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Recodification Project 1997
~~':: ,,; r x ~~. , ` ti~ '~!~, Y j ~5 YYF: ' ~ y'.°L' ~ ~ ~ ~ i ~ ~ ~ ~ g'. 4 1 * 1t y ~t i i /bd ~ PP s ,. ~ r t, .. k~N ^ ~ s ;~ ~ c 4a rte='. - ^~' 4.e ~Y h Y p . y ~ r.ni ~b (i ~ y 4 J i:~ 'v ~i ~ t _ ~ r +e ~L 4 • F My ¢ ~ t ~y~. ky ' Y~, N ~ ~~ ~` ~^ ~A - Y E. ~ yj 4A~i'. * L. ~~ ~. ~ Sc d ~ 1 ~~ ~~ ~ ~ ~ f ~ y~/y~ ~/ ~,~,~ ~•,, /V{N NtY lY.14{LYIWG 'S1 l+uc W " f C 4 ~+ ~ aV A+~PL ~ . ~ ~ ~ . • •QQ1 L'~~LrVWJ~~VM'"w'YV;1R~ ~ ~ ~ I 4 ~"".k ~E L 2~ ~, <, ! i ~ 1 '~ vSR'a~~ K~;~; ~. J ~ %~'~.~ d~; ~ ~ ~ F Y .e yYA~ ~ 1 ~ y J a %. . 6 ' e.N. x n 4 ~ .. _ v ems, 4 ~.~ ~~ t~ STERLING CODIFIERS, ® INC. February 7, 1997 William G. Berg, Jr., Clerk CITY OF MERIDIAN 33 East Idaho Street Meridian, ID 83642 Re: 1997 Recodification, Meridian City Code Dear Will: ..~, ~A-eyr.+, i.-.S iv lira. F'' B 1 1 '^:i"r The opportunity to meet with you and the City Attorney yesterday was greatly appreciated, especially in view of the enormous demands made on your timel To briefly recap the issues addressed, the following is at least a partial "to do" list for the City officials and the codifiers. Wayne asked for this, didn't he? City officials: Evaluate chapters in the 1955 City Code and draft an ordinance to repeal those not currently enforced by the City. Check the "City Officials" list presented by Sterling and indicate any changes in the titles of officials which should be made throughout the new Code. Review the "Workbook" pages for Title 1 of the new Code and the few other chapters taken from the 1997 Workbook, and return to Sterling with any changes the City deems appropriate. Regarding Mechanical Code and ADA Act, fmd legislation, if same exists, and send to Sterling, Weiser office. Review "Recodification Questions", numbers 1 through 16, and answer those which were not resolved at the meeting, especially number 10 concerning offenses and misdemeanors in Title 8 of the 1955 Code. Sterling: Send City Clerk the following (under separate cover): Water and sewer chapters 5-1 and 7-5 (as recodified) for City review now. Sample provisions regarding dedication of land or funds in lieu thereof for open spaces, parks, schools for subdivisions. Send City Attorney text making reference to Zoning Maps being on file in the office of the City Clerk. 7600 MIN EHAL DKIV E, COEUN D~ALENE, IDAHO 83814 (800) 338-7458 (208) 762-3449 FAX (208)762-9140 .. .. Will Berg February 7, 1997 Page 2 For penalty clauses throughout the new Code, omit specific penalty amounts and terms of imprisonment and make reference to Section 1-4-1, the general penalty clause for the entire Code. After receiving information from the City Clerk and Attorney, Sterling will complete the "Workbook" and present a draft to the City fora "quick" review by the City Council. When the draft is returned to Sterling, the changes as indicated by the City will be made, the Index prepared and the new Codes will be published! Please call the Weiser office if you have ~ questions, need assistance or want to request any other sample provisions. Also, to speed the process along, please FAX or mail answers, information and legislation affecting the Code to Weiser just as soon as same is available. We are most anxious to work closely with the City officials for completion of this extremely important recodification project. Thanks so much to you, and to Wayne, for your quality time, your sincere interest and your efforts. Yours truly, STERLING CODIFIERS, INC. aJ ckie Campbell New Codes Division cc Wayne Crookston, City Attorney WEISER BRANCH OFFICE 106 West Main - #203 Weiser, ID 83672 208/549-2832 FAX 208/549-1515 • MERIDIAN, IDAHO 1997 RECODIFICATION TABLE OF CONTENTS Sterling Codifiers, Inc. February 1997 The following is a Table of Contents showing the chapters included in the 1997 recodification of the Meridian City Code. Note that the information in parentheses indicates from where the chapter is derived, i.e.: sample materials presented by Sterling, the chapter and/or section of the 1955 Code and/or City ordinances. TITLE 1 ADMINISTRATION Chapter 1 Official City Code (Sample for update, replaces 1-1) Chapter 2 Saving Clause (Sample for update) Chapter 3 Definitions (Sample for update) Chapter 4 General Penalty (Sample for update, replaces 1-2) Chapter 5 Official And Corporate Provisions (to include) Official Map (1-3) Corporate Seal (1-4) Official Newspaper (1-12) Chapter 6 Mayor (1-6 and Sample) Chapter 7 City Council (1-7; Ord. 735) Chapter 8 City Officers And Employees (Includes the following) General (Officers' Duties; Bonds; etc.) (1-8) Salaries (1-11) Article A City Clerk (1-804 and Sample) Article B City Treasurer (1-809 and Sample) Article C City Attorney (1-805 and Sample) Article D City Works Superintendent (1-806 and Sample) Article E Health Officer (1-811, 1-812 and Sample) Chapter 9 City Finances (Includes the following) Claims Filed With City (1-9) Depository (1-10) Chapter 10 Elections (Includes the following) Precincts (1-5) Manner Of Conducting Elections (Sample) Initiative And Referendum (Sample) Chapter 11 Area Of City Impact (1-13) Chapter 12 Comprehensive Plan (2-11; Ord. 595) Chapter 13 Economic Development Corporation (1-14) TITLE 2 BOARDS AND COMMISSIONS Chapter 1 Planning And Zoning Commission (Ord. 676) Chapter 2 Parks And Recreation Commission (Ord. 733) Chapter 3 Traffic Safety Commission (4-2) • Chapter 4 Historic Preservation Commission (1-15) • u TITLE 3 BUSINESS AND LICENSE REGULATIONS Chapter 1 General Licensing Provisions (3-1; Ord. 744) Chapter 2 Beer, Wine And Liquor (3-2; Ord. 684) Chapter 3 Amusements (Sample) Chapter 4 Peddlers And Solicitors (3-10) Chapter 5 Pawnbrokers (3-20) Chapter 6 Massagists And Massage Establishments (8-20) Chapter 7 Escort And Escort Bureaus (8-21) Chapter 8 Private Security Services (8-22) Chapter 9 Precious Metal Dealers (3-19) Chapter 10 Adult Businesses (8-19) Chapter 11 Mobile Home Parks (3-5) TITLE 4 PUBLIC Chapter 1 Chapter 2 Chapter 3 Chapter 4 TITLE 5 FIRE Chapter 1 Chapter 2 Chapter 3 Chapter 4 TITLE 6 Chapter Chapter Chapter HEALTH AND SAFETY Sanitary Service System (7-3) Nuisances (Includes the following) Refuse In Buildings; Stagnant Water (7-4) Nuisances, Generally (8-9) Weeds (8-903) Abandoned Or Inoperable Vehicles Or Personal Property (8-18) REGULATIONS Fire Department (1-808; 5-3; Ord. 674) Open Burning (6-5) Clean Air Regulations (Ord. 667) Fireworks (6-3) POLICE REGULATIONS 1 Police Department (1-807; 5-2) 2 Animal Control (8-1; 8-12) 3 Misdemeanors (Adopt State Criminal Laws, title 18) 6-3-1 Chapter 4 Misdemeanors, Generally (8-16 -omit most §§) 6-3-3 Public Disturbance Noises (Amd. 649) 6-3-2 General Offenses Prohibited (8-7) omit Air Guns, Firearms (8-2) omit Coin-Operated Amusement Devices Prohibited (8-4) 6-3-5 Abandoned Ice Boxes, Refrigerators, Containers (8-8) omit Resisting An Officer (8-10) 6-3-4 Hypnosis (8-13) omit Gambling (8-14) omit Loitering (8-17) omit Electric Fences Prohibited (8-11) 6-3-6 Minors (Includes the following) Curfew (8-5) 6-4-1 Parental Responsibility (8-1501)6 4-6 Encouraging Delinquency Of A Minor (8-1614) 6-4-5 Beer, Procuring Or Selling To Minors (18-1605) 6-4-3 Minors In Pool Halls (18-1629) 6-4-4 Cigarettes Or Tobacco Possession, Possession (18-1637) 6-4-2 1997 Recod~atlon Table of Contents rage a • TITLE 7 MOTOR VEHICLES AND TRAFFIC Chapter 1 Traffic Code, Rules And Regulations (10-1) Chapter 2 Parking Regulations (10-3; 10-4; Ord. 648) Chapter 3 Motor Vehicle Emissions Control (7-6; Ord. 738) Chapter 4 Bicycles (10-2) Chapter 5 Golf Carts (Ord. 641) TITLE 8 PUBLIC WAYS AND PROPERTY Chapter 1 Streets, Sidewalks And Public Ways (Includes the following) Snow And Ice Removal From Sidewalks (9-2) Chapter 2 Uniform Street Name And Address Number Code (9-7) Chapter 3 Curbs And Sidewalks, Additions Affected (9-1) Chapter 4 Encroachments; Fences (9-8) Chapter 5 Trees And Shrubbery (9-3) Chapter 6 Irrigation And Drainage Canals And Ditches (9-9) TITLE 9 WA7 Chapter 1 Chapter 2 Chapter 3 Chapter 4 Chapter 5 'ER AND SEWER Water Use And Service (5-1; Ord. 743) Sewer And Water Installations (9-5) Cross-Connection Control (5-143) Sewer Use And Service (7-5) Sewer Pretreatment (Ord. 697) • TITLE 10 BUILDING REGULATIONS Chapter 1 Building Code (2-1) Chapter 2 Plumbing Code (2-2) Chapter 3 Electrical Code (2-3) Chapter 4 Fire Prevention Code (2-10; Ord. 706) Chapter 5 Flood Damage Prevention (2-4; Ord. 643) TITLE 11 ZONING REGULATIONS (Title 11, 2-4; Ord. 430 and amendments) Chapter 1 Title, Authority, Intent And Purpose (2-401, 2-402) Chapter 2 Rules And Definitions (2-403) Chapter 3 Administration; Penalty And Enforcement (11-102; 2-404, 2-423) Chapter 4 General Provisions (2-405) Chapter 5 Nonconforming Buildings, Structures And Uses (2-406) Chapter 6 Zoning District Map And Districts (2-407) Chapter 7 Zoning Districts; Establishment And Purpose (2-408) Chapter 8 Zoning Schedule Of Use Control (2-409) Chapter 9 Zoning Schedule Of Bulk And Coverage Controls (2-410) Chapter 10 Residential Housing Standards (2-411) Chapter 11 Floodplain Overlay District (FP) (2-412) Chapter 12 Performance Standards For District Uses (2-413) Chapter 13 Off-Street Parking And Loading Facilities (2-414) Chapter 14 Signs (2-415) Chapter 15 Zoning Amendment Procedures (2-416) Chapter 16 Annexation And Zoning Upon Annexation (2-417) Chapter 17 Conditional Uses (2-418) Chapter 18 Variances (2-419) 1997 Recodi,/ication Table of Contents ~a Chapter 19 Chapter 20 Chapter 21 Certificates And Fees Illustrations (2-424) Official Zoning Maps (2-420, 2-421, 2-422) (2-425) TITLE 12 SUBDIVISION REGULATIONS (Title 11.9-6: Ord. 430 and amendments) Chapter 1 Chapter 2 Chapter 3 Chapter 4 Chapter 5 Chapter 6 Chapter 7 Chapter 8 Chapter 9 Chapter 10 Chapter 11 Chapter 12 INDEX i i Title, Authority, Intent And Purpose (9-601, 9-602) Definitions; General Provisions (9-603, 9-B13 to 9-616) Subdivision Approval Procedure (9-604) Design Standards (9-605) Improvement Standards (6-606) Planned Development (6-607) Mobile Homes (9-608) Cemetery Subdivision (9-609) Floodplain Subdivision (9-610) Vacations And Dedications (9-611) Variances (9-612) Illustrations (9-617) 1997 Recodflcatton Table of Contents Page 4 4 MERIDIAN, IDAHO 1955 CITY CODE CHAPTER LISTING Sterling Codifiers, Inc. February 1997 • The following is a listing of all the chapters in the 1955 City Code. The right- hand column shows which chapters were not included in the 1997 recodifica- tion and why. The City needs to carefully consider all the chapters listed below, especially those which have been omitted by Sterling, and indicate the following: Line through any chapters the City agrees should be omitted, as well as any other chapters listed below which the City does not enforce. For chapters Sterling did not include, circle chapter number and name if same should be retained as is. Write "Update" beside those chapters the City feels it needs to revamp. Write "Sample" beside any for which a sample is requested from Sterling. 1955 Code Title/Cheater & Subject Title I Administrative 1-1, Ordinances 1-2, Penalty 1-3, Official Map 1-4, Corporate Seal 1-5, Precincts 1-6, Mayor 1-7, The Council 1-8, Appointments, Appointive Officers And Duties And Bonds Of City Officials 1-9, Claims Filed With City 1-10, Depository 1-11, Salaries 1-12, Newspaper 1-13, Area Of City Impact 1-14, Economic Development Corporation 1-15, Historic Preservation Code Title II Building Regulations 2-1, Building Code 2-2, Plumbing Code 2-3, Electrical Code 2-4, Flood Damage Prevention ChaoterPlot Included Updated with Sterling sample Updated with Sterling sample • • • 1955 Code Title/Chanter & Subject 2-5, Radio And Television Interference 2-6, Television And Radio Antennas 2-7, Public Garages 2-8, Gas Distribution And Transmission Lines 2-9, Gas Installation And Piping 2-10, Fire Codes 2-11, Comprehensive Plan Title III Business Regulations 3-1, General License Conditions 3-2, Beer, Sale And Regulation 3-3, Punchboards, Chance Spindles And Chance Prize Games 3-4, Advertising And Bill Posting 3-5, Mobile Home Trailer Parks 3-fi, Motels 3-7, Hotels 3-i3, Motion Picture Houses 3-9, Amusements 3-10, Peddlers And Solicitors 3-11, Pool Halls 3-12, Flammable Liquids 3-13, Retail Sale Of Liquor By The Drink 3-14, Itinerant Merchants 3-15, CATV System 3-16, Wine 3-17, Self-Service Stations 3-18, Light, Heat And Power System 3-19, Precious Metal Dealers 3-20, Pawnbrokers Title IV Commissions 4-1, Planning Commission (Ord. 676) 4-2, Traffic Safety Commission Title V Departments 5-1, Water System 5-2, Police Department 5-3, Fire Department Title VI Fire Regulations 6-1, Fire District 6-2, Explosives 1955 City Code Chapter Listing Chanter Not Included Not included due to age Not. included due to age Not included due tt1 age Not included due to age Not included due to age Not included due to age Not included due to age Not included due to age ~ Not included due to age r Not included due to age ~ Updated wkh Sterling sample Updated with Sterling sample Not included due to age Not included in lieu of 3-10 Franchises not normally included Not included due to age Franchises'~ot nort»afly inciUded Not included due to age Not: included due to age Page 2 _..,,. .~:r, . _.. S.w`L .,rte '>a~-.. ~ ----"" _.. - h L J 1955 Code Title/Cheater & Subject 6-3, Fireworks 6-4, Inflammables 6-5, Burning Title VII Health And Sanitation 7-1, Eating And Drinking Establishments 7-2, Milk And Milk Products 7-3, Sanitary Service System 7-4, Refuse In Buildings; Stagnant Water 7-5, Sewer Use 7-6, Motor Vehicle Emissions Control Title VIII Police Regulations 8-1, Animal Control Regulations 8-2, Air-Guns, Firearms 8~, Civil Defense 8-4, Coin Operated Amusement Devices 8-5, Curfew 8-6, Dogs 8-7, General Offenses 8-8, Abandoned Ice Boxes, Refrigerators, Containers 8-9, Nuisances 8-10, Resisting An Officer 8-11, Electric Fences Prohibited 8-12, Livestock Harbored On Private Properly 8-13, Hypnosis 8-14, Gambling 8-15, Minors 8-16, Misdemeanors Chanter Not Included Not induded due to age Not included due to age Not included due to age Not included due to age (Covered by Statute) (Covered by Statute) Not included due'to age (Covered by Statute) (Sterling sample adopts Statute; see new Section 6-3-1) (Covered by Statute) 8-17, Loitering 8-18, Abandoned, Wrecked Or Stolen Vehicles Or Personal Property 8-19, Obscenity (Adult Businesses) 8-20, Massagists And Massage Establishmetrts 8-21, Escort And Escort Bureaus 8-22, Private Security Services Title IX Public Ways and Property 9-1, Curbs And Sidewalks, Additions Effected 9-2, Removal Of Snow And Ice 9-3, Trees And Shrubbery 1955 City Code Chapter Listing Page 3 w ~r-~ .r , :.=a,.. c2x.s ~• s 1955 Code Title/Chapter & Subject Chapter Not Included 9-4, Signs And Awnings (Part of Zoning now) (Rep. by Ord. d3©, 4-2-1,984)- 9-5, (Repealed) (Rep. by Ord. 430, 4-2-1984) 9-8, Subdivisions (see Subdivision Title 12) (Rep. by Ord. 430, 4-2-1984) 9-7, Uniform Street Name And Address Number Code 9-8, Encroachments; Fences 9-9, Irrigation And Drainage Canals And Ditches Title X Traffic Rules And Regulations 10-1, Traffic Rules And Regulations 10-2, Bicycles 10-3, Parking 10-4, Payment Of Parking Fines (Omit?) (See.10-309 and 10-310) Title XI Zoning, Subdivisions And Development 11-1, Zoning And Development Ordinance Titles 11 and 12 11-101, Adoption Of Zoning And Development Ord. Titles 11 and 12 11-102, Fee For Copies Of Zoning And Development - ~~ 1 T-3-6 Lsting Page 4 it 1 Y'r ~i: F ,. 1 ....- s sN+..xii . CITY OFFICIALS • • Titles of Officials (Confirmation) Sterling Codifiers, Inc. February 6, 1997 City officials provided for in the 1955 City Code and ordinances: Mayor Council (4 members) City Clerk City Treasurer City Attorney Police Chief Fire Chief Planning and Zoning Commission Parks and Recreation Commission Traffic Safety Commission Historical Preservation Commission Health: Central District Health Department of the State of Idaho throughout Code. See Obscenity (8-1907). Also in Zoning Ord. 430 (new Section 11-2-2) -Central District Health Department or Idaho State Health and Welfare (page 13, 11-2-4036) and District Health Department of the Department of Health and Welfare (page 51, 11-2-41 X 1 a). Simply "Health Department" in subsection 8-148(6) (rabies, quarantine). Which is correct? Response: City Works Superintendent (1955 Code Section 1-806, Chapter 1-8D in 1997 Recodification). Is this official currently active in City government? We note that there is reference made in the 1955 City Code to a Superintendent of Water, a Superintendent of Sewers, and a Public Works Director is mentioned in Ord. 697, new Section 9-5-126. Response: • Title of Official Health Officer (1-811, 1-812) Building Inspector (8-1907) Plumbing Inspector (2-203) Exists Change to Electrical Inspector • (2-3-3) Fire Inspector for the City (8-1907) City Engineer (8-1907) Parks and Recreation Superintendent (new 2-2-2A; Ord. 733) Sanitary Inspector (7-302) Animal Control Officer (8-102) Parking Control Office or Officer (10-309) Street Commissioner (9-104) Sanitary Sewer System Commissioners (7-308A) Superintendent of Waterworks (5-101 et seq.) Water Commissioner (5-116) . Water Board of Appraisers (5-128, 5-129) Water Department (7-312) Superintendent of Sewers (7-503) Sewer Board of Appraisers (7-528, 7-529) Public Works Director (new 9-5-3, Ord. 697) Public Works Department (new 9-5-126, Ord. 697) Pretreatment Coordinator (new 9-5-4H1, Ord. 697) Building Department - (8-1807) Building Department Director ._ (9-805) Licensing Department (8-118) Administrator (Zoning) (11-2-4036) • • MERIDIAN, IDAHO RECODIFICATION QUESTIONS Sterling Codifiers, Inc. February 6, 1997 1. Reorganization for new Code, omission of 1955 Code chapters: Review the following two documents: 1955 Code Chapter Listing 1997 Recodification Table of Contents Evaluate chapters as indicated on 1955 Listing. 2. Penalty Provisions Throughout New Code: Suggest making reference to new Section 1-4-1 and omitting specific penalty amounts and imprisonment. For example, a penalty clause would be changed in the following manner: 8-2109: PENALTY: Any person violating any of the provisions of this Chapter shall be deemed guilty of a misdemeanor and, upon conviction • thereof, shall be subject to penalty as provided in Section 1-4-1 of this Code. Each day such violation is committed, or permitted to continue shall constitute a separate offense and shall be punishable as such hereunder. (Ord. 531, 6-5-1990; 1997 Code) Does the City agree with this suggestion? Response: 3. Title 2, Building Regulations. Have more recent Building, Plumbing, and Electrical Codes been adopted? Does the City enforce any other nationally-recognized Codes, i.e., Mechanical; and what about the Americans With Disabilities Act (statute 39-4116 (2) requires that cities adopt this Act)? Response: C~ • 4. Fence Regulations: Fence regulations appear in the following Sections of the new Code: 3-507.8H, I and J (mobile home parks, new 3-11-7H8) 8-1101, 8-1102 (electric fences, new 6-3-6) Appears that 8-4-5A (9-807A) repeals this Section. 