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Code Workbook Titles 1-8STERLING C©DINERS, INC. 7600 Mineral Drive Coeur d'Alene, Idaho 83814 8061338-7468 20817624449 FAX 8081762-9140 ,STERLING CODIFIERS, Inc. • 7600 Mineral Drive - Suite 200 - Coeur d'Alene, Idaho 83814 (800) 338-7458 - FAX (208) 762-9140 Weiser Branch Office - 106 West Main - Suite 203 - Weiser, Idaho 83672 (208) 549-2832 - FAX (208) 549-1515 MERIDIAN, IDAHO CODE WORKBOOK MARCH, 1997 INTRODUCTION The recodification process includes evaluating, editing and organizing the City's 1955 Code and ordinances into a working draft containing the most current legislation of the City, which is termed the "Code Workbook". A research and review of the 1955 Code and ordinances of Meridian has been done by comparing the same with statutory provisions and similar legislation from other Idaho communities. Our purpose is to identity conflicts and ambiguities in the City's legislation so that City officials have a basis for review and revision. Please note that it is not the intent of Sterling Codifiers to give legal advice or opinions in our comments and questions concerning the research and review, but rather to provide as much information as possible to enable City officials to make necessary decisions. Any questions as to validity or legal sufficiency of legislation, or as to interpretation of statutes, will properly remain the responsibility of the City Attorney. It is our desire to work as closely as possible with the City Attorney in this regard. ADOPTION OF CODE The material included in the first four chapters of Title 1 has been updated by Sterling with more current data to help facilitate Code use and future amendment. These materials, as well as a few other "sample" chapters and text changes in various sections throughout the Code Workbook, have not been previously adopted by the City and are cited "(1997 Code)", being the year of publication of your new Code. After publication of the Code volumes, these provisions, along with any other changes decided upon by the City, will need to be adopted by the City through the Code Adoption Ordinance in order to make them legally applicable and enforceable in the City. CODE WORKBOOK The enclosed Code Workbook is designed to serve as a working draft for the City's new Code. The questions and comments are included in bold type following the relevant sections of the text for ease of reference, with space provided for • appropriate responses. Applicable State law references have also been included to aid the City in its review. With the exception of those few sample materials that Sterling has included, the • chapters contained in this Code Workbook are all derived from currently effective laws of the City. They have been edited and organized in order to provide the City with a workable system of law. Please remember that the Code Workbook is only a draft. It has not been stylized in final form, nor have the pages been formatted to appear as they will in the final Code. Ignore exclamation marks and the information between them, i.e., !2R!, !DEF! and !DEFEND!, which are formatting codes for Sterling use only. Organization of Code In similar fashion to the 1955 City Code, the recodified Code Workbook is organized into several titles, in accordance with the different types of legislation of the City. All legislation, as amended, included in the Code Workbook will become sections or chapters of the City Code. Numbering System Again, as with the 1955 City Code, each section of the legislation included in the Code Workbook has been assigned a number which indicates the title in which the legislation is included, the chapter or article in which it is found and the location of the section within that chapter or article. This not only makes the use of the • Code easier but facilitates the preparation of the index for the Code and the future supplementation of the Code. Example 1-6A-2 First number (1-6A-2) Second number (1-6A-2) Letter (1-6A-2) Third number (1-6A-2) Catchlines Title of Code Chapter of title Article of chapter Section of chapter or article Each section of the legislation included in the Code Workbook has been given a catchline indicating the subject matter of that section. A listing of all of the catchlines in a chapter will appear at the beginning of that chapter. This listing serves as an outline of the chapter and provides an easy means of locating sought-after provisions. Histories of Legislation The historical citation included at the end of each section provides reference to the most recent legislation affecting that section. Each item of legislation is identified • by number and date of adoption. Future amendments will be similarly noted where appropriate in the text. The historical citations are designed to facilitate reference to source records whenever necessary. We have cited the City's legislation as follows: Meridian, Idaho Code Workbook page 2 Ordinances (Ord. 375, 7-7-1980) • also (Amd. Ord. 375,12-15-1980) • • The above is somewhat confusing. The second citation refers to an ordinance which was adopted a few months after the first, and amends the first one. The second ordinance was given the same number as the first, with the word "Amd." preceding. For record- keeping purposes and less confusion in citations, we suggest the City consider avoiding issuance of the same number to an amending ordinance, and issue the next available number. Resolutions 1955 Code §§ Sterling samples Footnotes (Res. 60, 11-3-1975) (1955 Code § 1-701) (1997 Code) Footnotes are used in the text to provide pertinent supplementary information and cross-references to related provisions in the Idaho Code (I.C.) or other sections, chapters and/or titles within the Code. Definitions Definitions used within each chapter or article have been listed in alphabetical sequence and placed at or near the beginning of each chapter or article, as applicable. Deletion of Certain Material It is our practice not to codify such nonsubstantive sections of the City's ordinances and resolutions as repealer, severability and effective date sections. Repealer, severability and effective date provisions are covered in the Code adoption legislation (Title 1, Chapters 1 through 4, of the Code Workbook). Nomenclature Terminology: Because all items of legislation to be included in the Code will become chapters, sections or subsections, wherever applicable, the term "ordinance" or "resolution" has been changed to the term "chapter", "section" or "subsection". Meridian, Idaho Code Workbook page 3 Officials: Throughout the Code Workbook, reference is made to various officials . and employees of the City. Please pay special attention to the titles and duties of these officials to ensure that they accurately reflect the current personnel and organizational structure of the City. Any necessary changes should be noted directly in the text or in the margin. For example, Chapter 1-8D of this Code Workbook deals with the "City Works Superintendent". At a meeting with the City Clerk and City Attorney on February 6, 1997, it was indicated that there was no such official, since the City has a "Superintendent of Water", a "Superintendent of Sewer" and a "Public Works Director". Either the title of "City Works Superintendent" should be changed in Chapter 1-8D or said Chapter should be omitted. This question is asked on the Chapter 1-8D page. Index A complete cross-referenced index will be prepared after the City's designated changes are incorporated into the draft and prior to publication of the final Code. The index will include references to all legislation included in the Code. Headers At the top of each page of the Code Workbook, there are two sets of numbers. • The number on the left-hand side is a project identifier for Sterling office use only. The number on the right-hand side is the page number. Pages are numbered consecutively within each chapter. OVERVIEW Deletion of Outdated Legislation: As the City officials review this Code Workbook, they need to carefully consider each and every chapter/section, as to current status in the City. It is very possible that some ordinances and/or resolutions are no longer actually being enforced within the City, but no legislation was adopted to officially repeal such earlier legislation. If there are any such provisions in this Code Workbook which should be omitted, please write "Omit" or "Delete" at the top of the chapter and ignore any questions appearing in the chapter; or if sections should be omitted, just cross out such section or sections. The same applies for minor text changes deemed appropriate. Use the margin of the page to clearly show any such changes. See also the 1955 Code Chapters Not Included" booklet. If the City decides to retain any chapters in said booklet, please mark any changes on the pages in the booklet or attach text changes to update such chapters. Fees: Throughout this Code Workbook, we have asked if fee amounts are current and/or correct as stated. This gives the City an opportunity to carefully examine • and consider whether the amounts should be changed at this time, or if amending legislation should be adopted. Meridian, Idaho Code Workbook page 4 Penalties: Most penalty provisions have been modified to omit the specific penalty • amount and term of imprisonment, and reference is made to the "general penalty" in Section 1-4-1 of the new Code. In each instance where we made this change, we cited the appropriate ordinance and 1997 Code" to show that a change was made by Sterling to the text of the City's ordinance. This suggestion was made by Sterling to the City Clerk and City Attorney at our February 6, 1997, meeting, and the Attorney agreed to our making that change at this time. See also our comment at Section 1-4-1 of this Code Workbook. ADDITIONAL SERVICES Sample Legislation Sample legislation adopted by other communities is available for review and comparison purposes. The purpose of sample legislation is to give City officials an opportunity to see what other communities have enacted on certain subject matters and to provide a basis for legislation which the City may wish to adopt. It is important to note that sample legislation is unlikely to meet City requirements without some sort of revision. Please be sure to review samples carefully to ensure that the desired provisions are all applicable in the City and that they accurately reflect City operations, structure and personnel. If there are any subjects of interest to the City for which sample provisions are requested, please list: (i.e., "Records • Retention and Destruction" as authorized by I.C. § 50-907, "Hazardous Waste Transport" as authorized by I.C. 50-310, more current "Animal Control Regulations", etc.) Response: No samples are requested _, Please send samples regarding the following subjects: Booklets If desired, titles or chapters of the Code can be published in booklet form so that extra copies are available to meet public demand. These booklets will be in exactly the same form as the title or chapter appearing in the published Code. If the City is interested in a price quotation for booklets, please indicate the desired titles or chapters below. While there is an extra charge for booklets, the City can resell them to the public in order to recover the extra costs. Please send quotations for the following booklets: • _ No booklet quotations are desired at this time. Meridian, Idaho Code Workbook Page 5 RESPONSES TO QUESTIONS • Each question has been provided an area for the City's responses and decisions. Some questions may require only a checkmark to indicate a simple "yes" or "no" answer. More detailed responses should be legibly written or typed in the space provided. If additional space is necessary, please use the back of the page or attach additional sheets. If the City decides to omit a chapter or section, please cross out such chapter or section, and ignore any questions pertaining to that particular chapter or section. C� J • When the Code Workbook and all answers are received, we shall begin final preparation of the legislation for publication as the Meridian City Code. Please note that where questions are asked and no answer is given, material will remain as stated in the Code Workbook. Meridian, Idaho Code Workbook Page 6 0 \J E ffffff!lfilfff!llffffllfff!!fllRffiillRffifiiiftfffffifff It has been a pleasure preparing the Code Workbook for Meridian. We look forward to receiving the original Code Workbook back with the responses to our questions. A copy of the Workbook, with the City responses, should be retained by the City as a permanent record. If the City has a logo it would like to have placed on the front of the new City Code binders, please send a clear black and white copy of same to Sterling when the Code Workbook is returned. Should the City officials have any questions, please call Sterling at the Weiser Branch Office. Yours truly, STERLING CODIFIERS, INC. Jackie Campbell New Code Division Weiser Branch Office 106 West Main - #203 Weiser, ID 83672 Phone., 2081549-2832 FAX. 208/549-1515 Meridian, Idaho Code Workbook Page 7 1 �� , °� �:'. `- P:. i I: ,f°. a '; � .`, �F. i; I i r" `.. ,�. �� x r �'• Yrs: Y � I L_ 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 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 7 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 • Public Health And Safety Sanitary Service System . . . . . . . . . . . . . . Nuisances . . . . . . . . . . . . . . . . . . . . . Weeds . . . . . . . . . . . . . . . . . . . . . Abandoned Or Inoperable Vehicles Or Personal Property TITLE 5 Fire Regulations Fire Department Open Burning . . . . Clean Air Regulations Fireworks . . . . . TITLE 6 Police Regulations Police Department .. . Animal Control . . . . . Misdemeanors . . . . . . • Minors . . . . . . . . . TITLE 7 Motor Vehicles And Traffic TC (2) 1 2 3 4 1 2 3 4 1 2 3 4 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 Irrigation And Drainage Canals And Ditches . . . . . . . . . 3 Encroachments; Fences . . . . . . . . . . . . . . . . . . . 4 Trees And Shrubbery . . . . . . . . . . . . . . . . . . . . 5 • TITLE 9 Water And Sewer Water Use And Service . . . . . . . . . . Sewer And Water Installations . . . . . . 1 2 ME3 TC (3) • Cross -Connection Control . . . . . . . . . . . . . . . . . . 3 Sewer Use And Service . . . . . . . . . . . . . . . . . . . 4 Sewer Pretreatment . . . . . . . . . . . . . . . . . . . . . 5 TITLE 10 Building Regulations Building Code . . . . . . . . . . . . . . . . . . . . . 1 Plumbing Code . . . . . . . . . . . . . . . . . . . . . . . 2 Electrical Code . . . . . . . . . . . . . . . . . . . . . . 3 Fire Prevention Code . . . . . . . . . . . . . . . . . . . . 4 Flood Damage Prevention . . . . . . . . . . . . . . . . . . 5 TITLE 11 Zoning Regulations Title, Authority, Intent And Purpose . . . . . . . . . . . . 1 Rules And Definitions . . . . . . . . . . . . . . . . . 2 Administration; Penalty And Enforcement . . . . . . . . . . 3 General Provisions . . . . . . . . . . . . . . . . . . . . . 4 Nonconforming Buildings, Structures And Uses . . . . . . . . 5 • Zoning District Map And Districts . . . . . . . . . . . . . 6 Zoning Districts; Establishment And Purpose . . . . . . . . 7 Zoning Schedule Of Use Control . . . . . . . . . . . . . . . 8 Zoning Schedule Of Bulk Coverage Controls . . . . . . . . . 9 Residential Housing Standards . . . . . . . . . . . . . . 10 Floodplain Overlay District (FP) . . . . . . . . . . . . . 11 Performance Standards For District Uses . . . . . . . . . 12 Off -Street Parking And Loading Facilities . . . . . . . . 13 Signs . . . . . . . . . . . . . . . . . . . . . . . . 14 Zoning Amendment Procedures . . . . . . . . . . . . 15 Annexation And Zoning Upon Annexation . . . . . . . . . . 16 Conditional Uses . . . . . . . . . . . . . . . . . . . . . 17 Variances . . . . . . . . . . . . . . . . . . . . . . . . 18 Certificates And Fees . . . . . . . . . . . . . . . . . . 19 Illustrations . . . . . . . . . . . . . . . . . . . . . . 20 Official Zoning Maps . . . . . . . . . . . . . . . . . . . 21 TITLE 12 Subdivision And Development Title, Authority Intent And Purpose . . . . . . . . . . . . 1 Definitions; General Provisions . . . . . . . . . . . . . . 2 Subdivision Approval Procedure . . . . . . . . . . . . . . . 3 • Design Standards . . . . . . . . . . . . . . . . . . . . . . 4 Improvement Standards 5 Planned Development . . . . . . . . . . . . . . . . . . . . 6 Mobile Homes . . . . . . . . . . . . . . . . . . . . . . . . 7 Cemetery Subdivision . . . . . . . . . . . . . . . . . . . . 8 Floodplain Subdivision . . . . . . . . . . . . . . . . . . . 9 ME3 TC (4) • Vacations And Dedications . . . . . . . . . . . . . . . . 10 Variances . . . . . . . . . . . . . . . . . . . . . . . . 11 Illustrations . . . . . . . . . . . . . . . . . . . . . . 12 INDEX • • I• U • 11 ME3 T1 (1) !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 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 deleting provisions for a certain official. Are Articles A through E an accurate listing of the currently appointed City officials? Response: List of Articles is accurate , Omit the following Articles Add the following 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 ignore any questions asked within such article. ME3 • CHAPTER 1 OFFICIAL CITY CODE This Chapter, as well as Chapters 2 and 3 of this Title, have been included in 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. §§ 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) E • • ME3 CHAPTER 2 SAVING CLAUSE 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 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) 0 ME3 1-3 (1) • CHAPTER 3 DEFINITIONS This Chapter has been included by Sterling. 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 year' 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 imposed'. 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 law'. 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. n LJ 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) • 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, Sterling suggests that the above penalty section be referenced in place of specific penalty provisions. At a meeting with the City Clerk and City Attorney on February 6, 1997, the Attorney expressed agreement with this suggestion. Therefore, that change has been made throughout this Code Workbook, unless there is uncertainty about the specific penalty. In that case, we will ask if such penalty provisions should be omitted or retained as is. This change not • only allows for consistency throughout the new Code, but also, when State statute is changed, then only one section of the City Code will need to be amended. 1. I.C. 9 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) E ME3 • 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. S 50-301. 1-5 (1) 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 (13/4") in diameter and the inner circle one and one-fourth inches (1'/4") 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. S 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: C • • ME3 1-5 (2) 1-5-3: OFFICIAL MAP: The Official Map of the City shall be and remain on file in the office of the City Clerk. (1997 Code) 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 quite difficult to reproduce for readability, they are usually not included in city codes. Is it acceptable that such Map be omitted from the new Code? Response: Omit Map and use above text ; Omit above Section and Map ; Omit above Section and use new Map enclosed 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. S 50-601. 1-6 (1) The above subsection was included by Sterling. Does 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, 1:. 9 50-808.. This is another Section added by Sterling. Does the City wish to retain? Response: Retain , Omit u ME3 1-6-3: POWERS AND DUTIES: A. Generally: 1-6 (2) 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 City? 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 (2/3) (one-half, 3/2 plus one) rj 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 parentheses • 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.e 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,iii him by ordinance');, excepting taxation, within one-half (2/2) mile (.one mile) of the corporate limits of the Citv. (and oversuch • The shaded text in parentheses 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 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, (ovdr twenty one (21) ye4ZS of age)% to aid in enforcing the laws. (Ord. 140, 8-30-1965) Pursuant to I.C. S 50-609, the bolded language 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: Subsection I (I.C. 5 50-604) was added by Sterling. Does the City wish to retain said subsection? Response: Retain , Omit J. Other Powers: The Mayor shall have all other powers granted by the laws of the State of Idaho'. (Ord. 140, 8-30-1965) 1. I.C. § 50-602 et seq. ME3 1-7 (1) 0 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; Duties And Term 1-7-7: Rules Of Procedure For Public Hearings !2R! 1-7-1: ELECTION; TERMS OF OFFICE: 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 B3, are the references to specific Councilmembers still necessary? If not, please show in exactly ME3 • what manner the above text should be changed. Response: 1-7-2: QUALIFICATIONS: Statute authority, I.C. 5 50-702.' 1-7 (2) 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. S 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. 5 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: • • ME3 1-7-5: COUNCIL MEETINGS: 1-7 (3) 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) 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 • • • ME3 1-7 (4) Subsection D above has been included by Sterling. Does the City wish to retain said subsection? Response: Retain , Omit 1-7-6: ASSIGNMENT OF DEPARTMENT COMMISSIONERS; DUTIES AND TERM: Statute authority regarding examination of accounts 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 du commissioner to act as a liaison Council and that department, to interests of the City Council to versa, from the department to th deem to be in the best interests City. It shall also be the duty a. To sign purchase orders. ty of each department's officer between the City communicate the desires and that department, and vice e Council, all as they shall of the department and the of each commissioner: 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 (1/2) 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) 11 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: Statute authority, I.C. 5 50-204. A. Specific Appointments: The Mayor, with the consent of the City Council, shall appoint a City Clerk, City Troasurer, City Attorney, City Works Superintendent, Chief of Police, Chief of Fire Department and assistants and City Treasurer. (1955 Code § 1-801) Is the above listing of officials a complete and accurate list • of City officials appointed by the mayor? Should "City Treasurer^ be added to the list? Response: Retain as is (do not add City Treasurer) Add only City Treasurer 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: Statute reference for "Removal of Appointive Officers", I.C. 5 50-206. 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 ME3 1-8 (2) • 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? Response: Such provisions not needed in the new 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: Statute authority, I.C. 9 50-204. 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: Are the Clerk and Treasurer the only two officials for which a bond is required? 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. ME3 1-8 (3) 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 shall be set and fixed by the Mayor and Council and shall be paid monthly. (Ord. 479, 5-5-1987, eff. 1-1-1988) C. Employees: Salaries of City employees shall be as set from time to time by the Mayor and City Council. (1997 Code) 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, Councilman !SETLRM!!SETFNT!!SETTAB! Bill G. Brewer, Councilman of the City is hereby designated to certify the authenticity of the signature of individuals authorized to execute Treasury Form TFS-7578, Request for • Payment on Letter of Credit and Status of Funds Report. (Res. 76, 6-1-1981) Is above Section 1-8-5 necessary in the new Code? If so, suggest omitting specific individuals• names. ME3 1-8 (4) • Response: Omit , Retain as is , Retain and change as marked above or set out below U • 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: APPOINTMENT; TERM OF OFFICE: 1-8A (1) The City Clerk 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 this Section? Response: Retain , Omit 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 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) • E • r1 LJ • ME3 CHAPTER 8 CITY OFFICERS AND EMPLOYEES ARTICLE B. CITY TREASURER Statute authority, I.C. S§ 50-204 and 50-208. SECTION: 1-8B-1: Appointment; Term Of Office 1-8B-2: Duties 1-8B-3: City Warrants !2R! 1-8B (1) 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 ME3 1-8B (2) • account and to what fund the same is credited with the date of disbursement, the person to whom disbursed, on what account and against what fund. 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 some newspaper in the City between the first and third Mondays of May, August, 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? Response: Yes , No , Change 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. ME3 1-8B (3) • H. Make Monthly Report To City Council: The City Treasurer shall at the end of each and every month, and at other times 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. 55 31-2124, 31-2125, 50-1017 and 50-1018. A. Show Fund Drawn Upon And Amounts Appropriated To Such Fund: Each City warrant shall show the fund upon which the same is 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, one 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? Response: 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) ME3 • Is 7% the correct interest rate? Response: Yes , No , Change as follows: • • 1-8B (4) ME3 • CHAPTER 8 • CITY OFFICERS AND EMPLOYEES ARTICLE C. CITY ATTORNEY For statute authority, see I.C. 55 50-204 and 50-208A. SECTION: 1-8C-1: Appointment; Term Of Office 1-8C-2: Duties !2R! 178C-1, PPPOTNTMENT; TERhE°`O ,Ok"F1Cr; The City consent o duration 1-8C (1) Sterling added the above Section. Does the City wish to retain such Section? Response: Retain , Omit 1-8C-2: DUTIES: Please review the following list of duties for accuracy and completeness, and indicate if any changes or deletions are deemed appropriate. It shall be the duty of the City Attorney to: A. Prosecute And Defend Actions: Prosecute and defend in all courts, all actions on behalf of the City on account of official acts. 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) F -I L 0 1-8C (2) ME3 1-8D (1) • CHAPTER 8 CITY OFFICERS AND EMPLOYEES ARTICLE D. CITY WORKS SUPERINTENDENT At the February 6, 1997, meeting between Sterling editor (Jackie Campbell) and the City Clerk and City Attorney, the Clerk said he would determine whether or not the title of this official should be changed. Please mark any changes within this Chapter, as deemed appropriate. Response: SECTION: 1-8D-1: Appointment; Term Of Office 1-8D-2: Duties !2R! Response: Retain , 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 ME3 1-8D (2) • 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. 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: 1-8E (1) The City Health Officer shall be appointed by the Mayor, with the consent of the City Council, and shall ,hold.ofgi ,"P, . h, Sterling added the shaded text to above Section. Does 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 9 1-812) C 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, Meridian 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? Response: Yes , No , Change 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) E ME3 • CHAPTER 10 ELECTIONS SECTION: 1-10-1: Precincts 1-10-2: Conduct Of Elections 1-10-3: Initiative And Referendum !2R! 1-10-1: PRECINCTS: 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) L� Are the precinct boundaries accurately described? Response: Yes , No , Change as follows: 1-10-2: CONDUCT OF ELECTIONS 1-10-3: INITIATIVE AND REFERENDUM':; Sterling has added Sections 1-10-2 and 1-10-3. Does 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 only: E ME3 1-11 (1) • CHAPTER 11 AREA OF CITY IMPACT For statute authority, see I.C. 5 67-6526. 41014vetipkv 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: A. Limitations: Annexation by the City shall those lands lying within the area of impact contiguous to the City limits of the City. be limited to and being 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 40 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) 0 • l J F J ME3 CHAPTER 12 COMPREHENSIVE PLAN SECTION: 1-12-1: Plan Adopted 1-12-2: Amendments To Plan !2R! 1-12-1: PLAN ADOPTED: A. Adoption: The Meridian Comprehensive Plan developed as required and authorized pursuant title 67, chapter 65 is hereby adopted by the Official Comprehensive Plan of the City. processed and to Idaho Code City as the 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 Plan of the City, which wer Meridian Comprehensive Plan 65 are hereby adopted by th is hereby deemed amended as amendments have respective 19, 1985, September 3, 1985 and March 2, 1993. amendments to the Comprehensive e processed pursuant to the and Idaho Code title 67, chapter e City and said Comprehensive Plan provided in said amendments; the dates of April 2, 1984, February , January 3, 1989, July 17, 1992 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 Act'. 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. 1J 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 is 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 • and regulations may be amended from time to provided that any such amendments shall be provisions hereof and the Act. • 1-13 time by the Board, consistent with the 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) 0 lui ME3 T2 (1) • !TITLE! 2 BOARDS AND COMMISSIONS Planning And Zoning Commission . . . . . . . . . . . . . . . 1 Parks And Recreation Commission . . . . . . . . . . . . . . 2 Traffic Safety Commission . . . . . . . . . . . . . . . . . 3 Historical Preservation Commission . . . . . . . . . . . . . 4 • 0 ME3 2-1 (1) • CHAPTER 1 PLANNING AND ZONING COMMISSION For statute authority, see I.C. S 67-6504. SECTION: 2-1-1: Time And Place Of Meetings !2R! 2-1-1: TIME AND PLACE OF MEETINGS': 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 2-2 (1) • CHAPTER 2 PARKS AND RECREATION COMMISSION SECTION: 2-2-1: Establishment; Membership; Terms; Vacancies 2-2-2: Organization; Rules And Regulations 2-2-3: Duties 2-2-4: Meetings 2-2-5: Meridian Parks And Recreation Capital Improvement Fund !2R! 2-2-1: ESTABLISHMENT; MEMBERSHIP; TERMS; VACANCIES: A. Commission Established: There is hereby established a Meridian Parks and Recreation Commission of the City. B. Membership; Compensation: This Commission shall consist of nine (9) members who shall receive no salary. They shall be appointed by the Mayor and confirmed by the City Council, and members may, in like manner, be removed. One member shall be the City Parks and Recreation Commissioner who is a Meridian City Councilman, one member shall be a Trustee of Joint School • District No. 2 Ada And Canyon Counties, one member shall be from Western Ada Recreation District, one member shall be from Meridian Athletic Association, Inc., one member shall be from Cherry Lane Golf Course, one member from the City of Meridian Planning and Zoning Commission, and three (3) additional members shall be appointed by the Mayor and consented to and confirmed by vote of the City Council. All members of the Commission shall be residents of the area of impact of the City of Meridian. C. Terms Of Office: The term of office will be on a rotating basis. The Commission, at the first meeting, shall decide the length each member shall serve in the initial term. One set of three (3) members shall initially serve from the date of confirmation to October 1, 1996. One set of three (3) members shall serve from the date of confirmation to October 1, 1997. One set of three (3) members shall serve from the date of confirmation to October 1, 1998. After the initial term, each Commissioner's term shall be for a term of three (3) years. D. Nomination And Confirmation: The first Commission shall be nominated within twenty one (21) days after the passage of the Ordinance codified in this Chapter. Each Commissioner shall be confirmed within twenty one (21) days after his nomination. • E. Vacancies: Vacancies in the Commission occurring otherwise than by expiration of the term shall be filled by nomination from the Mayor, with the confirmation of the City Council, for the remaining unexpired term. (Ord. 733, 7-10-1996) ME3 2-2 (2) • 2-2-2: ORGANIZATION; RULES AND REGULATIONS: A. Officers: At their first meeting and at the first meeting of each fiscal year, the members of the Parks and Recreation Commission shall meet and organize by electing one of their members president and such other officers as may be necessary. The City Parks and Recreation Superintendent shall be an ex officio member and secretary of the Commission with no vote. B. Rules And Bylaws: The Parks and Recreation Commission shall adopt bylaws, rules and regulations for the proper conduct of the Parks and Recreation Commission in and for the City and the area of impact. The bylaws, rules and regulations are subject to the approval of the Mayor and City Council after enactment by the Commission. (Ord. 733, 7-10-1996) 2-2-3: DUTIES: A. Supervision Of Recreation Areas: The Parks and Recreation Commission shall advise the Council on the conduct of, operation of, and the supervision of, public parks and public playgrounds, athletic fields, recreational facilities and other recreation activities on any of the properties owned or controlled by the City, or on other properties in the area of • impact upon which recreational activities are conducted with the consent of the owners and occupants thereof. The commission shall, within sixty (60) days after the Ordinance codified in this Chapter is passed and during the month of May of each year thereafter, submit to the City Council an advisory proposed recreation program and budget for the next fiscal year, which shall be only advisory and in no way binding. B. Reports: The Parks and Recreation Commission shall make full and complete monthly and annual reports to the Mayor and City Council, and other reports from time to time as requested by the Mayor and City Council. C. Advisory Status: The Parks and Recreation Commission shall not be deemed to be other than an advisory committee to advise the Mayor and City Council. (Ord. 733, 7-10-1996) 2-2-4: MEETINGS: The Commission shall meet regularly each month at a time and place determined by the Commission. All meetings shall be open to the public and the first meeting notice shall be publicized. Regular meetings thereafter shall not be • publicized since they will be regular meetings. The Commission shall allow and promote public participation in the decisions of the Commission. (Ord. 733, 7-10-1996) 2-2-5: MERIDIAN PARKS AND RECREATION CAPITAL IMPROVEMENT FUND: ME3 2-2 (3) • A. Fund Established: There is hereby established with the City a capital improvement fund which shall be known and cited as the Meridian Parks and Recreation Capital Improvement Fund. The levy or appropriation to such Fund shall not exceed in the aggregate, in any one year, more than six -hundredths of one percent (.06%) of the market value for assessment purposes on all taxable property within the limits of the City in that year. The total amount of such Fund shall never exceed in the aggregate six -hundredths of one percent (.06%) of the market value for assessment purposes of the City. The Fund shall not be subject to the provisions of Idaho Code section 50-1014, which provides that the City Council may transfer an unexpended balance in one fund to the credit of another fund. B. Purposes For Use Of Fund: The purposes for which the Meridian Parks and Recreation Capital Improvement Fund may be used are as follows: 1. The acquisition of land for public parks and/or recreational facilities. 2. The construction of public facilities for parks and/or recreational activities. 3. The improvement of Meridian public parks and recreational • facilities. C. Expenditure Of Funds: None of such funds shall be expended unless specifically appropriated by the City Council pursuant to Idaho Code sections 50-1001 through 50-1003, both inclusive. (Ord. 733, 7-10-1996) i ME3 . CHAPTER 3 TRAFFIC SAFETY COMMISSION is this Commission currently active within the City? Response: Yes, retain Chapter as is or as marked with changes ; No, omit Chapter SECTION: 2-3-1: Creation 2-3-2: Membership and Terms of Office 2-3-3: Vacancies 2-3-4: Organization 2-3-5: Meetings 2-3-6: Duties 12R! 2-3-1: CREATION: 2-3 (1) There is hereby created and established a commission to be known as the Meridian Traffic Safety Commission. (Ord. 208, • 6-7-1971) 2-3-2: MEMBERSHIP AND TERMS OF OFFICE: A. Appointment; Terms: The Traffic Safety Commission shall consist of eight (8) members to be appointed by the Mayor with the consent and approval of the Council. Members of said Commission shall hold office for a period of six (6) years each and said terms shall be staggered in such a manner so that the terms of not more than three (3) members shall expire in any one year. Two (2) of such members shall hold office for a term of two (2) years, three (3) for four (4) years and three (3) for six (6) years, the respective terms of office to be determined by lot at the first meeting of the Commission. Thereafter, the term of office for each appointive member shall be six (6) years. B. Membership: Members shall be selected so that there shall always remain in the Commission one school administrator, one public works director, one City judge, one County commissioner, one Chief of Police, one City Attorney and two (2) local citizens and shall serve without compensation. (Ord. 208, 6-7-1971) 0 2-3-3: VACANCIES: Vacancies shall be filled by appointment of the Mayor, with the consent of the Council. (Ord. 208, 6-7-1971) ME3 • 2-3-4: ORGANIZATION: 2-3 (2) The Commission shall elect its own chairman and secretary, and create and fill such other offices as it may determine necessary, and adopt such rules as it shall deem necessary to carry out its purposes. (Ord. 208, 6-7-1971) 2-3-5: MEETINGS: A. Times For Meetings: The Commission shall hold one regular meeting each month for not less than nine (9) months in each year. B. Quorum: A majority of the appointive members of the Commission shall be necessary to constitute a quorum at any meeting. C. Open To Public: All meetings shall be open to the public. D. Records Kept: A written record of its meetings, resolutions, findings and determinations shall be kept, which shall be a public record. E. Require Attendance: The Commission may require the • attendance at any meeting of such other City officials as it may deem necessary. (Ord. 208, 6-7-1971) 2-3-6: DUTIES: It shall be the duty of the Commission: A. To recommend and make suggestions to the Council for the adoption of plans for traffic safety as recommended by the National Safety Council Study of 1968. Is the 1968 Study referenced above the one currently in use? Response: Yes , No , Change as follows: B. To coordinate all Meridian City Traffic Safety Plans into the State of Idaho Plan. C. To make suggestions for projects designed to increase safety in pedestrian and school traffic in the City and to • generally recommend to the Council plans to improve traffic safety in the entire City. (Ord. 208, 6-7-1971) ME3 • CHAPTER 4 HISTORIC PRESERVATION COMMISSION For statute authority, see I.C. S 67-4601 et seq. SECTION: 2-4-1: Purpose 2-4-2: Definitions 2-4-3: Commission Created; Qualifications; Terms 2-4-4: Organization, Officers, Rules, Meetings 2-4-5: Powers, Duties And Responsibilities 2-4-6: Special Restrictions !2R! 2-4-1: PURPOSE: 2-4 (1) The purpose of this Chapter is to promote the educational, cultural, economic and general welfare of the public of the City through the identification, evaluation, designation, and protection of those buildings, sites, areas, structures, and objects which reflect significant elements of the City's, the State's and the nation's historic, architectural, • archaeological, and cultural heritage. (Ord. 471, 11-3-1986) 2-4-2: DEFINITIONS: The following words and phrases when used in this Chapter shall have, unless the context clearly indicates otherwise, the following meanings: !DEF! CITY: The City of Meridian. COMMISSION: The Historical Preservation Commission of the City of Meridian. HISTORIC PRESERVATION: The research, documentation, protection, restoration and rehabilitation of buildings, structures, objects, districts, areas, and sites significant in the history, architecture, archaeology or culture of this State, its communities or the nation. HISTORIC PROPERTY: Any building, structure, area or site that is significant in the history, architecture, archaeology or culture of this community, the State, or the nation. (Ord. 471, 11-3-1986) !DEFEND! • 2-4-3: HII$TORIC -PRESERVATION COMMISSION: A. Creation; Appointment: There is hereby created a Historic Preservation Commission which shall consist of five (5) members who shall be appointed by the Mayor with the advice ME3 • and consent of the Council. 2-4 (2) B. Qualifications: All members of the Commission shall have a demonstrated interest, competence, or knowledge in history or historic preservation. The Council shall endeavor to appoint at least two (2) members with professional training or experience in the disciplines of architecture, history, architectural history, urban planning, archaeology, engineering, law, or other historic preservation related disciplines. C. Terms: Initial appointments to the Commission shall be made as follows: one one-year term; two (2) 2 -year terms; two (2) 3 -year terms. All subsequent appointments shall be made for three (3) year terms. Commission members may be reappointed to serve additional terms. Vacancies shall be filled in the same manner as original appointments and the appointee shall serve for the remainder of the unexpired term. D. Reimbursement For Expenses: The members of the Commission may be reimbursed by the City for expenses incurred in connection with their duties. (Ord. 471, 11-3-1986) • 2-4-4: ORGANIZATION, OFFICERS, RULES, MEETINGS: A. Rules Of Procedure: The Commission shall have the power to make whatever rules are necessary for the execution of its duties as set forth in this Chapter. Rules of procedure and bylaws adopted by the Commission shall be available for public inspection. B. Officers: The Commission shall elect officers from among the Commission members. The chairman shall preside at meetings of the Commission. The vice chairman shall, in the absence of the chairman, perform the duties of the chairman. C. Meetings: All meetings of the Commission shall be open tc the public, and follow the requirements of Idaho's open meeting laws. The Commission shall keep minutes and other appropriate written records of its resolutions, proceedings, and actions. D. Recommendations To Council: The Commission may recommend to the Council, within the limits of its funding, the employment of or the contracting with other parties for the services of technical experts or other persons as it seems necessary to carry on the functions of the Commission. (Ord. 471, 11-3-1986) • 2-4-5: POWERS, DUTIES AND RESPONSIBILITIES: The Commission shall be advisory to the Council and shall be authorized to: ME3 2-4 (3) • A. Conduct a survey of local historic properties. B. Recommend the acquisition of fee and lesser interests in historic properties, including adjacent or associated lands, by purchase, bequests, or donation. C. Recommend methods and procedures necessary to preserve, restore, maintain and operate historic properties under the ownership or control of the City. D. Recommend the lease, sale, other transfer or disposition of historic properties subject to rights of public access and other covenants and in a manner that will preserve the property. E. Contract, with the approval of the Council, with the State or Federal government, or any agency of either, or with any other organization. F. Cooperate with the Federal, State and local governments in the pursuance of the objectives of historic preservation. G. Make recommendations in the planning processes undertaken by the County, the State, or the Federal government and the agencies of these entities. • H. Recommend ordinances and otherwise provide information for the purposes of historic preservation in the City. I. Promote and conduct an educational and interpretive program on historic preservation and historic properties in the City. J. Commission members, employees or agents of the Commission may enter private property, buildings, or structures in the performance of its official duties only with the express consent of the owner or occupant thereof. K. Review nominations of properties to the National Register of Historic Places for properties within the City's jurisdiction. (Ord. 471, 11-3-1986) 2-4-6: SPECIAL RESTRICTIONS: Under the provisions of Idaho Code section 67-4612, the City may provide by ordinances, special conditions or restrictions for the protection, enhancement and preservation of historic properties. (Ord. 471 11-3-1986) 40 0 P 11 C • ME3 !TITLE! 3 BUSINESS AND LICENSE REGULATIONS General Licensing Provisions . . . . Beer, Wine And Liquor . . . . . . . Amusements . . . . . . . . . . . . . Peddler And Solicitors . . . . . . . Pawnbrokers . . . . . . . . . . . . Massagists And Massage Establishments Escort And Escort Bureaus . . . . . Private Security Services . . . . . Precious Metal Dealers . . . . . . . Adult Businesses . . . . . . . . . . Mobile Home Parks . . . . . . . . . Due to the age of the legislation, we have new Code the following chapters contained T3 (1) 1 2 3 4 5 6 7 8 9 10 11 not included in the in the 1955 City Code. If the City does, in fact, still enforce any of the chapters or provisions, so indicate by checking the "Retain" blank line. Chapter Title & Number omit Retain Punchboards, Chance Spindles And Chance Prize Games (3-3) Advertising And Billposting (3-4) Hotels (3-6) Hotels (3-7) Motion Picture Houses (3-8) Amusements (3-9) (New Chapter 3-3, "Amusements", included by Sterling in place of this Chapter.) Pool Halls (3-11) (New Chapter 3-3, "Amusements", included by Sterling in place of this Chapter.) Flammable Liquids (3-12) Self -Service Stations (3-17) If any of the above chapters should be retained, we will include them in this Title 3. Also keep in mind that if any of such chapters are retained, the City needs to review all the provisions of same for accuracy and current practices of the City, as one of the goals in recodifying is the omission of obsolete legislation and the inclusion of up-to-date, enforceable provisions. If the City has re -written text for any the above chapters, or any additional business regulations, please include same with the Code Workbook when the Workbook is returned to Sterling for final changes before publication. Are any such re -written chapters included? If so, please list them below: ME3 • Response: 11 E T3 (2) Remember that sample provisions are available upon request. The following samples are requested? Response: None requested , Send samples regarding the following subjects: ME3 3-1 (1) • CHAPTER 1 GENERAL LICENSING PROVISIONS For statute authority, see I.C. 5 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. 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 is 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 meaning 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, penalty as provided in Section 1-4-1 of this Code. (Ord. 744, 9-17-1996; 1997 Code) ME3 3-1 (4) • The following two sections are sample provisions for the City's consideration for possible addition to this Chapter. 11 • 3-1-8: REVOCATION; HEAKING:: 5. 'Refusal to permit an inspeCtivn or investigatipxi'or any, • • ME3 3-1 (5) 3-1-9. APPEAL PROCEDURE 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 3-2 (1) • CHAPTER 2 BEER, WINE AND LIQUOR SECTION: 3-2-1: Adoption Of Beer, Wine And Liquor Laws 3-2-2: Liquor By The Drink 3-2-3: Wine 3-2-4: Beer 3-2-5: Election Day Sales 3-2-6: Penalty !2R! 3-2-1: ADOPTION OF BEER, WINE AND LIQUOR LAWS: A. Adoption Of State Law: There is hereby adopted for the purpose of governing the licensing, sale and use of alcoholic beverages within the City, the laws of the State, being particularly Idaho Code title 23, as presently in effect or as may be hereafter amended by the legislature of the State and or by the City Council of the City, as may be contained in that certain volume "Idaho Liquor and Beer Laws" revised through acts of the legislature, published by authority of the Department of Law Enforcement, Liquor Law Division, as the • same may be revised by the legislature or by the City Council of the City. The same are hereby adopted and incorporated herein as an ordinance of the City as fully as though set forth in full herein. B. Copies On File: Three (3) copies of the Idaho Liquor and Beer Laws, together with all amendments thereto, shall be kept on file in the office of the City Clerk for use and examination of and by the public. (Ord. 684, 12-20-1994) 3-2-2: LIQUOR BY THE DRINK: A. License Required: It shall be lawful to sell liquor by the drink within the City, as provided in Idaho Code chapter 9, title 23, provided a license shall first be obtained from the City for the sale of liquor by the drink. B. Application For License; Fee: An applicant for a liquor by the drink license shall make application to the City Clerk, pay the license fee of seventy five percent (75%) of the amount of the license fee collected by the Director of the Department of Law Enforcement of the State pursuant to the provisions of Idaho Code chapter 9, title 23. If the license fee is paid prior to July 1, the fee shall be prorated, but if • the license fee is paid after July 1, the fee shall not be prorated and shall be one-half (1/z) of the annual license fee. C. Investigation Of Applicant: The application shall be submitted to the Chief of Police for investigation and report to the Mayor and City Council; the application must be ME3 3-2 (2) • approved by the Mayor and City Council. D. License Transfer; Fee: Licenses may be transferred under the provisions of Idaho Code chapter 9, title 23, provided the transferee meets the requirements of a licensee, has paid a transfer fee of fifty dollars ($50.00) and the Mayor and City Council have approved of the transfer of the license. (Ord. 684, 12-20-1994) 3-2-3: WINE: A. License Required: It shall be lawful to sell wine within the City, as provided in Idaho Code chapter 13, title 23, provided a license shall first be obtained from the City for the sale of wine. B. Application For License; Fee: An applicant for a wine license shall make application to the City Clerk, pay the license fee of two hundred dollars ($200.00); if the license fee is paid prior to July 1, the fee shall be prorated, but if the license fee is paid after July 1, the fee shall not be prorated and shall be one-half (1/2) of the annual license fee. C. Investigation Of Applicant: The application shall be • submitted to the Chief of Police for investigation and report to the Mayor and City Council; the application must be approved by the Mayor and City Council. D. License Transfer; Fee: Licenses may be transferred under the provisions of Idaho Code chapter 13, title 23, provided the transferee meets the requirements of a licensee, has paid a transfer fee of fifty dollars ($50.00) and the Mayor and City Council have approved of the transfer of the license. E. Exception To License Requirement: Any establishment, lounge, or bar, that has a liquor by the drink license, need not also have a wine license to sell wine by the drink or by the bottle, for consumption on the licensed premises. (Ord. 684, 12-20-1994) 3-2-4: BEER: A. License Required: It shall be lawful to sell the City, as provided in Idaho Code chapter 10, provided a license shall first be obtained from the sale of beer. beer within title 23, the City for B. Application For License; Fee: An applicant for a beer • license shall make application to the City Clerk, pay the license fee of two hundred dollars ($200.00); if the license fee is paid prior to July 1, the fee shall be prorated, but if the license fee is paid after July 1, the fee shall not be prorated and shall be one-half (1/2) of the annual license fee. ME3 3-2 (3) . C. Investigation Of Applicant: The application shall be submitted to the Chief of Police for investigation and report to the Mayor and City Council; the application must be approved by the Mayor and City Council. D. Transfer Of License; Fee: Licenses may be transferred under the provisions of Idaho Code chapter 10, title 23, provided the transferee meets the requirements of a licensee, has paid a transfer fee of fifty dollars ($50.00) and the Mayor and City Council have approved of the transfer of the license. (Ord. 684, 12-20-1994) 3-2-5: ELECTION DAY SALES: The City shall follow the State laws for the sale of liquor by the drink, wine and beer on election days and liquor by the drink, wine and beer, may be sold on and during City elections. (Ord. 684, 12-20-1994) 3-2-6: PENALTY: Any person found to be violating any of the provisions of this Chapter shall be guilty of a misdemeanor or such provision or penalty contained in Idaho Code title 23, as applicable, whichever may be more of a penalty. (Ord. 684, 12-20-1994) • ME3- (31 � ,.. CHAPTER 3 AMUSEMENTS For statute authority, see I.C.98-30$. Sterling has included this *4002*' a _ following two Chapters of the 19#3%1 legislation: Chapter 9, Title 3, wAsusesrnts* Chapter 11, Title 3, "Pool *alis• The City needs to darefully alb`:Irll Chapter sample for apgii'oabilip'ii :s especially regarding license i° *ad; ham` the City wish to retain this chapter? Responses Retain Chapter as is _ Retain chapter with Changes and/or missions as nask*d below O tk' Chav"r altogether (Wit and ina "t *V*�► ars 1 follows, (indicsate whish °-El61C-77 i t " „ChYi►p`all.4#ilCj a SECTION: is 3-3-1: License Required 3-3-2: Application For License -1 3-3-3: License Fees " z d 3-3-4: Hours Of Operation l xj > v 3-3-1: LICENSE REQUIRED: No person shall operate or maintain any public;pool.;or billiard tables, bowling alley o' other pun, -a9 , s t. k - nor shall any person operat0 or �r � pStl�#all:, foosball, air hockey,electronic 8m►ai ham, [aim " machines or other similar 'cmin-o 't3r2►tsids �'siaae�t �:: any building without .having a liner 3-3-2e APPLICATION FOR LICENSE: Application for such license sha�v4ta 9 Ali `asi'`t� ► amusement devices to be used and thn th jj4bf, the: of the owner of such tables: and! r amnindat location of the buildirig,ssst�s. amusement devices axe:. to be kept, err aise:. {l a ME3 i •" 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 establisshment.i 2zctta fee:+ t**"-y- dollars ($25.00). Is fee correct? Responses Yes r No . chama as fo lower a f B. Vendors: Thevendors supl *y 'tla t �t tables shall be charged a fee of�o" **M*P'Axiie *, ($100.00) , and shad provide thei City with,:* listiof equipment they have rented or leased and its location on May " 31 and November 30 ofeachyear. (1997Code) i■ fee correct? Respoinses Yea . Ko 3-3-4: HOURS OF OPERATION: No person holding a license fore t Oft 4C b 061,�►)�qr billiard tables; or amusement-dert�ss i 321 •, Chapter shall remain open for th otherwise a eratin saidool amusement devices on anyday between the hours tt oss o0clook (1200) A.M. and eight o'c=lock M300) &4A.: (1497 Code) Are the hours accurately stated? Responses Yes ice" ." t i i ME3 3-4 (1) • CHAPTER 4 PEDDLERS AND SOLICITORS For definition of "home solicitation sale", see I.C. § 28-43-401. Note that we have not included in the new Code, Chapter 14, Title 3, "Itinerant merchants" of the 1955 City Code. Is this acceptable? Response: Yes, omit old Chapter 14 ; No, include Chapter 14 as marked with changes (enclosed) ; Send sample to update SECTION: 3-4-1: Jurisdiction 3-4-2: Definitions 3-4-3: Licenses Required 3-4-4: License Fees 3-4-5: Reports 3-4-6: Procedures For Taking Orders 3-4-7: Appeals • 3-4-8: Penalty !2R! 3-4-1: JURISDICTION: The following provisions shall apply to peddlers and solicitors operating or doing business within the incorporated areas of the City. (Ord. 517, 10-17-1989) 3-4-2: DEFINITIONS: !DEF! PEDDLER: Any person who sells or offers for sale any commodity or article, traveling from place to place in the City, or who sells or offers for sale going from place to place in the City any commodity or article, and who carries such commodity or article with him for delivery at the time of sale. Excepting from this definition is any person who would be defined as a peddler but for the fact they have been invited to the premises or place by the owner or occupant of the premises or place. SOLICITOR: Any person who goes from house to house or from place to place within the County, taking orders for, or offering to take orders for, goods, wares or merchandise, or • any article for future delivery, or for services to be performed in the future, or for the making, manufacturing or repairing of any article or thing whatsoever for future delivery. Excepted from this definition is any person who would be defined as a solicitor but for the fact they have been invited to the premises or place by the owner or occupant ME3 3-4 (2) • of the premises or place. (Ord. 517, 10-17-1989) !DEFEND! n U 3-4-3: LICENSES REQUIRED: A. Peddlers: 1. License Required: It shall be unlawful for any person to act as a peddler within the meaning and application of this Chapter, without first securing a license to do so from the City Clerk. 2. Application For License: Any person desiring a license to act as a peddler within the City shall make application therefor to the Clerk on forms to be provided by the Clerk, stating the name and address of the applicant, the name and address of the firm which he represents, if any, and the kind of goods offered for sale and which application shall require the applicant to state under oath and upon penalty of perjury as prescribed by Idaho Code section 18-5409, that he has read the Idaho Consumer Protection Act, title 48, chapter 6, and the Home Solicitation Sales Provisions of Idaho Code sections 28-32-501 and 28-32-502, that he has not in the past, does not presently, and will not in the future violate any of the provisions thereof, specifically including Idaho Code section 48-603, and that he will specifically comply with the requirements of Idaho Code section 48-603A, Unfair Solicitation Practices. Note that I.C. 5§ 28-32-501 and 28-32-502 were repealed by S.L. 1983 ch. 119. Please provide appropriate text change for subsection A2 above, as well as subsection B2 below. Response: B. Solicitors: 1. License Required: It shall be unlawful for any person to act as a solicitor within the meaning and application of this Chapter, without first securing a license to do so from the City Clerk. 2. Application For License: Any person desiring a license to act as a solicitor within the City shall make application therefor to the Clerk on forms to be provided by the Clerk, stating the name and address of the applicant, the name and address of the firm which he represents, and the kind of goods offered for sale, or the kind of services to be performed and which application shall require the applicant to state under oath and upon penalty of perjury as prescribed by Idaho Code section 18-5409, that he has read the Idaho Consumer Protection Act, title 48, chapter 6 and the Home Solicitation ME3 3-4 (3) • Sales Provisions of Idaho Code sections 28-32-501 and 28-32-502, that he has not in the past, does not presently and will not in the future violate any of the provisions thereof, specifically including Idaho Code section 48-603, and that he will specifically comply with the requirements of Idaho Code section 48-603A, Unfair Solicitation Practices. Such application shall be accompanied by a bond in the penal sum of ten thousand dollars ($10,000.00), executed by a surety company authorized to do business in Idaho, or in lieu thereof, a cash bond of equal amount, conditioned upon the making of final delivery of the goods ordered or services to be performed, in accordance with the terms of such order, or failing therein, that the advance payment on such order be refunded. Any person aggrieved by the action of such solicitor shall have a right of action on the bond for the recovery of money or damages or both. Such bond shall remain in full force and effect, and in case of cash deposit, such deposit shall be retained by the City for a period of ninety (90) days after the expiration of the license, unless sooner released by order of the City Council. C Individual Licenses; Bond; Exception: Each individual peddler or solicitor shall be required to obtain a license, and in the case of a solicitor, furnish the bond, and a corporate license or partnership license shall not be • required. (Ord. 517, 10-17-1989) 3-4-4: LICENSE FEES: A. Peddlers: Peddlers shall pay a license fee of: $25.00 per month or fractional part thereof 65.00 for 3 months B. Solicitors: Solicitors shall pay a license fee of: $25.00 monthly 65.00 quarterly (Ord. 517, 10-17-1989) Are the above fees current? Response: Yes , No , Change as follows: . 