20-1898 City Code Amendment Mobile Sales and Vehicle Immobilization regulations on background checks Item#7.
CITY OF MERIDIAN ORDINANCE NO. 20-1898
BY THE CITY COUNCIL: BERNT, BORTON, CAVENER,
HOAGLUN, PERREAULT, STRADER
AN ORDINANCE AMENDING MERIDIAN CITY CODE SECTION 3-4-2(A)(5)(D),
REGARDING CRIMINAL HISTORY DISQUALIFYING APPLICANTS FOR MOBILE
SALES UNIT LICENSE; AMENDING MERIDIAN CITY CODE SECTION 3-3-2(C),
REGARDING CRIMINAL HISTORY DISQUALIFYING APPLICANTS FOR VEHICLE
IMMOBILIZATION LICENSE; ADOPTING A SAVINGS CLAUSE; AND PROVIDING
AN EFFECTIVE DATE
WHEREAS,the City Council of the City of Meridian seeks by this ordinance to
establish consistency and clarity in regulation of mobile sales unit and vehicle immobilization
licensing applicants, and protect public safety, consumer interests, and property;
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 3-4-2(A)(5)(d) shall be amended as follows:
3-4-2: MOBILE SALES UNITS:
A. License and/or Permit Requirements: It shall be unlawful for any person to operate, allow
the operation of, or act as a mobile sales unit without each and all of the following licenses,
permits, and/or certifications:
5. A City of Meridian mobile sales unit license.
d. The city clerk shall deny an application for a mobile sales unit license where:
(1) The application is incomplete or required application materials or fees have not been
submitted within thirty(30) days from receipt of a partial application;
(2) Investigation of such application or application materials reveals that provided
information is invalid, false, or incomplete; or
(3) Tnezappheant has been Eenvieted-af-
(A) A violation of . . a of this seetion within the five (5) ye
oa;r the date � >,,,,,;ss;on of the ., rhea4ie
pr-eeMOBILE SALES AND VEHICLE IMMOBILIZATION LICENSE CRIMINAL HISTORY DISQUALTIERS PAGE page 145
Item#7.
applieant does not seek to operate a motor-vehiele while operating or aeting as a
mobile sales unit.
(C) A misdemeanor-ehar-ge of driving under-the influenee of aleohol or-drugs
within the five (5) years pr-eeeding the date of submission of the applieatiefl, of
felony ehar-ge of driving under-the influenee of aleohol or-drugs within the ten
(10) years pr-eeeding the date of submission of the applieation, exeept that stleh
eenvietion shall not be grounds for-denial where the applieant does not seek to
operate a motor-vehiele while operating or-aeting as a mobile sales tm
(D) Any misdemeanor-ehar-ge involving theft or fraud within the five (5) years
pr-eeeding the date of submission of the applieation, or-any felony ehar-ge of theft
E)r-ftuud within the fifteen (15) years preeeding the date of submission of the
applieati
(E) A misdemeanor ehar-ge of battery, sjsatilt, domestic battery OrisSft ti,
harassment,telephone stalking,
battery, or-violation of a pr-oteetiVe order-within the five
(5) years preeeding the date of submission of the applieation, or-a felony eharge
of assault, assault, > stalking,
or-
violation of a proteetive order-within the ten (10) years preeeding the date o
s4mission of the applieation.
«�) An, c iri,� ; �lvin-, related to, fireafms or other-weapons.
anWor-other vulnerable persons.-
C147 A ; olving, „ related t9,pr-vscrccrtierr niacc2n exposure, obseene
eonduet, o notheir sexual
(1) An,
.1 1 — of ted to .1,ugs o ;llie t s4st.,nees
(4) The applieant is or at any time has been required by any law Or legal ofder-to r-egiStef
as a sex off ader
(3) Within the five (5) years preceding the date of submission of the application, the
applicant has been convicted of, or has completed a sentence of incarceration for, any of
the following crimes, or any probation or parole violation related to such conviction:
(A)A violation of any provision of this chapter.
(B) Any misdemeanor charge involving theft or fraud, except that a conviction of,
or completion of a sentence of incarceration for, petit theft shall not be grounds
for denial.
(C)Any misdemeanor charge of battery, assault, domestic battery or assault,
telephone harassment, stalking, or violation of a protective order.
(D) Any misdemeanor charge involving, or related to, a child or children, elderly
persons, and/or other vulnerable persons, except that a conviction of, or
completion of a sentence of incarceration for, a first offense misdemeanor charge
of injury to child shall not be ,grounds for denial.
(E)Any crime involving, or related to,use of or possession of drugs or illicit
substances.
(4) Within the ten (10) years preceding the date of submission of the application, the
applicant has been convicted of, or has completed a sentence of incarceration for, any of
the following crimes, or any probation or parole violation related to such conviction:
MOBILE SALES AND VEHICLE IMMOBILIZATION LICENSE CRIMINAL HISTORY DISQUALTIERS PAGE page 146
Item#7.