9-807 (general regulations, new 8-4-5) 11-2-403B (zoning regulations, defined page 12; new 11-2-2) 11-9-605J (subdivision regulations page 20, new 12-4-10) Are all of the above provisions acceptable, needed in the City Code, and not in conflict with each other? Response: 5. Water and Sewer Regulations, Chapters 5-1 (dating from 1975 to 1996) and 7-5 (dating from 1956 to 1996) need City review for overlapping and/or inconsistent provisions within each Chapter. No specific questions at this time. • 6. Section 1-808, Chief of Fire Department; also Chapter 5-3. Shouldn't Section 1-808 be omitted in lieu of Ord. 674 which replaces Chapter 5-3? Also, it is Sterling policy to change "firemen" to "firefighters". Is said change acceptable in Ord 674? Response: Omit Section 1-808 _, Retain Section 1-808 In Ord. 674, change "firemen" to "firefighters" throughout _; Do not change "firemen" to "firefighters", do as Ord shows 7. Chapter 3-5, Mobile Home Trailer Parks. Does this Chapter need updating, in lieu of newer zoning regulations; i.e., Section 3-502.1 (A), reference to "Residential Zone A and Residential Zone B"? Response: C~ Meridian Recodification Questions Page 2 • 8. Chapter 5-2, Police Department (also Section 1-807, Chief of Police same as Section 5-201). Does this Chapter need to be updated? Response: 9. Chapter 6-3, Fireworks. Derived from 1967 Ordinance. Does City currently enforce Chapter, as written? Response: 10. Title 8, Police Regulations. Several chapters falling under "Offenses" or "Misdemeanors" category. City may want to consider adopting Idaho Code title 18, "Crimes and Punishments" and omit numerous chapters in Title 8 of the City Code, and various sections in Chapter 8-16, "Misdemeanors". See "1997 Recodification Table of Contents". Response: r1 U 11. Chapter 8-19, Obscenity (we renamed as "Adult Businesses" and placed in the "Business Regulations" Title of the recodification. Derived from 1978 Ordinance. Does City still enforce, as written? Response: 12. Section 8-2213, Private Security Services, "Licenses; Authority". In last line, should the word "contract" be changed to "contrary"? Response: C?~h~r~~ ~ 13. Chapter 9-1, Curbs and Sidewalks, Additions Effected. Is this Chapter needed in the new Code? Response: /1/v - ~Jr~v~il.L ~h Sa64li~if/vr~. ~(,(P(/G/o~n~Bn-f" o'?~ih a n cep Meridian Recodification Questions Page 3 14. Section 10-101(A), Adoption of Idaho Motor Vehicle Laws. Suggest • changing reference to "Meridian Ordinances" to "Meridian City Code". Does the City agree? Response: ~~ ~ GLi.~'+~ 15. Chapter 1 O-4, Payment of Parking Fines. Shouldri t Section 10-401 have been repealed by Ord. 507, see Sections 10-309 and 10-310? Response: Mc - (,r!Qn ~-( C~Qh~IL ~~~a~r~h~ by ~u~/y~ 16. Title 11, Zoning, Subdivision and Development Ordinance. Are illustrations and maps needed in the City Code? Response: ~-P ~•i ~ !'Lc aVruc a.( / h Cf >~ (~~f~~.f O~y~~ Meridian Recodifica[ion Questions Page 4 ME3 • CHAPTER 3 MISDEMEANORS 6-3 (1) Note that numerous misdemeanor offenses in Title 8 of the 1955 City Code have NOT bees included in the new Code. See our comments below, following sample Section 6-3-1. SECTION: 6-3-1: State Law Adopted 6-3-2: Public Disturbance Noises 6-3-3: Liquor Related Offenses 6-3-4: Resisting An Officer 6-3-5: Coin-Operated Amusement Devices Prohibited 6-3-6: Electric Fences Prohibited !2R! So that compliance with State law does not become an issue, and for uniformity of treatment of offeadweaata~o consider administration of the laws, the City may adopting the State Criminal Code (Idaho Code title 18) by reference and omitting those sections of Title 8 of the 1955 City Code which are covered by said statute. If the City should agree with this suggestion, it may decide to retain those provisions which are unique to or of special interest to the City. The above Section is a sample for consideration. Does the City wish to include the above Section in this Chapter? Response: Yes No Change text of sample as follows or as enclosed herewith: Due to the age of the fo and/orgthe facts that mosthoftthe (listed alphabetically) Idaho Code title 18, we are asking provisions are covered by Code. we if such sections/chapters are needed in the new C~teL of the have indicated in parentheses the thgtgtatute which covers 1955 City Code. On the neXt line, if the sectiosav °the is Shower. Please indicate might that 811b]eCt ", This Brocess lust clean up the "omitted" or "retainvaluable time, and he1B be the City codifiers and City Code. 6-3-3: S'I'ATE LAW ADC}P`PED:' • • r~ L ME3 Abandoned Ice Boxes, Refrigerators, Containers I.C. § 18-5816 Omit , Retain _ Aid In Escape (Section 8-1601) I.C. § 18-2504 Omit , Retain Aid To An Offense (Section 8-1602) I.C. S 18-304 Omit Retain Air-Guns, Firearms (Chapter 8-2) I.C. § 18-3301 et seq. Omit Retain Arson (Section 8-1603) Omit Retain Assault Or Battery (Section 8-1604) I.C. S 18-901 et seq. Omit Retain Concealed weapons (Section 8-1606) I.C. § 18-3302 Omit Retain 6-3 (2) (Chapter 8-8) Deposits Of Injurious Material On_Thoroughfares (Section 8-1607) I.C. § 18-3906 Omit Retain Disorderly Conduct (Section 8-1608) I.C. § 18-6401 et seg. Omit Retain Disorderly Dance Halls (Section 8-1609) Omit , Retain Disorderly Houses (Section 1610) Omit , Retain Distribution Of Obscene Literature (Section 8-1611) I.C. § 18-1513 et seq. Omit Retain Disturbing The Peace (Section 8-1612) I.C. § 18-6409 Omit Retain Drunkenness (Section 8-1613) I.C. § 18-116 Omit Retain I.C. § 49-732 repealed eff. July 1983 Escapes (Section 8-1615) I.C. § 18-2506 Omit Retain Failure To Appear (Section 8-1616) This Section is in regard to traffic tickets, and should be omitted or placed in the Traffic Title of the new Code. Section 7-1-1 of the new City Code adopts the Idaho Motor Vehicle Laws by reference. Omit Retain in this Chapter , Move to Title 7 of the new Code False Pretenses (Section 8-1617) 6-3 (3) ME3 • I.C. § 18-2401 et seg Omit , Retain (Section 1618) Omit , Retaia (Section 8-1619) I,C, § 18-2503 Omit Retain Gambling (Chapter 8-14)Omit , Retain I,C, § 18-3801 General Offense (Sectioa 8-1620) I,C, § 18-303 Omit , Retain Givin Assistance To Pol~it fficer Retain ion 8-1621) I.C. § 18-707 House Of Prostitution (Section 8-1622) I,C, § 18-5612 Omit , Retaia Hwnosis (Chapter 8-13) Retain Omit • Impersonating An Officer (Section 8-1623) Omit , Retain Iadecent Exoosure (Section 8-1624) Retaia I.C. § 18-4101 et seg. Omit , Keeping Of Junk Restricted (Section 8-1625) I.C. § 18-5901 we feel that this Section is covered by Title 4, Chapter 4, "Abandoned Or Inoperable Vehicles Or Personal Property", of the new City Code. Omit , Retain Lewd Cohabitation (Section 8-1626) I.C. § 18-6604; this statute was repealed effective July 1994. Omit , Retaia Loitering (Chapter 8-17) I.C. § 18-7008 Omit Retain Luc wheels Prohibited (Section 8-1627) I.C. § 49-948 This is another traffic provision, which is probably covered by the adoption of the State Vehicle Laws. Suggest omitting or moving to Title 7, Traffic, of the • new Code. Omit Retain in this Chapter , Move to Title 7 of the new Code Malicious Iniurv To Property (Section 8-1628) I.C. § 18-7001 et seg. Omit , Retain ME3 6-3 (4) • Molesting Fire Apparatus (Section 8-1630) I.C. § 18-7001 et seq. Omit , Retain Muffler; Unnecessary Noise (Section 8-1631) I.C. § 49-937 This is another traffic provision, which is probably covered by the adoption of the State Vehicle Laws. Suggest omitting or moving to Title 7, Traffic, of the new Code. Omit , Retain in this Chapter , Move to Title 7 of the new Code Nuisances Defined (Section 8-1632) I.C. § 18-5901 et seg. This is covered in Section 4-2-1 of the new Code, and not needed in this Chapter. we suggest omitting this Section. Omit Retain Obscene Conduct (Section 8-1633) I.C. § 18-4101 et seq. Omit Retain Petit Larceny (Section 8-1634, in 1955 Code # appears as 6-1834) I.C. § 18-4605 Omit , Retain • Prostitution (Section 8-1635, in 1955 Code # appears as 6-1835) I.C. ~ 18-5613 Omit Retain Riot (Section 8-1636) I.C. §§ 18-6401, 18-6410 Omit Retain Swindling (Section 8-1638) I.C. § 18-2401 et seq. Omit Retain Trespassing (Section 8-1639) I.C. 5 18-7008 Omit Retain Unlawful Assembly (Section 8-1640) I.C. § 18-6404 Omit Retain Vagrancy (Section 8-1641) I.C. § 50-308 for authority of City to regulate; however, vagrancy provisions are often considered to be too vague, thereby being difficult to enforce. Suggest omitting. Omit Retain wilful Concealment Of Goods, Wares Or Merchandise (Section 8-1642) I.C. § 18-2401 Omit , Retain • ME3 6-3 (5) • 6-3-2: PUBLIC DISTURBANCE NOISES: A. Prohibited Acts: It is unlawful for any person to cause, or for any person in possession of property to allow to originate from the property, sound that is a public disturbance noise. The following sounds are determined to be public disturbance noises: 1. Horns Or Sirens: The frequent, repetitive or continuous sounding of any horn or siren attached to a motor vehicle, except as a warning of danger or as specifically permitted or required by law; 2. Repetitive Motor Vehicle Sounds: The creation of frequent, repetitive or continuous sounds in connection with the starting, operation, repair, rebuilding or testing of any motor vehicle, motorcycle, off-highway vehicle or internal combustion engine within a residential district, so as to unreasonably disturb or interfere with the peace, comfort and repose of owners or possessors of real property; 3. Yelling Or Shouting: Yelling, shouting, hooting, whistling or singing on or near the public streets which unreasonably disturb or interfere with the peace, comfort and repose of owners or possessors of real property; • 4. Noise From Buildings: The creation of frequent, repetitive or continuous sounds which emanate from any building, structure, apartment, or condominium, which unreasonably interfere with the peace, comfort, and repose of owners or possessors of real property, such as sounds from audio equipment, musical instruments, band sessions or social gatherings; 5. Motor Vehicle Sound Systems: Sound from motor vehicle sound systems, such as tape players, radios, and compact disc players, operated at a volume so as to be audible greater than one hundred feet (100') from the vehicle itself; 6. Audio Equipment: Sound from audio equipment, such as tape players, radios, or compact disc players, operated at a volume so as to be audible greater than one hundred feet (100') from the source, and if not operated upon the property of the operator. B. Exceptions: The foregoing provisions shall not apply to regularly scheduled events at parks, such as public address systems for baseball games or park concerts. C. Public Disturbance Noise Time Period: Public disturbance • noises shall not be permitted within the City between the hours of eleven o'clock (11:00) P.M, and six o'clock (6:00) A.M. D. Violation, Penalties: Any person violating the provisions of this Section shall be punished by a fine in a sum not ME3 6-3 (6) • exceeding three hundred dollars ($300.00) for the first violation hereof, of which one hundred dollars ($100.00) shall not be suspended or deferred; a fine of three hundred dollars ($300.00) shall be imposed for each subsequent violation, of which one hundred fifty dollars ($150.00) shall not be suspended or deferred. (Amd. Ord. 649, 8-20-1996) Throughout this Code workbook, we have suggested that the penalty amounts be omitted and reference be made to Section 1-4-1 of this Code; however, in this case, should the penalty be retained as is? Response: Retain wording as is Omit penalty amounts and refer to Section 1-4-1 , Change as follows: 6-3-3: LIQUOR RELATED OFFENSES: A. Alcoholic Beverages Prohibited In City Parks: 1. Consumption Or Possession Prohibited: Except as provided below, it shall be unlawful and illegal for any person to consume or have in their possession any type of alcoholic • beverage in any shape or form, in or on the City parks. Any person violating this Section is guilty of a misdemeanor, the penalty for which is the sum of two hundred fifty dollars ($250.00) and/or thirty (30) days in jail. Pursuant to our comments at Section 1-4-1 of this Code, should bolded text be omitted and reference made to Section 1-4-1 of this Code? Response: Yes No , Change as follows: 2. Park Alcoholic Beverage Permit; Fee; It shall not be a violation of this Section to consume or to have in their possession any type of alcoholic beverage in any shape or form if the person has obtained from the City Clerk a park alcoholic beverage permit. The City Clerk may issue park alcoholic beverage permits upon application therefor upon proof of age, and payment of the required fee as set forth by resolution of the City Council; provided, however, no permit shall be issued allowing consumption or possession of alcoholic beverages in the park for a period longer than six (6) hours in any one twenty four (24) hour period nor during • any period of time when a park is closed. The person obtaining the permit shall have the permit available at the park for inspection, upon demand, by any police officer or other City official, and the failure to have the permit for inspection shall subject the person who actually obtained the permit, and all other persons in his corporation, partnership, association ME3 6-3 (7) • or organization to the criminal penalties cited in subsection Al above. (Ord. 515, 10-3-1989) B. Open Container Law: For statute authority, see I.C. 23-505. 1. Removal Of Liquor From Premises; Definition: It shall be unlawful for any person to remove an open container containing any alcoholic beverage from the premises of any business establishment which holds a beer, wine or liquor license. "Premises' shall mean the building and contiguous property owned, or leased, or used under government permit, by the holder of a liquor, wine or beer license as part of the business establishment in the business of the sale, at retail, of liquor, wine or beer, which property is improved to include decks, docks, boardwalks, lawns, gardens, golf courses, courtyards, patios, abutting sidewalks, pool side areas, or similar improved appurtenances in which, or on which, the sale of liquor, wine or beer is authorized by the City. 2. Open Container In Vehicle: It shall be unlawful for any person, while operating or riding in or upon a motor vehicle upon a public highway of the City, County or State, to consume beer, wine or liquor or have in his possession any beer, wine • or liquor in an open or unsealed container of any kind. 3. Penalty: Any person violating either of the above two provisions shall be guilty of a misdemeanor and, upon conviction thereof, shall be punished by a fine not to be less than fifty dollars ($50.00) nor more than three hundred dollars ($300.00) or not more than thirty (30) days in jail or by both such fine and imprisonment. (Ord. 509, 6-6-1989) Pursuant to our comments at Section 1-4-1 of this Code, should bolded text be omitted and reference made to Section 1-4-1 of this Code? Response: Yes , No , Change as follows: 6-3-4: RESISTING AN OFFICER: For statute authority, see I.C. § 18-705. Omit Section , Retain Section _ A. Resist, Delay Or Obstruct: It shall be unlawful for any • person within the corporate limits of the City wilfully to resist, delay, or obstruct any public officer of the City, in the discharge, or attempt to discharge, of any duty of his office. (1955 Code ~ 8-1001) B. Attempt By Threats Or Violence To Deter: It shall be • ME3 6-3 (8) • unlawful for any person within the corporate limits of the City to attempt by means of any threat or violence to deter or prevent any police officer of the City from performing any duty imposed upon such officer by law. (1955 Code § 8-1002) C. Resist By Force Or Violence: It shall be unlawful for any person within the corporate limits of the City to resist by force or violence any police officer or other official or employee of the City while in the discharge of his official duties. (1955 Code § 8-1003) D. False Reports: It shall be unlawful for any person to: 1. Intentionally or knowingly request, in any manner, the assistance of the Police Department, Fire Department or any other medical or emergency personnel or equipment, when such assistance is not needed as requested, or aid or abet in the commission of such act or false alarm; 2. Make, file or utter any false, misleading or unfounded verbal or written statement or report to any employee of the City, concerning the commission or alleged commission of any crime or tort; 3. Intentionally or knowingly furnish, in or for any report, • form or application, to the Police Department, Fire Department, or any City employee any false or misleading information if such alters the content or intent of such report, form or application, (Ord. 363, 2-19-1980) E. Obstructions In Performance Of Duty: When any form of personal or real property causes a delay or obstructs any public officer or City employee from performing their duty, the personal or real property may be moved and/or impounded, as necessary or required to eliminate the resistance or obstruction, at the owners', keepers' or tenants' expense. (Ord. 382, 11-3-1980) 6-3-5: COIN-OPERATED AMUSEMENT DEVICES PROHIBITED: A. Definitions: For the purpose of this Section, the following words and phrases shall have the meanings respectively ascribed to them as follows: !DEF! COIN-OPERATED AMUSEMENT DEVICE: A machine or device into which may be inserted any piece of money or other object and from which as a result of such insertion and the application of physical or mechanical force may issue wholly upon any chance or uncertain or contingent event, any piece or • pieces of money, or any check, memorandum, or other tangible evidence calling for money or property, or which check, memorandum, or other tangible evidence is, after issuance, actually redeemed in money or exchanged for money or property by any person whatsoever; which device is defined as and is hereby declared to be gaming but not lottery. • ME3 6-3 (9) • PERSON: Includes an individual person, partnership, corporation or association. (1955 Code § 8-401) !DEFEND! B. Unlawful To Own Or Operate: It shall be unlawful for any person, including an individual person, partnership, corporation, or association, to own and operate, or to possess or permit the operation of any coin-operated amusement device as defined by this Section, within the corporate limits of the City. (1955 Code § 8-402) C. Empowered To Seize: Any peace officer of the City who has probable cause to believe that a coin-operated amusement device is operated and possessed by any person in violation of this Section, is hereby authorized and empowered to seize such device, and upon conviction of any person for such illegal operation and possession, such device shall be declared confiscated by the Chief peace