3-4-5: REPORTS: A. Maintain Log: Every peddler and solicitor shall maintain a log of each and every place, business, residence or building where he has, in the case of a peddler, offered to sell any merchandise or service, or in the case of a solicitor, ME3 3-4 (4) • solicited any order. Such log shall state the name of the peddler or solicitor, the name of the person spoken to at the place or premises, the address, the date and time of the offer of sale or solicitation, and whether a sale was made or an order taken and the amount involved in the transaction. B. Maintain Receipt Book: The peddler or solicitor shall also maintain a receipt book for all transactions which shall be available for inspection by the City Clerk upon demand. C. Deliver Copy Of Log To Clerk: The peddler or solicitor shall deliver a true and correct copy of the log to the City Clerk on the monthly anniversary of the issuance of the peddler's or solicitor's license. D. Failure To Maintain Log; Terminate License: Failure to maintain the log or deliver a copy thereof to the City Clerk or failure to maintain a receipt book shall be grounds to terminate the license immediately by the City Clerk. To re -obtain a license, the fees therefor shall again be paid prior to re -issuance of a license. (Ord. 517, 10-17-1989) 3-4-6: PROCEDURES FOR TAKING ORDERS: • All orders taken by licensed solicitors shall be in writing, in duplicate, stating the terms thereof, and the amount paid in advance, and one copy shall be given to the purchaser at the time of the taking of the order. (Ord. 517, 10-17-1989) 3-4-7: APPEALS: Any person denied a license or whose license has been revoked by the City Clerk may appeal to the City Council by submitting a written appeal to the City Clerk within ten (10) days after the action of denial or revocation of the license. The City Council shall hear the appeal within thirty one (31) days of the filing of the appeal. (Ord. 517, 10-17-1989) 3-4-8: PENALTY: Any person who violates any of the provisions of this Chapter shall be guilty of a misdemeanor and subject to penalty as provided in Section 1-4-1 of this Code. Additionally, any applicant for a license having signed the application under oath upon penalty of perjury may be prosecuted under the laws of the State of Idaho pertaining to perjury if any portion of the application is found to be untrue, or it the applicant has • been found to have violated the Idaho Consumer Protection Act or the Home Solicitation Sales Provisions and has stated that he would not so violate those laws. (Ord. 517, 10-17-1989; 1997 Code) ME3 • CHAPTER 5 PAWNBROKERS Statute authority, I.C. 5 50-307. SECTION: 3-5--1: Definition, Pawnbroker 3-5--2: Application Of Chapter 3-5--3: License Required; Application And Procedure 3-5--4: License Fee 3-5--5: Records 3-5--6: Minors And Intoxicated Persons 3-5--7: Sales 3-5--8: Forfeitures 3-5--9: Hours Of Operation 3-5-10: Report To Chief Of Police 3-5-11: Notice From Police Department 3-5-12: Stolen Property; Return To True Owner 3-5-13: Appeal From Denial Of License 3-5-14: Revocation Or Suspension Of License 3-5-15: Prohibited Acts 3-5-16: Penalty !2R! • 3-5-1: DEFINITION, PAWNBROKER: 3-5 (1) Every person, firm, partnership, association or corporation who makes it a business or conducts or operates a business, tc take or receive, by way of pledge, pawn, exchange or hypothecation, any goods, wares or merchandise, or any kind of personal property whatever, as security for the repayment of money lent thereon, including the payment of interest on the money lent, or who makes it a business of receiving or purchasing personal property or other valuables for the purpose of selling the same back again at a stipulated price; or makes it a business of lending money secured by a chattel mortgage, UCC financing statement or personal property while keeping possession of the item of property placed as security; for all intents and purposes under this Chapter is hereby defined as a "pawnbroker" and shall be governed by the terms of this Chapter. (Ord. 463, 3-3-1986) For clarification purposes, suggest replacing "UCC" with "Uniform Commerce Code". Does the City agree? Response: Yes , No , Change as follows: 3-5-2: APPLICATION OF CHAPTER: This Chapter shall be applicable to the principals of any ME3 3-5 (2) • entity performing any activity regulated by this Chapter and to their agents and employees. Every pawnbroker regulated hereunder shall be liable for all the penalties provided herein for violation of any provision of this Chapter, whether such violation be committed by himself or his agent, clerk or employee. (Ord. 463, 3-3-1986) 3-5-3: LICENSE REQUIRED; APPLICATION AND PROCEDURE: A. License Required: It shall be unlawful for any person to engage in the business of a pawnbroker unless a valid license therefor has been issued as herein provided and said license is in full force and effect. B. Application For License: An application for such license shall be made to the City Clerk in such form and manner as the City Clerk may prescribe. Such application shall include, but not necessarily be limited to the following information: 1. The name and address of the application, and if a partnership, the names and addresses of each partner, and if a corporation or association, the names and addresses of the principal stockholders, and the name and residence of the operating manager of the business. 2. Whether the applicant has had a similar license revoked by the City or any other City in this State or of the United States or any state of the United States within the past five (5) years. 3. Whether the applicant or any principal or partner has been convicted of any felony or misdemeanor, other than minor traffic violations, the nature of the offense, and the date, and the punishment or penalty assessed therefor. 4. The name and address of each employee of the business and whether that employee has been convicted of any felony or misdemeanors, other than minor traffic violations, the nature of the offense, and the date, and the punishment or penalty assessed therefor; that upon change of employees, the above information shall be forwarded to the City Clerk ten (10) days after the hiring of a new employee. C. Investigation Of Applicant Or Employee: Upon receipt of any application for a license, the City Clerk shall cause an investigation to be made of the applicant. Also, upon receipt of the name of a new employee, the City Clerk shall cause an investigation to be made of the employee. Such investigation shall be completed within thirty (30) days. D. License Issuance Restricted: No person or entity shall be issued a license to engage in the business of a pawnbroker when that pawn: 1. Is under the age of eighteen (18) years; ME3 3-5 (3) • 2. Is not a bona fide owner of such business; 3. Has had a similar license revoked by this City or any other city of this State or of the United States within five (5) years immediately preceding the date of the filing of the application; 4. Has been convicted of any felony, or has been convicted of any other crime, whether felony or misdemeanor, involving moral turpitude within the five (5) years immediately preceding the date of the filing of the application; 5. Has misrepresented or made a false or fraudulent statement of material or relevant facts contained in the application; or 6. Has engaged in a fraudulent transaction or enterprise. E. Qualifications: An affirmative showing with respect to the qualifications herein specified shall be required to be made with respect to each applicant, and to each partner of a partnership applicant and to each officer, director or member of the governing board of a corporation or association and with regard to each employee. F. License Issuance, Term: Upon completion of the • investigation, the City Clerk shall issue, subject to City Council approval, and approval of the Chief of Police, and upon payment of the prescribed license fee, a license which shall expire at the end of the calendar year, unless sooner revoked or surrendered. G. Notification Of License Denial; Hearing: The City Clerk shall notify the applicant if his license is disapproved, the reasons therefor and advise him of the appeal procedure. H. License Nontransferable: Licenses shall not be transferable, either as to person or place. I. Posting Of License: The license issued hereunder shall be posted conspicuously in each place of business named therein. (Ord. 463, 3-3-1986) 3-5-4: LICENSE FEE: The City Clerk shall collect, before the issuance of any license or renewal thereof, an annual license fee of one hundred dollars ($100.00). (Ord. 463, 3-3-1986) Is the fee current? 41 Response: Yes , No , Change as follows: ME3 • 3-5-5: RECORDS: 3-5 (4) A. Records Open To Inspection; Information Required: Every pawnbroker shall keep a record of every article pledged with him, or sold to him or received by him, and this record shall be open to the inspection of any police officer at any time during the hours of the pawnbroker's business. Such record shall be upon the form as may be required by the Chief of Police and shall provide the following information: 1. Name of pawnbroker. 2. Name, address, date of birth, sex, height, weight and social security number of pledgor or seller. 3. The date of the transaction, the article pledged or sold together with its description, including the make, model number, serial number, or if such number does not exist, such other type of identification such as color, size, identifying marks, as well as the amount of the loan. An individual copy of such record shall be made for each article pawned. 4. The pledgor or seller's motor vehicle operator's license number or Idaho I.D. or military I.D. and the state of issue. • 5. Signatures by both pawnbroker and pledgor or seller. 6. All forms must be filled out in legible manner, and shall be filled out by the broker or his agent (employee). 7. Every record shall be executed by the pawnbroker and the pledgor or seller at the time the transaction occurs. The pawnbroker shall compare the signature upon the transaction record with the signature on the seller's identification. B. Reports In Triplicate: All pawnbrokers' reports shall be made in triplicate, one to be retained by the pawnbroker and two (2) copies to be available to the Police Department upon request. The record required to be maintained shall be retained for a period of one year after the date of the transaction. (Ord. 463, 3-3-1986) 3-5-6: MINORS AND INTOXICATED PERSONS: No pawnbroker shall: A. Minors: Buy items of value from or loan money on property to any person under eighteen (18) years of age. This provision shall not prevent sales to any person regardless of age. • B. Intoxicated Persons: Have any business dealings as a pawnbroker with a person who is under the influence of alcoholic beverages or drugs such that impairs his business judgment. (Ord. 463, 3-3-1986) ME3 • 3-5-7: SALES: 3-5 (5) No personal property purchased by a pawnbroker at his place of business shall be sold or removed from such place of business for a period of at least seven (7) days after being so purchased without written consent of the Chief of Police. Excluded from this restriction are transactions in gold and silver bullion or coins. (Ord. 463, 3-3-1986) 3-5-8: FORFEITURES: Every pawnbroker shall allow a period of thirty (30) days for a pledgor to repay the loan before the property pledged shall become forfeitable. Upon payment by the pledgor of the service charge incurred in connection with the loan for the first thirty (30) days, the pawnbroker shall automatically extend the loan repayment period another thirty (30) days. (Ord. 463, 3-3-1986) 3-5-9: HOURS OF OPERATION: Legal hours for pawnbrokers, as herein defined, may be between the hours of seven o'clock (7:00) A.M. and ten o'clock (10:00) • P.M. each day, unless special permission is obtained from the Chief of Police. (Ord. 463, 3-3-1986) Are hours correctly stated? Response: Yes , No , Change as follows: 3-5-10: REPORTS TO CHIEF OF POLICE: The Chief of Police or other officers of the Police Department may, at their discretion, require a written report of said business transactions, and during the business hours of every day may conduct a personal examination of any articles pledged or sold or inspect the books or records of such pawnbroker showing the articles or things purchased or pawned. (Ord. 463, 3-3-1986) 3-5-11: NOTICE FROM POLICE DEPARTMENT: Whenever the Chief of Police or any member of the Police • Department shall notify any pawnbroker in writing not to sell any property deposited or purchased by him or permit the same to be redeemed, such property shall not be sold or permitted to be redeemed for a period of sixty (60) days from the date of such notice, but such notice may be renewed by written request for an additional 60 -day period or periods. Further, a ME3 3-5 (6) • notice may be terminated at any time in writing by the Chief of Police. (Ord. 463, 3-3-1986) 3-5-12: STOLEN PROPERTY; RETURN TO TRUE OWNER: A. Return Of Stolen Property: Any article pledged or sold to a pawnbroker which is subsequently determined by a law enforcement agency to have been stolen shall be transferred to the custody of such agency upon the agency's written request, or, at the direction of the agency, shall be returned by the pawnbroker to the true owner. The true owner shall not be liable to the pawnbroker for any amounts expended by the pawnbroker with respect to an article deemed stolen. The pawnbroker shall not be required to return stolen property to the true owner until: 1. He receives written notice from the law enforcement agency authorizing the release of the property to the true owner and specifying the name, address and social security number of the true owner; 2. The true owner, in person, requests the return of the property, executes a receipt therefor, and presents proper identification showing his name, address, social security • number and signature. 3. If a disagreement exists concerning the ownership of property, the item shall be held by the Police Department for thirty (30) days in order to allow the pawnbroker to seek judicial determination of ownership. If such action is not filed within thirty (30) days, the item will be returned by the Meridian Police Department to the recorded owner. B. Documentation By Pawnbroker: Upon the return of stolen property to the true owner either by the pawnbroker or law enforcement agency, the pawnbroker shall complete such documentation as may be necessary or required to effect the transfer of the property, including such documents pertaining to the registration of firearms as may be required by local, State or Federal authorities. Upon return of an item of property to a true owner, said owner shall agree in writing to pursue a course of criminal prosecution which could result in restitution for any victimized party. (Ord. 463, 3-3-1986) 3-5-13: APPEAL FROM DENIAL OF LICENSE: A. Time Limit For Appeal: Within five (5) days, excluding weekends and legal holidays, from refusal of the City Clerk to • issue or renew a license under this Chapter, the applicant for a license may appeal to the City Council for the purpose of having the City Council review the action of the City Clerk. B. Appeal In Writing: The appeal by the licensee or the applicant whose license has been refused must be in writing ME3 3-5 (7) • and shall set forth the reason why such license should not be refused. C. Hearing Before Council: The City Council shall hear the appeal within thirty (30) days, excluding weekends and legal holidays, after the filing thereof, and shall render its decision within twenty (20) days, excluding weekends and legal holidays, after said hearing. The decision of the majority of the City Council may be appealed to the Fourth Judicial District Court pursuant to the Idaho Administrative Procedures Act'. (Ord. 463, 3-3-1986) Are time periods correct? Response: Yes , No , Change as follows: 3-5-14: REVOCATION OR SUSPENSION OF LICENSE: A. Causes For Revocation: The City Council shall have the power to revoke or suspend any license granted in accordance with this Chapter for any of the following causes: • 1. Fraud, misrepresentation or false statement contained in the application for license; 2. Fraud, misrepresentation or false statement made in the course of carrying on the business of a pawnbroker; 3. Any other violation of this Chapter; 4. The hiring of any person who has been convicted of a felony, or has been convicted of any other crime, whether felony or misdemeanor, involving moral turpitude within the five (5) years immediately preceding the date of being employed; 5. Conviction of any felony or misdemeanor involving fraud, theft, dishonesty or receiving or possessing stolen property, or any other crime involving moral turpitude; or 6. Failure to pay any tax levied by the Idaho State Tax Commission pursuant to Idaho Code section 63-2313. I.C. 5 63-2313 has been repealed by S.L. 1995, ch. 206. In what manner should the text of subsection A6 above be changed? • Response: 1. I.C. title 67, chapter 52. • ME3 3-5 (8) B. Hearing: Prior to any revocation or suspension, the licensee shall be granted the opportunity for a public hearing before the City Council, which hearing shall be held not later than twenty (20) days after written notice to the licensee of intent to revoke or suspend. Such notice shall specify the date, time and place of hearing and shall state the proposed basis for the suspension or revocation and shall be delivered to the licensee personally or mailed to the licensee at the address set forth in the license application. If, after such public hearing, the City Council determines that one or more of the grounds for revocation exists, it may revoke the license. C. Appeal: The decision of the City Council may be appealed to the Fourth Judicial District Court pursuant to the Idaho Administrative Procedures Act'. (Ord. 463, 3-3-1986) 3-5-15: PROHIBITED ACTS: A. Actions Of Pawnbroker, Agent Or Employee: It shall be unlawful for any pawnbroker or any clerk, agent, employee of a • pawnbroker to: 1. Acquire, by purchase, trade, exchange or otherwise, goods bearing evidence of a serial number which has been tampered with or scratched or obliterated in any matter unless such person immediately contacts the Police Department; 2. Accept, buy or exchange any articles prior to examining the identifying credentials of the person selling or exchanging said articles; 3. Fail to maintain the records required under Section 3-5-5 of this Chapter, or fail to maintain such record as to any item of which record is required to be maintained under said Section 3-5-5, or fail to make an entry of any material matter in the record of any transaction; 4. Make any false entry in the record required by Section 3-5-5 of this Chapter; 5. Obliterate or destroy the record required by Section 3-5-5 of this Chapter; provided, however, that such records may be destroyed at the expiration of the one year retention period prescribed in Section 3-5-5 of this Chapter; • 6. Refuse to allow any law enforcement officer to inspect the record required by Section 3-5-5 of this Chapter or any articles in his possession during normal business hours; 1. I.C. title 67, chapter 52. ME3 3-5 (9) • 7. Report any material matter falsely to a law enforcement officer; 8. Acquire by purchase, trade, exchange or otherwise, any articles from any person under eighteen (18) years of age, without the express written consent of his or her parent or guardian or unless said minor is the head of a family; 9. Fail to report forthwith to the Police Department the receipt of any property which the pawnbroker has good cause to believe has been lost or stolen, together with the name of the owner, if known, and the date when and the name of the person from whom the property was received; or 10. Hire or employ any person who has been convicted of any felony, or has been convicted of any other crime, whether felony or misdemeanor, involving moral turpitude within the five (5) years immediately preceding the date of the filing of the application. B. False Information: It shall be unlawful for any person to use a false name, a fictitious address, or any address other than the true address, or to furnish any false, untrue or misleading information or statement relating to the information required by Section 3-5-5 of this Chapter. • C. Goods Under Contract: It shall be unlawful for any person to pledge or sell any goods, chattels or effects, or any personal property leased or let to him by any instrument in writing under a contract or purchase not yet fulfilled. (Ord. 463, 3-3-1986) 3-5-16: PENALTY: Any person violating any of the provisions of this Chapter shall be guilty of a misdemeanor and, upon conviction thereof, shall be subject to penalty as provided in Section 1-4-1 of this Code for each violation. (Ord. 463, 3-3-1986; 1997 Code) CJ • • ME3 CHAPTER 6 MASSAGISTS AND MASSAGE ESTABLISHMENTS 3-6 (1) statute authority, I.C. S 50-307; for definition of "massage therapy", see I.C. S 54-704. SECTION: 3-6--1: Definitions 3-6--2: Administration 3-6--3: License Required 3-6--4: Exemptions 3-6--5: Act Of Licensing Officer 3-6--6: Application For Exemption Certificate 3-6--7: Application For Massage Establishment License 3-6--8: Application For Massagist License 3-6--9: Sole Proprietorship Massagists 3-6-10: Investigation Of Applicant 3-6-11: License Issuance; Term; Fees 3-6-12: Qualifications; And Continuance Of Qualifications 3-6-13: Change Of Address, Name, Officers And Employees 3-6-14: Operating And Sanitary Requirements 3-6-15: Inspections 3-6-16: Prohibited Acts 3-6-17: Penalty !2R! 3-6-1: DEFINITIONS: For the purposes of this Chapter, the following terms, phrases, words and derivations shall have the meaning given herein. !DEF! APPLICANT: The person making application for a license or the renewal of a license as specified in this Chapter. LICENSE OFFICER: The City Clerk. LICENSEE: A person having a City license in full force and effect issued hereunder as specified in this Chapter. MASSAGE: Any method of manual manipulation of, pressure on or friction against, or rubbing, stroking, kneading, slapping, pounding, tapping, vibrating or stimulating the external parts of the human body with or without the aid of any mechanical or electrical apparatus, instrument or appliance with or without such supplementary aids as oils, rubbing alcohol, liniments, antiseptics, powders, creams, lotions, ointments or other similar preparations commonly used in the practice of massage and/or by the use of any kind of character of bath. MASSAGE ESTABLISHMENT: Any place or establishment where any person engages in or carries on or permits to be engaged in or carried on any of the activities mentioned in the definition of massage. ME3 3-6 (2) • MASSAGIST (Including the terms Masseur or Masseuse): Any person who, for any consideration whatsoever, engages in the practice of massage as herein defined. PERSON: Any person, firm, partnership, association, corporation, company or any organization of any kind. (Ord. 530, 6-5-1990) !DEFEND! 3-6-2: ADMINISTRATION: The administration of this Chapter shall be under the jurisdiction of the license officer who shall examine all applications filed under Sections 3-6-6 through 3-6-9 of this Chapter, make or cause to be made further investigations of the application and applicant he shall deem necessary. (Ord. 530, 6-5-1990) 3-6-3: LICENSE REQUIRED: A. Practice Of Massage: It shall be unlawful for any person to engage in the practice of, or attempt to practice, massage for a fee, or for a gratuity, or any consideration whatsoever without first having obtained a valid license therefor as • provided in this Chapter and which license is in full force and effect. B. Massage Establishment: It shall be unlawful for any person to engage in, operate, conduct or carry on, or maintain in or upon, or to permit to be engaged in, operated, conducted or carried on, or maintained in or upon, any premises in the City, the operation of a massage establishment as herein defined without first having obtained a license as provided for in this Chapter and which is in full force and effect. (Ord. 530, 6-5-1990) 3-6-4: EXEMPTIONS: A. Persons Exempt: The following persons shall be exempt from the requirements of this Chapter: 1. Persons Authorized To Practice Medicine: Persons authorized by the laws of the State of Idaho to practice medicine, surgery, osteopathy, chiropody, physical therapy, chiropractic, podiatry, or persons holding a drugless practitioner's certificate under the laws of the State of Idaho. 2. Nurses And Orderlies: Nurses registered or licensed • pursuant to the laws of the State of Idaho. Orderlies, attendants or nurses aides in hospitals or clinics or under the direction of a licensed physician; and 3. Barbers And Cosmetologists: Barbers and cosmetologists duly ME3 3-6 (3) • licensed under the laws of the State of Idaho. 4. Members Of Certain Associations: Members in good standing of the International Myomassethics Federation (IMF/IMA) and the Meridian Massage Therapy Association (AMTA). All persons desiring to qualify for this exemption shall make application for a certificate of exemption to the licensing officer and by a showing that the applicant for exemption is a member in good standing of the above-named associations. B. Application Of Exemptions: The exemptions hereby granted shall apply and extend to the person or persons exempt so long as and to the extent necessary for the activities performed in the course of the bona fide practice of the business or profession of the person exempted. (Ord. 530, 6-5-1990) 3-6-5: ACT OF LICENSING OFFICER: Upon determination that the applicant is qualified for a license pursuant to the qualifications and conditions of licensee, the licensing officer shall either issue a City license to the applicant or shall deny the same for cause. (Ord. 530, 6-5-1990) • 3-6-6: APPLICATION FOR EXEMPTION CERTIFICATE: Any person desiring to apply for an exemption from the requirements of this Chapter shall make annual application for a certificate of exemption to the license officer. All applications for a certificate of exemption shall provide with the application at least the following: A. The name and residence address of the applicant. B. The business address of applicant. C. The date of birth, social security number and motor vehicle license number, if applicable. D. The professional association under which the applicant claims exemption and proof of membership in good standing. (Ord. 530, 6-5-1990) 3-6-7: APPLICATION FOR MASSAGE ESTABLISHMENT LICENSE: Application for a license to operate a massage establishment which employs any persons as massagists not exempted by this • Chapter shall be made to the license officer, and shall be accompanied by the annual fee hereinafter prescribed, and the application shall contain at least the following: A. The exact nature of the massage to be administered. ME3 3-6 (4) • B. The location and mailing address of the proposed establishment. C. The name and residence address of the applicant. D. If applicant is a corporation, the names and residence addresses of each of the officers, directors and manager of said corporation and of each stockholder owning more than ten percent (10%) of the stock of the corporation, and the address of the proposed massage establishment. Said persons shall be construed as joint applicants for a massage establishment license. E. If applicant is a partnership, the names and residence addresses of each of the partners including limited partners, and the address of the partnership itself, if different from the address of the proposed massage establishment. Said persons shall be construed as joint applicants for massage establishment license. F. Written proof that the applicant is over the age of eighteen (18) years. G. The height, weight, color of hair and eyes of each applicant or joint applicant. • H. One photograph of each applicant taken within thirty (30) days of the date of application at least two inches by two inches (2" x 2"). If the applicant is a corporation, one photograph at least two inches by two inches (2" x 2") of each officer or managing agent(s) of said corporation. If the applicant is a partnership, one portrait photograph taken within thirty (30) days of the date of application at least two inches by two inches (2" x 2") in size of each partner, including a limited partner in said partnership. I. The business, occupation, or employment of the applicant, including the name, dates, location and nature of same. J. The history of the applicant in the operation of a massage establishment or similar business or occupation, including, but not limited to, whether or not such person, in previously operating in this or another city within or without the State has had a massage or similar license or application therefor, denied, revoked or suspended, and the reason therefor, within five (5) years immediately preceding the date of application, and the business activity or occupation subsequent to such action of suspension or revocation. K. Whether the applicant (including the officer, directors and • managers of a corporation, and partners and managers of a partnership) within five (5) years prior to making application has been convicted of, paid any fine, been placed on probation, received a deferred sentence, received a withheld judgment, suffered the forfeiture of a bond for failure to appear or completed any sentence of confinement for any felony ME3 • or nontraffic misdemeanor. 3-6 (5) L. The name and address of each massagist who is or will be employed in said establishment. M. Authorization for the City, its agents and employees to seek information and conduct an investigation into the truth of the statements set forth in the application and the qualifications of the applicant for the permit. N. An applicant who was not licensed by this Chapter for the year immediately preceding the current application shall be required to be fingerprinted by an appropriate agency designated by the licensing officer. Cost of taking and processing such fingerprints shall be born by the applicant. (Ord. 530, 6-5-1990) 3-6-8: APPLICATION FOR MASSAGIST LICENSE: Application for a massagist's license by all persons not exempted by this Chapter shall be made to the license officer, and shall be accompanied by the annual fee hereinafter prescribed, and the application shall include the following: • A. Name and residence address and all previous residential addresses immediately prior to the present address of applicant for a period of five (5) years from date of application. B. Social security number. C. Written proof that the applicant is at least eighteen (18) years of age. D. Weight, height, color of hair and eyes. E. Two (2) front face photographs taken within thirty (30) days of the date of application and at least two inches by two inches (2" x 211) in size. F. The business, occupation or employment of the applicant for five (5) years immediately preceding the date of application. G. The massage or similar business license history of the applicant, and whether the applicant has had such license, or application therefor, denied, revoked or suspended within five (5) years immediately preceding the date of application and the reason therefor, and the business activities or occupations subsequent to such actions of denial, suspension • or revocation. H. Whether the applicant within three (3) years immediately prior to the date of application has been convicted of, paid any fine, been placed on probation, received a deferred sentence, received a withheld judgment, suffered the ME3 3-6 (6) • forfeiture of a bond for failure to appear or completed any sentence for confinement for any felony or nontraffic misdemeanor. I. Authorization for the City, its agents and employees to seek information and conduct an investigation into the truth of the statement set forth in the application and the qualifications of the applicant for the permit. J. An applicant who was not licensed by this Chapter for the year immediately preceding the current application shall be required to be fingerprinted by an appropriate agency designated by the licensing officer. Cost of taking and processing such fingerprints shall be borne by the applicant. (Ord. 530, 6-5-1990) 3-6-9: SOLE PROPRIETORSHIP MASSAGISTS: A. Definition: A sole proprietorship massagist is an individual, not connected or employed by any massage establishment, who practices the profession of massage in the personal residences of individual clients or at the personal residence of the sole proprietorship massagist. B. Application For License: All sole proprietorship massagists shall make application for a sole proprietorship massage license in the same form as is required by Section 3-6-8 of this Chapter and pay the required fee. C. Appointment Book Required: All persons licensed under this Section as sole proprietorship massagists shall keep at all times an appointment book in which the name of each and every patron or client shall be entered, together with the time, date, place of service and the nature of the service provided. The appointment book shall be available for inspection by the licensing officer or City Police Department. D. Maintain Qualifications: All sole proprietorship massagists shall maintain all qualifications and conditions as specified in this Code. (Ord. 530, 6-5-1990) 3-6-10: INVESTIGATION OF APPLICANT: Upon receipt of an application for a license, the license officer shall cause an investigation to be made and shall refer all applications to the Police Department, the Fire Department, Building Department and the Central District Health Department for their recommendations. The applicant for • either a massage establishment license or massagist license shall submit to an interview for such further information and identification as may be deemed necessary by any officer of the City, and shall afford the license officer and any other department or member thereof of the City reasonable opportunity to inspect the facilities for which the license is • • Ll ME3 requested. (Ord. 530, 6-5-1990) 3-6-11: LICENSE ISSUANCE; TERM; FEES: A. Determination By License Officer: receiving the written recommendations shall determine if the qualifications Chapter have been met. B. Issuance; Term Of License: 3-6 (7) The license officer, upon of all departments, and conditions in this 1. Massage Establishment: The license officer shall issue an annual license to a massage establishment. Each license shall expire at the end of one year from the date of its issuance, unless sooner revoked or surrendered. The license shall not be transferable. A provisional license may be issued pending completion of the required investigation. 2. Massagist: The license officer shall issue an annual license to a massagist. Each license shall expire at the end of one year from the date of its issuance, unless sooner revoked or surrendered. Licenses shall not be transferable. A provisional license may be issued pending completion of the required investigation. C. Fees: 1. Licenses: The annual license fee for a message establishment is one hundred dollars ($100.00) and the annual license fee for a massagist (including sole proprietorships) is fifty dollars ($50.00). 2. Health Inspection: Each massage establishment shall remit a fee of twenty five dollars ($25.00) to the Central District Health Department for a health inspection consistent with this Chapter. 3. Filing For Exemption: All persons applying for an exemption as specified shall remit a fee of ten dollars ($10.00). D. Display Of Licenses Or Certificates: All licenses or exemption certificates issued pursuant to this Chapter shall be prominently and conspicuously displayed on the premises of the massage establishment. (Ord. 530, 6-5-1990) 3-6-12: QUALIFICATIONS; AND CONTINUANCE OF QUALIFICATIONS: A. The license officer shall refuse to issue a license to a massage establishment, a massagist or a sole proprietorship massagists license, if it is found that: 1. The correct permit fees have not been tendered to appropriate party, and, in the case of a check or bank draft, honored with payment upon presentation. ME3 3-6 (8) • 2. The operation, as proposed by the applicant, if permitted, would not comply with all applicable laws, including, but not limited to, the City's building, zoning and health regulations. 3. The applicant or manager or other person principally in charge of the operation of the business, or the stockholders holding more than ten percent (10%) of the stock of the corporation and any officer, directors and employees of a corporation, or the members of a partnership, have been, within five (5) years prior to making application, convicted of, paid any fine, been placed on probation, received a deferred sentence, received a withheld judgment, suffered the forfeiture of a bond for failure to appear or completed any sentence of confinement for any felony or nontraffic misdemeanor. 4. The applicant has knowingly made any false, misleading, or fraudulent statement of fact in the application or in any document required to be submitted in support thereof. 5. The applicant has had a massage business, massagist, or other similar permit or license denied, revoked, or suspended for any of the above causes by the City or any other state or local agency within five (5) years prior to the date of the • application. 6. The applicant, if an individual, or if a corporation any of the officers and directors, or if a partnership any member of the partnership, and the manager or other person principally in charge of the operation of the business, is not over the age of eighteen (18) years. B. All persons licensed hereunder must continue throughout the license period to have all of the qualifications and none of the disqualifications as provided for in this Chapter. (Ord. 530, 6-5-1990) 3-6-13: CHANGE OF ADDRESS, NAME, OFFICERS AND EMPLOYEES: A. Massage Establishment: Every massage establishment licensee shall report within twenty four (24) hours to the license officer any and all changes of ownership or management of the massage establishment, including, but not limited to, changes of manager or other person principally in charge, stockholders holding more than ten percent (10%) of the stock of the corporation, officers, directors and any and all changes of name, style or designation under which the business is to be conducted; any and all changes of business address or • telephone numbers where the business is to be conducted; any and all changes or transfers of massagists employed in the business whether by new or renewed employment, discharge or termination or otherwise. B. Massagist: Every massagist shall report within twenty four ME3 3-6 (9) • (24) hours to the license officer any and all changes of employment, whether by new or renewed employment, discharge or termination, or otherwise, giving the name and address of the former employer, if any, and the name and address of the new employer, if any. (Ord. 530, 6-5-1990) 3-6-14: OPERATING AND SANITARY REQUIREMENTS: A. Performing Massage At Licensed Establishment: All massage performed by massagists employed by massage establishments and required to be licensed by this Chapter shall be performed at a licensed massage establishment. B. Minimum Requirements: Unless otherwise ordered or approved by the Central District Health Department, each establishment shall be constructed, operated, and maintained to meet the following minimum requirements: 1. Physical Facilities: a. Steam rooms, shower compartments, steam compartments, tub compartments, toilet rooms, and adjacent exists shall have smooth, nonabsorbent, and easily cleanable floors and walls. • b. Floors of wet and dry heat rooms shall be adequately sloped to one or more floor drains properly connected to an approved sewer system, except that dry heat rooms with wooden floors need not be provided with sloped floors and floor drains. c. A source of water approved by the Central District Health Department shall be available within the immediate area of the dry and wet heat rooms to facilitate cleaning. d. The premises shall have adequate equipment for disinfecting or sanitized nondisposable instruments and materials used to administer massages. e. Massage tables, exercise tables, and benches shall have easily cleanable upholstery or other approved material covering the entire top surface. f. Pools, tubs, and similar equipment designed for multiple use without the water being changed, shall comply with State and other laws. Tubs, baths, and similar equipment designed for single use shall be emptied after each use, thoroughly cleaned, and properly sanitized. g. No owner or operator shall use an establishment for housing, sheltering, or harboring or cause or permit the same • to be used as living or sleeping quarters by employees or other persons. h. Toilet facilities shall be provided in convenient locations separate from other facilities, to provide privacy to the occupant(s). ME3 3-6 (10) • i. Each handwashing facility shall be provided with hot and cold running water, soap or detergent, and sanitary single service towels or blow dryer(s) at all times. A common towel(s) shall not be used. E • 2. Cleaning And Maintenance: a. Every portion of the establishment, including appliances, exercise tables, and equipment and apparatus, shall be kept clean, in good repair, and maintained in a sanitary condition. Wet and dry heat rooms, steam or vapor rooms, or steam or vapor cabinets, shower compartments, and toilet facilities and rooms shall be thoroughly cleaned each day the establishment is in operation. Bathtubs and massage tables shall be cleaned and disinfected after each patron's use. b. Each establishment shall have clean, sanitized sheets, towels, or other linen in sufficient quantity and said towels and linen shall be cleaned and sanitized after each use. c. Massage table(s) and each patron shall be provided with clean and sanitary sheets, towels, or other linen. No common use of sheets, towels, or other linens shall be permitted. d. All instruments, apparatus, equipment, or appliances used more than once shall be disinfected after use on each patron. 3. Operators And Personnel: a. All massages or treatments in an establishment shall be in a room designed for this purpose. b. All employees, patrons, and operators shall be clean and wear clean outer garments. All employees and operators shall maintain a high degree of personal cleanliness and confirm to hygienic practices while on duty. C. Each operator shall wash their hands thoroughly before and after administering a massage or treatment on each patron, and as often as necessary to remove soil and contamination. An operator or employee of an establishment shall thoroughly wash their hands after using the toilet, smoking, or eating. d. No operator shall administer a massage or give treatment if he or she knows or should know that he or she has any contagious or communicable disease. 4. Hours Of Operation: All massage establishments licensed under this Chapter shall be closed for business between the hours of ten o'clock (10:00) P.M. and seven o'clock (7:00) A.M. (Ord. 530, 6-5-1990) 3-6-15: INSPECTIONS: The Departments of Police, Fire or Building of the City and ME3 3-6 (11) . the Central District Health Department shall at any time during business hours, and at least twice a year, make an inspection of each massage establishment for the purposes of determining that the provisions of this Chapter are complied with. It shall be unlawful for any licensee to fail to allow such inspection officer access to the premises or to hinder such officer in any manner. (Ord. 530, 6-5-1990) 3-6-16: PROHIBITED ACTS: It shall be unlawful for any person: A. Minors Restricted: To permit any person under the age of eighteen (18) years to come or remain on the premises of any massage establishment as a massagist, employee or patron. B. Liquor Prohibited: To sell, give, dispense, provide or keep, or cause or permit to be sold, given, dispensed, provided or kept, any alcoholic beverage or liquor on the immediate premises of any massage establishment. C. Employ Unlicensed Massagist: To employ any person as a massagist unless such person has obtained and has in effect a license issued pursuant to this Chapter. • D. Allow Prohibited Acts To Be Performed: Owning, renting, leasing, operating, or managing a massage establishment, and knowingly to cause, allow or permit in or about such massage establishment, any agent, lessee, employee, or any other person under his control or supervision to perform such acts as may be prohibited by law. (Ord. 530, 6-5-1990) 3-6-17: PENALTY: Any person violating any of the provision 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. 530, 6-5-1990; 1997 Code) 0 • r1 U • ME3 3-7 (1) CHAPTER 7 ESCORT AND ESCORT BUREAUS Statute authority, I.C. 5 50-307. SECTION: 3-7-1: Definitions 3-7-2: License Required; Fee; Exceptions 3-7-3: Application Requirements 3-7-4: Qualifications For License; Employment 3-7-5: Notification Of Personal Changes 3-7-6: Unlawful Acts Of Escort Bureau Licensee 3-7-7: Appointment Book And Notice Of Escort At Other Location 3-7-8: License, Suspension Or Revocation Conditions 3-7-9: Penalty !2R! 3-7-1: DEFINITIONS: For the purpose of this Chapter, the following terms, phrases, words or derivations shall have the meaning given herein. !DEF! APPLICANT: The person making application for a license or the renewal of a license to either: A. Maintain and operate an escort bureau as herein defined; or B. Engage as an escort as defined. EMPLOY: To retain the services of an escort to function as such under direction of an escort bureau. A bureau shall be deemed to "employ" all escorts functioning and/or dispatched at their direction regardless of the financial arrangements between the parties as to remuneration for escort services provided. EMPLOYEE: Any person functioning and/or dispatched as an escort at the direction of an escort bureau regardless of the financial arrangements between the bureau and the escort as to remuneration for escort services provided. ESCORT: A. Any person who, for hire or reward, accompanies others to or about social affairs, entertainment or places of amusement. B. Any person who, for hire or reward, consorts with others about any place of public resort or within any private quarters. ESCORT BUREAU: Any business or agency which, for a fee, commission, hire, reward or profit, furnishes or offers to furnish escorts. ME3 • LICENSE OFFICER: City Clerk. 3-7 (2) LICENSEE: A person having a City license in full force and effect issued hereunder to either: A. Maintain and operate an escort bureau as herein defined; or B. Engage as an escort as herein defined. PERSON: Any individual, firm, partnership, association, corporation, company or organization of any kind. (Ord. 531, 6-5-1990) !DEFEND! 3-7-2: LICENSE REQUIRED; FEE; EXCEPTIONS: A. Business License Required; Fee; Investigation: Every person conducting, managing or carrying on any escort bureau shall first procure a license and pay an annual license fee of one hundred seventy five dollars ($175.00). A provisional license may be issued pending completion of the required investigation. B. Escort License; Fee; Investigation: Every person hired for • the purpose of accompanying others to social affairs, entertainment, places of amusement or at any place of public resort or within any private quarters shall first procure a license and pay an annual fee of fifty dollars ($50.00). A provisional license may be issued pending completion of the required investigation. C. License And Identification Available For Inspection: Every escort shall have in their possession while engaged in any act as an escort, including but not limited to, travel to and from appointments, their City license issued under this Chapter and other identification with photograph; both of which shall be provided for inspection upon request by any customer or by any law enforcement officer. D. Exceptions: 1. This Chapter shall not apply to the lawful business of any employment office or employment agency licensed under State law which does not conduct an escort bureau. 2. This Chapter shall not apply to City licensees acting pursuant to the applicable City Code licensing requirements. 3. This Chapter shall not apply to any persons acting under • authorization of any public and governmental agencies or political subdivisions thereof. (Ord. 531, 6-5-1990) 3-7-3: APPLICATION REQUIREMENTS: ME3 3-7 (3) • Each applicant for a license herein is required to provide the following information upon an application which shall contain the following: A. An applicant who was not licensed by this Chapter for the year immediately preceding the current application shall be required to be fingerprinted by an appropriate agency to be designated by the licensing officer. B. All residential addresses during the past five (5) years. C. The name and address of each business where the applicant was employed, or which the applicant owned during the past five (5) years. D. Whether the applicant has had any business license denied, revoked, or suspended, the reason therefor, and the date and place of such action. E. Any conviction or forfeiture of bond, upon any assault, larceny, sexual offense, burglary, or any criminal violation or Municipal ordinance violation (except traffic violations) during the past five (5) years. F. Identification sufficient to prove that the applicant is at • least eighteen (18) years of age. G. If the applicant is a corporation, a copy of the articles of incorporation shall be submitted, together with the name and residence address of each officer, and director, and of each stockholder owning more than ten percent (10%) of the stock of the corporation. If the applicant is a partnership, the applicant shall set forth the name and residence address of each of the partners, including limited partners. Said persons shall be construed as joint applicants for an escort bureau license. H. The names and addresses of all persons employed or intended to be employed by the applicant and any other person with a financial interest in the escort bureau. I. Authorization for the City, its agents and employees to seek information and conduct an investigation into the truth of the statements set forth in the application and the qualifications of the applicant for the permit. J. One photograph of the applicant taken within thirty (30) days of the date of application at least two inches by two inches (2" x 2"). If the applicant is a corporation or a partnership, one photograph at least two inches by two inches • (2" x 2") in size of each officer and director and every shareholder owning more than ten percent (10%) of the stock of said corporation, or if a partnership a two inches by two inches (2" x 2") photograph of each partner, including a limited partner in said partnership. (Ord. 531, 6-5-1990) ME3 3-7 (4) • 3-7-4: QUALIFICATIONS FOR LICENSE; EMPLOYMENT: U No person shall hold a license who: A. Has been convicted within the preceding five (5) years of: 1. Any felony or crime which under the laws of this State would be a felony. 2. Larceny in any degree. 3. An offense involving sexual misconduct, pandering or prostitution. 4. Any violation of this Chapter or a similar law of another city in Idaho or any other state. B. Is younger than eighteen (18) years of age. C. Has made a material misrepresentation of fact on the application for license. D. Has had a similar escort license, escort bureau license or other City license revoked within the last five (5) years. (Ord. 531, 6-5-1990) 3-7-5: NOTIFICATION OF PERSONAL CHANGES: Every escort bureau shall within twenty four (24) hours notify the license authority of every change in personnel of escorts employed by the escort bureau. (Ord. 531, 6-5-1990) 3-7-6: PROHIBITED ACTS OF ESCORT BUREAU LICENSEE: In addition to maintaining all conditions and qualifications of a licensee for an escort bureau license, said licensee shall not: A. Hire Unlicensed Escort: Hire or employ any escort who is not licensed. B. Minors: 1. Employment: Employ as an escort any person under eighteen (18) years of age. 2. Furnish Escort To Or Accept Employment From: Furnish any escort to, or accept employment from, any patron, customer or • person to be escorted who is under eighteen (18) years of age, except at the special instance and request of the parent, guardian or other person in lawful custody of the person upon whose behalf the escort service is engaged. (Ord. 531, 6-5-1990) ME3 3-7 (5) • 3-7-7: APPOINTMENT BOOK AND NOTICE OF ESCORT AT OTHER LOCATION: A. Appointment Book Required: Every person who operates an escort bureau or practices or provides as an escort shall at all times keep an appointment book in which the name, address and telephone number of each and every patron shall be entered, together with the time and date and place of service, the service to be provided and the name of the escort employed, furnished or arranged for, prior to the service being rendered. B. Inspection By Police: The appointment book shall be available at all times for inspection by the City Police Chief or his authorized representatives. C. Escort Service Provided At Hotel Or Motel; Notice: Every person who practices or provides any escort service to any location, including but not limited to, any motel or hotel, must first give notice of his or her presence on the premises at that location and fully identify himself or herself, the escort bureau, and the patron upon whom the person intends to practice or provide an escort to the owner, manager or person in charge of that location before rendering any services. This provision shall be deemed complied with where the location is • a motel or hotel by giving such notice and identification to the person in charge of the registration desk of such motel or hotel. A record of such appointment, or notice given and to whom said notice was given shall also be kept in the appointment book as hereinabove specified. (Ord. 531, 6-5-1990) 3-7-8: LICENSE, SUSPENSION OR REVOCATION CONDITIONS: In addition to the failure to maintain qualifications and conditions of licensing specified in Section 3-7-4 of this Chapter, the license to conduct an escort bureau or to be an escort may be suspended or revoked if the City Council finds: A. The licensee has committed, or caused, permitted, encouraged or condoned the commission of any lewd or immoral act or any act of prostitution. B. The licensee has conducted, in whole or in part, a subterfuge to facilitate or to conceal the conduct of any unlawful or immoral business or practice. C. The licensee has failed to comply with the requirements of this Chapter. • D. The licensee has been convicted of any violation of this Chapter. (Ord. 531, 6-5-1990) 3-7-9: PENALTY: ME3 3-7 (6) • 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) • • • n U ME3 CHAPTER 8 PRIVATE SECURITY SERVICES Statute authority, I.C. 5 50-307. SECTION: 3-8--1: Definitions 3-8--2: Licenses Required; Exemptions 3-8--3: Application For License 3-8--4: Qualifications 3-8--5: Investigation 3-8--6: Standards For Issuance 3-8--7: Bond And Insurance Required 3-8--8: License Fees; Expiration; Form 3-8--9: Uniforms And Emblems 3-8-10: Unlawful Display Of License 3-8-11: Authority Restricted 3-8-12: Penalty !2R! 3-8-1: DEFINITIONS: 3-8 (1) For the purpose of this Chapter, the following terms, phrases, words and derivations shall have the meaning given herein. The word "shall" is always mandatory and not merely directory. !DEF! APPLICANT: The person making application for a license or the renewal of a license for: A. Private patrol agent; or B. Private patrol or private security service or system. LICENSING OFFICER: The City Clerk. PERSON: Any individual, firm, co -partnership, corporation, company, association or joint stock association. PRIVATE OR PATROL SERVICE OR SYSTEM: Any service or system which purports to furnish, or does furnish, for a consideration, or otherwise, any watchman or guard, either uniformed or otherwise, to patrol any district in the City, or to guard or watch any property, or which employs any person to perform any type of duty to guard, protect or maintain peace and order at any public function, dance hall, theater, tavern or lounge, or any other place of public amusement or entertainment open to or frequented by the general public. 40 PRIVATE PATROL AGENT: Any person employed by the service or who performs individually the functions of a private patrol or private security service. PRIVATE SECURITY SERVICE: Any service or system which purports ME3 3-8 (2) • to furnish, or does furnish, for a consideration, or otherwise, any employee or agent to protect any property by means other than physical observation of property. (Ord. 529, 6-5-1990) !DEFEND! 3-8-2: LICENSES REQUIRED; EXEMPTIONS: A. Private Patrol Or Private Security System: It shall be unlawful for any person to conduct, operate or maintain, or permit to be conducted, operated or maintained, or to participate in the conduct, operation or maintenance of, a private patrol or private security system unless a valid license therefor has been issued as provided for in this Chapter and which is in full force and effect. B. Private Patrol Agent: It shall be unlawful for any person to act or to offer to act, as a private patrol agent within the City unless a valid license therefor has been issued as provided for in this Chapter and which is in full force and effect. C. Employment Of Licensed Agent: It shall be unlawful for any private patrol or security service to employ or hire the services of a private patrol agent until and unless said • private patrol agent has been duly licensed as required by this Chapter. D. Exception; Police Officers: This Chapter shall not apply to or include regularly appointed police officers of the City or to any regularly appointed police officer or law enforcement agent of the United States and of this State, or any political subdivision thereof while acting as their agent. E. Owner/Operator Acting As Agent: Any owner/operator of a validly licensed private patrol or security service or system may act as a private patrol agent for their private patrol or security service or system without additional bond or fee and be issued a license accordingly. (Ord. 529, 6-5-1990) 3-8-3: APPLICATION FOR LICENSE: A. Application Made To Licensing Officer: An application for a license, whether for private patrol or security service or system or private patrol agent, shall be made to the licensing officer. Applications for such licenses may be made by mail. B. Payment Of Application Fee: At the time of filing an application, an application fee shall be paid to the City • Clerk pursuant to fee schedule. (Ord. 529, 6-5-1990) 3-8-4: QUALIFICATIONS: No person shall be issued a license who: ME3 3-8 (3) • A. Is not over eighteen (18) years of age. B. Has been convicted, paid any fine, placed on probation, received a deferred sentence, received a withheld judgment, suffered the forfeiture of a bond for failure to appear or complete any sentence of confinement for any felony or misdemeanor within three (3) years prior to the date of making application; provided, that offenses regulating the operation and licensing of vehicles and fish and game laws, other than driving while under the influence of intoxicating beverages and reckless driving, shall not be grounds for disqualification. (Ord. 529, 6-5-1990) 3-8-5: INVESTIGATION: A. Investigation Of Application And Applicant: The licensing officer shall examine all applications filed and shall make, or cause to be made, such further investigation of the application and applicant as he shall deem necessary. B. Fingerprinting Required: An applicant who was not licensed by this Chapter for the year immediately preceding the current application shall be required to be fingerprinted by an appropriate agency to be designated by the licensing officer. • Cost of taking and processing such fingerprints shall be borne by the applicant. (Ord. 529, 6-5-1990) 3-8-6: STANDARDS FOR ISSUANCE: The licensing officer shall approve the issuance of a license provided for in this Chapter whenever he shall find that the applicant has complied with the provisions of this Chapter and is otherwise qualified. A provisional license may be issued pending completion of the required investigation. (Ord. 529, 6-5-1990) 3-8-7: BOND AND INSURANCE REQUIRED: Before any license shall be issued to any applicant: A. Bond: The applicant shall be required to give a fiduciary bond running to the City in the sum of: 1. Private patrol or security service, ten thousand dollars ($10,000.00). 