•
Third Reading: ---
STATEMENT OF MERIDIAN CITY ATTORNEY AS TO / 7
ADEQUACY OF SUMMARY OF ORDINANCE NO. 15- A� /
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- /6 q%
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 _I day of �, 2015.
William L.M.
City Attorney
2015 LEGISLATION CITY CODE UPDATES PAGE 5 OF 5