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1979 10-01ITEM: 0 AGENDA Meridian City Council October 1, 1979 Minutes of previous meeting APPROVED. 1. Cherry Lane Village Homeowners - Petitions. 0 2. Ada County Trading Co. Conditional Use Hearing - located at SE corner of Fairview Ave. and #. 2 1/2 St., Chapin Subdivision. Car Sales Lot. TABLED. 3. K. Paul Keene Conditional Use Hearing - located at 1123 E. 1st. St. Art/Book Shop. APPROVED. 4. Mar -Mon - Update on landscaping at Southgate. 5. Earl Ward received Class IV Operator License from the Idaho Water and Wastewater Operation Certification Board. 6. Appointed Judges and Election Clerks. 7. Motion to pay Bills. APPROVED. 8. Duane Gress on Construction on Linder Rd. 9. Amended Ordinance No. 343 - Hudson-Mitich #2 corrected legal description. APPROVED. Second Amended Ordinance No. 338 - Water System. APPROVED. Ordinance No. 355 - Traffic rules R regulations. APPROVED. 10. Motion to take under advisement - Final Submittal from DVY in the amount of $5,640.45. APPROVED. Motion to pay Sears for tools for Treatment Plant in the amount of $1,159.05. APPROVED. 11. Marilyn Olmstead - Glennfield Manor #1 - damage to meter boxes and fire hydrants. 12. Motion to pay Ada County Civil Defense for budget share of 1980 in the amount of $619.00. APPROVED. 13. Motion for Bad Debts to be written off in the amount of $135.70. APPROVED. 0 0 Meridian City Hall October 1, 1979 Meeting called to order by Mayor Joseph Glaisyer at 7:34 P.M. Councilmen present: Richard Williams; Marvin Bodine; Bill Brewer; Grant Kingsford, absent. Others present: Bruce Stuart; Roger Sherwin; Roger Welker; Vern Schoen; Art Finnell; Earl Ward; K. Paul Keene; Jim Blevins; John Yoho; Mr. & Mrs. D. E. Lawson Jr.; Brenda Wright; Steve Gratton; Marilyn Olmstead; Patsy Leach; Mr. & Mrs. W. M. Hill; Joy Bulenberg; John W. Cooknell; Jim Potter; Ed Brooks; Harry Hazen. Minutes of previous meeting approved. Aoenda 1 Mayor Glaisyer called for representation of Cherry Lane Village Homeowners. Jack Yoho presented a petition drawn up and signed by 29 of the homeowners. All homeowners present stood upon the presentation of the petition. Petition 1) The Petition listed conditions that the homeowners felt needed attention: Lack of care; standing water, and a request for the City to take direct action to remedy problems. Petition is on file with these minutes. Greek McDonald presented a petition in behalf of home builders, Roger G. Habig, Gary Hunemiller, and McDonald Brothers. Petition 2) The Petition requested the City Council not to renew the present lease unless the leasee will agree to put up a performance bond naming improvements. Petition is on file with these minutes. Agenda 2 Ada County Trading Co. Conditional Use Hearing - located SE corner of Fairview and 2 1/2 St., Chapin Subdivision. Jim Potter, Ed Brooks and Harry Hazen were present requesting a Conditional Use for a Car Sales Lot. Potter stated that they had complied with the Planning and Zoning condition approval of eliminating a curb cut near the west corner. State Highway had acknowleaed confirmed the access would be closed. The drainage pattern modification will be made to drain the site onto 2 1/2 St. Brewer stated that the Conditional Use should be granted only if subject to Ada County Highway District. requirements. Agenda Potter had not seen the letter dated September 24, 1979 from Ada County Highway District listing requirements. He stated that there is no 'proposed sidewalk on the South side of Fairview. The re -design of the access to 2 1/2 St. located to the South boundary of the parcel could cause more of a traffic congestion than leaving where it is. He felt this would noteleviate any congestion of traffic flow. He stated there was some misunderstanding with the Ada County Highway District. The Mayor stated that he felt they should work with Ada County Highway District to clear up the requirements. The Motion was made by Williams and seconded by Bodine that the Conditional Use request for Ada County Trading Co. be tableduntil October 15, 1979. Motion Carried: Williams, yea; Bodine, yea; Brewer, yea. K. Paul Keene Conditional [Ise Hearing. Paul Keene was present and stated the Conditional Use was for a Art/Book Shop at 1123 E. 1st, St. He stated there would be some art lessons and traffic would be very similar as the Window Box. Petition has been signed by neighboring residents and was in order. Williams reminded Keene this would be reviewed on annual basis. There were no other comments. The Motion was made by Brewer and seconded by Bodine to grant the Conditional Use permit to K. Paul Keene Art/Book Shop at 1123 E. 1st. St. �rrle ; Williams,ams Yea; me,Yea; newer,Y ea, 0 Meridian Ci Agenda 4 Mar Mon 2. October 1. 1 John Cooknell was present and displayed an update on Southgate development landscaping. He stated this update was intended as an information message to the Council and broad news the community that they are here. Basically there has been some change in the design: The frontage will not be as straight and givesbetter affect; a birm type design; as much shrubbery and trees as possibly can be worked in; they will be working with Nampa -Meridian Irrigation for landscaping along easement rights. Williams stated that Idaho State Transportation Department is requiring 55 foot center line right-of-way on Highway 69. Fire Chief Welker commented that an "all weather pad" be laid for Fire Truck pumping purposes at the side of the drain ditch. Cooknell suggested the NE corner has direct access and would work with the Fire Department on this. He stated that they hoped they would start project in 30 to 60 days. Brewer thanked Cooknell for the update. Agenda 5 Williams presented Earl Ward with a certificate from the Idaho Water and Wastewater Operators Certification Board. A Class IV (4) Operators License. Williams stated this is the highest classificaiton in the State of Idaho and commended him for his fine achievment. Agenda 6 The selected Judges and Election Clerks were reviewed. The Motion was made by Bodine and seconded by Williams that the following Judges and Election Clerks be appointed: First Precinct: Leona Egbert, Judge Monta Watts, Clerk Hazel Goodwin " Florence Hall " Helen Gibson " Second Precinct: Lova June Pack, Judge Edith Blaine Stemple, Clerk Ann Blaine " Blanche Chipman " Audett H. Brown " Motion Carried: Williams, yea; Bodine, yea; Brewer, yea. Agenda 7 The Bills were read: Voucher Date Purpose Amount 15675 9-30-79 Farmers and Merchants State Bank -Fed Income Tax 2,992.70 15676 9-30-79 Smith, Bailey & Waite Service 2,125.00 15677 9-30-79 Gary Green Janitor 200.00 15678 9-30-79 Vernon Schoen Building 2,599.00 15679 9-30-79 City of Meridian 71.28 15680 9-30-79 Tel -Car, Inc. Police 35.75 15681 9-30-79 Idaho State Tax Commission 696.10 15682 9-30-79 Ada County Highway District 160.00 15683 9-30-79 Ambrose, Fitzgerald & Crookston Attorney 4,910.00 15684 9-30-79 American Water Works Association 32.50 15685 9-30-79 Andy's Supply Wastewater 28.00 15686 9-30-79 Arrowhead Machinery Company Works 66.95 15687 9-30-79 Big 0 Tires Service 140.95 15688 9-30-79 Big M. Upholstery & Draperies Wastewater 45.00 15689 9-30-79 Bill's 66 Service 145.69 15690 9-30-79 Bodine's Sav-On Gas 14.00 15691 9-30-79 Boyd Martin Co. Works 136.60 15692 9-30-79 Brewer Pest Control Service 8.50 15693 9-30-79 Central Office Equipment Supplies 95.55 15694 9-30-79 Century Laboratories Service 6.00 C� Meridian City Hall .3. October 1, 1979 Voucher Date Purpose Amount 15695 9-30-79 Boise, City Sewer Department Wastewater 230.00 15696 9-30-79 Boise Communications Police 65.50 15697 9-30-79 City of Meridian 32.45 15698 9-30-79 Conoco 16,00 15699 9-30-79 Culligan Service 55.00 15700 9-30-79 Harold's Electric Works 81.25 15701 9-30-79 Hoff Building Center Supplies 9.09 15702 9-30-79 IGA Wastewater 1.42 15703 9-30-79 Custom Motorgrading & Leveling Service 64.96 15704 9-30-79 Bobbs-Merrill Campany, Inc. 56,35 15705 9-30-79 Garner's Western Auto 116.03 15706 9-30-79 Idaho Blueprint & Supply Co, Inc, Works 31.75 15707 9-30-79 Idaho Department of Health & Welfare 116.50 15708 9-30-79 Idaho Photo 55.35 15709 Void 15710 9-30-79 International Business Machines Supplies 33.29 15711 9-30-79 Idastries Police 375.15 15712 9-30-79 Intermountain Surgical Supply Fire 11,56 15713 9-30-79 Johnson Equipment Co., Inc. Works 40.36 15714 9-30-79 Kalbus Office Supply Supplies 87,14 15715 