13-1579 City Code Parks and Recreation Code UpdateCITY OF MERIDIAN ORDINANCE NO. I3 _ X57 1
BY THE CITY COUNCIL: BIRD, HOAGLUN, ROUNTREE, ZAREMBA
AN ORDINANCE REPEALING AND REPLACING TITLE 13, CHAPTER 2, REGARDING
PARKS AND RECREATION REGULATIONS, AND PROVIDING AN EFFECTIVE DATE.
WHEREAS, it is the mission of the City of Meridian Parks and Recreation Department to
enhance the community's quality of life by providing well-designed and properly maintained parks and
recreational opportunities for all citizens; and
WHEREAS, pursuant to the recommendation of the Meridian Parks and Recreation
Commission and the Director of the Meridian Parks and Recreation Department, the City Council of
the City of Meridian finds that the following ordinance will advance the mission of the Department,
preserve City of Meridian park facilities for long-term use; promote recreational opportunities for the
community; and protect the health, safety, and welfare of the residents of Meridian and all City park
users;
NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE
CITY OF MERIDIAN, IDAHO:
Section 1. That Title 13, Chapter 2, Meridian City Code, shall be repealed, and replaced with
the following language.
Title 13 -PARKS
Chapter 2 -PARKS AND RECREATION REGULATIONS
SECTION 13-2-1: PARKS AND RECREATION DEPARTMENT CREATED:
There is hereby created an administrative department within the City to be known as the Meridian
Parks and Recreation Department.
SECTION 13-2-2: DEFINITIONS:
For purposes of this chapter, the following terms shall be defined as follows:
A. ADMINISTRATIVE POLICY: A written policy, rule, or practice of the Meridian Parks and Recreation
Department, approved by the Director and by resolution of City Council, concerning the
administration, regulation, or operation of park amenities, recreational programming, or other
function of the Department.
B. CITY PARK: Any and all designated park or recreational lands or facilities that are open to or
accessible by the public and are owned by the City of Meridian.
C. COMMISSION: The City of Meridian Parks and Recreation Commission.
D. CONTRACT CONCESSIONAIRE: A person or entity who sells, trades, gives away, or offers or
displays for sale, trade, or giveaway, any good or service pursuant to a currently effective, written
agreement with the City of Meridian.
E. DEPARTMENT: The Meridian Parks and Recreation Department.
PARKS AND RECREATION CODE PAGE 1 OF 16
F. DIRECTOR: The Director of the Meridian Parks and Recreation Department or his/her designee.
G. DIRECTOR'S ORDER: A written or verbal order of the Director establishing a decision or directive
regazding a specific inquiry or issue concerning the administration, regulation, or operation of pazk
amenities, recreational programming, or other function of the Department.
H. MOBILE Sour KITCHEN: A temporary establishment, conducted by a nonprofit organization
exempt from federal income tax under 26 U.S.C. sections 501(c), engaged in the preparation and
provision of food to and/or for the needy, including persons who by reason of age, disability, or
illness are unable to prepare meals for themselves.
I. OUTDOOR MARKET. See definition of "Outdoor Market" in Meridian City Code Title 3, Chapter 4.
PARK AMENITY. Any facility, physical space, ]and, recreational or utilitazian equipment,
infrastructure, building, plant, landscaping, field, sports complex, swimming pool, golf course,
trail, pathway, or other attraction, whether natural or manmade, that is in and/or part of a City Park.
1. RESERVABLE PARK AMENITY. A Park Amenity that maybe reserved by prior arrangement
with the Department and payment of any required fee.
2. NoN-RESERVARLE PARK AMENITY. A Park Amenity that may not be reserved, as specifically
designated as such by the Department, or as may be implied by omission.
K. PRIVATE GATHERING. A gathering of persons not open to the general public.
L. SHORT-TERM CONCESSIONAIRE: A person or entity in any City Park who sells, trades, gives
away, or offers or displays for sale, trade, or giveaway, any food or beverages.
M. SPECIAL EVENT. See definition of"Special Event" in Meridian City Code Title 3, Chapter 4.
N. SPONSOR. A person or entity allowed or engaged by the Department to provide monetary or in-
kind support for a Department event, program, or facility.