officer of the City making seizure. Upon final determination of such case, said device shall be sold at public sale to the highest bidder after posting notice for at least ten (10) days of the time and place of said sale at a public place at or near the Courthouse door in Ada County, where such sale shall be held. The proceeds of such sale shall thereupon be deposited in and belong to the General Fund of the City. (1955 Code ~ 8-403) • Is above Section currently enforced? Response: Omit Section , Retain Section as is Retain Section with following changes: 6-3-6: ELECTRIC FENCES PROHIBITED: A. Definition: As used herein, the term "electric fence" shall mean a wire or wires, charged intermittently or continuously with electricity, installed around a pasture or plot to form an enclosure in which livestock is kept. (1955 Code § 8-1101) B. Fences Prohibited: It shall be unlawful for any person to install or use an electric fence within the corporate limits of the City. (1955 Code § 8-1102) Should this Section be omitted in lieu of subsection 8-4-SA of this Code (9-807A), which prohibits electric fences in the City limits? Response: Yes No Change as follows: • • MERIDIAN, IDAHO RECODIFICATION PROJECT Parts of Workbook Included Herein Preface page Titles page 1997 Recodification Table of Contents Title 1 page Chapter 1-1, Official City Code Chapter 1-2, Saving Clause Chapter 1-3, Definitions Chapter 1-4, General Penalty Chapter ~1-5, Official And Corporate Provisions Chapter 1-6, Mayor Chapter 1-7, City Council Chapter 1-8, City Officers And Employees Article 1-8A, City Clerk Article 1-8B, City Treasurer Article 1-8C, City Attorney Article 1-8D, City Works Superintendent Article 1-8E, Health Officer Chapter 1-9, City FYnances Chapter 1-10, Elections Chapter 1-11, Area Of City Impact Chapter 1-12, Comprehensive Plan Chapter 1-13, Economic Development Corporation Chapter 2-1, Planning And Zoning Commission Chapter 3-1, General Licensing Provisions Chapter 3-3, Amusements Chapter 6-3, Misdemeanors ME3 • !PREFACE! Pref (1) This volume of the City Code of the City of Meridian, Idaho, as supplemented, contains all ordinances up to and including Ordinance 744, passed September 17, 1996. Ordinances of the City adopted after said Ordinance supersede the provisions of this City Code to the extent that they are in conflict or inconsistent therewith. Consult the City office in order to ascertain whether any particular provision of the Code has been amended, superseded or repealed. Sterling Codifiers, Inc. Coeur d'Alene, Idaho • C 1 J ME3 Titles (1) • !TITLES! ADMINISTRATION 1 BOARDS AND COMMISSIONS 2 BUSINESS AND LICENSE REGULATIONS 3 PUBLIC HEALTH AND SAFETY 4 FIRE REGULATIONS 5 POLICE REGULATIONS 6 MOTOR VEHICLES AND TRAFFIC ~ PUBLIC WAYS AND PROPERTY 8 WATER AND SEWER 9 BUILDING REGULATIONS 10 ZONING REGULATIONS 11 • SUBDIVISION AND DEVELOPMENT 12 • ME3 TC (1) • !TABLE OF CONTENTS! TITLE 1 Administration Official City Code 1 Saving Clause 2 Definitions 3 General Penalty 4 Official And Corporate Provisions 5 Mayor 6 City Council 7 City Officers And Employees 8 City Clerk 8A City Treasurer 8B City Attorney 8C City Works Superintendent 8D Health Officer 8E City Finances 9 Elections 10 Area Of City Impact 11 Comprehensive Plan 12 Economic Development Corporation 13 • TITLE 2 Boards And Commissions Planning And zoning Commission 1 Parks And Recreation Commission 2 Traffic Safety Commission 3 Historical Preservation Commission 4 TITLE 3 Business And License Regulations General Licensing Provisions 1 Beer, Wine And Liquor 2 Amusements 3 Peddler And Solicitors 4 Pawnbrokers 5 Massagists And Massage Establishments 6 Escort And Escort Bureaus 7 Private Security Services 8 Precious Metal Dealers 9 Adult Businesses 10 • Mobile Home Parks 11 TITLE 4 ME3 TC (2) • Public Health And Safety Sanitary Service System 1 Nuisances 2 Weeds 3 Abandoned Or Inoperable Vehicles Or Personal Property 4 TITLE 5 Fire Regulations Fire Department 1 Open Burning 2 Clean Air Regulations 3 Fireworks 4 TITLE 6 Police Regulations Police Department 1 Animal Control 2 Misdemeanors 3 • Minors 4 TITLE 7 Motor Vehicles And Traffic Traffic Code, Rules And Regulations 1 Parking Regulations 2 Motor Vehicle Emissions Control 3 Bicycles 4 Golf Carts 5 TITLE 8 Public Ways And Property Streets, Sidewalks And Public Ways 1 Uniform Street Name And Address Number Code 2 Curbs And Sidewalks, Additions Affected 3 Encroachments; Fences 4 Trees And Shrubbery 5 Irrigation And Drainage Canals And Ditches 6 • TITLE 9 Water And Sewer Water Use And Service 1 ME3 • Sewer And Water Installations Cross-Connection Control Sewer Use And Service Sewer Pretreatment TITLE 10 Building Regulations Building Code Plumbing Code Electrical Code Fire Prevention Code Flood Damage Prevention TC (3) . 2 . 3 . 4 . 5 . 1 . 2 . 3 . 4 . 5 TITLE 11 Zoning Regulations Title, Authority, Intent And Purpose . Rules And Definitions Administration; Penalty And Enforcement General Provisions • Nonconforming Buildings, Structures And Uses TITLE 12 Zoning District Map And Districts Zoning Districts; Establishment And Purpose Zoning Schedule Of Use Control . Zoning Schedule Of Bulk Coverage Controls Residential Housing Standards Floodplain Overlay District (FP) . Performance Standards For District Uses Off-Street Parking And Loading Facilities Signs Zoning Amendment Procedures Annexation And Zoning Upon Annexation Conditional Uses Variances Certificates And Fees Illustrations Official Zoning Maps Subdivision And Development Title, Authority Intent And Purpose Definitions; General Provisions Subdivision Approval Procedure . • Design Standards Improvement Standards Planned Development Mobile Homes Cemetery Subdivision 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 . 1 . 2 . 3 . 4 . 5 . 6 . 7 . 8 ME3 TC (4) • Floodplain Subdivision 9 Vacations And Dedications 10 Variances 11 Illustrations 12 INDEX • • ME3 • !TITLE! 1 ADMINISTRATION • T1 (1) Official City Code Saving Clause Definitions General Penalty Official And Corporate Provisions Mayor City Council City Officers And Employees City Clerk City Treasurer City Attorney City Works Superintendent Health Officer City Finances Elections Area Of City Impact Comprehensive Plan Economic Development Corporation 1 2 3 4 5 6 7 8 8A 8B 8C 8D 8E 9 10 11 12 13 Notice that under Chapter 8 above, Sterling has included Articles for each of the appointed officials. Those Articles set out provisions for the appointment and duties of each official. The use of articles under the "City Officers And Employees" Chapter allows for easily adding or deletiag provisions for a certain official. Are Articles A through 8 an accurate listing of the currently appointed City officials? Response: List of Articles is accurate Omit the following Articles Add the followiag new officials (text enclosed): If any of the articles concerning City officials should be omitted, please indicate at the beginning of the text for such article that same should be "omitted", and igaore any questions asked within such article. • ME3 • CHAPTER 1 OFFICIAL CITY CODE 1-1 (1) This Chapter, as well as Chapters 2 and 3 of this Title, have been included is the new City Code by Sterling, and said Chapters replace Chapter 1, Title 1, "Ordinances", of the 1955 City Code. Please review this Chapter and so indicate any desired changes by making notations in the margin, crossing out text not needed, or adding new language. For ordinance codification authority, see I.C. S$ 50-903, 50-904, 50-905 and 50-906. SECTION: 1-1-1: Title 1-1-2: Acceptance 1-1-3: Amendments 1-1-4: Code Alterations !2R! • 1-1-1: TITLE: Upon the adoption by the City Council, this City Code is hereby declared to be and shall hereafter constitute the official City Code of Meridian. This City Code of ordinances shall be known and cited as the MERIDIAN CITY CODE and is hereby published by authority of the Council and shall be supplemented to incorporate the most recent legislation of the City as provided in Section 1-1-3 of this Chapter. Any reference to the number of any section contained herein shall be understood to refer to the position of the same number, its appropriate chapter and title heading, and to the general penalty clause relating thereto, as well as to the section itself, when reference is made to this City Code by title in any legal documents. (1997 Code) 1-1-2: ACCEPTANCE: The City Code, as hereby presented in printed form, shall hereafter be received without further proof in all courts and in all administrative tribunals of this State as the ordinances of the City of general and permanent effect, except the excluded ordinances enumerated in Section 1-2-1 of this Title. (1997 Code) • 1-1-3: AMENDMENTS: Any ordinance amending the City Code shall set forth the title, chapter and section number of the section or sections to be amended, and this shall constitute sufficient compliance with any statutory requirement pertaining to the amendment or revision by ME3 1-1 (2) • ordinance of any part of this City Code. All such amendments or revisions by ordinance shall be immediately forwarded to the codifiers, and the said ordinance material shall be prepared for insertion in its proper place in each copy of this City Code. Each such replacement page shall be properly identified and shall be inserted in each individual copy of the City Code. (1997 Code) 1-1-4: CODE ALTERATIONS: It shall be deemed unlawful for any person to alter, change, replace or deface in any way any section or any page of this City Code in such a manner that the meaning of any phrase or order may be changed or omitted. Replacement pages may be inserted according to the official instructions when so authorized by the City Council. The City Clerk shall see that the replacement pages are properly inserted in the official copies maintained in the office of the Clerk. Any person having in his custody a copy of the City Code shall make every effort to maintain said Code current as to the most recent ordinances passed. Such person shall see to the immediate insertion of new or replacement pages when such are delivered or made available to such person through the office of the City Clerk. Said Code books, while in actual possession of officials and other interested persons, shall be and remain the property of the City and shall be returned to the • office of the City Clerk when directed so to do by order of the City Council. (1997 Code) • ME3 • CHAPTER 2 SAVING CLAUSE C~ J • This Chapter has been included by Sterling. changes deemed appropriate, and so indicate making notations in the margin, by crossing or adding exact language desired. SECTION: 1-2 (1) Review for any any such changes by out text not needed, 1-2-1: Repeal Of General Ordinances 1-2-2: Public Ways And Public Utility Ordinances 1-2-3: Court Proceedings 1-2-4: Severability Clause !2R! 1-2-1: REPEAL OF GENERAL ORDINANCES: All general ordinances of the City passed prior to the adoption of this City Code are hereby repealed, except such as are included in this City Code or are by necessary implication herein reserved from repeal (subject to the saving clauses contained in the following sections), and excluding the following ordinances which are not hereby repealed: tax levy ordinances; appropriation ordinances; ordinances relating to boundaries and annexations; franchise ordinances and other ordinances granting special rights to persons or corporations; contract ordinances and ordinances authorizing the execution of a contract or the issuance of warrants; salary ordinances; ordinances establishing, naming or vacating streets, alleys or other public places; improvement ordinances; bond ordinances; ordinances relating to elections; ordinances relating to the transfer or acceptance of real estate by or from the City; and all special ordinances. (1997 Code) 1-2-2: PUBLIC WAYS AND PUBLIC UTILITY ORDINANCES: No ordinance relating to railroad crossings with streets and other public ways, or relating to the conduct, duties, service or rates of public utilities shall be repealed by virtue of the adoption of this City Code or by virtue of the preceding Section, excepting as the City Code may contain provisions for such matters, in which case, this City Code shall be considered as amending such ordinance or ordinances in respect to such provisions only. (1997 Code) 1-2-3: COURT PROCEEDINGS: A. Prior Acts: No new ordinance shall be construed or held to repeal a former ordinance whether such former ordinance is expressly repealed or not, as to any offense committed against such former ordinance or as to any act done, any penalty, forfeiture or punishment so incurred, or any right accrued or ME3 1-2 (2) • claim arising under the former ordinance, or in any way whatever to affect any such offense or act so committed or so done, or any penalty, forfeiture or punishment so incurred or any right accrued or claim arising before the new ordinance takes effect, save only that the proceedings thereafter shall conform to the ordinance in force at the time of such proceeding, so far as practicable. If any penalty, forfeiture or punishment may be mitigated by any provision of a new ordinance, such provision may be, by consent of the party affected, applied to any judgment announced after the new ordinance takes effect. B. Extend To All Repeals: This Section shall extend to all repeals, either by express words or implication, whether the repeal is in the ordinance making any new provisions upon the same subject or in any other ordinance. C. Currently Pending Actions: Nothing contained in this Chapter shall be construed as abating any action now pending under or by virtue of any general ordinance of the City herein repealed, and the provisions of all general ordinances contained in this Code shall be deemed to be continuing provisions and not a new enactment of the same provisions; nor shall this Chapter be deemed as discontinuing, abating, modifying or altering any penalty accrued or to accrue, or as affecting the liability of any person, firm or corporation, or as waiving any right of the • City under any ordinance or provision thereof in force at the time of the adoption of this City Code. (1997 Code) 1-2-4: SEVERABILITY CLAUSE: If any section, subsection, subdivision, paragraph, sentence, clause or phrase of this City Code or any part thereof is for any reason held to be unconstitutional or invalid or ineffective by any court of competent jurisdiction, such decision shall not affect the validity or effectiveness of the remaining portions of this Code, or any part thereof. The City Council hereby declares that it would have passed each section, subsection, subdivision, paragraph, sentence, clause or phrase thereof irrespective of the fact that any one or more sections, subsections, subdivisions, paragraphs, sentences, clauses or phrases be declared unconstitutional, invalid or ineffective. (1997 Code) • ME3 • CHAPTER 3 DEFINITIONS • • 1-3 (1) This Chapter has been included by Sterliag. Review for any changes or additions deemed appropriate and so indicate such changes or additions. SECTION: 1-3-1: Construction Of Words 1-3-2: Definitions, General 1-3-3: Catchlines !2R! 1-3-1: CONSTRUCTION OF WORDS: A. Whenever any word in any section of this City Code importing the plural number is used in describing or referring to any matters, parties or persons, any single matter, party or person shall be deemed to be included, although distributive words may not have been used. When any subject matter, party or person is referred to in this City Code by words importing the singular number only, or the masculine gender, several matters, parties or persons and females as well as males and bodies corporate shall be deemed to be included; provided, that these rules of construction shall not be applied to any section of this City Code which contains any express provision excluding such construction or where the subject matter or context may be repugnant thereto. B. The word "ordinance" contained in the ordinances of the City has been changed in the content of this City Code to "Title", "Chapter" "Section" and/or "subsection" or words of like import for organizational and clarification purposes only. Such change to the City's ordinances is not meant to amend passage and effective dates of such original ordinances. (1997 Code) 1-3-2: DEFINITIONS, GENERAL: Whenever the following words or terms are used in this Code, they shall have such meanings herein ascribed to them unless the context makes such meanings repugnant thereto: !DEF! AGENT: A person acting on behalf of another with authority conferred, either expressly or by implication. CITY: The City of Meridian, County of Ada, State of Idaho. CODE: The City Code of the City of Meridian. COUNCIL: Unless otherwise indicated, the City Council of the City of Meridian. ME3 1-3 (2) • COUNTY: The County of Ada, State of Idaho. EMPLOYEES: Whenever reference is made in this Code to a City employee by title only, this shall be construed as though followed by the words "of the City of Meridian". FISCAL YEAR: The fiscal year of the City shall commence on October 1 of each years GENDER: A word importing either the masculine or feminine gender only shall extend and be applied to the other gender and to persons. INFRACTION: A civil public offense, not constituting a crime, punishable by a penalty not exceeding one hundred dollars ($100.00) and for which no incarceration may be imposedZ. LICENSE: The permission granted for the carrying on of a business, profession or occupation. MISDEMEANOR: Any offense not defined as a felony or infraction under State law3. NUISANCE: Anything offensive to the sensibilities of reasonable persons, or any act or activity creating a hazard which threatens • the health and welfare of inhabitants of the City, or any activity which, by its perpetuation, can reasonably be said to have a detrimental effect on the property of a person or persons within the community. • OCCUPANT: As applied to a building or land, shall include any person who occupies the whole or any part of such building or land whether alone or with others. OFFENSE: Any act forbidden by any provision of this Code or the omission of any act required by the provisions of this Code. OFFICERS: Whenever reference is made in this Code to a City officer by title only, this shall be construed as though followed by the words "of the City of Meridian". OPERATOR: The person who is in charge of any operation, business or profession. OWNER: As applied to a building or land, shall include any part owner, joint owner, tenant in common, joint tenant or lessee of the whole or of a part of such building or land. PERSON: Any public or private corporation, firm, partnership, association, organization, government or any other group acting 1. I.C. § 50-1001. 