9-30-79 K.D,B Enterprises, Inc. Fire 25.00 15716 9-30-79 Lembke Heating Co. Service 74.31 15717 9-30-79 Lester's Uniform -Emblem Co. QRU 317,75 15718 9-30-79 Intermountain Gas Company Service 41.73 15719 9-30-79 Lowery -Miller Wastewater 93.25 15720 9-30-79 Mayne Pump Company Service 223.05 15721 9-30-79 Men's Wardrobe Police 83.28 15722 9-30-79 Meridian Drug Center Supplies 39.43 15723 9-30-79 meridian Lock & Key 7.45 15724 9-30-79 Morrison-Knudsen Co., Inc. Police 157.40 15725 9-30-79 Idaho Power Company Service 6,415.28 15726 9-30-79 Idaho First National Bank 19,160.21 15727 9-30-79 Paul's Conoco Police 61.35 15728 9-30-79 Pay -Less Auto Parts Works 3.29 15729 9-30-79 Ray Pitman Oil Co. 34,70 15730 9-30-79 S&E Auto Parts Supplies 27.13 15731 9-30-79 Sassy Office Systems Works 110.00 15732 9-30-79 Share Corp. Wastewater 62.82 15733 9-30-79 Sheehan's 4.50 15734 9-30-79 Starline Equipment Company Fire 56.28 15735 9-30-79 Sterline Codifiers Inc. Service 386.00 15736 9-30-79 Storey Feed & Seed Co. Supplies 48.55 15737 9-30-79 Tates Wastewater 52.00 15738 9-30-79 Thorne Printing Co. Wastewater 48.75 15739 9-30-79 Terre -Co.. Construction Wastewater 158.00 15740 9-30-79 Tolsma Welding & Repair Wastewater 170.55 15741 9-30-79 Water & Wastewater Equipment Equipment 219.64 15742 9-30-79 J -U -B Engineers, Inc. Engineer 2,595.57 15743 9-30-79 Association of Idaho Cities Insurance 1,311.52 15744 9-30-79 Gibson -Welker Ford Sales, Inc. Service 189.13 15745 9-30-79 G&B Ready Mixed Concrete Sand & Gravel Service 69.14 15746 9-30-79 Zellerbach Paper Company Supplies 92.80 15747 9-30-79 McGraw-Hill Book Company 21.43 15748 9-30-79 Claires Uniform Shop Police 174.15 15749 9-30-79 Sundance Dodge, Inc. Police 1,464.00 15750 9-30-79 General Fire and Safety Equipment Supplies 60.56 15751 9-30-79 Valley News Times, Inc, Service 220.26 15752 9-30-79 Colonial Life & Accident Insurance Co. Insurance 675.00 15753 9-30-79 Boise State University Wastewater 35.00 15754 9-30-79 Idaho First National Bank 18,590.54 15755 9-30-79 Randy Alan Roberts Wastewater 1,198.06 15756 9-30-79 Idaho First National Bank 13,502.43 15757 9-30-79 Meridian QRU 130.00 15758 9-30-79 Randy Alan Roberts Wastewater 238.91 15759 9-30-79 Datafax Business Equipment Equipment 2,699.95 15760 9-30-79 State of Idaho -Dept. of Labor and Indus. Svcs. Service 1,723.63 15761 9-30-79 Mountain Bell Service 836.34 15762 9-30-79 Farmer's Brothers Coffee Supplies 57.80 15763 9-30-79 Tradex/I M L 26.98 15764 9-30-79 Public Retirement System of Idaho 3,745.64 0 0 Meridian City Hall .4. October 1, 1979 Voucher Date Purpose Amount 15765 9-30-79 Sumner Johnson Engineer 1.00 15766 9-30-79 Larry Scarborough -City of Meridian Police 4.08 15767 9-30-79 Norman Williams -City of Meridian Police 6.91 15768 9-30-79 Kevin Dale Robertson Police 26.19 15769 9-30-79 Terry L. Tipton -City of Meridian Police 19.24 15770 9-30-79 Joseph L. Glaisyer Mayor 536.22 15771 9-30-79 Marvin R. Bodine Councilman 89.37 15772 9-30-79 Bill C. Brewer Councilman 89.37 15773 9-30-79 Grant Paul Kingsford Councilman 89.37 15774 9-30-79 Richard C. Williams Councilman 89.37 15775 9-30-79 LaWana L. Niemann City Clerk 839.94 15776 9-30-79 Pamela Jane Wallace Clerk Typist 233.12 15777 9-30-79 Mary Jane Breshears Clerk Typist 503.09 15778 9-30-79 Tamera Perkins Clerk Typist 403.63 15779 9-30-79 Judy Ann Byers Clerk Typist 388.86 15780 9-30-79 Lynette Peters Clerk Typist 92.36 15781 9-30-79 John 0. Fitzgerald Attorney 148.89 15782 9-30-79 Jean E. Moore Clerk Typist -P 501.38 15783 9-30-79 Rick Richardson Police 870.33 15784 9-30-79 Larry V. Scarborough Police 777.45 15785 9-30-79 Norman Woody Williams Police 967.09 15786 9-30-79 Kevin Dale Robertson Police 886.51 15787 9-30-79 Terry Lynn Tipton Police 890.20 15788 9-30-79 Mark Shaver Police 630.38 15789 9-30-79 Gene N. Trakel Police 740.58 15790 9-30-79 John Glen Jones Police 343.97 15791 9-30-79 Jasper (Rick) Harmon Police 19.71 15792 9-30-79 Richard P. Donahue Dog Catcher 491.71 15793 9-30-79 Roger Sherwin Police Chief 988.98 15794 9-30-79 Roger L. Welker Fire Chief 199.06 15795 9-30-79 Raymond Lee Voss Fire Marshall 708.10 15796 9-30-79 Bruce D. Stuart Works 935.30 15797 9-30-79 Dewey Richard Davis Works 710.68 15798 9-30-79 Tim R. Greeson Works 537.16 15799 9-30-79 Carol Long Schultz Clerk Typist -W 295.39 15800 9-30-79 Ann M. Kiebert Treasurer 684.20 15801 9-30-79 Lana Sue Roberts Clerk Typist 419.53 15802 9-30-79 Pamela Kay Johnston Clerk Typist 394.63 15803 9-30-79 Wilma L. Garner Clerk Typist 146.24 15804 9-30-79 John Earl Ward Wastewater 1,045.58 15805 9-30-79 Frederick Harry Putzier Wastewater 644.22 15806 9-30-79 David Douglas Knifong Wastewater 358.03 15807 9-30-79 Kris K. Jennison Wastewater 273.41 15808 9-30-79 Dan D. Grogg Wastewater 53.62 15824 9-30-79 U.S. Post Office Postage 220,87 15827 9-30-79 Vernon Schoen Building 2,466.50 15831 9-30-79 Pamela Jane Wallace Janitor 200.00 15832 9-30-79 State of Idaho -Dept of Revenue & Taxation 707.80 15833 9-30-79 Association of Idaho Cities -Group Insurance Insurance 1,063.79 15834 9-30-79 ABC Stamp Co. Supplies 47.00 15835 9-30-79 Ace Hardware Wastewater 120.59 15836 9-30-79 Ada County Environmental Office Service 898.60 15837 9-30-79 Ada County Highway District Service 20.00 15838 9-30-79 Bodine Oil Company, Inc, 2,400.00 15839 9-30-79 Association of Idaho Cities 3.75 15840 9-30-79 Big M Upholstery & Draperies Police 45.00 15841 9-30-79 Bill's 66 Service 91.91 15842 9-30-79 Bisco Works 39.00 15843 9-30-79 Boise Communications Police 134.46 15844 9-30-79 Brewer Pest Control Service 8.50 15845 9-30-79 CTM Service 73.75 15846 9-30-79 Central Office Equipment Supplies 45.95 15847 9-30-79 City of Meridian 32.45 15848 9-30-79 Central District Health Department Service 500.00 15849 9-30-79 Co -Operative Oil Association 22.98 15850 9-30-79 Culligan Water Conditioning Service 10.00 15851 9-30-79 Foodtown 41.51 15852 9-30-79 Entenmann-Rovin Co. Police 259.32 15853 9-30-79 Envirotech Sparling Supplies 190.62 15854 9-30-79 Farm Store Wastewater 209.07 0 • Meridian City Hall .5. October 1, 1979 Voucher Date Purpose Amount 15855 9-30-79 Farmer Brothers Coffee Supplies 45.60 15856 9-30-79 Datafax Business Equipment Supplies 48.00 15857 9-30-79 Fence Mart Co. Dog Pound 282.00 15858 9-30-79 G. A. Thompson Co. Police 12.00 15859 9-30-79 G&B Ready Mixed Concrete Works 89.13 15860 9-30-79 General Fire Equipment Co. Fire 60.56 15861 9-30-79 General Electric Police 1,496.00 15862 9-30-79 Intermountain Gas Company Service 48.95 15863 9-30-79 Harold's Electric Works 36.00 15864 9-30-79 Idaho Department of Health & Welfare Service 37.50 15865 9-30-79 Idastries Police 42.44 15866 9-30-79 Idaho Industrial Supply Co. Wastewater 21.28 15867 9-30-79 Idaho Photo Police 30.53 15868 9-30-79 International Business Machines Supplies 194.88 15869 9-30-79 Johnson Equipment Co., Inc. Works 19.12 15870 9-30-79 J -U -B Engineers Engineer 1,305.00 15871 9-30-79 Kalbus Office Supply Supplies 54.50 15872 9-30-79 Lewis & Clark Paper & Supply Supplies 35.26 15873 9-30-79 Liquefied Vangas Wastewater 51.40 15874 9-30-79 Lomita Tag Co. Dog Pound 41.15 15875 9-30-79 Meridian Auto Parts 40.66 15877 9-30-79 Meridian Lock & Key Police 23.45 15878 9-30-79 Meridian Drug Center Supplies 41.88 15879 9-30-79 Modern Printers Supplies 150.90 15880 9-30-79 Morrison-Knudsen Co., Inc. Fire 12.50 15881 9-30-79 O'Neil International, Inc. Supplies 3.24 15882 9-30-79 Oakley Electronics Police 9.24 15883 9-30-79 Pace Industries Supplies 337.96 15884 9-30-79 Paul's Conoco 148.05 15885 9-30-79 Pitman Oil Company 7.06 15886 9-30-79 Protect -Aire Police 71.66 15887 9-30-79 Quick Rescue Unit 135.75 15888 9-30-79 Radio Shack Police 233.35 15889 9-30-79 Ray 0"Herron Co., Inc. Police 395.52 15890 9-30-79 Saint Alphonsus Hospital 58.00 15891 9-30-79 S&E Auto Parts 251.37 15892 9-30-79 Share Corp. Wastewater 26.91 15893 9-30-79 Sheehan's 4.50 15894 9-30-79 Starline Equipment Company Supplies 702.71 15895 9-30-79 State of Idaho -Dept. of Labor and Indus. Svcs. 1,349.45 15896 9-30-79 Storey Feed & Seed Co. Supplies 37.00 15897 9-30-79 Sundance Dodge Inc. 122.00 15898 9-30-79 Syms York Co. Police 264.30 15899 9-30-79 Tates 93.00 15900 9-30-79 Gene Trakel Police 30.00 15901 9-30-79 Tel -Car 188.65 15902 9-30-79 Town and Country Electric, Inc. 87.50 15903 9-30-79 Tradex/I M L 26.98 15904 9-30-79 Water & Wastewater Equipment Company Equipment 5,273.97 15905 9-30-79 Welker Ford Sales Police 235.11 15906 