SECTION 13-2-3: DIRECTOR OF PARKS AND RECREATION:
There is hereby established the office of Director of Parks and Recreation, who shall be appointed as
set forth in Title 1, Meridian City Code, and who shall superintend, direct, and manage the Meridian
Parks and Recreation Department. In addition to those powers, duties and functions necessarily or
fairly implied or incidental to, or those essential to, the management of the Department, the Director
shall have the following expressly delegated and specified powers, duties and functions:
A. Exercise general supervision of Meridian public parks, recreational programming, all officers and
employees of the Department, City forestry, and the acquisition, planning, protection, operation,
maintenance, development and use of public parks and other properties, buildings or facilities as
may be assigned to the Department.
B. Where necessary for the efficient management and oversight of parks and pazk amenities, adopt,
and make available to the public, Administrative Policies or Director's Orders, which shall have
the effect of law upon their approval and adoption by resolution of the Meridian City Council.
C. Prepare, and submit to City Council for approval, an annual budget for the operation of the
Department.
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D. Supervise and direct all officers and employees in the Department, including the implementation
and establishment of employee performance standards and procedures for employees of the
department, including, but not limited to establishment of a dress code, duties assigned to the
department's employees and procedures and protocols for the conduct and operation of day to-to-
daypark and facility maintenance and upl{eep.
E. Furnish and provide, upon request of the Mayor, City Council, or any other department, reports,
services, labor, materials and information as maybe requested and as resources permit.
F. Perform such other functions and duties as required of him or her by the Mayor, the City Council
and ordinances now in existence or hereinafter enacted.
SECTION 13-2-4: USE OF PARK AMENITIES:
A. Parks to be regulated. No person in any park shall fail or refuse to comply with directions given
by police officers or duly authorized representatives of the Director in regulating the time, place,
and manner of any activity in any park when necessary to maximize use and secure the comfort or
convenience of all park users.
B. Regulations for Use and Reservation of all Park Amenities. The following regulations regarding
the time, place, and manner of the reservation and use of all Park Amenities shall apply generally
to the use of any and all Park Amenities.
1. First come, first served. Unless reserved in accordance with Department procedures and
policies, all Park Amenities shall be available on a "first come, first served" basis. No person
shall be authorized to use any unreserved Park Amenity to the exclusion of other persons or
uses except at such time at which and by such person by whom a Park Amenity is reserved
pursuant to the provisions of this chapter.
2. No admission to be charged. No person or organization, including a person or organization
with a reservation, may charge admission to any Park or Park Amenity without written
permission of the Director.
C. Regulations for Use and Reservation of all Reservable Park Amenities. In addition to the
regulations applicable to the reservation and use of all Park Amenities as set forth above, the
following regulations regarding the time, place, and manner of the reservation and use of
Reservable Park Amenities shall apply generally to the use of any and all Reservable Park
Amenities.
1. Reservation request procedure. Any person or organization may request that the Department
reserve a Reservable Park Amenity for its lawful use. Upon receipt of such request and
payment of applicable fees as established by fee schedule, the Department shall reserve
Reservable Park Amenities at the time and place, in the manner, and according to the
procedures for equitably allocating reservations as enumerated by Administrative Policy.
2. Limited scope of reservation. The authority to exclude other persons or uses from a
Reservable Park Amenity extends only to that imparted by the specific terms of a valid
reservation. The Reservable Parl{ Amenity specified on a written reservation shall be the only
Park Amenity reserved by and for the reserving organization. In no case shall the reservation
of a Reservable Park Amenity impart authm•ity to physically touch or remove any person,
object, or use from a shelter, or to violate any other provision of law.
3. Insurance may be required. Any person required to maintain liability insurance coverage as
specified in this Chapter or by any other applicable law, policy, or permit shall maintain such
coverage at all times during such party's use of a Reservable Park Amenity.