2. I.C. §§ 18-111 and 18-113A. 3. I.C. §§ 18-111 and 18-113. ME3 1-3 (3) • as a unit, as well as a natural person. PERSONAL PROPERTY: Shall include every description of money, goods, chattels, effects, evidence of rights in action and all written instruments by which any pecuniary obligation, right or title to property is created, acknowledged, transferred, increased, defeated, discharged or diminished and every right or interest therein. RETAILER: Unless otherwise specifically defined, shall be understood to relate to the sale of goods, merchandise, articles or things direct to the consumer. RIGHT OF WAY: The privilege of the immediate use of the roadway or other property. STREET: Shall include alleys, lanes, courts, boulevards, public ways, public squares, public places and sidewalks. TENANT: As applied to a building or land, shall include any person who occupies the whole or any part of such building or land, whether alone or with others. WHOLESALER: The term "wholesaler" and "wholesale dealer" as used in this Code, unless otherwise specifically defined, shall be • understood to relate to the sale of goods, merchandise, articles or things to persons who purchase for the purpose of resale. WRITTEN, IN WRITING: May include printing and any other mode of representing words and letters, but when the written signature of any person is required by law to any official or public writing or bond, it shall be in the proper handwriting of such person, or in case he is unable to write, by his proper mark. (1997 Code) !DEFEND! 1-3-3: CATCHLINES: The catchlines of the several sections of the City Code are intended as mere catchwords to indicate the content of the section and shall not be deemed or taken to be titles of such sections, nor be deemed to govern, limit, modify or in any manner affect the scope, meaning or intent of the provisions of any section hereof, nor unless expressly so provided, shall they be so deemed when any of such sections, including the catchlines, are amended or reenacted. (1997 Code) C~ ME3 • CHAPTER 4 GENERAL PENALTY 1-4 (1) This Chapter has been included by Sterling, and replaces and updates provisions of Chapter 2, Title 1, "Penalty" of the 1955 City Code. Please review and indicate any changes or additions deemed appropriate. SECTION: 1-4-1: General Penalty 1-4-2: Application Of Provisions 1-4-3: Liability Of Officers !2R! 1-4-1: GENERAL PENALTY': A. Misdemeanor: Unless specifically provided elsewhere, any person convicted of a violation of any section or provision of this City Code deemed a misdemeanor may be fined in a sum not to exceed three hundred dollars ($300.00) for any offense and may be confined in the County jail for a period of not more than six (6) months. Either or both such fine and imprisonment may be imposed; • and in addition thereto, any person so convicted shall pay such costs as the court may assess. B. Infraction: When the offense is designated as an infraction by any section or provision of this City Code or by State law, it is punishable only by a penalty not exceeding one hundred dollars ($100.00) and no incarceration may be imposed. C. Federally Mandated Programs: Any city which is participating in a federally mandated program, wherein penalties or enforcement remedies are required by the terms of participation in the program, may enforce such requirements by ordinance, to include a criminal or civil monetary penalty not to exceed one thousand dollars ($1,000.00), or imprisonment for criminal offenses not to exceed six (6) months or to include both a fine and imprisonment for criminal offenses. (1997 Code) For consistency throughout the new Code, the above penalty section could be referenced in place of specific penalty provisions. Comments will be inserted throughout this new Code is each instance where this Section 1-4-1 could be referenced. This would not only allow for consistency throughout the Code, but also, when State statute is changed, then only one section of the City Code would need to be amended. Does the City agree with this suggestion? • Response: Agree, omit most penalties and refer to Section 1-4-1 Disagree, retain penalties ; Comment: 1. I.C. § 50-302. ME3 • 1-4-2: APPLICATION OF PROVISIONS: A. Application Of Penalty Provisions: 1-4 (2) 1. The penalty provided in this Chapter shall be applicable to every section of this City Code the same as though it were a part of each and every separate section. Any person convicted of a violation of any section of this City Code where any duty is prescribed or obligation imposed or where any action which is of a continuing nature is forbidden or is declared to be unlawful shall be deemed guilty of a misdemeanor unless otherwise provided. A separate offense shall be deemed committed upon each day such duty or obligation remains unperformed or such act continues unless otherwise specifically provided in this City Code. 2. Whenever the doing of any act or the omission to do any act constitutes a breach of any section or provision of this City Code, and there shall be no fine or penalty specifically declared for such breach, the provisions of this Chapter shall apply. • B. One Recovery For Same Offense: In all cases where the same offense is made punishable or is created by different clauses or sections of this City Code, the prosecuting officer may elect under which to proceed, but not more than one recovery shall be had against the same person for the same offense; provided, that the revocation of a license or permit shall not be considered a recovery or penalty so as to bar any other penalty being enforced. (1997 Code) 1-4-3: LIABILITY OF OFFICERS: No provision of this City Code designating the duties of any officer or employee shall be so construed as to make such officer or employee liable for any fine or penalty provided for a failure to perform such duty unless the intention of the City Council to impose such fine or penalty on such officer or employee is specifically and clearly expressed in the section creating the duty. (1997 Code) • ME3 1-5 (1) • CHAPTER 5 OFFICIAL AND CORPORATE PROVISIONS SECTION: 1-5-1: Corporate Seal 1-5-2: Official Newspaper 1-5-3: Official Map !2R! 1-5-1: CORPORATE SEAL: Statute authority, I.C. 4 50-301. A. Design: The Corporate Seal of the City shall be circular in form with inner and outer circles of a rope design. The outer circle shall be one and three-fourths inches (1'/q") in diameter and the inner circle one and one-fourth inches (11/q") in diameter. It shall bear upon the upper portion of the space between the two (2) circles the words "City of Meridian" in Roman style type, and upon the lower portion of the space between the two (2) circles the words "Ada County, Idaho" in Gothic style type. Upon the space within the inner circle and on the upper portion thereof shall be the word "Incorporated" • in Gothic style type, and upon the lower portion of the space within the inner circle the words and numerals "August 1st, 1903" in Gothic style type. Upon and across the center of the space within the inner circle shall be the word "Seal" in Text style type. (1955 Code § 1-401) B. Adoption Of Seal: The Seal described in subsection A of this Section is hereby adopted as the Corporate Seal of the City. (1955 Code § 1-402) C. City Clerk Custodian Of Seal: The City Clerk shall be the custodian of the Corporate Seal of the City and shall affix said Seal's imprint upon all official documents, records, licenses, warrants and/or checks. (1955 Code § 1-403) 1-5-2: OFFICIAL NEWSPAPER: Statute authority, I.C. § 50-213. The Valley News-Times printed and published in the City is hereby designated the official newspaper of the City, and such ordinances, notices and publications as are required by law to be given publication in a newspaper shall be published in said Valley News-Times. (Ord. 175, 10-7-1968) • Is above Section current? If not, please provide proper text. Response: Yes No Change as follows: 1-5 (2) u • ME3 1-5-3: OFFICIAL MAP: the officeaofMtheoCityeClerk.Sh1997bCoded remain on file in Note that Sterling omitted the actual Map shown in Chapter 3, Title 1, "Official Map", in the 1955 City Code, replacing same with above language. Considering the tremendous growth of Meridian, said Map is surely outdated and inaccurate. Since such maps are often guise difficult to reproduce for readability, they are usually not included in city codes. 1s it acceptable that such Map be omitted from the new Code? Omit above Response: Omit Map and use above text ; Section and Map ; Omit above Section and use new Map enclosed • 1-6 (1) ME3 • CHAPTER 6 MAYOR SECTION: 1-6-1: Qualifications; Term Of Office 1-6-2: Vacancy In Office 1-6-3: Powers And Duties !2R! 1-6-1: QUALIFICATIONS; TERM OF OFFICE: Statute Authority, I.C. 3 50-601. A. Qualifications: Any person shall be eligible to°hoId_the office of Mayor who is a qualified elector of'the City at kse time of his election and remains a qualified elector during his term of office. (1997 Code} The above subsection was included by 3terlinq. Doea the City wish to retain? Response: Retain , Omit • B. Term Of Office: The term of office of the Mayor shall be for a period of four (4) years, except as otherwise specifically provided. The Mayor shall take office at the time and in the manner provided for installation of Councilmembers. (Ord. 140, 8-30-1965; 1997 Code) 1-6-2: VACANCY IN OFFICE: Statute authority, I.C. S 50-608. In case of a temporary vacancy in the off ice 'of Mayor due to absence or disability, the president of the Council-shall exercise the office of Mayor during such dsability`or temporary absence, and until the Mayor shall return.. When a vacancy occurs in the office of Mayor by reason of death; resignation or permanent disability, the City Counci-l shall fill the vacancy from within or without the Councl'as:may be deemed in the best interests of the City, which appointee shall serve until the next general City election, a :which election a Mayor shall be elected for .the full four (4) year term. (1997 Code} This is another Section added by 3terlinq. Does the City wish • to retain? Response: Retain , Omit ME3 1-6 (2) • 1-6-3: POWERS AND DUTIES: A. Generally: 1. The Mayor shall devote so much of his time to the duties of his office as an efficient and faithful discharge thereof may require. 2. He shall from time to time give the Council such information, and recommend such measures as he may deem beneficial to the City. 3. He shall examine the grounds of all complaints against any of the officers of the City to determine existence of a violation or neglect of duty, and report the evidence thereof, if deemed sufficient for the removal of said officer, to the Council. 4. He shall require that every officer, on the expiration of his term of office or resignation or removal from the same, deliver to his successor all moneys, books, paper, maps, plats, furniture, fixtures, apparatus, machinery, tools and instruments and appurtenances belonging to such office. • 5. He shall perform all other duties imposed by the laws of the State. B. Sign Contracts: The Mayor is authorized and empowered to sign his name officially for and in behalf of the City on all contracts, including deeds, bonds, bills, notes, obligations, and other agreements, documents and papers to which the City is a party, and to require that the conditions in the said instruments are faithfully performed, and to borrow money on the credit of the City when authorized by the Council. C. Offer Rewards: The Mayor, whenever he deems it expedient, is hereby empowered to offer a reward not exceeding one hundred dollars ($100.00) for the arrest and conviction of any person charged with violating the ordinances of the City. Is the above provision currently practiced in the City3 Response: Yes No Change as follows: Is the $100.00 amount correct? Response: Yes No Change as follows: • D. Grant Pardons: The Mayor is empowered to grant a pardon to ME3 1-6 (3) • any person imprisoned for a violation of the ordinances of the City, and to remit so much of any fine or forfeiture as in his judgment may seem just and reasonable, and shall report such remittance or pardon with the cause thereof, to the Council at its next meeting. Does the Mayor grant pardons, as provided above? Response: Yes No , Change as follows: E. Veto Power: The Mayor shall have power to veto or sign any ordinance passed by the City Council; provided, that any ordinance vetoed by the Mayor may be passed over his veto by a vote of two-thirds (Z/,) (one-half 1/Z plus one) of the members of the Council elected notwithstanding the veto, and should the Mayor neglect or refuse to sign any ordinances and return the same with his objection, in writing, at the next regular meeting of the Council, the same shall become a law without his signature. Pursuant to I.C. § 50-611, the shaded wording in pareatheses • above differs from the bolded text. Should bolded text be changed to comply with statute? Response: Yes No Change as follows: F. Accounts And Reports Of Officers: The Mayor shall have the power, when he deems it necessary, to require any officer of the City to exhibit his accounts or other papers, and to make reports to the Council in writing, touching any subject or matter he may require pertaining to his office. G. Police Powers: The Mayor shall have jurisdiction {as may be vested in him by ordinance) over all places within five (5) miles of the corporate limits of the City, for the enforcement of any health or quarantine ordinance and regulation thereof, and shall have jurisdiction in all matters (vested in him by ordinance), excepting taxation, within oae-half ('/2) mile (one mile) of the corporate limits of the City, (and-.over.-such properties as may be owned by the City without: the corporate limits). • The shaded text is pareatheses above appears in I.C. § 50-606; the bolded text from the City ordinance. Should language be added and changed in subsection G to comply with statute? Response: Yes No Change as follows: ME3 u 1-6 (4) H. May Require Aid In Enforcing Law: The Mayor is hereby authorized to call on every male inhabitant in the City over eighteen (18) years of age and under the age of fifty (50) years, (over twenty one (21) years of age) to aid in enforcing the laws. (Ord. 140, 8-30-1965) Pursuant to I.C. ~ 50-609, the bolded laaguage above (as derived from City Ordinance 140) differs from the shaded text (as derived from statute) in parentheses. Should subsection H be changed to comply with statute? Response: Yes No Change as follows: I. Special Meetings Of Council: The Mayor shall have the power to call special meetings of the City Council, the object of which shall be submitted to the Council in writing; the call and object, as well as the disposition thereof, shall be entered upon the journal by the City Clerk. (1997 Code) • Subsection I (I.C. 5 50-604) was added by Sterling. Does the City wish to retain said subsection3 Response: Retain , Omit J. Other Powers: The Mayor shall have all other powers granted by the laws of the State of Idahol. (Ord. 140, 8-30-1965) C~ J 1. I.C. § 50-602 et seq. ME3 • CHAPTER 7 CITY COUNCIL SECTION: 1-7-1: Election; Terms Of Office 1-7-2: Qualifications 1-7-3: Duties 1-7-4: Vacancies 1-7-5: Council Meetings 1-7-6: Assignment Of Department Commissioners; 1-7-7: Rules Of Procedure For Public Hearings 1-7-1: ELECTION; TERMS OF OFFICE: 1-7 (1) Duties And Term !2R! A. Two Councilmen Elected At Each Election: At each election hereafter, there shall be elected two (2) Councilmen for a term of four (4) years, or until his successor is elected and qualified from the electorate at large. (Ord. 350, 9-4-1979) B. Council Seats: 1. Pursuant to subsection A, as stated above, two (2) • Councilmen are elected at each election for a term of four (4) years and thus there are four (4) Council seats on the City Council; from and hereafter, each Council seat shall be numbered, as allowed by Idaho Code section 50-707, and the City Clerk shall assign the following numbers to each seat: seat 1, seat 2, seat 3, and seat 4. 2. Any candidate seeking election to the City Council shall file his candidacy for one, and only one, Council seat. The candidate shall meet all other qualifications for the office of City Councilman, as required by law. 3. For purposes of the next general City election and so the public will be informed as to which Council seat will be elected at the next general City election, Councilman Bill Brewer is hereby deemed to now be holding seat 1, Councilman Ron Tolsma seat 2, Councilman J.E. (Bert) Myers, Jr. seat 3 and Councilman Bob Giesler seat 4. Due to the fact that Councilman Brewer and Myers' terms expire at the end of the year and they are now deemed to hold seats 1 and 3, respectively, at the next general City election, to be held on the first Tuesday following the first Monday in November 1987, seats 1 and 3 shall be the Council seats for which City Council candidates shall file. in the general City election held in 1989 seats 2 and 4 shall be elected. Henceforth, the • odd numbered Council seats and the even numbered Council seats shall be elected in alternate general City election. (Ord. 480, 5-5-1987) In above subsection 83, are the references to specific Couacilmembers still necessary? If not, please show is exactly ME3 • what manner the above text should be changed. Response: 1-7-2: QUALIFICATIONS: 1-7 (2) Any person shall be eligible to hold the office of-Councilman who is at the time of election,'and remains, a qualified elector under the Constitution and. laws of the State of Idaho. (1997 Code) The above Section was included by Sterling. Does the City wish to retain such Section? Response: Retain Omit 1-7-3: DUTIES: • The members of the City Council, the legislative and policy making branch of the government of the City, shall devote so much of their time to the duties of their office as an efficient and faithful discharge thereof may require. They shall attend all meetings of the Council unless lawfully excused therefrom, and perform all duties by the nature of their office they should reasonably perform, such as the passing of ordinances, resolutions, and the overseeing of improvements and work done for the City according to the character of committees upon which they may severally be appointed. (1955 Code § 1-701) 1-7-4: VACANCIES: Statute authority, I.C. § 50-704. In the event an office of the Councilman becomes vacant, through death, moves out of the ward or for any other cause, the Mayor shall appoint, with the approval of the Council, a resident of the ward to fill the unexpired portion of the term, until the next general election, when the unexpired term shall be filled by regular election. (1955 Code) The bolded text does not appear in I.C. § 50-704. Is the Mayor • currently required to appoint a person from the same ward as that of the absent Councilman? Response: Yes No , Change as follows: 1-7 (3) ME3 • 1-7-5: COUNCIL MEETINGS: A. Time And Place Of Regular Meetings: The regular meetings of the City Council shall be held at the Meridian City Hall at 33 East Idaho Street, by the Mayor and City Council on the first and third Tuesdays of each month at seven thirty o'clock (7:30) P.M. of said days. If the said first or third Tuesday of any month is a holiday, the meeting shall be held the evening following at the same hour and place and in the event the said first Tuesday of November is an election day, Meridian City or general election, the meeting shall be held the following Wednesday at the same hour and place. (Ord. 588, 10-6-1992) Are the days and hours for conducting meetings correctly stated? Response: Yes No Change as follows: • B. Manner Of Conducting Meetings: There is hereby adopted by the City for the purpose of establishing rules and regulations for the conduct of meetings, the Clerk's duties and the Mayor's duties in relation to Council meetings, that certain booklet entitled, "How to Conduct Municipal Council Meetings", published by the Idaho Municipal League, being the 1953 Edition thereof, of which not less than three (3) copies are now on file in the office of the City Clerk and the same are hereby adopted and incorporated as fully as if set forth at length herein. (1955 Code § 1-705) C. Special Meetings: One-half (1/2) plus one of -the 'members of the full Council shall have the power to call special meetings of the City Council, the object of which shall: be submitted to the Council in writing; the call and object;_as well as'the disposition thereof, shall be entered uponthejourna3 of the City Clerk. Subsection C above has been included by Sterling, pursuant to I.C. § 50-706. Does the City wish to retain said subsection? Response: Retain , Omit • D. Open Meetings: Meetings of the City Council shall be open to the public pursuant to Idaho Code section-67-234.3 et seq_ (1997 Code) Subsection D above has been included by Sterling. Does the ME3 • City wish to retain said subsection? Response: Retain , Omit 1-7 (4) 1-7-6: ASSIGNMENT OF DEPARTMENT COMMISSIONERS; DUTIES AND TERM: Statute authority regarding examination of accouats of fiscal officers, I.C. 50-708. A. Assignment: The president of the City Council shall nominate and the City Council shall confirm, by majority vote with the president of the City Council abstaining from voting, a City Councilman to be assigned as the commissioner of each of the following City departments: Police, Fire, Parks and Recreation, Public Works, and such other City departments created by the City Council in the future. The City Councilman nominated to be assigned the commissioner of a City department shall have the right to vote to approve or reject his nomination, unless the president of the City Council nominates himself to be the commissioner of the department, in which case the Council president shall still have no vote, as above stated. If the Councilman nominated to be assigned as commissioner of a department is rejected by the vote, the Council president shall assign another Councilman to be that department's commissioner. If the City Council, other than the President of the City Council, approves and confirms the nominated City Councilman be that department's commissioner, he shall serve and perform as that department's commissioner for the term set forth below. B. Duties: 1. Generally: It shall be the duty of each department's commissioner to act as a liaison officer between the City Council and that department, to communicate the desires and interests of the City Council to that department, and vice versa, from the department to the Council, all as they shall deem to be in the best interests of the department and the City. It shall also be the duty of each commissioner: a. To sign purchase orders. b. To assist his department to process and develop a budget for the ensuing fiscal year. c. To audit on a monthly basis, as best he can, the status of • the current budget of his department. d. To approve budgetary transfers within his department's budget which are not in excess of five hundred dollars ($500.00). ME3 1-7 (5) • e. To bring to the Council for approval by majority vote all budgetary transfers within his department's budget in excess of five hundred dollars ($500.00) and all budgetary transfers which are proposed to be made to another department. f. Direct his department's short and long term budget planning activities. g. To be able to assist in answering the inquiries of the Mayor and other Councilmen and the general public regarding that department. h. To perform such other duties for, and on behalf of, the department as the department head and the commissioner shall deem to be authorized, appropriate, and within the power and authority of the City Council. 2. Evaluate Performance: The department commissioner shall evaluate the department head's performance on an annual basis for the purpose of determining the department head's salary level for the next year's budget. C. Term: Each City Councilman assigned and confirmed to act, and be, the commissioner for each department shall act as such for a term lasting until the commencement of the fiscal year • following his initial selection and election. The existing commissioner shall serve as commissioner until a new commissioner is selected and elected or the existing commissioner is selected and elected again. The City Council president shall, on or before the second City Council meeting after the commencement of the fiscal year, assign a new Councilman to act as the commissioner for each department or renew the term of the existing commissioner for the department for which he was serving during the prior fiscal year. The procedure for selection and election of a commissioner for each department shall be as set forth in subsection A above, whether or not a new commissioner is nominated to serve or the prior commissioner is nominated to serve again. (Ord. 735, 7-10-1996) 1-7-7: RULES OF PROCEDURE FOR PUBLIC HEARINGS: The following rules are hereby established, shall be observed in the conduct of any public hearing before the City Council, and shall be known as the "Meridian Rules of Procedure for Public Hearings": A. Sign Up To Testify: No person shall be permitted to testify or speak before the City Council at a public hearing unless • such person has printed his name, signed his name and written his residential address thereafter on sign-up sheets to be provided by the City. This rule shall not apply to staff or technical witnesses directed by the Mayor to give evidence or information to the City Council. ME3 1-7 (6) • B. Recognition By Mayor: No person shall be permitted to speak before the City Council at a public hearing until such person has been recognized by the Mayor. C. Record Of Proceedings: All public hearing proceedings shall be recorded electronically or stenographically such that said proceedings are capable of being transcribed, and all persons speaking at such public hearings shall speak before a microphone in such a manner as will assure that the recorded testimony or remarks will be accurate and trustworthy. The Mayor may order at any time that the record be transcribed. If a party other than an official of the City requests that the record be transcribed, he shall so request the Mayor to effect such, and all costs of preparing the transcript shall be paid in advance by the party so requesting. D. Time Limit For Speakers: In the notice of the public hearing or at the commencement of the public hearing, the Mayor may establish a time limit to be observed by all speakers. The time limit shall be established depending on the number of speakers who sign up for each public hearing and shall apply only to the speaker's comments. The Mayor may also, either in the notice of the public hearing or at the close of the hearing, indicate that written testimony shall be received and set a date and time when such written testimony • must be submitted in order to be included in the written report. E. Interruption Of Speaker Prohibited: The speaker shall not be interrupted by members of the City Council until his time limit has been expended or until he has finished his statement. F. Questioning Speaker: At the conclusion of a speaker's comments, each City Councilman, when recognized by the Mayor, shall be allowed to question the speaker and the speaker shall be limited to answers to the questions asked. The question and answer period shall not be included in the speaker's time limit as established. G. Swearing That Testimony Is True: When the public hearing is quasi-judicial in nature or one after which the City Council is required by law to make findings of fact, each speaker must swear or affirm that his testimony will be true and correct. H. Compliance With Rules: Any person not conforming to any of the above rules may be prohibited from speaking during the public hearing. Should any person refuse to comply with such prohibition, he may be removed from the room by order of the Mayor. • I. Suspend Or Amend Rules: The City Council may suspend or amend any one or more of these rules by vote of one-half (1/z) plus one of the full City Council. J. Interpretation Of Rules By Mayor: The Mayor shall have the ME3 1-7 (7) • authority to interpret and apply the foregoing rules, subject to an appeal to the City Council, whose decision shall be determined by a majority vote of the Council members present. K. Absence Of Mayor: In cases where the Mayor is absent from the public hearing or where the public hearing is before a duly appointed hearing officer, the president of the Council or presiding Councilman or the hearing officer shall fulfill the duties of the Mayor described hereinabove. (Ord. 446, 2-19-1985) • C~ ME3 1-8 (1) • CHAPTER 8 CITY OFFICERS AND EMPLOYEES SECTION: 1-8-1: Appointments By Mayor 1-8-2: Term Of Office And Removal 1-8-3: Bonds Of Officers 1-8-4: Salaries 1-8-5: Signature Authorization; Community Development Funds !2R! 1-8-1: APPOINTMENTS BY MAYOR: A. Specific Appointments: The Mayor, with the consent of the City Council, shall appoint a City Clerk, City Attoraey, City works Superintendent, Chief of Police, Chief of Fire Department and assistants aad City Treasurer. (1955 Code § 1-801) Is the above listing of officials a complete and accurate list of City officials appointed by the Mayor? • Respoase: Yes No Change as follows: B. Offices Hereafter Created: The Mayor, by and with the consent of the City Council, shall make appointments to all City offices now existing in the City which have not been in this Chapter specifically named and which may be hereafter created from time to time by the City Council. (1955 Code § 1-803) 1-8-2: TERM OF OFFICE AND REMOVAL: All appointive officers shall hold office for the term for which they were appointed and qualified; provided, that any appointive officer may at any time be removed by the action of the Mayor with the concurrence of a majority of the City Council; provided further, that all employees holding positions by virtue of appointment only, without the approval of the City Council, may be removed or discharged at the pleasure of the appointing power. (1955 Code § 1-802) Considering that "due process" is an area of major concern in the discharge of officials or employees, does the city have in place a grievance procedure for notification of such official or employee and allowing for an opportunity for such official or employee to be heard? If so, should such provisions be either referred to or set out in this Chapter? ME3 • 1-8 (2) Response: Such provisions not needed in the sew Code City has a Personnel Policy separate from the City Code which provides for such issues; refer to Enclosed is text covering "due process^; add to Chapter 1-8-3: BONDS OF OFFICERS: The several officers herein named shall give bonds to the City with two (2) or more sufficient sureties in the penal sums as follows; provided, surety bonds may be furnished at the expense of the City in lieu of personal bonds: City Clerk $3,000.00 City Treasurer 3,000.00 (1955 Code § 1-810) Are the bond amounts current? Response: Yes No Change as follows: n U Are the Clerk and Treasurer the only two officials for which a bond is reguired3 Response: Yes No , Change as follows: 1-8-4: SALARIES: A. Elective Officers: 1. Mayor: The salary of the Mayor shall be one thousand two hundred dollars ($1,200.00) per month, payable monthly. 2. Council: The salary of each member of the Council shall be five hundred dollars ($500.00) per month, payable monthly. 3. Council President: The salary of the president of the • Council, when acting in the capacity of Mayor, shall be the same as the Mayor, payable monthly prorated for the period of time he shall perform the duties of Mayor. (Ord. 613, 8-17-1993, eff. 1-1-1994) B. Appointive Officers: The salaries of appointive officers ME3 1-8 (3) • shall be set and fixed by the Mayor and Council and shall be paid monthly. (Ord. 479, 5-5-1987, eff. 1-1-1988) Subsection C added by Sterling. Does the City wish to retain said subsection? Response: Retain Omit 1-8-5: SIGNATURE AUTHORIZATION; COMMUNITY DEVELOPMENT FUNDS: In conjunction with application for Community Development Funds, the Department of Housing and Urban Development requires formal certification of signatures of individuals authorized to draw on the cited letter of credit by payment voucher. The following are hereby authorized to sign, on behalf of the City, payment vouchers, when drawn down against its letter of • credit, such requests to be signed by any two (2) of the following officials: Joseph L. Glaisyer, Mayor A.M. Kiebert, City Treasurer LaWana L. Niemann, City Clerk Grant P. Kingsford, !SETLRM!!SETFNT!!SETTAB! Bill G. Brewer, Councilman of the City is certify the authenticity of the signature authorized to execute Treasury Form TFS-7 Payment on Letter of Credit and Status of 76, 6-1-1981) Councilman hereby designated to of individuals 578, Request for Funds Report. (Res. Is above Section 1-8-5 necessary is the new Code? If so, suggest omitting specific individuals' names. Response: Omit Retain as is , Retain and change as marked above or set out below C~ ME3 • CHAPTER 8 CITY OFFICERS AND EMPLOYEES ARTICLE A. CITY CLERK SECTION: 1-8A-1: Appointment; Term Of Office 1-8A-2: Duties !2R! 1-8A 1:;APP0INT`MENT; TERM flF OFFICE:.: Response: Retain Omit • 1-8A (1) 1-8A-2: DUTIES: Please review the following list of duties for accuracy and completeness, and so indicate any changes or additions deemed appropriate. A. Keep Seal, Ordinances And City Records: 1. The City Clerk shall be custodian of the City Seal and affix same to documents as provided in subsection 1-5-1C of this Title. 2. The City Clerk shall also be the custodian of all public records, ordinances, resolutions and orders of the City Council, and such other papers and documents as may be delivered into his custody. B. Attend Meetings Of Council; Keep Minutes And Records: The City Clerk shall attend all sessions of the City Council, keep a correct journal and shall keep in a separate book a record of ordinances passed by the City Council and of the titles of such ordinances; and all ordinances not published in a book form shall be carefully indexed alphabetically. The City Clerk • shall see that each ordinance is published as required by law, and shall keep on file the proof of such publication. C. Report To City Council: The City Clerk shall prepare and present to the City Council at its regular meeting each month a full and complete statement of the financial transactions of Sterling added the above Section. Does the City wish to retain this Section? ME3 1-8A (2) • his office during the month preceding, which said statement shall set forth all receipts for licenses issued; money received with applications for licenses which are to come before the City Council. All other funds received by him as City Clerk and said report shall give a detailed explanation of disbursements, including a statement of the aggregate of warrants of each fund issued, of warrants redeemed during the month and warrants outstanding against each fund at the close of such month. He shall also at the close of each fiscal year present to the City Council an annual report covering the operations for the entire year, which said report shall also contain a description of the bonds issued and sold during the year, and the terms of sale; and shall itemize each and every expense thereof. The City Clerk shall also make such additional reports and furnish such other data from the records and files of his office as may be requested by the Mayor or City Council. D. Furnish Copies Of City Records: It shall be the duty of the City Clerk to furnish any City officer with a certified copy of any record, paper or public document on file in his office, or in his custody, for the use of such officer in the discharge of his official duties, and he shall also furnish a certified copy of any such record, paper or document to any person not an officer of the City upon the payment in advance • of fifteen cents ($0.15) per folio of one hundred (100) words for such copy. Is the fee current? Response: Yes No Change as follows: E. Keep Books And Records: The City Clerk shall keep such books and permanent records of the transactions and business of his office as may be necessary to accurately disclose all transactions and business in his office. He shall also countersign all warrants, and keep a "Warrant Register and Abstract of Expenditures", showing the numbers and amounts of warrants issued and the person to whom issued, the date redeemed, the interest paid, and the several funds against which each said warrant is drawn. F. File And Audit Claims Against City: The City Clerk shall file and audit all claims against the City and shall submit the same to the Council at the next regular meeting or when ordered by the Council to do so. • G. Issue Licenses: The City Clerk shall issue all licenses, a duplicate of which shall be kept on file, but no license shall be issued to any person unless fees and charges fixed by ordinance shall have first been paid, for which payment the City Clerk shall issue a receipt in duplicate. The City Clerk ME3 1-8A (3) • shall endorse upon the receipt and duplicate receipt the number of the license issued, the number of the application for license, and the duplicate of such receipt so issued shall be kept on file with the duplicate license. H. Keep Record Of Municipal Bonds: The City Clerk shall keep a record of outstanding bonds of the City, showing the number and amount of each, and for what and to whom said bonds were issued, and when any of said bonds are purchased or paid or cancelled, said record shall show the fact, and in his report at the close of each fiscal year he shall describe particularly the bonds issued and sold during the year, the terms of sale, itemize each and every expense thereof. I. Turn Money Over To City Treasurer: Within ten (10) days after the filing of his monthly report as provided in subsection C of this Section, the City Clerk shall deposit with the City Treasurer all funds collected by him during the preceding month, less refunds of money paid on application for licenses which are disallowed by the City Council. (1955 Code § 1-804) r~ L • ME3 • • CHAPTER 8 CITY OFFICERS AND EMPLOYEES ARTICLE B. CITY TREASURER SECTION: 1-8B-1: Appointment; Term Of Office 1-8B-2: Duties 1-8B-3: City Warrants !2R! 1-8B-1: APPOINTMENT; TERM OF OFFICE: 1-8B (1) The City Treasurer shall be appointed by the Mayor, with Che consent of the City Council, and shall hold office for the duration of his appointment unless sooner removed. 