9-30-79 Zamzow's Wastewater 24.03 15907 9-30-79 Dyna Systems 111.73 15908 9-30-79 Meridian City Rural Fireman's Association Fire 174.00 15909 9-30-79 Live, Inc. 123.75 15910 9-30-79 Cornelia Walters 7.85 15911 9-30-79 The Idaho Statesman 47.04 15912 9-30-79 Idaho Power Service 6,009.33 15913 9-30-79 Valley News Times 193.71 15914 9-30-79 Mountain Bell Service 604.69 15915 9-30-79 Farmer's & Merchants State Bank -Federal Tax Deposit 2,968.50 15916 9-30-79 Association of Idaho Cities -Group Insurance Insurance 72.87 15917 9-30-79 Raymond F. and Lourdes C. Malone 10.00 15920 9-30-79 Idaho Department of Empbynent 1,409.89 15922 9-30-79 Social Security Trust Fund 10,568.38 15923 9-30-79 Ada County Civil Defense 619.00 15925 Void 15926 9-30-79 Public Employees Retirement System 3,486.31 15828 9-30-79 Idaho Tractor, Inc. 24,123.00 15829 9-30-79 Flexible Pipe Company 14,388.00 15830 9-30-79 Nelson-Deppe, Inc.. 34,716.90 1587630-79 The Meridian City Rural Volunteer Fireman's Assoication Fi rb�lls. 50.00 Motion was made by Bodine and seconded by Williams to pay the t Ap Cfedi Williams, yea; Bodine, yeah Brewer, yea. a Meridian City Hall •6•. October 1, 1 Agenda 8 Duane Gress addressed the Council stating that his residence was at 2120 N. Linder and that this road was under construction. He stated he had repeatedly asked for help from the Ada County Highway District to control the traffic and dust, to no avail. He had tried to be polite, but has come to the point that he would take the matter to his own hand, backed by neighbors, also resent at this meeting. Brewer stated that the problem was supposedly taken care of some time ago, but will contact the Ada County Highway District and follow up on this problem. Agenda 9 The Mayor read Amended Ordinance No. 343, corrected legal description of Hudson-Mitich Annexation No. 2, entitled: "AN ORDINANCE ANNEXING, AND ZONING CERTAIN REAL PROPERTY WHICH IS DESCRIBED AS FOLLOWS: THAT PORTION OF THE SE 1/4 OF SECTION 11, TOWNSHIP 3 NORTH, RANGE 1 WEST, BOISE MERIDIAN, ADA COUNTY, IDAHO, DESCRIBED AS FOLLOWS: COMMENCING AT THE EAST QUARTER CORNER OF SAID SECTION 11; THENCE WEST ALONG THE NORTHERLY BOUNDARY OF THE SE 1/4 380 FEET; THENCE SOUTH 283 FEET TO THE REAL POINT OF BEGINNING; THENCE WEST 306.2 FEET; THENCE SOUTH 698.21 FEET MORE OR LESS TO THE RIGHT-OF-WAY OF THE OREGON SHORT LINE RAILROAD; THENCE EAST ALONG SAID RIGHT-OF-WAY A DISTANCE OF 306.2 FEET; THENCE NORTH 692.95 FEET, MORE OR LESS, TO THE REAL POINT OF BEGINNING, TO THE CITY OF MERIDIAN, WHICH PROPERTY IS ADJACENT AND CONTIGUOUS TO THE CITY OF MERIDIAN, ADA COUNTY, IDAHO." The Motion was made by Williams and seconded by Bodine that the rules and provisions of 50-9002 and all rules and provisions requiring that Amended Ordinances be read on three different days, be dispensed with and that Amended Ordinance Number 343,as read be passed and approved. Motion Carried: Williams, eya; Bodine, yea; Brewer, yea. The Mayor read Second Amended Ordinance No. 338 entitled: "AN ORDINANCE AMENDING TITLE 5, CHAPTER 1, WATER SYSTEM BY PROVIDING FOR A MONETARY DEPOSIT UNDER CERTAIN CIRCUMSTANCES; CHANGING THE FEES FOR TURNING THE WATER OFF AND ON; AND PROVIDING AN EFFECTIVE DATE." The Motion was mady by Williams and seconded by Brewer that the rules and provision of 50-9002 and all rules and provisions requiring that Second Amended Ordinances be read on three different days, be dispensed with and that Second Amended Ordinance Number 338, as read be passed and approved. Motion Carried: Williams, yea; Bodine, yea; Brewer, yea. The Mayor read Ordinance No. 353 entitled: "AN ORDINANCE REPEALING TITLE 10, CHAPTER 1, ENTITLED TRAFFIC RULES AND REGULATIONS, AND RECODIFYING SAID CHAPTER AND ADOPTING A NEW CHAPTER ON TRAFFIC RULES AND REGULATIONS WHICH SHALL BE KNOWN AS TITLE 10, CHAPTER 1, OF THE REVISED AND COMPILED ORDINANCES OF THE CITY OF MERIDIAN; FURTHER ADOPTING A NEW PROVISION AS TITLE 10, CHAPTER 4, KNOWN AS ISSUANCE OF WARRANTS OF ARREST." The Motion was made by Bodine and seconded by Brewer that the rules and provisions of 50-9002 and i1 rules and provisions requiring that Ordinances be read on three different days, be dispensed with and that Ordinance Number 353, as read be passed and approved. Motion Carried: Williams, yea; Bodine, yea; Brewer, yea. The Mayor commended Police Chief Sherwin and Commissioner Bodine for a job well done. Agenda 10 Gary Smith, Engineer, presented Final submittal from DVY on pump station. Smith introduced this into the minutes by suggesting the Final Submittal of $5,640.45 be taken under advisement and approval based on final correspondence between Cooper and himself. They are 100% complete, but some items in pump station need checked. The Motion was made by Williams and seconded by Bodine that the Final Submittal from DVY in the amount of $5,640.45 be taken under advisement. Motion Carried: Williams, yea; Bodine, yea; Brewer, yea. Meridian Agenda 11 Agenda 12 Agenda 13 0 .7. 0 1. 1979 Smith stated there is a problem on the downstream end at the defuser in the Boise River. He felt it was a plug in the line and needs to be corrected. Smith explained the Sears billings for maintenance hand tools for the Treatment Plant. Not all tools have arrived, but Ward has a purchase order list totaling $2,924.30. Ward is in receipt of tools totaling $1,159.05. The Motion was made by Williams and seconded by Bodine that payment be made to Sears in the amount of $1,159.05. Motion Carried: Williams, yea; Bodine, yea; Brewer, yea; Marilyn Olmstead, J -U -B Engineers, representing Glennfield Manor #1. Olmstead stated the water system had been totally installed and approved by the City. After this was approved, meter boxes and fire hydrant had been broken, probably during construction. She did not feel it should be the developers problem. They do not have anything to do with the house construction, only the Subdivsion standards. Williams stated he felt the builder was responsible for the individual lots. The fire hydrant was there for the general public welfare and that the City should probably assume responsibility, unless the person was known for damage. The Motion was made by Bodine and seconded by Williams that the bill from Ada County Civil Defense for Budget share of 1980 in the amount of $619.00 be paid. Motion Carried: Williams, yea; Bodine, yea; Brewer, yea. Bad Debts, tabled from previous meeting. The Motion was made by Brewer and seconded by Bodine that the Bad Debts be written off in the amount of $135.70. Motion Carried: Williams, yea; Bodine, yea; Brewer, yea. The Motion was made by Williams and seconded by Brewer that the meeting be adjourned at 8:30 P.M. Motion Carried: Williams, yea; Bodine, y ATTEST: C erk I AMBROSE. FITZGERALD & CROOKSTON ATTORNEYS AND COUNSELORS 929 EAST FIRST MERIDIAN, IOAXO 83642 TELEPHONE 888.4481 i ORDINANCE NO. 1�75%3 C� AN ORDINANCE REPEALING TITLE 10, CHAPTER 1, ENTITLED TRAFFIC RULES AND REGULATIONS, AND RECODIFYING SAID CHAPTER AND ADOPTING A NERT CHAPTER ON TRAFFIC RULES AND REGULATIONS WHICH SHALL BE KNOWN AS TITLE 10, CHAPTER 1, OF THE REVISED AND COMPILED ORDINANCES OF THE CITY OF MERIDIAN; FURTHER ADOPTING A NEW PROVISION AS TITLE 10, CIIAPTER 4, KNOWN AS ISSUANCE OF WARRANTS OF ARREST. WHEREAS, the City Council and the mayor of the City of Meridian, Idaho, have concluded that it is in the best interest of said City to repeal Title 10,Chapter 1, as it presently reads, to revise recodify the ordinances contained therein, and to adopt new ordinances pertaining to traffic rules and regulations which shall be readopted as Title 10,Chapter 1, NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF MERIDIAN, ADA COUNTY, IDAHO: Section 1. That "Title 10,Chapter 1, of the Revised and Compiled Ordinances is hereby repealed. Section 2. That a new Title 10,Chapter 1 is hereby adopted for the regulation of traffic which shall read as follows: CHAPTER 1 TRAFFIC RULES AND REGULATIONS INDE`t SECTION 10-101 Definitions 10-102: Regulation Approved by City Council 10-103: Penalty 10-104: Fire Department Members' Vehicles 10-105: Regulations and Restrictions set by Chief of Police 10-106: Establishment of Fines 10-107: Authorized Emergency Vehicles 10-110: Stopping, Standing or Parking of Vehicles 10-111: Parking within Eighteen (18) Inches of Curb 10-112: Parking Spaces Designated by Painting 10-113: Overtaime Parking Prohibited 10-114: Loading and Unloading Zones Set by Chief of Police 10-115: Overnight Parking 10-116: Parking in Alley Prohibited 10-117: Parking Vehicles with Offensive Loads 10-118: Running Engines in Unattended Parked Cars Prohibited, Set Brakes 10-119: Unattended Vehicular Animal to be Tied 10-120: Repairing Vehicles in City Streets 10-121: Moving Vehicle to Illegal Location 10-122: Fire Department Emergency Vehicles; Following Parking in Area of 10-123: School and City Property 10-124: Backing of Vehicles 10-140: Emergency Vehicles Have Right-of-way 10-141: Driving Over Fire Hose • 0 10-142: Driving Without License Prohibited 10-143: Driving Speeds 10-144: Driving on Right Half of Street 10-145: Driving in Traffic Lanes 10-146: Restrictions when Following a Vehicle 10-147: Driving on Sidewalk Prohibited 10-148: Driving Through Funeral Procession Prohibited 10-149: U -Turns 10-150: Partial U -Turn 10-151: Left Turn Approached from Left, Right Turn Approached from Right, Right Turn Against Red Light 10-152: Driving Away from Curb 10-153: Complete Stop Required 10-154: Stopping on Crosswalk Prohibited 10-155: Passing Vehicles 10-156: Signal When Passing 10-157: When Passing is Prohibited 10-158: Overtaken Vehicle Not to Increase Speed 10-159: Reckless and Negligent Driving Prohibited 10-160: Driving While Under Influence of Liquor or Narcotics Prohibited 10-170: Pedestrian Right-of-way 10-171: Loaded Vehicles Obstructing View Prohibited 10-172: Unlawful Riding in Vehicles ' 10-173: Vehicle in Motion 10-174: Pedestrians Cross on Crosswalks Only 10-180: Reporting Accident 10-181: Stopping at Scene of Accident 10-185: Muffler Required 10-186: Excessive Exhaust 10-187: Sirens, Gongs, Whistles, etc. Prohibited 10-190: Impounding of Vehicles CHAPTER 1 TRAFFIC RULES AND REGULATIONS 10-101: DEFINITIONS: For the purpose of this Chapter, the following words and phrases shall have the meaning respectively ascribed to them as follows: (A) Vehicle: Every device in, upon, or by which any person or property is or may be transported or drawn upon a street or highway, except devises moved solely by human power or used exclusively upon stationary rails or tracts: for the purpose of this Chapter, a bicycle or a ridden animal shall be deemed a vehicle. (B) Authorized Emergency Vehicle: Vehicles of the Fire Depart- ment, Police Department and such ambulances and emergency vehicles as may be designated or authorized by the Chief of Police. (C) Stop: Means the complete cessation of. movement. AMBROSE, FITZGERALD & CROOKSTON ATTORNEYS AND COUNSELORS 929 EAST FIRST MERIDIAN, IDAHO 53642 TELEPNONE e88-446 0 0 (D) Park or Parking: The standing of a vehicle, whether occupied or not, otherwise than temporarily for the purpose of and while actively engaged in loading goods, merchandise, or persons. (E) Traffic: Either persons or vehicles while using any street or sidewalk for the purpose of travel. (F) Person: Shall mean every natural person, firm, copartner- ship, association or corporation. (G) Driver:. Every person who drives or is in actual physical control of a vehicle. (H) Pedestrian: Any person afoot, including infants in a carriage being pushed or pulled by a person. (I) Street, Highway or Roadway: Shall be used interchangeably and shall mean the entire width of every way or place open to the public, as a matter or right, for public vehicular travel; provided that "street" or "roadway" shall not include alley or where the word "alley" is used, it shall mean every way or place intersecting a block and open to the public, as a matter of right, for public vehicular travel. (K) Sidewalk: That portion of a street between the curb lines or lateral lines defining vehicular traffic, and the adja- cent property lines, and intended for pedestrian travel. (L) Intersection: The area embraced within the prolongation or connection of the lateral curb lines, or, if none, then the lateral boundary lines of the intersecting highways, or in the area within which vehicles traveling on different highways may come into conflict. (M) Cross Walk: That portion of a street included within the prolongation or connection of the lateral lines or sidewalks at intersections, or on any portion of a street distinctly indicated for pedestrian crossing or traffic by lines or othe marking. 10-102: REGULATION APPROVED BY CITY COUNCIL; No regulations prescribed under authority of Title 10 of these ordinances shall become effective until such regulation is approved by the City Council. 10-103: PENALTY: Any person violating the provisions of this Chapter shall be deemed guilty of a misdemeanor. 10-104: FIRE DEPARTMENT MEMBERS' VEHICLES: Bona fide members of the Meridian Fire Department are hereby authorized to use a red light or flashing red light attached to the front of the motor vehicle such member of the Meridian Fire Department uses in making runs to fires, provided such member first obtains a written permit from the City Clerk for use of such red light. 10-105: REGULATIONS AND RESTRICTIONS SET BY CHIEF OF POLICE: (1) For the purpose of regulation and control of traffic, the Chief of Police is hereby authorized to establish regulations and restrictions to control the movement, stopping, standing and parking of vehicles upon the highways, roadways, streets, AMBROSE 8 Y s FIT2E alleys and public lands located within the city limits of CROOKSTON Meridian, as authorized by the Idaho Vehicle Code under ATTORNEYS AND Section 49-582, and specifically alluded to in Title 10 COUNSELORS of the Meridian City Ordinances. 929 EAST FIRST MERIDIAN, IDAHO 83842 TELERNONE 888-4481 AMBROSE, FITZGERALD 8 CROOKSTON ATTORNEYS AND COUNSELORS 929 EAST FIRST MERIDIAN, IDA XO a 38<2 TELEPHONE 888-4461 0 The authority of the Chief of Police to regulate traffic shall include the following: (a) Regulating or prohibiting stopping, standing or parking; (b) Regulating traffic by means of police officers or officia traffic -control devices; (c) Regulating or prohibiting processings or assemblages on the highways; (d) Designating particular highways or roadways for use by traffic moving in one direction as authorized in Section 49-628, Idaho Code; (e) Establishing speed limits for vehicles in public parks notwithstanding the provisions of subsection (1)(c) of Section 49-683, Idaho Code; (f) Designating any highway as a through highway or designating any intersection or junction of roadways as a stop or yield intersection or junction; (g) Restricting the use of streets or highways as authorized in Chapter 9, Title 49, Idaho Code; (h) Regulating or prohibiting the turning of vehicles or specified types of vehicles; (i) Altering or establishing speed limits as authorized in Section 49-683, Idaho Code; (j) Requiring written accident reports as authorized in Section 49-1015, Idaho Code; (k) Designating no -passing zones as authorized in Section 49-627, Idaho Code; (1) Prohibiting or regulating the use of controller -access roadways by any class or kind of traffic as authorized in Section 49-633, Idaho Code; (m) Prohibiting or regulating the use of heavily traveled streets by any class or kind of traffic found to be incompatible with the normal and safe movement of traffic (n) Establishing minimum speed limits as authorized in Section 49-684, Idaho Code; (o) Designating and regulating traffic on play streets; (p) Prohibiting pedestrians from crossing a roadway in a business district or any designated highway except in a crosswalk as authorized in Section 49-587, Idaho Code; (q) Restricting pedestrian crossing at unmarked crosswalks as authorized in Section 49-588, Idaho Code; (r) Regulating persons propelling pushcarts (s) Regulating persons upon skates, coasters, sleds and othe: toy vehicles; (t) Adopting and enforcing such temporary or experimental regulations as may be necessary to cover emergencies or special conditions; (u) Prohibiting drivers of ambulances from exceeding maximum speed limits; (v) Adopting such other traffic regulations as are specific- ally authorized by the Idaho Code, (2) No local authority shall erect or maintain any official traffic -control device at any location so as to require traffic on any state highway to stop before entering or crossing any intersecting highway unless approval in writing has first been obtained from the Idaho Transportation Department. (3) No ordinance or regulation enacted under subdivisions (d), (e) , (f) , (9), (h) , (i) , (k) , (1) , (m) , (n) , (o) , (p) , or (q) of subsection (1) of this section shall be effective until 0 official traffic control devices giving notice of such traffic regulations are erected upon or at the entrances to the highway or part thereof affective as may be most appropriate. 