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10-1444 City Code Violation of Prohibited Smoking SignsCITY OF MERIDIAN ORDINANCE NO. I O - 1 `-~ y y BY THE CITY COUNCIL: BIRD, HOAGLUN, ROUNTREE, ZAREMBA AN ORDINANCE AMENDING TITLE 6, CHAPTER 3, SECTION 2 OF THE MERIDIAN CITY CODE, REGARDING DISORDERLY CONDUCT; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, it is recognized that the smoking of tobacco and tobacco products is hazardous to the health of both smokers and nonsmokers who are exposed to smoking; and WHEREAS, the City Council of the City of Meridian finds that empowering owners of premises within the City of Meridian to choose to prohibit smoking will serve the public health, safety, and welfare; NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF MERIDIAN, IDAHO: Section 1. That Title 6, Chapter 3, of the Meridian City Code is amended to read as follows: 6-3-2: DISORDERLY CONDUCT: A. Qualifying Behavior: It shall be a violation of this section for any person to conduct himself or herself in a violent, noisy, or riotous manner, or in any way which commits a breach of the peace of another person(s), and/or to conduct himself or herself in a manner that endangers the health and safety of another person(s); and a violation of this section shall also include, but shall not be limited to, the following: 1. Accosting other persons within twenty-five (25) feet of a bank, automatic teller machine, or bill payment drop-box, for the purpose of begging or soliciting alms. 2. Occupying, lodging or sleeping in any building, structure or place, whether public or private, or any automobile, truck, railroad car or other similar vehicles or equipment without the permission of the owner or person entitled to the possession or in control thereof. 3. Using any motor vehicle, motor home, travel trailer, as a residence upon any public street (highway) and/or alley way or upon any other premises under the ownership and/or control of a government subdivision of the state. 4. Loitering, prowling or wandering upon the private property of another, without lawful business, permission or invitation by the owner or the lawful occupants thereof. DISORDERLY CONDUCT ORDINANCE AMENDMENT- SMOKING ON PRIVATE OR PUBLIC PREMISES PAGE 1 OF 3 5. Loitering or remaining in or about school grounds or buildings, without having any reason or relationship involving custody of or responsibility for a pupil or student, school authorized functions, activities or use. 6. Wilfully fleeing or attempting to elude a peace officer after being lawfully ordered to stop by an identified peace officer. 7. Lighting a cigarette, cigar, wipe, or any tobacco product, or refusing to extinguish same, on any public or private premises where smoking is prohibited. Such prohibition shall be indicated by means of a posted sign that: (a) reads "no smoking," describes the premises as "smoke-free," or contains the international no smoking symbol; Cb~ uses letters at least one inch (1") in heigllt; and (c is conspicuous, legible, unobscured, and placed at a height and location easily seen and read bYpersons entering or within the posted area. Persons violating this section shall be guiltyof an infraction and shall be subject to a fine of fifty dollars ($SOZ B. Misdemeanor: Except as otherwise specified herein, any person violating this section shall be guilty of a misdemeanor. Section 2. That all ordinances, resolutions, orders, or parts thereof or in conflict with this ordinance are hereby voided. PASSED by the City Council of the City of Meridian, Idaho, this ~"3 day of 2010. APPROVED by the Mayor of the City of Meridian, Idaho, this ~~ ay of 2010. APPROVED: ~~ Tammy de erd, Mayor `~~~„„II I ~ 1,11,,,~~~~ ~ . ATTEST: .~~~•~ ®F ~'~~®/ ~~'% ,~ Fo ' Jaycee lma City Clerk $~~~ '~i ~ ®® ~~ '~~//111111 1111;~ DISORDERLY CONDUCT ORDINANCE AMENDMENT- SMOKING ON PRIVATE OR PUBLIC PREMISES PAGE 2 OF 3