4. Reserved Park Amenity to be left in same condition. Reserving parties shall leave reserved
Park Amenities clean of debris and in the same condition after use, which duty shall include the
PARI{S AND RECREATION CODE PAGE 3 OF 16
disposal of waste, garbage and other refuse in disposal receptacles provided. If no such trash
receptacles are available, then the reserving party shall remove its refuse and trash from the
park area upon vacating the park. Upon violation of this section, in addition to other civil and
criminal remedies, the Department may deny or revoke subsequent reservations to the violating
person or organization.
5. Commercial use of Reservable Park Amenities -goods and services. Except as otherwise
allowed by Director's Order or written permit, during any reservable time, no person shall use a
Reservable Park Amenity to sell or offer for sale any good or service that a CONTRACT
CONCESSIONAIRE sells or offers or displays for sale at that Park. Provisions of this Chapter
regarding Specific Regulated Use of Parks may also apply to sales of goods or services in
Parks.
6. Commercial use of Reservable Park Amenities -recreation. Except as otherwise allowed
by Director's Order or written permit, during any. reservable time, no person shall use a
Reservable Park Amenity to sell or offer for sale any recreational programming that is available
to the public from or offered to the public by the DEPARTMENT at that Park.
SECTION 13-2-5: SPECIFIC REGULATED USES OF PARKS:
In addition to laws of policies of general applicability, the following standards regarding the time,
place, and manner of operation or occurrence of these specific Park uses shall also apply.
A. Special Events and Outdoor Markets. A Special Event or Outdoor Market, as such terms are
defined in Title 3, Chapter 4, Meridian City Code, shall be allowed in a Park subject to compliance
with each and all of the following regulations on the time, place, and manner of operation of such
use.
1. Temporary Use Permit required. No person shall operate a special event in a Park without
first obtaining a Temporary Use Permit and/or Citizen's Use Permit, as applicable, from the
City Clerk's Office.
2. Short-term Concession Permit not required. Short-Term Concessionaires specifically
enumerated and permitted under a City of Meridian Temporary Use Permit are not required to
obtain aShort-Term Concession Permit.
3. Reservable Park Amenity reservation required. Where a Special Event is occurring at,
utilizing, or would impede the typical use of a Reservable Park Amenity, the organizer of the
Special Event shall be required to reserve such amenity and all reservation fees shall apply.
B. Mobile Sales Units. A Mobile Sales Unit, as that term is defined in Title 3, Chapter 4, Meridian
City Code, shall be allowed to operate in a Park subject to compliance with each and all of the
following regulations on the time, place, and manner of operation of such use.
1. Mobile Sales Unit License required. No person shall operate a Mobile Sales Unit in a Park
without first obtaining a City of Meridian Mobile Sales Unit License from the City Clerk's
Office and express, written approval from the Director or designee.
2. Director approval. The approval of the Director or designee to operate a Mobile Sales Unit in
a Park shall be limited as to the Park(s), scope, and authority conveyed by such approval. The
Director may decline to approve the application of any Mobile Sales Unit to operate in a Park
where such Mobile Sales Unit:
a. Is providing or offering services or programming otherwise available from the Department;
b. Is providing or offering goods that a CONTRACT CONCESSIONAIRE sells at that Park;
c. Is providing or offering goods, services, or programming that are incompatible with other
lawful Park uses or Administrative Policy.
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3. Short-term Concession Permit not required. Short-Term Concessionaires specifically
enumerated and permitted under a City of Meridian Mobile Sales Unit License to operate in
City parks are not required to obtain aShort-Term Concession Permit.
C. Short-Term Concessionaires. A Short-Term Concessionaire, as that term is defined in this
chapter, shall be allowed to operate in a Park subject to compliance with each and all of the
following regulations on the time, place, and manner of operation of such use.
1. Invitation required. It shall be unlawful to operate or act as a Short-Term Concessionaire in a
Park without first obtaining a written invitation to operate such concession from the Director or
designee. Such invitation must be expressly conveyed, and shall be nontransferable and limited
to the scope and authority conveyed by such invitation. Such invitation maybe conveyed in
the foam of a Reservable Park Amenity reservation. The Director may decline to extend an
invitation to any Short-Term Concessionaire:
a. Which is providing or offering services or programming otherwise available from the
Department;
b. Which is providing or offering goods that a City Contractor sells at that Park; or
c. Which is providing or offering goods, services, or programming that are incompatible with
other lawful Park uses or Administrative Policy.