2. Private patrol agent, two thousand five hundred dollars • ($2,500.00). Are bond amounts current? Response: Yes , No , Change as follows: • • • ME3 3-8 (4) B. Insurance: General and personal liability insurance for bodily injury, sickness, disease or death sustained by persons and arising out of assault, battery, false imprisonment, false arrest, malicious prosecution, abuse of process, libel, slander, misrepresentation, deceit, or interference with property and contract rights. The minimum limits for such insurance shall be one hundred thousand dollars ($100,000.00) per person and three hundred thousand dollars ($300,000.00) per incident or occurrence. (Ord. 529, 6-5-1990) Are insurance amounts correct? Response: Yes , No , Change as follows: 3-8-8: LICENSE FEES; EXPIRATION; FORM: A. Fees: The City license officer shall collect the following annual license fees before the acceptance of an application: Private patrol service $100.00 Private security services 100.00 Private patrol agent 25.00 !SETLRM!! SETFNT 1 1 SETTAB 1 Are fees current? Response: Yes , No , Change as follows: B. License Expiration: All licenses issued under the provisions of this Chapter shall expire each year. Any person holding a license under the provisions of this Chapter must renew such license for the following succeeding year by payment to the Clerk, the license fees required by this Chapter on or before December 31. C. License Form: The license for a private agent shall be in the form of a card which shall contain the words "Private Patrol Agent"; and shall also bear numerals designating the year in which such license is in force and effect. (Ord. 529, 6-5-1990) 3-8-9: UNIFORMS AND EMBLEMS: A. Similarity To City Police Uniforms Prohibited: It shall be unlawful for any private patrol or security service, or for ME3 3-8 (5) • any private patrol agent, to use or authorize the use of any uniform, clothing, uniform emblems or shoulder patches having a color, design and/or shape such as makes any of them individually, or some or all of them in the aggregate, appear indistinguishable from any uniform, uniform emblems and/or shoulder patches of the City Police Department: B. Identifying Tape Required: It shall be unlawful for any private patrol service to omit the use of a tape which has stitched thereon words such as "private patrol or security service", "private patrol system", or "bonded police" to be affixed to the left breast of the uniform or clothing worn by a private patrol agent. C. Approval Required: Every private patrol or security service and private patrol agent, prior to being licensed under this Chapter, shall obtain approval and authorization of any color, design or shape of any uniform, clothing, uniform emblems, badges and/or shoulder patches, to be utilized by such licensee. Application for such approval shall be made to the City Police Department and approval and authorization, if any, shall be given in writing by the Department and shall be attached to the application for license required by this Chapter and shall describe the color, design and shape of the uniform, patches, badges and/or emblems, as the case may be. • (Ord. 529, 6-5-1990) 3-8-10: UNLAWFUL DISPLAY OF LICENSE: It shall be unlawful for any person to wear or display any license required or provided for by this Chapter unless such person is duly licensed therefor. (Ord. 529, 6-5-1990) 3-8-11: AUTHORITY RESTRICTED: The granting or issuance of any license under the provisions of this Chapter shall not be construed in any manner as granting or providing any additional or further power of arrest than that granted under the provisions of the statutes of the State, and the provisions of this Code, nor shall the provisions of this Chapter be construed in any manner as authority or power to carry weapons contrary to the statutes of the State. (Ord. 529, 6-5-1990) 3-8-12: 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. 529, 6-5-1990; 1997 Code) ME3 • CHAPTER 9 PRECIOUS METAL DEALERS Statute authority, I.C. S 50-307. SECTION: 3-9--1: Definitions 3-9--2: Application Of Chapter 3-9--3: Exemptions 3-9--4: Licensing Requirements 3-9--5: License Fees 3-9--6: Record Of Transactions; Inspections 3-9--7: Goods Retained For Certain Time Period 3-9--8: Prohibited Acts 3-9--9: Appeal From Denial Of License 3-9-10: Revocation Or Suspension Of License 3-9-11: Penalty !2R! 3-9-1: DEFINITIONS: 3-9 (1°) !DEF! ESTABLISHED DEALER: Any precious metal dealer conducting business at a fixed location within the City of Meridian on a • permanent basis. "Permanent" shall mean thirty (30) consecutive days or more. ITINERANT DEALER: Any precious metal dealer engaged in any temporary or transient business conducted in a shop, room, hotel room, motel room or other premises rented for less than thirty (30) consecutive days or used on a temporary basis. MONEY: Items of numismatic value. PRECIOUS GEMS: Gems such as diamonds, sapphires, rubies, pearls and emeralds. PRECIOUS METAL: Gold, silver, platinum or any combination thereof, whether in manufactured, alloyed or any other form. PRECIOUS METAL DEALER: Any person, firm, partnership, corporation and any principal, employee or agent thereof, regularly engaged in or conducting business for the purchase, sale, trade or exchange of precious metals, used jewelry, money, silverware, gems or semi-precious gems. SEMI-PRECIOUS GEMS: Gems such as jade, tanzanite, tsavorite, garnets, aquamarines, turquoise, opals and other gems of lower value than those classified as precious. • SILVERWARE: Silver or silver plated flatware, trays, goblets, dishes or serving pieces. USED JEWELRY: Previously -owned articles of personal adornment, including, but not limited to, watches, rings, pendants, n U • ME3 3-9 (2) chains, brooches and necklaces, which are not purchased or sold as new and which are composed in whole or in part of precious metals, and which may contain diamonds, sapphires, rubies, pearls, emeralds, other precious gems or semi-precious gems. (Ord. 397, 8-8-1981) !DEFEND! 3-9-2: APPLICATION OF CHAPTER: This Chapter shall be applicable to the principals of any entity performing any activity regulated by this Chapter and to their agents and employees and to persons forming a partnership for the purpose of engaging in any activity subject to regulation by this Chapter. Every dealer regulated hereunder shall be liable for all the penalties provided herein for violation of any provision of this Chapter, whether such violation be committed by himself or his agent, clerk or employee. (Ord. 397, 8-8-1981) 3-9-3: EXEMPTIONS: This Chapter shall not apply to: A. Pawnbrokers: Licensed pawnbrokers; B. Hobby: Any person who, solely as a hobby, collects coins or other money of numismatic value or any other item specified in Section 3-9-1 and who purchases, sells or exchanges such items in pursuit of that hobby; C. Trade Shows: Persons or transactions associated with bona fide trade shows or conventions where all transactions of purchase, sale or exchange are made in connection with such trade shows or conventions and within the confines of the trade show or convention site; or D. Transactions Between Dealers: The purchase or receipt of any item regulated by this Chapter by one precious metal dealer from another, provided that the item, if originally obtained from one other than a dealer has been registered and retained for the 10 -day period as required hereunder. (Ord. 397, 8-8-1981) 3-9-4: LICENSING REQUIREMENTS: A. License Required: It shall be unlawful for any person to engage in the business of a precious metal dealer unless a valid license therefor has been issued as herein provided and said license is in full force and effect. B. Application For License: Application for such license shall be made to the City Clerk in such form and manner as he or she may prescribe. Such application shall include, but not necessarily be limited to, the following information: ME3 3-9 (3) • 1. The name and address of the applicant, and if a partnership, the names and addresses of each partner, and if a corporation or association, the names and addresses of the principal stockholders, and the name of the operating manager of the business. 2. Whether the applicant is seeking a license to do business as an established precious metal dealer or an itinerant precious metal dealer, and if an itinerant dealer, the length of time for which the right to do business is desired. 3. Whether the applicant has had a similar license revoked by the City of Meridian or any other city of this State or of the United States or any state of the United States within the past five (5) years. 4. Whether the applicant has been convicted of any felony or misdemeanor, other than minor traffic violations, the nature of the offense, and the date, and the punishment or penalty assessed therefor. C. Investigation: Upon receipt of any application for a license, the City Clerk shall cause an investigation to be made of the applicant or applicants. Such investigation shall • be completed within thirty (30) days; provided, however, that investigation of an applicant by an itinerant precious metal dealer shall be completed within five (5) working days. D. Causes For Nonissuance: No person shall be issued a license to engage in the business of a precious metal dealer when that person: 1. Is under the age of eighteen (18) years; 2. Is not a bona fide owner of such business; 3. Has had a similar license revoked by this City or any other city of this State or of the United States or any other state of the United States within five (5) years immediately preceding the date of the filing of the application; 4. Has been convicted of any felony, or has been convicted of any other crime, whether felony or misdemeanor, involving moral turpitude within the five (5) years immediately preceding the date of the filing of the application; 5. Has misrepresented or made a false or fraudulent statement of material or relevant facts contained in the application; or 6. Has engaged in a fraudulent transaction or enterprise. E. Applicant, Partners And Officers To Meet Requirements: An affirmative showing with respect to the qualifications herein specified shall be required to be made with respect to each applicant, and to each partner of a partnership applicant and to each officer, director or member of the governing board of ME3 9 a corporation or association. • 3-9 (4) F. Issuance; Payment Of Fee: Upon completion of the investigation, the City Clerk shall notify the applicant whether his license request is approved and upon payment of the prescribed license fee shall issue a license. Such license shall show the name and address of said licensee, the amount of fee paid, the date of issuance and the date of expiration. G. Notice Of Disapproval: The City Clerk shall notify the applicant if his license request is disapproved, the reasons therefor and advise him of the appeal procedure. H. License Nontransferable: Licenses shall not be transferable, either as to person or place. The license issued hereunder shall be posted conspicuously in each place of business named therein. (Ord. 397, 8-8-1981) 3-9-5: LICENSE FEES: A. Fee Established; Term: The license fee for an established precious metal dealer shall be fifty dollars ($50.00) per year, except that any application submitted after July 1 of any year shall be accompanied by a license fee of twenty five dollars ($25.00). The license to conduct the business of an established precious metal dealer shall expire December 31 of each year. Renewal of the license and payment of the license fee shall be made on or before January 1 of the year for which such renewal is desired. Are the fees current? Response: Yes , No , Change as follows: B. Itinerant Dealer: The license fee for an itinerant precious metal dealer shall be ten dollars ($10.00) per day. The license shall be issued only for the period specified in the application and shall specify the date or dates upon which business may be conducted. (Ord. 397, 8-8-1981) Is the fee amount correct? Response: Yes , No , Change as follows: 3-9-6: RECORD OF TRANSACTIONS; INSPECTIONS: A. Record Book Required; Information: Every precious metal ME3 3-9 (5) • dealer shall keep at his place of business, or carry with him while conducting business, a permanently bound book in which shall be legibly recorded with ink in the English language at the time of any purchase, exchange or receipt of an item for sale, the following information: 1. The date of the transaction; 2. The name of the person or employee conducting the transaction; 3. The name, age, sex, driver's license number or social security number, vehicle license plate number, and street address of the person with whom the transaction is conducted; 4. The name and street address of the owner of the property; 5. A complete description of the property, including, but not limited to, the type of item, the brand name, the type and approximate weight of the precious metals of which it is composed, the types of gems or stones in the item, their points, weight and/or carats, if available, any letters or other identifying marks inscribed thereon and such other information as may be necessary to distinguish the item from others of similar character; and 6. Signature of the person selling the property. B. Retain Record For Certain Time: The record required to be maintained hereunder shall be retained for a period of one year after the date of the transaction. C. Inspection Of Records: All records required by this Section shall be made available during ordinary business hours for inspection by any law enforcement officer. D. Report Acquisition Of Lost Or Stolen Property: Every precious metal dealer having good cause to believe that any property in his possession has been previously lost or stolen shall forthwith report such fact to the Police Department, together with the name of the owner if known, and the date when and the name of the person from whom the property was received. (Ord. 397, 8-8-1981) 3-9-7: GOODS RETAINED FOR CERTAIN TIME PERIOD: Except with respect to precious metals acquired in the form of bulk or bullion, no precious metal dealer shall sell, melt, change the form of or dispose of any article received by him, • the purchase, sale or exchange of which is regulated by this Chapter, for a period of ten (10) days after the receipt thereof. All such articles shall be retained in the possession of the dealer during the 10 -day period at the location specified in the license required herein. All such articles shall remain subject to inspection by any law enforcement ME3 3-9 (6) . officer during normal business hours. (Ord. 397, 8-8-1981) 3-9-8: PROHIBITED ACTS: A. Purchases, Records And Reports: It shall be unlawful for any precious metal dealer and any clerk, agent, or employee of a precious metal dealer to: 1. Acquire by purchase, trade, exchange or otherwise goods bearing evidence of a serial number which has been tampered with or scratched or obliterated in any manner unless such person immediately contacts the Police Department; 2. Accept, buy or exchange any articles prior to examining the identifying credentials of the person selling or exchanging said articles; 3. Fail to maintain the records required under Section 3-9-6 of this Chapter, or fail to maintain such record as to any item of which record is required to be maintained under said Section 3-9-6, or fail to make an entry of any material matter in the record of any transaction; 4. Make any false entry in the record required by Section do 3-9-6 of this Chapter; 5. Obliterate or destroy the record required by Section 3-9-6 of this Chapter; provided, however, that such records may be destroyed at the expiration of the one year retention period prescribed in said Section 3-9-6; 6. Refuse to allow any law enforcement officer to inspect the record required by Section 3-9-6 of this Chapter, or any articles in his possession during normal business hours; 7. Report any material matter falsely to a law enforcement officer; 8. Acquire by purchase, trade, exchange or otherwise, any articles from any person under eighteen (18) years of age, without the express written consent of his or her parent or guardian or unless said minor is the head of a family; or 9. Fail to report forthwith to the Meridian City Police Department the receipt of any property which he has good cause to believe has been lost or stolen, together with the name of the owner, if known, and the date when and the name of the person from whom the property was received. • B. False Information: It shall be unlawful for any person to use a false name, a fictitious address, or any address other than the true address, or to furnish any false, untrue or misleading information or statement relating to the information required by Section 3-9-6 of this Chapter. (Ord. 397, 8-8-1981) ME3 3-9 (7) 3-9-9: APPEAL FROM DENIAL OF LICENSE: A. Appeal To City Council: Within five (5) days, excluding weekends and legal holidays, from refusal of the City Clerk to issue or renew a license under this Chapter, the applicant for a license may appeal to the City Council for the purpose of having the City Council review the action of the City Clerk. B. Reasons For Appeal: The appeal by the licensee or the applicant whose license has been refused must be in writing and shall set forth the reasons why such license should not be refused. C. Council Decision Final: The City Council shall hear the appeal within fourteen (14) days, excluding weekends and legal holidays, after the filing thereof, and shall render its decision within seven (7) days, excluding weekends and legal holidays, after said hearing. The decision of the majority of the City Council shall be final as to the issuance of the license. (Ord. 397, 8-8-1981) 3-9-10: REVOCATION OR SUSPENSION OF LICENSE: A. Causes: The City Council shall have the power to revoke or suspend any license granted in accordance with this Chapter for any of the following causes: 1. Fraud, misrepresentation or false statement contained in the application for license; 2. Fraud, misrepresentation or false statement made in the course of carrying on the business of a precious metal dealer; 3. Any other violation of this Chapter; or 4. Conviction of any felony or misdemeanor involving fraud, theft, dishonesty or receiving or possessing stolen property, or any other crime involving moral turpitude. B. Public Hearing: Prior to any revocation or suspension, the licensee shall be granted the opportunity for a public hearing before the City Council, which hearing shall be held not later than fourteen (14) days after written notice to the licensee of intent to revoke or suspend. Such notice shall specify the date, time and place of hearing and shall be delivered to the licensee personally or mailed to the licensee at the address set forth in the license application. If, after such public hearing, the City Council determines that one or more of the • grounds for revocation exists, it shall revoke the license. The decision of the City Council shall be final. (Ord. 397, 8-8-1981) 3-9-11: PENALTY: ME3 3-9 (8) Any person violating any of the provisions of this Chapter shall be guilty of a misdemeanor and, upon conviction thereof, shall be subject to penalty as provided in Section 1-4-1 of this Code. (Ord. 397, 8-8-1981; 1997 Code) U n ME3 CHAPTER 10 ADULT BUSINESSES 3-10 (1) A copy of statute $ 18-4113 is included, following this Chapter (yellow sheet), for review by the City Attorney. It appears that the State is banning local enforcement of obscenity provisions. Does the City still wish to retain this Chapter? Response: Omit Chapter Retain Chapter as is Retain Chapter with changes as indicated SECTION: 3-10--1: 3-10--2: 3-10--3: 3-10--4: 3-10--5: 3-10--6: 3-10--7: 3-10--8: 3-10--9: 3-10-10: 3-10-11: 3-10-12: 3-10-13: 3-10-14: 3-10-15: Definitions Persons Subject To License License Required; Classifications Application For License License Fees Physical Examination For Applicant And Employees Copy Of Application To Officials And Agencies Investigations; City Council Action Issuance Of License Review Of Publications And Location Restrictions Lighting Of Parking Area Prior Location And License Misrepresentation; Fraud Revocation Of License 12R! 3-10-1: DEFINITIONS: Films By City Officials Lapse The following definitions are applicable to this Chapter: !DEF! ADULT ARCADE MACHINES: Machines which are used by an individual to view films or segments of films which such films are distinguished or characterized by an emphasis on matter depicting, describing or relating to "specified sexual activities" or "specified anatomical areas" (as defined below). ADULT BUSINESS: An adult store, adult theater, or business which operates adult arcade machines on its premises. ADULT STORE: A. An establishment having as a substantial or • significant portion of its stock or trade books, magazines or films which are distinguished or characterized by their emphasis on matter depicting, describing or relating to "specified sexual activities"; or "specified anatomical areas" (as defined below); or ME3 • B. An establishment devoted to the sale or 3-10 (2) with a segment or section or display of such material C. An establishment which sells or displays for sale devices designated to stimulate sexual arousal by contact with the skin or bodily orifices. ADULT THEATER: An establishment, either enclosed or open air, used for presenting to an audience through film or live performances material distinguished or characterized by emphasis on matter depicting, describing or relating to "specified sexual activities" or "specified anatomical areas" (as defined below). HOLDING COMPANY: A. Any corporation, firm, partnership, trust or other form of business organization not a natural person which, directly or indirectly: 1. Owns; 2. Has the power or right to control; or 3. Holds with the power to vote, all or any • part of the outstanding voting securities of a corporation which holds or applies for a license required by this Chapter. B. For the purposes of this Section, in addition to any other reasonable meaning of the words used, a holding company "indirectly" has, holds or owns any power, right or security mentioned in subsection A above if it does so through any subsidiaries; however, many such subsidiaries may intervene between the holding company and the corporate licensee or applicant. INTERMEDIARY COMPANY: Any corporation, firm, partnership, trust or other form of business organization other than a natural person which: A. Is a holding company with respect to a corporation which holds or applies for a license required by this Chapter. B. Is a subsidiary with respect to any holding company. SPECIFIED SEXUAL ACTIVITIES OR SEXUAL ANATOMICAL AREAS: • "Specified sexual activities" or "specified sexual anatomical areas" are defined to include the following: A. The covered or uncovered male genitals in a discernibly turgid state. ME3 3-10 (3) • B. The human male or female genitals with less than a fully opaque covering. C. Acts of simulated or actual: 1. Masturbation; 2. Human sexual intercourse; 3. Sexual copulation between a man and beast; 4. Fellatio; 5. Cunnilingus; 6. Bestiality; 7. Pederasty; 8. Buggery; or 9. Any anal copulation between a human male and another human male, human female or beast; 10. Pedophilia. • D. The simulated or actual manipulating, caressing or fondling by any person of: 1. The genitals of a human; 2. The covered or uncovered pubic area of a human; 3. The covered or uncovered human female breast; provided, however, that this subsection shall not be interpreted to include within the scope of its prohibition the nursing of an infant child. E. Flagellation or torture by or upon a person clad in undergarments, a mask or bizarre costume, or the condition of being fettered, bound or otherwise physically restrained on the part of the one so clothed. F. The human male or female pubic area or buttocks with less than a full opaque covering, or the human female breast from the beginning of the areola, papilla or nipple to the end thereof with less than full opaque covering. SUBSIDIARY: A. Any corporation all or any part of whose outstanding equity securities are: 1. Owned; r1 U • • ME3 3-10 (4) 2. Subject to a power or right of control; or 3. Held with power to vote, by a holding company or intermediary company; or B. Any firm, partnership, trust or other form of business organization not a natural person, all or any interest in which is: 1. Owned; 2. Subject to a power or right of control; or 3. Held with power to vote, by a holding company or intermediary company. (Ord. 326, 5-15-1978) !DEFEND! 3-10-2: PERSONS SUBJECT TO LICENSE: Whenever in this Chapter a license is required for the maintenance, operation or conduct of any business or establishment, or for doing business or engaging in any activity or occupation, any person or corporation shall be subject to the requirement if by himself or through an agent, employee or partner he holds himself out as being engaged in the business or occupation; or solicits patronage therefor, actively or passively, or performs or attempts to perform any part of such business or occupation in the City. (Ord. 326, 5-15-1978) 3-10-3: LICENSE REQUIRED; CLASSIFICATIONS: A. License Required: It shall be unlawful for any person to operate any adult store, adult theater, or adult arcade machine without first obtaining an appropriately classified license to do so as set forth in subsection B below. B. License Classifications: 1. Class A: Adult store which does not admit persons eighteen (18) years or younger. 2. Class B: Adult store which admits customers eighteen (18) years or younger to purchase publications or items not relating to specified sexual activities or specified anatomical areas but which has a portion of its premises devoted to the sale or display of such publications or films or sexual devices. 3. Class C: Adult theater. 4. Class D: Adult arcade machines. (Ord. 326, 5-15-1978) ME3 3-10 (5) • 3-10-4: APPLICATION FOR LICENSE: An application for a license to operate one of the establishments described in subsection 3-10-3B of this Chapter shall be made to the City Clerk in such form and manner as prescribed by the City Council accompanied by the annual fee hereinafter prescribed, but the application shall contain at least the following: A. The name and residence address of the applicant. B. The name and address of each employee. C. If applicant is a corporation, the names and resident addresses of each of the officers, directors and managers of said corporation and of each stockholder owning more than ten percent (10%) of the stock of the corporation and the address of the corporation itself, if different from the address of the proposed establishments. D. If applicant is a partnership, the names and addresses of each of the partners, including the limited partners and the address of the partnership itself, if different from the address proposed for the establishment. . E. Written proof that the applicant is over the age of eighteen (18) years. F. The business, occupation, or employment of the applicant for the three (3) years immediately preceding the date of the application including the names, dates of, location and nature of same. G. The number of adult arcade machines to be installed, if any, and the name, address and employer of the owner of said machines. If the owner is a corporation, the names and resident addresses of each of the officers, directors and managers of said corporation and of each stockholder owning more than ten percent (10%) of the stock of the corporation and the address of the corporation itself, if different from the address of the proposed establishments. H. The class of license applied for and a statement why the proposed establishment falls within the requested classification. I. If the applicant is seeking a Class B adult store license, a description of the manner in which minors will be prevented from viewing publications or films of specified sexual activities or sexual anatomical areas. • J. If a Class A adult store license is being requested, a statement whether the applicant will display for sale or sell any device designed to be used to stimulate sexual arousal or arousal by contact with the human skin or bodily orifices. ME3 3-10 (6) • K. A diagram of the floor plan and number of square feet and on -premises parking spaces. L. If the applicant is seeking a Class C adult theater license, a statement whether the entertainment will be live or on film. If live, a statement as to the nature of the live entertainment, e.g., burlesque, dance, musical, drama, etc. M. The date on which the applicant intends to open for business. N. The type and nature of activity desired to be licensed and whether the type of activity shall at any time require the total exclusion of minors from the premises. O. A legal description of the real property on which the premises are to be located, the name and address of the record owner; the name and address of each lienholder; the name and address of each party to a valid and subsisting contract of sale, deed of trust or other agreement the subject of which is the aforesaid real property. If any of the persons sought to be identified by this Section is a corporation, the names and resident addresses of the officers, directors and managers of said corporation and of each stockholder owning more than ten percent (10%) of the stock of the corporation and the address • of the corporation itself, if different from the address of the proposed establishment. P. If any of the information supplied pursuant to this Section becomes outdated by virtue of changes in the operation of the business or otherwise needs to be supplemented, the licensee shall provide the City Clerk with the modified or supplemental data within ten (10) days of the change or addition being effective. Q. As to subsections C, G and O, if the owner or applicant corporation is an intermediary company as defined in Section 3-10-1 of this Chapter, the identity of each related holding company or subsidiary as those terms are defined in Section 3-10-1 of this Chapter. In providing the identity of each such corporation, the applicant shall furnish the names and addresses of each of the officers, directors and managers and of each stockholder owning more than ten percent (10%) of the stock of the corporation, and the address of the corporation. (Ord. 326, 5-15-1978) 3-10-5: LICENSE FEES: A. Fees Established: The following annual license fees must be • paid to the City at the time the license application is submitted: Class A license $300.00 Class B license 125.00 Class C license 200.00 ME3 aClass D license !SETLRM!! SETFNT! ! SETTAB! Are the above fees current: 3-10 (7) 50.00 per adult arcade machine Response: Yes , No , Change as follows: B. Renewals: The request for renewal of licenses must be made on forms supplied by the City Clerk and such requests must be submitted by December 1 for renewal for the next calendar year. Each renewal application must be accompanied by the annual fee set forth in subsection A above. C. Proration Of Fee: Where an application for a new license is made after January 1, the applicable fee shall be apportioned in accordance with the number of days remaining in the calendar year. (Ord. 326, 5-15-1978) 3-10-6: PHYSICAL EXAMINATION FOR APPLICANT AND EMPLOYEES: • Where the applicant seeks an adult store license and indicates the devices described in Section 3-10-1 (definition of "Adult Store", subsection C) will be sold, the applicant and each employee on the premises will provide the City with a statement signed by a licensed physician in the State that he has examined the applicant or employee, whichever the case may be, and that, based upon the examination and laboratory tests, believes that person to be free from all communicable diseases, including venereal diseases. (Ord. 326, 5-15-1978) 3-10-7: COPY OF APPLICATION TO OFFICIALS AND AGENCIES: The City Clerk shall, within three (3) working days of a receipt of an application for license required by this Chapter, submit a complete copy of the application to the Planning and Zoning Commission, Building Inspector, Central District Health Department of the State of Idaho, Fire Inspector for the City, City Attorney, City Engineer, Ada County Highway Department and the Chief of Police. (Ord. 326, 5-15-1978) Is the list of officials and agencies a complete and accurate listing of officials: Response: Yes , No , Change as follows: • 3-10-8: INVESTIGATIONS; CITY COUNCIL ACTION: ME3 3-10 (8) • A. Investigation By City Officials And Other Agencies: On receipt of an application for licensing from the City Clerk as required by this Chapter, respective City officials and other governmental agencies shall commence investigations as to whether the physical plant of the proposed establishment is in conformity with the State law and City ordinances. Each official and agency shall submit a report in writing to the City Council within ten (10) days of receiving the license application and state whether the proposed establishment is in compliance with the applicable ordinances, State laws and regulations. It shall further be the duty of each respective official and agency, should a license subsequently be granted to the applicant, to examine and inspect such place licensed on a regular basis to determine continuing conformity to the applicable laws and regulations. If, during such routine inspection, a discrepancy is noted, the official noting such discrepancy shall so advise the licensee in writing. The licensee shall have ten (10) days within which to correct the discrepancy. Reasonable extensions of time will be granted the licensee if the discrepancy cannot be eliminated within a 10 -day period. B. Further Investigation By Council: The City Council, prior to the issuance of any license requested by this Chapter, and after review of the submitted application, may undertake • further investigation if it has reasonable cause to believe that the applicant has or is attempting to perpetrate a fraud or material misrepresentation on the City. Such further investigation may be completed and written findings issued at or prior to the next regular meeting following the meeting at which such application was initially considered. Upon a finding by the Council that the material misrepresentation or fraud has been perpetrated either in the application or in connection with the investigation by City officials or other governmental agencies, said application may be denied by the City Council. Nothing in this Section shall be construed to permit any investigation into the substantive content of the publications or films to be displayed or sold by the applicant. (Ord. 326, 5-15-1978) 3-10-9: ISSUANCE OF LICENSE: A. Submission Of Reports To Council: When the City Clerk has received a report and recommendation from each of the officials or agencies designated in Section 3-10-7 of this Chapter and not later than fifteen (15) days from the filing of the application, the City Clerk shall submit the license application and official reports to the City Council for inclusion in the Council agenda. • B. Council Action: The City Council shall act upon the application at the next regular scheduled meeting after submission of the application by the City Clerk. If each of the designated officials or agencies has determined that the proposed business establishment is in conformity with all ME3 3-10 (9) • applicable City and State laws, and if it appears that there are no material misrepresentations or fraud in the application or in connection with the investigation by the City officials or other governmental agencies, the City Council shall grant a license to the applicant. (Ord. 326, 5-15-1978) U 3-10-10: REVIEW OF PUBLICATIONS AND FILMS BY CITY OFFICIALS: A. Notice To Licensee: At the time of being issued a license under this Chapter, the licensee will be advised in writing by the City Clerk of a date and time not less than thirty (30) and no more than sixty (60) days from the licensing date, when the Mayor, City Council members, or their designated representatives may review publications and films being held for sale by the licensee. If the date and/or time is unacceptable to the licensee, the City Clerk will select a mutually satisfactory date. Do City officials actually review publications and films as stated above? Response: Yes , No , Change as follows: B. Place Of Review And Inspection: The licensee shall make his premises available to the City officials on the date selected. However, in order to minimize any adverse business impact, he may, at his option, bring the publications and films to the City Hall for review there. C. Frequency Of Review: Such review may occur no more frequently than three (3) times per year and at the time of each review, the licensee shall be given at least thirty (30) days' notice. If the date and time selected are not convenient to the licensee, he shall so state and a mutually satisfactory review date and time shall be selected by the City Clerk. D. Showing Motion Picture Films: All motion picture films shall be shown to the Mayor and Council by the licensee or his employee on the equipment furnished by the licensee. (Ord. 326, 5-15-1978) 3-10-11: LOCATION RESTRICTIONS: A. Purpose: It is the purpose of this Section to ensure that • there does not develop a pattern of adult businesses which, by their location or concentration, would have a deleterious effect on the peace, safety, and economy of the surrounding neighborhood. B. Proper Zoning: Any adult store, adult theater or business ME3 3-10 (10) • operating an adult arcade machine must be located only where proper zoning exists. C. Exception: An adult business may be allowed to locate in the areas prohibited above upon receiving approval from the City Council. Such approval shall be given only after: 1. A public hearing has been held, after notice of said hearing has been published in the official City newspaper and actual written notice of the hearing has been given to those businesses and residents within one thousand five hundred feet (1,500') of the proposed business site and notice to the individual businesses and residents shall be given at least ten (10) days prior to the hearing and shall state the purpose, time and date and location of said hearing; and 2. A finding by the City Council that the proposed location will not: a. Materially interfere with the activities of nearby parks, schools, churches, or residential districts; b. Create an undue concentration of adult businesses; c. Materially interfere with the free flow of pedestrian or • vehicular traffic; d. Create an undue burden in controlling and policing the illegal activities in the vicinity; e. Create a nuisance to the community; or f. Adversely affect the health and safety and welfare of the residents of the City. D. Prohibited Locations: No adult store, adult theater, or business operating an adult arcade machine may be located: 1. Within one thousand five hundred feet (1,500') of any school, park, church, or bus stop; or 2. Within one thousand five hundred feet (1,500') of any existing adult store, adult theater, or business operating an adult arcade machine. 3. Within those areas of the City designated residential or within one thousand five hundred feet (1,500') of the boundaries of such areas. (Ord. 326, 5-15-1978) • 3-10-12: LIGHTING OF PARKING AREA: The parking spaces and the five foot (51) radius surrounding the entrance to an adult business shall be illuminated to provide a light intensity of not less than one foot-candle at ground level. (Ord. 326, 5-15-1978) ME3 3-10 (11) • 3-10-13: PRIOR LOCATION AND LICENSE LAPSE: Nothing in this Chapter shall in any way affect the rights of present adult businesses to continue their operation so long as they adhere to the provisions of this Chapter, including submission of properly completed applications within thirty (30) days of the date of this Chapter and otherwise maintain a current license. Once an existing operation obtains a classified license, only subsequent change in classification shall be treated as a new use and must qualify under the provisions of this Chapter. If there is a failure to timely renew a license, any subsequent application must satisfy all the requirements of this Chapter including Section 3-10-11 of this Chapter pertaining to location restrictions. (Ord. 326, 5-15-1978) 3-10-14: MISREPRESENTATION; FRAUD: It shall be a misdemeanor for an applicant or licensee to make a material misrepresentation on his application, to perpetrate a fraud on any investigative official or agency or to operate a business licensed under this Chapter in contravention to the laws of the State of Idaho or the ordinances of the City. • (Ord. 326, 5-15-1978) 3-10-15: REVOCATION OF LICENSE: A. Revocation For Noncompliance: The licensee shall be responsible for the operation of the licensed premises in conformity with the ordinances of the City and the laws of the State. Upon a conviction of the licensee or the agent or employee of the licensee of violating any law or ordinance including this Chapter, intended to protect the health, welfare or safety of individuals in this State and which violation occurs in the course of the main business activity licensed under this Chapter, and not incidental thereto, the City Council may revoke all licenses held by the licensee under this Chapter for a period up to and including eighteen (18) months from the date of conviction. Upon expiration of the period of revocation, the applicant will be eligible to reapply for a license according to the procedures and requirements of this Chapter. B. Procedure For License Revocation: 1. Hearing: Any revocation of a license pursuant to this Chapter shall not occur until a hearing is held before the • City Council. Twenty (20) days' written notice of the time and place of the hearing and the nature of the grounds for such revocation sufficient to inform the licensee and enable him to respond shall be given. The licensee shall have the right to appear at said hearing in person or by counsel to present evidence and argument on the licensee's behalf and cross- ME3 • examine witnesses. C� J 0 3-10 (12) 2. Council Ruling: The City Council shall make a ruling based on the evidence presented to it at the hearing. Thereafter, the licensee shall be informed in writing of the Council's decision. If the Council by majority vote favors revocation, such revocation shall take effect when personal service of the written decision is made upon the licensee or an agent or employee of said licensee. (Ord. 326, 5-15-1978) L :he obscenity or .ch hearing, the probable cause k decision as to alto be obscene nclusion of said probable cause ter shall be re- d. .e grounds of an s subject to con- , Idaho Code, in s of this section, 3y the executing .legedly obscene ;aining evidence ;his section shall ase or under in- fer statute of the 1, $ 11, p. 258.1 7L. 1076, ch. ¢¢ 4, 15.4101 1 184109 — ;ter or advertise- spresented to be a court order de- scation,the court procedures have .nt, any matter or victed, and which secuting attorney court shall cause under its control, -cement purposes' 8.1 was repealed by 81- I' 287 18.4113. nances that end, before thi tion, disc to adopt any WWnW= ININKuW" tion, dissemination, which is obscene on or alfa such by 1973, ch. $05, 1 16, P. 866;1 CesapItae'e U64M`-'Phe "We refer to S.L. 1978, eh. 806 eompRed 18-4 v4dwesarsw by L this state the jurisdiction, SPP within their` w and all proper and any other'wnte provisions of this acct. prevent say pes'son'fto addition to-thom Powers l However, no rastsairiSSe e$wUve dates JLC., i 18.4114, U s �. i • • • ME3 CHAPTER 11 MOBILE HOME PARKS For statute authority, see I.C. S 44-2201 et seg. for Mobile/Manufactured Home Installation, and 3 55-2001 et seq. for Mobile Home Park Landlord -Tenant Act. All the provisions of this Chapter should be carefully reviewed for compliance with current City ordinances and zoning regulations. Please indicate any changes or omissions deemed necessary. SECTION: 3-11--1: 3-11--2: 3-11--3: 3-11--4: 3-11--5: 3-11--6: 3-11--7: 3-11--8: 3-11--9: 3-11-10: 3-11-11: 3-11-12: 3-11-13: 3-11-14: 3-11-15: 3-11-16: 3-11-17: 3-11-18: 3-11-19: 3-11-20: Definitions Mobile Home Park Permit; Conditions And Requirements Permit For Operation Of Mobile Home Park Inspection Of Mobile Home Parks Notices, Hearings And Orders Exemptions Environmental, Open Space And Water Supply Sewage Disposal Electrical Distribution System Service Building And Community Refuse Handling Insect And Rodent Control Fuel Supply And Storage Fire Protection Miscellaneous Requirements Use Of Trailer Coaches Access Requirements Service Facilities Abrogation And Greater Restrictions Effective Date Penalty !2R! 3-11-1: DEFINITIONS: For the purposes of this Chapter, the following words and phrases shall have the meanings ascribed to them in this Section: !DEF! DEPENDENT TRAILER COACH OR MOBILE HOME: A trailer coach or mobile home which does not have a toilet and a bathtub or shower. DRIVEWAY: A minor private way used by vehicles and pedestrians on a mobile home lot or use for common access to a small group of lots or facilities. HEALTH AUTHORITY: The legally designated health authority of the City of Meridian, Ada County, Idaho, or his authorized ME3 3-11 (2) • representative, including the State Department of Health, or the City Council. Should the "Central District Health Department" be added to above definition? Response: Yes , No , Change as follows: INDEPENDENT TRAILER COACH OR MOBILE HOME: A trailer coach or mobile home that has a toilet and a bathtub or shower. MOBILE HOME: A manufactured transportable, single-family dwelling unit suitable for year-round occupancy and containing water supply, waste disposal and electrical conveniences and so designed that it is or may be mounted on wheels and used as a conveyance on highways or City streets, propelled or drawn by its own or other motive power. See definition of "mobile home" in zoning regulations, Section 11-2-2 of this Code, which differs from this definition. Is above wording acceptable? • Response: Yes , No , Change as follows: MOBILE HOME LOT OR TRAILER COACH SPACE: A plot of ground within a trailer court or mobile home park designated for the accommodation of one single trailer coach or mobile home and for the exclusive use of its occupants. MOBILE HOME STAND PAD: That part of an individual lot which has been reserved for the placement of one mobile home unit. PARK MANAGEMENT: The person who owns or has charge, care or control of the mobile home park or trailer court. PARK STREET: A private way which affords principal means of access to individual mobile home lots or auxiliary buildings. PERMIT OR LICENSE: A written permit issued by the health officer permitting the trailer court to operate under this Chapter, and shall include, extensions, alterations and constructions within the mobile home park. Is "health officer" the appropriate term to reference, or should it be changed to "health authority"? Response: Leave as is ; Change as follows: • FJ • ME3 3-11 (3) PERSON: Any individual, firm, trust, partnership, public or private association or corporation. see definition of "mobile home park" in zoning regulations, Section 11-2-2 of this Code, which differs from above definition. Is text in above definition acceptable? Response: Yes , No , Change as follows: SERVICE BUILDING: A building housing toilet facilities for men and women, with slop -water closet and laundry facilities and with separate bath or shower accommodations and such other facilities as may be required under this Chapter. SEWER CONNECTION: The connection consisting of all pipes, fittings and appurtenances from the drain outlet of the mobile home to the inlet of the corresponding sewer riser pipe of the sewerage system serving the mobile home park. SEWER RISER PIPE: That portion of the sewer lateral which extends vertically to the ground elevation and terminates at each mobile home lot. TRAILER: See Mobile Home. TRAILER COURT OR MOBILE HOME PARK: Any plot of ground upon which four (4) or more trailer coaches, occupied for dwelling or sleeping purposes are located and is owned by an individual, a firm, trust, partnership, public or private association or corporation. TRAILER PARK: See Mobile Home Park or Trailer Court. WATER CONNECTION: The connection consisting of all pipes, fittings and appurtenances from the water riser pipe to the water inlet pipe of the distribution system within the mobile home. WATER RISER PIPE: That portion of the water supply system serving the mobile home park which extends vertically to the ground elevation and terminates at a designated point at each mobile home lot. (Ord. 207, 6-1971) !DEFEND! 3-11-2: MOBILE HOME PARK PERMIT; CONDITIONS AND REQUIREMENTS: A. Permit Required; Conditions: It shall be unlawful for any person to construct, alter, extend or operate any mobile home park within the limits of the City unless he holds a valid ME3 3-11 (4) • permit issued the City Clerk issued annually, in the name of such person for the specific trailer court, for the specific construction, alteration or extension proposed. (Ord. 207, 6-1971; amd. Ord. 222, 2-7-1972) 1. Parks In Residence Zones; Requirements: Trailer courts may be allowed in Residential Zone A or Residential Zone B as designated in the City by special permit of the Planning and Zoning Commission and the City Council after public hearing and a showing to the satisfaction of the Planning Commission that such action will be compatible to the overall development of the area where the trailer court is proposed to be constructed and will be in accordance with the general purposes of the zoning ordinances of the City; and provided, that before a permit is issued by the Commission, there shall be on file in the office of the City Clerk, the written consent of the owners of seventy five percent (75%) of the area of all the property within the boundary line of an area determined by the intersection of lines drawn three hundred feet (3001) at right angles out from and parallel to all sides of the tract whereupon such trailer court is to be erected or occupied, or property zoned for this specific purpose after a public hearing. Pursuant to the City zoning regulations (Title 11 of this • Code), zoning designations have been changed; therefore, the bolded text above is inaccurate. Please provide appropriate residential zoning designations. Response: We have changed "Planning Commission" to "Planning and Zoning Commission" in subsection Al above and elsewhere in this Chapter for compliance with Ordinance 430 and Title 2, Chapter 1 of this Code. Is this acceptable? Response: Yes , No , Change as follows: 2. Street Dedication; Boundary Around Tract: a. Where dedicated street rights of way are encountered, they shall be included in establishing the three hundred foot (300') boundary line around the tract, but further they shall • not be included in any area calculation. b. For a property that is partially within the boundary and partially outside the boundary, only that area within the prescribed three hundred foot (300') boundary is to be included in the percentage of area analysis. 3-11 (5) ME3 • c. The method, as outlined herein, for establishing the three hundred foot (300') boundary line applies for all the tracts of land whether they be rectangular, curvilinear and irregular and furthermore the exterior boundary line may be rectangular, curvilinear and irregular, and will not necessarily be in conformity with any surrounding lot, block and/or property lines. 3. Buildings outside Trailer Court; Locations: In any area of the City, regardless of the zoning designation, each boundary of any trailer court as defined in this Chapter must be at least two hundred feet (200') from the foundation of any permanent residential building located outside the trailer court unless the trailer court is separate from such permanent residential building by a natural or artificial barrier that meets the approval of the City Council or unless seventy five percent (75%) or more of the property owners of the residential buildings in the area within the said two hundred feet (2001) from such trailer court gave consent thereto by a formal petition filed with the Planning and Zoning Commission and City Council. B. Renewal Permit: It is not necessary to file a complete plan when applying for an annual renewal permit, provided there are not to be any remodeling or alterations done. • C. Application For Permit; Contents: All applications for permits shall contain the following: 1. Name and address of applicant. 2. Location and legal description of the mobile home park. 3. Complete engineering plans and specifications of the proposed park showing, but not limited to the following: a. The area and dimensions of the tract of land; b. The number, location and size of all mobile home lots; c. The location, and width of roadways and walkways; or must conform to requirements of the City subdivision regulations (Title 12 of this Code); The bolded text in above subsection C3c (as well as subsections C3k, C31 and C3m below) was inserted by Sterling to replace a reference to Section "9-607" of the City Code. Said Section 119-607" would have been included in Title 9, Chapter 6, "Subdivisions" of the City Code, which Chapter was repealed with the adoption of Ord. 430 in 1984. Subdivision • regulations (as derived from said Ord. 430) are included as Title 12 of this new Code. If the City wishes to make the references in said subsections above more specific, please provide us with the appropriate section references from new Title 12. ME3 3-11 (6) • Response: Leave as is , Change as follows: d. The location of water and sewer lines and riser pipes; e. Plans and specifications of the water supply and refuse and sewer disposal facilities; f. Plans and specifications of all buildings constructed or to be constructed within the mobile home park; g. The location and details of lighting and electrical systems; h. All plans and specifications to indicate distances, depths, setbacks, separations; i. Double frontage lots backing on streets shall be prohibited from using exterior roadway as entrance or exit purposes; j. All lot dimensions are to be shown on all lot lines; k. Radii at curbs at street intersections at lot corners should be rounded as per City subdivision regulations (Title • 12 of this Code); Leave as is Change as follows: 1. Exterior boundaries of plat drawings must be tied to at least two (2) County or City monuments as per City subdivision regulations (Title 12 of this Code); Leave as is , Change as follows: m. All lots are to be numbered by progressive numbers in each block separately as per City subdivision regulations (Title 12 of this Code). D. Issuance Of Permit: when upon review of the application, the City Council is satisfied that the proposed plan meets the requirements of this Chapter, a permit shall be issued. E. Permit Denial; Hearing: Any person whose application for a permit under this Chapter has been denied may request and shall be granted a hearing on the matter before the health • authority under the procedure provided by Section 3-11-5 of this Chapter. (Ord. 207, 6-1971) 3-11-3: PERMIT FOR OPERATION OF MOBILE HOME PARK: ME3 3-11 (7) . A. Permit Required: It shall be unlawful for any person to operate any mobile home park within the limits of the City unless he holds a valid permit by the City Clerk in the name of such person for the specific mobile home park. All applications for permits shall be made to the City Council, who shall issue a permit upon compliance by the applicant with the provisions of this Chapter. (Ord. 207, 6-1971; amd. Ord. 222, 2-7-1972) B. Transfer Of Permit: Every person holding a permit shall give notice in writing to the City Council within twenty four (24) hours after having sold, transferred, given away, leased or otherwise disposed of interest in or control of any mobile home park. Such notice shall include the name and address of the person succeeding to the ownership or control of such mobile home park. Upon application in writing for transfer of the permit, the permit shall be transferred if the mobile home park is in compliance with all applicable provisions of this Chapter. C. Application For Permit; Contents; Fees: 1. Contents Of Application; Deposit: a. Application for original permit shall be in writing, signed by the applicant, accompanied by an affidavit of the applicant as to the truth of the application and by the deposit of a fee of ten dollars ($10.00) and shall contain: the name and address of the applicant; the location and legal description of the mobile home park; and a site plan of the mobile home park showing all mobile home lots, structures, roads, walkways and other service facilities. Is the fee current? Response: Yes , No , Change as follows: b. One tentative plat shall be drawn to a scale of one inch to fifty feet (1" = 501) or larger and another tentative plat shall be drawn to a scale of one inch to three hundred feet (1" = 3001), to accompany application. 2. Renewal Of Permit: Applications for renewals of permits shall be made in writing by the holders of the permit and shall be accompanied by the deposit of a fee of ten dollars ($10.00) and shall contain any change in the information is submitted since the original permit was issued or the latest renewal granted. Is the fee current? Response: Yes , No , Change as follows: ME3 3-11 (8) CJ D. Permit Denial; Hearing: Any person whose application for a permit under this Chapter has been denied may request and shall be granted a hearing on the matter before the City Council under the procedure provided by Section 3-11-5 of this Chapter. E. Health Regulations; Inspection: Whenever, upon inspection of any mobile home park, the health authority finds that conditions or practices exist which are in violation of any provisions of this Chapter, the health authority shall give notice in writing in accordance with Section 3-11-5 of this Chapter to the person to whom the permit was issued that unless such conditions or practices are corrected within a reasonable period of time specified in the notice by the health authority, the permit shall be suspended. At the end of such period, the health authority shall re -inspect such mobile home park and, if such conditions or practices have not been corrected, he shall suspend the permit and give notice in writing of such suspension to the person to whom the permit is issued. Upon receipt of notice of such suspension, such person shall cease operation of such mobile home park except as . provided in Section 3-11-5 of this Chapter. (Ord. 207, 6-1971) 3-11-4: INSPECTION OF MOBILE HOME PARKS: A. Inspections Authorized: The health authority is hereby authorized and directed to make such inspections as are necessary to determine satisfactory compliance with this Chapter. B. Right Of Entry: The health authority shall have the power to enter at reasonable times upon any private or public property for the purpose of inspecting and investigating conditions relating to the enforcement of this Chapter. C. Inspection Of Register: The health authority shall have the power to inspect the register containing a record of all residents of the mobile home park. The management shall maintain an up-to-date daily register of all occupants. D. Allowing Free Access: 1. Park Management: It shall be the duty of the park management to give the health authority free access to all lots at reasonable times for the purpose of inspection. • 2. Occupants: It shall be the duty of every occupant of a mobile home park to give the owner thereof or his agent or employee access to any part of such mobile home park at reasonable times for the purpose of making such repairs or alterations as are necessary to effect compliance with this CJ • ME3 Chapter. (Ord. 207, 6-1971) 3-11-5: NOTICES, HEARINGS AND ORDERS: A. Notice Of Violation: whenever the that there are reasonable grounds to been a violation of any provision of give notice of such alleged violation the permit was issued, as hereinafter shall: 1. Be put in writing; 3-11 (9) City Council determines believe that there has this Chapter, they shall to the person to whom provided. Such notice 2. Include a statement of the reasons for its issuance; 3. Allow a reasonable time for the performance of any act it requires; 4. Be served upon the owner or his agent as the case may require; provided, that such notice or order shall be deemed to have been properly served upon such owner or agent when a copy thereof has been sent by registered mail to his last known address, or when a copy thereof has been posted in a conspicuous place in or about the dwelling affected by the notice, or when he has been served with such notice by any method authorized or required by the laws of this State; 5. Contain an outline of remedial action which, if taken, will effect compliance with the provisions of this Chapter and with regulations adopted pursuant thereto. B. Petition To Request Hearing; Conducting Hearing: 1. Request: Any person affected by any notice which has been issued in connection with the enforcement of any provision of this Chapter may request and shall be granted a hearing on the matter before the City Council; provided, that such person shall file in the office of the City Clerk a written petition requesting such hearing and setting forth a brief statement of the grounds therefor within ten (10) days after the day the notice was served. The filing of the request for a hearing shall operate as a stay of the notice and the suspension except in the case of an order issued under subsection E of this Section. 