5 10-106: ESTABLISHMENT OF FINES: An ordinance providing for the establishment of specific penalties for failure to comply with the provisions of Title 10, Chapter 1 of this ordinance. 10-1100 STOPPING, STANDING OR PARKING OF VEHICLES (A) On a sidewalk $ 5 (B) Blocking driveway 5 (C) Within intersection 10 (D) Within 15 feet of fire hydrant 10 (E) On crosswalk 5 (F) Within 20 feet of crosswalk/ IA Two-way roadway intersection 5 AMBROSE, FITZGERALD & CROOKSTON ATTORNEYS AND COUNSELORS 929 EAST FIRST MERIDIAN, IDAHO 03fi<2 TELERMONE 888-4461 (G) Within 30 feet of signal control device 5 (H) Safety zone 5 (I) Within 50 feet of railroad crossing 10 (J) Fire station driveway 10 (K) Along street excavation 10 (L) Double parked 10 (M) On/in bridge or tunnel 10 (N) Official no parking signs 10 (0) Handicapped parking 10 (P) Passenger loading zone 5 10-511: PARKING WITHIN 'EIGHTEEN (18)INCHES OF CURB IA Two-way roadway $ 5 1B One-way roadway 5 2 Motorcycles 5 10-112: PARKING SPACES DESIGNATED BY PAINTING $ 5 10-113: OVERTIME PARKING 2 10-114: LOADING AND UNLOADING ZONES 5 10-115: OVERNIGHT PARKING 5 AMBROSE, FITZGERALD & CROOKSTON ATTORNEYS AND COUNSELORS 929 EAST FIRST MERIDIAN, IDAHO 03fi<2 TELERMONE 888-4461 AMBROSE. FITZGERALD & CROOKSTON ATTORNEYS AND C Ol1N5 ELOR5 929 EAST FIRST MERIDIAN, IDAHO 83842 TELEPHONE 888-4481 0 10-116: PARKING IN ALLEY $ 5 10-117: PARKING VEHICLES WITH OFFENSIVE LOADS 10 10-118: RUNNING ENGINES IN UNATTENDED PARKED CARS 10 10-119: UNATTENDED VEHICULAR ANIMAL TO BE TIED 5 10-120: REPAIRING VEHICLES IN CITY STREETS 5 10-121: 14OVING VEHICLE TO ILLEGAL LOCATION 25 10-122: FIRE DEPARTMENT EMERGENCY VEHICLES 25 10-123: SCHOOL AND CITY PROPERTY 10 10-124: BACKING OF VEHICLES 10 10-107: AUTHORIZED EMERGENCY VEHICLES: Authorized emergency ve- hicles, as defined in section 49-578(2) of the Idaho Motor Vehicles Laws shall be exempt from the provisions of Title 10, Chapter 1 Section(s) 10-110 through 10-124, 10-141, 10-143 through 10-157, 10-171 through 10-173 and any other Section that may hereinafter be adopted, that by its nature would exempt authorized emergency vehicles, and as described in Section 49-606 of the Idaho Traffic Laws. 10-110: STOPPING, STANDING OR VEHICLE PARKING: It shall be unlawful for any person to stop, stand or park a vehicle except when necessary to avoid conflict with other traffic or in compliance with law or the direction of a police officer or traffic control device in any of the following places: (A) On a sidewalk; (B) In front of a public or private driveway; (C) Within an intersection; (D) Within fifteen feet (151) of a fire hydrant; (E) On a crosswalk; (F) Within twenty feet (20') of a crosswalk at an intersection; (G) Within thirty feet (30') to the approach of any flashing bea- con, stop sign or traffic control signal; (H) Between a safety zone and the adjacent curb or within thirty feet (30') of points on the curb immediately opposite the ends of a safety zone, unless the Chief of,Police has indicat ed a different length of a zone by signs or markings; (I) Within fifty feet (50') of the nearest rail of a railroad crossing; (J) Within twenty feet (20') of the driveway entrance to any fire station or on the side of a street opposite the entrance to any fire station within seventy-five feet (75') of said entrance when properly signposted; (K) Along side or opposite any street obstruction or excavation when stopping, standing or parking would obstruct traffic; yAp AMBROSE. FITZGERALD & CROOKSTON ATTORNEYS AND COUNSELORS 929 EAST FIRST MERIDIAN, IDAHO 83 64Z TELEPHONE 888.4481 0 0 (L) On the roadway side of any vehicle stopped or parked legally or illegally on any roadway or street; (M) Upon any bridge or other elevated structure upon a highway or within a highway tunnel; (N) At any place where official signs prohibit stopping, standing or parking; (0) In any area designated and posted, that parking is restricted and limited to the handicapped; (P) In any area posted or marked as a passenger loading zone, ex- cept for the immediate and actual loading and/or unloading of passengers. 10-111: PARKING WITHIN EIGHTEEN (18) INCHES OF CURB: (1) Except as otherwise provided in this Chapter, every vehicle stopped or parked: (A) Upon a two-way roadway shall be stopped or parked with the right-hand wheels parallel to and within eighteen (18) inches of the right-hand curb or as close as practicable to the right-hand'shoulder. (B) Upon a one-way roadway shall be stopped or parked parallel to the curb or edge of the roadway in the direction of authorized traffic movement, with its right-hand wheels within eighteen (18) inches of the right-hand curb or as close as practicable to the right-hand shoulder, or with its left-hand wheels within eighteen (18) inches of the left-hand curb or as close as practicable to the left-hand shoulder. (2) Motorcycles, with either two (2) or three (3) wheels, shall be so parked so as at least one ('1) wheel is within eighteen (18) inches of the curb or shoulder of the road as provided for in Section lA and 1B. 10-112: PARKING SPACES DESIGNATED BY PAINTING: The Chief of Police is hereby authorized to cause lines or markings to be painted or placed upon the curbs and/or upon the streets, designating the parking space of each vehicle, which said lines or markings shall be so painted or placed as to show either par- allel or diagonal parking at such places. It shall be unlawful, where such spaces are designated, to park any vehicle outside of or across any such line or markings or to park any vehicle in such a position that the same shall not be entirely within the space so designated by such line or markings. 10-113: OVERTIME PARKING PROHIBITED: When signs are erected or markings made giving notice of the length of time of parking at any space, no person shall park a vehicle thereat for longer than the length of time so designated by said signs; parking shall be deemed ended only by the removal of the parked vehicle to a distance at least one block therefrom. 10-114: LOADING AND UNLOADING ZONES SET BY CHIEF OF POLICE: The Chief of Police is hereby authorized to designate loading and unloading zones, and no person shall stop, stand or park a vehicle, within or at said designated zones, for any purpose or length of time other than for the expeditious and actual loading or unloading of passengers, materials, goods or merchandise. 10-115: OVERNIGHT PARKING: It shall be unlawful for any persoi to park a vehicle within the City of Meridian, for a period of time longer than thirty (30) minutes between the hours o: two o'clock (2:00) A.M., and five o'clock (5:00) A.M., of any day, except authorized emergency vehicles, physicians on emergency call: or for residential parking purposes. 10-116: PARKING IN ALLEY PROHIBITED: It shall be unlawful to park any vehicle in any alley or in the entrance of any alley, except for the expeditious and actual loading or unloading of passenaers, materials, goods or merchandise. 10-117: PARKING VEHICLES WITH OFFENSIVE LOADS: It shall be unlawful to park any vehicle on City streets when such vehicle is loaded with any material that creates an offensive odor, or where the load or contents of the vehicle spills onto any portion of the highway. 10-118: RUN14ING ENGINES IN UNATTENDED PARKED CARS PROHIBITED; SET BRAKES: No person having control or charge of a vehicle, shall allow such vehicle to stand on any street or high- way unattended without stopping the engine of said vehicle, or effectively setting the brakes thereon, or devices to prevent the vehicle from rolling. 10-119: UNATTENDED VEHICULAR ANIMAL TO BE TIED: It shall be unlawful to permit any animal used for vehicular purposes to be left unattended upon a street, alley or other pub- lic place unless such animal is securely tied to an object adapted for such purpose. 10-120: REPAIRING VEHICLES IN CITY STREETS: It shall be unlawful for any person to repair any vehicle in the streets of the City, except for emergency repairs necessary to move the same to private property. 