2. Health Department approval may be required. No person shall operate as a Short-Term
Concessionaire in a Park without first obtaining any and all licenses, permits, certifications,
and/or inspections required by the Central District Health Department.
3. Amenity reservation may be required. Any person operating as a Short-Term
Concessionaire in or upon a Reservable Park Amenity during a reservable time shall first
reserve such Reservable Park Amenity with the Department, unless such Short-Term
Concessionaire is operating under a City of Meridian Temporary Use Permit or City of
Meridian Mobile Sales Unit License.
4. Short-term Concession Permit required. No person shall operate as a Short-Term
Concessionaire in a Park without first obtaining aShort-Term Concession Permit from the
Department, unless such Short-Term Concessionaire is operating under a City of Meridian
Temporary Use Permit or City of Meridian Mobile Sales Unit License.
a. Application for aShort-Term Concession Permit shall be made to the Department, and shall
include a completed application form provided by the Department, which form shall
include, but not be limited to:
(1) The name, address, and tax identification number of the applicant, and/or, if the
applicant is a partnership, company, or corporation, the name, address, and corporate or
tax identification number of such entity. Addresses required by this subsection shall
include both local and corporate addresses, as well as both physical and mailing
addresses.
(2) The names and addresses of all employees and/or persons who will be establishing,
operating, or acting as under the Short-Term Concession Permit.
(3) A description of the operations, including any goods and/or services to be sold, traded,
given away, offered, displayed, and/or delivered, or any activities or events scheduled to
occur, under the Short-Term Concession Permit.
(4) A description of any and all motor vehicles to be used by or in the course of the
operation, including license plate state and number, make, model, color, and other
means of identification of such vehicle(s).
(5) A description and/or schedule(s) of the hours, locations, and means at and by which
activities, sales, trades, giveaways, offers, and/or displays will occur under the Short-
Term Concession Permit.
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(6) Proof of an insurance policy, issued by an insurance company licensed to do business in
Idaho, protecting the applicant from all claims for damages to property and bodily
injury, including death, which may arise from operations under or in connection with
the Short-Term Concession Permit. Such insurance shall name the city as additional
insured and shall provide that the policy shall not terminate or be canceled prior to the
expiration date without thirty (30) days' advance written notice to the city. Such
insurance shall afford minimum limits of five hundred thousand dollars ($500,000.00)
per person bodily injury, five hundred thousand dollaz•s ($500,000.00) per occurrence
bodily injury, and one hundred thousand dollars ($100,000.00) per occurrence property
damage.
(7) Application fee as set forth in the Department's fee schedule, except that no application
fee shall apply:
(A) where applicant is or represents a nonprofit organization exempt from federal
income tax under 26 USC section 501(c);
(B) Where applicant is or represents a governmental entity; or
(C) Where applicant is seeking aShort-Term Concession Permit for the purpose of
conducting fundraising activities for a school or youth organization.
b. Within twenty one (21) calendar days of receipt of a complete application for aShort-Term
Concession Permit, the Department shall either issue aShort-Term Concession Permit to
the applicant or deny the application. Where an application is denied, the Department shall
notify the applicant of such denial in writing, which shall include notice of the right to
appeal such decision as set forth in this chapter.
c. The City of Meridian Short-Perm Concessionaire Permit shall include, on its face:
(1) The name(s) of the permittee and any employees and/or persons permitted to operate as
a Short-Term Concessionaire under such permit;
(2) The time(s), date(s), place(s), and manner at and by which the Short-Term Concession
is permitted to occur;
(3) Any and all other conditions of operation that are necessary to protect the public health,
safety, and welfare or mitigate effects on park users.
D. Sponsors. A Sponsor, as that term is defined in this chapter, shall be allowed to operate in a Park
subject to compliance with each and all of the following regulations on the time, place, and manner
of operation of such use.