2. Hearing: Upon receipt of such petition, the City Council shall set a time and place for such hearing and shall give the petitioner written notice thereof. At such hearing the petitioner shall be given an opportunity to be heard and to show why such notice should be modified or withdrawn. The hearing shall be commenced not later than ten (10) days after the day on which the petition was filed; provided, that upon application of the petitioner, the City Council may postpone the date of the hearing for a reasonable time beyond such 10 -day period when in his judgment the petitioner has ME3 3-11 (10) submitted good and sufficient reasons for such postponement. C. Findings Of Council: After such hearing, the City Council shall sustain, modify or withdraw the notice, depending upon his findings as to compliance or noncompliance with the provisions of this Chapter and of regulations adopted pursuant thereto. If the City Council should sustain or modify such notice, it shall be deemed to be an order. Any notice served pursuant to subsection A4 of this Section shall automatically become an order if a written petition for a hearing shall not have been filed in the office of the City Clerk within ten (10) days after such notice was served. After a hearing in the case of any notice suspending any permit required by this Chapter, or by any regulation adopted pursuant thereto, when such notice shall have been sustained by the City Council, the permit shall be deemed to have been revoked. Any such permit which shall have been suspended by a notice shall be deemed to be automatically revoked if a petition for hearing shall not have been filed in the office of the City Clerk within ten (10) days after such notice was served. D. Proceedings Public Record: The proceedings at such a hearing, including the findings and decision of the City Council, and together with a copy of every notice and order related thereto shall be entered as a matter of public record 10in the office of the City Clerk but the transcript of the proceedings need not be transcribed unless judicial review of the decision is sought as provided by this Section. Any person aggrieved by the decision of the City Council may seek relief therefrom in any court of competent jurisdiction, as provided by the laws of this State. E. Health Emergency; Order To Remedy: Whenever the health authority finds that an emergency exists which requires immediate action to protect the public health, he may without notice or hearing issue an order reciting the existence of such an emergency and requiring that such action be taken as he may deem necessary to meet the emergency including the suspension of the permit or license. Notwithstanding any other provisions of this Chapter, such order shall be effective immediately. Any person to whom such an order is directed shall comply therewith immediately, but upon petition to the City Council shall be afforded a hearing as soon as possible. The provisions of subsections C and D of this Section shall be applicable to such hearing and the order issued thereafter. (Ord. 207, 6-1971) 3-11-6: EXEMPTIONS: • A. Parking Trailer On Street Or Unauthorized Places: It shall be unlawful for any person to park any house trailer on any street, alley or highway or other public place or any tract of land owned by any person, occupied or unoccupied, except as provided in this Chapter. ME3 3-11 (11) • B. Exemption Granted: Where the City Council finds that compliance with provisions of this Chapter would result in undue hardship, an exemption may be granted by the City Council without impairing the intent and purpose of this Chapter. Deviations from design, construction and installation provisions shall be brought into compliance with this Chapter within a reasonable period of time based on economic feasibility of improvement, nature, significance and extent of deviation, depreciation of material, improvement and layout in use and other similar factors, within a minimum period not exceeding six (6) months and a maximum period not exceeding one year. C. Change Of Ownership Or Discontinuance Of Use; Voidance Of Permitted Use: Any change of ownership or discontinuance of residential use of any lot now used for residential purposes by a mobile home for a period of thirty (30) days shall result in voidance of any permitted use of trailer houses outside of a trailer park according to Section 3-11-17 of this Chapter. D. Emergency Stopping Or Parking: Emergency or temporary stopping or parking shall be permitted for not more than three (3) hours and subject to any other limitations imposed by any other ordinance of the City. • E. Mobile Homes For Demonstration Or Sales Purposes: Unoccupied mobile homes for demonstration and sales purposes and temporary construction field offices in specified areas, and unoccupied campers shall be permitted. The bolded text in subsections D and E above has been added by Sterling for clarification purposes. Is this acceptable in both cases? Response: Yes , No , Change as follows, or as indicated above for each: F. Storage Restrictions: The storage of any unoccupied and uninhabited mobile home shall be permitted in the rear yard of any premises; provided, that it does not extend into any setback area, nor shall it be connected to sewer, water, electricity or gas and that such storage is not in conflict with any other section of this Chapter or any other regulation of Ada County or the City. G. Notice Of Deviation From Chapter: Such period, as stated in • subsection B of this Section, shall begin after the health authority has given notice of a certain and specific deviation from this Chapter to the person to whom the permit or certification was issued. Again, we have added wording for clarification. Is bolded text ME3 3-11 (12) • in subsection G above acceptable: Response: Yes , No , Change as follows: H. Gradual Improvements: Gradual improvements to a higher degree of conformity shall be permissive; provided, that there shall be complete conformity at the end of a period prescribed by the City Council. (Ord. 207, 6-1971) 3-11-7: ENVIRONMENTAL, OPEN SPACE AND ACCESS REQUIREMENTS: A. General Requirements: General requirements shall be that the condition of soil, ground water level, drainage and topography shall not create hazards to the property or the health or safety of the occupants. The site shall not be exposed to objectionable smoke, noise, odors or other adverse influences, and no portion subject to unpredictable and/or sudden flooding, subsidence or erosion shall be used for any purpose which would expose persons or property to hazards. • B. Soil And Ground Cover: Soil and ground cover requirements shall be that exposed ground surfaces in all parts of every mobile home park shall be paved, or covered with stone screenings or other solid material, or protected with a vegetative growth that is capable of preventing soil erosion and of eliminating objectionable dust. C. Site Drainage: Site drainage requirements shall be that the ground surface in all parts of every mobile home park shall be graded and equipped to drain all surface water in a safe, efficient manner, together with controlling grades and dimensions of all tile lines, culverts, catch basins, drain inlets, turf and masonry gutters and curbs, final drainage disposal including any existing facilities to be used. D. Park Areas For Nonresident Uses: 1. No part of any park shall be used for nonresidential purposes, except such uses that are required for the direct servicing and well being of park residents and for the management and maintenance of the park. 2. Nothing contained in this Section shall be deemed as prohibiting the sale of a mobile home located on a mobile home stand and connected to the pertinent utilities. (Ord. 207, • 6-1971) E. Required Separation Between Mobile Homes: 1. General Requirements: Mobile homes shall be separated from each other and from other buildings and structures by at least ME3 3-11 (13) • ten feet (10'), which is to be interpreted that each mobile home shall be at least five feet (51) from the property line or mobile home space or lot property line; provided, that the mobile homes placed end to end may have a clearance of six feet (6') between each other which is to be interpreted that they shall have at least three feet (3') setback from the property line or the mobile home lot line or space line where opposing rear walls are staggered. If they are not staggered, they shall have the clearance provided above which requires ten feet (10') between mobile homes or that the mobile home be set back five feet (5') from the property or lot line. (Ord. 520, 10-17-1989) 2. Accessory Structures: An accessory structure such as an awning, cabana, storage cabinet, carport, windbreak and porch which has a floor area exceeding twenty five (25) square feet shall, for purposes of all separation requirements, be considered to be part of the mobile home. (Ord. 207, 6-1971; amd. Ord. 222, 2-7-1972) F. Required Recreation Areas: 1. Requirement: In all parks accommodating or designed to accommodate twenty five (25) or more mobile homes, there shall be one or more recreation areas which shall be easily • accessible to all park residents. 2. Size: The size of such recreation areas shall be based upon a minimum of one hundred (100) square feet for each lot. No outdoor recreation area shall contain less than two thousand five hundred (2,500) square feet. 3. Location: Recreation areas shall be so located as to be free of traffic hazards and should, where the topography permits, be centrally located. (Ord. 207, 6-1971) G. Required Setbacks, Buffer Strips And Screening: 1. Distance From Public Street: All mobile homes shall be located at least twenty five feet (25') in back of curb from any park property boundary line abutting upon a public street or highway. 2. Distance From Park Street: There shall be a minimum distance of five feet (5') between the mobile home stand and abutting park street. (Ord 207, 6-1971; amd. Ord. 222, 2-7-1972) 3. Screening: All mobile home parks shall be provided with screening such as fences or natural growth along the property • boundary line separating the park and such adjacent nonresidential uses. H. Park Street System And Car Parking: 1. General Requirements: All mobile home parks shall be ME3 3-11 (14) • provided with safe and convenient vehicular access from abutting public streets or roads to each mobile home lot. Such access shall be provided by streets, driveways or other means, in conformance with the City subdivision regulations (Title 12 of this Code). If the City wishes to be more specific in its reference to the City subdivision regulations, please provide the appropriate section or chapter in Title 12 of this Code. Response: Leave text as bolded above Change as follows: 2. Park Entrance: Entrances to mobile home parks shall be designed to minimize congestion and hazards and allow free movement of traffic on adjacent streets. No parking shall be permitted on the park entrance street for a distance of one hundred feet (1001) from its point of beginning, unless approved by the City Council. 3. Internal Streets: Surfaced roadways shall be of adequate Is width to accommodate anticipated traffic, and in any case shall meet the following minimum requirements: a. All streets, except minor streets - thirty six feet (361) (curb face to curb face). b. Minor streets - thirty two feet (32') (curb face to curb face). (Ord. 207, 6-1971) c. Dead-end streets shall be limited in length to four hundred fifty feet (450') and shall be provided at the closed end with a turnaround having an outside roadway diameter of at least eighty feet (801) curb face to curb face and a street property line diameter of at least ninety feet (90'). (Ord. 207, 6-1971; amd. Ord. 222, 2-7-1972) d. Streets shall be laid out so as to intersect as nearly as possible at right angles and no street shall intersect any other street at less than eighty degrees (800). 4. Trailer Parking: a. It shall be illegal to park a trailer coach less than fifteen feet (15') from any street or highway right of way, or so that any part of such trailer will obstruct any roadway to • walkway. b. It shall be illegal to allow any trailer coach to remain in a trailer court unless a trailer coach space is available. c. Each trailer coach space shall contain a minimum of: single ME3 3-11 (15) • unit, two thousand four hundred (2,400) square feet; double unit, three thousand six hundred (3,600) square feet; shall be at least thirty feet (301) in width, and shall be at least eighty feet (80') in length, or large enough to accommodate the size trailer coach so placed that no part of the trailer coach will extend within the limits set forth in this Chapter. Each trailer coach shall be placed as to provide the necessary clearance as provided in this Chapter. d. Each trailer coach space in any trailer court shall be provided with an asphalt or concrete paved area of at least one hundred eighty (180) square feet at the entrance way into the trailer coach itself. e. No trailer is to be placed on too small a lot. f. No trailer shall be placed on any lot in such a manner as to encroach beyond the setback provisions of this Chapter. 5, Car Parking: Off-street parking areas or on -street parking lanes shall be provided for the use of park occupants and guests. Such areas shall: a. Be provided at the rate of two (2) car spaces for each mobile home lot. • 2. Be located within a distance of two hundred feet (2001) from the mobile home to be served, unless other vehicular access is provided. 6. Required Illumination Of Park Street Systems: All parks shall be furnished with lighting units so spaced and equipped with luminaries placed at such mounting heights as will provide adequate levels of illumination for the safe movement of pedestrians and vehicles at night to: a. All parts of the park street systems. b. Potentially hazardous locations, such as major street intersections and steps or stepped ramps. 7. Street Constructions And Design Standards: Such standards shall conform to minimum standards of County and City Codes, in addition to: a. Pavements: All streets shall be provided with a smooth, hard and dense surface which shall be durable and well drained under normal use and weather conditions. Pavement edges shall be protected to prevent raveling of the wearing surface and shifting of the pavement base. Street surfaces shall be maintained free of cracks, holes and other hazards to County and City Codes. Should the word "Codes" above be changed to "roads"? Response: Yes , No , Change as follows: • ME3 3-11 (16) b. Grades: Grades shall conform to the minimum standards of Title 8 of this Code, "Public Ways And Property". Grades of all streets shall be sufficient to ensure adequate surface drainage, but shall be not more than minimum street grade of twenty five one -hundredths (0.25%) with a maximum grade being seven percent (7.0%) for secondary and major streets and ten percent (10.0%) for local or minor streets. Where the observance of these standards is impossible, the City Council shall review the situation before an exception may be granted. c. Intersections: Within one hundred feet (100') of an intersection, streets shall be at approximately right angles, a distance of at least one hundred fifty feet (150') shall be maintained between center lines of offset intersecting streets. Intersections of more than two (2) streets at one point shall be avoided. 8. Fences: The City may want to compare the following provisions regarding fences with Sections 8-4-5 and 12-4-10 of this Code. • If text changes are deemed appropriate, please provide. Response: a. Location, Height And Density: In any yard adjacent to a street and within ten feet (10') from the curb line to such street, fences, walls and hedges may be up to forty eight inches (48") in height, when that portion of the fence above twenty four inches (24") is at least seventy five percent (75%) open when measured at ninety degrees (900) to the fence. Fences located in a yard area other than above described may be up to seven feet (7') in height. b. Measurements Of Height Of Fences: All fences along a public right of way will be measured from and along the sidewalk, or if no sidewalk exists, from and along the curb. All other fences will be measured from and along the finished grade of the property along the fence. c. Use Of Hazardous Materials: Fences shall not be constructed of or contain any material which will do bodily harm, such as . barbed wire, electric wires, broken glass, spikes and any other hazardous or dangerous material. I. Walks: 1. General Requirements: All parks shall be provided with ME3 3-11 (17) • safe, convenient, all season pedestrian access of adequate width for intended use, durable and convenient to maintain, between individual mobile homes, the park streets and all community facilities provided for park residents. Sudden changes in alignment and gradients shall be avoided. 2. Common Walk System: A common walk system shall be provided and maintained between locations where pedestrian traffic is concentrated. Such common walks shall have a minimum width of four feet W) and shall be constructed of concrete. 3. Individual Walks: All mobile home stands shall be connected to common walks, to paved streets or to paved driveways or parking spaces connecting to a paved street. Such individual walks shall have a minimum width of three feet (31). J. Mobile Home Stands: 1. The area of the mobile home stand shall be improved to provide adequate support for the placement and tie -down of the mobile home, thereby securing the superstructure against uplift, sliding, rotation and overturning. 2. The mobile home stand shall not heave, shift or settle unevenly under the weight of the mobile home due to frost 40action, inadequate drainage, vibration or other forces acting on the structure. (Ord. 207, 6-1971) 3-11-8: WATER SUPPLY: A. General Requirements: An accessible, adequate, safe and potable supply of water shall be provided in each mobile home park. Where a public supply of water of satisfactory quantity, quality, and pressure is available at the site or at the boundary of the site, connection shall be made thereto and its supply used exclusively. B: Source Of Supply: 1. Supply Capacity: The water supply shall be capable of supplying a minimum of one hundred twenty five (125) gallons per day per mobile home. 2. Free From Contamination: Every well or suction line of the water supply system shall be located and constructed in such a manner that neither underground nor surface contamination will reach the water supply from any source. 3. Gravity Drainage: No well -casings, pumping machinery or • suction pipes shall be placed in any pit, room or space extending below ground level nor in any room or space above ground, which is walled in or otherwise enclosed, unless such rooms, whether above or below ground, have free drainage by gravity to the surface of the ground. ME3 3-11 (18) • 4. Private Water Supply: The treatment of a private water supply shall be in accordance with applicable laws and regulations. C. Water Distribution System: 1. Connections Through Pipes: The water supply system of the mobile home park shall be connected by pipes to all mobile homes, buildings and other facilities requiring water. 2. Compliance With State And Local Regulations: All water piping, fixtures and other equipment shall be constructed and maintained in accordance with State and local regulations, approved by the City Council and shall be of a type and in locations approved by the City health authority. 3. Backflow Protection: The water piping system shall not be connected with nonpotable or questionable water supplies and shall be protected against the hazards of backflow or back siphonage. 4. Size And Pressure: The system shall be so designed and maintained as to provide a pressure of not less than twenty (20) pounds per square inch, under normal operating conditions at service buildings and other locations requiring potable • water supply and be of the size required by the City. 5. Fire Hydrants: Fire hydrants shall be required to maintain safe standards of fire protection, and shall be located not more than five hundred feet (500') from any trailer stand. D. Individual Water Riser Pipes And Connections: 1. Location: Individual water riser pipes shall be located within the confined area of the mobile home stand at a point where the water connection will approximate a vertical position. 2. Requirements: Water riser pipes shall extend at least four inches (4") above ground elevation. The pipe shall be at least three-fourths inch (3/4"). The water outlet shall be capped when a mobile home does not occupy the lot. 3. Prevention Of Freezing Of Service Lines: Adequate provisions shall be made to prevent freezing of service lines, valves and riser pipes and to protect risers from heaving and thawing actions of ground during freezing weather. Surface drainage shall be diverted from the location of the riser pipe. • 4. Shutoff Valve: A shutoff valve below the frost line shall be provided near the water riser pipe on each mobile home lot. E. Underground stop and waste valves shall not be installed on any water service. (Ord. 207, 6-1971) ME3 3-11 (19) • 3-11-9: SEWAGE DISPOSAL: A. General Requirements: All plumbing in the trailer court shall comply with State and local plumbing laws and regulations and must connect to the public sewer of the City and shall conform to all rules and regulations of the City. B. Location And Construction Of Lines: All sewer lines shall be located in trenches of sufficient depth to be free of breakage from traffic or other movements and shall be separated from the park water supply system at a safe distance. Sewers shall be at a grade which will ensure a velocity of two feet (2') per second when flowing full. All sewer lines shall be constructed of materials approved by the City, shall be adequately vented and shall have watertight joints. (Ord. 207, 6-1971) C. Individual Sewer Connections: 1. Sewer Riser Pipe: Each mobile home stand shall be provided with at least a three inch (3") diameter sewer riser pipe, the sewer riser pipe shall be so located on each stand that the sewer connection to the mobile home drain outlet will approximate a vertical position. (Ord. 207, 6-1971; amd. Ord. 222, 2-7-1972) • 2. Connection Diameter; Fittings And Joints: The sewer connection (see definition in Section 3-11-1 of this Chapter) shall have a nominal inside diameter of at least one-fourth inch (1/4") per foot. The sewer connection shall consist of one pipe line only without any branch fittings. All joints shall be watertight. 3. Materials: All materials used for sewer connections shall be semi-rigid, corrosive resistant, absorbent and durable. The inner surface shall be smooth. 4. Plugging Pipe When Lot Not Occupied; Surface Drainage: Provision shall be made for plugging the sewer riser pipe when a mobile home does not occupy the lot. Surface drainage shall be diverted away from the riser. The rim of the riser pipe shall extend at least four inches (4") above ground elevation. D. Sewage Treatment And/Or Discharge: Effluents from sewage or sewage treatment shall not be discharged into any waters of the State except with prior approval of the health authority, including the County and State Health Departments. E. Plumbing General Requirements: All plumbing within each trailer or mobile home shall conform to the minimum standards • of the State and local regulations and laws. All plumbing within the trailer court shall comply with State and local plumbing standards of the State and local regulations and laws, as well as the City. (Ord. 207, 6-1971) ME3 3-11 (20) • 3-11-10: ELECTRICAL DISTRIBUTION SYSTEM: A. General Requirements: Every park shall contain an electrical wiring system consisting of wiring, fixtures, equipment and appurtenances which shall be installed and maintained in accordance with applicable codes and regulations governing such systems. B. Power Distribution Lines: 1. Underground Installations: Main power lines shall be installed underground and must comply with all local and State requirements. 2. Direct Burial Conductors Or Cable: All direct burial conductors or cable shall comply with all State and local regulations, with a minimum buried distance of eighteen inches (18") below the ground surface, and specially designed for the purpose. Such conductors shall be located not less than one foot (1') radial distance from water, sewer, gas or communication lines. C. Individual Electrical Connections: Individual electrical connections shall conform to the requirements of the Electrical Code of the City'. • D. Required Grounding: All exposed noncurrent -carrying metal parts of mobile homes and all other equipment shall be grounded by means of an approved grounding conductor with branch circuit conductors or other approved method of grounded metallic wiring. The neutral conductor shall not be used as an equipment ground for mobile homes or other equipment. (Ord. 207, 6-1971) 3-11-11: SERVICE BUILDING AND COMMUNITY SERVICE FACILITIES: A. General Requirements: The requirements of this Section shall apply to service buildings, recreation buildings and other community service facilities such as: 1. Management offices, repair shops and storage areas; 2. Sanitary facilities; 3. Laundry facilities; 4. Indoor recreation areas; 5. Commercial uses supplying essential goods or services for • the exclusive use of park occupants. B. Service Buildings: Every trailer court that accepts or 1. See Title 10, Chapter 3 of this Code. ME3 3-11 (21) • accommodates dependent trailer coaches shall provide adequate flush type toilet fixtures and laundry facilities. In no instance shall there be less than one laundry unit, two (2) water closets, one lavatory and one shower or bathtub for women and one shower or bathtub for men. The foregoing listed facilities shall be the minimum required facilities to accommodate up to twenty (20) dependent trailer coaches. One additional water closet for each sex shall be provided for every ten (10) additional dependent trailer coaches. (Urinals may be substituted for 1/3 of the additional water closets.) One additional lavatory for each sex shall be provided for every ten (10) additional dependent coaches; and one additional shower or bathtub for each sex for every twenty (20) additional dependent coaches. Dependent trailer coaches shall be parked not more than two hundred feet (2001) from the service buildings. There shall be one laundry tray for every twenty (20) dependent trailer coach spaces. One shall be located at least fifteen feet (151) or more from any trailer coach space. C. Structural Requirements For Buildings: 1. Compliance With State And Local Regulations: The structure shall conform to all rules and regulations of the State codes and codes of the City. All portions of the structure shall be • properly protected from destructive elements. Exterior portions shall be of such materials and be so constructed and protected as to prevent entrance or penetration of moisture and weather. 2. Sanitary Or Laundry Facilities: All rooms containing sanitary or laundry facilities shall: a. Have sound resistant walls extending to the ceiling between male and female sanitary facilities. Walls and partitions around showers, bathtubs, lavatories and other plumbing fixtures shall be constructed of dense nonabsorbent, waterproof material or covered with moisture resistant material. b. Have at least one window or skylight facing directly to the outdoors. The minimum aggregate gross area of windows for each required room shall be not less than ten percent (10%) of floor space served by them. Such openings shall be adequately screened. c. Have at least one window which can be easily opened, or a mechanical device which will adequately ventilate the room, such opening or openings shall be adequately screened, to prevent access of insects. • 3. Toilets And Shower Stalls: Toilets shall be located in separate compartments equipped with self-closing doors. Shower stalls shall be of the individual type. The rooms shall be screened, to prevent direct view of the interior when the exterior doors are open. ME3 3-11 (22) 4. Illumination: Illumination levels shall be maintained as follows: a. General seeing tasks, five (5) foot-candles; b. Laundry room work area, forty (40) foot-candles; C. Toilet room, in front of mirrors, forty (40) foot-candles. 5. Hot And Cold water: Hot and cold water shall be furnished to every lavatory, sink, bathtub, shower and laundry fixture, and cold water shall be furnished to every water closet and urinal. 6. Heating Facilities: Have adequate heating facilities to maintain a temperature of seventy degrees Fahrenheit (70°F) during cold weather, and to supply a minimum of three (3) gallons of hot water per hour per coach space during time of peak demand. D. Barbecue Pits, Fireplaces, Stoves And Incinerators: Cooking shelters, barbecue pits, fireplaces and incinerators shall be so located, constructed, maintained and used as to minimize fire hazards and smoke nuisance both on the property on which used and on neighboring property. No open fire shall be • permitted except in facilities provided. No open fire shall be left unattended. No fuel shall be used and no material burned which emits dense smoke or objectionable odors. (Ord. 207, 6-1971) 3-11-12: REFUSE HANDLING: A. General Requirements: The storage, collection and disposal of refuse in the mobile home park shall be so conducted as to create no health hazards, rodent harborage, insect breeding areas, accident or fire hazards or air pollution. B. Containers: All refuse shall be stored in flytight, watertight, rodentproof containers, which shall be located not more than one hundred fifty feet (150') from any mobile home lot. Containers shall be provided in sufficient number and capacity to properly store all refuse and shall conform to the State and local minimum standards, under the health authority. C. Collection Stands: Refuse collection stands shall be provided for all refuse containers. Such container stands shall be so designed as to prevent containers from being tipped, to minimize spillage and container deterioration and to facilitate cleaning around them or as set forth by State and local trash collection regulations. • D. Collection: All refuse containing garbage shall be collected in accordance with City Codes. All refuse shall be collected and transported in covered vehicles or covered containers, at least once per week in winter and twice per ME3 3-11 (23) iweek in summer according to Title 4, Chapter 1 of this Code. E. Incinerators: 1. Conformance With State And Local Regulations: When incinerators are used, such incinerator shall be constructed only with approval of the State and local health authority, and must conform to the minimum specifications of State and local regulations. Such approval shall be based on a review of the plans and specifications for such incinerators and approval of the site where they will be located. Such approval shall specify the type of material which may be placed in the incinerators. 2. Attendant Required; Time Limit: Incinerators shall be fired only when attended by some person specifically authorized by the owner or operator of the trailer court, and then only during the daytime hours. Fire is to be extinguished at dusk. 3. Garbage Prohibited: Trash incinerators shall not be used for the disposal of garbage. (Ord. 207, 6-1971) 3-11-13: INSECT AND RODENT CONTROL: • A. General Requirements: Grounds, buildings and structures shall be maintained free of insect and rodent harborage and infestation. Extermination methods and other measures to control insects and rodents shall conform with the requirements of the health authority. B. Debris Accumulations: Parks shall be maintained free of accumulations of debris which may provide rodent harborage or breeding places for flies, mosquitoes and other pests. C. Storage Areas: Storage prevent rodent harborage; material shall be stored ground. areas shall lumber, pip at least one be so maintained as to e and other building foot (1') above the D. Screening Of Exterior Openings: Where the potential for insect and rodent infestation exists, all exterior openings in or beneath any structure shall be appropriately screened with wire mesh or other suitable materials. E. Weeds And Grass: The growth of brush, weeds and grass shall be controlled to prevent harborage of noxious insects. Parks shall be so maintained as to prevent the growth of noxious and unsightly weeds, or those which could be injurious to health. Open areas as well as areas about and under the trailer home • shall be maintained free of heavy undergrowth of any description. (Ord. 207, 6-1971) 3-11-14: FUEL SUPPLY AND STORAGE: ME3 • A. Natural Gas System: 3-11 (24) 1. General Requirements: Natural gas piping systems shall be installed and maintained in accordance with applicable codes and regulations governing such systems. 2. Manual Shutoff Valve: Each mobile home lot provided with piped gas shall have an approved manual shutoff valve installed upstream of the gas outlet. The outlet shall be equipped with an approved cap to prevent accidental discharge of gas when the outlet is not in use. B. Liquefied Petroleum Gas Systems: 1. General Requirements: Liquefied petroleum gas systems shall be installed and maintained in accordance with applicable codes and regulations governing such systems. 2. Safety Devices: Systems shall be provided with safety devices to relieve excessive pressures and shall be arranged so that the discharge terminates at a safe location. 3. Means Of Shutting Off Gas: Systems shall have at least one accessible means for shutting off gas. Such means shall be located outside the mobile home and shall be maintained in Is effective operating condition. 4. Protection Of Piping Against Injury: All LPG piping outside of the mobile homes shall be well supported and protected against mechanical injury. Undiluted liquefied petroleum gas in liquid form shall not be conveyed through piping equipment and systems in mobile homes. 5. Gas Containers: Liquefied petroleum gas containers installed on a mobile home lot shall be securely but not permanently fastened to prevent accidental overturning. Such containers shall not be less than five (5) nor more than two hundred (200) U.S. gallons' gross capacity. 6. Installation Restrictions: No liquefied petroleum gas vessel shall be stored or located inside or beneath any storage cabinet, carport, mobile home or any other structure, unless such installations are approved by the City Council and placed fifteen feet (15') or more from any adjacent lot line. C. Fuel Oil Supply Systems: 1. General Requirements: All fuel oil supply systems shall be installed and maintained in accordance with applicable codes and regulations governing such systems. • 2. Piping Installation: All piping from outside fuel storage tanks or cylinders to mobile homes shall be permanently installed and securely fastened in place. 3. Fastening Of And Location Of Tanks: All fuel oil storage ME3 3-11 (25) • tanks or cylinders shall be securely fastened in place and shall not be located inside or beneath any mobile home or less than five feet (5') from any mobile home exit. 4. Tanks Subject To Traffic: Storage tanks located in areas subject to traffic shall be protected against physical damage. (Ord. 207, 6-1971) 3-11-15: FIRE PROTECTION: A. General Requirements: Mobile home parks shall be kept free of litter, rubbish and other flammable materials. (Ord. 207, 6-1971) B. Portable Extinguishers: Portable fire extinguishers rated for classes B and C fires shall be kept in service buildings. Their capacity shall not be less than two and one-half (2'/2) pounds. (Ord. 207, 6-1971; amd. Ord. 222, 2-7-1972) C. Fires In Stoves: Fires shall be made only in stoves, incinerators and other equipment intended for such purposes. D. Fire Hydrants: Fire hydrants shall be located within five hundred feet (5001) of any mobile home, service building or • other structure in the park, measured within the curb line. The court area shall be subject to the City Fire Prevention Codes' and authority. (Ord. 207, 6-1971) 3-11-16: MISCELLANEOUS REQUIREMENTS: A. Responsibilities Of Park Management: 1. General Requirements: The person to whom a permit for a mobile home park is issued shall operate the park in compliance with this Chapter and shall provide adequate supervision to maintain the park, its facilities and equipment in good repair and in a clean and sanitary condition. 2. Notify Park Occupants Of Requirements: The park management shall notify park occupants of all applicable provisions of this Chapter and inform them of their duties and responsibilities under this Chapter. 3. Supervise Placement Of Homes And Stands: The park management shall supervise the placement of each mobile home on its mobile home stand. 4. Maintain Register Of Occupants: The park management shall • maintain a register containing the names of all park occupants identified by lot number or street address, such register shall be available to any authorized person inspecting the 1. See Title 10, Chapter 4 of this Code. ME3 3-11 (26) • park. 5. Notify City Of Contagious Disease: The park management shall notify the City Clerk immediately of any suspected communicable or contagious disease within the park. 6. Authority To Construct Storage Buildings: The owner or operator of a trailer court may construct an individual auxiliary storage building on each trailer coach space in the trailer court; provided, the building has a minimum setback of five feet (5') from adjacent trailer coach spaces; and has a minimum setback of fifteen feet (15') from any public street or highway right of way. B. Responsibilities Of Park Occupants: 1. General Requirements: The park occupant shall comply with all applicable requirements of this Chapter and shall maintain his mobile home lot, its facilities and equipment in good repair and in a clean and sanitary condition. 2. Placement Of Home; Utility Installations: The park occupant shall be responsible for proper placement of his mobile home on its mobile home stand and proper installation of all • utility connections in accordance with the instructions of the park management, and ordinances and regulations of the City. 3. Pets Running At Large; Nuisances: Pets, if permitted in the park, shall be prohibited to run at large or to commit any nuisance within the limits of any mobile home lot. Ordinances of the City shall be complied with concerning Title 6, Chapter 2 of this Code, "Animal Control". 4. Skirting, Porches And Awnings; Storage Areas: Skirting, porches, awnings and other additions shall be installed only if permitted and approved by the park management. When installed, they shall be maintained in good repair. The space immediately underneath a mobile home shall be used for storage only if permitted by the park management. If permitted, the following conditions shall be satisfied: a. The storage area shall be provided with a base of impervious material. b. Stored items shall be located so as not to interfere with the underneath inspection of the mobile home. c. The storage area shall be enclosed by skirting. 5. Garbage Disposal: The park occupant shall store and dispose • of all his rubbish and garbage in a clean, sanitary and safe manner. The garbage container shall be rodentproof, insectproof and watertight, in conformance to Title 4, Chapter 1 of this Code, "Sanitary Service System". 6. Fire Extinguishers: First aid fire extinguishers for class ME3 3-11 (27) • B and C fires shall be kept at the premises and maintained in working condition. 7. Compliance With Building And Other Codes: Prefabricated structures intended for habitation, or mobile homes or trailers from which the wheels have been removed, and placed on any lot or parcel of land shall be subject to all the Building Code, Electrical Code, Plumbing Code' and sewer code' requirements. Any deficiencies shall prohibit the placement on any lot, parcel or mobile home court within the limits of the City. (Ord. 207, 6-1971; amd. Ord. 222, 2-7-1972) 3-11-17: USE OF TRAILER COACHES: No trailer coach shall be used for dwelling or sleeping purposes except in a trailer court. (Ord. 112, 6-5-1961) 3-11-18: ABROGATION AND GREATER RESTRICTIONS: In any case where a provision of this Chapter is found to be in conflict with a provision of any other ordinance or code of the City existing on the effective date of this Chapter, the provision which, in the judgment of the City Council, • establishes the higher standard for the promotion and protection of the health and safety of the people shall prevail. In any case where a provision of this Chapter is found to be in conflict with a provision of any other ordinance or code of the City existing on the effective date of this Chapter which establishes a lower standard for the promotion and protection of the health and safety of the people, the provisions of this Chapter shall be deemed to prevail, and such other ordinances or codes are hereby declared to be repealed to the extent that they may be found in conflict with this Chapter. (Ord. 207, 6-1971) 3-11-19: EFFECTIVE DATE: This Chapter shall be effective on and after June 7, 1971. (Ord. 207, 6-1971) 3-11-20: PENALTY: Any person who violates any provision of this Chapter shall, upon conviction, be subject to penalty as provided in Section 1-4-1 of this Code; and each day's failure of compliance with any such provision shall constitute a separate violation. • (Ord. 207, 6-1971; 1997 Code) 1. See Title 10 of this Code. 2. See Title 9 of this Code. ME3 • !TITLE! 4 PUBLIC HEALTH AND SAFETY Sanitary Service System . . . . . . . . . . . . . . Nuisances . . . . . . . . . . . . . . . . . . . . . Weeds . . . . . . . . . . . . . . . . . . . . . . . Abandoned Or Inoperable Vehicles Or Personal Property T4 (1) 1 2 3 4 Due to the age of the legislation, we have not included in the new Code the following chapters contained in the 1955 City Code. If the City does, in fact, still enforce any of the chapters or provisions, so indicate by checking the "Retain" blank line. Chapter Title & Number omit Retain Eating And Drinking Establishments (7-1) Milk Products (7-2) • If any of the above chapters should be retained, we will include them in this Title 4. Also keep in mind that if any of such chapters are retained, the City needs to review all the provisions of same for accuracy and current practices of the City, as one of the goals in recodifying is the omission of obsolete legislation and the inclusion of up-to-date, enforceable provisions. If the City has re -written text for any the above chapters, or any additional health regulations, please include same with the Code Workbook when the Workbook is returned to Sterling for final changes before publication. Are any such re -written chapters included? If so, please list them below: Response: Remember that sample provisions are available upon request. The following samples are requested? Response: None requested , Send samples regarding the following subjects: 40 • • • ME3 CHAPTER 1 SANITARY SERVICE SYSTEM Statute authority, I.C. 35 18-7031 and 50-344. 4-1 (1) Please review this Chapter carefully for accuracy and current practices of the City, as a substantial amount of the provisions are derived from 1958 legislation. Indicate any omissions, changes or additions deemed appropriate. Response: SECTION: 4-1--1: Definitions 4-1--2: Responsible Authority 4-1--3: Compulsory Use Requirement 4-1--4: Refuse Collection System; License Or Contract Required 4-1--5: Rules And Regulations; Board Of Adjustment 4-1--6: Collection Fees 4-1--7: Billing And Collection Of Fees 4-1--8: Disposition Of Fees 4-1--9: Refuse Container Requirements 4-1-10: Collection Period 4-1-11: Special Handling Of Rubbish; Compost 4-1-12: Garbage Accumulations By Businesses 4-1-13: Accumulation Of Refuse Prohibited 4-1-14: Burning And Dumping Restricted 4-1-15: Disposal Site 4-1-16: Inspection; Right Of Entry 4-1-17: Materials Not Collectible 4-1-18: Penalty !2R! 4-1-1: DEFINITIONS: !DEF! COLLECTOR: The term "collector", whenever herein used, shall mean the person holding a license or contract with the City of Meridian, or employed by the City of Meridian to collect, handle, transport and dispose of refuse and wastes. GARBAGE: Shall include all putrescible waste, except sewage and body waste, including waste accumulated of animal food or vegetable matter, and including waste that attends the preparation, use, cooking, dealing in or storing of meat, fish, fowl, fruit and vegetables, and shall include all of such wastes or accumulations of vegetable matter of residences, restaurants, hotels and places where food is prepared for human consumption. The term "garbage" shall not include recognized industrial by-products. ME3 4-1 (2) INSPECTOR: The authorized employee or employees of the City of Meridian or some individual designated by the City Council as having the duty of enforcement of this Chapter. OWNER OR OCCUPANT: A. Owner: The person owning the real property where garbage or other refuse is created or accumulated. B. Occupant: The person in possession, charge or in control of any dwelling, flat, rooming house, or any eating place, shop, place of business, manufacturing or business establishment where garbage or other refuse is created or accumulated. PERSON: Any person, firm, partnership, association, institution or corporation, and in the plural as well as singular. REFUSE: Solid wastes, including garbage and rubbish. RUBBISH: Refuse other than garbage (tin cans, bottles, ashes, paper, pasteboard, cardboard or wooden boxes, brush, leaves, weeds, and cuttings from trees, lawns, shrubs, and gardens or • other waste materials produced in normal course of doing business or everyday living). The term "rubbish" shall not include recognized industrial by-products. WASTE: Unwanted solid, liquid, or gaseous materials. (Ord. 95, 6-2-1958; amd. Ord. 375, 7-7-1980) !DEFEND! 4-1-2: RESPONSIBLE AUTHORITY: The Chief of Police and such other persons as may be appointed by the Mayor and Council shall be responsible for the enforcement of the provisions of this Chapter and other duties as the City Council may prescribe, and there shall be designated as a member of the Police Department, a Sanitary Inspector, who shall enforce the same under the supervision of the Chief of Police. (Ord. 95, 6-2-1958) Is the Chief of Police the City official who currently enforces the provisions of this Chapter? Response: Yes , No , Change as follows: • Is there a "Sanitary Inspector" for the City, as stated above? If a text change is deemed appropriate, please provide exact wording. Response: • ME3 4-1 (3) 4-1-3: COMPULSORY USE REQUIREMENT: A. Use Of Collection System Required: Every owner and occupant of premises within the prescribed limits of the City must use the refuse collection and disposal system herein provided and shall deposit or cause to be deposited in accordance with this regulation all rubbish and garbage that is of such nature that it is perishable, or may decompose, or may be scattered by wind or otherwise, which is accumulated on such premises. B. Special Permit Issuance For Special Circumstances: Provided, further, that in areas in the City where the collection of garbage and refuse on the schedules hereinafter set forth would be impracticable, the City Council may issue a special permit altering the time and extent of collection. (Ord. 95, 6-2-1958) 4-1-4: REFUSE COLLECTION SYSTEM; LICENSE OR CONTRACT REQUIRED: • A. System Established; License Or Contract: There is hereby established a system of refuse collection, transportation and disposal. It shall be unlawful for any person to engage in the business of collecting, transporting, hauling, or conveying any refuse over the streets or alleys of Meridian, or to dump or dispose of the same, unless and until such person is licensed therefor, or has a contract therefor as an authorized representative of the City. B. Council Authority: The Mayor and Council is the sole authority to license, contract or perform all services pertaining to sanitary collection and disposal under the provisions of this Chapter and to establish reasonable fees for licenses and is authorized to enter into contracts with one or more contractors, and may establish reasonable rules and regulations governing the conduct and operation of such licensees or contractors. B. Bond: The Council may require of any such collector or contractor a bond in a reasonable amount, and the condition of which shall be the satisfactory performance of the contract. (Ord. 95, 6-2-1958) 4-1-5: RULES AND REGULATIONS; BOARD OF ADJUSTMENT: • The City Council is hereby granted the authority to adopt rules and regulations pertaining to the sanitary sewer system, including but not limited to the setting of fees and rates and the City Council is hereby authorized to appoint a Board of Adjustment consisting of the Sanitary Sewer System ME3 4-1 (4) • Commissioners, and the sanitary service system contractor and the City Treasurer. The Board of Adjustment shall have the duty to propose rules and regulations and in certain situations adjust rates, service and fees as necessary. (Ord. 370, 5-19-1980) Is bolded terminology current? See Section 1-7-6 of this Code for assignment of department commissioners. The above commissioners are not listed in said Section 1-7-6. Response: Yes , No , Change as follows: 4-1-6: COLLECTION FEES: A. Fees Set By City Council: of garbage and rubbish shall of the Council of the City. Fees and rates for the collection be set by rules and regulations B. Special Permit For Special Circumstances: Provided further, that where the enforcement of the provisions of this Chapter • will work a financial hardship, or where the amount of rubbish and garbage is of such small amounts as to not warrant the collection of the full charges as herein provided, the Mayor and Council may issue a special permit altering the provisions of this Chapter. (Ord. 181, 4-7-1969) 4-1-7: BILLING AND COLLECTION OF FEES: Fees shall be billed to and paid by the owner of the premises served by the sanitary service system. Fees shall be carried on the water bill, and the same shall be paid with the water bill, and the Water Department is authorized to discontinue service to the owner's premises if the entire water and garbage bill shall not be paid. Said sanitary service system fees which become delinquent shall be treated the same as water delinquent fees and shall be subject to the same penalties, including the same shall become a lien on the premises and shall be collected with the taxes. Further, any owner leaving a delinquency at one location shall not be entitled to service at a new location until all delinquencies in sanitary service system fees are paid. (Amd. Ord. 375, 12-15-1980) 4-1-8: DISPOSITION OF FEES: • The proceeds from the collection of fees and charges herein provided shall be placed in a special fund to be known as the "Sanitary Service Revenue Fund", and all expenses of the City in the operation of the sanitary collection system shall be paid out of such Fund and any surplus remaining therein at the ME3 4-1 (5) • end of each fiscal year may be transferred by the Council to the General Fund. (Ord. 95, 6-2-1958) 4-1-9: REFUSE CONTAINER REQUIREMENTS: A. Container Requirements: It shall be the duty of every owner or occupant of any place where garbage or rubbish is created or accumulated to at all times keep or cause to be kept portable appurtenances consisting of metal or other approved type of container for the deposit therein of rubbish and garbage, and except as otherwise provided, to deposit or cause to be deposited all rubbish and garbage therein. All garbage shall, before deposit in such can, be wrapped in paper or other material so as to prevent the escape of liquids therefrom. All such containers shall be watertight, not easily corrodible, rodent, and flyproof, and shall be equipped with handles and a close fitting lid. Such containers shall not be less than twenty (20) gallons' capacity nor more than thirty two (32) gallons' capacity, and limited to eighty (80) pounds in weight. The containers shall not be less than twenty eight (28) gauge metal or the equivalent, and be hot -dipped after fabrication to ensure nonleaking cans or a can that is guaranteed by the manufacturer, and also labelled, to be leakproof regardless of manufacturing processes. Such lid • shall not be removed except when necessary to place garbage and rubbish in such container or to take the same therefrom. Whenever garbage or rubbish is placed therein or taken therefrom, such lid shall be replaced by the person placing or taking therefrom such garbage or rubbish. B. Maintenance Of Containers: Such containers shall be kept in sanitary condition, with the inside and outside thereof washed at such times as to keep the same free and clean of all accumulating grease and decomposing material and so that no odor nuisance shall exist. C. Location Of Containers: All garbage or refuse cans shall be kept in a place accessible to the collector; provided, that in the case of isolated dwellings or places of business or where reasonable access cannot be had by a truck, the cans may be kept in such places as may be agreed by the owner and collector, or at such place as may be designated by the inspector; provided further, that whereas there is no alley entrance, such cans shall be placed on the street curb on collection day. (Ord. 370, 5-19-1980) 4-1-10: COLLECTION PERIOD: • Collectors shall collect rubbish and garbage from each customer of such collector at least once each week, or as provided by the rules and regulations of the City Council as allowed in Section 4-1-5 of this Chapter. (Ord. 370, 5-19-1980) ME3 4-1 (6) • 4-1-11: SPECIAL HANDLING OF RUBBISH; COMPOST: A. Handling Of Rubbish: Rubbish consisting only of cardboard, or wooden boxes, brush, leaves, weeds and cuttings from trees, lawns, shrubs, and gardens, may be kept separately without depositing in such containers; provided, that bulk materials, such as leaves shall be in a can, box, sack, or receptacle for ease of loading and such material as brush and limbs shall be tied in bundles not to exceed four feet (41) in length. B. Compost Piles: Compost piles may be maintained for fertilization purposes and matter used for fertilization purposes only may be transported, kept and used; provided, that the same shall not constitute a nuisance. C. Compliance With Fire Department Regulations: Nothing contained in this Section shall be construed so as to permit any violation of any laws or any rules or regulations of the Fire Department. (Ord. 95, 6-2-1958) 4-1-12: GARBAGE ACCUMULATIONS BY BUSINESSES: A. Designation As Separate Class Of Premises: To ensure the • health of the inhabitants of the City, the Council hereby ordains that premises and businesses, such as, but not limited to, restaurants, grocery stores, hospitals, butcher shops and establishments wherein large accumulations of garbage occur, are nuisances to the extent that the same shall be, and are hereby in the manner and method hereinafter provided, designated as a separate class of premises for the collection and disposal of garbage and rubbish and the same shall be deposited separately in suitable cans and containers. The Inspector shall designate such premises wherein large accumulations of garbage occur and shall notify the owner of such premises of such designation. B. Deposits Of Garbage In Containers: After such notification by the Inspector, all rubbish and garbage accumulated upon such premises shall be deposited separately, in containers for garbage as approved by the Council. (Ord. 95, 6-2-1958) 4-1-13: ACCUMULATION OF REFUSE PROHIBITED: It shall be unlawful for any person to permit or to suffer to accumulate in or about any yard, lot, place or premises, or upon any street, alley or sidewalk adjacent to such lot, yard, place or premises owned or occupied by such person, any garbage or refuse so as to cause such yard, lot, premises, or • the street, alley or sidewalk adjacent thereto, to be or remain in such condition as to cause or create a nuisance or offensive odor or atmosphere or rodent harborage, or thereby to be or to become, or cause or create, a public nuisance, within the limits of the City. (Ord. 95, 6-2-1958) ME3 4-1 (7) • 4-1-14: BURNING AND DUMPING RESTRICTED: No person shall burn, incinerate, bury, dump, collect, remove or in any other manner dispose of rubbish or garbage within the limits of Meridian, except as hereinafter provided. A. Incinerators: 1. Interior Incinerators: Any person may use an incinerator in the interior of a building between the hours of seven o'clock (7:00) A.M. and seven o'clock (7:00) P.M., provided such incinerator meets the requirement of the Building Code'. 2. Exterior Incinerators: Burning of rubbish is allowed to exterior incinerators between the hours of nine o'clock (9:00) A.M. and five o'clock (5:00) P.M. Such incinerators shall be built of noncombustible material and shall have a minimum ten foot (10') stack covered by one inch (1") wire mesh screen. Nothing herein shall be construed to prohibit the use of outdoor fireplaces, barbecue pits, or grills, in preparing of food or for recreational purposes. B. Open Burning: Burning of rubbish may be done in vacant lots by the owner thereof upon obtaining a permit from the Fire Department for such burning'. • C. Deposits In Streets, Ditches: No person shall throw, discard or deposit any rubbish, garbage, or refuse in or upon any street, alley, sidewalk or vacant ground, or in or upon any canal, irrigation ditch, drainage ditch or other watercourse. (Ord. 95, 6-2-1958) 4-1-15: DISPOSAL SITE: A. Designation Of Site: For the purpose of the protection and preservation of the health and welfare of the inhabitants of the City, there is hereby established at such places and location as the City Council may from time to time designate by motion or order, a place for the dumping and depositing of rubbish and garbage and any such place or location shall be known and the same is hereby designated as the "City disposal site". B. Authority Of Inspector: The Inspector shall have the authority of a police officer to enforce all the laws, rules and regulations governing the City disposal site. The location of the City disposal site shall be chosen with regard to drainage and topography for the operation of a sanitary landfill. All rubbish and garbage deposited at the City • disposal site shall be covered with alternate layers of earth. The exact method of earth fill, and amount and depth of layers 1. See Title 10, Chapter 1 of this Code. 2. See also Title 5, Chapter 2 of this Code. r1 U • 0 ME3 of earth, and regulations for ro prescribed by the Inspector, in the health authorities, for each site for the same is designated. 