11997 Code) Sterling added the above Section. Does the City wish to retain such Section? Response: Retain Omit 1-8B-2: DUTIES: Please review the following list of duties for accuracy and completeness, and indicate any changes or additions deemed appropriate. A. Receive And Safely Keep Funds: It shall be the duty of the City Treasurer to receive and safely keep in designated depositories, as required by law, all monies or funds belonging to the City which may come into his hands; to disburse the same upon an appropriation by ordinance or resolution of the City Council, after audit and allowance by the Council of claims therefor, and upon warrant of the Mayor, countersigned by the City Clerk, and not otherwise. Securities belonging to the City, incapable of deposit in a checking account, shall be kept by the City Treasurer in a safety deposit box in some banking institution designated by the City Council. All bonds or securities delivered to the City Treasurer by any designated depository of City Funds as security for such funds shall be deposited with the County Auditor or other public official as may be provided by law. • B. Keep Proper Records And Books: The City Treasurer shall keep in suitable book or books, a full and accurate account of the City monies and funds received by him, showing the date of the receipt thereof, the person from whom received and on what account and to what fund the same is credited with the date of disbursement, the person to whom disbursed, on what account ME3 • and against what fund. 1-8B (2) C. Deliver All Paid Vouchers And Warrants To Clerk: All warrants or orders paid and redeemed and all vouchers shall be delivered to the City Clerk immediately upon payment or redemption and such redeemed warrants shall have written or stamped on the face thereof the word "Paid". D. Issue Duplicate Receipts For Money Received: The City Treasurer shall execute and deliver to every City officer or other person paying money or funds other than water rentals into the treasury a receipt therefor, specifying the date of payment, the amount thereof and upon what fund or account the same is received. The City Treasurer shall issue such receipt from blank books, which books shall contain a duplicate of the receipt delivered to the person making payment, and such duplicate shall be delivered to the City Clerk. E. Deliver Books And Papers To Successor: The City Treasurer shall deliver to his successor in office all books, monies, papers and other property pertaining to his office. F. Publish Quarterly Reports Of Receipts And Expenditures: It shall be the duty of the City Treasurer to cause to be published for at least one insertion in soma newspaper in the • City between the first and third Mondays of Nay, AuQUSt, November and February of each and every year a full statement of the receipts and expenditures of the City, giving the source from whence received, to what purpose applied and to whom paid. Should bolded wording, "some newspaper in the City" be changed to "the official City newspaper" (refer to Section 1-5-2 of this Title)? Response: Yes No Change as follows: Are the dates for publication, as bolded and underlined, correctly stated? JC CHBCR 50-1011 Response: Yes No ChaaQe as follows: G. Collect All Monies: The City Treasurer shall receive and • all officers or other persons shall forthwith pay to the City Treasurer, except as otherwise provided by ordinance, all monies due the City on any account whatsoever. H. Make Monthly Report To City Council: The City Treasurer shall at the end of each and every month, and at other times ME3 1-8B (3) • when required by the Mayor and City Council, render an account, under oath, showing the condition of the Treasury at the date of such account, including in said statement the balance of money in the Treasury with a detailed statement of the specified amount in each designated depository and of the amount and class of security held to guarantee each deposit. Such account shall also contain a statement of receipts and disbursements, and of all warrants redeemed and paid by him, which said warrants, with all vouchers held by him, shall be filed with his said accounts in the Clerk's office. The Mayor or any member of the City Council shall have free access to any and all books or papers in the office of the City Treasurer for the purpose of inspection or examination. (1955 Code ~ 1-809) 1-8B-3: CITY WARRANTS: Statute authority, I.C. §3 31-2124, 31-2125, 50-1017 and 50-1018. - JC CHSCK STATUTES A. Show Fund Drawn Upon And Amounts Appropriated To Such Fund: Each City warrant shall show the fund upon which the same is drawn and if against any fund based upon an appropriation shall show the amount appropriated to such fund and the amount • expended therefrom after deducting the amount of such warrant. B. When Called: Outstanding warrants shall be called for payment in their order whenever the City Treasurer shall have on hand in the fund upon which such warrants are drawn, oae thousand dollars ($1,000.00) or more. Provided that if the aggregate of such warrants is less than one thousand dollars ($1,000.00), they may be called at any time that money is available to pay the same. Is the $1,000.00 amount correct? JC CHECK Respoase: Yes , No , Change as follows: C. Order Of Payment; Registration: Every fund in the hands of the City Treasurer shall be paid out in the order in which the warrants are presented for payment; provided, that in case that there are no funds in the hands of said Treasurer applicable to the payment of any warrant when presented, the City Treasurer shall endorse on the same "Not Paid for Want of Funds," and enter same in a book to be kept for such purpose • known as the "warrant register," and thereafter said warrants shall bear interest at the rate of seven percent (7~) per annum until there are funds in the hands of the City Treasurer with which to pay the same. (1955 Code § 1-809) Is 7% the correct interest rate? JC CHECK ME3 • Response: Yes No Chaage as follows: • 1-8B (4) C J ME3 • CHAPTER 8 CITY OFFICERS AND EMPLOYEES ARTICLE C. CITY ATTORNEY For statute authority, see I.C. §§ 50-204 and 50-208A. SECTION: 1-8C-1: Appointment; Term Of Office 1-8C-2: Duties !2R! 1-8C-1: APPOINTMENT; TERM OF OFFICE: 1-8C (1) The City Attorney shall be appointed by the Mayor, with the consent of the City Council, and shall hold office for the duration of his appointment unless sooner removed.'C,1997 Code) Sterling added the above Section. Does the City wish to retain such Section? Response: Retain , Omit L 1-8C-2: DUTIES: Please review the following list completeness, and indicate if as deemed appropriate. It shall be the duty of the City A. Prosecute And Defend Actions: courts, all actions on behalf of official acts. of duties for accuracy and y changes or deletions are Attorney to: Prosecute and defend in all the City on account of B. Appeals; Writs Of Error: Take appeals or sue out writs of error on behalf of the City or any office aforesaid, with the consent and approval of the Mayor, and make the necessary bonds, in the name of the City. C. Advise Regarding Legal Questions: Advise the City Council or its committees, or any City officer, on such legal questions as may arise in relation to the business of the City • D. Attend Meetings: Attend meetings of the City Council. E. Actions To Punish Offenders: Having personal knowledge of the violation of any City ordinance or upon receiving the reliable information of any such violation, he shall institute the necessary steps to bring the offender to punishment. (1955 ME3 • Code § 1-805) • 1-8C (2) • ME3 • L CHAPTER 8 CITY OFFICERS AND EMPLOYEES ARTICLE D. CITY WORKS SUPERINTENDENT SECTION: 1-8D-1: Appointment; Term Of Office 1-8D-2: Duties !2R! 1-8D-1: APPOINTMENT; TERM OF OFFICE: 1-8D (1) The City Works Superintendent shall be'appointed by the Mayor;: with the consent of the City Council,_and shall hold office for the duration of his appointment unless sooner removed. (1997 Code) Sterling added the above Section. Does the City wish to retain such Section? Response: Retaia Omit 1-8D-2: DUTIES: Please review the following list of duties for accuracy and completeness, and indicate any changes or additions deemed appropriate. The City Works Superintendent shall have charge of the superintending of all City works as follows: A. Streets And Alleys: He shall supervise the grading, oiling and repairs of all streets and alleys of the City. B. Sewers: He shall supervise the installation and maintenance of all sewer lines in the City excepting the installation of sewer projects which are done under contract. C. Water: He shall supervise the installation and maintenance of all water mains and water services excepting the installation of water mains so installed under contract. D. Equipment: He shall have charge of and supervise the repairs and upkeep of all City works equipment. • E. Employment And Supervision: He shall employ, with the consent of the Mayor and City Council, such help as is needed to carry on the work of the City, such help to be directly under his supervision. ME3 1-8D (2) • F. Make Reports: The City Works Superintendent shall present to the City Council at its regular meeting each month a written report of City work accomplished the preceding month and also, as far as can be foreseen, City work planned for the current month. G. Other Duties: The City Works Superintendent shall be responsible for the accomplishment of such other work of the City which the Mayor may from time to time assign to him. (1955 Code ~ 1-806) • • ME3 • CHAPTER 8 CITY OFFICERS AND EMPLOYEES ARTICLE E. HEALTH OFFICER SECTION: 1-8E-1: Appointment; Term Of Office 1-8E-2: Duties 1-8E-3: Public Health Agreements !2R! 1-8E-1: APPOINTMENT; TERM OF OFFICE: The City Health Officer shall be appointed the consent of the City Council, and shall duration of his appointment unless sooner- § 1-811; 1997 Code) 1-8E (1) by the Mayor, with hold office for the removed... (1955 Code Sterling added the shaded text to above Section. Doea the City wish to retain such wording? Response: Retain Omit • 1-8E-2: DUTIES: The Health Officer shall have the duty of enforcing all health and sanitary ordinances and laws pertaining to the City, and shall have such other duties as may from time to time be required by the Mayor and Council. (1955 Code ~ 1-811) 1-812: PUBLIC HEALTH AGREEMENTS: The City may, from time to time, enter into agreements with the City-County Health Department of Ada County, Idaho for the operation and maintenance of a Health Department for the City. The officers and employees of such a Health Department shall have and perform such duties and functions as may be ascribed by such agreements and by the ordinance of the City. (1955 Code § 1-812) • ME3 1-9 (1) • CHAPTER 9 CITY FINANCES SECTION: 1-9-1: Claims Filed With City 1-9-2: Depository !2R! 1-9-1: CLAIMS FILED WITH CITY: All claims against the City must be filed with the City Clerk, in writing, and by him presented to the Council for their auditing, with a full account of the items, verified by the oath of the claimant or his agent, that the same is correct, reasonable and just and that it nor any part thereof has not been paid, and no claims or demands shall be audited or allowed unless presented and verified as provided in this Section. (1955 Code § 1-901) 1-9-2: DEPOSITORY: Statute authority, I.C. 50-1013. • A. Designation: The Idaho First National Bank, Neridian Branch, is hereby designated as the depository for the City. The City Treasurer is hereby ordered, required and directed to keep monies belonging to or in the care of the City coming into his hands and into the hands of the City, in the above named depository. (1955 Code § 1-1001) Is the designated depository correctly stated? Respoase: Yes , No , Chaage as follows: B. Bond: Such depository shall furnish a bond executed by it to the City and deposit with the County Auditor, collateral security sufficient to save the City from any loss in the sum not less than the estimated maximum amount on deposit at any one time. Such bond and collateral shall be approved by the Mayor and City Council. (1955 Code § 1-1002) ME3 S CHAPTER 10 ELECTIONS SECTION: 1-10-1: Precincts 1-10-2: Conduct Of 1-10-3: Initiative 1-10-1: PRECINCTS: Elections And Referendum !2R! 1-10 (1) The territory embraced within the corporate limits of the City is hereby divided into two (2) election precincts. The boundaries of the same shall be as set forth below, respectively: FIRST PRECINCT BOUNDARIES: All territory within the corporate limits of the City, or hereafter annexed, lying south of Cherry Lane and Fairview Avenue and east of Linder Road shall constitute, and is hereby declared to be, Precinct No. One. SECOND PRECINCT BOUNDARIES: All territory within the corporate limits of the City, or hereafter annexed, lying north of Cherry Lane and Fairview Avenue and west of Linder Road shall constitute, and is hereby declared to be, Precinct No. Two. (Ord. 478, 5-5-1987) Are the precinct boundaries accurately described? Response: Yes No Change as follows: 1-10-2: CONDUCT OF ELECTIONS: All City general or special elections shall be conducted in accordance with and in conformity with the Election Code for the Stater. (1997 Code) 1-10-3: INITIATIVE AND REFERENDUM: Petitions for initiative or referendum shall conform with;the requirements for signature, verification of validity, printing of petitions and time limits,. except as expressly modified to meet the purposes of initiative and referendum to be as neatly as practicable. as provided in Idaho Code section 34=801 et . seq. (1997 Code) Sterling has added Sections 1-10-2 and 1-10-3. Doea the City 1. I.C. title 34 and § 50-401 et seq. ME3 1-10 (2) • wish to retain either or both of said Sections? Response: Retain both Omit both , Retain oaly: • C~ ME3 1-11 (1) • CHAPTER 11 AREA OF CITY IMPACT For statute authority, see I.C. § 67-6526. SECTION: 1-11-1: Purpose 1-11-2: Consideration 1-11-3: Meridian Area Of City Impact Boundary 1-11-4: Annexation; Area Of Impact 1-11-5: Applicable Comprehensive Plan Policies And Ordinances 1-11-6: Coordination Of Amendments And Zoning Applications 1-11-7: Renegotiation !2R! 1-11-1: PURPOSE: The purpose of establishing an area of City impact is to identify a logical urban fringe area adjoining the City. The urban fringe area is realizing, or will realize, development pressure that must be planned for in an orderly manner. Idaho Code section 67-6526 requires that cities and counties negotiate an area of City impact. (Ord. 545, 11-20-1990) • 1-11-2: CONSIDERATION: The following factors were considered by the Planning and Zoning Commission and the City Council in the establishment of an area of impact: A. Trade area; B. Geographic factors; and C. Areas that can reasonably be expected to be annexed in the future. (Ord. 545, 11-20-1990) 1-11-3: MERIDIAN AREA OF CITY IMPACT BOUNDARY: A. Area Shown On Map: The Meridian area of City impact is the area designated on the Meridian Area of City Impact Boundary Map, fully incorporated herein by this reference, copies of which are available for inspection and delivery at the City Clerk's office. B. Division Of Single Ownership Property: In case a property • under single ownership is divided by the boundary line of the area of City impact and the line divides such property so that one or both of the parts has a depth of three hundred feet (300') or less, such part may be included in the jurisdiction within which the remainder and larger portion of the property is located. (Ord. 545, 11-20-1990) ME3 1-11-4: ANNEXATION; AREA OF IMPACT: 1-11 (2) A. Limitations: Annexation by the City shall be limited to those lands lying within the area of impact and being contiguous to the City limits of the City. B. Application Of Provisions: Upon annexation, the provisions of this Chapter, which is the agreement between the City and Ada County, shall no longer apply to the annexed area. (Ord. 545, 11-20-1990) 1-11-5: APPLICABLE COMPREHENSIVE PLAN POLICIES AND ORDINANCES: A. Application Of Provisions: The Meridian Comprehensive Plan, as amended by the City on July 17, 1990, shall apply to the Meridian area of City impact. B. Submission Of Subdivision Plats: All subdivision plats, for land situated within the area of impact, shall be submitted to the City for approval, in addition to Ada County for approval, as provided in Idaho Code section 50-1306. C. Street And Utility Easement Plan: All subdivision plat • applications in the Urban Service Planning Area of the City for land zoned by Ada County as RT (Rural Transition) shall require a Street and Utility Easement Plan. Said Plan shall provide for future resubdivision to urban densities and such easements shall be included on the final plat. This requirement may be waived if a letter is submitted to the Ada County Director of Developmental Services from the City Council prior to preliminary plat approval by the Board of County Commissioners approving the waiver. D. Sewer And Water Lines: A condition of approval for all subdivision plats in the Urban Service Planning Area of the City for land zoned by Ada County as RT (Rural Transition) shall require that, prior to occupancy of the subdivision's first dwelling unit, dry line sewer and water lines shall be installed to accommodate the future resubdivision to urban densities. This requirement may be waived if a letter is submitted to the Ada County Director of Developmental Services from the City Council prior to preliminary plat approval by the Board of County Commissioners approving the waiver. E. County Zoning Ordinance: The Ada County Code, title 8, the Ada County Zoning Ordinance, shall be the zoning ordinance applicable to the land in the area of City impact which is outside the City limits and within the boundaries of the area . of City impact. (Ord. 545, 11-20-1990) 1-11-6: COORDINATION OF AMENDMENTS AND ZONING APPLICATIONS: A. County And City Coordination: All applications for Ada ME3 1-11 (3) • County and Meridian amendments to their respective comprehensive plans and implementing ordinances which apply within the area of City impact shall be sent by the entity considering such amendment to the other entity. A separate referral process shall be adopted by resolution by each entity regarding procedures and time periods for, and the effect of, sending such amendments, and such resolution may be amended from time to time upon mutual agreement in writing by Ada County and the City. B. Applications To City: All Ada County applications for planned