10-121: MOVING VEHICLE TO ILLEGAL LOCATION: It shall be unlawful for any person to move a vehicle not lawfully under their control into any position or location, which would cause said vehicle to be in violation of any section of this code or any Idaho State code. 10-122: FIRE DEPARTMENT EMERGENCY VEHICLE; FOLLOWING, PARKING IN AREA OF, PEDESTRIANS CLOSE TO: (1) It shall be unlawful for any driver of any vehicle, other than an authorized emergency vehicle or person, to (a) follow any fire apparatus traveling in response to a fire alarm, closer than five hundred feet (500') or, (b) park such vehicle within the block, or within seven hundred fifty feet (7501) where the fire apparatus has stopped in answer to a fire alarm, or within seven hundred fifty feet (750') of the fire, whichever is farthest. (2) It shall be unlawful for any pedestrian, other than AMBROSE. authorized personnel, to stand, loiter, walk or otherwise be wi FITZGERALD 6 one hundred feet (100') of any fire scene or within fifty feet CROOKSTON ATTORNEYS AND COUNSELORS 929 EAST FIRST MERIDIAN, IDAHO 83842 TELEPHONE 888.446 1 0 0 (50') of any piece of operating fire equipment, (Operating fire equipment would include any item being used by any emergency per- sonnel at a reported fire or other related emergency scene.) 10-123: SCHOOL AND CITY PROPERTY: It shall be illeaal for any person to operate, ride, stop or park any bicycle, vehicle or animal on any property owned, rented or used by any school district or any property owned, rented or used by the City of Meridian, contrary to any sign or marking errected and intended to control, direct or restrict the movement, stopping, standing or parking of any bicycle, vehicle or animal. (I.C. 49-594) 10-124: BACKING OF VEHICLES: No vehicle shall be backed a distrance greater than necessary to go legally and safely forward again. This Section shall not apply to those vehicles backing into driveways, loading zones or areas, or parking spaces, providing such movement can be, and is, done with reasonable safety. 10-140: EMERGENCY VEHICLES HA17E RIGHT-OF-WA.Y: The driver of any vehicle shall yield the right-of-way to authorized emergency vehicles when the latter are operated with audible signa by bell, siren or whistle or flashing red light or blue light or combination thereof. 10-141: DRIVING OVER FIRE HOSE: No vehicle shall drive over or upon any fire hose unless directed to do so by a fireman or police officer. 10-142: DRIVING WITHOUT LICENSE PROHIBITED: No person shall drive any vehicle upon the streets or highways within the corporate limits of Meridian, Idaho, unless such driver is in possession of an operator's or chauffeur's license required by the laws of the State of Idaho. 10-143: DRIVING SPEEDS: No person shall drive any vehicle, except emergency vehicles, at a greater speed than designated as follows: 1. In any public park, 15 miles per hour. 2. When passing a public school building or grounds thereof, 15 miles per hour. 3. On all other streets and alleys in Meridian, 25 miles per hour, or as otherwise posted. 10-144: DRIVING ON RIGHT HALF OF STREET: The driver of any vehicle shall drive such vehicle upon the driver's right half of the street, except upon one-way streets or alleys, and except when such right half of the street is out of repair, or when passing or overtaking another vehicle as provided in Section 10-155 of this Chapter. 10-145: DRIVING IN TRAFFIC LANES: Where the highway or street is marked by traffic lanes, a vehicle shall be driven entirely within a single lane and shall not be moved out of such lane until such movement can be made with safety, and such move- shall be subject to the right-of-way of vehicles in other AMBROSE. FITZGERALD & 1m'ent lanes. CROOKSTON ATTORNEYS AND COUNSELORS 929 EAST FIRST MERIDIAN IDAHO 85642 TELEPHONE 888.44 61 0 • 10-146: RESTRICTIONS WHEN FOLLOWING A VEHICLE: The driver of a vehicle shall not follow any other vehicle more closely than is reasonable and prudent, having due regard to the speed of such vehicles and traffic upon and conditions of the street. 10-147: DRIVING ON SIDEWALK PROHIBITED: No vehicles shall travel upon any 'sidewalk, provided that vehicles may cross sidewalks at authorized curb cuts and at alleys. 10-148: DRIVING TF'ROUGH FUNERAL PROCESSION PROHIBITED: No driver shall drive a vehicle between vehicles comprising a funeral, parade or other authorized procession while such vehicles are in motion. 10-14:9: U-TITRNS: No U-turn or turn reversing the direction of travel, shall be made at any intersection in which "NO U-TUPN" signs are erected, nor at any intersection at which there is a traffic signal light, nor at any place other than at an intersection, nor unless there be sufficient space to make such turn without backing, nor unless prior to and during such turn, the same be signalled in the manner required by state law. 10-150: PARTIAL U-TUPS7: It shall be illegal for any turn to be made commencing from the lane of traffic in which a vehicle is moving which crosses the opposite traffic lane and which results with said vehicle parking or coming to a stop on the opposite side of the street from where the turn commenced. 10-151: LEFT TURN APPROACHED FROM LEFT, RIMT TURN APPROACED FROM RI( -,HT, RIGIIT TLTP.N AGAINST RED LIGHT: The driver of a vehicle intending to make a turn to the left at an inter- section shall approach the intersection on the left side of the driver's right half of the roadway, and shall yield the right-of- way to any vehicle approaching from the opposite direction which is in the intersection or so close thereto as to constitute an immediate hazard. Such driver shall, before turning, signal as required by the statutes of the State of Idaho, and shall keep on the driver's right half of the intersection and roadway. The driver of a vehicle intending to make a turn to the right at a intersection, shall approach the intersection on the right side of the driver's richt half of the roadway, and before turning, shall signal as required by the statutes of the State of Idaho. Right hand turns may be made against red lights upon the vehicle being brought to a complete stop before entering onto the crosswalk and before or while proceeding, such driver shall give the richt-of-wa to vehicles lawfully in the intersection and to pedestrians tra- versing_ the crosswalk or proceeding with the green light who are hereby declared to have the superior right-of-way. A-11 turns shal be made with due caution and circumspection, and subject to the superior right-of-way provided by this Chapter. 10-152: DRIVING AWAY FROM CURB: Any vehicle entering or leav- ing curb or parking space shall. yield the right-of-way to the moving vehicles, and the driver of any vehicle before start ing, stopping or turning from a direct line of travel, shall first see that such action can be made in safety to other vehicles and to pedestrians. AMBROSE, FITZGERALD & CROOKSTON ATTORNEYS AND COUNSELORS 939 EAST FIRST MERIDIAN IDAHO 83S<3 TELEPHONE 888 4461 10-153: COMPLETE STOP REQIJIPFD: All vehicles must be brought to a complete stop before passing any stop sign or entering upon an arterial or through street, and no vehicle shall enter into an arterial or through street except cautiously and shall yield the right-of-way to vehicles not so required to stop and which are in the intersection, or are approaching at a lawful speed, so closely as to constitute an immediate hazard. 10-154: STOPPING ON CROSSWALK PROHIBITED: All vehicular and pedestrian traffic facing the "STOP" device shall stop before entering the nearest crosswalk at an intersection or at such other point as may be indicated by a clearly visible line, ane no vehicle or pedestrian facing such device shall enter onto the crosswalk or cross such street, except as provided in Section 10-151 of this Chapter. 10-155: PASSING VEHICLES: The driver of a vehicle overtaking another vehicle proceeding in the same direction shall. drive to the left thereof at a safe distance and shall not again drive to the right until safely clear of the overtaken vehicle, provided, that where the street is marked into traffic lanes, it shall be permissible for the overtaking vehicle to pass the overtaken vehicle in either the right or left hand lane. The driver of a vehicle shall not drive to the left side of the center line of the street in passing another vehicle proceeding in the same direction, unless such driver has a clear view and the left side of the street is free from oncoming traffic for a sufficient distance to permit such overtaking and passing to be completely made without impeding the safe operation of any vehicle approach- ing from the opposite direction, such approaching vehicle having the superior right-of-way. 10-156: SIGNAL WHEN PASSING: The driver of an overtaking vehicle shall give audible warning with a horn or other warning device before passing or attempting to pass a vehicle proceeding in the same direction. 