4-1 (8) dent and pest control shall be cooperation and agreement with City disposal site as the (Ord. 95, 6-2-1958) 4-1-16: INSPECTION; RIGHT OF ENTRY: The Chief of Police, or such person the Sanitary Inspector, or any othe enforcement of laws shall have the to any premises for the purpose of containers where rubbish or garbage (Ord. 95, 6-2-1958) 4-1-17: MATERIALS NOT COLLECTIBLE: as may be designated as r person concerned with the right of ingress or egress inspecting all places and is accumulated or kept. Dirt or earth debris from construction or lawn renovation, rocks, stones, automobile bodies and parts, dead animals, building materials such as masonry plaster, scrap lumber, and wood shavings, are not acceptable for collection, and such items shall be collected and disposed of by the building contractor, owner, or occupant of the premises. (Ord. 95, 6-2-1958) 4-1-18: PENALTY: The violation of any of the provisions of this Chapter or the rules and regulations adopted hereunder shall be a misdemeanor punishable as provided in Section 1-4-1 of this Code. (Ord. 370, 5-19-1980; 1997 Code) ME3 • CHAPTER 2 NUISANCES 4-2 (1) For statute authority regarding abatement of nuisances by cities, see I.C. SS 50-334 and 50-1008. SECTION: 4-2-1: Nuisances Defined 4-2-2: Rubbish On Streets, Alleys Or Sidewalks 4-2-3: Water Or Bonfires On Street, Air Conditioner Water 4-2-4: Noises; Public Address Systems 4-2-5: Obstructions On Sidewalks 4-2-6: Offensive Matter 4-2-7: Refuse In Buildings; Stagnant Water 4-2-8: Nuisance Abatement !2R! 4-2-1: NUISANCES DEFINED: Anything which is injurious to health or which is indecent or offensive to the senses, or an obstruction to the free use of property, or unlawfully obstructs free passage or use in the customary manner of any street, alley or sidewalk or public • park, or injures any street or alley, or disturbs the peace and quiet is hereby declared to be a nuisance. (1955 Code § 8-901) 4-2-2: RUBBISH ON STREETS, ALLEYS OR SIDEWALKS: Any person who shall wilfully or negligently throw, dump, store or deposit upon any sidewalk, street, alley, or public place, or any portion thereof, any glass, nails, tacks, hoops, cans, barbed wire, boards, or any other substance or material which would be likely to injure any horse, stock, vehicle or person travelling thereon, or which obstructs or impedes the free passage of pedestrians or public travel upon such sidewalk, street, alley, or public place, or any portion thereof, shall be deemed in violation of this Chapter. (1955 Code § 8-902) 4-2-3: WATER OR BONFIRES ON STREET; AIR CONDITIONER WATER: A. Irrigation Water Flowing Upon Streets: It shall be unlawful for any person to wilfully or negligently allow irrigation water to flow upon the streets of the City in such a manner that it stands in pools or continuously flows upon said • streets. B. Burning Leaves Or Grass Upon Streets: It shall be unlawful for any person to burn leaves, grass or other material upon the streets of the City. ME3 • C. Overflow Water for any person to to run across or City. (1955 Code 4-2 (2) From Air Conditioners: It shall be unlawful allow overflow water from air conditioners stand upon the sidewalks or streets of the § 8-904) 4-2-4: NOISES; PUBLIC ADDRESS SYSTEMS: A. Radios, Televisions, Loudspeakers: It shall be unlawful for any person to operate a radio, television set, loudspeaker or other noisome device in such a manner that it disturbs the peace and quiet of nearby residents. B. Public Address Systems; Permit: The use of public address systems, whether stationary or mobile, are prohibited without first obtaining a permit from the City Clerk therefor. In the case of the use of a stationary public address system, a permit shall be issued only after an application for such permit has been signed by seventy five percent (75%) of occupants of residences within a radius of five hundred feet (5001) of the proposed location of such public address system. (1955 Code § 8-905) Is the signing "by 75% of occupants of residences" what is currently being enforced in Meridian? Who determines the 75% • of occupants? If a change in text is deemed appropriate, please provide exact language. Response: Is the 500 foot distance correct? Response: Yes , No , Change as follows: 4-2-5: OBSTRUCTIONS ON SIDEWALKS: It shall be unlawful for any signs, merchandise or other sidewalk of the City. (1955 4-2-6: OFFENSIVE MATTER: person to place any display obstructions upon any public Code § 8-906) • It shall be unlawful for any person to place upon any property, or to allow to remain upon any property within his control any matter which is offensive to the senses or injurious to health. (1955 Code § 8-907) ME3 4-2 (3) • 4-2-7: REFUSE IN BUILDINGS; STAGNANT WATER: A. Refuse; Stagnant Water Prohibited: No person shall permit or suffer to be in or accumulate in, or upon any yard, lot, place or premises or upon any street or sidewalk adjacent to or abutting upon any lot, block, place or premises or in any building or shed owned or occupied by him or for which he may be an agent within the City limits, any stagnant or impure water, refuse, vegetable decay or decaying substance, garbage or filth of any kind, nor suffer any yard, lot, place, building or premises to be or to remain in such condition as to cause or create a noisome or offensive smell, or to pollute or render unhealthful the atmosphere or the premises or thereby to be, become, cause or create a public nuisance. (1955 Code § 7-401) B. Penalty: Any person who shall fail to clean up said premises and to abate such nuisance and cease to violate subsection A of this Section for forty eight (48) hours after having received notice from the Chief of Police so to do, shall be deemed guilty of a misdemeanor. (1955 Code § 7-402) Is the time period correct? Response: Yes , No , Change as follows: • 4-2-8: NUISANCE ABATEMENT:' Section 4-2-8 has been added by Sterling. Are we correct in assuming that the procedure for weed abatement also applies to abatement of the various nuisances provided for in this Chapter? Response: Retain Section 4-2-8 as is Retain Section with changes as presented by City Omit Section E • • • ME3 CHAPTER 3 WEEDS For nuisance abatement authority, see I.0 and 22-2401 et seq. SECTION: 4-3-1: Nuisance Condition Prohibited 4-3-2: Notice To Abate 4-3-3: Appeal 4-3-4: Time Period For Abatement 4-3-5: Failure To Abate; Legal Action 4-3-6: Abatement By City !2R! 4-3-1: NUISANCE CONDITION PROHIBITED: 4-3 (1) 88 50-334, 50-1008 No owner of any lot, place, or area within the City, or occupant or person in control of same, shall permit on such lot, place or area or upon any street, sidewalk or public right of way abutting the same a public nuisance to exist as herein defined and found to exist by the Fire Chief or his authorized representative. A. Weeds, Dry Grass: All weeds, dry grasses, dead shrubs, dead trees, rubbish or any material growing upon the streets, sidewalks, adjacent public right of way or upon private property within the City, which by reason of size, manner of growth or location constitute a fire hazard to any building, improvements, crops or other property, and weeds and grasses which, when dry, will in reasonable probability constitute such a fire hazard, are hereby declared to be a public nuisance. B. Cultivated And Useful Grasses: Cultivated and useful grasses and pastures shall not be declared a public nuisance. However, if the Fire Chief, or his authorized representative, shall determine it necessary to protect adjacent improved property from fire exposure, an adequate firebreak may be required. C. Waste Matter: 1. Waste matter as hereinafter defined, which by reason of its location and character is unsightly and interferes with the reasonable enjoyment of property by neighbors, or which would materially hamper or interfere with the prevention or suppression of fire upon the premises, or the abatement of a nuisance as defined by this Chapter, is hereby declared a public nuisance. 2. "Waste matter" is defined for the purpose of this Chapter as unused or discarded matter having no substantial market value, which is exposed to the elements and is not enclosed in ME3 4-3 (2) • any structure or otherwise concealed from public view, and which consists (without limitation or exclusion by enumeration) of such matter and material as: a. Rubble, asphalt, concrete, plaster, tile; and b. Rubbish, crates, cartons, metal and glass containers. (Ord. 434, 6-18-1984) 4-3-2: NOTICE TO ABATE: A. Issuance; Contents Of Notice: If it is determined by the Fire Chief or his authorized representative that a public nuisance, as herein defined, exists on any lot, place or area, or upon any street, sidewalk, or public right of way abutting the same, the Chief of the Fire Department shall cause a notice to be issued to abate such nuisance. Such notice shall be headed "Notice to Clean Premises", shall contain a description of the property in general terms reasonably sufficient to identify the location of the nuisance, shall describe the nuisance in terms reasonably sufficient to identify the same; shall direct the abatement of the nuisance, shall specify the penalty provisions as provided herein; and shall specify the appeal process as provided herein. • B. Serving Of Notice: The notice above referenced may be served in the following ways: (Ord. 434, 6-18-1984) 1. By personal service on the owner of said lot, place or area, if owner lives within the City, or by personal service on the occupant or person in charge or control of the property, if such person can be identified; and 2. If said owner does not live within the City, by registered mail to the owner, at the address shown on the last available assessment role, or as otherwise known; or by personal service on the occupant or person in charge or control of the property; if such person can be identified; and (Ord. 510, 6-6-1989) 3. Should the owner not be known or have an available address, by posting at a conspicuous place on the land or abutting public right of way and insertion of an advertisement at least once a week for the period of two (2) weeks in the official newspaper of the City, and by personal service on the occupant or person in charge or control of the property, if such person can be identified. Said newspaper advertisement shall be a general notice that property in the City has been posted in accordance with this Chapter and contain a general statement • of the effect of such postings. The date of such newspaper advertisements shall not be considered in computing the appeal periods provided by this Chapter. (Ord. 434, 6-18-1984) 4-3-3: APPEAL: ME3 4-3 (3) • Within ten (10) days from the date of posting, mailing or personal service of the required notice, the owner or person occupying or controlling such lot, place or area affected may appeal to the City Council. Such appeal shall be in writing and shall be filed with the City Clerk. At the regular meeting or regular adjourned meeting of the City Council, not less than ten (10) days nor more than twenty six (26) days after receipt of the appeal, the City Council shall proceed to hear and pass upon such appeal, and the decision of the City Council thereupon shall be final and conclusive. (Ord. 434, 6-18-1984) 4-3-4: TIME PERIOD FOR ABATEMENT: It shall be the duty of the owner or person occupying or controlling any lot, place or area in the City which has been declared a public nuisance as provided herein within ten (10) days from the date of notification, as provided herein, or in case of an appeal to the City Council, within ten (10) days from the determination thereof, unless the same is sustained, to remove the nuisance as stated. (Ord. 434, 6-18-1984) 4-3-5: FAILURE TO ABATE; LEGAL ACTION: • A. Notice To City Attorney: Upon the failure, neglect or refusal of any owner or occupant so notified to remove the public nuisance as herein defined, within the time specified in this Chapter, the Chief of the Fire Department shall notify the City Attorney in writing of the last known legal owner and property description in general terms. (Ord. 510, 6-6-1989) B. Legal Action: The City Attorney may cause legal action to be taken through the Magistrate's Court for action as follows: the owner or person in control of any lot, place or area within the City who shall permit or allow the existence of a public nuisance as defined in this Chapter, upon any lot or premises owned, occupied or controlled by him, or who shall violate any of the provisions of this Chapter, shall be guilty of a misdemeanor and, upon conviction thereof, shall be subject to penalty as provided in Section 1-4-1 of this Code, or the City Attorney, in his discretion, may also take civil action to obtain an order from said Court enjoining the maintenance of said public nuisance, which, such court order shall include reimbursement to the City of its costs and attorney's fees. (Ord. 510, 6-6-1989; 1997 Code) 4-3-6: ABATEMENT BY CITY: • Upon direction of the City Council and at the City Council's discretion, upon the failure, neglect or refusal of any owner or occupant so notified to remove the public nuisance as herein defined within the time specified in this Chapter, the Chief of the Fire Department shall notify the City Clerk's ME3 4-3 (4) • office in writing of the known legal owner and property description in general terms. The City Clerk's office shall proceed with the work specified in the notice. The cost of the work shall be transmitted to the Council, who shall cause the same to be paid and levy a special assessment against the property, for such cost which shall be collected with the real property taxes assessed against said property. (Ord. 510, 6-6-1989) U • ME3 4-4 (1) • CHAPTER 4 ABANDONED OR INOPERABLE VEHICLES OR PERSONAL PROPERTY Statute authority, I.C. 55 50-334 and 49-1801 et seg. SECTION: 4-4--1: Declaration Of Findings, Intent And Purpose 4-4--2: Definitions 4-4--3: Vehicles Or Property Abandoned On Streets Or Public Places 4-4--4: Junk Vehicles Or Junk Personal Property Prohibited 4-4--5: Exemptions 4-4--6: Public Nuisance 4-4--7: Order To Remove Junk Vehicle 4-4--8: Notice Of Removal 4-4--9: Appeals 4-4-10: Removal Of Junk Vehicle 4-4-11: Refusal To Remove Vehicle; Legal Action 4-4-12: Notice Of Unlawful Use Of Property 4-4-13: Hindering Authorized Person 4-4-14: Penalty For Additional Or Continued Violation !2R! • 4-4-1: DECLARATION OF FINDINGS, INTENT AND PURPOSE: A. Findings: The City Council hereby finds that there is within the City limits, as has been for some years past, an accumulation, on private as well as public property, of abandoned, dismantled, inoperative, wrecked or stolen vehicles, or parts thereof, and of other abandoned, unused, inoperable, dilapidated or deteriorating personal property; that such property, or an accumulation thereof, is an aesthetic pollution deterring from the beauty of the City and is unsightly; that it detracts from tourism and the economic welfare of the City; that it detracts from the City's ability to attract new business and industry; that such property or an accumulation thereof promotes blight and deterioration, invites plundering, looting and theft, creates, and is, a fire hazard, can be, and is, a harborage for rodents and insects, can be, and is, an attractive nuisance for children where they may be injured or harmed; that such property, or accumulations thereof reduces property values; that it is injurious to the health, safety and general welfare of the residents of the City, whether it be located on public or private property. B. City Authority: The City is authorized and empowered, pursuant to Idaho Code section 50-302, to make and adopt all such ordinances as may be expedient to maintain the peace, is commerce, government and general welfare of the City and its trade, commerce, and industries and, pursuant to Idaho Code section 50-334, is authorized and empowered to declare what shall be deemed nuisances, to prevent, remove and abate nuisances at the expense of the parties creating, causing, committing or maintaining the same and to levy a special assessment as ME3 4-4 (2) . provided in Idaho Code section 50-1008 on the land or premises whereon the nuisance is situated to defray the cost or reimburse the City for abating the same. The above specific provision which allows a special assessment on the land where the nuisance is located is interpreted to mean that the City has authority to abate nuisances on private land and property as the City has no authority to assess a special levy on any land or property other than private property. C. Declaration Of Nuisance: The presence of abandoned, wrecked, dismantled, inoperative or stolen vehicles, or parts thereof, and other unused, inoperable, dilapidated, or deteriorating personal property on private or public property, except as expressly hereinafter permitted, is hereby declared to constitute a public nuisance which may be abated as such in accordance with the provisions of this Chapter. D. Purpose And Intent: It is the purpose and intent of this Chapter to allow the City officials to require the owners of real property within the City limits to clean up their real property and remove any or all abandoned, dismantled, inoperative, wrecked or stolen vehicles, or parts thereof, and any or all abandoned, unused, inoperative, dilapidated or deteriorating personal property. • E. City Policy; Owner Responsibility: It is the policy of the City and the declared intent and purpose of this Chapter that it is the owner of the real property that has the duty and responsibility to maintain his own land and comply with this Chapter and abate said nuisances or pay the cost of such abatement. (Ord. 508, 6-6-1989) 4-4-2: DEFINITIONS: For purposes of this Chapter only, the following terms shall be defined as ascribed in this Section: !DEF! ABANDON: To leave a vehicle or personal property on private property without the permission of the owner or the person having rights to the possession of the property for any period of time, or on a highway or street or other property open to the public for the purposes of vehicular, traffic or parking, or upon or within the right of way of any highway or street, for seventy two (72) hours or longer; provided however, that even where the owner or the person entitled to possession of the property grants permission to leave a vehicle or personal property or where it is the owner or the person entitled to possession of the property who leaves the vehicle or personal property on his own property, the vehicle • or personal property shall be deemed abandoned if left open to public view and unmoved, unattended, or unused for three (3) days or longer. ABANDONED VEHICLE: A vehicle which has been abandoned. ME3 4-4 (3) . JUNK PERSONAL PROPERTY: Personal property that is refuse or waste as defined in subsection 4-3-lC2 of this Title or valueless or is not being used for the originally intended manufactured use of the personal property or is not being used for any beneficial purpose under a reasonable man standard or is in a dilapidated condition or is in a state of disrepair or is not capable of being used for its original purpose or constitutes litter or garbage or trash or rubble. Is the bolded word "man" necessary? Response: Yes ; No, omit word ; Change as follows: JUNK VEHICLE: A wrecked, dismantled, or inoperative vehicle, or a part thereof. PERSONAL PROPERTY: All property other than real property. STOLEN VEHICLE: A vehicle or property which has been reported to the Meridian Police Department or a state or county peace officer to be stolen or which is reasonably believed by such • Department or peace officer to be stolen. UNIDENTIFIED VEHICLE OR UNIDENTIFIED PROPERTY: Any vehicle or property of which the ownership cannot be ascertained. VEHICLE: Shall have the same definition as contained in Idaho Code section 49-123 V(2)(a). WRECKED VEHICLE, DISMANTLED VEHICLE OR INOPERABLE VEHICLE: Any vehicle, or parts thereof, which meets any of the following qualifications: A. It does not carry a current, valid State registration or license plate. B. It cannot be safely operated under its own power. C. It is not in a garage or other building. D. It does not have any one of the following: foot brakes, hand brakes, head lights, tail lights, horn, muffler, rear view mirrors, windshield wipers or adequate fenders. • E. It has been physically damaged. F. Part or parts of the vehicle have been removed. G. It is in a dilapidated condition. (Ord. 508, ME3 4-4 (4) • 6-6-1989) !DEFEND! 4-4-3: VEHICLES OR PROPERTY ABANDONED ON STREETS OR PUBLIC PLACES: It shall be unlawful for any owner or any person in charge of a vehicle or other personal property to leave or abandon the same upon the streets or public places or on private property. (Ord. 508, 6-6-1989) 4-4-4: JUNK VEHICLES OR JUNK PERSONAL PROPERTY PROHIBITED: It shall be unlawful for any person to maintain, store, park or keep a junk vehicle, vehicles or parts thereof or junk personal property on real property, public or private, in the City, except as authorized in this Chapter. (Ord. 508, 6-6-1989) 4-4-5: EXEMPTIONS: This Chapter shall not apply to: • A. Enclosed Within Building: A junk vehicle, or part thereof, or junk personal property, which is completely enclosed within a building or in such a manner that it is not visible from the street or other public or private property. B. Parked Or Stored In Lawful Manner: A junk vehicle or junk personal property or part thereof which is: 1. Stored or parked in a lawful manner on private property in connection with the business of a licensed dismantler or junk dealer; or 2. When such storage or parking is necessary to the operation of a lawfully conducted business, industry or commercial enterprise; and 3. Pertaining to both subsections Al and A2 herein, such business is conducted in a zone wherein such business is allowed to be conducted. C. Construction On Real Property: Real property upon which construction is actually taking place and ongoing. (Ord. 508, 6-6-1989) . 4-4-6: PUBLIC NUISANCE: Abandoned vehicles, stolen vehicles, junk vehicles, and junk personal property are hereby declared to be a public nuisance. (Ord. 508, 6-6-1989) ME3 4-4 (5) • 4-4-7: ORDER TO REMOVE JUNK VEHICLE: The City Clerk, any member of the Police Department, Fire Department or Building Department, jointly hereafter referred to as "City official", may order any junk vehicle, vehicles or part thereof, or junk personal property, not within the exceptions of this Chapter, removed after ten (10) days, prior notice of intention to remove the junk vehicle or personal property. (Ord. 508, 6-6-1989) 4-4-8: NOTICE OF REMOVAL: A. Posting On Vehicle; Serving On Owner: Notice of such order shall be placed upon said junk vehicle, vehicles or parts thereof or junk personal property. Copies of said notice shall be served upon any adult occupying or owning the real estate on which the junk vehicle, vehicles or parts thereof or junk personal property are located and upon the owner of the junk, if known. If no occupant of the real estate or owner of the junk vehicle, vehicles or parts thereof or junk personal property can be found, a notice affixed to any building on the real estate or upon the junk vehicle or junk property shall constitute notice to the owner or occupant of the real estate and to the owner of the junk vehicle, vehicles or parts . thereof or junk property. If there is no building on the real estate, said notice may be affixed elsewhere on the real estate. B. Contents Of Notice: If it is determined by the City official that a public nuisance, as herein defined, exists on any lot, place or area, or upon any street, sidewalk, or public right of way abutting the same, the City official shall cause a notice to be issued to abate such nuisance. Such notice shall be headed "Notice to Clean Premises", shall contain a description of the property in general terms reasonably sufficient to identify the location of the nuisance, shall describe the nuisance in terms reasonably sufficient to identify the same; shall direct the abatement of the nuisance, shall specify the penalty provisions as provided herein; and shall specify the appeal process as provided herein; and shall state that if the City removes the junk vehicle or junk property, the City may sell it and retain the proceeds to defray the costs of enforcement of this Chapter. (Ord. 508, 6-6-1989) 4-4-9: APPEALS: Within ten (10) days from the date of posting, mailing or • personal service of the required notice, the owner or person occupying or controlling such lot, place or area affected may appeal to the City Council. Such appeal shall be in writing and shall be filed with the City Clerk. At the regular meeting or regular adjourned meeting of the City Council, not less than ten (10) days nor more than twenty six (26) days after ME3 4-4 (6) • receipt of the appeal, the City Council shall proceed to hear and pass upon such appeal, and the decision of the City Council thereupon shall be final and conclusive. (Ord. 508, 6-6-1989) 4-4-10: REMOVAL OF JUNK VEHICLE: It shall be the duty of the owner or person occupying or controlling any lot, place or area in the City which has been declared a public nuisance as provided herein within ten (10) days from the date of notification, as provided herein, or in case of an appeal to the City Council, within ten (10) days from the determination thereof, unless the same is sustained, to remove the nuisance as stated. (Ord. 508, 6-6-1989) 4-4-11: REFUSAL TO REMOVE VEHICLE; LEGAL ACTION: A. Notice To City Attorney: Upon the failure, neglect or refusal of any owner or occupant so notified to remove the public nuisance as herein defined, within the time specified in this Chapter, the City official may notify the City Attorney in writing of the last known legal owner and property description in general terms. (Ord. 508, 6-6-1989) • B. Legal Action: The City Attorney may cause legal action to be taken through the Magistrate's Court for action as follows: the owner of any lot, place or area within the City who shall permit or allow the existence of a public nuisance as defined in this Chapter, upon any lot or premises owned, occupied or controlled by him, or who shall violate any of the provisions of this Chapter, shall be guilty of a misdemeanor and upon conviction thereof shall be subject to penalty as provided in Section 1-4-1 of this Code. The City Attorney, in his discretion, may also take civil action to obtain an order from said Court enjoining the maintenance of said public nuisance and the City shall be awarded its court costs and attorney's fees for prosecuting the action. (Ord. 508, 6-6-1989; 1997 Code) C. Removal By City; Assessment Of Costs: Regardless of the action by the City Attorney or in addition thereto, upon direction of the City Council and at the City Council's discretion, upon the failure, neglect or refusal of any owner or occupant so notified to remove the public nuisance as herein defined within the time specified in this Chapter, the City official knowing of the violation shall notify the City Clerk's office in writing of the known legal owner, if known, and property description in general terms and the nature of • the violation. The City Clerk's office shall proceed with the work specified in the notice. The cost of the work shall be transmitted to the Council, who shall cause the same to be paid and levy a special assessment against the property as allowed in Idaho Code section 50-1008. The owner of the property shall be notified of the assessment and may pay the 0 ME3 4-4 (7) • same prior to its certification on the tax rolls. (Ord. 508, 6-6-1989) 4-4-12: NOTICE OF UNLAWFUL USE OF PROPERTY: The notice given as provided in Section 4-4-8 of this Chapter shall also contain a notice to the owner or occupant of the property, or whoever the notice is given to that the property may not be used to maintain, store, park or keep junk vehicles or junk personal property, and that additional violations or continued violations are unlawful and continued violations shall be punishable as provided in Section 4-4-14 of this Chapter. The notice shall also contain a provision that additional or continued violations by the same person on the same property do not require the notice required in Section 4-4-8 of this Chapter prior to removal or prosecution. One notice that the property may not be used to violate this Chapter shall be sufficient. (Ord. 508, 6-6-1989) 4-4-13: HINDERING AUTHORIZED PERSON: It shall be unlawful and a misdemeanor to interfere with, hinder or refuse to allow any authorized City official or • employee to enter upon private or public property to enforce the provisions of this Chapter. (Ord. 508, 6-6-1989) 4-4-14: PENALTY FOR ADDITIONAL OR CONTINUED VIOLATION: Any person guilty of violating the provisions of this Chapter and found to have previously violated this Chapter shall be sentenced to a minimum of ten (10) days in jail and shall be fined three hundred dollars ($300.00) for each day the junk vehicle or vehicles, or parts thereof or junk personal property is maintained, stored, parked or kept in violation of this Chapter. The provisions of this Section shall be mandatory. (Ord. 508, 6-6-1989) Should "County jail" be inserted in place of "jail"? Response: Yes , No , Change as follows: We have retained the above penalty (not omitting same and referring to Section 1-4-1 of this Code) since the penalty is different from the general penalty in said Section 1-4-1. Is • this acceptable? Response: Retain penalty as is Retain penalty, with changes as indicated omit penalty and days of confinement and refer to Section 1-4-1 of this Code ME3 T5 (1) • !TITLE! 5 FIRE REGULATIONS Fire Department . . . . . . . . . . . . . . . . . . . . . . 1 Open Burning . . . . . . . . . . . . . . . . . . . . . . . . 2 Clean Air Regulations . . . . . . . . . . . . . . . . . . . 3 Fireworks . . . . . . . . . . . . . . . . . . . . . . . . . 4 Due to the age of the legislation, we have not included in the new Code the following chapters contained in the 1955 City Code. If the City does, in fact, still enforce any of the chapters or provisions, so indicate by checking the "Retain" blank line. Chapter Title & Number omit Retain Fire District (6-1) Explosives (6-2) Inflammables (6-4) • If any of the above chapters should be retained, we will include them in this Title 5. Also keep in mind that if any of such chapters are retained, the City needs to review all the provisions of same for accuracy and current practices of the City, as one of the goals in recodifying is the omission of obsolete legislation and the inclusion of up-to-date, enforceable provisions. If the City has re -written text for any the above chapters, or any additional fire regulations, please include same with the Code Workbook when the workbook is returned to Sterling for final changes before publication. Are any such re -written chapters included? If so, please list them below: Response: Remember that sample provisions are available upon request. The following samples are requested? Response: None requested , Send samples regarding the following subjects: • ME3 • CHAPTER 1 FIRE DEPARTMENT 0 Statute authority, I.C. 5 50-309. 5-1 (1) The terms "firemen" and "firefighters" are used throughout this Chapter. It is our preference to change "firemen" to "firefighters", for consistency and gender neutral status. However, we feel the City should review this Chapter (Ordinance 674) before we make such change. Does the City agree with making this change? Response: SECTION: 5-1--1: Organization 5-1--2: Chief Of Fire Department 5-1--3: Members 5-1--4: Volunteer Firemen's Association 5-1--5: Investigation Of Cause Of Fire 5-1--6: Inspections 5-1--7: Meetings Of Members 5-1--8: Restrictions In Case Of Emergency 5-1--9: Police Officer Duties 5-1-10: Compensation Of Members 5-1-10: Penalty !2R! 5-1-1: ORGANIZATION: There is hereby created and established within the City a Fire Department, which shall be known and designated as the Meridian Fire Department, and shall consist of employed full- time members and nonemployed volunteer members. (Ord. 674, 9-20-1994) 5-1-2: CHIEF OF FIRE DEPARTMENT: A. Appointment: There shall be appointed by the Mayor, subject to confirmation by the City Council, a Chief of said Fire Department who shall serve at the pleasure of the Mayor and Council. B. Powers And Duties: The Chief of the Fire Department shall have, subject to the approval of the Mayor and City Council, • supervision of all the affairs and business of the Fire Department, control of all Fire Department property and equipment, and the work of all the employees thereof and of the volunteers when they are performing duties as a firefighter and when at fire meetings. While attending emergency calls and returning therefrom, the Fire Chief shall ME3 5-1 (2) • have the authority of a police officer. (Ord. 674, 9-20-1994) 5-1-3: MEMBERS: A. Hired And Volunteer Members: The members of the Fire Department shall be the Chief, full-time employed firefighters, and nonemployed volunteer members who are members of the Meridian City/Rural Volunteer Firemen's Association, Inc. The full-time employed firefighters, from and after the date of enactment of the Ordinance codified in this Chapter, must have previously been nonemployed volunteer firefighters for the City and members of the Meridian City/Rural Volunteer Firemen's Association, Inc. Future employed full-time firefighters must also have served as nonemployed volunteer firefighters for the City and have been members of the Meridian City/Rural Volunteer Firemen's Association, Inc., if there are such qualified nonemployed volunteer firemen seeking to become full-time employed firemen. The list of nonemployed volunteer firemen who have stated they desire to be hired as a full-time employed firefighter shall be the list of persons eligible to be hired by the City as employed full-time Meridian firemen. Applicants to become nonemployed volunteer members shall apply and be selected nonemployed volunteer members by the Meridian Fire Chief. The Fire Chief may request a recommendation from the Volunteer's Association for the selection of nonemployed volunteer firemen. The hiring of full-time employed firemen shall be in the complete discretion of the Fire Chief. The reason for the selection by the Fire Chief of the nonemployed volunteer firefighter is the following: 1. To ensure that the volunteers have the physical and mental capabilities to be full-time employed firemen. 2. To ensure that the volunteers have the ability to perform the duties of a full-time employed firefighter. 3. Because when called on to perform duties of a Meridian firefighter or attending meetings of the Fire Department, the nonemployed volunteer firemen are compensated by the City. B. Health And Physical Testing: The Fire Chief shall require health and physical testing of all applicants to become volunteer firemen as he deems necessary. When the Fire Chief desires to hire additional full-time firemen, he shall so inform the nonemployed volunteer firemen and they may apply to him to become full-time employed firemen. (Ord. 674, 9-20-1994) • 5-1-4: VOLUNTEER FIREMEN'S ASSOCIATION: The City recognizes the Meridian City/Rural Volunteer Firemen's Association, Inc., a nonprofit nongovernmental corporation, which was initially organized as a group of ME3 5-1 (3) • volunteer firemen to fight fires and respond to emergencies in the City and in the Meridian Rural Fire District. It was incorporated prior to the City having any employed firemen and continues to be a group of volunteer firemen who volunteer to assist the City and the Meridian Rural Fire District to fight fires and respond to emergencies. When responding to a fire or other emergency in the City, the City did, and does now, compensate the volunteers. When responding to a fire or other emergency in the Meridian Rural Fire District, the Meridian Rural Fire District did, and does now, compensate the volunteers. The City has no control, ownership, or financial interest in the Meridian City/Rural Volunteer Firemen's Association, Inc., hereafter referred to as the Association, but does desire to continue to call on the volunteers for assistance and use them as prospective eligible employed full- time employed firemen, and for that assistance shall provide its members with a meeting place where they may hold Association meetings and compensate them when performing firefighting in the City and attending meetings and training sessions. Under its own direction and governance, and not the City's, the City understands that it is in charge of fund- raising functions, social affairs, burn -out fund, and the management of them, which all benefit the citizens of the City, but over which the City has no control. (Ord. 674, 9-20-1994) 5-1-5: INVESTIGATION OF CAUSE OF FIRE: The Chief of the Fire Department, or his designee shall, after any fire is extinguished, make a prompt and thorough investigation of the cause thereof, the amount of loss, and other particulars and shall enter the same in a record book kept for that purpose in the office of said Department. (Ord. 674, 9-20-1994) 5-1-6: INSPECTIONS: It shall be the duty of the Chief of the Fire Department to inspect, or cause to be inspected by the members of the Fire Department, as often as may be necessary, all buildings, premises and public thoroughfares, except the interior of private dwellings, within the corporate limits of the City, for the purpose of ascertaining and causing to be corrected any conditions liable to cause fire or any violations of the provisions of the Uniform Fire Code', and any ordinances of the City affecting any hazards. He/she shall make a written report of the conditions found in making such inspections, which will be filed in the office of said Department. (Ord. • 674, 9-20-1994) See Title 10, Chapter 4 of this Code. ME3 • 5-1-7: MEETINGS OF MEMBERS: 5-1 (4) The Fire Department shall hold regular meetings. The Chief of the Department or any other member designated by the Chief, shall preside over all meetings of the Department. It shall be the duty of the officers to report all attendance at such meetings, to supervise the correspondence of the Department and to perform such other duties as may be hereafter prescribed by the Department and the City Council. (Ord. 674, 9-20-1994) 5-1-8: RESTRICTIONS IN CASE OF EMERGENCY: A. Blockade Of Streets: In case of emergency, it shall be lawful for the Chief of the Department, or in his/her absence the person in command of such Department, to blockade any street, avenue, alley, sidewalk or other place, if in his/her judgment it is necessary to ensure the efficient working of the emergency personnel and apparatus, or to protect the hose or emergency equipment from damage. It shall be unlawful for any person to break through or attempt to break through the blockade mentioned in this Section, or at any time to run over or attempt to run over the hose of the Fire Department with any automobile, truck, motorcycle or other vehicle, or for any • person driving or having charge of an automobile, truck, motorcycle or other vehicle, to wilfully disturb, impede or otherwise interfere with the operation of the Fire Department, or its officers, members or employees, either while answering any alarm or while in attendance upon any emergency. • B. Distance For Traveling Behind Emergency Vehicle: It shall be unlawful for any person to drive a vehicle within a distance of five hundred feet (5001) of any emergency vehicle traveling to the scene of an emergency. C. Parking Near Fire Or Emergency: It shall be unlawful for any person, other than Fire Department personnel, to park any vehicle within a distance of five hundred feet (5001) in any direction from the point where any emergency vehicle is engaged in combat of an emergency. (Ord. 674, 9-20-1994) The distance of 750 feet is stipulated in subsection 7-1-5A of this Code. Ordinance 674 (subsection C above) is the most recent legislation. Should subsection 7-1-5A be changed to 500 feet? Response: Yea , No , Change as follows: 5-1-9: POLICE OFFICER DUTIES: The Chief of the Fire Department, or in his/her absence the ME3 5-1 (5) . person in command thereof, is authorized to request the Chief of Police or other officer in charge of the Police Department, and it shall be the duty of such officer, whether or not so requested, to furnish a detail of police officers to assist in handling traffic and to protect the Fire Department from interference and to keep the streets and highways at, or and in the vicinity of such emergency, free from vehicles or other obstructions that might interfere with the Fire Department in its operation. (Ord. 674, 9-20-1994) 5-1-10: COMPENSATION OF MEMBERS: A. Employees: Each employed member of the Fire Department shall be paid a salary and benefits as determined by the Fire Chief and approved by the City Council. B. Volunteers: Each volunteer member of the Fire Department in attendance and assisting at any emergency, or attending meetings or training sessions, shall receive compensation. (Ord. 674, 9-20-1994) 5-1-11: PENALTY: • Any person who shall violate any of the provisions of Section 5-1-8 of this Chapter shall be guilty of a misdemeanor and, upon conviction thereof, shall be subject to penalty as provided in Section 1-4-1 of this Code. (Ord. 674, 9-20-1994; 1997 Code) U ME3 . CHAPTER 2 OPEN BURNING SECTION: 5-2--1: Short Title 5-2--2: Purpose 5-2--3: Definitions 5-2--4: Prohibition Against Open Burning 5-2--5: Exceptions to Open Burning Prohibition 5-2--6: Permits 5-2--7: Permit Procedures Within Fire Districts 5-2--8: Appeal Permit Denial 5-2--9: Prohibition Against Contaminants 5-2-10: Amendments 5-2-11: Enforcement and Penalty !2R! 5-2-1: SHORT TITLE: 5-2 (1) The short title of this Chapter shall be known as the CITY OF MERIDIAN BURNING ORDINANCE. (Ord. 323, 4-17-1978) • 5-2-2: PURPOSE: The purpose and intent of this Chapter is to eliminate all forms of open burning except those for which alternative means of producing a similar public benefit do not exist. Open burning is sought to be eliminated so that air quality and fire safety goals can be achieved. (Ord. 323, 4-17-1978) 5-2-3: DEFINITIONS: !DEF! AGRICULTURAL BURNING: The open burning of plant life grown on the premises in the course of any agricultural, forestry or land clearing operation when it can be shown that such burning is necessary and that no fire hazard will occur. Convenience of disposal is not of itself a valid necessity for burning. Rules and Regulations of the Control of Air Pollution in Idaho by the Department of Health and Welfare, page 28, enacted on October 25, 1972, pursuant to the authority granted by Idaho Code chapter 1, title 39, and chapter 52, title 67. Agricultural burning will not be allowed in residential subdivisions where the subdivision lots are smaller than one and five -tenths (1.5) acres. Is the bolded document above the one currently in use by the • City? Response: Yes , No , Change as follows: ME3 5-2 (2) APPROVED INCINERATORS: Any source consisting of a furnace and all appurtenances thereto designated for destruction of refuse by burning. "Open incinerators" shall mean those burning containers which have been approved and certified by the Idaho Department of Health and welfare. "Burn barrels" and similar devices are forms of open burning and are not considered to be approved incinerators. BOARD: The City Council of the City of Meridian. CHIEF: The duly appointed Fire Chief for the City of Meridian. "Chief" for the purposes of this Chapter may also mean any representative designated by the Chief to fulfill any function under this Chapter. FIRE DISTRICT: Any duly constituted and operating fire district within the boundaries of the City of Meridian. ODOR: The sensation resulting from stimulation of the human sense of smell. OPEN BURNING: The burning of any matter in such a manner that the products of combustion resulting from the burning are emitted directly into the ambient air without passing through . a stack, duct or chimney. PERMIT: The City of Meridian burning permit issued pursuant to this Chapter. PERSON: Any person, corporation, firm, partnership or any Federal, State or local governmental entity. SMOKE: Small gas -borne particles resulting from incomplete combustion, consisting predominately, but not exclusively, of carbon and other combustible material. (Ord. 323, 4-17-1978) !DEFEND! 5-2-4: PROHIBITION AGAINST OPEN BURNING: No person shall build, ignite, or maintain any outdoor fire of any kind or character, or for any purposes whatsoever, subject to Section 5-2-5 of this Chapter. (Ord. 323, 4-17-1978) 5-2-5: EXCEPTIONS TO OPEN BURNING PROHIBITION: Notwithstanding the provisions of Section 5-2-4 of this Chapter, the following types of fires shall be allowed: is A. Fires Allowed With Permit: The following types of fires may be allowed by permit only: 1. Agricultural burning. ME3 5-2 (3) • 2. Irrigation ditches and fence rows. 3. Fires used for control or alleviation of fire hazard or for weed control when no alternative control method exists. 4. Fires used in the training of organized firefighting personnel. 5. Special fires allowed at the discretion of the Fire Chief wherein the fire is to be located. Special fires are fires not falling into subsection 5-2-5A1 through 4 above. B. Fires Allowed Without Permit: Fires used for the preparation of food and campfires, under control of a responsible person, shall not require a permit hereunder. (Ord. 323, 4-17-1978) 5-2-6: PERMITS: A. Contents: All permits must contain the following: 1. Name, address, business and home phone of permittee. 2. Location of proposed burning. • 3. Fire district where proposed burning is to occur. 4. Conditions under which burning is to be allowed. The Fire Chief shall develop such conditions as reasonably necessary to provide for safe burning. 5. Signature of issuing officer. 6. Signature of permittee. B. Agricultural Burning Permits: Agricultural burning permits may be issued for the following periods of time: February 15 to May 31 or July 15 to October 15. A permit issued for one time period is not valid for the other time period; however, a permit may be issued covering both periods. Permits for either or both burning periods can be issued by the local Fire Chief or his designated representative. C. Ditch And Fence Row Burn Permits: Ditch and fence row burn permits may be issued allowing burning between February 15 and October 15. (Ord. 323, 4-17-1978) 5-2-7: PERMIT PROCEDURES WITHIN FIRE DISTRICTS: • Permits for fires allowed to be burned only by permit are to be obtained from the fire district wherein the fire is to be located. Procedures for issuance of this permit shall be established by the City Council. (Ord. 323, 4-17-1978) ME3 5-2 (4) • 5-2-8: APPEAL PERMIT DENIAL: Any person denied a burning permit by the Fire Chief may appeal that decision in writing to the City Council. Such appeal must be made within thirty (30) days. The City Council shall rule on said appeal within fifteen (15) days of receipt. (Ord. 323, 4-17-1978) 5-2-9: PROHIBITION AGAINST CONTAMINANTS: Notwithstanding the provisions of any section of this Chapter, no person shall allow, suffer, cause or permit the burning of materials which emit toxic contaminants or large volumes of smoke, particulates or odors (such materials are garbage, rubber, plastics, heavy petroleum products, dead animals, etc.). (Ord. 323, 4-17-1978) 5-2-10: AMENDMENTS: The City Council may, upon its own motion or upon recommendations of the Fire Chief, make amendments to this Chapter. (Ord. 323, 4-17-1978) • 5-2-11: ENFORCEMENT AND PENALTY: A. Enforcement: The Fire Chief, or his duly authorized representative, and any law enforcement officer in Ada County shall have the authority to enforce the provisions of this Chapter. B. Penalty: Each violation of any regulation hereunder shall be a misdemeanor, and for each day said violation shall continue, shall constitute a separate offense hereunder. Such violation shall be punishable as provided in Idaho Code section 18-113. (Ord. 323, 4-17-1978) Should bolded text be omitted and reference made to Section 1-4-1 of this Code? Response: Yes , No , Change as follows: u ME3 . CHAPTER 3 CLEAN AIR REGULATIONS Statute authority, I.C. 5 39-101 et seq. SECTION: 5-3--1: Short Title 5-3--2: Authority And Purpose 5-3--3: Applicability 5-3--4: Definitions 5-3--5: Air Quality Designations And Alert Criteria 5-3--6: Public Notification 5-3--7: Burning Solid Fuel Or Refuse 5-3--8: Air Quality Alert, Additional Restrictions 5-3--9: Exemptions 5-3-10: Minimum Standards For Clean Burning Appliances 5-3-11: Applicability Of Chapter 5-3-12: Penalty !2R! 5-3-1: SHORT TITLE: 5-3 (1) This Chapter shall be known and cited as the MERIDIAN CLEAN • AIR ORDINANCE. (Ord. 667, 8-16-1994) 5-3-2: AUTHORITY AND PURPOSE: The purpose of this Chapter is to protect air quality resources vital to the public health, safety, and welfare of Meridian residents and the economic future by controlling emissions from solid fuel and refuse burning. This Chapter is promulgated under the authority of the Idaho Constitution article 12, section 2, and Idaho Code sections 50-301 and 50-302. (Ord. 667, 8-16-1994) 5-3-3: APPLICABILITY: This Chapter shall apply to all areas of the City and those areas annexed to the City hereafter. (Ord. 667, 8-16-1994) 5-3-4: DEFINITIONS: For the purpose of this Chapter, the following terms, phrases, words, and derivations all have the meanings given herein. The word "shall" is always mandatory and not merely directory: • !DEF! AIR POLLUTION: The presence in the outdoor atmosphere of any contaminant, or combinations thereof, in such quantity or of such nature and duration and under such conditions as would be injurious to human health or welfare, to plant or animal life, or to property, or to interfere unreasonably with the ME3 5-3 (2) • enjoyment of life or property. BUILDING: Any structure, dwelling, office, industrial plant, garage or barn, whether publicly or privately owned or any other "structure" as defined by the Uniform Building Code as adopted in Title 10, Chapter 1 of this Code. BURN DOWN: That period of time following an air pollution alert required for the cessation of combustion within solid fuel heating appliances or any outdoor fires or burning or incineration included within this Chapter. CLEAN BURNING APPLIANCE: A solid fuel heating appliance that has been certified as clean burning by either the Oregon Department of Environmental Quality or the United States Environmental Protection Agency and has been placed on the list of approved clean burning appliances maintained by the City Clerk. ECONOMIC HARDSHIP: Fifty percent (50%) or less of Ada County's median income as established by the U.S. Department of Housing and Urban Development. FIREPLACE: A residential solid fuel burning device with an air -to -fuel ratio of greater than thirty (30) which is a . permanent structural feature of a building. A fireplace is made up of a concealed masonry or metal flue and a masonry or metal firebox enclosed in decorative masonry or other building materials. A residential solid fuel burning device which is freestanding or which is installed into an existing "fireplace" opening is not included in the definition of "fireplace". HEAT OUTPUT: The British thermal unit (BTU)/hour output of a solid fuel heating appliance measured under the testing criteria as adopted by the Ada County Development Services Department. OPEN BURNING: The combustion of any material not contained in a heating appliance or incinerator. PARTICULATE MATTER: Any gas -borne particles resulting from incomplete combustion, consisting predominantly, but not exclusively, of carbon and other combustible matter. PERSON: Any individual, firm, partnership, association, corporation, company, organization or governmental entity. REFUSE: All solid waste, garbage, and rubbish, including but not limited to cardboard, plastic, rubber, styrofoam, • petroleum products, foodstuff, Christmas trees, yard debris, or chemically treated wood. REFUSE INCINERATOR: Any device designed or operated to reduce the volume of refuse. Natural gas-fired pathological incinerators are excluded. Pi ME3 5-3 (3) SOLE SOURCE: One or more solid fuel heating devices which constitute the only source of heat in a building for the purpose of space heating. No solid fuel heating device(s) shall be the sole source of heat if the building is equipped with a permanently installed furnace or heating system designed to heat the building that is connected or unconnected from its energy source, utilizing oil, natural gas, electricity or propane. SOLID FUEL: Any form of untreated wood or coal. SOLID FUEL HEATING APPLIANCE: An enclosed device designed for solid fuel combustion that meets all of the following criteria: A. An air -to -fuel averaging less than thirty five to one (35:1); B. Firebox volume less than twenty (20) cubic feet; C. Minimum burn rate less than five (5) kilograms per hour; and D. Maximum weight of less than eight hundred (800) kilograms. Explicitly excluded are furnaces, boilers, cook stoves, and open fireplaces. (Ord. 667, 8-16-1994) !DEFEND! 5-3-5: AIR QUALITY DESIGNATIONS AND ALERT CRITERIA: A. Determination: The quality of Meridian's air shall be determined by monitoring pollutant levels in and/or around the City with equipment and methods approved by the Idaho State Division of Environmental Quality. B. Designations: The quality of Ada County's air shall be designated according to the following table, where "PM 10" indicates particulate matter with an aerodynamic diameter less than or equal to ten (10) microns: Health Effect Designation Good Moderate Unhealthful • Very unhealthful Hazardous !SETLRM!! SETFNT! ! SETTAB! C. Air Pollution Alert: In order air quality that is unhealthful, PM 10 Concentrations 24-hour (uc/m3) 0- 50 51 -150 151 -350 351 -420 > 420 to prevent the existence of an air pollution "alert" will ME3 5-3 (4) • be declared whenever the State Division of Environment Quality measures levels of PM 10 concentrations exceeding one hundred (100) micrograms per cubic meter (uc/m') and forecasts air stagnation conditions continuing for at least twenty four (24) hours. (Ord. 667, 8-16-1994) 5-3-6: PUBLIC NOTIFICATION: whenever air pollution alert conditions are met, local print, radio, and television news media will be notified. Announcements of the existence of an air pollution "alert" will be made by the news media during regularly scheduled broadcasts and in all editions of the official newspaper of Ada County. (Ord. 667, 8-16-1994) 5-3-7: BURNING SOLID FUEL OR REFUSE: A. Heating Appliances: No person shall cause or allow refuse or coal to be burned in a solid fuel heating appliance designed for wood fuel. B. Incinerators: No person shall cause or allow a refuse incinerator to be operated contrary to the design, • specifications, and manufacturer's instructions. (Ord. 667, 8-16-1994) 5-3-8: AIR QUALITY ALERT, ADDITIONAL RESTRICTIONS: At the onset and during the pendency of a declared air quality "alert", the following additional restrictions apply: A. Appliances And Fireplaces: No person shall cause or allow, after a three (3) hour "burn down", the operations of a solid fuel heating appliance or open fireplace, unless an exemption has been granted by the City Clerk. B. Incinerators: No person shall cause or allow the operation of a solid waste incinerator. C. Open Burning: No person shall cause or allow open burning of refuse or solid fuel. (Ord. 667, 8-16-1994) 5-3-9: EXEMPTIONS: A. Grant By City Clerk: The City Clerk shall grant exemptions from this Chapter if it is determined by the City Clerk that: • 1. A solid fuel heating appliance is the sole source of heat for the structure in which it is situated; or 2. Using alternative heating would cause an unreasonable economic hardship; or ME3 5-3 (5) • 3. The solid fuel heating appliance is listed by Ada County Development Services as a clean burning appliance. B. Denial Of Exemption; Hearing: Any person denied an exemption under this Chapter shall be provided, at the option of the applicant for the exemption, a hearing before the Mayor and City Council. C. Noneligibility For Exemption: Any building constructed after the effective date of the Ordinance codified in this Chapter shall not be eligible for an exemption under subsections Al and A2 above. (Ord. 667, 8-16-1994) 5-3-10: MINIMUM STANDARDS FOR CLEAN BURNING APPLIANCES: In no event shall the standards for clean burning solid fuel heating appliances allow a weighted average particulate emission greater than: A. For a new clean burning solid fuel heating appliance with a minimum heat output of less than forty thousand (40,000) BTU per hour and tested pursuant to procedures approved by the Building Department: • 1. Seven and five -tenths (7.5) grams per hour for a noncatalytic solid fuel heating appliance. 2. Four and one-tenth (4.1) grams per hour for a catalytic solid fuel heating appliance. B. Clean burning solid fuel heating appliances with a minimum heat output of greater than forty thousand (40,000) BTU per hour shall not exceed an average particulate emission standard equal to the sum of eight and zero -tenths (8.0) grams per hour plus two-tenths (0.2) grams per hour for each one thousand (1,000) BTU per hour heat output. C. For any other solid fuel heating appliance officially exempted by the Environmental Protection Agency from the above requirements. (Ord. 667, 8-16-1994) 5-3-11: APPLICABILITY OF CHAPTER: Nothing in this Chapter is intended to conflict with, supersede, repeal, or affect any other regulations or requirements for the installation or inspection of solid fuel heating appliances, including but not limited to those regulations adopted at Title 10, Chapter 1 of this Code. • Further, nothing in this Chapter is entitled to conflict with, supersede, repeal, or affect any other regulations or requirements for the burning, outdoor fires, and incineration permits, including but not limited to those regulations adopted at Chapter 2 of this Title. (Ord. 667, 8-16-1994) • • • ME3 5-3-12: PENALTY: 5-3 (6) A violation of any of the provisions of this Chapter or the failure or omission to perform any duty imposed by the provisions of this Chapter is hereby declared unlawful and punishable as a misdemeanor. (Ord. 667, 8-16-1994) ME3 5-4 (3) • D. Snakes which do not contain bichloride of mercury and pyrotechnic composition not exceeding two (2) grams each; E. Wheels with pyrotechnic composition not exceeding sixty (60) grains for each driver unit or two hundred forty (240) grains for each complete wheel. The inside tube diameter of driver unit shall not exceed one-half inch (1/2"); F. Whistles, without report and which do not dart or travel about the ground during discharge with pyrotechnic composition not exceeding six (6) grams and containing no picric or gallic acid. (Ord. 161, 6-5-1967) 5-4-4: DANGEROUS FIREWORKS UNLAWFUL: It shall be unlawful for any person in the City to import, export, offer for sale, sell, possess, keep, or store or permit the keeping or storing of any dangerous fireworks for any use or purpose, except that a person holding a dangerous fireworks permit issued pursuant to the terms and conditions of this Chapter may use dangerous fireworks for a safely supervised and conducted public display of fireworks. Said fireworks may be stored for a period not exceeding ten (10) days immediately preceding the date of said public display, • provided the fireworks are to be used exclusively for public display. (Ord. 161, 6-5-1967) 5-4-5: VALID PERMIT REQUIRED: No person, without having a valid safe and sane fireworks permit issued pursuant to terms and conditions set forth in this Chapter, shall import, export, possess for the purpose of sale, offer for sale, or sell safe and sane fireworks for any use or purpose. (Ord. 161, 6-5-1967) 5-4-6: SAFE AND SANE FIREWORKS PERMIT; FEE: Any reputable person in reasonable pursuit or furtherance of any legitimate personal, business or charitable purpose, desiring to engage in the sale of safe and sane fireworks within the City shall first make written application to the City Clerk for a safe and sane fireworks permit. Each applicant shall pay to the Clerk a fee of ten dollars ($10.00) at the time he files his application. At the time and as a condition of such filing, and with each application, each applicant shall pay an additional fee to defray reasonable costs of preliminary investigations required hereunder. (Ord. • 161, 6-5-1967) 5-4-7: DANGEROUS FIREWORKS PERMIT; FEE: Any reputable person in reasonable pursuit or furtherance of ME3 5-4 (4) • any legitimate personal, business, or charitable purpose desiring to make a public display of dangerous fireworks shall first make written application to the Clerk for a dangerous fireworks permit. Each applicant shall pay to the Clerk a fee of ten dollars ($10.00) at the time he files his application. The applicant shall also reimburse the City for all reasonable expenses incurred in investigating to determine whether the permit should be granted. (Ord. 161, 6-5-1967) 5-4-8: APPLICATION FOR PERMIT: Each applicant for a safe and sane fireworks permit or a dangerous fireworks permit shall file his application with the Clerk. Each application shall show the following: A. Name and address of applicant. B. The purpose for which the applicant is primarily existing and which it was organized. C. The names and addresses of the officers, trustees, and/or directors, if any, of the applicant. D. The location where the applicant requests permission to • sell safe and sane fireworks or display dangerous fireworks. E. When and where the applicant was organized and established, or, if a natural person, the applicant's age. F. The location of the applicant's principal and permanent meeting place or places, or principal place or places of business. G. The applicant's State sales tax permit number. H. If the applicant is an entity other than a sole proprietorship, the name and general description of the business activities of each parent or subsidiary company, business or entity, and a general description of the ownership organization of each parent or subsidiary, if any. I. Such other information as the Clerk may require and which is reasonably necessary to protect the public health, safety and morals. (Ord. 161, 6-5-1967) 5-4-9: INVESTIGATION: The City Clerk shall notify the Police Department and the Fire • Chief, which offices shall cause an investigation to be made of each application and applicant and shall submit a written report of its findings and recommendations for or against the issuance of the permit, together with the reasons therefor, to the City Council, which report shall not be public information except on request of the applicant or by order of the Mayor or ME3 • CHAPTER 4 FIREWORKS • 5-4 (1) For statute authority, see I.C. 55 50-310 and 39-2601 at seg. This entire Chapter needs to be reviewed closely for accuracy and current practices of the City. If any omissions, changes or deletions are needed, please so mark or include exact language for changes. SECTION: 5-4--1: Fireworks 5-4--2: Dangerous Fireworks 5-4--3: Safe And Sane Fireworks 5-4--4: Dangerous Fireworks Unlawful 5-4--5: Valid Permit Required 5-4--6: Safe And Sane Fireworks Permit; Fee 5-4--7: Dangerous Fireworks Permit; Fee 5-4--8: Application For Permit 5-4--9: Investigation 5-4-10: Grant Or Denial By Council 5-4-11: Validity Of Permit 5-4-12: Filing Of Application 5-4-13: Insurance 5-4-14: Time Of Sale 5-4-15: Temporary Stands 5-4-16: Keeping Records Required 5-4-17: Deposit Required 5-4-18: Compliance With Statute And Chapter; Permit Denial !2R! 5-4-1: FIREWORKS: A. Definition: "Fireworks" shall include blank cartridges, toy pistols, toy cannons, toy canes or toy guns in which explosives are used, fire balloons, balloons of a type which have burning material of any kind attached thereto or which require fire underneath to propel them, firecrackers, torpedoes, skyrockets, rockets, Roman candles, fountains, wheels, dago bombs, sparklers, and other fireworks of like construction and any fireworks containing any combustible or explosive substance for the purpose of producing a visible or audible effect by combustion, deflagration, explosion or detonation. • B. Exemptions: Exempted from this part are all toy pistols, toy cannons, toy canes and toy guns and similar devices such as party poppers or party favors in which paper caps containing not more than twenty five one -hundredths (0.25) grain of explosive compound per cap are used and such caps whether single, roll, or tape type. (Ord. 161, 6-5-1967) • • • ME3 5-4 (2) 5-4-2: DANGEROUS FIREWORKS: "Dangerous fireworks" includes any of the following: A. Firecrackers, cannon crackers, giant crackers, salutes, silver tube salutes, cherry bombs, mines, ground bombardment, grasshoppers and other explosive articles of similar nature; B. Blank cartridges; C. Skyrockets and rockets, including all similar devices employing any combustible or explosive material and which rise in the air during discharge; D. Roman candles, including all devices which discharge ball of fire into the air; E. Chasers and whistles, including all devices which dart or travel about the surface of the ground during discharge; F. Snakes and hats containing bichloride of mercury; G. Sparklers more than ten inches (10") in length or one-fourth inch (1/4") in diameter or made with other than iron wires; H. All articles for pyrotechnic display such as aerial shells, salutes, flash shells, sky battles, parachute shells, mines, Diego bombs and similar devices; I. All torpedoes which explode by means of friction, or which contain arsenic, and all other similar fireworks devices including cracker balls; J. Fire balloons or balloons of any type which have burning material of any kind attached thereto. (Ord. 161, 6-5-1967) 5-4-3: SAFE AND SANE FIREWORKS: "Safe and sane fireworks" includes any of the following: A. Cone fountains with pyrotechnic composition not exceeding fifty (50) grams each; B. Cylindrical fountains, whether base, spike or handle, with pyrotechnic composition not exceeding seventy five (75) grams each and inside tube diameter not exceeding three-fourths inch (3/4" ) ; C. Sparklers and "dipped sticks" not more than ten inches (1011) in length or one-fourth inch (1/4") in diameter made on steel or iron wire and Suzuki and Morning Glories with pyrotechnic composition not exceeding four (4) grams each; ME3 5-4 (5) • Council. (Ord. 161, 6-5-1967) 5-4-10: GRANT OR DENIAL BY COUNCIL: The Council shall have the power in its discretion to grant or deny any application, subject to such reasonable conditions, if any, as it shall prescribe so long as the denial of the application or any conditions imposed on the granting of the application are reasonably necessary for protection of the public health, safety and morals. (Ord. 161, 6-5-1967) 5-4-11: VALIDITY OF PERMIT: A safe and sane fireworks permit, or a dangerous fireworks permit issued pursuant to this Chapter shall be valid only within the calendar year in which issued. A permit shall be valid only for the specific premises or location designated in the permit. However, subject to reasonable conditions necessary for protection of the public health, safety and morals, an applicant may be granted permits for more than one premises or location within the City. No permit shall be transferable or assignable. (Ord. 161, 6-5-1967) • 5-4-12: FILING OF APPLICATION: Each application for a permit to sell safe and sane fireworks at retail shall be filed with the City Clerk on or before April 1 of the calendar year for which the permit is sought; except that for the calendar year of 1967, applications for a permit may be filed on or before June 15, 1967. (Ord. 161, 6-5-1967) Suggest omitting above -bolded language, as outdated. Does the City agree? Response: Yes , No , Change as follows: 5-4-13: INSURANCE: Each applicant for a safe and sane fireworks permit or for a dangerous fireworks permit, shall have filed with the City Clerk, prior to the issuance and validity of any permit, a policy, or certified true copy thereof, of public liability • and products liability insurance, including both "accident" and "occurrence" coverage. The insurance coverage limits for both public liability coverage and for products liability coverage shall be at least one hundred thousand dollars ($100,000.00) per person per occurrence bodily injury, three hundred thousand dollars ($300,000.00) per occurrence ME3 5-4 (6) • aggregate bodily, and one hundred thousand dollars ($100,000.00) per occurrence aggregate property damage. Each policy of insurance shall be in form and substance acceptable to the City, and shall name as insured parties under the terms of the policy the City, all officials, elected and appointed of the City in performance of official functions regarding all operations under or pertaining to said permit, any licensee or licensor of the applicant, and all vendors of fireworks covered by the permit to be issued to the applicant. Said policy of insurance shall be so written that it cannot be cancelled without at least ten (10) days' prior written notice to the City from the underwriting insurance company. The policy of insurance shall be underwritten through or by a qualified and duly licensed insurance company or companies doing or authorized to do insurance business in Idaho, and a copy of said policy shall be filed with the Clerk prior to the issuance of the permit. (Ord. 161, 6-5-1967) Are the insurance amounts correct? Response: Yes , No , Change as follows: • 5-4-14: TIME OF SALE: No safe and sane fireworks shall be sold or offered for sale except from twelve o'clock (12:00) noon on June 15 to twelve o'clock (12:00) midnight on July 5 of each year; provided however, that religious or charitable organizations may apply for special permit for display or use of safe and sane fireworks for celebration within a designated area and at other designated times. (Ord. 161, 6-5-1967) 5-4-15: TEMPORARY STANDS: Please carefully review subsections A through N below for accuracy and current practices of the City, and indicate any changes deemed appropriate. Temporary fireworks stands from which safe and sane fireworks are to be sold shall be subject to the following provisions: A. Sales Required Within Stand: All retail sales of safe and sane fireworks shall be permitted only from within a temporary fireworks stand, and the sale from any other building or structure is hereby prohibited. • B. Location: The stand in which the fireworks will be stored or sold shall not be located within twenty five feet (251) of any other building nor within one hundred feet (100') of any gasoline station or flammable liquid dispensing device or installation. ME3 5-4 (7) • C. Compliance With Building And Electrical Codes': All such stands shall meet the requirements of the Building Code of the City and all lighting circuits and other electrical equipment shall meet the requirements of the Electrical Code of the City. D. Exit Doors: The stand shall have exit doors at least thirty inches (30") wide at both ends of the structure and one additional door for each twenty five feet (25') of rear wall in excess of twenty five feet (25'). All doors shall open outward from the stand and all doorways shall be kept free and clear from all supplies and materials at all times. E. Fire Extinguishers: Each stand shall be provided with a minimum of two (2) 2.5 -gallon water type fire extinguishers, in good working order and easily accessible for use in case of fire, which shall be kept in immediate proximity to the location where the fireworks are retailed. F. Supervisor On Duty; Minors Working: There shall be at least one supervisor, twenty one (21) years of age or older, on duty at all times. All fireworks shall be effectively kept away from any kind of self service by the public, and shall be placed in a location which is unavailable and inaccessible to members of the public in capacities other than as legal • customers. No person under eighteen (18) years of age shall work at or about any stand where safe and sane fireworks are sold or offered for sale. G. Persons Inside Prohibited During Closing Hours: No person employed as a watchman shall be permitted to remain inside of any stand when it is not open for business. H. Smoking Restrictions: "No Smoking" signs shall be prominently displayed both inside and outside the stand. No smoking shall be permitted within the stand or within twenty five feet (25') of the stand. I. Time Period: No temporary stand shall be erected before June 10 of any year. The premises on which the stand is erected shall be cleared of all structures and debris not later than twelve o'clock (12:00) noon of July 6. J. Discharge Of Fireworks Near: No fireworks shall be discharged in or within twenty five feet (25') of any fireworks stand. K. Rubbish Accumulation; Fire Nuisance: No person shall allow any rubbish to accumulate in or around any fireworks stand or permit a fire nuisance to exist. • L. Fireworks Remaining Unattended: No fireworks shall remain unattended at any time regardless of whether the fireworks 1. See Title 10, Chapters 1 and 3 of this Code. ME3 • stand is open for business or not. If stored, they shall only be stored at approved for storage of fireworks by his representative. 