developments, subdivisions, rezones, private roads, and conditional use permits within the area of City impact shall be sent to Meridian, in accordance with the referral process arrived at pursuant to subsection A above. (Ord. 545, 11-20-1990) 1-11-7: RENEGOTIATION: A. Request: In accordance with Idaho Code section 67-6526(d), the City Council or the Board of Ada County Commissioners may request, in writing, renegotiation of any provision of this Chapter at any time. Within thirty (30) days of receipt of such written request by either party, a meeting between the • two (2) jurisdictions shall occur. B. Effect Of Provisions: While renegotiation is occurring, all provisions of this Chapter shall remain in effect until this Chapter is amended or a substitute ordinance is adopted by Meridian and Ada County, in accordance with the notice and hearing procedures provided in the Meridian ordinances and Idaho Code section 67-6526, or until a declaratory judgment from the District Court is final. Provided, however, that this Chapter or stipulated portions thereof shall be of no further force and effect if both jurisdictions so agree by mutually adopted resolution or ordinance. (Ord. 545, 11-20-1990) • ME3 • CHAPTER 12 COMPREHENSIVE PLAN SECTION: 1-12-1: Plan Adopted 1-12-2: Amendments To Plan !2R! 1-12-1: PLAN ADOPTED: 1-12 (1) A. Adoption: The Meridian Comprehensive Plan processed and developed as required and authorized pursuant to Idaho Code title 67, chapter 65 is hereby adopted by the City as the Official Comprehensive Plan of the City. B. Incorporation; Copies On File: Said Meridian Comprehensive Plan is adopted by reference thereto above, as authorized by Idaho Code section 67-6509(c), but said Plan is incorporated herein as if set forth in full. Three (3) copies of said Plan are on file in the office of the City Clerk, City Hall. (Ord. 331, 9-18-1978) • 1-12-2: AMENDMENTS TO PLAN: A. Dates Of Amendments: The amendments to the Comprehensive Plan of the City, which were processed pursuant to the Meridian Comprehensive Plan and Idaho Code title 67, chapter 65 are hereby adopted by the City and said Comprehensive Plan is hereby deemed amended as provided in said amendments; the amendments have respective dates of April 2, 1984, February 19, 1985, September 3, 1985, January 3, 1989, July 17, 1992 and March 2, 1993. B. Amendments Adopted By Reference: Said amendments to the Comprehensive Plan of the City are hereby adopted by reference thereto above, as authorized by Idaho Code sections 50-901 and 67-6509(c), but said amendments are incorporated herein as if set forth in full. Three (3) copies of said amendments are on file in the office of the City Clerk, City Hall, 33 East Idaho Street, Meridian, Idaho. All said amendments are hereby authorized to be set forth in manual form and copies maintained in the office of the City Clerk. (Ord. 595, 3-2-1993) • • • ME3 CHAPTER 13 ECONOMIC DEVELOPMENT CORPORATION SECTION: 1-13-1: Creation; Purpose 1-13-2: Powers And Duties 1-13-3: Charter 1-13-4: Board Of Directors 1-13-5: Not A Private Corporation 1-13-6: Conduct Of Corporate Affairs 1-13-7: Conflict Of Interest 1-13-8: Monies, Distribution And Earnings !2R! 1-13-1: CREATION; PURPOSE: 1-13 A. Purpose: The City of Meridian, Ada County, Idaho (the "City") does hereby create a public corporation to carry out the purposes of the Actl. This Chapter shall not be construed to limit or restrict the purposes of the Act, but shall be liberally construed to effect such purpose. B. Public Corporation: The name of the public corporation shall be the Economic Development Corporation of the City (the "Corporation"). (Ord. 421, 3-3-1983) 1-13-2: POWERS AND DUTIES: A. Compliance With Act: The Corporation shall have all the powers and be subject to all the limitations and provisions contained in the Act. B. Compliance With Charter: The Corporation shall have all the powers granted by the Act. Such powers shall include, without limitation, all powers set forth in the Charter, a copy of which is on file in the office of the City Clerk and adopted herein by reference. (Ord. 421, 3-3-1983) 1-13-3: CHARTER: A Charter (the "Charter") is hereby issued by the City to the Corporation. The Charter grants to the Corporation all powers authorized by the Act. A copy of the Charter is on file in the office of the City Clerk and hereby incorporated by reference. The Charter is hereby approved pursuant to section 50-2703(1) of the Act. The Charter may be amended from time to time by the City Council. The existence of the Corporation commences at the time the enactment of this Chapter becomes effective. (Ord. 421, 3-3-1983) 1. I.C. title 50, chapter 27. ME3 • 1-13-4: BOARD OF DIRECTORS: 1-13 The Board of Directors of the Corporation (the "Board") shall be comprised of the Mayor and the president of the City Council, who shall hold office as Board members by virtue of their election and qualification as Mayor and as president of the City Council, and three (3) additional Board members who shall be duly appointed, as authorized in the Charter, by the full City Council, subject to the provisions of section 50-2704 of the Act. In the event that a majority of the City Council shall at any time determine that any member of the Board shall, for any reason, be unwilling or unable to serve as a director of the Board, the City Council shall by resolution or ordinance, designate another individual to serve as a director of the Board in place of such member for a term coterminous with the duration of such member's term in office (provided that a majority of the full Board shall be residents of the City). A majority of the members of the Board in office shall constitute a quorum, and the approval of a majority of a quorum shall be necessary for the Board to take any action. (Ord. 421, 3-3-1983) 1-13-5: NOT A PRIVATE CORPORATION: • There shall be no stockholders, nor shall there be any shares of stock authorized or issued, in that the corporation is not a private corporation, but one solely authorized by Idaho Code title 50, chapter 27. The term "stock" is in no way to be confused with the term "bond", as the corporation is specifically authorized to issue bonds. (Ord. 421, 3-3-1983) 1-13-6: CONDUCT OF CORPORATE AFFAIRS: A. Organization Of Board: The affairs of the Corporation shall be conducted and carried out by the Board. The Board shall elect officers from among its own members. Such officers shall be elected at the initial meeting of the Board in every calendar year, shall serve until their successors have been duly elected, and shall include a president and a secretary and may include a vice president and an assistant secretary (provided that in the event the Board shall be comprised of only 3 members, the offices of vice president and assistant secretary may be simultaneously held by the same person; and provided further that, in the event the offices of the vice president and assistant secretary shall be simultaneously held by the same person, such person shall not both execute and attest any resolution, document, certificate, deed, mortgage or deed of trust, note, bond, contract or other document or instrument). The Board may elect such other officers • as it shall, from time to time, determine to be necessary or desirable. The Board shall adopt bylaws and/or rules consistent with the Act and regulations governing the election of officers, the power and duties of such officers, the filling of vacancies in offices, the scheduling, giving notice of, and conduct of meetings, and the conduct of the Corporation. Such bylaws, rules ME3 1-13 • and regulations may be amended from time to time by the Board, provided that any such amendments shall be consistent with the provisions hereof and the Act. B. Compensation: Members of the Board shall serve without compensation, but with reimbursement of expenses as may be provided in the bylaws, rules and regulations of the Board. (Ord. 421, 3-3-1983) 1-13-7: CONFLICT OF INTEREST: No director, officer, agent, employee or official of the Corporation shall have a direct or indirect financial interest in any property to be included in or any contract for property, service or materials to be furnished or used in connection with any industrial development facility financed through the Corporation. (Ord. 421, 3-3-1983) 1-13-8: MONIES, DISTRIBUTION AND EARNINGS: A. Giving Or Lending Money: The City may not give or lend any money or property in aid of the Corporation, except as expressly authorized by the Act. This provision shall not preclude the City • from dealing with the Corporation on an arms-length basis. B. Net Earnings: Any net earnings of the Corporation beyond those necessary for retirement of indebtedness incurred by it shall inure to the City and not for the benefit of any other person. Alteration of the Charter of or dissolution of or audits of the Corporation shall be provided by the Act and by subsequent ordinances of the City. Upon dissolution of the Corporation, title to all property owned by the Corporation shall vest in the City. (Ord. 421, 3-3-1983) • ME3 • CHAPTER 1 PLANNING AND ZONING COMMISSION For statute authority, see I.C. § 67-6520. SECTION: 2-1-1: Time And Place Of Meetings !2R! 2-1-1: TIME AND PLACE OF MEETINGS1: 2-1 (1) The regular meetings of the Planning and Zoning Commission of the City shall be held at the Meridian City Hall at 33 East Idaho Street, by the chairman and Planning and Zoning Commission members on the second Tuesday of each month at seven thirty o'clock (7:30) P.M. of said days. If the said second Tuesday of any month is a holiday or a City or general election day, the meeting shall not be held on that Tuesday but shall be held the following Wednesday at the same hour and place. (Ord. 676, 10-18-1994) Ordinance 676 specifically adds this Section to the City Code. • We have included a footnote to show that the appointment, membership and duties of such Commission appear in the Zoning Code of the City (Section 11-2-204C). Is the placement of this provision satisfactory, or would it be better placed in the Zoning Code with the other Commission provisions? Response: Placement here satisfactory Move to the Zoning Code with other Commission provisions • 1. See also Section 11-3-3 of this Code for Planning and Zoning Commission provisions. ME3 3-1 (1) • CHAPTER 1 GENERAL LICENSING PROVISIONS For statute authority, see I.C. 3 50-307. This Chapter is derived from Ord. 744, adopted September 17, 1996, so the provisions are current and not subject to question. However, the City may want to consider the addition of "license revocation, hearing and appeal procedures". See two sample sections at the end of this Chapter. SECTION: 3-1-1: License Required 3-1-2: Payment of License Fee 3-1-3: Application For License 3-1-4: Separate License For Each Activity 3-1-5: License Term 3-1-6: Investigation Of Applicant; Requirements 3-1-7: Penalty !2R! 3-1-1: LICENSE REQUIRED: • No person shall engage in, prosecute or carry on any trade, business, profession, or activity within the limits of the City, for which a license may be required by this Chapter, or by any ordinance of the City, until he shall have obtained the license required for that trade, business, profession, or activity, all hereafter referred to as "activity". (Ord. 744, 9-17-1996) 3-1-2: PAYMENT OF LICENSE FEE: A. Payment Of Fee; License Issuance: Every person required by this Chapter, or any ordinances of the City, to obtain a license to engage in any trade, business, profession, or activity, for which a license is required, shall pay to the City Treasurer the sum, or sums, required to be paid for a license. With the receipt of the City Treasurer, which receipt shall set forth the kind of activity for which a license is desired, the applicant shall apply to the City Clerk for the license desired. The City Clerk may issue a license to the party applying upon compliance by the applicant with the provisions relating to obtaining a license for the business, trade, profession, or activity, for which such license is desired. • B. Payment In Advance: All licenses required by this Chapter shall be paid in advance and prior to issuance. (Ord. 744, 9-17-1996) 3-1-3: APPLICATION FOR LICENSE: ME3 3-1 (2) • Every license to be taken out under and by virtue of this Chapter, or other City ordinance, shall contain and set forth the purpose, trade, business, profession, or activity for which such license is granted, and the name and address of the person or entity requesting the same. Said license shall authorize the continuance of the activity named therein for the term of such license, but shall not authorize the carrying on of said activity in any other location. If the entity to which, or to whom, a license has been issued changes its name or address, the activity shall inform the City Clerk of such and request that a new license be issued. Until the new license is issued, the existing license shall be void. (Ord. 744, 9-17-1996) 3-1-4: SEPARATE LICENSE FOR EACH ACTIVITY: In every case where more than one activity, for which a license is required, is carried on in the same place by the same person or entity, the person or entity performing the activity must obtain a license for each activity and pay the license fee for each activity. (Ord. 744, 9-17-1996) 3-1-5: LICENSE TERM: • All licenses issued as quarterly licenses shall expire the last day of each quarter, as follows: March 1, June 1, September 1 and December 1. All quarterly licenses shall be dated and paid from the first day of the quarter and shall extend only to the last day of the quarter. (Ord. 744, 9-17-1996) 3-1-6: INVESTIGATION OF APPLICANT; REQUIREMENTS: A. Determine Suitability Of Applicant: In order to determine an applicant's suitability for a license relating to the following activities: 1. City alcohol licenses and permits, 2. Peddlers and solicitors, 3. Itinerant merchants, 4. Precious metals dealers, 5. Pawnbrokers, • 6. Escort business operators and employees, 7. Private security service operators and employees, 8. All new City employees, ME3 3-1 (3) • 9. Obscenity activists who are subject to licensing, 10. Massage parlor employees, owners and operators, 11. P.A.L. coaches and volunteers, Suggest writing out the meaaiag of bolded letters, for clarification purposes. Response: P.A.L. means: 12. Citizens on patrol volunteers, 13. Police reserves, the City shall require the applicant to, and the applicant shall, furnish to the Police Department a full set of fingerprints. The Police Department shall perform, or have the Idaho Department of Law Enforcement or the Federal Bureau of Investigation perform, a criminal background investigation. • B. Background Investigation; Consent Required: The Police Department shall obtain the written consent of the applicant for the criminal background investigation and if the applicant does not execute the consent, the application shall be denied. The Police Department shall submit the completed fingerprint card to the Idaho Department of Law Enforcement. The Idaho Department of Law Enforcement is authorized to submit the fingerprints to the FBI for a national criminal history record check. C. Payment Of Costs: The applicant shall pay for the costs of the City for all Federal Bureau of Investigation, State of Idaho Department of Law Enforcement, or any other investigations requested, or performed, by the City. (Ord. 744, 9-17-1996) 3-1-7: PENALTY: If any person shall exercise or carry on any activity, or do any act exercising, carrying on, or performing the activity for which a license is required by this Chapter, or any ordinance of the City, without obtaining the license required, or violate any of the provisions of this Chapter, or any other • ordinance requiring a license, such person shall be subject to, on conviction thereof, for every such offense, imprisonment for a term not to exceed thirty (30) days, or to a fine not to exceed three hundred dollars ($300.00), or to both such imprisonment and fine. (Ord. 744, 9-17-1996) ME3 3-1 (4) • Pursuant to our comments at Section 1-4-1 of this Code, should bolded text be omitted and reference made to Sectioa 1-4-1 of this Code? Response: Yes , No Change as follows: • • ME3 3-1 (5) • The following two sections are sample provisioas for the City's consideration for possible addition to this Chapter. • 1. in 3,:Conviction of the licensee or permattee.d£lany fe'loziy a. • a misdemeanor involving moral turpitude,' 4. Failure of :the licensee or permitter-:tq pay axri! i.~xe ar genalty swing to the City,..:: - 5. 'Refusal to permit an inspeCt~.asx or inv~~C~,g~t~ion-or d#l'~, 3-1-8: REUOCATICSi~; HE~RTNG: ME3 3-1 (6) • interference with a duly authorized City officer or employee while in the performance of his duties in making such inspections, as provided in the'. City Code. (1997 Code:) 3-1-9: APPEAL PROCEDURE: A. Right To Appeal: Any applicant aggrieved by the :refusal of the City to issue a license or permit or by the revocation of a license or permit shall have the right to;appeal,the City's decision. to the City Council. Such :appeal shall be requested by submitting a written request to the Mayor .within :fire ('S )! days of the action of the City which is appealed. B. Council Consideration: The City Council shall-consider-'.the appeal at its next regularly scheduled meeting, at 'which 'time the applicant shall be entitled to present his appeal orally or in writing.. The Council shall act on the appeal within seven (7) days of the hearing and shall either uphold the action of the City or shall direct the issuance of a license or permit which the City has denied or'fhe ressuance of ;a license or permit which the City had revoked .,,(1997;Cos~e) Does the City wish to include the above two sections, or any portion thereof? • Response: Include Do not include Include only the portions so marked for inclusion above • ME3 • CHAPTER 3 AMUSEMENTS SAffiPL8 For statute authority, see I.C. 5 50-308. 