10-157: WHEN PASSING IS PROHIBITED: The driver of a vehicle shall not overtake and pass any other vehicle proceeding in the same direction at any railway crossing, nor at any intersection except such vehicles as are turning into other streets and except where traffic lanes are marked and subject to the provisions of this Chapter. 10-158: OVERTAKEN VEHICLE NOT TO INCREASF SPEED: The driver of an overtaken vehicle shall, subject to the provi- sions of Sections 10-145 and 10-155 of this Chapter, give way to the driver's right, in favor of the overtaking vehicle, and shall not increase its speed until completely passed by the overtaking vehicle. AMBROSE. FITZGERALD & CROOKSTON ATTORNEYS AND COUNSELORS 929 EAST FIRST MERIDIAN. IOANO 83842 TELEPHONE 888-44$ 0 0 10-159: RECKLESS AND NEGLIGENT DRIVING PROHIBITED: (A) Reckless Driving: Any person who drives any vehicle upon a public street carelessly and heedlessly, or without due cau- tion and circumspection and at a speed or in a manner so as to endanger any person or property, or who passes when there is a line in his lane indicating a sight distance restriction, shall be guilty of reckless driving and upon conviction shall be punished as provided in Subsection (B) of this Section. (B) Reckless Driving; Penalty: Every person convicted of reckless driving under this Section shall be punished by imprisonment in the County jail for a period of not more than thirty (30) days or by a fine of not less than twenty-five ($25.00) nor more than three hundred dollars ($300.00) or by both such fine and imprisonment. (C) Negligent Driving; Penalty: It shall be unlawful for any person to operate a motor vehicle in a negligent manner anywhere within the limits of the City in excess of the prima facie speed or without due caution and circumspection or to operate such a vehicle in such a manner as to endanger or be likely to endanger any person or property. The offense of operating a vehicle in a negligent manner shall be co sidered to be a lesser offense than, but included in the offense of operating a vehicle in a reckless manner, and any person charged with operating a vehicle in a reckless -anner may be convicted of the lesser offense of operating a vehicle in a negligent manner. Any person violating tae provisions of this Section shall. be punished upon conviction in the same manner as is provided in Sub- section (B) of this Section. 10-160: DRIV�NG WHILE UNDER INFLUENCE OF LIQUOR OR NARCOTICS PROH BITER: (A) It is unlawful and punishable as provided in Subsection (D) of this Section for any person who is under the influence of intoxicating liquor to drive or be in actual physical con- trol of any vehicle within this City. (B) In any criminal prosecution for a violation of Subsection (A) of this Section relating to driving a vehicle while under the influen e of intoxicating liquor, the amount of alcohol in the defendant's blood at the time alleged as shown by chemical analysis of the defendant's blood, urine, breath, or other bodily substance shall give rise to the following presumptions: 1. If there was at the time five hundredths percent (0.05%) or less by weight of alcohol in the defendant's blood, it shall be presumed that the defendant was not under the influence of intoxicating liquor; AMBROSE. FITZGERALD & CROOKSTON ATTORNEYS AND COUNSELORS 929 EAST FIRST MERIDIAN. IDAXO 83602 TELEPHONE 888-4461 AMBROSE. FITZGERALD & CROOKSTON ATTORNEYS AND COUNSELORS 929 EAST FIRST MERIDIAN, IDAHO 83842 TELERNONE 888-4461 • 0 2. If there was at the time in excess of five hundredths percent (0.05%) but less than eight hundredths percent (0.08%) by weight of alcohol in the defendant's blood, such fact shall not give rise to any presumption that the defendant was or was not under the influence of intoxi- cating liquor, but such fact may be considered with other competent evidence in determining the guilt or innocence of the defendant; 3. I£ there was at the time eight hundredths percent (0.08%) or more by weight of alcohol in the efendant's blood, it shall be presumed that the defendant was under the in- fluence of intoxicating liquor; 4. The foregoing provisions of Subsection (B) shall not be construed as limiting the introduction of any other competent evidence bearing upon the question whether or not the defendant was under the influence of intoxi- cating liquor. (C) It is unlawful and punishable as provided in Subsection (D) of this Section for any person who is an habitual user or under the influence of any narcotic drug, or who is under the influence of any other drug to a dearee which renders him incapable of safely driving a vehicie to drive a vehicle within this City. The fact that any person charged with a violation of this Subsection is or has been entitled to use such drug under the laws of the State of Idaho shall not constitute a defense against any charge of violating this Subsection. (D) Every person who is convicted of a violation of this Section shall be punished by imprisonment in the County jail for not more than six (6) months, or by fine of not less than one hundred dollars ($100.00) nor more than three hundred dollars ($300.00) or by both fine and imprisonment. 10-170: PEDESTRIAN RIGHT-OF-WAY: Where traffic control signals are not placed or not in operation, the driver of a vehicle shall yield the right-of-way to any pedestrian crossing the street within any crosswalk. 10-171: LOADED VEHICLES OBSTRUCTING VIEW PROHIBITED: It shall be unlawful for the driver of any vehicle to drive the same upon any street or highway when such vehicle is so loaded as to obstruct the view of the driver to the front or sides thereof, or to interfere with the driver's control of the driving mechanism of the vehicle. 10-172: UNLAWFUL RIDING IN VEHICLES: It shall be unlawful for a person to ride any vehicle upon any portion thereof not designated or intended for the use of passengers. This provision shall not apply to an employee engaged in the necessary discharge of a duty or to persons riding within truck bodies in space intended for merchandise. 10-173: VEHICLE IN MOTION: It shall be unlawful for any perso to board or alight from any vehicle while such vehicle is in motion. 10-174: PEDESTRIANS CROSS ON CROSSWALKS ONLY: No pedestrian shall cross any street except upon the crosswalks thereof. 0 0 10-180: REPORTING ACCIDENT: The driver of any vehicle involved in injury or death to a person, or resulting in injury or damage to property, shall within twenty-four (24) hours make a detailed report of such accident to the Police Department of Meridian. 10-181: STOPPED AT SCENE OF ACCIDENT: Whenever any vehicle is involved in an accident resulting in injury to or death of any person, or resulting in any injury to property, the driver shall immediately stop such vehicle at the scene of such accident, or as close thereto as possible, and shall exhibit his operator's or driver's license to the person struck or to the driver or occupant of any vehicle collided with, or if impossible to do so, then to some person at the scene of the accident. 10-185: MUFFLER REQUIRED: No person shall drive an automobile, motor vehicle or motorcycle with a gasoline or other explosive mixture as a motor power within the city limits of the City of Meridian without a muffler thereon sufficient to deaden the sound of the Explosions and such muffler shall not be dis- connected or cutting out while such automobile, motor vehicle or motorcycle is being operated within the limits of Meridian. 10-186: EXCESSIVE EXHAUST: No vehicle shall be operated with an excessive smoking exhaust upon any road, street or highway within the limits of this City. 10-187: SIRENS, GONGS, WHISTLES, ETC. PROHIBITED: No vehicle shall be equipped with any siren, gong, whistle, or any other device to create a loud and/or unusual noise. Authoriz emergency vehicles shall be exempt from this Section. "Excessive or unusual noise" as used in this Section and 10-185 includes, but is not limited to, any sound made by a passenger motor vehicle or a motorcycle at any time under any condition of grade, speed, acceleration or deceleration which exceeds ninety- two (92) decibels, or, any lower decibel level that is fixed by law or the rules and regulations regularly adopted by the board of environmental and community services, on the A scale of a general radio company No. 1551-B sound level meter, or equivalent, stationed at a distance of not less than twenty (20) feet to the side of such vehicle or motorcycle as such vehicle or motorcycle passes the soundmeter or is stationed not less than twenty (20) feet from a stationary motor or engine. 