(A) any felony charge of theft or fraud.
) Any felony charge of battery, assault, domestic battery or assault, telephone
harassment, stalking, or violation of a protective order.
(C)Any felony crime involving, or related to, a child or children, elderly persons,
and/or other vulnerable persons, except that a conviction for a felony sex crime
shall disqualif the he applicant as set forth below.
(5)At any time preceding the date of submission of the application, the applicant has
been convicted of any of the following crimes:
(A)Any charge involving, or related to firearms or other weapons, except that a
conviction related to carrying a concealed weapon shall not be grounds for denial.
(B) Any charge involving, or related to a crime against any person, whether minor
or adult, involving, or related to, sexual abuse, sexual assault, prostitution,
indecent exposure, obscene conduct, or any other sexual conduct or activity_
(C) Murder; manslaughter; rape; kidnapping; robbery; arson; fraud; or
manufacturing_, delivery, or trafficking drugs or illicit substance(s).
(D)Any crime resulting in the requirement by any law or legal order that the
applicant register as a sex offender.
Section 2. That Meridian City Code section 3-3-2(C) shall be amended as follows:
C. Denial: The City Clerk shall deny an application for a vehicle immobilization license where:
1. The application is incomplete;
2. The applicant is under eighteen (18) years of age;
3. Investigation of such application or application materials reveals that provided
information is invalid, false, or incomplete; or
4. The a plie „t has been, etoa fang of the following:
driving,a. A violation of an )f this ehapter-within the five (5) yeafs pr-eeeding
the date of-submissi iliemien.
b. A violation of any leeal law !hiele immobilization within the five
>
the five (5) years pr-eeeding the date of submission of the appheatieft.
within the five (5) years pr-eeeding the date of s4mission of the applieation, or-a
felony ehar-ge of driving tinder-the influenee of aleehol or-dmgs within the ten
(!0) years pr-eeeding the date of submission of the appliemien.
e. Any misdemeanor-ehar-ge involving theft or-fraud within the five (5) years
pr-eeediag the date of submission of the appliea4ien, or-a-By felony ehar-ge of theft
or-fta-ud within the fifteen (15) years pr-eeeding the date of submission of the
,.I; .,t e
r
MOBILE SALES AND VEHICLE IMMOBILIZATION LICENSE CRIMINAL HISTORY DISQUALTIERS PAGI;, Page 147
Item#7.
battery,f A misdemeanor- charge of > >
battery,telephone har-assment, stalking, or-,violation of a pr-oteetive order-within the five
(5) years pr-eeeding the date of submission of the applieation, or a felony ehar-ge
of or-
assault, assault, telephone harassment, stalking,
violation of a pr-oteetive order-within the ten (10) years preceding the date o
s4mission of the applieation.
g. Any erime involving, or-related to, fir-eafms OF other-weapons.
h dime involving,ing, related-to, a EE�1iid or- e iildr-en, elderly per-sonss-ikndlor
other vulnerable per-sons.
i Any er-ifne involving, related t6,r-ostitlition,i deeent expostwe, obseene
eenduct, or-other-sexual eonduet or-aetivity.
k The zapplieant is or at any time has been required by any law el-legal order-to
register-as a se* offen4er-.
4. Within the five (5)years preceding the date of submission of the application, the
applicant has been convicted of, or has completed a sentence of incarceration for, any of
the followiniz crimes, or any probation or parole violation related to such conviction:
(A)A violation of any provision of this chapter.
(B) Any misdemeanor charge involving theft or fraud, except that a conviction of,
or completion of a sentence of incarceration for, petit theft shall not be ogres
for denial.
(C) Any misdemeanor charge of battery, assault, domestic battery or assault,
telephone harassment, stalking, or violation of a protective order.
(D) Any misdemeanor charge involving, or related to, a child or children, elderly
persons, and/or other vulnerable persons, except that a conviction of, or
completion of a sentence of incarceration for, a first offense misdemeanor charge
of injury to child shall not be grounds for denial.
(E)Any crime involving, or related to,use of or possession of drugs or illicit
substances.
5. Within the ten (l0) years preceding the date of submission of the application, the
applicant has been convicted of, or has completed a sentence of incarceration for, any of
the following crimes, or any probation or parole violation related to such conviction:
(A) any felony charge of theft or fraud.
(B) Any felony charge of battery, assault, domestic battery or assault, telephone
harassment, stalking, or violation of a protective order.
(C) Any felony crime involving, or related to, a child or children, elderly persons,
and/or other vulnerable persons, except that a conviction for a felony sex crime
shall disqualify the applicant as set forth below.
6. At an.. t�preceding the date of submission of the application, the applicant has been
convicted of any of the following crimes:
(A) Any charge involving, or related to firearms or other weapons, except that a
conviction related to carrying a concealed weapon shall not be grounds for denial.