3-3 (1) Sterling has included this sample Chapter in the place of the following two Chapters of the 1955 Code, due to tha age of the legislation: Chapter 9, Title 3, "Amusements" Chapter 11, Title 3, "Pool Halls" • • The City needs to carefully review all the provisions of this sample Chapter for applicability to the City of 8leridiaa, especially regarding license fees and hours of operation. Does the City wish to retain this ChapterY Response: Retain Chapter as is , Retain Chapter with changes and/or omissions as marked below Omit Chapter altogether Omit sad insert Chapters from 1955 Code as follows (indicate which 1955 Code Chapters to include): SECTION: 3-3-1: License Required 3-3-2: Application For License 3-3-3: License Fees 3-3-4: Hours Of Operation !2R! 3-3-1: LICENSE REQUIRED: nor shall any person operate or maintain any pinball, foosball, air hockey, electronic amusement devices, music machines or other similar coin-operated amusement devices in any building without having a license therefor. (1997 Code) No person shall operate or maintain any public pool or billiard tables, bowling alley or other place of amusement, 3-3-2: APPLICATION FOR LICENSE: Application for such license shall state the kind of tables or amusement devices to be used and the number thereof, the name of the owner of such tables and/or amusement devices, and the location of the building and room where such tables or amusement devices are to be kept or used. (1997 Code) ME3 SANPLE 3-3 (2) • 3-3-3: LICENSE FEES: A. Establishment: Each establishment with pool or billiard tables, pinball, foosball, air hockey, electronic amusement devices or other similar coin-operated device shall be required to pay an establishment license fee of twenty five dollars ($25.00). Is fee correct? Response: Yea No Change as follows: B. Vendors: The vendors supplying the amusement devices and/or tables shall be charged a fee of one hundred Sollars ($100.00), and shall provide the City with a listing of equipment they have rented or leased and its location on May 31 and November 30 of each year. (1997 Code) Is fee correct? Response: Yes No Change as follows: 3-3-4: HOURS OF OPERATION: No person holding a license for the operation of pool tables, billiard tables or amusement devices licensed under this Chapter shall remain open for the purpose of playing, using or otherwise operating said pool tables, billiard tables or amusement devices on any day between the hours of one o'clock (1:00) A.N. and eight o'clock (8:00) A.N. (1997 Code) Are the hours accurately stated? Response: Yes No Change as follows: • ME3 • CHAPTER 3 MISDEMEANORS 6-3 (1) Note that numerous misdemeanor offenses in Title 8 of the 1955 City Code have NOT been included in the new Code. See our comments below, following sample Section 6-3-1. SECTION: 6-3-1: State Law Adopted 6-3-2: Public Disturbance Noises 6-3-3: Liquor Related Offenses 6-3-4: Resisting An Officer 6-3-5: Coin-Operated Amusement Devices Prohibited 6-3-6: Electric Fences Prohibited !2R! 6-3-1: STATE LAW ADOPTED: There is hereby adopted by the City, Idaho Gode title T8 Crimes and Punishments, as presently in effect or-as may hereafter be amended, three (3) copies of which are on file in the office of the City Clerk for public inspection .:'(1997 • Code) 8o that compliance with State law does not become an issue, and for uniformity of treatment of offenders and smooth administration of the laws, the City may want to consider adopting the State Criminal Code (Idaho Code title 18) by reference and omitting those sections of Title 8 of the 1955 City Code which are covered by said statute. If the City should agree with this suggestion, ft may decide to retain those provisions which are unique to or of special interest to the City. The above Section is a sample for consideration. Does the City wish to include the above Section is this Chapter? Response: Yes , No , Change text of sample as follows or as enclosed herewith: Due to the age of the following listed sections/chapters (listed alphabetically) and/or the fact that most of the provisions are covered by Idaho Code title 18, we are asking if such sections/chapters are needed in the new City Code. we have indicated in parentheses the section or chapter of the • 1955 City Code. On the next line, the statute which covers that subject is shown. Please indicate if the section should be "omitted" or "retained". This process just might save the codifiers and the City valuable time, and help clean up the City Code. • L~ • ME3 Abandoned Ice Boxes, Refrigerators, Containers I.C. § 18-5816 Omit Retain Aid In Escape (Section 8-1601) I.C. § 18-2504 Omit Retain Aid To An Offense (Section 8-1602) I.C. § 18-304 Omit Retain Air-Guns, Firearms (Chapter 8-2) I.C. § 18-3301 et seg. Omit , Retain _ Arson (Section 8-1603) Omit Retain Assault Or Battery (Section 8-1604) I.C. § 18-901 et sag. Omit Retain _ Concealed Weapons (Section 8-1606) I.C. § 18-3302 Omit Retain 6-3 (2) (Chapter 8-8) Deposits Of In]urious Material Oa Thoroughfares (Section 8-1607) I.C. § 18-3906 Omit Retain Disorderly Conduct (Section 8-1608) I.C. § 18-6401 et seq. Omit , Retain Disorderly Dance Halls (Section 8-1609) Omit , Retain Disorderly Houses (Section 1610) Omit Retain Distribution Of Obscene Literature (Section 8-1611) I.C. § 18-1513 et seq. Omit Retain Disturbing The Peace (Section 8-1612) I.C. § 18-6409 Omit , Retain Drunkenness (Section 8-1613) I.C. § 18-116 Omit , Retain I.C. § 49-732 repealed eff. July 1983 Escapes (Section 8-1615) I.C. § 18-2506 Omit Retain Failure To Appear (Section 8-1616) This Section is in regard to traffic tickets, and should be omitted or placed in the Traffic Title of the new Code. Section 7-1-1 of the new City Code adopts the Idaho Motor Vehicle Laws by reference. Omit , Retain in this Chapter , Move to Title 7 of the new Code False Pretenses (Section 8-1617) ME3 6-3 (3) • I.C. § 18-2401 et seq. Omit , Retain Fraudulently Avoiding Payment Of Admission Fees (Section 1618) Omit , Retain (section 8-1619) I.C. § 18-2503 Omit , Retain Gambling (Chapter 8-14) I.C. § 18-3801 Omit Retain General Offense (Section 8-1620) I.C. § 18-303 Omit , Retain Giving Assistance To Police Officer (Section 8-1621) I.C. § 18-707 Omit Retain House Of Prostitution (Section 8-1622) I.C. § 18-5612 Omit Retain Hypnosis (Chapter 8-13) Omit Retain • Impersonating An Officer (Section 8-1623) Omit Retain Indecent Exposure (Section 8-1624) I.C. § 18-4101 et seq. Omit , Retain Keeping Of Junk Restricted (Section 8-1625) I.C. § 18-5901 We feel that this Section is covered by Title 4, Chapter 4, ^Abandoned Or Inoperable Vehicles Or Personal Property", of the new City Code. Omit , Retain Lewd Cohabitation (Section 8-1626) I.C. § 18-6604; this statute was repealed effective July 1994. Omit Retain Loitering (Chapter 8-17) I.C. § 18-7008 Omit Retain Lug Wheels Prohibited (Section 8-1627) I.C. § 49-948 This is another traffic provision, which is probably covered by the adoption of the State vehicle Laws. Suggest omitting or moving to Title 7, Traffic, of the • new Code. Omit , Retain in this Chapter Move to Title 7 of the new Code Malicious Injury To Property (Section 8-1628) I.C. § 18-7001 et seq. Omit , Retain ME3 6-3 (4) • Molesting Fire Apparatus (Section 8-1630) I.C. $ 18-7001 et seq. Omit Retain Muffler; Unnecessary Noise (Section 8-1631) I.C. ~ 49-937 This is another traffic provision, which is probably covered by the adoption of the State Vehicle Laws. Suggest omitting or moving to Title 7, Traffic, of the new Code. Omit , Retain in this Chapter , Move to Title 7 of the new Code Nuisances Defined (Section 8-1632) I.C. § 18-5901 et seq. This is covered in Section 4-2-1 of the new Code, and sot needed in this Chapter. We suggest omitting this Section. Omit , Retaia Obscene Conduct (Section 8-1633) I.C. $ 18-4101 et seq. Omit Retain Petit Larceny (Section 8-1634, is 1955 Code # appears as 6-1834) I.C. § 18-4605 Omit Retain • Prostitution (Section 8-1635, in 1955 Code # appears as 6-1835) I.C. 5 18-5613 Omit Retain Riot (Section 8-1636) I.C. §§ 18-6401, 18-6410 Omit Retaia Swindling (Section 8-1638) I.C. § 18-2401 et seq. Omit , Retain Trespassing (Section 8-1639) I.C. ~ 18-7008 Omit Retain Unlawful Assembly (Section 8-1640) I.C. § 18-6404 Omit Retaia Vagrancy (Section 8-1641) I.C. § 50-308 for authority of City to regulate; however, vagrancy provisions are often considered to be too vague, thereby being difficult to enforce. Suggest omitting. Omit Retain Wilful Concealment Of Goods, Wares Or Merchandise (Section 8-1642) I.C. § 18-2401 Omit , Retain • ME3 6-3 (5) • 6-3-2: PUBLIC DISTURBANCE NOISES: A. Prohibited Acts: It is unlawful for any person to cause, or for any person in possession of property to allow to originate from the property, sound that is a public disturbance noise. The following sounds are determined to be public disturbance noises: 1. Horns Or Sirens: The frequent, repetitive or continuous sounding of any horn or siren attached to a motor vehicle, except as a warning of danger or as specifically permitted or required by law; 2. Repetitive Motor Vehicle Sounds: The creation of frequent, repetitive or continuous sounds in connection with the starting, operation, repair, rebuilding or testing of any motor vehicle, motorcycle, off-highway vehicle or internal combustion engine within a residential district, so as to unreasonably disturb or interfere with the peace, comfort and repose of owners or possessors of real property; 3. Yelling Or Shouting: Yelling, shouting, hooting, whistling or singing on or near the public streets which unreasonably disturb or interfere with the peace, comfort and repose of owners or possessors of real property; • 4. Noise From Buildings: The creation of frequent, repetitive or continuous sounds which emanate from any building, structure, apartment, or condominium, which unreasonably interfere with the peace, comfort, and repose of owners or possessors of real property, such as sounds from audio equipment, musical instruments, band sessions or social gatherings; 5. Motor Vehicle Sound Systems: Sound from motor vehicle sound systems, such as tape players, radios, and compact disc players, operated at a volume so as to be audible greater than one hundred feet (100') from the vehicle itself; 6. Audio Equipment: Sound from audio equipment, such as tape players, radios, or compact disc players, operated at a volume so as to be audible greater than one hundred feet (100') from the source, and if not operated upon the property of the operator. B. Exceptions: The foregoing provisions shall not apply to regularly scheduled events at parks, such as public address systems for baseball games or park concerts. C. Public Disturbance Noise Time Period: Public disturbance • noises shall not be permitted within the City between the hours of eleven o'clock (11:00) P.M. and six o'clock (6:00) A.M. D. Violation, Penalties: Any person violating the provisions of this Section shall be punished by a fine in a sum not ME3 6-3 (6) exceeding three hundred dollars ($300.00) for the first violation hereof, of which one hundred dollars ($100.00) shall not be suspended or deferred; a fine of three hundred dollars ($300.00) shall be imposed for each subsegueat violation, of which one hundred fifty dollars ($150.00) shall not be suspended or deferred. (Amd. Ord. 649, 8-20-1996) Throughout this Code workbook, we have suggested that the penalty amounts be omitted and reference be made to Section 1-4-1 of this Code; however, in this case, should the penalty be retained as is? Response: Retain wording as is , Omit penalty amounts and refer to Section 1-4-1 , Change as follows: 6-3-3: LIQUOR RELATED OFFENSES: A. Alcoholic Beverages Prohibited In City Parks: 1. Consumption Or Possession Prohibited: Except as provided below, it shall be unlawful and illegal for any person to consume or have in their possession any type of alcoholic • beverage in any shape or form, in or on the City parks. Any person violating this Section is guilty of a misdemeanor, the penalty for which is the sum of two hundred fifty dollars ($250.00) and/or thirty (30) days in jail. Pursuant to our comments at Section 1-4-1 of this Code, should bolded text be omitted and reference made to Section 1-4-1 of this Code? Response: Yes No Change as follows: 2. Park Alcoholic Beverage Permit; Fee; It shall not be a violation of this Section to consume or to have in their possession any type of alcoholic beverage in any shape or form if the person has obtained from the City Clerk a park alcoholic beverage permit. The City Clerk may issue park alcoholic beverage permits upon application therefor upon proof of age, and payment of the required fee as set forth by resolution of the City Council; provided, however, no permit shall be issued allowing consumption or possession of alcoholic beverages in the park for a period longer than six (6) hours in any one twenty four (24) hour period nor during • any period of time when a park is closed. The person obtaining the permit shall have the permit available at the park for inspection, upon demand, by any police officer or other City official, and the failure to have the permit for inspection shall subject the person who actually obtained the permit, and all other persons in his corporation, partnership, association ME3 6-3 (7) • or organization to the criminal penalties cited in subsection Al above. (Ord. 515, 10-3-1989) B. Open Container Law: For statute authority, see I.C. 23-505. 1. Removal Of Liquor From Premises; Definition: It shall be unlawful for any person to remove an open container containing any alcoholic beverage from the premises of any business establishment which holds a beer, wine or liquor license. "Premises" shall mean the building and contiguous property owned, or leased, or used under government permit, by the holder of a liquor, wine or beer license as part of the business establishment in the business of the sale, at retail, of liquor, wine or beer, which property is improved to include decks, docks, boardwalks, lawns, gardens, golf courses, courtyards, patios, abutting sidewalks, pool side areas, or similar improved appurtenances in which, or on which, the sale of liquor, wine or beer is authorized by the City. 2. Open Container In vehicle: It shall be unlawful for any person, while operating or riding in or upon a motor vehicle upon a public highway of the City, County or State, to consume beer, wine or liquor or have in his possession any beer, wine . or liquor in an open or unsealed container of any kind. 3. Penalty: Any person violating either of the above two provisions shall be guilty of a misdemeanor and, upon conviction thereof, shall be punished by a fine not to be less than fifty dollars ($50.00) nor more than three hundred dollars ($300.00) or not more than thirty (30) days in jail or by both such fine and imprisonment. (Ord. 509, 6-6-1989) Pursuaat to our comments at Section 1-4-1 of this Code, should bolded text be omitted and reference made to Section 1-4-1 of this Code? Response: Yes No , Chaage as follows: 6-3-4: RESISTING AN OFFICER: For statute authority, sae I.C. ~ 18-705. Omit Section , Retain Sectioa A. Resist, Delay Or Obstruct: It shall be unlawful for any • person within the corporate limits of the City wilfully to resist, delay, or obstruct any public officer of the City, in the discharge, or attempt to discharge, of any duty of his office. (1955 Code § 8-1001) B. Attempt By Threats Or Violence To Deter: It shall be ME3 6-3 (8) . unlawful for any person within the corporate limits of the City to attempt by means of any threat or violence to deter or prevent any police officer of the City from performing any duty imposed upon such officer by law. (1955 Code § 8-1002) C. Resist By Force Or Violence: It shall be unlawful for any person within the corporate limits of the City to resist by force or violence any police officer or other official or employee of the City while in the discharge of his official duties. (1955 Code § 8-1003) D. False Reports: It shall be unlawful for any person to: 1. Intentionally or knowingly request, in any manner, the assistance of the Police Department, Fire Department or any other medical or emergency personnel or equipment, when such assistance is not needed as requested, or aid or abet in the commission of such act or false alarm; 2. Make, file or utter any false, misleading or unfounded verbal or written statement or report to any employee of the City, concerning the commission or alleged commission of any crime or tort; 3. Intentionally or knowingly furnish, in or for any report, • form or application, to the Police Department, Fire Department, or any City employee any false or misleading information if such alters the content or intent of such report, form or application, (Ord. 363, 2-19-1980) E. Obstructions In Performance Of Duty: When any form of personal or real property causes a delay or obstructs any public officer or City employee from performing their duty, the personal or real property may be moved and/or impounded, as necessary or required to eliminate the resistance or obstruction, at the owners', keepers' or tenants' expense. (Ord. 382, 11-3-1980) 6-3-5: COIN-OPERATED AMUSEMENT DEVICES PROHIBITED: A. Definitions: For the purpose of this Section, the following words and phrases shall have the meanings respectively ascribed to them as follows: !DEF! COIN-OPERATED AMUSEMENT DEVICE: A machine or device into which may be inserted any piece of money or other object and from which as a result of such insertion and the application of physical or mechanical force may issue wholly upon any chance or uncertain or contingent event, any piece or • pieces of money, or any check, memorandum, or other tangible evidence calling for money or property, or which check, memorandum, or other tangible evidence is, after issuance, actually redeemed in money or exchanged for money or property by any person whatsoever; which device is defined as and is hereby declared to be gaming but not lottery. ME3 6-3 (9) • PERSON: Includes an individual person, partnership, corporation or association. (1955 Code § 8-401) !DEFEND! B. Unlawful To Own Or Operate: It shall be unlawful for any person, including an individual person, partnership, corporation, or association, to own and operate, or to possess or permit the operation of any coin-operated amusement device as defined by this Section, within the corporate limits of the City. (1955 Code § 8-402) C. Empowered To Seize: Any peace officer of the City who has probable cause to believe that a coin-operated amusement device is operated and possessed by any person in violation of this Section, is hereby authorized and empowered to seize such device, and upon conviction of any person for such illegal operation and possession, such device shall be declared confiscated by the Chief peace officer of the City making seizure. Upon final determination of such case, said device shall be sold at public sale to the highest bidder after posting notice for at least ten (10) days of the time and place of said sale at a public place at or near the Courthouse door in Ada County, where such sale shall be held. The proceeds of such sale shall thereupon be deposited in and belong to the General Fund of the City. (1955 Code § 8-403) • Is above Section currently enforced? Response: Omit Section , Retain Section as is , Retain Section with following changes: 6-3-6: ELECTRIC FENCES PROHIBITED: A. Definition: As used herein, the term "electric fence" shall mean a wire or wires, charged intermittently or continuously with electricity, installed around a pasture or plot to form an enclosure in which livestock is kept. (1955 Code § 8-1101) B. Fences Prohibited: It shall be unlawful for any person to install or use an electric fence within the corporate limits of the City. (1955 Code § 8-1102) Should this Section be omitted in lieu of subsection S-4-SA of this Code (9-807A), which prohibits electric fences in the City limits? Response: Yes No , Change as follows: •