5-4 (8) any fireworks are such places as are the City Fire Chief or M. Floor Area: No stand shall have a floor area in excess of seven hundred fifty (750) square feet. N. Location; Retail Sales Areas: No stand shall be erected at a location where retail sales are not allowed under the Zoning Code of the City'. (Ord. 161, 6-5-1967) 5-4-16: KEEPING RECORDS REQUIRED: Each permittee shall be required to retain at the licensed premises while said premises are open, and at is principal place of business for a year thereafter, copies of all invoices, receipts and orders evidencing the source from which he acquired the fireworks which he handled. (Ord. 161, 6-5-1967) 5-4-17: DEPOSIT REQUIRED: • The applicant shall post with the City Clerk a cash bond or cash deposit in the amount of not less than fifty dollars ($50.00) or such other security as may be acceptable to the Mayor or Council conditioned upon the prompt removal of the temporary fireworks stand and the cleaning up of debris from the site of the temporary fireworks stand, which deposit or security shall be returned to the applicant only in the event he removes said temporary fireworks stand and cleans up all debris to the satisfaction of the Fire Chief, or such other official as the Council or Fire Chief may designate. In the event of the applicant's failure to so remove the stand and debris, such cash bond or cash deposit shall be forfeited to the City. In no event shall the applicant be entitled to the return of said cash bond or cash deposit if he has failed to remove said temporary fireworks stand and clean up all debris by twelve o'clock (12:00) noon of July 12 of the year in which the permit is granted, and failure to do so shall be punishable as provided in Section 1-4-1 of this Code. (Ord. 161, 6-5-1967; 1997 Code) Is the $50.00 deposit the current amount? Response: Yes , No , Change as follows: • Is the time and date correct? 1. See Title 11 of this Code. ME3 • Response: Yes , No , Change as follows: n LJ • 5-4 (9) Sterling omitted the specific penalty amount of $250.00 and imprisonment for 30 days in the City jail, and inserted the reference to the general penalty clause of the new City Code, Section 1-4-1. The City Attorney has agreed with Sterling's suggestion to omit penalty amounts and imprisonment throughout the new City Code and refer to the general penalty clause. 5-4-18: COMPLIANCE WITH STATUTE AND CHAPTER; PERMIT DENIAL: It shall be the duty of every person issued a fireworks permit to comply with all the provisions of the Idaho State Fireworks Act' and this Chapter. The conviction for violation of the aforesaid Idaho State Fireworks Act or any of the provisions of this Code by the permittee, or by any of its agents, employees, or officers shall constitute a cause, in and of itself, to deny a subsequent application for a permit. (Ord. 161, 6-5-1967) I.C. § 39-2601 et seq. IE I• ME3 • !TITLE! 6 POLICE REGULATIONS Police Department Animal Control Misdemeanors Minors . . . . . Due to the age of the legislation, we have not new Code the following chapters contained in t Code. If the City does, in fact, still enforce chapters or provisions, so indicate by checking blank line. T6 (1) 1 2 3 4 included in the he 1955 City any of the the "Retain" Chapter Title & Number omit Retain Civil Defense (8-3) If any of the above chapters should be retained, we will • include them in this Title 6. Also keep in mind that if any of such chapters are retained, the City needs to review all the provisions of same for accuracy and current practices of the City, as one of the goals in recodifying is the omission of obsolete legislation and the inclusion of up-to-date, enforceable provisions. if the City has re -written text for any the above chapters, or any additional police regulations, please include same with the Code Workbook when the Workbook is returned to Sterling for final changes before publication. Are any such re -written chapters included? If so, please list them below: Response: Remember that sample provisions are available upon request. The following samples are requested? Response: None requested , Send samples regarding the following subjects: ME3 • CHAPTER 1 POLICE DEPARTMENT n LJ E 6-1 (1) For statute authority regarding powers of police officers, see I.C. 5 50-209. Suggest the City draft current language setting out the appointment, qualifications, membership and duties of the Meridian Police Department. This Chapter is outdated and inadequate. If the City agrees, please provide current language. Response: Text to replace this Chapter included , City to draft new ordinance Request Sterling send sample provisions , Other: We have not included Section 5-203, "Ex from the 1955 City Code in this Chapter Magistrate Judges have replaced Police indicate if the City wishes to include place of this Section. Response: SECTION: 6-1-1: Chief of Police 6-1-2: Police Training Aid !2R! 6-1-1: CHIEF OF POLICE: Officio Police Judge" of the new Code, since Judges. Please so other provisions in A. Duties: The Chief of Police, under the direction of the Mayor, shall direct and control the police of the City. He shall preserve the peace and good order of the City, quell all riots, arrest and bring all violators of the City ordinances before the Police Judge for trial, either with or without process, serve all processes issued by the Police Judge to him directed, and enforce all orders and judgments of said court, and take such measures as shall secure the peace and good order of all public meetings. The Chief of Police, in the execution of his duty, with or without warrant, in arresting any person accused or suspected of crime or in the suppression of any riot or unlawful assembly, or in the prevention of violation of the City ordinances, shall have the power to call upon any citizen or bystander to assist him in the execution of his duty. He shall inquire into and report to the Police Judge all violations of the City ordinances and criminal laws of this State, and cause all ordinances passed by the Council to be enforced. He shall take into custody, with or without process, any person found violating the City ordinances and ME3 6-1 (2) • bring such person before the Police Judge to be dealt with according to law. (1955 Code §§ 1-807, 5-201) Police Judge should be changed to Magistrate Judge. Does the City agree? Response: Yes , No , Change as follows: B. Appoint Special Police: The Chief of Police shall, with the consent of the Mayor, appoint such special police as may be required, but no such special police shall be appointed for a period longer than ten (10) days, without the consent of the Council, and the same shall not be reappointed at the expiration of the ten (10) days without the consent of the Council. All such appointments of special police officers shall be reported to the Council by the Mayor at the next regular meeting after such appointment. (1955 Code § 1-807) Is the 10 day period correct? • Response: Yes , No , Change as follows: C. Keep Records: The Chief of Police shall keep a record in a book provided for that purpose, of all moneys belonging to the City which may come into his hands from whatever source, stating from whom and on what account received and pay the same into the City Treasury. He shall also record the name, if known, of every person arrested, the date and cause of arrest, and such other facts as may be deemed important, and report an abstract thereof to the Council quarterly, or more often if required. (1955 Code § 5-202) 6-1-2: POLICE TRAINING AID: The City declares that it desires to qualify to receive aid for police training from the Law Enforcement Planning Commission under the provisions of Idaho Code section 19-5118, and therefore, said section 19-5117 of said chapter 51, the City, while receiving aid from the Law Enforcement Planning Commission pursuant to said chapter 51, will adhere to the standards for employment and training established by the Idaho • Peace Officer Standards and Training Advisory Council. (Ord. 238, 5-7-1973) Is above Section currently in effect in the City? Note that I.C. 55 19-5117 through 19-5121 have been repealed by S.L. 1981, ch. 307. If the City wishes to retain Section 6-1-2, ME3 6-1 (3) • please review carefully, as text does not make sense. It appears that material might be missing. Please advise. Response: Omit Section Retain Section as is Retain Section with changes as indicated 11 • ME3 • CHAPTER 2 ANIMAL CONTROL 6-2 (1) Statute authority, I.C. 55 50-319, 25-2901 et seq. and 25-3501 et seq. The City may want to consider adding to and updating this Chapter, especially in regard to the following: Cats (many communities are now regulating cats in the same manner as dogs) Vicious or Dangerous Animals (see sample section on last page of this Chapter) 6-2--1: Definitions 6-2--2: Animal Control Officer 6-2--3: License Required; Tag; Fees 6-2--4: Rabies Vaccination 6-2--5: Imitation License Tags 6-2--6: Ownership Restriction • 6-2--7: Running At Large 6-2--8: Impoundment Of Dogs; Fees 6-2--9: Voluntary Disposal Of Dogs; Fee 6-2-10: Dogs Rushing At Persons 6-2-11: Barking Or Howling Dogs 6-2-12: Female Dogs In Heat 6-2-13: Cruelty To Animals 6-2-14: Poisoning Of Animals 6-2-15: Injured Or Diseased Dogs, Destruction 6-2-16: Rabies Control 6-2-17: Liability For Damage To Property 6-2-18: Removal Of Dead Animals 6-2-19: Livestock Harbored On Private Property 6-2-20: Penalty !2R! 6-2-1: DEFINITIONS: As used in this Chapter, the following terms shall be defined as in this Section provided: !DEF! DOG: Includes either a male or female member of the canine family. OWNER: Includes any person owning, keeping, harboring, or • otherwise responsible for such animal. (Ord. 379, 9-2-1980) !DEFEND! The following are some sample definitions the City may want to ME3 6-2 (2) • consider for inclusion in this Chapter. Please check those to be added and cross out those not wanted, and/or add new ones per City wording. • !DEF! anima. limit. more ANIMAL: Every domesticated; and tame living creature, except members of the human race.; DOG: Both male and female over the age of-, sim #6) months. OWNER: Any person,awning, keepingor harboring a dog or other animal. 6-2-2: ANIMAL CONTROL OFFICER: A. Appointment: The Chief of Police shall appoint an Animal Control Officer who shall, under the direction of the Chief of Police, have the authority to enforce the provisions of this Chapter. B. Interfering With: It shall be unlawful for any person to: 1. Hinder or interfere with in any manner, the Animal Control Officer while enforcing any of the provisions of this Chapter, • or; 2. Recover or attempt to recover possession of any impounded animal, in any manner contrary to the provisions of this Chapter. (Ord. 379, 9-2-1980) ME3 6-2 (3) • 6-2-3: LICENSE REQUIRED; TAG; FEES: A. License Required: It shall be unlawful for any person to own, harbor, keep or possess a dog which is more than six (6) months of age within the City without first procuring a license therefor as provided by this Chapter; provided, however, that the provisions of this Chapter shall not apply to any person visiting in the City for a period not exceeding thirty (30) days, and owning or possessing a dog currently licensed, and bearing the license issued by another municipality or other licensing authority. B. Collar; Tag: Every dog shall at all times wear a substantial, durable collar, to which shall be securely attached the required license tag. C. License Fees; Expiration: 1. License Term: All dog licenses within the City shall be valid only in the calendar year issued and shall expire December 31 of that year. 2. License Fee: The owner or person having charge of any dog, except as provided in this Chapter, shall make application to the City for a dog license and pay an animal license fee as • follows: Non -neutered male dogs $10.00 Non -spayed female dogs 10.00 Neutered or spayed dogs 5.00 !SETLRM!! SETFNT! 1 SETTAB! Are the fees current? Response: Yes , No , Change as follows: 3. Lost Tags; Fee: A charge of three dollars ($3.00) shall be made for each lost license tag reissued by the City. Is the fee correct? Response: Yes , No , Change as follows: • 4. Certificate Of Neuter Required: A certificate of neuter or spay issued by a veterinarian or the Idaho Humane Society shall be required to be present at the time the license is applied for in order to secure the license rate for a neutered or spayed dog. (Ord. 379, 9-2-1980) ME3 6-2 (4) • 6-2-4: RABIES VACCINATION: A. Certificate Required: The owners of all dogs required to be licensed under this Chapter shall present to the City Licensing Department, prior to being issued a dog license, a valid rabies vaccination certificate issued by a licensed veterinarian. B. Guidelines: A rabies certificate shall be considered valid within the following guidelines: 1. Within one year from the date of issue when the dog vaccinated was less than one year old. 2. Within three (3) years from the date of issue when the dog vaccinated was one or more years of age. (Ord. 379, 9-2-1980) 6-2-5: IMITATION LICENSE TAGS: It shall be unlawful for any person to allow any dog owned, kept or harbored by him to wear a license tag issued for another dog or to wear any imitation of the license tag issued by the City for that year, or any tag marked on plate or collar similar to that required by the City at the time and • calculated to deceive. (Ord. 379, 9-2-1980) 6-2-6: OWNERSHIP RESTRICTION: No person or establishment may at any one time own or license more than three (3) dogs at any single location within the jurisdiction of this Chapter unless otherwise authorized by law or ordinance. This provision shall not apply to a litter of puppies under six (6) months of age and kept and housed with the mother. (Ord. 379, 9-2-1980) 6-2-7: RUNNING AT LARGE: A. Dogs: It shall be unlawful for any dog owner to allow or permit any dog, whether licensed or not, to be or remain upon the streets or alleys of Meridian, or in any public place in Meridian, or upon any other premises without the consent of the person in possession of such other premises, unless: 1. Such dog be in custody of a person and controlled by a leash not exceeding six feet (6') in length, or unless: 2. Such dog be confined in a motor vehicle. • B. Livestock: No horse, mule, cow, calf, steer, bull, swine or other domestic animal shall be allowed to run at large, or to be herded in any of the streets, alleys or public places within the corporate limits of the City or upon any private premises therein, except those of the owners of such animals, • U ME3 6-2 (5) unless when being driven through for shipment or other purposes, the owner or owners of such animals first obtain permission of the owner or owners of such private premises, or his or their agent or the occupant thereof. Any animal found in violation of this subsection B is subject to impoundment with impound fees equivalent to the cost incurred by the City, but no less than the impound fee schedule in Section 6-2-8 of this Chapter. (Ord. 379, 9-2-1980) 6-2-8: IMPOUNDMENT OF DOGS; FEES: A. Impoundment: It shall be the duty of the Animal Control Officer to impound any dog found running loose within the City limits in violation of the provisions of this Chapter. 1. Notice: The Animal Control Officer shall cause notice to be served within forty eight (48) hours, either in person or by mail upon the registered owner of any dog wearing a valid license impounded under the provisions of this Chapter. 2. Nuisance Declared; Disposal: Any dog, either licensed or unlicensed, impounded under the provisions of this Chapter, not redeemed within five (5) working days, is declared to be a public nuisance and shall be disposed of in a humane manner. B. Fees: 1. Impound Fees: Any person recovering possession of any dog impounded under the provisions of this Chapter shall, in addition to obtaining a license for such dog, if the dog is not then licensed, pay an impound fee as follows: First impoundment $15.00 Second impoundment 25.00 Third impoundment 50.00 Fourth and subsequent impoundments 75.00 !SETLRM!! SETFNT! ! SETTAB! Are the fees correct? Response: Yes , No , Change as follows: 2. Board Fee: In addition to the impound fee, a board fee of two dollars ($2.00) per day shall be charged. (Ord. 379, 9-2-1980) Is the fee current and adequate? Response: Yes , No , Change as follows: i ME3 6-2-9: VOLUNTARY DISPOSAL OF DOGS; FEE: 6-2 (6) The Animal Control Officer, at the request of any resident, shall pick up and dispose of any dog owned or under the control of that person. The charge for this service shall be the sum equivalent to that incurred by the City for the disposition of that animal, but in no event less than fine dollars ($5.00). This fee shall be paid at the time such animal is picked up. (Ord. 379, 9-2-1980) Is the fee current? Response: Yes , No , Change as follows: 6-2-10: DOGS RUSHING AT PERSONS: Any owner or keeper of a dog that rushes at any person, on a public right of way; lawfully on any property, public or private; any postal, utility or City employee during the course of their employment; or any cyclist or motor vehicle, • shall keep such dog confined or tethered in such a manner as to prevent such action by said dog. (Ord. 379, 9-2-1980) 6-2-11: BARKING OR HOWLING DOGS: It shall be unlawful for any person to permit a dog in their custody or under their control to bark, howl or otherwise create a disturbance to any neighbor. (Ord. 379, 9-2-1980) 6-2-12: FEMALE DOGS IN HEAT: Each female dog, when in heat, shall be penned or enclosed in such a manner as to preclude other dogs from attacking or being attracted to such female dog in such a manner so as to create a public nuisance. (Ord. 379, 9-2-1980) 6-2-13: CRUELTY TO ANIMALS: A. Food And Shelter: No owner shall fail to provide his animal(s) with sufficient food, proper shelter and adequate veterinary care when required. • B. Abuse: No person shall beat, torment, overwork, or otherwise abuse any animal. C. Abandonment: No person shall abandon any animal. D. Disposition Of Dead Animals: No person shall place or cause ME3 6-2 (7) • to be placed, any dead animal on public or private property without the consent of the owner or person in charge of the property. (Ord. 379, 9-2-1980) 6-2-14: POISONING OF ANIMALS: It is unlawful for any person by any means to make accessible to any animal, with intent to cause harm or death, any substance which has in any manner been treated or prepared with any harmful or poisonous substance. This Section does not prohibit the lawful use of poisonous substances for the control of rodents and insects in furtherance of the public health. (Ord. 379, 9-2-1980) 6-2-15: INJURED OR DISEASED DOGS, DESTRUCTION: Any dog impounded hereunder and suffering from serious injury or disease may be humanely destroyed at the discretion of the Chief of Police or the Idaho Humane Society, Inc. (Ord. 379, 9-2-1980) 6-2-16: RABIES CONTROL: • A. Proclamation Of Mayor: The Mayor of the City is hereby authorized and empowered to issue a proclamation upon order of the City Council whenever the prevalence of rabies in the City and vicinity deems it necessary calling attention of the public to the necessity of complying with the provisions of this Chapter relative hereto. B. Running At Large During Prevalence Of Rabies: It shall be unlawful for the owner or keeper of any dog to permit such dog to run at large within the limits of the City, during the prevalence of rabies in the City, or after the issuance of a Mayor's proclamation as provided in subsection A of this Section. C. Quarantine: 1. Keeping Dog Afflicted with Rabies: It shall be unlawful for a person to own, keep or harbor any dog afflicted with rabies. 2. Confinement; Fee; Disposition: It is hereby made the duty of any owner of a dog showing symptoms of rabies, or of an unvaccinated dog which has bitten any person causing an abrasion of the skin, to surrender the dog for confinement at the Idaho Humane Society, Inc., or to a licensed veterinarian, • for a minimum of ten (10) days. If such dog shall be determined free of rabies, the same shall be returned to the owner upon payment of the regular fee for keeping dogs impounded. If such fee is not paid, the dog shall be subject to disposal as provided by law. At the discretion of either the Idaho Humane Society, Inc., the Health Department, or the ME3 6-2 (8) • Chief of Police, the quarantine of a dog may be upon the premises of the owner, or the person in charge of such dog, if the dog is securely confined, kept from contact with other animals and is submitted to a veterinarian for examination at the owner's expense to determine whether or not the dog is rabid. (Ord. 379, 9-2-1980) Should "Health Department", as bolded in above Section, be changed to "Central District Health Department"? Response: Yes , No , Change as follows: 6-2-17: LIABILITY FOR DAMAGE TO PROPERTY: The owner, harborer or keeper of any animal that does damage to property of another shall be liable to the owner of the property damaged for the damages and costs of suit. In the prosecution of actions of such damage, it is not necessary for the plaintiff to show that the owner, harborer or keeper of such animal had knowledge of the fact that such animal was doing damage to the property. (Ord. 379, 9-2-1980) 6-2-18: REMOVAL OF DEAD ANIMALS: It shall be the duty of the Animal Control Officer to remove or cause to be removed, the carcass of any dead animal found in any public place within the City limits and properly dispose of same. (Ord. 379, 9-2-1980) 6-2-19: LIVESTOCK HARBORED ON PRIVATE PROPERTY': A. Stable Refuse Care: It shall be unlawful to allow stable refuse to accumulate in such a manner that it becomes unsightly and/or offensive to the smell. It is hereby required that such refuse be removed from the legal sanitary limits of the City at least once each week. (1955 Code § 8-1201) B. Undue Noises: It shall be unlawful to harbor or allow to remain within the corporate limits of the City any livestock which emits noises disturbing to residents of the City. (1955 Code § 8-1202) C. Stock -Tight Fences: It shall be unlawful to allow or maintain fences which are inadequate to keep livestock within • the confines of the plot, lot or pasture where such livestock is normally harbored. (1955 Code § 8-1203) 1. See subsection 11-8-1D of this Code for zoning restrictions. ME3 6-2 (9) • Are all or any portion of the above provisions obsolete? Response: Delete entire Section Retain as is , Retain with changes as marked 6-2-20: PENALTY: It shall be unlawful and punishable as a misdemeanor to violate any of the provisions of this Chapter. (Ord. 379, 9-2-1980) The following is another sample provision the City may want to consider for inclusion in this Chapter. Does the City want to include the following Section, or similar text? Response: • Include Section as is Include Section as marked with changes Do not include Section Include all new provisions enclosed herewith by City 11 VICIOUS DOGS Any person who shall pe f'the City sh ME3 • CHAPTER 3 MISDEMEANORS 11 • 6-3 (1) Misdemeanors and general offenses, as contained in various chapters of Title 8 of the 1955 City Code (especially Chapter 16 - see blue page following this Chapter for disposition), are included in this Chapter, placed alphabetically. nue to the age of much of the legislation, and outdated text, we are suggesting the City consider adopting the State Criminal Code by reference (listing the appropriate statute sections, as the City has done with the traffic regulations, Section 7-1-1 of this Code Workbook). See our further comments following Section 6-3-1 below. This Chapter needs a thorough review by the City Attorney. SECTION: 6-3--1: State Law Adopted 6-3--2: Abandoned Ice Boxes, Refrigerators, Containers 6-3--3: Aid In Escape 6-3--4: Aid To An Offense 6-3--5: Air -Guns, Firearms And Weapons 6-3--6: Arson 6-3--7: Assault Or Battery 6-3--8: Coin -Operated Amusement Devices Prohibited 6-3--9: Concealed Weapons 6-3-10: Deposits Of Injurious Material On Thoroughfares 6-3-11: Disorderly Conduct, Places 6-3-12: Disturbing The Peace 6-3-13: Drunkenness 6-3-14: Electric Fences Prohibited 6-3-15: Escapes 6-3-16: Failure To Appear 6-3-17: False Pretenses 6-3-18: Fraudulently Avoiding Payment Of Admission Fees 6-3-19: Furnishing Weapons And Other Articles To Prisoners 6-3-20: Gambling 6-3-21: General Offense 6-3-22: Giving Assistance To Police Officer 6-3-23: House Of Prostitution 6-3-24: Hypnosis 6-3-25: Impersonating An Officer 6-3-26: Indecent Exposure 6-3-27: Keeping Of Junk Restricted 6-3-28: Lewd Cohabitation 6-3-29: Liquor Related Offenses 6-3-30: Loitering 6-3-31: Lug Wheels Prohibited 6-3-32: Malicious Injury To Property 6-3-33: Molesting Fire Apparatus 6-3-34: Muffler; Unnecessary Noise 6-3-35: Noises Creating Public Disturbance 6-3-36: Nuisances Defined 6-3-37: Obscene Conduct ME3 6-3 (2) • 6-3-38: Obscene Literature, Distribution Of 6-3-39: Petit Larceny 6-3-40: Prostitution 6-3-41: Resisting An Officer 6-3-42: Riot 6-3-43: Swindling 6-3-44: Trespassing 6-3-45: Unlawful Assembly 6-3-46: Vagrancy 6-3-47: Wilful Concealment Of Goods, Wares Or Merchandise !2R! 6-3-1': STATE LAW ADOPTED: A. Adoption: There is: -hereby adopted by the City, Idaho Code' title 18, 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.', • So 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, 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, include above Section as is No, omit above Section Change text of Section as follows (or attach separately): (This is where the City could add the list of appropriate statute sections from I.C. title 18.) Note that, following the catchlines of most of the following sections of this Chapter, we show the statute authority, and ask if the section should be "Omitted" or "Retained". Keep in mind that many of those sections, if the City chooses to retain, will need careful review by the City Attorney, and modification for compliance with statute. There are also a few sections which we feel, if retained, would be better placed in another area of the new City Code. • ME3 6-3 (3) 6-3-2: ABANDONED ICE BOXES, REFRIGERATORS, CONTAINERS: Statute authority, I.C. 3 18-5816. Omit Retain It shall be unlawful for any person to leave or permit to remain outside of any dwelling, building or other structure, or within any unoccupied or abandoned building, dwelling, or other structure under his control, in a place accessible to children, any abandoned, unattended or discarded ice box, refrigerator or other container which has a door or lid, snaplock or other locking device which may not be released from the inside, without first removing said door or lid, snaplock or other locking device or by first fastening, bolting or locking the same in such a manner that it is impossible to open the same by the use of the hands. Any person violating the provisions of this Section shall be deemed guilty of a misdemeanor. (1955 Code § 8-801) 6-3-3: AID IN ESCAPE: Statute authority, I.C. S 18-2504; said statute provides that • this offense is a felony. Does the City enforce? Omit Retain It shall be unlawful for any person to aid or assist any person to escape from lawful confinement or to assist any person to escape from the custody of any peace officer. (Ord. 164, 6-12-1967) 6-3-4: AID TO AN OFFENSE: Statute authority, I.C. S 18-304. Omit Retain It shall be unlawful for any person, in any way or manner, to aid, abet, counsel, advise, or encourage any other person in the commission of any of the acts mentioned herein or in any manner encourage the commission of such offense hereby defined. (Ord. 164, 6-12-1967) 6-3-5: AIR -GUNS, FIREARMS AND WEAPONS: • Statute authority, I.C. 8 18-3301 et seq. Omit Retain A. Definition: Wherever the term "firearms" is used in this Section, said term shall mean any instrument used in the ME3 6-3 (4) • propulsion of shot, shell, or bullets by the action of gunpowder exploded within it, or by the action of compressed air within it, or by the power of springs, and including what are commonly known as air rifles or B -B guns. (1955 Code § 8-201) B. Prohibited Acts: 1. Concealed Weapons: It shall be unlawful for any person to carry concealed upon his person any brass knuckles, revolver, pistol, dagger, stiletto or other deadly weapon. (1955 Code § 8-202) See also Section 6-3-9 of this Chapter, "Concealed Weapons" (derived from a 1967 ordinance). Suggest that one section or the other be omitted. Does the City agree? Response: Yes, omit above subsection B1 Retain subsection B1 as is and omit Section 6-3-9 Retain subsection B1 and change as follows: 2. Discharge Of Firearms Prohibited; Exception: It shall be unlawful for any person to discharge firearms of any kind or description within the limits of the City; provided, however, that this shall not apply to police officers in the discharge of their duties. (1955 Code § 8-203) 6-3-6: ARSON: Statute authority, I.C. S 18-801 et seq. Omit Retain It shall be unlawful for any person to commit arson which is hereby defined as to maliciously and deliberately set fire to or burn or cause to be burned, or aid, counsel or procure the burning of any dwelling or other valuable property either of himself or others. (Ord. 164, 6-12-1967) 6-3-7: ASSAULT OR BATTERY: Statute authority, I.C. S 18-901 et seq. Omit Retain • It shall be unlawful for any person to commit assault or battery which is hereby defined as any wilful and unlawful use of force or violence upon the person of another. (Ord. 164, 6-12-1967) ME3 6-3 (5) • 6-3-8: COIN-OPERATED AMUSEMENT DEVICES PROHIBITED: Omit , Retain 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. 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) 6-3-9: CONCEALED WEAPONS: Statute authority, I.C. § 18-3302 et seg. See our comment at subsection 6-3-5B1 of this Chapter. • Omit , Retain It shall be unlawful for any person excepting peace officers to carry any slingshot, or any concealed weapon within the City. (Ord. 164, 6-12-1967; 1997 Code) • ME3 6-3 (6) 6-3-10: DEPOSITS OF INJURIOUS MATERIAL ON THOROUGHFARES: Statute authority, I.C. § 18-3906. Omit Retain It shall be unlawful for any person to deposit, place or allow to remain in or upon any public thoroughfare any material or substance injurious to persons or property. (Ord. 164, 6-12-1967) 6-3-11: DISORDERLY CONDUCT, PLACES: Statute authority, I.C. § 18-6401 et seq. Omit Retain A. Disorderly Conduct: It shall be unlawful for any person to engage in any illegal or improper diversion or to use insulting, indecent or immoral language, or to be guilty of any indecent, insulting or immoral conduct or behavior. B. Disorderly Dance Halls: It shall be unlawful for any person • to keep a dance hall where lewd or disorderly persons assemble together for the purpose of dancing. C. Disorderly Houses: It shall be unlawful for any person to keep a disorderly house or place of business, or to allow, permit, or suffer in any house or place or building kept, used, or occupied by him within the limits of the City any drunkenness, quarreling, fighting, unlawful games, or riotous or disorderly conduct. (Ord. 164, 6-12-1967) Note that I.C. § 18-5612, "Disorderly houses - Penalty for keeping" was repealed by S.L. 1994, ch. 130, effective July 1, 1994. Does the City wish to retain subsection C above? Response: Yes , No , Change as follows: 6-3-12: DISTURBING THE PEACE: Statute authority, I.C. § 18-6409. Omit Retain • It shall be unlawful for any person, wilfully, maliciously, intentionally, or unnecessarily, to disturb the peace and quiet of another or of any neighborhood or family or religious congregation or other assembly by loud or unusual noises or indecent behavior or by offensive or unbecoming conduct for ME3 6-3 (7) any person to threaten, quarrel, fight or provoke an assault or battery or curse or swear or utter any obscene or vulgar or indecent language in the presence of another. (Ord. 164, 6-12-1967) 6-3-13: DRUNKENNESS: Note that I.C. 5 49-732, "Pedestrians under influence of alcohol or drugs", was repealed by S.L. 1982, ch. 353, effective July 1, 1983. Omit Retain It shall be unlawful for any person to be found drunk, intoxicated, or under the influence of intoxicating liquor upon any public thoroughfare or other public place. (Ord. 164, 6-12-1967) 6-3-14: 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) Suggest above Section be omitted in lieu of subsection 8 -4 -SA of this Code Workbook (derived from 1975 Ord.), which also prohibits electric fences in the City limits. Does the City agree? Response: Yes , No , Change as follows: 6-3-15: ESCAPES: Statute authority, I.C. 5 18-2506. Omit , Retain It shall be unlawful for any person convicted of any offense or in lawful custody to escape or attempt to escape from custody. (Ord. 164, 6-12-1967) • 6-3-16: FAILURE TO APPEAR: It shall be unlawful for any person receiving a traffic ticket, summons, or any other document issued to him by a police officer or the police judge of the City to fail to appear as directed on said ticket, summons or document. (Ord. • ME3 6-3 (8) 6-3-17: FALSE PRETENSES: Statute authority, I.C. 5 18-2401 et seg. Omit Retain It shall be unlawful for any person to obtain any food, drink, goods, wares or merchandise under false pretenses, or to enter any public place and call for refreshments or other articles and receive and refuse to pay for the same, or depart without paying for or satisfying the person from whom he received the food, goods, wares and merchandise. (Ord. 164, 6-12-1967) 6-3-18: FRAUDULENTLY AVOIDING PAYMENT OF ADMISSION FEES: Statute authority, I.C. S 18-2401 et seg. Omit Retain It shall be unlawful for any person fraudulently to enter, without payment of the proper admission fee, any theater, ballroom, lecture, concert, or other place where admission fees are charged; provided, however, that nothing herein • contained shall be deemed to prohibit or restrict the free admission of police officers engaged in the performance of police duties to any place of public entertainment or amusement. (Ord. 164, 6-12-1967) 6-3-19: FURNISHING WEAPONS AND OTHER ARTICLES TO PRISONERS: Statute authority, I.C. S 18-2503; violation of this statute considered a felony. Does the City enforce? Omit Retain It shall be unlawful for any person to furnish or attempt to furnish or take into jail or to deliver to any prisoner therein confined, or in the custody of any officer, any weapon, tool, intoxicating liquor, drug or other article without the consent of the officer in charge. (Ord. 164, 6-12-1967) 6-3-20: GAMBLING: Statute authority, I.C. S 18-3801 et seg.; wording in the following section is obsolete. • Omit Retain Every person who deals, plays or carries on, opens or causes to be opened, or who conducts, either as owner, employee, or lessee, whether for hire or not, any game of faro, monte, ME3 6-3 (9) • roulette, lansquenet, rouge et noir, rondo, Indian stick game, poker, hokey, or any game played with cards, dice or any other device for money, checks, credit or any other representative of values, is guilty of a misdemeanor. (Ord. 122, 6-3-1963) 6-3-21: GENERAL OFFENSE: Statute authority, I.C. S 18-303. Omit , Retain It shall be unlawful for any person to commit any act or fail to perform any requirement which is prohibited or required by State law, insofar as such laws are applicable to City government. (Ord. 164, 6-12-1967) 6-3-22: GIVING ASSISTANCE TO POLICE OFFICER: Statute authority, I.C. S 18-707. Omit Retain It shall be unlawful for any male citizen over the age of • eighteen (18) years to refuse or neglect to render assistance to any police officer when called upon for such assistance or aid in the suppression of riot or other unlawful assemblage or in the arrest of any person who has committed an offense. (Ord. 164, 6-12-1967) 6-3-23: HOUSE OF PROSTITUTION: Note that I.C. 9 18-5612 was repealed by S.L. 1994, ch. 130, effective July 1, 1994. Omit , Retain It shall be unlawful for any person to keep or assist in the keeping of a house of ill fame or prostitution or knowingly to reside therein or knowingly to rent, lease or permit any person to occupy any house or room owned, leased or controlled by him for this purpose. (Ord. 164, 6-12-1967) 6-3-24: HYPNOSIS: Omit , Retain • A. Definitions: As used in this Section, the following terms shall have the meanings as prescribed herein: !DEF! DOCTOR OF MEDICINE OR DOCTOR OF DENTISTRY: Shall be in accordance with the standards required by Idaho Code title 54, chapters 9 and 18. ME3 6-3 (10) • HYPNOSIS: A condition or state of selective hyper - suggestibility brought about in an individual (subject) through the use of certain specific psychological or physical manipulations of this individual by another person (hypnotist) as recognized and accepted by the medical, dental and psychology professions. PSYCHOLOGY AND PSYCHOLOGIST: Shall be in accordance with the standards required by a Ph.D. degree in clinical psychology granted by an accredited university meeting the requirements of the American Psychological Association. QUALIFIED: In addition to the requirements above stated, this term shall mean that the doctor of medicine, dentistry and psychology shall have received instruction in the use and application of hypnosis equivalent to an accredited university lecture and laboratory course together with the successful supervised application of hypnosis to a minimum of twenty five (25) cases. B. Unlawful Use: It shall be unlawful to apply or to use hypnosis for stage or parlor entertainment or for public demonstrations. The use or application of hypnosis shall be limited to licensed and qualified doctors of medicine, • dentistry and psychology; provided however, that the use of hypnosis by qualified and licensed psychologists shall be done only under the supervision of a licensed doctor of medicine. C. Violation: Any person violating the provisions of this Section shall be deemed guilty of a misdemeanor. (Ord. 101, 6-1-1959) 6-3-25: IMPERSONATING AN OFFICER: Omit , Retain It shall be unlawful for any person to falsely represent himself to be an officer of the City or attempt to impersonate any officer or, without authority, to perform any official act for or on behalf of such officer. (Ord. 164, 6-12-1967) 6-3-26: INDECENT EXPOSURE: Statute authority, I.C. § 18-4116 et seg. Omit Retain It shall be unlawful for any person to appear in a state of • nudity or in any indecent or lewd dress or condition in any public place or in any such place to make any indecent exposure of his or her person or private parts thereof or the private parts of another, or to conduct himself in a lewd or lascivious manner, or to appear in any such place in a dress not belonging to his sex. (Ord. 164, 6-12-1967) ME3 6-3 (11) • Bolded text above could present problems in attempt to enforce. If above Section is retained, does City want to omit bolded text? Response: Yes , No , Change as follows: 6-3-27: KEEPING OF JUNK RESTRICTED: Statute authority, I.C. 3 18-5901. We feel this Section is covered by Title 4, Chapter 4 of this Code Workbook, "Abandoned Or Inoperable Vehicles Or Personal Property". Omit Retain It shall be unlawful for any person to store or keep any old articles or materials which may be classified as junk adjacent to or in close proximity to any schoolhouses, churches, public parks, public grounds, business buildings or residences without first providing proper and tight buildings for the storage of the same. (Ord. 164, 6-12-1967) • 6-3-28: LEWD COHABITATION: • Note that I.C. 5 18-6604 was repealed by S.L. 1994, ch. 167, effective July 1, 1994. Omit , Retain It shall be unlawful for any man or woman not being married to each other, to live and cohabit together as man and wife, or lewdly and notoriously to associate together. (Ord. 164, 6-12-1967) 6-3-29: LIQUOR RELATED OFFENSES: This Section might be better placed in Title 3, Chapter 2 of this Code Workbook, especially since subsection A2 allows for a permit. Does the City agree? Omit Retain Section as is in this Chapter Retain Section and move to Title 3, Chapter 2 Other instructions: A. Alcoholic Beverages Prohibited In City Parks: ME3 6-3 (12) • 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. (Ord. 515, 10-3-1989; 1997 Code) 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 or organization to the criminal penalties cited in subsection • Al above. (Ord. 515, 10-3-1989) B. Open Container Law: Statute authority, I.C. S 23-505. Omit Retain 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. (Ord. 509, 6-6-1989; 1997 Code) 6-3-30: LOITERING: ME3 • Omit , Retain 6-3 (13) A. Loitering Prohibited: It shall be unlawful for any person to loiter, loaf, wander, stand or remain idle either alone and/or in consort with others in a public place in such manner so as to: 1. Obstruct any public street, public highway, public sidewalk or any other public place or building by hindering or impeding or tend to hinder or impede the free and uninterrupted passage of vehicles, traffic or pedestrians. 2. Commit in or upon any public street, public highway, public sidewalk or any other public place or building any act or thing which is an obstruction or interference to the free and uninterrupted use of property or with any business lawfully conducted by anyone in or upon or facing or fronting on any such public street, public highway, public sidewalk or any other public place or building, all of which prevents the free and uninterrupted ingress, egress and regress, therein, thereon and thereto. B. Police Order To Disperse: When any person causes or commits any of the conditions enumerated in subsection A herein, a • police officer or any law enforcement officer shall order that person to stop causing or committing such conditions and to move on or disperse. Any person who fails or refuses to obey such orders shall be guilty of a violation of the Section. (Ord. 220, 12-6-1971; 1997 Code) 6-3-31: LUG WHEELS PROHIBITED: Statute authority, I.C. S 49-948. It shall be unlawful for tractors with wheels injurious to pavement to be permitted upon the public thoroughfares unless the operator of such vehicle shall first plank such street. (Ord. 164, 6-12-1967) This Section is a traffic provision, and, if not omitted, could be placed in the Traffic Title of the new Code. Section 7-1-1 of this Code workbook adopts the Idaho Motor Vehicle Laws by reference. Omit , Retain in this Chapter Retain and move to Title 7 of the new Code 6-3-32: MALICIOUS INJURY TO PROPERTY: • Statute authority, I.C. S 18-7001 et seg. Omit , Retain It shall be unlawful for any person wilfully and maliciously ME3 • to injure, deface, mutilate, remove, pull any manner interfere with, molest, secrete or personal property belonging to or under person. (Ord. 164, 6-12-1967) 6-3-33: MOLESTING FIRE APPARATUS: Statute authority, I.C. 5 18-7001 et seg. Omit Retain 6-3 (14) down, break or in or destroy any real the control of any It shall be unlawful for any person to handle, molest, use, carry away, injure, or destroy any apparatus or property belonging to the Fire Department or fire system of the City for any other purpose than the prevention or suppression of fires and drill of the Fire Department. (Ord. 164, 6-12-1967) 6-3-34: MUFFLER; UNNECESSARY NOISE: Statute authority, I.C. 5 49-937. It shall be unlawful for any person to operate a motor vehicle • which shall not at all times be equipped with a muffler upon the exhaust thereof in good working order and in constant operation to prevent excessive or unusual noise and it shall be unlawful for any person operating any motor vehicle to use a cut-out, by-pass or similar muffler elimination appliance. (Ord. 164, 6-12-1967) This Section is another traffic provision, which, if not omitted, could be placed in the Traffic Title of the new Code. Section 7-1-1 of this Code Workbook adopts the Idaho Motor Vehicle Laws by reference. Omit , Retain in this Chapter Retain and move to Title 7 of the new Code 6-3-35: NOISES CREATING PUBLIC DISTURBANCE: Statute authority, I.C. S 18-6409. Since this Section is derived from a 1996 ordinance, we assume it should be retained. 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; ME3 6-3 (15) • 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 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 omitted the specific penalty amounts and made reference to Section 1-4-1 of this Code. However, since the penalty is different from that in the general penalty, Section 1-4-1, should the penalty be retained as is? • • ME3 Response: Retain wording as is , and refer to Section 1-4-1 , Chang 6-3-36: NUISANCES DEFINED: 6-3 (16) Omit penalty amounts Change as follows: Statute authority, I.C. § 18-5901 et seq. Please review this Section with Section 4-2-1 of this Code Workbook. Are both provisions needed in the new Code? If not, which should be omitted? Omit this Section , Retain this Section, as well as Section 4-2-1 Other instructions: Anything which is injurious to the health or morals, or indecent or offensive to the senses or an obstruction to the free use of property so as to interfere with the comfortable enjoyment of life or property is declared a nuisance and as such shall be abated. (Ord. 164, 6-12-1967) 6-3-37: OBSCENE CONDUCT: Statute authority, I.C. 5 18-4101 et seq. Omit Retain It shall be unlawful for any person to urinate or stool in any place open to the public view, or to be guilty of any lewd, lascivious or obscene conduct or to sing any lewd or obscene song, ballad or other words in any public place or any other place where other persons are present or indecently to exhibit any animal. (Ord. 164, 6-12-1967) 6-3-38: OBSCENE LITERATURE, DISTRIBUTION OF: Statute authority, I.C. § 18-1513 et seq. Said statute prohibits distributing to a "minor", and the following Section prohibits distribution to "another". Does the City actually attempt to enforce this Section? Omit Retain It shall be unlawful for any person to exhibit, pass, give or deliver to another any obscene, lewd, or indecent book, • pamphlet, picture, card, print, paper, writing, mold, cast or figure or to have same in his possession. (Ord. 164, 6-12-1967) 6-3-39: PETIT LARCENY: ME3 6-3 (17) • Statute authority, I.C. § 18-2401 et seq. if this Section is retained, the Attorney should review with I.C. § 18-2407. Omit Retain It shall be unlawful for any person to commit petit larceny which is hereby defined as a larceny when the property taken is of a value of less than sixty dollars ($60.00). (Ord. 164, 6-12-1967) 6-3-40: PROSTITUTION: Statute authority, I.C. § 18-5613. Omit , Retain It shall be unlawful for any person to pursue or advertise in any manner her vocation as a prostitute or for any person to advertise the profession of a prostitute or solicit for a prostitute. (Ord. 164, 6-12-1967) 6-3-41: RESISTING AN OFFICER: 0 Statute authority, I.C. § 18-705. Omit Retain 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 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 ME3 6-3 (18) • 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) 6-3-42: RIOT: Statute authority, I.C. §§ 18-6401, 18-6410. Omit Retain • It shall be unlawful for any person to fail or refuse immediately to disperse upon an order to do so by a police officer, when two (2) or more persons are assembled for the purpose of disturbing the peace or for the purpose of committing any unlawful act. (Ord. 164, 6-12-1967) 6-3-43: SWINDLING: Statute authority, I.C. § 18-2401 et seq. Omit Retain It shall be unlawful for any person, by color or aid of any sleight of hand performance, or by fraud or by fraudulent scheme, cards, dice or device, to win for himself or for another any money or property or a representative of either. (Ord. 164, 6-12-1967) 6-3-44: TRESPASSING: Statute authority, I.C. § 18-7008. Omit , Retain 40 A. Taking Fence Down: It shall be unlawful for any person to take down any fence or to let down any bars or to open any gate in or on the property of another without the consent of the owner, occupant or person in charge thereof. (Ord. 164 6-12-1967) ME3 6-3 (19) • B. Refusal To Leave Premises: It shall be unlawful for any person to refuse to leave either private, semi -private or public property after he has been requested to do the same by the owner of the property, the owner's agent or any person properly vested with the authority and control of such property. (Ord. 219 12-6-1971; 1997 Code) 6-3-45: UNLAWFUL ASSEMBLY: Statute authority, I.C. § 18-6404. Omit I Retain It shall be unlawful for two (2) or more persons to assemble together for the purpose of disturbing the peace or for the purpose of committing an unlawful act and not to disperse upon the command of an officer so to do. (Ord. 164, 6-12-1967) 6-3-46: VAGRANCY: Statute authority, 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. • Omit Retain It shall be unlawful for any person without visible means of support and the physical ability to work not to seek employment or labor, or to refuse to work when employment is offered him, or for any person to seek alms as a business, or for any person to roam about from place to place without any lawful business, or for any idle or dissolute person or associate of known thieves to wander about the streets at a late and unusual hour of the night, or to lodge in any other place than is kept for lodging purposes without the permission of the owner of the property or the person in possession thereof; or for any person to consort habitually with common prostitutes, habitual drunkards, or any user of narcotics. (Ord. 164, 6-12-1967) 6-3-47: WILFUL CONCEALMENT OF GOODS, WARES OR MERCHANDISE: Statute authority, I.C. § 18-2401 et seq. Omit Retain whoever without authority, wilfully conceals the goods wares, • or merchandise of any store or merchant while still upon the premises of such store or merchant shall be in violation of this Section. Goods, wares or merchandise found concealed upon the person shall be prima facie evidence of a wilful concealment. (Ord. 164, 6-12-1967) 0 • CRAPTZR 6-3 MISDENZhUOR8 The number in parentheses following each entry ;(except for Section`- 6-3-1) is the section or chapter of the 1955 City Code (Title 8) from which the following sections ',are derived, 6-3--1: 6-3--2: 6-3--3: 6-3--4: 6-3--5: 6-3--6: 6-3--7: 6-3--8: 6-3--9: 6-3-10: 6-3-11: 6-3-12: 6-3-13: 6-3-14: 6-3-15: 6-3-16: 6-3-17: 6-3-18: 6-3-19: 6-3-20: 6-3-21: 6-3-22: 6-3-23: 6-3-24: 6-3-25: 6-3-26: 6-3-27: 6-3-28: 6-3-29: 6-3-30: 6-3-31: 6-3-32: 6-3-33: 6-3-34: 6-3-35: 6-3-36: 6-3-37: 6-3-38: 6-3-39: 6-3-40: 6-3-41: 6-3-42: 6-3-43: 6-3-44: 6-3-45: 6-3-46: 6-3-47: State Law Adopted (sample) Abandoned Ice Boxes, Refrigerators, Containers (8-8) Aid In Escape (8-1601) Aid To An Offense (8-1602) Air -Guns, Firearms And Weapons (8-2) Arson (8-1603) Assault Or Battery (8-1604) Coin -Operated Amusement Devices Prohibited (6-3-5) Concealed Weapons (8-1606) Deposits Of Injurious Material On Thoroughfares (8-1607) Disorderly Conduct, Places A. Disorderly Conduct (8-1608) B. Disorderly Dance Halls (8-1609) C. Disorderly Houses (8-1610) Disturbing The Peace (8-1612) Drunkenness (8-1613) Electric Fences Prohibited (6-3-6) - Escapes (8-1615) Failure To Appear (8-1616) False Pretenses (8-1617) Fraudulently Avoiding Payment Of Admission Fees (8-1618) Furnishing Weapons And Other Articles To Prisoners (8-1619) Gambling (8-14) General Offense (8-1620) Giving Assistance To Police Officer (8-1621) House Of Prostitution (8-1622) Hypnosis (8-13) Impersonating An Officer (8-1623) Indecent Exposure (8-1624) Keeping Of Junk Restricted (8-1625) Lewd Cohabitation (8-1626) Liquor Related Offenses (6-3-3) Loitering (8-17) Lug Wheels Prohibited (8+1627) Malicious Injury To Property (8-1628) Molesting Fire Apparatus (8-1630) Muffler; Unnecessary Noise (8-1631) Nuisances Defined (8-1632) Obscene Conduct (8-1633) Obscene Literature, Distribution Of (8-1611) Petit Larceny (8-1634) Prostitution (8-1635) Public Disturbance Noises!