MOBILE SALES AND VEHICLE IMMOBILIZATION LICENSE CRIMINAL HISTORY DISQUALTIERS PAGE page 148
Item #7.
B An charge involving, r related t� ��_g r v g, o r at d o a creme against any person, whether minor
or adult, involving, or related to , sexual abuse, sexual assault, prostitution,
indecent exposure, obscene conduct, or any other sexual conduct or activity.
(C) Murder; manslaughter; rape; kidnapping; robbery, arson; fiaud ; or
manufacturing, delivery, or trafficking drugs or illicit substance(s) .
(D) Any crime resulting in the requirement by any law or legal order that the
applicant register as a sex offender.
Section 3 . That all ordinances , resolutions, orders , or parts thereof or in conflict with this
ordinance are hereby voided.
Section 4 . 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 October,
2020 . �
APPROVED by the Mayor of the City of Meridian, Idaho, this I3 day of October,
2020 .
APPROVED : ATTEST .
Aoi . Si son, Mayor s Jo o , 13jty Clerk
STATEMENT OF MERIDIAN CITY ATTORNEY AS TO
ADEQUACY OF SUMMARY OF ORDINANCE NO, 204898
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 . 20- 1898 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 day of October, 2020 .
William L.M . Nary, City Attorney
MOBILE SALES AND VEHICLE IMMOBILIZATION LICENSE CRIMINAL HISTORY DISQUALIFIERS PAGE Fa e 149
Item#7.
NOTICE AND PUBLISHED SUMMARY
OF ORDINANCE PURSUANT TO I.C. § 50-901(A)
CITY OF MERIDIAN ORDINANCE NO. 20-1898
An ordinance amending Meridian City Code section 3-4-2(a)(5)(d), regarding criminal history
disqualifying applicants for Mobile Sales Unit License; amending Meridian City Code section 3-
3-2(c), regarding criminal history disqualifying applicants for Vehicle Immobilization License;
adopting a savings clause; and providing an effective date.
First Reading:
Adopted after first reading by suspension of
the rule as allowed pursuant to Idaho Code
City of Meridian § 50-902: YES NO
Mayor and City Council Second Reading:
By: Chris Johnson, City Clerk Third Reading:
MOBILE SALES AND VEHICLE IMMOBILIZATION LICENSE CRIMINAL HISTORY DISQUALIFIERS PAGE page 150
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10/19/20 21410 STATEMENT OF MERIDIAN
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ADRIENNE WEATHERLY ORDINANCE NO.20-1898
1 MERIDIAN, CITY OF The undersigned, William
33 E. BROADWAYAVENUE L.M.Nary, City Attorney of the
MERIDIAN, ID 83642 City of Meridian, Idaho, here-
by certifies that he is the legal
advisor of the City and has re-
viewed a copy of the attached
Ordinance no. 20-1898 of the
City of Meridian, Idaho, and
has found the same to be true
AD# DESCRIPTION START STOP TIMES AMOUNT and complete and provides
adequate notice to the public
41853 ORD 20-1898 10/23/20 10/23/20 1 $25.72 pursuant to Idaho Code §50-
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DATED this 13th day of
October,2020.
William L.M.Nary,
City Attorney
October 23,2020 41853
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AFFIDAVIT OF PUBLICATION
STATE OF IDAHO
County of Ada
21410 41853
1 MERIDIAN, CITY OF SHARON JESSEN
of the State of Idaho, being of first duly sworn, deposes
33 E. BROADWAY AVENUE and says:
MERIDIAN, ID 83642 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.
LEGAL NOTICE 2.1hat I am the Principle Clerk of the Meridian Press,
STATEMENT OF MERIDIAN CITY ATTORNEY AS TO a weekly newspaper published ublished in the State of Idaho;
ADEQUACY OF SUMMARY OF
ORDINANCE N0.20-1898 eT that the said newspaper a is in general circulation in the
d county of Ada, and in the vicinity of Meridian,
The undersigned, William sal
L.M. Nary, City Attorney of the Idaho and has been uninterruptedly published in said
City of Meridian, Idaho, here-
by certifies that he is the legal Count during period of t ei ht consecutive
advisor of the City and has re- Y g a P seventy g
viewed a copy of the attached weeks prior to the first publication of this notice, a
Ordinance no. 20=1898 of the
City of Meridian, Idaho, and copy of which is hereto attached,
has found the same to be true
and complete and provides 3.That the notice, of which the annexed is a printed
adequate notice to the public
pursuant to Idaho Code § 50- copy, was published in said newspaper 1 times(s)
901 A(3).
DATED this 13th day of in the regular and entire issue of said paper, and
October, 2020, was printed in the newspaper proper, and not in a
William L.M. Nary, supplement
City Attorney
October 23, 2020 41853
AD# 41853
That said notice was published the following; 10/23/2020
SHARON JES N
STATE OF IDAHO
County of Canyon and Ada
On this 29th day of October, in the year of 2020 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 executed the same.
is
quo*
410
Notary Public of Idaho ods
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