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19-1851 Amending City Code Section 13-2-9(B) Ejectment from City ParksCITY OF MERIDIAN ORDINANCE NO. 19-1851 BY THE CITY COUNCIL: BERNT, BORTON, CAVENER, LITTLE ROBERTS, MILAM, PALMER AN ORDINANCE AMENDING MERIDIAN CITY CODE SECTION 13-2-9(B), REGARDING EJECTMENT FROM CITY PARKS; ADOPTING A SAVINGS CLAUSE; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, it is currently a misdemeanor for any person ejected from the park to fail to leave, or to return to the park on the same calendar day of his ejectment, and it is the recommendation of the Meridian Parks & Recreation Department and the Meridian Police Department that such violation be charged as an infraction instead; and WHEREAS, the Mayor and City Council find that it is in the best interest of the public to implement such recommendations; NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF MERIDIAN, IDAHO: Section 1. That Meridian City Code section 13-2-9(B) is hereby amended to read as follows: B. Ejectment: A police officer, the Director or a duly authorized City of Meridian representative, shall have the authority to eject from the p ly a City Park, as defined in this chapter, any person acting in violation of this chapter. Any person ejected from the p a Ci1y Park shall leave promptly and peaceably and shall not return to the pthe City Park for any reason on the same calendar day of his ejectment. It shall be unlawful for any person ejected from the park to fail to leave promptly and peaceably, or to return to the p the Cily Park on the same calendar day of his ejectment. A violation of this provision shall be an infraction, punishable by penally of fifty dollars ($50.00) 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. PASSED by the City Council of the City of Meridian, Idaho this I lT day of September, 2019. APPROVED by the Mayor of the City of Meridian, Idaho, this IU- • day of September, 2019. APPROVED: Tammy de rd, Mayor ATTEST: 0 Wily of W IZIDIAN-- SEAL `eTaF^' ORDINANCE UPDATING PARK EJECTMENT CODE PAGE 1 STATEMENT OF MERIDIAN CITY ATTORNEY AS TO ADEQUACY OF SUMMARY OF ORDINANCE NO. 19-1851 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 the following summary of Ordinance No. 19- 1851 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 104" day of �j,m , 2019. ). I- --- A I William L.M. Nary, City Attorn NOTICE AND PUBLISHED SUMMARY OF ORDINANCE PURSUANT TO I.C. § 50-901(A) CITY OF MERIDIAN ORDINANCE NO. 19-1851 An ordinance amending Meridian City Code section 13-2-9(B), regarding ejectment from city parks; adopting a savings clause; and providing an effective date. A full text of this ordinance is available for inspection at Meridian City Hall, 33 E. Broadway Avenue, Meridian, Idaho. This ordinance shall be effective upon its passage and publication. of re or and By: Chris J, Council )n, City Clerk First Reading: �-lo '/ Adopted after first reading by suspension of the rule as allowed pursuant to Idaho Code § 50-902: YES NO Second Reading- A Third Reading: JQ ORDINANCE UPDATING PARK EJECTMENT CODE PAGE 2 351462 1946147 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: 09/20/2019 *STATE OF IDA County of Canyon On this 20th day of Septemberin 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 exec/�y)ed the same. / `..........r� Notary Public for Idaho `�.o�i'o•'' Residing at Canyon County Vi• �pTARy My Commission expires 06/28/2023 `�® - '4UBOP •._cz ..4