(6-3-2) Resisting An Officer (6-3-4) Riot (8-1636) Swindling (8-1638) Trespassing (8-1639) Unlawful Assembly (8-1640) Vagrancy (8-1641) Wilful Concealment Of Goods, Wares Or Merchandise (8-1642). ME3 • CHAPTER 4 MINORS 61MON 009 6-4 (1) 6-4-1: Curfew 6-4-2: Cigarette Or Tobacco Possession; Sales 6-4-3: Beer; Procuring Or Selling To Minors 6-4-4: Minors In Pool Halls 6-4-5: Encouraging Delinquency 6-4-6: Runaways And Delinquents; Parental Responsibility !2R! 6-4-1: CURFEW: Are the provisions of this Section accurately stated to reflect current practices of the City regarding curfew? Response: Yes , No , Change as follows: • A. Age And Hour Restrictions: It shall be unlawful for any person under the age of eighteen (18) years to be or to remain, and it shall be unlawful for any parent, guardian, or other person having the care and custody of any person under the age of eighteen (18) years to permit such person to be or to remain, in or upon any street, alley, public ground, public place or any place open to the public or exposed to public use within the corporate limits of the City between the hours of twelve o'clock (12:00) midnight and five o'clock (5:00) A.M. (Ord. 528, 5-15-1990) B. Exceptions: The provisions of subsection B of this Section shall not apply to any person who is accompanied by his or her parents, guardian, or other adult person having the care and custody of him or her, nor to any person who is in the performance of any errand or duty directed by his or her parents, guardian, or other adult person having the care and custody of him or her, nor to any person who is actually at the time engaged in legitimate employment for profit. (1955 Code 9 8-502) C. Underage Violator Deemed Juvenile Delinquent: Any person under the age of eighteen (18) years violating this Section shall be deemed a juvenile delinquent under the laws of the State of Idaho. (1955 Code § 8-503) • D. Penalty For Parent Or Guardian: Any parent, guardian, or other adult person having the care and custody of any person under the age of eighteen (18) years who shall violate the provisions of this Section, upon conviction thereof, shall be punishable by a fine in any sum not exceeding one hundred ME3 6-4 (2) • dollars ($100.00). (1955 Code § 8-504) In this instance, should penalty amount be retained and no reference made to Section 1-4-1 of this Code? Response: Yes , No , Change as follows: 6-4-2: CIGARETTES OR TOBACCO POSSESSION; SALES: Statute authority, I.C. § 18-1502A. Omit this Section , Retain this Section A. Purchase, Possession Prohibited: It shall be unlawful for any person under the age of eighteen (18) years to buy, accept or have in his possession any cigarette, cigar or tobacco in any form, or to buy, accept or have in his possession any cigarette paper or other paper or wrapper intended for the wrapping of tobacco into the form of a cigarette. B. Selling Or Giving To Minors Prohibited: It shall be • unlawful for any person to sell or give away, directly or indirectly, to any person under the age of eighteen (18) years any cigarette, cigar or tobacco in any form or to sell or give away, directly or indirectly, to any person under the age of eighteen (18) years any cigarette paper or other paper or wrapper intended for the wrapping of tobacco into the form of a cigarette. (Ord. 401, 10-19-1981) • 6-4-3: BEER; PROCURING OR SELLING TO MINORS: Statute authority, I.C. SS 18-1502, 23-1013, 23-1023, 23-1024. Omit this Section , Retain this Section It shall be unlawful for any person to procure, sell or give away any beer to any person under the age of twenty one (21) years or for any person under the age of twenty one (21) years to purchase, attempt to purchase or otherwise procure, consume or have in his possession any beer. (Ord. 228, 9-11-1972; 1997 Code) For compliance with statute, the bolded text has been changed in the City's legislation from age "19" to "21" by the codifiers. 6-4-4: MINORS IN POOL HALLS: It shall be unlawful for any person to permit any minor under the age of eighteen (18) years to frequent or loiter in a pool ME3 6-4 (3) • or billiard hall where beer or intoxicating liquor are sold. (Ord. 164, 6-12-1967) Please review above Section with I.C. 5 23-943, a copy of which (on yellow paper) follows this Chapter. If a text change is deemed appropriate, please provide exact language. Response: Retain Section as is , Change as follows: 6-4-5: ENCOURAGING DELINQUENCY: Statute authority, I.C. § 20-526. It shall be unlawful for any person, by any act or neglect, to encourage, aid or cause a child to come within the purview of the juvenile authorities; and it shall likewise be unlawful for any person, after notice that a driver's license of any child has been suspended or revoked, to permit such child to operate a motor vehicle during the period that such driver's license is suspended. (Ord. 164, 6-12-1967) • 6-4-6: RUNAWAYS AND DELINQUENTS; PARENTAL RESPONSIBILITY: Statute authority, I.C. 5 18-1510, "Providing Shelter to Runaway Children"; also 5 18-1502B for "Possession of Inhalants by Minors". It shall be unlawful for any person under the age of eighteen (18) years living or found in the City to be or to remain a person who has run away from his parents, guardian or other legal custodian or who commits or has committed any act or acts placing him beyond the control of his parents, guardian or other legal custodian or which constitutes behavior which would injure or endanger his health or welfare or that of others, including without limitation wilful association with thieves, or vicious or immoral persons, or using vile, obscene, vulgar or indecent language, or being guilty of immoral conduct in any public place or about any schoolhouse, or becoming or attempting to become intoxicated by inhaling the fumes of gasoline, toluene or any other solvent or product containing any such solvent, or attempting to commit the act of suicide. (Ord. 125, 6-3-1963) Does the City currently enforce the provisions of the above Section? • Response: Yes, retain Section as is No, omit Section Change as follows: 0 436 X11, section, or nvalid and/or ill not affect, § 36, p. 870.] k. I Bao. to Sao. in in 1 8&@4& ty the director "4 placed to the " 1974, ch. 27, 1974, ch. 27, era �. 2&945. clared that the specified fmm ,ces, as herein, rns, barrooms, 1 the definition p ras and bertoams, ,nngas and not to tg restaurants And ;batanding the dsR be licensed to MR . Hopper, Hopper, 90 Iambs 11 apply in the .or by the drink daho Coda, ane Cissa where Sola de, or county or .emises licsDO't i bar and ligosr,, 3868 contain", uoption thatei for consum a and equipmee: for consua4ly 23.948. Poore V in or loiter at e twenty-one, (21) yn as hereinde8nect of beer for otmom place, or mu pen licensee therein, respect thereto to Provided, ho" eighteen (18) yea defined in section their employment lawfiil fop persons possess or dispens any place as dab where Hquan beer alcoholic beveragestoi aapr Peeeair"a alcoholic bevmvgw'1165kck M ant. 1972, ch. 830, ¢ 8; t►Am Mlis jj 212, 16, P. 448.1 composes aeeaa. 1% 0, 14 dtA L. 197$ 1 88o is mmvasd u t Section 5 of 9.L 1897, ah. 219 is emsow Is S 28.828: SAe. is Sao. rat 7%do annso fa ra0, i is is if 23.673 sad 28444. Uaan, ItwuarraitatagaintlWtlesaR Wuee to pm Officer of the attempt to 437 r: dining establishmen food and who § 2, p. 420.1 f � resit k. I Bao. to Sao. in in 1 8&@4& ty the director "4 placed to the " 1974, ch. 27, 1974, ch. 27, era �. 2&945. clared that the specified fmm ,ces, as herein, rns, barrooms, 1 the definition p ras and bertoams, ,nngas and not to tg restaurants And ;batanding the dsR be licensed to MR . Hopper, Hopper, 90 Iambs 11 apply in the .or by the drink daho Coda, ane Cissa where Sola de, or county or .emises licsDO't i bar and ligosr,, 3868 contain", uoption thatei for consum a and equipmee: for consua4ly 23.948. Poore V in or loiter at e twenty-one, (21) yn as hereinde8nect of beer for otmom place, or mu pen licensee therein, respect thereto to Provided, ho" eighteen (18) yea defined in section their employment lawfiil fop persons possess or dispens any place as dab where Hquan beer alcoholic beveragestoi aapr Peeeair"a alcoholic bevmvgw'1165kck M ant. 1972, ch. 830, ¢ 8; t►Am Mlis jj 212, 16, P. 448.1 composes aeeaa. 1% 0, 14 dtA L. 197$ 1 88o is mmvasd u t Section 5 of 9.L 1897, ah. 219 is emsow Is S 28.828: SAe. is Sao. rat 7%do annso fa ra0, i is is if 23.673 sad 28444. Uaan, ItwuarraitatagaintlWtlesaR Wuee to pm Officer of the attempt to luj ME3 !TITLE! 7 MOTOR VEHICLES AND TRAFFIC Traffic Code, Rules And Regulations Parking Regulations . . . . . . . Motor Vehicle Emissions Control Bicycles . . . . . . . . . . . . . Golf Carts . . . . . . . . . . . . F n U T7 (1) . . . . . . . . . . 1 . . . . . . . . . . 2 . . . . . . . . . . 3 . . . . . . . . . . 4 . . . . . . . . . . 5 ME3 7-1 (1) • CHAPTER 1 TRAFFIC CODE, RULES AND REGULATIONS The Idaho Motor Vehicle Laws, I.C. title 49, were recodified effective January 1, 1989; therefore, all those statute sections listed in subsection 7-1-18 below (Section 10-101 of the 1955 Code) have been renumbered. We have shown the new statute number in bold beside the section as derived from the City's legislation. SECTION: 7-1--1: Adoption Of Idaho Motor Vehicle Laws; Citations 7-1--2: Infraction; Fine For Violation 7-1--3: Fire Department Members' Vehicles 7-1--4: Repairing Vehicles In City Streets 7-1--5: Emergency Vehicles; Restrictions Near Fire 7-1--6: School And City Property 7-1--7: Speeds Restrictions 7-1--8: Driving Through Funeral Procession Prohibited 7-1--9: U -Turns 7-1-10: Impounding Of Vehicles; Sales !2R! • 7-1-1: ADOPTION OF IDAHO MOTOR VEHICLE LAWS; CITATIONS: A. State Vehicle Laws Adopted: There is hereby adopted the motor vehicle laws of the State of Idaho, that being particularly Idaho Code title 49, as presently in effect or as may hereafter be amended, three (3) copies of which are on file at the office of the City Clerk, being marked and identified as the Idaho Motor Vehicle Laws, and published annually by the authority of the Idaho Department of Transportation, for the regulation of motor vehicles and motor vehicle traffic within the Municipal boundaries of the City, and said Idaho Motor Vehicle Laws, and any subsequent amendments enacted into law by the Idaho legislature, contained in said document, or its subsequent editions. B. Form of Citations: When citations are issued for violations of this Section, a reference to the corresponding Idaho Motor Vehicle Law shall be made on the citation in the following manner: As mentioned above, I.C. title 49 has been recodified, so the numbers listed below should be changed to comply with statute. Should we make the changes as indicated? Response: Yes , No , Other City instructions: • Note that when we change the statute numbers below, we will place each entry in proper chronological order. ME3 7-1 (2) • .114 .428 A violation of Idaho Code section 49-114 49-428, Display of Plates and Tags Stickers, shall be cited as a violation of this Section of the Meridian City Code. .116 .430 A violation of Idaho Code section 49-116 49-430, Registration to be Renewed, shall be cited as a violation of this Section of the Meridian City Code. .233 .1229 A violation of Idaho Code section 49-233 49-1229, Required Motor Vehicle Insurance, shall be cited as a violation of this Section of the Meridian City Code. .245 .1232 A Violation of Idaho Code section 49-245 49-1232, Certificate or Proof of Liability Insurance to be Carried in Motor Vehicle shall be cited as a violation of this Section of the Meridian City Code. .307 .301 A violation of Idaho Code section 49-307 49-301, Operators and Chauffeurs Must be Licensed Operators and Drivers to be Licensed, shall be cited as a violation of this Section of the Meridian City Code. .320 .317 A violation of Idaho Code section 49-320 49-317, Restricted Licenses, shall be cited as a • violation of this Section of the Meridian City Code. .612 .802 A violation of Idaho Code section 49-612 49-802, Traffic -Control Signal Legend, shall be cited as a violation of this Section of the Meridian City Code. .626 .635 A violation of Idaho Code section 49-626 49-635, Further Limitations on Driving Left of Center of Roadway, shall be cited as a violation of this Section of the Meridian City Code. .627 No longer exists A Violation of Idaho Code section 49-627, No Passing Zones, shall be cited as a violation of this Section of the Meridian City Code. .630 .638 A violation of Idaho Code section 49-630 49-638, Following Too Closely, shall be cited as a violation of this Section of the Meridian City Code. .642 .641 A violation of Idaho Code section 49-642 49-641, Vehicle Turning Left, shall be cited as a violation of this Section of the Meridian City Code. .643 .807 A violation of Idaho Code section 49-643 49-807, Stop Signs and Yield Signs, shall be cited as a • violation of this Section of the Meridian City Code. .644 .642 A violation of Idaho Code section 49-644 49-642, Vehicle Entering Roadway Highway, shall be cited as a violation of this Section of the Meridian City Code. ME3 7-1 (3) • .661 .644 A violation of Idaho Code section 49-661 49-644, Required Position and Method of Turning, shall be cited as a violation of this Section of the Meridian City Code. .681 .654 A violation of Idaho Code section 49-681 49-654, Basic Rule and Maximum Speed Limits, shall be cited as a violation of this Section of the Meridian City Code. .693 .660 A violation of Idaho Code section 49-693 49-660, Stopping, Standing or Parking Prohibited in Specific Places, shall be cited as a violation of this Section of the Meridian City Code. .702 .604 A violation of Idaho Code section 49-702 49-604, Limitations on Backing, shall be cited as a violation of this Section of the Meridian City Code. .711 .613 A violation of Idaho Code section 49-711 49-613, Putting Glass, Etc. on Highway Prohibited, shall be cited as a violation of this Section of the Meridian City Code. • .801A .619 A violation of Idaho Code section 49-801A 49-619, Slow Moving Vehicles - Definition, Restriction, Equipment - Emblems on Certain Machinery, shall be cited as a violation of this Section of the Meridian City Code. .801B No longer exists A violation of Idaho Code section 49-801B, Fertilizer Trailers - Defined as Implements of Husbandry - Operational Restrictions, shall be cited as a violation of this Section of the Meridian City Code. .801C .902 A violation of Idaho Code section 49-801C 49-902, Scope and Effect of Regulations, shall be cited as a violation of this Section of the Meridian City Code. .837 .943 A violation of Idaho Code section 49-837 49-943, Windshields Must be Unobstructed and Equipped with Wipers, shall be cited as a violation of this Section of the Meridian City Code. .837A .944 A violation of Idaho Code section 49-837A 49-944, Prohibiting use of Certain Applications on Windshields, Certain Windows or Headlamps in Motor Vehicles - Exterior Mirrors - Sales Prohibited - Penalty, "Standards for Windshields of Motor Vehicles - Prohibited Acts - Penalty" shall be cited as a violation of this Section of the Meridian City Code. • .1002 .1301 A violation of Idaho Code section 49-1002 49-1301, Accidents Involving Damage to Vehicle, shall be cited as a violation of this Section of the Meridian City Code. ME3 7-1 (4) • .1004 .1303 A violation of Idaho Code section 49-1004 49-1303, Duty Upon Striking Unattended Vehicle, shall be cited as a violation of this Section of the Meridian City Code. .1006 .1305 A violation of Idaho Code section, 49-1006 49-1305, Immediate Notice of Accidents, shall be cited as a violation of this Section of the Meridian City Code. .1103 .1401 A violation of Idaho Code section 49-1103 49-1401, Reckless Driving, shall be cited as a violation of this Section of the Meridian City Code. .1132 .1422 A violation of Idaho Code section 49-1132 49-1422, Overtaking and Passing School Bus, shall be cited as a violation of this Section of the Meridian City Code. .2703 67-7122 A violation of Idaho Code section 49-2703 67-7122, Requirements - Registration - Procedure, shall be cited as a violation of this section of the Meridian City Code. (Ord. 507, 6-6-1989) 7-1-2: INFRACTION; FINE FOR VIOLATION: • Any person who violates any provision of this Chapter shall be deemed guilty of an infraction and, upon conviction thereof, shall be fined twenty five dollars ($25.00) for each violation. (Ord. 507, 6-6-1989) Is the $25.00 penalty amount current? Response: Yes , No , Change as follows: 7-1-3: FIRE DEPARTMENT MEMBERS' VEHICLES: Statute authority, I.C. S 49-910A A bona fide member of the Fire Department is hereby authorized to use the red light or the flashing red light attached to the front of the motor vehicle such member of the Fire Department uses in making runs to fires, provided such member first obtains a written permit from the City Clerk for use of such red light. (Ord. 507, 6-6-1989) • 7-1-4: REPAIRING VEHICLES IN CITY STREETS: It shall be unlawful for any person to repair any vehicle in the streets of the City, except for emergency repairs necessary to move the same to private property. (Ord. 507, ME3 7-1 (5) • 6-6-1989) 7-1-5: EMERGENCY VEHICLES; RESTRICTIONS NEAR FIRE: A. Parking Near Fire: It shall be unlawful for any driver of any vehicle, other than an authorized emergency vehicle or person, to park such vehicle within the block, or within seven hundred fifty feet (7501) where the fire apparatus has stopped in answer to a fire alarm, or within seven hundred fifty feet (7501) of the fire, whichever is farthest. Is the distance correct? See subsection 5-1-9C of this Code which provides for a distance of 500 feet. Response: Leave text as is , Change as follows: B. Loitering Near Fire: It shall be unlawful for any pedestrian, other than authorized personnel, to stand, loiter, walk or otherwise be within one hundred feet (100•) of any fire scene or within fifty feet (501) of any piece of • operating fire equipment. (Operating fire equipment shall include any item being used by emergency personnel at a reported fire or other related emergency scene.) (Ord. 507, 6-6-1989) Are distances correct? Response: Yes , No , Change as follows: 7-1-6: SCHOOL AND CITY PROPERTY: It shall be illegal for any person to operate, ride, stop ox park any bicycle, vehicle or animal on any property owned, rented or used by any school district or any property owned, rented or used by the City, contrary to any sign or marking erected and intended to control, direct or restrict the movement, stopping, standing or parking of any bicycle, vehicle or animal. (Ord. 507, 6-6-1989) 7-1-7: SPEED RESTRICTIONS: • Statute authority, I.C. 5 49-654. No person shall drive any vehicle, except emergency vehicles, at a greater speed than designated as follows: ME3 7-1 (6) • A. Parks: In any public park, fifteen (15) miles per hour. Is speed limit correct? Response: Yes , No , Change as follows: B. City Streets: On all other streets and alleys in Meridian, twenty five (25) miles per hour, or as otherwise posted. (Ord. 507, 6-6-1989) Is speed limit correct? Response: Yes , No , Change as follows: 7-1-8: DRIVING THROUGH FUNERAL PROCESSION PROHIBITED: • No driver shall drive a vehicle between vehicles comprising a funeral, parade or other authorized procession while such vehicles are in motion. (Ord. 507, 6-6-1989) 7-1-9: U-TURNS: A. Restrictions: No U-turn or turn reversing the direction of travel shall be made at any intersection in which "No U -Turn" signs are erected, nor at any intersection at which there is a traffic signal light, nor at any place other than at an intersection, nor unless there be sufficient space to make such turn without backing, nor unless prior to and during such turn, the same be signalled in the manner required by State law. B. Partial U -Turn: It shall be illegal for any turn to be made commencing from the lane of traffic in which a vehicle is moving which crosses the opposite traffic lane and which results in said vehicle parking or coming to a stop on the opposite side of the street from where the turn commenced. (Ord. 507, 6-6-1989) 7-1-10: IMPOUNDING OF VEHICLES; SALES: • statute authority, I.C. 5 49-1801 et seg. for "Abandoned Motor Vehicles"; also 5 49-2201 et seq. for "Hazardous Materials/Hazardous Waste Transportation Enforcement". A. Impounding Vehicles With Hazardous Or Offensive Loads: Any police officer, Fire Department official or other person ME3 7-1 (7) • designated by the City shall have the authority to remove to a safe location or store at an impound lot, any vehicle found parked within the City limits, which is either: 1. Loaded with, or has contained within or on its structure any inflammable or dangerous substance, when such substance is escaping or leaking from its tank or other container, or otherwise creates an immediate hazard. 2. Loaded with any substance which creates an offensive odor. B. Impounding Vehicles Parked Over Certain Time Limit: 1. It shall be unlawful for any vehicle to be continuously parked in any one location on any public property or public alley, highway or right of way for more than three (3) consecutive days, seventy two (72) hours. 2. Any police officer, after having properly marked the vehicle, and then having personal knowledge that the vehicle is parked in violation of this Section, may impound said vehicle and have it stored at an officially designated impound storage lot. C. Moving Vehicles To Clean And Repair Streets: It shall be • unlawful for any person to refuse, upon request by the City or Ada County Highway District, through their authorized officials, to move any vehicle parked on the City streets, when such request is made for the purpose of repair or cleaning streets. If any person owning such a vehicle or having an interest therein refuses such request, the City shall have the right to move or impound the same and charge the cost thereof to the owner. D. Sale Of Impounded Vehicles: Sale of impounded vehicles shall proceed pursuant to the rules and regulations of the Department of Law Enforcement, State of Idaho, copies of which shall be on file at the Police Department. (Ord. 507, 6-6-89) 40 ME3 7-2 (1) • CHAPTER 2 PARKING REGULATIONS SECTION: 7-2--1: Parking Prohibited In Specified Places 7-2--2: Parallel Or Angle Parking 7-2--3: Handicapped Parking 7-2--4: Obstructing Traffic 7-2--5: Parking In Alleys 7-2--6: Extended Parking Prohibited 7-2--7: Leaving Vehicle Unattended 7-2--8: Parking In Residential Areas 7-2--9: Commercial Vehicles; Weight Restriction 7-2-10: Parking Tickets And Procedures 7-2-11: Violations; Payment Of Fines 7-2-12: Failure To Pay Fines; Arrest Warrant Issuance !2R! 7-2-1: PARKING PROHIBITED IN SPECIFIED PLACES: Statute authority, I.C. 5 49-660. • Except when necessary to avoid conflict with other traffic, or in compliance with law or the directions of a police officer or official traffic -control device, no person shall: A. Generally: Stop, stand or park a vehicle: 1. On the roadway side of any vehicle stopped or parked at the edge or curb of a street; 2. On a sidewalk or parkway; 3. Within an intersection; 4. On a crosswalk; 5. On a bike lane or bike path as designated by painted lines; 6. Within twenty feet (201) of a bike path approach; 7. Between a safety zone and the adjacent curb or within thirty feet (30') of points on the curb immediately opposite the ends of a safety zone, unless a different length is indicated by signs or markings; 8. Alongside or opposite any street excavation or obstruction when stopping, standing or parking would obstruct traffic; • 9. Upon any bridge or other elevated structure upon a highway or within a highway tunnel; 10. On any railroad tracks; ME3 7-2 (2) 11. At any place where official traffic -control devices posted at the direction or under the authority of the City or Ada County Highway District prohibit or limit such stopping, standing or parking. It shall be prohibited for any person to remain stopped, standing or parked past the time limit prescribed on each traffic -control device. In addition, at the expiration of the posted time limit, it will be required that all vehicles be removed from the block face of the area in which it was parked in a posted time limit for the remainder of that calendar day. B. Pick Up Or Discharge Passengers: Stand or park a vehicle, unless driver occupied, except momentarily to pick up or discharge a passenger or passengers: 1. In front of a public or private driveway; 2. Within fifteen feet (15') of a fire hydrant; 3. Within twenty feet (20') of a crosswalk or a bike/pedestrian curb ramp, except at an intersection where a traffic -control signal is in operation; 4. Within thirty feet (30') upon the approach to any flashing signal, stop sign, yield sign or traffic -control signal located at the side of a roadway; 5. Within twenty feet (201) of the driveway entrance to any fire station and on the side of a street opposite the entrance to any fire station within seventy five feet (75') of said entrance when properly signposted; 6. At any place where official traffic -control devices posted at the direction or under the authority of the City or Ada County Highway District prohibit such stopping. C. Load Or Unload Merchandise: Park a vehicle, whether occupied or not, except temporarily for the purpose of and while actually engaged in loading or unloading merchandise or passengers: 1. Within fifty feet (50') of the nearest rail of a railroad crossing; 2. At any place where official traffic -control devices prohibit such parking. D. Certain Times; Posting Signs: Park a vehicle in or upon a street during the nighttime, except that this prohibition does not apply in a business or restricted parking district and the • owners or occupants of property adjacent to a street may so park a vehicle in compliance with and as authorized by any other provision of the ordinances of Meridian. The Council, upon finding and declaring the necessity to prohibit the parking or standing of vehicles upon a street during the nighttime or at other time during the day, may upon motion or ME3 7-2 (3) . order direct the Ada County Highway District to post or erect signs prohibiting or limiting the stopping, standing or parking of any vehicle upon the streets of the City. (Ord. 507, 6-6-1989) 7-2-2: PARALLEL OR ANGLE PARKING: Statute authority, I.C. 5 49-661. A. Parallel Parking: 1. Two -Way Streets: Except as otherwise provided in this Chapter, every vehicle stopped or parked upon a two-way street shall be stopped or parked with the right-hand wheels parallel to and within eighteen inches (18") of the right-hand curb or as close as practicable to the right edge of the right-hand shoulder. 2. One -Way Streets: Except when otherwise provided, every vehicle stopped or parked upon a one-way street shall be stopped or parked parallel to the curb or edge of the street, in the direction of authorized traffic movement, with its right-hand wheels within eighteen inches (18") of the right- hand curb or as close as practicable to the right edge of the • right-hand shoulder, or with its left-hand wheels within eighteen inches (18") of the left-hand curb or as close as practicable to the left edge of the left-hand shoulder. B. Angle Parking: The Police Department may permit angle parking on any street, except that angle parking shall not be permitted on any Federal -aid or State highway unless the State Transportation Department has determined that the roadway is of sufficient width to permit angle parking without interference with the free movement of traffic. If angle parking is permitted, the vehicle shall not be backed into the parking space with the front of the vehicle facing the roadway. (Ord. 648, 6-7-1994) 7-2-3: HANDICAPPED PARKING: A. Parking Prohibited: Parking a vehicle in a space reserved for the handicapped, which space is marked in conformance with the requirements specified in Idaho Code section 49-213, is prohibited, unless a vehicle is momentarily in the space for the purpose of allowing a handicapped person to enter or leave the vehicle, or unless a special license plate or card for the handicapped as prescribed in Idaho Code section 49-410, or a special temporary card as prescribed in Idaho Code section • 49-410, is displayed on the vehicle. The registered owner of a vehicle parked in violation of the provisions of this Section is guilty of an infraction. B. Enforcement: Law enforcement officials are empowered to enter upon private property open to the public to enforce the ME3 • provisions of this Section. 7-2 (4) C. Establishment Of Zones: The Police Department is hereby granted authority to establish requirements for handicapped parking zones and spaces within the City pursuant to Idaho Code sections 49-213 and 49-410. D. On -Street Handicapped Parking Space Requirement: 1. These spaces shall be parallel with the sidewalk where parallel parking is required, or at an angle to the sidewalk where angle parking is required. Should angle parking be used, the parking spaces so designated for handicapped use shall be at least twelve feet (12') in width. 2. All handicapped parking spaces shall be near curb cuts and/or ramps for wheelchair and other mechanical device usage. 3. For each designated parking space or area there shall be posted immediately adjacent to, and visible from each stall or space, a sign, which is at least thirty six inches (36") above the ground, consisting of the international handicapped symbol as shown in Idaho Code section 49-410. (Ord. 507, 6-6-1989) • 7-2-4: OBSTRUCTING TRAFFIC: No person shall stop, park or leave standing any vehicle, whether attended or unattended, upon a street or highway in such a manner or under such conditions as to leave available less than twelve feet (12') of such roadway for the free movement of vehicular traffic. (Ord. 507, 6-6-1989) 7-2-5: PARKING IN ALLEYS: No person shall park a vehicle within an alley, except while actively engaged in the expeditious loading and unloading of passengers, supplies and merchandise. In no case shall the stop for loading and unloading exceed thirty (30) minutes. (Ord. 507, 6-6-1989) 7-2-6: EXTENDED PARKING PROHIBITED: No person shall park a vehicle upon any street, alley or public property for a period of seventy two (72) hours or longer. (Ord. 507, 6-6-1989) • 7-2-7: LEAVING VEHICLE UNATTENDED: No person having control or charge of a vehicle shall allow such vehicle to stand on any street unattended without stopping the motor of the vehicle and effectively setting the brakes thereon. (Ord. 507, 6-6-1989) ME3 7-2 (5) • 7-2-8: PARKING IN RESIDENTIAL AREAS: A. Certain Vehicles: No person shall park: 1. Any vehicle, either motorized or unmotorized, having a gross weight capacity in excess of twelve thousand (12,000) pounds, or 2. Any trailer regardless of type, or 3. Any motor home, mobile home, or recreational vehicle, either motorized or unmotorized, or 4. Any vehicle designed or used primarily as farm equipment, whether attended or unattended, upon the streets in any residential area within the City for a period in excess of two (2) hours. B. Time Limit: No person shall park any vehicle upon the streets in any residential area within the City limits for a continuous period in excess of seventy two (72) hours. In addition at the expiration of the seventy two (72) hour time limit it is required that the vehicle be removed from the block, or farther than five hundred feet (500'), whichever is • farther, from the location in which it was previously parked in the residential zone. C. Exceptions: The provision of subsections A and B above shall not apply when a vehicle is parked: 1. For the purpose of loading or unloading passengers, materials, or merchandise when such passengers, materials or merchandise are actually being loaded or unloaded; 2. For any purpose incident to any lawful construction project located within the immediate vicinity of such parked vehicle; 3. For any purpose incident to a lawful commercial or industrial operation located in any residential area and conducted under a conditional use permit and so long as the vehicle is parked within one hundred feet (100') of such commercial or industrial operation. (Ord. 507, 6-6-1989) 7-2-9: COMMERCIAL VEHICLES; WEIGHT RESTRICTION: No person shall park any commercial or industrial vehicle which has a licensed gross vehicle weight in excess of thirty thousand (30,000) pounds in the City except in commercial or • industrial zoned districts or except for the purposes stated in subsection 7-2-8C of this Chapter. (Ord. 507, 8-1-1989) 7-2-10: PARKING TICKETS AND PROCEDURES: ME3 7-2 (6) • The Parking Control Officer or a designated member of such office, or the Police Department shall have authority to issue parking tickets as follows: Does the City have a "Parking Control Officer", as mentioned in the paragraph above and subsection A below? Response: Yes , No , Change as follows: Note that throughout this Section 7-2-10, the "Parking Control Office" is referenced. if the City has such an office, should "Officer" in the two bolded places be changed to "Office"? Response: Yes , No , Change as follows: A. Issuance Of Parking Citation: It shall be the duty of the Parking Control Officer or a designated member of such office • or the Police Department upon observing a vehicle parked, standing or stopped in violation of the provisions specified in Chapter 1 of this Title to leave upon such vehicle a separate notice for each posted time limit or as frequently as every (2) two hours that such vehicle has been parked or stopped in violation of the provisions of this Chapter, or in violation of Chapter 1 of this Title. Among other things, each notice shall bear the date and hour of leaving the same at or upon the vehicle, make of the vehicle, and its license number, the specific Code section violated and the amount of the fine, instructing the owner or operator of such vehicle to report to the Parking Control Office. One copy of each notice mentioned herein shall be filed with the Police Department. B. Payment Of Parking Fines: In order to eliminate burdening courts with violations of ordinances and to eliminate insofar as possible public inconvenience, each person receiving a parking ticket under this Chapter left upon his or her vehicle shall: 1. Fee Schedule: Within seventy two (72) hours of the time of such notice, pay to the Police Department in full satisfaction of such violation, the fee indicated in the following fee schedule for each notice left upon his or her vehicle: (Ord. 507, 6-6-1989) • Are the fees specified in subsections Bia through Bic below current? Please indicate any fee change. a. $10.00 for violations of the following Sections: 7-2-1A ME3 7-2 (7) • 7-2-1B 7-2-1C 7-2-4 7-2-5 7-2-6 7-2-7 b. $25.00 for violations of Sections: 7-2-2 7-2-3 7-2-8 7-2-9 c. $4.00 for violations of sections not included in subsection B1a and 1b above. (Ord. 507, 6-6-1989; amd. Ord. 648, 6-7-1994) 2. Additional Fee For Late Payment: Within ten (10) days from the date of said parking violation ticket, if same has not been paid within the seventy two (72) hours above prescribed, pay to the Parking Control Office, an additional three dollars ($3.00) for each such notice left upon his or her vehicle, the additional three dollars ($3.00) for each said ticket being deemed necessary to defray administrative and clerical • expenses. The failure of any operator to report and/or make such payments to the Parking Control Office within the times prescribed above shall render the owner or operator thereof subject to penalties as provided by Section 7-2-11 of this Chapter. C. Responsibility For Violation: If any vehicle is found stopped, standing or parked in any manner violative of the provisions of this Chapter and the identity of the operator cannot be determined, the owner or person or corporation in whose name said vehicle is registered or the named lessee in a rental or lease agreement of said vehicle shall be held prima facie responsible for said violation. (Ord. 507, 6-6-1989) 7-2-11: VIOLATIONS; PAYMENT OF FINES: Any owner or operator who shall stand, stop or park a vehicle in violation of any of the provisions of this Chapter shall be deemed to have committed a parking violation. The administrative procedure for payment of parking tickets for violations is set out in Section 7-2-10 of this Chapter. In the event of nonpayment in accordance with administrative procedure set out hereinabove, an infraction citation or complaint for a parking violation or a failure to pay a • parking penalty may be filed in the magistrate division of the district court. (Ord. 507, 6-6-1989) 7-2-12: FAILURE TO PAY FINES; ARREST WARRANT ISSUANCE: ME3 7-2 (8) • Is the procedure set out below that currently followed by the City? Response: Yes , No , Change as follows: In the event the prescribed parking fine is not paid as required, or the parking citation is not otherwise disposed of as authorized by law, a warrant of arrest shall be issued for the registered owner, or lessee, of the vehicle described in the parking citation. A. Responsibility For Violation: If any vehicle is found stopped, standing or parked in any manner violating any of the provisions of this Title, and the identity of the actual driver cannot be determined, the owner or person or corporation in whose name said vehicle is registered or the named lessee in a rental or lease agreement of said vehicle, shall be held prima facie responsible for said violation. B. Issuance Of Traffic Ticket: It shall be the duty of the Police Department upon observing a vehicle parked, standing or • stopped in violation of the provisions of this Title, to leave at or upon such vehicle a notice that such vehicle has been parked or stopped in violation of the provisions of this Title. Among other things, the notice shall bear the date and hour of leaving the same at or upon the vehicle, make of the vehicle, and its license number, the specific Code section violated and the amount of the fine, instructing the owner or operator of such vehicle to report to the traffic ticket section under the jurisdiction of the City Treasurer's office. The remaining copies or notices herein mentioned shall be filed as follows: one copy shall be retained by the police officer leaving such ticket upon a vehicle, one copy shall be filed with the traffic ticket section of the City Treasurer's office and one copy shall be filed with the Police Department. C. Parking Citation: When a parking citation is issued to a vehicle as required or permitted by this Code, the person responsible for the citation shall, within seven (7) calendar days from the date of issue of the citation, pay to the City Treasurer's office, in the City, the amount indicated on the parking citation. D. Contesting Citation: In the event the citation is contested, the person shall appear at the Police Department within seven (7) day period and sign a document contesting the • violation charged. The person will then be assigned a time and date to appear in the Ada County Traffic Court, in the City of Boise, State of Idaho. E. Warrant Of Arrest: In the event the parking citation is not disposed of by payment of the prescribed fine, or otherwise as • CI ME3 provided by this Code, within the seven Police Department shall cause a warrant issued. The person named in the warrant person described in subsection A of this 10-1-1979) 7-2 (9) (7) day period, the of arrest to be of arrest shall be the Section. (Ord. 353, ME3 7-3 (1) • CHAPTER 3 MOTOR VEHICLE EMISSIONS CONTROL Statute authority, I.C. S 39-101 et seq. for "Environmental Protection and Health Act". SECTION: 7-3--1: Short Title 7-3--2: Legislative Findings And Purpose 7-3--3: Definitions 7-3--4: Inspection Maintenance Program; Air Quality Board 7-3--5: Duties And Powers Of Board 7-3--6: Financing 7-3--7: Inspection Criteria And Costs 7-3--8: Property Acquisition; Certificates Property of Board 7-3--9: Falsification Of Certificates 7-3-10: Enforcement 7-3-11: Penalties 7-3-12: Effective Date 7-3-13: Severability 7-3-14: Joint Ordinances And Joint Powers Agreement !2R! • 7-3-1: SHORT TITLE: This Chapter may be cited as the 1991 VEHICLE EMISSIONS CONTROL ORDINANCE. (Ord. 547, 12-18-1990) 7-3-2: LEGISLATIVE FINDINGS AND PURPOSE: A. It is found and declared that exhaust emissions from motor vehicles are a major source of air pollution in the County of Ada and such air pollution is a health hazard to all residents of the County and its five (5) incorporated cities. B. It is further found and declared that an effective system of periodic motor vehicle inspection and maintenance will reduce the level of vehicular air pollution. C. It is further found and declared that the Federal government has mandated to the several states and local entities the ultimate responsibility for periodic motor vehicle inspection and maintenance. D. It is further found and declared that Ada County has been designated as a nonattainment area for carbon monoxide and as such is mandated under the Federal Clean Air Act to reduce • automobile emissions so that the National Ambient Air Quality Standard for carbon monoxide will be attained and maintained. E. It is further found and declared that fuel economy is a legitimate legislative purpose and that an efficient emissions control program will result in motor vehicle fuel savings for ME3 7-3 (2) • the residents of Ada County and its cities. F. It is further found and declared that the City of Meridian/Ada County is duly authorized under Idaho Code sections 31-714 and 50-302 to enact and enforce this Chapter. G. The purposes of this Chapter, therefore, are to protect the health and welfare of the citizens of Ada County and its cities; to provide for the control of exhaust emissions from motor vehicles above certain levels as determined by the Air Quality Board and to require annual inspection of certain motor vehicles in order to comply with the Federal Clean Air Act, as amended. (Ord. 547, 12-18-1990) 7-3-3: DEFINITIONS: !DEF! AUTOMOTIVE INSPECTION AND READJUSTMENT (AIR) PROGRAM: That program established by the Board in accordance with this Chapter and whose purpose is to implement the requirements of this Chapter. AUTOMOTIVE INSPECTION AND READJUSTMENT (AIR) STATION: A facility licensed in accordance with Board specifications and which is so equipped as to enable an exhaust emissions • inspection to be performed. BOARD: The Air Quality Board. CARBON MONOXIDE (CO): The chemical compound containing one atom of carbon and one atom of oxygen. CERTIFICATE OF COMPLIANCE: A sticker that certifies that the motor vehicle described thereon is in compliance with the requirements of this Chapter and the rules and regulations adopted pursuant to this Chapter. EMISSIONS INSPECTION MECHANIC: An individual licensed in accordance with Board specifications to inspect and adjust motor vehicles which are subject to the air program. EXHAUST EMISSIONS: Substances emitted into the atmosphere from any opening downstream of the exhaust port(s) of any motor vehicle engine. EXHAUST EMISSIONS CONTROL DEVICE: Equipment designed by the manufacturer for installation on a motor vehicle for the purpose of reducing pollutants emitted from the motor vehicle, or a system or engine modification of a vehicle which causes a reduction of pollutants emitted from the motor vehicle. EXHAUST EMISSIONS INSPECTION: That test, performed at an AIR station by an emissions inspection mechanic, which determines whether a motor vehicle's exhaust emissions meet or do not meet applicable pass -adjust criteria. ME3 • EXHAUST GAS ANALYZER: A device of various gases present in the vehicle, specifically including gases as required by the Board. 7-3 (3) for calculating the proportion exhaust emissions of a motor carbon monoxide and any other GROSS VEHICLE WEIGHT: The weight in pounds of a fully fueled empty motor vehicle plus any additional carrying capacity specified by the vehicle manufacturer. INSPECTION PERIOD: The month during which a nonexempt motor vehicle is scheduled to be presented for an exhaust emissions inspection. JOINT POWERS AGREEMENT: That agreement entered into pursuant to the joint powers provisions of Idaho Code chapter 23, title 67, among and between the incorporated cities of Ada County and the County of Ada, which creates the Board. MODEL YEAR: The year of origin of a motor vehicle so designated by that vehicle's certificate of registration. MOTOR VEHICLE: Any self-propelled gasoline fueled or gasoline -mix fueled motor vehicle with four (4) or more wheels in contact with the ground. • MOTOR VEHICLE OWNER: An individual, partnership, firm, public, private, or municipal corporation, association, trust, estate, agency, lessee, political subdivision or the State of Idaho or the government of the United States or any other legal entity or their legal representatives, agents or assigns whose name appears as owner of a motor vehicle on its certificate of registration. NONEXEMPT MOTOR VEHICLE: A motor vehicle which is subject to AIR program testing requirements of this Chapter. PASS -ADJUST CRITERIA: Those standards set forth in the rules and regulations adopted by the Board pursuant to this Chapter which specify the maximum allowable components which may exist in exhaust emissions of a nonexempt motor vehicle. PUBLIC NOTICE: A statement of the Board's intent to modify the rules and regulations, including a summary of the proposed modifications, published in at least one newspaper of general circulation within Ada County, posted at the offices of the Air Quality Board, and mailed to participants in the joint powers agreement and AIR stations. RULES AND REGULATIONS: Specific written provisions governing the AIR program, as adopted and amended by the Board from time • to time. TAMPERING: Removal of, or rendering wholly or partially inoperative an exhaust emissions control device, including but not limited to, the catalytic converter, air injection system or leaded fuel inlet restrictor. (Ord. 547, 12-18-1990) ME3 • !DEFEND! 7-3 (4) 7-3-4: INSPECTION MAINTENANCE PROGRAM; AIR QUALITY BOARD: A. Board Created: An Air Quality Board is created pursuant to the joint powers provisions of Idaho Code chapter 23, title 67, in a joint powers agreement executed by the participating public agencies. The composition and organization of the Board shall be as set forth in the joint powers agreement. B. Implement AIR Program: The Board shall design and implement an automotive inspection and readjustment (AIR) program for the mandatory exhaust emissions analysis, inspection and maintenance of certain motor vehicles in accordance with the "idle test" requirements for "Motor Vehicles: Emissions Control System Performance Warranty Short Tests", listed in section 207(b) of the Clean Air Act, 42 U.S.C., 7541(b). C. Annual Inspection: The owner of a nonexempt motor vehicle is required to present it annually at an AIR station for an exhaust emissions inspection during an inspection period determined by the Board. Failure to do so within the inspection period constitutes prima facie evidence of a violation of this Chapter. Criteria for determining the • inspection period shall be adopted by the Board and incorporated in the rules and regulations. • D. Display Of Inspection Certificate: The owner of a nonexempt motor vehicle which passes an exhaust emissions inspection as provided herein shall display any sticker, certification, or other evidence of a completed inspection in a place and manner specified by the Board in the rules and regulations. Failure to do so constitutes prima facie evidence of a violation of this Chapter. E. Nonexempt Classification: A motor vehicle is classified as a nonexempt vehicle if all of the following are true: 1. The primary fuel is gasoline or a gasoline mix. 2. The certificate of registration has or is required to have "Ada County" entered upon it as the County of residence pursuant to Idaho Code section 49-441. I.C. S 49-441 has been repealed by S.L. 1992, ch. 35. Please provide appropriate text change. Response: 3. The gross vehicle weight equals or exceeds one thousand five hundred (1,500) pounds. ME3 7-3 (5) • 4. The model year is 1965 or newer. F. Exemptions: The following are hereby specifically exempted from compliance with the AIR program, subject to verification in a manner specified by the Board and included in the rules and regulations: 1. Motorcycles as defined in Idaho Code section 49-114. 2. "Idaho Old Timers" as defined in Idaho Code section 49-134. The Disposition Table for Recodified title 49 shows § 49-134 renumbered as § 49-426(1); however, "Idaho Old Timers" is not mentioned in that statute section. Is § 49-426(1) the appropriate number to reference above? Response: Yes , No , Change as follows: 3. Farm tractors as defined in Idaho Code section 49-107. 4. Motor vehicles for which an alternate fuel type has been • established. 5. Motor vehicles for which a gross vehicle weight of less than one thousand five hundred (1,500) pounds has been verified. 6. Motor vehicles registered under the prorated registration provisions of Idaho Code section 49-437 for a period of less than six (6) months. I.C. § 49-437 is not listed in the Disposition Table for Recodified title 49. Please provide proper reference or text change for above subsection. Response: 7. Such other motor vehicles as may be exempted by rules and regulations adopted by the Board. G. Inspection Requirements: An exhaust emissions inspection may only be performed by an exhaust emissions mechanic at an • AIR station. An exhaust emissions inspection shall include all of the following: 1. A measurement of exhaust emissions using an approved exhaust gas analyzer or other device approved by the Board to sample the motor vehicle's exhaust emissions, specifically ME3 7-3 (6) • including the carbon monoxide content of the exhaust emissions and any other gases as adopted by the Board to comply with future regulations of the United States Environmental Protection Agency. 2. A determination as to whether exhaust emissions meet the pass -adjust criteria. 3. A visual inspection, for model years 1984 and newer, of the catalytic converter, air injection system and size of the fuel restrictor. 4. Where exhaust emissions do not meet the pass -adjust criteria, an indication to a motor vehicle owner of the probable cause(s) of any malfunction or misadjustment responsible for the failure to comply with the pass -adjust criteria. H. Remedy Of Noncompliance; Re -Inspection: It is the responsibility of the owner of a nonexempt motor vehicle which was found not to comply with the pass -adjust criteria to have the motor vehicle repaired at the owner's expense and to have it re -inspected within ten (10) calendar days of the failed exhaust emissions inspection. When repairs are necessary, the owner has the right to return said motor vehicle to the same • AIR station for one re -inspection without charge; provided, that not more than ten (10) calendar days have elapsed since the motor vehicle's initial exhaust emissions inspection. Repairs may be performed by the AIR station or by any other mechanic of the owner's choice. I. Payment Of Inspection Fee: Any person who presents a motor vehicle for an exhaust emissions inspection shall immediately pay the AIR station for the inspection, except as provided for re -inspections in subsection H of this Section. In addition, any person whose motor vehicle successfully passes the exhaust emissions inspection shall immediately reimburse the AIR station for a certificate of compliance. The maximum allowable fee for an exhaust emissions inspection and the fee for a certificate of compliance shall be adopted by the Board as a portion of the rules and regulations and made known to the public in whatever manner the Board deems appropriate. J. Issuance Of Certificate Of Compliance: An exhaust emissions mechanic who performs an exhaust emissions inspection on a motor vehicle shall, when the motor vehicle is found to comply with the pass -adjust criteria, immediately issue a certificate of compliance in accordance with procedures adopted by the Board in the rules and regulations. The certificate of compliance will expire on the last day of the next inspection • period for that motor vehicle. (Ord. 547, 12-18-1990) 7-3-5: DUTIES AND POWERS OF BOARD: A. Meetings; The Board shall conduct regular monthly public ME3 7-3 (7) • meetings at such time as the Board shall determine. B. Adoption Or Amendment Of Rules And Regulations: The Board, in accordance with the criteria expressed herein, shall adopt rules and regulations for the implementation and operation of the AIR program and amend those rules and regulations from time to time as it deems necessary. Rules and regulations and amendments to same may only be adopted at an Air Quality Board meeting with a minimum of fourteen (14) days' public notice of the Board's intent to amend the rules and regulations. C. Requirements For Rules And Regulations: Rules and regulations shall include, but not be limited to, the following: 1. Procedures for determining the exempt or nonexempt status of any motor vehicle and releasing exempt motor vehicles from further compliance with the AIR program. 2. Procedures for establishing the inspection period for a nonexempt motor vehicle. 3. Pass -adjust criteria for all nonexempt motor vehicles. 4. Display and placement of certificates of compliance on • nonexempt motor vehicles which have passed an exhaust emissions inspection. 5. Specifications for approved exhaust gas analyzers. 6. The fee ceiling which may be required to be paid by a nonexempt motor vehicle owner to bring their nonexempt motor vehicle into compliance with the pass -adjust criteria (this fee shall be the minimum necessary to accommodate typical repair needs and may be different for different model years). 7. The cost of a certificate of compliance (this fee shall be the minimum necessary to provide for the ongoing operation, administration, maintenance and enforcement of the AIR program and shall not exceed three dollars seventy five cents ($3.75) without concurrence of all participating agencies). Is the fee current? Response: Yes , No , Change as follows: • 8. Procedures for AIR stations to purchase certificates of compliance. 9. The maximum fee which may be charged by an AIR station for performing an exhaust emissions inspection (this fee shall be the minimum necessary to reimburse the AIR station for labor ME3 7-3 (8) • costs and reasonably amortize the cost of an exhaust gas analyzer plus a reasonable overhead and return on investment allowance). 10. The processing fee which may be assessed upon owners of nonexempt motor vehicles who fail to present their nonexempt motor vehicle for inspection within the inspection period (this fee shall be sufficient to recover costs of processing notices of violation for all nonexempt motor vehicles which do not comply with the provisions of this Chapter within the inspection period). 11. Procedures governing the licensing of AIR stations and emissions inspection mechanics and the suspension, revocation or termination of those licenses when appropriate. 12. Schedules and deadlines for the flow of data, paperwork and information pertaining to exhaust emissions inspections among AIR stations, exhaust emissions mechanics and the AIR program staff. 13. Fee schedules for licensing AIR stations and exhaust emission mechanics and for testing applicants for exhaust emissions mechanics' licenses. • 14. Audit procedures to ensure that all certificates of compliance are adequately protected against theft and counterfeiting. D. AIR Stations License Suspension Or Revocation; Notice And Hearing: The Board or its authorized representatives, upon notice and an opportunity for a hearing, may suspend, revoke and/or require the surrender and forfeiture of the AIR station license of any AIR station permittee if it finds that such station is not operated in accordance with this Chapter or the rules and regulations. The procedure and grounds for suspension or revocation shall be set forth in the rules and regulations. E. Emission Inspection Mechanic's License Suspension Or Revocation; Notice And Hearing: The Board or its authorized representatives, upon notice and an opportunity for a hearing, may suspend, revoke and/or require the surrender and forfeiture of any emissions inspection mechanic's license if the Board finds that such emissions inspection mechanic does not perform tests in accordance with this Chapter or the rules and regulations. The procedure and grounds for suspension or revocation shall be set forth in the rules and regulations. F. Quality Assurance Program: The Board shall conduct an • ongoing quality assurance program to determine that all AIR stations and exhaust emission mechanics perform AIR program tasks in conformance with the adopted rules and regulations. G. Additional Actions: The Board shall have the authority to undertake any additional actions reasonably necessary to the ME3 7-3 (9) • operation of the AIR program, including but not limited to: 1. Employing necessary staff. 2. Executing necessary contracts and documents. 3. Authorizing deposits into and expenditures from the Motor Vehicle Emissions Inspection Fund. 4. Acquiring and disposing of personal property. 5. Operating the AIR program in accordance with standard fiscal practice. 6. Providing for an annual audit of both financial and management practices of the AIR program. H. Evaluations Of AIR Program: The Board shall conduct ongoing evaluations of the AIR program sufficient to satisfy requirements of the United States Environmental Protection Agency and other applicable rules and statutes. I. Notify Vehicle Owners Of AIR Program Information: The Board may make known to owners of nonexempt motor vehicles, in whatever manner the Board deems appropriate, the following • information about the AIR program: 1. Purpose of the AIR program. 2. Owners' responsibilities under the AIR program. 3. Most common adjustments and repairs likely to be required in order for a motor vehicle to successfully pass an exhaust emissions inspection. 4. Locations of AIR stations at which an exhaust emissions inspection may be performed. (Ord. 547, 12-18-1990) 7-3-6: FINANCING: A. Fund Established: There is hereby established a Motor Vehicle Emissions Inspection Fund which shall consist of the following: 1. Money appropriated thereto by the Board or any local entity. 2. Money remitted by the AIR stations which is collected as fees. • 3. Money received by the Board from private grants or donations. 4. Money received by the Board from processing fees assessed to owners of nonexempt motor vehicles who do not present their ME3 7-3 (10) • vehicle for an exhaust emissions inspection during the inspection period. 5. Federal or State funds received by the Board for the AIR program. 6. Any other funds received by the Board from any source. B. Disposition Of Funds: Moneys in the Motor Vehicle Emissions Inspection Fund may be used to pay all costs incurred by the Board in administering any aspect of the AIR program. C. Appropriation And Budget: The Board shall appropriate and budget on a fiscal year basis, indicating expenditures to be made in implementation and administering the AIR program and sources of income to be used for such expenditures. (Ord. 547, 12-18-1990) 7-3-7: INSPECTION CRITERIA AND COSTS: A. Adopt Criteria: The Board shall adopt and include in the rules and regulations pass -adjust criteria and may amend these criteria from time to time as it deems necessary to meet the purposes and intent of this Chapter. A nonexempt motor • vehicle's exhaust emissions must be less than or equal to the approved pass -adjust criteria in order for a certificate of compliance to be issued without further adjustment or testing. B. Vehicle Requirements: Nonexempt motor vehicles of the model year 1984 and newer must have a fully operational catalytic converter, air injection system, leaded fuel restrictor and any other component(s) specified by the Board in the rules and regulations. The owner of a nonexempt motor vehicle is required to see that these systems are fully operational. An exhaust emissions inspection will not be performed on any vehicle on which one or more of these components have been subject to tampering. The owner of any nonexempt motor vehicle which has been subject to tampering must bring all components into compliance and have the vehicle inspected within the inspection period. C. Issuance And Display Of Certificate Of Compliance: A certificate of compliance will be issued to each nonexempt motor vehicle which complies with the AIR program. The certificate will be displayed in a manner consistent with rules and regulations adopted by the Board. D. Payment Of Fees: • 1. Blank certificates of compliance will be distributed to each participating AIR station upon payment to the AIR program of a fee adopted and set by the Board; this fee is recovered by the AIR station when it is transferred to a nonexempt motor vehicle which has successfully passed an exhaust emissions inspection. The AIR station may also charge a fee, adopted and ME3 • set by the Board, to perform the exhaust emissions inspection on a nonexempt motor vehicle. The maximum total cost to a motor vehicle owner for an exhaust emissions inspection is therefor the sum of the fee for the certificate of compliance and the exhaust emissions inspection. 