10-190: IMPOUNDING OF VEHICLES --SALES: (A) Impounding of Vehicles with Hazardous or Offensive Loads: Any police officer or other person designated by the City of Meridian shall have the authority to remove to a safe location or store at an impound lot, any vehicle found parked within the city limits of the City of Meridian, which is either: 1. Loaded with, or has contained within or on its structure any inflammable or dangerous substance, when such sub- stance is escaping or leaking from its tank or other container, or otherwise creates an immediate hazard. 2. Loaded with any substance which creates an offensive odor. AMBROSE. FITZGERALD & CROOKSTON ATTORNEYS AND COUNSELORS 929 EAST FIRST MERIDIAN. IOA"O 83662 TELEPHONE 888-4481 (B) Impounding of Vehicles Parked in Excess of 48 Hours: It shall be unlawful for any vehicle to be continuously parked in any one location on any public property or public alley, highway or right-of-way for more than two (2) consecutive days (48) hours. Any police officer, after having properly marked the vehicle, and then having personal knowledge that the vehicle is parked in viola- tion of this Section, may impound said vehicle and have it stored at an officially designated impound storage lot. (C) Moving Vehicles to Clean and Repair streets: It shall be unlawful for any person to refuse, upon request by the City, through its authorized officials, to move any vehicle parked on the City Streets, when such request is made for the purpose of repair or cleaning streets. If any person owning such a vehicle or havinc an interest therein refuses such request, the City shall have the right to move or impound the same and charge the cost thereof to the owner. (D) Sale of Impounded Vehicles: Sale of impounded vehicles shall proceed pursuant to the Rules and Regulations of the Department of Law Enforcement, State of Idaho, Park 800 3a, copies of which shall be on file at the Meridian Police Department. Section 3. That a new Chapter shall be added to Title 10, and shall be known as Title 10, Chapter 4, relate to the issuance of arrest warrants, and read as follows: CHAPTER 4 10-401: ISSUANCE OF WARRANTS OF ARREST: An ordinance providinc for the payment of parking fines to the City of Meridian. In the event the prescribed parking fine is not paid as required, or the parking citation is not otherwise disposed of as authorized by law, a warrant of arrest shall be issued for the registered owner, or leasee, of the vehicle described in the parking citation. (A) If any vehicle is found stopped, standing or parked in any manner violating any of the provisions of this Title, and the identity of the actual driver cannot be determined, the owner or person or corporation in whose name said vehicle is registered or the named leaseee in a rental or lease agree- ment of said vehicle, shall be held prima facie responsible for said violation. (B) It shall be the duty of the Police Department upon observing a vehicle parked, standing or stopped in violation of the provisions of this Title, to leave at or upon such vehicle a notice that such vehicle has been parked or stopped in viola- tion of the provisions of this Title. Among other things, the notice shall bear the date and hour of leaving the same at or upon the vehicle, make of the vehicle, and its license number, the specific Code Section violated and the amount of the fine, instructing the owner or operator of such vehicle to report to the traffic ticket section under the jurisdiction of the City Treasurer's office. The remaining copies or notices herein mentioned shall be filed as follows: One copy shall be retained by the police officer leaving such ticket upon a vehicle, one copy shall be filed with the traffic ticket section of the City Treasurer's office and one copy shall be AMBROSE. filed with the Meridian Police Department. FITZGERALD $ CROOKSTON ATTORNEYS AND COUNSELORS 929 EAST FIRST MERIDIAN. IDAHO 83892 TELEPHONE 888 4481 (C) When a parking citation is issued to a vehicle as required or permitted by this code, the person responsible for the citatio'. shall, within seven (7) calendar days from the date of issue of the citation, pay to the City Treasurer's office, in the City of Meridian, the amount indicated on the parking citation (D) In the event the citation is contested, the person shall appear at the Meridian Police Department within seven (7) day period and sign a document contesting the violation charged. The person will then be assigned a time and date to appear in the Ada County Traffic Court, in the City of Boise, State of Idaho. (E) In the event the parking citation is not disposed of by payment of the prescribed fine, or otherwise as provided by this code within the seven (7) day period, the Meridian Polic Department shall cause a warrant of arrest to be issued. The person named in the warrant of arrest shall be the person described in Subsection A of this Section. Section 4. WHEREAS, there is an emergency therefor, which emergency is hereby declared to exist, this Ordinance shall take effect and be in force and effect from and after its passage, approval and publication as required by law. PASSED by the City Council and City of Meridian, Ada County, Idaho 1979. / ATTES T: )14 Clerk AMBROSE. FITZGERALD IN CROOKSTON ATTORNEYS AND CO VNSELORS 929 EAST FIRST MERIDIAN, IDAHO 63642 TELEPHONE 888-4461 r roved by the Mayor of the is J'~" day of October, STATE OF IDAHO, ) ) ss. County of Ada, ) I, LaWana L. Niemann, City Clerk, of the City of Meridian, Ada County, Idaho, do hereby certify that the above and foregoing is a true, full and correct copy of an Ordinance entitled "AN ORDINANCE REPEALING TITLE 10, CHAPTER 1, ENTITLED TRAFFIC RULES AND REGULATIONS, AND RECODIFYING SAID CHAPTER AND ADOPTING A NEW CHAPTER ON TRAFFIC RULES AND REGULATIONS WHICH SHALL BE KNOWN AS TITLE 10, CHAPTER 1, OF THE REVISED AND COMPILED ORDINANCES OF THE CITY OF MERIDIAN; FURTHER ADOPTING A NEW PROVISION AS TITLE 10, CHAPTER 4, KNOWN AS ISSUANCE OF WARRANTS OF ARREST," passed as Ordinance No.3 , by the City Council and Mayor of the City of Meridian, on the � day of October, 1979, as the same appears in my office. DATED this day of October, 1979. ._ y Clerk of trfev of Meridian Ada County, Idaho STATE OF IDAHO, ) ) ss. County of Ada, ) On this day of October, 1979, before me, the undersigned a Notary Publicin and for said State, personally appeared LaWana L. Niemann, known to me to be the person whose name is subscribed to the foregoing instrument, and acknowledged to me that she in executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year in this certificate first above written. _ Notary Public toIdaho Residing at Meridian, Idaho (SEAL) AMBROSE, FITZGERALD & CROOKSTON ATTORNEYS AND COUNSELORS 929 EAST FIRST MERIDIAN. IDAHO 63662 TELEPHONE 999-4661 AMBROSE. FITZGERALD & CROOKSTON ATTORNEYS AND COUNSELORS 939 EAST FIRST MERIDIAN. IDAHO 83643 TELEPHONE 888-4481 ; • 0 be, and the same is hereby accepted, as requested by the owners, and made a part of the City of Meridian, Ada County, Idaho, and said real property is hereby zoned as follows: I'D" Light Industria: Section 2. That the development of the above described property must go through Design Review, including roadway access and landscaping but not limited thereto. Section 3. That the City Clerk shall cause one (1) copy of the legal description and map which shall plainly and clearly designate the boundaries as altered, to be filed with the Ada County Recorder, Ada County Assessor, and the State Tax Commission within 10 days following the effective date of this Ordinance. Section 4. This ordinance shall be in full force and effect from and after its passage, approval and publication as required by law. PASSED by the City Council and approved by the Mayor of the City of Meridian, Ada County, Idaho, this day of ZLI ¢� , 1979. AMBROSE. FITZGERALD & CROOKSTON ATTORNEYS AND COUNSELORS 929 EAST FIRST MERIDIAN, IDAHO 33662 TELEPHONE 888-4481 ATTENDED ORDINANCE - 2 - '..,j