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19-1828 Vehicle Immobilization City Code 3-3-1(B)CITY OF MERIDIAN ORDINANCE NO. 19-1828 BY THE CITY COUNCIL: BERNT, BORTON, CAVENER, LITTLE ROBERTS, MILAM, PALMER AN ORDINANCE AMENDING MERIDIAN CITY CODE SECTION 3-3-1(B), REGARDING THE DEFINITION OF VEHICLE IMMOBILIZATION; ADOPTING A SAVINGS CLAUSE; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, under Idaho Code section 49-1819 and Article XII, section 2, Idaho Constitution, municipalities are duly authorized to establish regulations not in conflict with the general laws, including Idaho Code sections 49-1806(1), authorizing property owners to boot vehicles where the property is posted with notice that unauthorized vehicles may be booted at the owner's expense; WHEREAS, the City Council of the City of Meridian seeks by this ordinance to establish consistency and clarity in regulation of vehicle immobilization; protect public safety, consumer interests, and property; and institute due process protections; and WHEREAS, the City Council of the City of Meridian finds that the following ordinance is necessary to protect the public health, safety, and welfare; NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF MERIDIAN, IDAHO: Section 1. That Meridian City Code section 3-3-1(B) shall be amended as follows: B. VEHICLE IMMOBILIZATION: the impounding, incapacitating, or immobilizing of any vehicle, whether motorized or not, without the permission of the owner or agent of the owner of the vehicle, by the use of any device, wheel clamp, object, bagel, boot, mechanism, or method, whether attached to the vehicle or not, that does not allow the owner of the vehicle, or his or her authorized agent, to freely or lawfully move the vehicle from the place where it is immobilized; the removal of such device; and/or the demand, acceptance, or processing of payment for, or other transaction related to, such actions or services. Section 2. That all ordinances, resolutions, orders, or parts thereof or in conflict with this ordinance are hereby voided. Section 3. That this ordinance shall be effective immediately upon its passage and publication. 2019. PASSED by the City Council of the City of Meridian, Idaho, this 28 day of May, APPROVED by the Mayor of the City of Meridian, Idaho, this 28�"day of May, 2019. VEHICLE IMMOBILIZATION ORDINANCE PAGE I APPROVED: ATTEST: Tammy , Mayor C o —,hrterim City Clerk STATEMENT OF MERIDIAN CITY ATTORNEY AS TO ADEQUACY OF SUMMARY OF ORDINANCE NO. 19-1828 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. 19-1828 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 2,8� day of MOAA , 2019. u William L.M. Nary, City Attorney NOTICE AND PUBLISHED SUMMARY OF ORDINANCE PURSUANT TO I.C. § 50-901(A) CITY OF MERIDIAN ORDINANCE NO. 19-1828 An ordinance amending Meridian City Code section 3-3-1(B), regarding the definition of vehicle immobilization; adopting a savings clause; and providing an effective date. rty of a—n Mayo d City Council By: Chris Johnson, Interim City Clerk First Reading: 5-255- -_/f Adopted after first reading by suspension of the rule as allowed pui cant to Idaho Code § 50-902: YES NO Second Third Reading: /A - VEHICLE IMMOBILIZATION ORDINANCE PAGE 2 351462 1907311 1 MERIDIAN, CITY OF 33 E. BROADWAY AVENUE MERIDIAN ID 83642 AFFIDAVIT OF PUBLICATION STATE OF IDAHO ) )SS. County of Ada ) Sharon Jessen of Nampa, Canyon County, Idaho, being first duly sworn, deposes and says: 1. That I am a citizen of the United States, and at all times hereinafter mentioned was over the age of eighteen years, and not a party to the above entitled action. 2. That I am the Principle Clerk of the Meridian Press, a weekly newspaper published in the City of Meridian, in the County of Ada, State of Idaho; that the said newspaper is in general circulation in the said County of Ada, and in the vicinity of Meridian, and has been uninterruptedly published in said County during a period of seventy-eight consecutive weeks prior to the first publication of this notice, a copy of which is hereto attached. 3. That the notice, of which the annexed is a printed copy, was published in said newspaper 1 time(s) in the regular and entire issue of said paper, and was printed in the newspaper proper, and not in a supplement. That said notice was published the following: 06/07/2019 STATE OF IDAHO County of Canyon) On this 7th day of June in the year of 2019 before me a Notary Public, personally appeared. Sharon Jessen, known or identified to me to be the person whose name is subscribed to the within instrument, and being by me first duly sworn, declared that the statements therein are true, and acknowledge to me that he/she execult the same. Notary Public for Idaho Residing at Canyon County ���nnn►rr My Commission expires 06/218/202,EN R. N%c�oi,