2. If a nonexempt motor vehicle exceeds the model year pass -adjust criteria during the initial test and the owner elects to utilize the 10 -day period for independent correction provided for by subsection 7-3-4H of this Chapter, the charge for the initial test without the issuance of a certificate of compliance shall be limited to the fee for the exhaust emissions inspection. When the motor vehicle is returned within the 10 -day period and meets pass -adjust criteria or has met the current repair limits, a certificate of compliance will be issued and the owner will pay only the fee for the certificate. E. Adjustments Or Repairs: If model year pass -adjust criteria are exceeded upon the initial test of a nonexempt motor vehicle, the AIR station may perform the adjustments and/or repairs required by the rules and regulations in order for a certificate of compliance to be issued. If, however, repair costs exceed or are reasonably expected to exceed the Board's currently adopted repair limits, a certificate of compliance • may be issued without further testing. F. Certificate Issued By Emissions Inspection Mechanic: A certificate of compliance shall be issued to a nonexempt motor vehicle only by an emissions inspection mechanic at an AIR station and may only be issued to motor vehicles which have been tested with equipment and procedures specified and approved by the Board. No person shall represent himself or herself as an emissions inspection mechanic unless he or she has a current license issued by the Board. G. Authorization Required: No person shall demand or collect a fee for the exhaust emissions inspection of a nonexempt motor vehicle unless authorized by this Chapter. H. As of January 1, 1991, the following pass -adjust criteria will be in place, subject to modification as provided in subsection A of this Section: Model Year % Carbon Monoxide 1965- 1974 5.5 1975-1979 3.5 1980 1.5 • 1981 and newer 1.2 !SETLRM!!SETFNT!!SETTAB! (Ord. 547, 12-18-1990) 7-3-8: PROPERTY ACQUISITION; CERTIFICATES PROPERTY OF BOARD: ME3 7-3 (12) • A. Authority To Acquire Property: The Board may acquire by purchase, donation, dedication, or other lawful means any special equipment, tools, materials or facilities needed to adequately administer, investigate or enforce the provisions of this Chapter or the rules and regulations adopted pursuant hereto; provided, however, any acquisition made by the Board shall comply with all statutory requirements imposed upon the County of Ada for the purchase or receipt of property. B. Certificates Property Of Board: All certificates of compliance are the property of the Board until such time as they are issued to properly inspected motor vehicles. (Ord. 547, 12-18-1990) 7-3-9: FALSIFICATION OF CERTIFICATES: A. Issuance: No person shall wilfully make, issue, display, sell or possess any imitation, counterfeit, or alteration of a certificate of compliance. B. Display: No person shall display upon any nonexempt motor vehicle a certificate of compliance knowing it to be issued without compliance with this Chapter. (Ord. 547, 12-18-1990) • 7-3-10: ENFORCEMENT: A. Violation By Vehicle Owner: Any owner who fails to present a nonexempt motor vehicle for an exhaust emissions inspection during the inspection period is in violation of this Chapter and will be subject to a Board processing fee and any and all other enforcement mechanisms available through Idaho Code, this Chapter, and other applicable Municipal or County ordinances. Nothing in this Chapter shall be construed to prevent the Board from requesting or utilizing any and all enforcement mechanisms granted by law. B. Continued Authority Of Preceding Ordinance: Enforcement commenced under the predecessor ordinance of this Chapter is specifically authorized to be continued uninterrupted until completed. (Ord. 547, 12-18-1990) 7-3-11: PENALTIES: A. Imposition Of Penalty: Any person who violates any provision of this Chapter shall be deemed guilty of an infraction and, upon judgment thereof, shall be subject to the penalties set forth in Idaho Infraction Rule 9(b)n (Other • Infractions). Failure to satisfy judgment as ordered by the court pursuant to this Chapter shall be deemed contempt of court punishable as a misdemeanor pursuant to Idaho Code section 18-1801. B. Continued Authority Of Preceding Ordinance: Enforcement ME3 7-3 (13) • commenced under the predecessor ordinance of this Chapter is specifically authorized to be continued uninterrupted until completed and penalties assessed under the prior chapter. (Ord. 547, 12-18-1990) 7-3-12: EFFECTIVE DATE: This Chapter shall be effective beginning on January 1, 1991. (Ord. 738, 8-20-1996) 7-3-13: SEVERABILITY: If any section, sentence, clause, word or phrase of this Chapter is for any reason held to be unconstitutional or otherwise invalid or unenforceable by any court of competent jurisdiction, such shall not affect the validity and enforceability of the remaining portions of this Chapter, all of which shall remain in full force and effect. (Ord. 547, 12-18-1990) 7-3-14: JOINT ORDINANCES AND JOINT POWERS AGREEMENT: • A. City And County Ordinances: The Ada County Commissioners have previously passed, or will subsequent to passage of the Ordinance codified in this Chapter pass, an ordinance which is the counterpart of this Chapter for the City of Meridian and is basically identical to this Chapter; other cities in Ada County may already have passed such an ordinance; the City of Meridian, by this Chapter, has agreed that carbon monoxide in the City of Meridian should be reduced and the Ordinance codified in this Chapter is passed to endeavor to do so; the City finds that the delegation of authority to the Air Quality Board is appropriate and the most efficient and economical means of operating the program of operating a County -wide abatement program of carbon monoxide; that individual municipal enforcement would be duplicate and inefficient government and probably unenforceable since registration of automobiles is a County and State function rather than a City function. B. Joint Powers Agreement: A joint powers agreement has been prepared which is incorporated herein as if set forth in full but not attached hereto; that the agreement is entered into pursuant to the authority granted in Idaho Code title 67, chapter 23, which agreement among other matters creates the Air Quality Board, states the purpose of the Board, states the composition of the Board, authorizes the Board to adopt • bylaws, provides for funding of the Air Quality Program, provides for termination of the Board, provides that every governmental entity in Ada County signing the agreement agrees to enforce the Air Quality Program; that the Mayor and the City Clerk are hereby authorized to execute the joint powers agreement and the delegations of power, authority, rights and ME3 7-3 (14) • duties made in and by this Chapter and in the joint powers agreement, are, by this Chapter authorized and approved. (Ord. 547, 12-18-1990) Ll • ME3 • CHAPTER 4 BICYCLES • For statute authority, see I.C. 5 49-713 et seg. 7-4 (1) Please carefully review this Chapter (derived from Ord. 130, passed in 1964) for accuracy and current practices of the City in regard to bicycle licensing, and all other regulations contained herein, and indicate any omissions or changes deemed appropriate. SECTION: 7-4--1: Definition 7-4--2: Effect Of Regulations 7-4--3: Licensing Requirements 7-4--4: Transfer Of Ownership 7-4--5: Rental Agencies 7-4--6: Report Of Sales 7-4--7: Mutilation Of Serial Number Or 7-4--8: Bicycle Operation Regulations 7-4--9: Equipment Requirements 7-4-10: Penalty !2R! 7-4-1: DEFINITION: License Plate The word "bicycle" shall mean every device propelled by human power upon which any person may ride, having two (2) tandem wheels, either of which is over twenty inches (2011) in diameter. (Ord. 130, 12-7-1964) 7-4-2: EFFECT OF REGULATIONS: A. Compliance Required: It shall be unlawful for any person to do any act forbidden or fail to perform any act required herein. B. Parental Responsibility: The parents of any child and the guardian of any child or ward shall not authorize or knowingly permit any child or ward to violate any of the provisions of this Chapter. C. Application Of Regulations: These regulations applicable to bicycles shall apply whenever a bicycle is operated upon any • public thoroughfare or public path set aside for the exclusive use of bicycles. (Ord. 130, 12-7-1964) 7-4-3: LICENSING REQUIREMENTS: ME3 7-4 (2) A. License And Plate Required: It shall be unlawful for any person to ride or propel a bicycle on any public thoroughfare, street, alley or highway unless such bicycle has been licensed and a license plate is attached thereto. B. Application For License: Application for a bicycle license and license plate shall be made to the Police Department on January 1 each year, with said Department providing application cards, metal or sticker license plates and registration cards. C. License Issuance: 1. The Police Department, upon receiving proper application therefor, is authorized to issue a bicycle license which shall be effective until the end of the fiscal year. 2. The Police Department shall not issue a license for any bicycle when they know the applicant is not the owner of or entitled to the possession of such bicycle. 3. The Police Department shall keep a record of the number of each license, the date issued, the name and address of the person to whom issued, the serial number on the frame of the bicycle and a record of all bicycle fees collected. • D. License Fees: A fee of fifty cents ($0.50) shall be charged for all license plates or stickers. A fee of twenty five cents ($0.25) shall be charged for all transfer cards. Are the fees current? Response: Yes , No , Change as follows: E. License Plate Or Sticker Attached To Bicycle: 1. Each license plate or sticker shall be firmly attached to the bicycle in such a position as to be plainly visible and on frame of the bicycle. 2. The Police Department shall issue a license bearing the license number assigned to the bicycle which shall include the name of the City, calendar year and corresponding numbers stamped thereon in numerical order. F. Inspection Before Licensing: The Police Department shall • inspect each bicycle before licensing the same and shall refuse a license for any bicycle which they determine is in unsafe mechanical condition. (Ord. 130, 12-7-1964) 7-4-4: TRANSFER OF OWNERSHIP: ME3 7-4 (3) • Upon the sale or transfer of a licensed bicycle, the licensee shall surrender the license to the Police Department or have said license assigned to another bicycle owned by the applicant. (Ord. 130, 12-7-1964) 7-4-5: RENTAL AGENCIES: A rental agency shall not rent, or offer any bicycle for rent, unless such bicycle has a license attached thereto and has been properly licensed. (Ord. 130, 12-7-1964) 7-4-6: REPORT OF SALES: It shall be the duty of every person who sells or transfers ownership of any bicycle to report to the Police Department such sale or transfer within twenty four (24) hours after purchase or transfer of any such bicycle. (Ord. 130, 12-7-1964) 7-4-7: MUTILATION OF SERIAL NUMBER OR LICENSE PLATE: A. Serial Number: It shall be unlawful for any person to • remove, destroy, mutilate, dismantle, or alter the serial number of any bicycle, or of any part thereof. B. License Plate Or Sticker: It shall be unlawful for any person to remove, destroy, mutilate or alter any license plate or sticker or registration card during the time the plate, sticker or card is in force; and it shall be unlawful for any person to transfer a license from one bicycle to another. (Ord. 130, 12-7-1964) 7-4-8: BICYCLE OPERATION REGULATIONS: A. Traffic Laws Apply: Every person riding a bicycle shall be granted all of the rights and shall be subject to all of the duties applicable to the driver of a vehicle except as to those provisions of law which by their nature can have no application. B. Obedience To Traffic -Control Devices: 1. Any person operating a bicycle shall obey the instructions of official traffic -control signs, signals and other control devices applicable to vehicles unless otherwise directed by a police officer. • 2. Wherever authorized signs are erected indicating that no right, left or U-turn is permitted, it shall be unlawful for any person operating a bicycle to disobey the direction of any such sign, except where a person dismounts from the bicycle to make such turn in which event such person shall then obey the ME3 7-4 (4) • regulation applicable to pedestrians. C. Riding On Bicycles: 1. Riding On Seat: A person propelling a bicycle shall not ride other than astride a permanent and regular seat attached thereto. 2. Riding Two Abreast: Persons riding bicycles upon a roadway shall not ride more than two (2) abreast except on paths or parts of roadways set aside for exclusive use of such. 3. Use Of Path: Whenever a usable path for bicycles has been provided adjacent to a roadway, bicycle riders shall use such path. D. Emerging From Alley Or Driveway: The operator of a bicycle emerging from an alley, driveway or building shall, upon approaching a sidewalk or the sidewalk area extending across any alleyway, yield the right of way to all pedestrians approaching on said sidewalk and upon entering the roadway shall yield the right of way to all vehicles approaching on said roadway. E. Clinging To Vehicles: No person riding in or upon any • bicycle shall attach such bicycle to a moving vehicle. F. Riding On Sidewalks: 1. Prohibited In Business District: It shall be unlawful for any person to ride a bicycle upon a sidewalk within a business district. 2. Posting Of Signs: The Chief of Police is authorized to erect signs on any sidewalk or roadway prohibiting the riding of bicycles thereon and when such signs are placed it shall be unlawful for any person to disobey the same. G. Hands On Handlebars: No person shall operate a bicycle or motorcycle without keeping at least one hand upon the handlebar. (Ord. 130, 12-7-1964) 7-4-9: EQUIPMENT REQUIREMENTS: A. Lights, Reflectors: 1. Front Of Bicycle, Light: Every bicycle when in use at nighttime shall be equipped with a lamp on the front, which shall emit a white light visible from a distance of at least • five hundred feet (500') to the front. 2. Rear Of Bicycle, Red Reflector: All bicycles shall be equipped with a red glass reflector of at least one inch (111) in diameter, which shall be so attached to the rear of such bicycle as to be visible from the rear. ME3 7-4 (5) • B. Brakes: Every bicycle shall be equipped with a brake which will enable the operator to make the braked wheel skid on a dry, level, clean pavement. (Ord. 130, 12-7-1964) 7-4-10: PENALTY: Except as otherwise herein provided, it shall be unlawful and punishable as a misdemeanor to violate any of the provisions of this Chapter. Any person violating any provision of this Chapter shall be deemed guilty of a misdemeanor and upon the conviction thereof shall be subject to penalty as provided in Section 1-4-1 of this Code. (Ord. 130, 12-7-1964; 1997 Code) E • ME3 7-5 (1) • CHAPTER 5 GOLF CARTS SECTION: 7-5-1: Definition 7-5-2: Driver's License Required 7-5-3: Equipment; Places Of Operation 7-5-4: Golf Cart Operation Regulations 7-5-5: Penalty 12R! 7-5-1: DEFINITION: The term "golf cart" shall mean every self-propelled vehicle upon three (3) or more wheels, in, upon or by which, any person or property, particularly golf clubs or golf equipment, may be carried or transported. (Ord. 641, 4-5-1994) 7-5-2: DRIVER'S LICENSE REQUIRED: It shall be unlawful for any person to drive or operate a golf cart who is not a licensed motor vehicle driver and whose • license is not valid at the time of operating or driving a golf cart. (Ord. 641, 4-5-1994) 7-5-3: EQUIPMENT; PLACES OF OPERATION: A. Equipment: No golf cart shall be operated in the City unless it is equipped with the following: 1. Brake: At least one brake which may be operated by hand or foot and at least one parking brake. Such brakes may be controlled by one mechanism but if in one mechanism, the brake must be capable of being locked on for parking purposes. 2. Muffler: If the golf cart is propelled by an internal combustion engine, it must have a muffler in good working order and in constant operation to prevent excessive or unusual noise and annoying smoke; no person shall use a muffler cutout, bypass or similar device. B. Places Of Operation: 1. Except as authorized herein, no golf cart shall be driven or operated on the streets, sidewalks, alleys, easements, or land owned by the City, in any area of the City that is • outside of the following described approximate square mile, in which the Cherry Lane Golf Course is located: North of the north street right-of-way line of Cherry Lane; East of the east street right-of-way line of Black Cat Road; South of the south street right-of-way line of W-1, ME3 7-5 (2) • Ustick Road; West of the west street right-of-way line of Ten Mile Road. 2. No golf carts shall be driven or operated on, or in, the right of way of Cherry Lane, Black Cat Road, Ustick Road, or Ten Mile Road. 3. Golf carts may be operated on the streets, alleys, easements within the City, or land owned by the City, within the parcel of land described in subsection B1 above, but not on the roads and streets set forth in subsection B2 directly above and not on the sidewalks, except as set forth in subsection 7-5-4A of this Chapter. Golf carts may not be operated or be driven in any area that has been posted by the City with a notice that prohibits such operation at the location described in the notice. 4. Golf carts may be operated or driven on privately -owned land or premises. (Ord. 641, 4-5-1994) 7-5-4: GOLF CART OPERATION REGULATIONS: A. Driving On Sidewalks: It shall be unlawful to drive, operate or park a golf cart on any sidewalk in the City, • unless traversing the sidewalk for purposes of going to or from the road or street to a home or from the home to the road or street. B. Speed: It shall be unlawful to operate a golf cart at a speed in excess of fifteen (15) miles per hour. C. Driving While Under The Influence Of Alcohol Or Drugs: It shall be unlawful to drive or operate a golf cart while under the influence of alcohol or drugs. D. Careless Driving: It shall be unlawful to operate a golf cart carelessly or heedlessly, or without due caution and circumspection or at a speed or in a manner as to endanger or be likely to endanger any person or property. E. Conformance With Traffic Controls: All golf carts shall conform to all vehicular traffic controls. F. Abide By Traffic Laws: All golf carts shall abide by all traffic laws, rules and regulations. G. Liability Insurance Required: All owners of golf carts shall have liability insurance on all their golf carts; it shall be unlawful not to have such liability insurance. (Ord. • 641, 4-5-1994) 7-5-5: PENALTY: Any person convicted of a violation of this Chapter shall be ME3 7-5 (3) • subject to penalty as provided in Section 1-4-1 of this Code. (Ord. 641, 4-5-1994; 1997 Code) • • lui 1• ME3 T8 (1) • !TITLE! 8 PUBLIC WAYS AND PROPERTY Streets, Sidewalks And Public Ways . . . . . . . . . . . . . 1 Uniform Street Name And Address Number Code . . . . . . . . 2 Irrigation And Drainage Canals And Ditches . . . . . . . . . 3 Encroachments; Fences . . . . . . . . . . . . . . . . . . . 4 Trees And Shrubbery . . . . . . . . . . . . . . . . . . . . 5 Sterling does not normally include franchise ordinances in the City Code, as such ordinances are considered nongeneral, of a "special" nature. Therefore, we have not included in the new Code the following chapters contained in the 1955 City Code. If the City so wishes, however, the following Chapters can be included prior to publication of the new Codes. Chapter Title & Number Omit Retain CATV Franchise (3-15; Ord. 734) Electric Power Franchise (3-18) If any of the above chapters should be retained, we will include them in this Title 8. Also keep in mind that if any of such chapters are retained, the City needs to review all the provisions of same for accuracy and current practices of the City, as one of the goals in recodifying is the omission of obsolete legislation and the inclusion of up-to-date, enforceable provisions. If the City has re -written text for any the above chapters, or any additional regulations regarding public ways and property, please include same with the Code Workbook when the Workbook is returned to Sterling for final changes before publication. Are any such re -written chapters included? If so, please list them below: Response: Remember that sample provisions are available upon request. The following samples are requested? Response: None requested , Send samples regarding the 40 following subjects: ME3 • CHAPTER 1 STREETS, SIDEWALKS AND PUBLIC WAYS SECTION: 8-1-1: Snow And Ice Removal From Sidewalks !2R! 8-1-1: SNOW AND ICE REMOVAL FROM SIDEWALKS: Statute authority, I.C. S 50-1008. 8-1 (1) A. Owner Or Occupant Responsibility: Owners, tenants or occupants of any premises within the City abutting or adjoining any public sidewalk shall remove all snow and ice from any such sidewalk. (1955 Code § 9-201) B. Notice To Remove: It shall be the duty of the City to notify any owner, tenant or occupant of property herein described to remove or otherwise correct the objectional matters herein legislated against, which notice shall be sent by registered mail to the last known address of such owner, tenant or occupant, notifying him that he has a period of twenty four (24) hours from and after receipt of such notice • within which to correct or otherwise remove the objections set forth in said notice. (1955 Code § 9-202) Is the time period correct? Response: Yes , No , Change as follows: C. Removal By City; Cost A Lien: Upon failure of the owner, tenant or occupant of said premises to comply with the terms and conditions of said notice, then and in that event the City shall have the right to remove such snow and ice and assess the cost thereof against the premises abutting the sidewalks. Such assessment shall be certified to the County Assessor or other proper County Official having charge of the making of the assessment roll, and such assessment shall be placed on the assessment roll and collected in the same manner as other Municipal taxes are collected. (1955 Code § 9-203) 0 ME3 8-2 (1) • CHAPTER 2 UNIFORM STREET NAME AND ADDRESS NUMBER CODE Statute authority, I.C. 5 50-318. Please review this Chapter with the subdivision regulations (Title 12 of this Code) for any conflicts with same, and indicate any changes deemed appropriate. SECTION: 8-2-1: Title 8-2-2: Purpose 8-2-3: Definitions 8-2-4: Approvals Required 8-2-5: Designation Of Street Names 8-2-6: Street Address Numbering 8-2-7: Variances And Appeals 8-2-8: Validity 8-2-9: Violations And Penalties !2R! 8-2-1: TITLE: • This Chapter shall be known as and cited as the CITY OF MERIDIAN UNIFORM STREET NAME AND ADDRESS NUMBER ORDINANCE. (Ord. 271, 11-4-1974) 8-2-2: PURPOSE: This Chapter is adopted for the purpose of providing uniform street name and address number grid systems, and for proper administration and enforcement of these systems. This Chapter shall apply to all lands within the incorporated and unincorporated territory as such boundaries shall exist from time to time. (Ord. 271, 11-4-1974) 8-2-3: DEFINITIONS: !DEF! BOARD: Board of Ada County Commissioners. COMMISSION: Planning and Zoning Commission of the City of Meridian. COUNCIL: City Council of the City of Meridian. • OFFICIAL ADDRESS NUMBER MAP: That Map or Maps showing all the streets within Ada County with the official address number grid systems and address numbers designated by the official given authority to designate address numbers within the jurisdiction. ME3 8-2 (2) • OFFICIAL STREET NAME LIST: This list containing the official street names within the incorporated and unincorporated areas of Ada County. Said list shall be composed of all street names having had official approval by the Board of Ada County Commissioners and the city councils of the Ada County jurisdictions, and shall be filed and maintained in the office of the Ada County Highway District. OFFICIAL STREET NAME MAP: That Map or Maps showing all the streets within Ada County with the official name shown thereon. This Map or Maps shall have been approved by resolution of the Council and shall be filed and maintained by the Ada County Highway District. PLAT: Subdivision plat. SHALL: Shall means mandatory. STREET: A right of way which provides vehicular and pedestrian access to adjacent properties, the dedication and maintenance of which the Ada County Highway District has accepted by official action. It shall include the terms "street", "drive", "court", "circle", "private street", "road", "avenue", "boulevard" "lane", "place" and other such terms. (Ord. 271, • 11-4-1974) !DEFEND! 8-2-4: APPROVALS REQUIRED: A. Street Name List: Before any street is named or any address numbers posted on any street, there shall be obtained from the appropriate jurisdiction, approval for the name and the street address. Official street names shall be maintained on an Official Street Name Map and Official Street Name List filed in the office of the Ada County Highway District. B. Address Number Grid Map: Before any grid system is established for the purpose of assigning address numbers, or before any existing grid system is changed, it shall have been approved by the jurisdictions affected. All official grid systems shall be shown on the Official Address Number Grid Map in the office of the City. (Ord. 271, 11-4-1974) 8-2-5: DESIGNATION OF STREET NAMES: There is hereby established in the unincorporated and incorporated areas of Ada County the following rules and regulations of the naming of streets. The Council shall proceed to establish the Official Street Name List by passage • of a resolution. Thereafter, all new streets shall be established in accordance with the same general standards hereinafter set forth and made a part of the Official Street Name List. A. Standards: The following standards shall be used in ME3 8-2 (3) • determining or approving street names: n U 1. Duplication Of Names Prohibited: There shall be no duplication of street names by sound or spelling within any address numbering grid system area. Differentiation shall not be by the addition of suffixes such as "road", "street", "lane", etc. Street and road name duplications may be permitted only where the streets involved are situated within two (2) or more separate addressing grid system areas, when it can be determined that such duplication will not cause confusion or jeopardize the public safety. 2. Future Street Dedications: Names for future street dedications shall be suggested by the person or agency proposing the street dedication, subject to all provisions of this Chapter. The Planning and Zoning Commission, by recommendation of the Ada County Highway District, shall determine what constitutes a separate street. We added "and Zoning" in subsection above, and elsewhere in this Chapter, for compliance with Ordinance 430 and Title 2, Chapter 1 of this Code. Is this acceptable? Response: Yes , No , Change as follows: 3. Suffixes: The following suffixes shall be used in designating street names: a. Street: An east -west right of way generally running in a straight line which provides vehicular and pedestrian access to adjacent properties, the dedication of which has been legally accepted, except streets in existence at this date. b. Avenue: A north -south right of way generally running in a straight line which provides vehicular and pedestrian access to adjacent properties, the dedication of which has been legally accepted, except avenues in existence at this date. C. Drive: A right of way generally meandering in an east -west direction which provides vehicular and pedestrian access to adjacent properties, the dedication of which has been legally accepted. d. Way: A right of way generally meandering in a north -south direction which provides vehicular and pedestrian access to adjacent properties, the dedication of which has been legally • accepted. e. Court: An east -west dead-end street connecting to a drive or street at one end only and at the other end providing a cul-de-sac with a radius of forty five feet (451) at the face of curb to the center of the circle. ME3 8-2 (4) • f. Place: A north -south dead-end street connecting to a drive or street at one end only and at the other end providing a cul-de-sac with a radius of forty five feet (45') at the face of curb to the center of the circle. g. Lane: A private street, officially accepted as such, but not maintained by the Ada County Highway District. Its acceptance is based upon an application request and Highway District agency approval. Any private lane which has two (2) or more addresses must be officially named. h. Boulevard: Normally eighty foot (80') or greater right of way which provides vehicular and pedestrian access to adjacent properties, the dedication of which has been officially accepted by the Ada County Highway District and which is separated by a median strip, usually landscaped. i. Road: A designated major arterial which extends to both urban and rural areas, dedicated and maintained by the Ada County Highway District. 4. County Highway District Designation: The use of "road" or "boulevard" shall be by designation of the Ada County Highway District and shall be based upon the function and improvements of such streets. • 5. Circle Or Dead -End Streets: Five (5) platted lots or less coming immediately off of any right of way shall carry the suffix "circle" after the name of the street from which it emerges and shall be numbered according to the grid of such street. Short dead-end streets with five (5) or less addresses, coming immediately off of a road of arterial or collector status, may also be designated as "circles" and carry the name of the streets from which they emerge, if such dead-end streets will not or cannot be extended and provided with their own names in accordance with the provisions of this Chapter. 6. Existing Names, Preference: Where the proposed street is on the same alignment, and is a continuation of an existing street, the name of the existing street shall be applied. Where a street is on the same alignment but is not linked to an existing street, the Commission, upon recommendation of the Ada County Highway District, shall designate a name giving preference to existing names. 7. One Designation: Where a proposed street dedication unites two (2) differently named streets located on the same alignment, the Commission, upon recommendation of the Ada County Highway District, shall designate one of the existing • names. 8. Prefixes: Streets may be given the prefix "north", "south", "east" or "west" if they cross address numbering grid system base lines. ME3 8-2 (5) • 9. Change In Direction: If a street makes a very obvious change in direction, a new street name shall be assigned. Whenever this situation occurs, the change of street name should occur at an intersection rather than the point where the direction changes. B. Private Streets: 1. Official List: Officially accepted private streets (lanes) shall be listed on the Official Ada County Street Name List with the accompanying designation of "private". Applications for private street names must be made to and approved by the Ada County Highway District. Names used must not conflict with any existing street names, public or private. 2. Street Signs: a. The Ada County Highway District shall make, install and maintain street signs on private streets at approved locations. The financial obligations for the sign or signs shall be the owners of properties which front upon such streets. b. Any private street off of an officially accepted street shall have signs indicating its name and status as "private" • C. Subdivisions': 1. Shown On Plats: Proposed subdivision street names shall be shown on preliminary and final subdivision plats when submitted to the Planning and Zoning Commission. The Commission shall not approve such plats until the street names have been checked against the Official Street Name Map and List. 2. Partial And Half -Streets: All half -streets or partial streets shall be named in accordance with the definitions here noted. 3. Overall Theme: Subdividers shall be encouraged to use an overall theme when naming their streets. 4. Determination Of Names: It shall be the decision of the Commission, by recommendation of the Ada County Highway District, to determine what name is to be used when two (2) or more streets are in alignment. 5. Plat Approval: No plat shall be approved by the Council for filing until all provisions of this Chapter have been complied with. Approval of a final plat for filing in the County • Recorder's office shall constitute acceptance of all street names shown thereon. 1. See also subsection 12-4-2D of this Code. ME3 8-2 (6) • 6. Street Signs: It shall be the responsibility of any subdivider dedicating a new street to finance street name signs at each and every intersection. D. Changes In Street Names: 1. Reasons For Change: Where necessary or desirable, applications may be made to the Commission to change a street name, or the Commission may do so at its discretion, for reasons of duplication, similar pronunciation or spelling, or for other reasons relating to public safety or convenience. 2. Commission Determination: In the case of street name changes necessitated due to duplication, similar pronunciation or spelling, the Commission, upon recommendation of the Ada County Highway District, shall determine the street to be changed and select the new name to be used. In so doing, the Commission shall take into consideration the number of existing addresses on the streets in question, the length of time each street has used the name in question, the date of the original dedication of said streets and any other factors pertinent to the changes in question. The Commission may hold public hearings on such changes. 3. Check With Official Map And List: No street names may be • changed until the proposed ones have been checked with the Official Street Name Map and List. 4. Avoid Inconvenience: All changes shall be made in such a manner so as to create the least possible inconvenience to residents and property owners in the area. No change shall become effective for at least thirty (30) days after official action by the Commission. 5. Signs; Location And Lettering: All street name signs shall be located in such manner as to be clearly visible to persons operating vehicles on the road. The lettering of the street name shall be a minimum of three and one-half inches (31/2") in height; however, all letters designating north, south, east or west shall be two inches (2") in height. All lettering shall be of such color and width to contrast sharply with the board or plate upon which the lettering is placed. Said board or plate shall be a minimum of six inches (6") in width. All street name signs shall have the street names lettered on both sides and shall be so positioned that the name is visible from both directions of the street. (Ord. 271, 11-4-1974) 8-2-6: STREET ADDRESS NUMBERING: • All street address numbers shall conform to the grid system shown on the Official Address Number Grid Map kept on file at the City Hall office. A. General Standards: The general standards to be used in developing a street address grid system are as follows: W ME3 8-2 (7) • 1. Sixteen (16) grid blocks shall be assigned to the mile and three hundred thirty feet (330') between grid lines shall be the standard when establishing the grid system. 2. A standard one hundred (100) numbers per grid is hereby established. B. Assigned By City: All address numbers shall be assigned by the City. No other person or organization, public or private, shall assign any address number to any residence, business, industry, or use. C. Guidelines In Assigning Numbers: The following shall be the guidelines in assigning such address numbers by the City: 1. Businesses And Dwelling Units: Only one number shall be assigned to each business, use or dwelling unit. 2. Vacant Lots: Numbers shall be assigned to vacant lots within platted subdivisions and shall otherwise be assigned in such a manner that adequate numbers are reserved for possible future developments or resubdivisions of land. 3. Street Frontage: All addresses shall be assigned on the street upon which the structure fronts. When vehicular access • is used from a point other than the street frontage, the number shall be placed so as to be visible from the street side of the building. 4. Even And Odd Numbers: All addresses located on the north and east sides of streets shall be even numbers. All addresses on the south and west sides of streets shall be odd numbers. These requirements may be varied in the case of winding streets or circles. When a street has been determined to be running in predominately one direction, the numbering shall not be changed if the street slightly changes direction. 5. Owner To Post Legible Numbers: The owner of each structure shall post the assigned address number in such a manner that it is clearly visible from the street. The numbers shall be at least three and one-half inches (31/2") high. Numbers must be displayed prior to occupancy. 6. Change Of Nonconforming Numbers: Existing address numbers not in conformance with the Official Address Number Grid System Map may be changed by the Council giving official written notice at least ninety (90) days in advance of the effective date to property owners affected by such changes. New address numbers must be posted on the property by the effective date. (Ord. 271, 11-4-1974) • 8-2-7: VARIANCES AND APPEALS: A. Grant Of Variance By Council: The standards and requirements of these regulations may be modified or varied by ME3 8-2 (8) • the Council where the enforcement of the rules hereunder will result in extraordinary hardship; provided, that substantial justice is done and the public interest is secured hereunder. In granting any such variance or modification, the Council may require conditions thereof as will, in its judgment, secure substantial compliance with the general principles hereof. B. Appeals: Appeals may be had by any person from a decision of the Commission to the Council within ten (10) days after its decision. (Ord. 271, 11-4-1974) 8-2-8: VALIDITY: A. Validity Of Remaining Portions: Should any section, subsection, paragraph, sentence, clause or phrase of this Chapter, or any particular application thereof, be declared unconstitutional or invalid for any reason by a court of competent jurisdiction, such decision shall not affect the validity of the remaining provisions of this Chapter. B. Failure Of Commission To Act: If in an instance the Commission fails to act or carry out its responsibilities according to the regulations contained herein, the Council shall assume all the duties of the Commission as herein • specified in relation to the application concerned. (Ord. 271, 11-4-1974) 8-2-9: VIOLATIONS AND PENALTIES: A. Signs To Comply With Map: No person shall erect or install a street name sign which is not in accordance with the Official Street Name Map. B. Defacing Street Name Signs: No person shall remove, alter, change or otherwise deface a street name sign which exists in accordance with the Official Street Name Map. C. Posting Address Required: All persons shall post the address number of his property as designated by the City Council and as required by this Chapter. D. Violation A Misdemeanor: Each violation of these regulations shall be a misdemeanor. Each violation for each day it shall continue shall constitute a separate offense, and each violation shall be punishable as provided in Idaho Code section 18-113. E. Action To Correct Violation: Upon knowledge of a violation, • the Council may require the prosecuting attorney to commence action to correct the violation and to punish the same. (Ord. 271, 11-4-1974) ME3 8-3 (1) • CHAPTER 3 IRRIGATION AND DRAINAGE CANALS AND DITCHES Statute authority, I.C. §§ 50-331, 50-334 and 50-1801 et seq. SECTION: 8-3-1: Intent And Purpose 8-3-2: Maintenance Required 8-3-3: Failure To Maintain Considered A Nuisance 8-3-4: Abatement Of Nuisance; Notice 8-3-5: Appeal 8-3-6: Owner Responsibility 8-3-7: City Removal; Action Against Owner 8-3-8: Penalty For Interference !2R! 8-3-1: INTENT AND PURPOSE: It is hereby found that water and irrigation are a substantial property right within the City limits and that these rights need to be protected and regulated; that it is the intent and purpose of this Chapter to regulate the use and maintenance of irrigation and drainage canals and ditches to ensure that each • property owner, and his property, receives the full and lawful amount of water and the full amount of head and pressure. (Ord. 511, 6-6-1989) 8-3-2: MAINTENANCE REQUIRED: A. Definition: For purposes of this Chapter "maintenance" shall be defined as sufficient upkeep, repair, cleaning, debris removal, weed removal, break or hole repair, rodent killing, or construction such that a free flow of water is maintained and a downstream user has the water head, amount and pressure that he is legally entitled to. B. Maintenance Of Canals, Ditches And Embankments: It is hereby declared to be unlawful for any property owner of land through which an irrigation canal or ditch or a drainage canal or ditch traverses such land to fail to maintain in good order and repair any such canal or ditch that traverses through his property such that said canal or ditch is ready to transport water. Additionally, such owner of the land through which such a canal or ditch traverses shall maintain the embankments thereof in good repair, in order to prevent the water from wasting during the irrigating season, and shall not at any time permit a greater quantity of water to be turned into said • ditch or canal than the banks thereof will easily contain or than can be used for beneficial or useful purpose. (Ord. 511, 6-6-1989) 8-3-3: FAILURE TO MAINTAIN CONSIDERED A NUISANCE: ME3 8-3 (2) • The failure to maintain a canal or ditch as in this Chapter required is hereby declared to be nuisance. (Ord. 511, 6-6-1989) 8-3-4: ABATEMENT OF NUISANCE; NOTICE: A. Order To Remove: The City Clerk, any member of the Police Department, Fire Department or Building Department, jointly hereafter referred to as "City Official", may order any nuisance herein in this Chapter corrected, abated, or removed after ten (10) days, prior notice of intention to correct, abate or remove the nuisance. B. Notice Of Abatement Or Removal: 1. Posting Or Serving: Notice of such order shall be posted upon said land. Copies of said notice shall be served upon the owner of the real estate on which the nuisance is located. If the owner of the land cannot be found or located, the notice posted on the property shall be sufficient. 2. Content Of Notice: If it is determined by the City Official that a public nuisance, as herein defined, exists on any lot, place or parcel of real property, the City Official shall • cause a notice to be issued to correct, abate or remove such nuisance. Such notice shall be headed "Notice to Clean Ditch or Canal", shall contain a description of the property in general terms reasonably sufficient to identify the location of the nuisance, shall describe the nuisance in terms reasonably sufficient to identify the same; shall direct the abatement of the nuisance; shall specify the penalty provisions as provided herein; and shall specify the appeal process as provided herein; and shall state that if the City corrects, removes or abates the nuisance, the City shall assess the cost thereof against the property with the real property taxes. (Ord. 511, 6-6-1989) 8-3-5: APPEAL: Within ten (10) days from the date of posting, or personal service of the required notice, the owner or person occupying or controlling such lot, place or real property affected may appeal to the City Council. Such appeal shall be in writing and shall be filed with the City Clerk. At the regular meeting or regular adjourned meeting of the City Council, not less than ten (10) days nor more than twenty six (26) days after receipt of the appeal, the City Council shall proceed to hear and pass upon such appeal, and the decision of the City • Council thereupon shall be final and conclusive. In the event that the nuisance involves flooding, the City may abate, correct, or remove the nuisance regardless of any appeal and may take immediate action without notice to the owner. (Ord. 511, 6-6-1989) ME3 • 8-3-6: OWNER RESPONSIBILITY: 8-3 (3) It shall be the duty of the owner or person occupying or controlling any lot, place or real estate in the City which has been declared a public nuisance as provided herein within ten (10) days from the date of notification, as provided herein, or in case of an appeal to the City Council, within ten (10) days from the determination thereof, unless the same is sustained, to correct, remove or abate the nuisance as stated. (Ord. 511, 6-6-1989) 8-3-7: CITY REMOVAL; ACTION AGAINST OWNER: Upon the failure, neglect or refusal or any owner or occupant so notified to remove the public nuisance as herein defined, within the time specified in this Chapter, the City Official may notify the City Attorney in writing of the last known legal owner and property description in general terms. The City Attorney may cause legal action to be taken through the Magistrate's Court for action as follows: (Ord. 511, 6-6-1989) A. Imposition Of Penalty; Civil Action: The owner of any lot, place or real property within the City who shall permit or allow the existence of a public nuisance as defined in this • Chapter, upon any lot or premises owned, occupied or controlled by him, or who shall violate any of the provisions of this Chapter, shall be guilty of a misdemeanor and, upon conviction thereof, shall be subject to penalty as provided in Section 1-4-1 of this Code. The City Attorney, in his discretion, may also take civil action to obtain an order from said Court enjoining the maintenance of said public nuisance and the City shall be awarded its court costs and attorney's fees for prosecuting the action. (Ord. 511, 6-6-1989; 1997 Code) B. Special Assessment For Costs: Regardless of the action by the City Attorney or in addition thereto, upon direction of the City Council and at the City Council's discretion, upon the failure, neglect or refusal of any owner or occupant so notified to remove the public nuisance as herein defined within the time specified in this Chapter, the City Official knowing of the violation shall notify the City Clerk's office in writing of the known legal owner, if known, and property description in general terms and the nature of the violation. The City Clerk's office shall proceed with the work specified in the notice. The cost of the work shall be transmitted to the Council, who shall cause the same to be paid and levy a special assessment against the property as allowed in Idaho Code section 50-1008. The owner of the property shall be • notified of the assessment and may pay the same prior to its certification on the tax rolls. (Ord. 511, 6-6-1989) 8-3-8: PENALTY FOR INTERFERENCE: ME3 8-3 (4) • It shall be a misdemeanor for any person to interfere with the City Official in correcting, abating or removing a nuisance as provided herein. Upon conviction of such interference, the person shall be subject to a minimum fine of one hundred dollars ($100.00) and a maximum fine of not more than three hundred dollars ($300.00), or to not more than thirty (30) days in jail or both such fine and imprisonment. (Ord. 511, 6-6-1989) We have retained the specific penalty, since it differs somewhat from the general penalty in Section 1-4-1 of this Code. Should text above remain as is? Response: Leave text as is Omit penalty and refer to Section 1-4-1 of this Code Change as follows: r1 U 17J ME3 • CHAPTER 4 E C J W, ENCROACHMENTS; FENCES For statute authority, see I.C. S 50-314. SECTION: 8-4-1: Definitions 8-4-2: Compliance With Chapter 8-4-3: Planting Or Materials In Parkway; Permit 8-4-4: Encroachment Permit; Application And Conditions 8-4-5: Fence Regulations 8-4-6: Illegal Obstructions; Abatement !2R! 8-4-1: DEFINITIONS: 8-4 (1) For the purposes of this Chapter the following terms, phrases, words and their derivation shall have the meanings given herein. When not inconsistent with the context, words used in the present include the future, words in the plural number include the singular, and words in the singular number include the plural number. The word "shall" is always mandatory and not merely directory. !DEF! ENCROACH: The use, intrusion, enclosure or occupation of a street, sidewalk, parkway or the unused portion of a street. OBSTRUCTION: Any obstacle or thing impeding, or inconveniencing or rendering dangerous, public travel upon and along a street, alley or sidewalk. PARKWAY: That portion of public right of way situated between the curb line of any street and the property line of property abutting and adjoining any street. In the absence of a curb, the curb line of a street shall be deemed to be the edge of that portion of public right of way maintained and open to the use of the public for purposes of vehicular travel. PERSON: Any person, firm, partnership, association, corporation, company or organization of any kind. SIDEWALK: The portion of the parkway of a street set aside and intended for the use of pedestrians. STREET: Highways, roads, alleys and bridges dedicated, purchased or otherwise acquired for the public, including the unimproved or unused portion thereof, maintained and open to use by the public. (Ord. 285, 11-3-1975) !DEFEND! 8-4-2: COMPLIANCE WITH CHAPTER: It shall be unlawful for any person, except as provided by this Chapter: ME3 8-4 (2) • A. To cause, create or maintain any encroachment, or obstruction, upon or within any street. B. To place, install or maintain any object, substance or matter in lieu of trees, shrubs, bushes, grass or vegetation upon or within any street. C. To erect or maintain poles, wires, pipes or structures upon or below the surface of any street. D. To drive any vehicle or ride an animal upon any sidewalk or parkway. (Ord. 285, 11-3-1975) 8-4-3: PLANTING OR MATERIALS IN PARKWAY; PERMIT: A. Application For Permit: Any owner or occupant of property abutting and adjoining any street may upon and within the parkway of such street: 1. Improve, adorn or plant trees, shrubs, bushes, grass or vegetation; and 2. Place, install and maintain any object, substance or matter in lieu of trees, shrubs, bushes, grass or vegetation. • Provided such owner or occupant shall first file an application for a permit with the City Building Department, who shall have exclusive jurisdiction and supervision over any planting of trees, shrubs, bushes, grass or vegetation, or the installation and maintenance of objects, substances or matters in lieu of trees, shrubs, bushes, grass or vegetation upon and within the parkway of a street. All permits as herein provided shall comply with the provisions of this Chapter. B. Rejection Of Permit; Appeal To Council: In the event an application for a permit is rejected by the City Building Department, the owner or occupant of property may within ten (10) days following the date of the rejection of such application by the City appeal to the Council. (Ord. 285, 11-3-1975) Is the Building Department the current enforcement official? Response: Yes , No , Change as follows: • 8-4-4: ENCROACHMENT PERMIT; APPLICATION AND CONDITIONS: A. Application For Permit: A person seeking to encroach, obstruct or use a street, sidewalk or parkway, including the unused or unimproved portion of a street, must file an application with the Building Department Director, who shall present the same for the ME3 8-4 (3) • approval or disapproval of the Council. The application shall include plans and specifications of sufficient clarity to indicate the nature and extent of the proposed obstruction, encroachment, or use of the street, sidewalk or parkway by which to demonstrate that relevant provisions of this Code and other relevant laws, ordinances, rules, regulations and orders will be complied with, the legal description of the property abutting the street, sidewalk or parkway upon or within which such encroachment, obstruction or the use shall be or is intended to be performed, and any other additional information necessary to make a fair determination of whether to allow or permit the encroachment, obstruction or use. Is the Building Department Director the proper official to reference above? Response: Yes , No , Change as follows: B. Conditions Of Permit: A permit granted pursuant to the provisions of subsection A herein shall be subject to the following conditions: • 1. Limited Rights Of Permittee: The person to whom a permit is given or granted shall acquire no property or contractual right in and to the street, sidewalk or parkway and such permit may be revoked whenever the Council deems it necessary as a proper police measure. 2. Compliance With Regulations: The person to whom a permit is issued shall comply with all laws, orders and regulations of the City and with any direction of any public officer, pursuant to law, which shall impose any duty upon such person, or such person shall at his sole expense obtain all licenses or permits which may be required. 3. Indemnification; Insurance Required: The person to whom a permit is issued shall indemnify and save and hold harmless the City from and for any and all losses, claims, actions and judgments for damages or injuries to persons or property and losses and expenses caused or incurred by the permittee, its servants, agents, employees, guests and business invitees. In addition, the permittee shall maintain and keep in full force and effect liability insurance in which the City shall be named as a named insured in amounts established by the Council. The limits of insurance shall not be deemed a limitation of the permittee's covenant to indemnify and save and hold harmless the City. • 4. Restoration By Permittee: Upon revocation of any permit given or granted, or in case of any disturbance or damage to pavement, sidewalk or other surface or structure, permittee shall, at its own expense, and in the manner required by the City, replace and restore such in a condition acceptable to the City. (Ord. 285, • • • w, , ME3 8-4 (4) 11-3-1975) 8-4-5: FENCE REGULATIONS: See also Sections 3-11-7H8 and 12-4-10 of this Code for additional fence regulations. Are these provisions, as derived from 1975 legislation, currently in effect in the City? Please provide any text changes deemed appropriate. A. Electric Fences Prohibited: Electric fences are prohibited within the corporate limits of the City. B. Barbed Wire Fences: Barbed wire may be permitted in commercial and industrial zones only when used as the top section for security fences and shall be a minimum of seventy two inches (72") above grade. C. Open Vision Fences: Open vision fences can be built to the property line in commercial and industrial zones. D. Walls, Lattice Work And Screens: For the purposes of this Section, walls, lattice work and screens shall be considered to be fences and shall be built and maintained in compliance with the provisions hereof. E. Use Of Unsightly Materials: The use of boxes, sheet metal, old or decayed wood, broken masonry blocks or other like unsightly materials for fencing is hereby prohibited. F. Residential And Limited Office Districts: Upon and within lots in all residential districts and limited office districts for dwelling units: In lieu of Ordinance 430 adopted in 1984, are district references correct (see Title 11 of this Code for zoning regulations)? Response: Yes , No , Change as follows: 1. Interior Lots: Solid or closed non -vision fences to a height of thirty six inches (36"), or open -vision type fences to a height of forty eight inches (48"), may be built from the front of the dwelling unit to and including the front property line. Fences to a height of seventy two inches (72") may be built from the front of the dwelling unit to and including the rear property line. 2. Corner Lots; Clear Vision Triangle: a. Any open -vision fence, wall or planting on or within the clear vision triangle shall be limited to thirty six inches (3611) in height measured from the crown of the street. ME3 8-4 (5) • b. Solid or closed non -vision fences to a height of thirty six inches (36") or open -vision type fences to a height of forty eight inches (4811) may be built along the front property line and along the side property line to the front of the dwelling unit, except that a fence of seventy two inches (7211) in height may be built upon street and side property lines from the front of the dwelling to the rear property line; provided, that no closed non - vision fence which exceeds thirty six inches (3611) in height may be erected in the clear vision triangle. (Ord. 285, 11-3-1975) G. City Policy And Conditions For Permitting Fence Construction: Please carefully review all specifications and requirements of this subsection G for accuracy and current practices of the City, and indicate any changes deemed appropriate. 1. Conditions And Requirements: The policy for the permission to, and the conditions and restrictions imposed by the permission to, construct and erect fences within public right of way is hereby established as follows: a. Where a sidewalk four feet (4') wide or more exists, an applicant may construct a fence immediately adjacent to the sidewalk on the dwelling side. When a sidewalk does not exist, the applicant must provide a reasonably level walkway not less • than: 1) five feet six inches (5'6") wide if adjacent to a collector or arterial street, or 2) four feet six inches (4'611) wide if adjacent to a residential street, measured from the back of the curb or curb line. b. The design of the fence shall receive prior approval of the Council and must be built in compliance with such prior approval and in accordance with plans and specifications submitted to receive Council approval. c. Fences shall not exceed four feet (4') in height in the front setback area or six feet (6') in height elsewhere on property to be fenced, and shall otherwise comply with the zoning and building ordinances of City. d. The fence, regardless of the type or material used, shall be built of materials meeting Building Code' requirements for structural stability, fire resistance, safety, etc. e. The fence and all appurtenant structures and/or footings shall be removed at the expense of the property owner within thirty (30) days after proper notification by the Mayor and Council to do so. f. The applicant shall furnish and maintain liability insurance • in which City shall be named as the named insured in the minimum amount of twenty five thousand dollars ($25,000.00) property damage to any one person, fifty thousand dollars ($50,000.00) for 1. See Title 10, Chapter 1 of this Code. ME3 8-4 (6) • personal injuries to any one person and one hundred thousand dollars ($100,000.00) for personal injuries to persons per occurrence. Are insurance amounts current? Response: Yes , No , Change as follows: g. All work, such as grading, seeding or paving between the proposed fence to be erected on public property and the curb or street travelway, shall be at the expense of the property owner and in accordance with the requirement and specification of the Ada County Highway District. h. If the Council approves the application, the applicant must obtain a building permit from the Department of Building before commencing the construction or erection of said fence. 2. Revocation Of Permission: The right, privilege and permission to construct and erect a fence upon and within a public right of way is subject to revocation at the will of City, with or without • notice, and any expense incurred by the applicant in the construction and erection of a fence within a public right of way shall be done at the applicant's own expense and risk. Is due process allowed a permittee by way of notice and an opportunity for hearing, keeping in mind that the rights of the individual are a major issue these days? The text of subsections G2 above and G3 below strongly limit the rights of the permittee. Response: Yes , No , Change as follows: 3. Limited Rights Of Permittee: The applicant will, upon the approval by the Council of the right, privilege and permission to so construct and erect a fence, execute an agreement that he shall acquire no property or contractual right in and to such public right of way. Whenever the City or the Ada County Highway District deems it necessary as a proper police measure to vacate and revoke such fence permit, the applicant has no alternative but to comply with the order of revocation. (Res. 60, 11-3-1975) • 8-4-6: ILLEGAL OBSTRUCTIONS; ABATEMENT: A. Removal Required: If any encroachment or obstruction has been placed, installed, erected and maintained, or a use made and maintained for private or business purposes, upon a street, sidewalk or parkway without prior permission and consent, the ME3 8-4 (7) • Director of the Building Department shall in writing require immediate removal thereof. Is the Director of the Building Department the current enforcement official? Response: Yes , No , Change as follows: B. Removal By City; Costs: If such encroachment or obstruction or use has not been removed, or commenced to be removed, and diligently prosecuted, prior to the expiration of ten (10) days from such notification, by the person who caused or owns or controls the encroachment, or obstruction, or use, the Director must commence proper action to abate the same as a nuisance, and if judgment is recovered in favor of the City, the owner, occupant or person maintaining such nuisance may, in addition to having the same abated, be charged ten dollars ($10.00) for every day such nuisance remained after notice as well as all costs. (Ord. 285, 11-3-1975) Is the $10.00 charge current? • Response: Yes , No , Change as follows: 0 ME3 8-5 (1) • CHAPTER 5 TREES AND SHRUBBERY Statute authority, I.C. 55 50-313 and 50-314. SECTION: 8-5-1: Trimming Trees And Shrubs Overhanging Public Ways 8-5-2: Injury To Trees Or Shrubbery 8-5-3: Trees Outside Property Line !2R! 8-5-1: TRIMMING TREES AND SHRUBS OVERHANGING PUBLIC WAYS: A. Trees: Any owner, agent, tenant or occupant of any real property shall trim all trees on property owned or occupied by him, overhanging the sidewalks, streets or alleys, so that the branches thereon will not interfere with pedestrian or public travel. (1955 Code § 9-301) B. Hedges And Shrubbery: Any owner, agent, tenant or occupant of any real property shall trim all hedges and shrubbery adjacent to public sidewalks so that no part of said hedges and/or shrubbery shall extend over any part of a public • sidewalk in the City. (1955 Code § 9-302) 8-5-2: INJURY TO TREES OR SHRUBBERY. It is hereby declared unlawful for any person not the owner thereof, or without lawful authority so to do, to wilfully injure, deface, disfigure or destroy any fruit, shade or ornamental tree or shrub, or to injure, destroy, cut or pick any flower or plant, growing, standing, or being either on private ground or any street, parking, public park or place within the City. (1955 Code § 9-303) 8-5-3: TREES OUTSIDE PROPERTY LINE: The Mayor and City Council are hereby given full and complete control over all trees growing within the confines of the City limits which are outside the property lines of the respective lots, plots and tracts. (1955 Code § 9-304) •