1. Invitation required. It shall be unlawful to operate or act as a Sponsor in a Park without first
obtaining a written invitation to operate such concession from the Director or designee. Such
invitation must be expressly conveyed, and shall be nontransferable and limited to the scope
and authority conveyed by such invitation. The Director may decline to extend an invitation to
any Sponsor:
a. Which is providing or offering services or programming otherwise available from the
Department;
b. Which is providing or offering goods that a City Contractor sells at that Park;
c. Which is providing or offering goods, services, or programming that az•e incompatible with
other lawful Park uses or Administrative Policy.
2. Health Department approval required. No person shall operate as a Sponsor in a Park
without first obtaining any and all licenses, permits, certifications, and/or inspections required
by the Central District Health Department.
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E. Mobile Soup Kitchens. A mobile soup kitchen, as that term is defined in this chapter, shall be
allowed in a Park subject to compliance with each and all of the following regulations on the time,
place, and manner of operation of such use.
1. Short-term Concession Permit required. No person shall operate a mobile soup kitchen in a
Park without first obtaining a Short Term Concession Permit from the Department. The Short
Term Concession Permit fee shall be waived.
2. Amenity reservation may be required. Any person operating a mobile soup kitchen in or
upon a Reservable Park Amenity during a reservable time shall first reserve such Reservable
Park Amenity with the Department. The reservation fee shall not be waived.
3. Health Department approval required. No person shall operate a mobile soup kitchen in a
Park without first obtaining any and all licenses, permits, certifications, and/or inspections
required by the Central District Health Department.
SECTION 13-2-6: GENERAL PARK REGULATIONS:
Except as expressly authorized by the Director, the following prohibitions shall apply in all City Parks.
These prohibitions shall not apply to police officers or MPR personnel acting in the course and scope
of their duties.
A. Incompatible uses. Uses incompatible with those enumerated herein, as determined by the
Director, shall be prohibited. A violation of this provision shall be an infraction, the penalty for
which shall be $100.00 plus court costs.
B. Airborne objects.
1. Model rockets. When other persons are present, no person shall launch a model rocket which
is propelled by or includes a motor, black powder, composite propellant, or electric or
explosive igniter. A violation of this provision shall be an infraction, the penalty for which shall
be $100.00 plus court costs.
2. Aircraft. Except by written order of the Director, no person shall launch, ride, land, tether,
pilot, jump from, or dive from ahot-air balloon, airplane, helicopter, hang-glider, or other
device designed for human flight. A violation of this provision shall be a misdemeanor. This
provision shall not apply to miniature or toy versions of such aircraft, though other regulations
may apply to the use of same.
C. Alcohol.
1. Sale, provision, consumption, and/or possession. The sale, provision, consumption, and/or
possession of alcoholic beverages shall be subject to the following requirements.
a. Alcohol sold or provided at public event. Where a Special Event or Outdoor Market is
held in a City Park, and such Special Event or Outdoor Market is open to or accessible by
the public, alcohol maybe sold or provided only pursuant to the terms and conditions of a
duly issued Temporary Use Permit and a Alcoholic Beverage Catering Permit from the City
Clerk. It shall be unlawful for any person to sell or provide an alcoholic beverage in
violation of this provision. A violation of this provision shall be a misdemeanor.
b. Alcohol brought to public event from off site for personal consumption. Where a
Special Event or Outdoor Market is held in a City Park, and such Special Event or Outdoor
Market is open to or accessible by the public, alcohol that is brought to the Park for
personal consumption maybe consumed or possessed within the boundaries of the Special
Event or Outdoor Market only pursuant to the terms and conditions of a duly issued
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Temporary Use Permit and a Meridian Parks and Recreation Department Alcohol Permit.
It shall be unlawful for any person to consume or possess an alcoholic beverage in violation
of this provision. A violation of this provision shall be an infraction, the penalty for which
shall be $100.00 plus court costs.
c. Alcohol sold or provided to attendees of private event.
(1) Where TUP required. Where a Special Event or Outdoor Market is held in a City
Park, and such Special Event or Outdoor Market is not open to or accessible by the
public, alcohol maybe sold or provided only pursuant to the terms and conditions of a
duly issued Temporary Use Permit and a Alcoholic Beverage Catering Permit from the
City Clerk. It shall be unlawful for any person to sell or provide an alcoholic beverage
in violation of this provision. A violation of this provision shall be an infraction, the
penalty for which shall be $100.00 plus court costs.
(2) Where TUP not required. Where a private event not requiring a Temporary Use
Permit is held in a City Park, and such event is not open to or accessible by the public,
alcohol may be sold or provided only pursuant to the terms and conditions of an
Alcoholic Beverage Catering Permit duly issued by the City Clerk. It shall be unlawful
for any person to sell or provide alcoholic beverages in violation of this provision. A
violation of this provision shall be an infraction, the penalty for which shall be $100.00
plus court costs.
d. Alcohol brought to private event from off site for personal consumption.
(1) Where TUP is required. Where a Special Event or Outdoor Market is held in a City
Park, and such Special Event or Outdoor Market is not open to or accessible by the
public, alcohol that is brought to the Park for personal consumption maybe consumed
or possessed within the boundaries of the Special Event or Outdoor Market only
pursuant to the terms and conditions of a duly issued Temporary Use Permit and a
Meridian Parks and Recreation Department Alcohol Permit. It shall be unlawful for any
person to consume or possess an alcoholic beverage in violation of this provision. A
violation of this provision shall be an infraction, the penalty for which shall be $100.00
plus court costs.
(2) Where TUP is not required. Where a private event not requiring a Temporary Use
Permit is held in a City Park, and such event is not open to or accessible by the public,
alcohol that is brought to the Park for personal consumption may be consumed or
possessed only pursuant to the terms and conditions of a duly issued Meridian Parks and
Recreation Department Alcohol Permit. It shall be unlawful for any person to consume
or possess an alcoholic beverage in violation of this provision. A violation of this
provision shall be an infraction, the penalty for which shall be $100.00 plus court costs.
e. Park Alcohol Permit.
1. Application for a Park Alcohol Permit shall be made to the Department, and shall
include the following:
(a) A completed application form provided by the Department, which form shall
include applicant's name, physical address, phone number, date of birth, and
driver's license number; a description of the location at which alcohol will be
served, consumed, or possessed; and the time of day, length of time, and date the
alcohol is to be served, consumed, or possessed.
(b) Permit fee as established by fee schedule.
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2. Upon receipt of a complete application for a Park Alcohol Permit, the Director shall
refer the application to the Chief of Police or designee, who shall cause an investigation
to determine the validity and completeness of the information therein. The Chief of
Police or designee shall endorse upon the application the findings of the investigation
and return it to the Director.
3. Within twenty one (21) calendar days of receipt of a complete application for a Park
Alcohol Permit, the Director or designee shall either issue Park Alcohol Permit to the
applicant or deny the application. Where an application is denied, the Department shall
notify the applicant of such denial in writing, which shall include notice of the right to
appeal such decision as set forth in this chapter.
D. Amplified sound. No person in any park shall operate or aid in the operation of a private radio,
stereophonic or sound amplification device at a greater volume than sixty-two (62) decibels
measured from such devices to a distance of twenty feet (20') therefrom, except as such device is
otherwise allowed under a valid City of Meridian Amplified Sound Permit or Temporary Use
Permit, in which case such device may be operated at a volume no greater than sixty-two (62)
decibels measured from such devices to the perimeter of the City Park.
1. Application for an Amplified Sound Permit shall be made to the Department, and shall include
a completed application form provided by the Department, which form shall include applicant's
name, physical address, phone number, date of birth, and driver's license number; description
of the location at which amplified sound will be used; and the time of day, length of time, and
date the amplified sound will be used.
2. Within twenty one (21) calendar days of receipt of a complete application for an Amplified
Sound Permit, the Department shall either issue an Amplified Sound Permit to the applicant or
deny the application. Where an application is denied, the Department shall notify the applicant
of such denial in writing, which shall include notice of the right to appeal such decision as set
forth in this chapter.
4. The Amplified Sound Permit shall include, on its face:
a. The name(s) of the permittee and any employees and/or persons permitted to use amplified
sound under such permit;
b. The time(s), date(s), place(s), and manner at and by which the Amplified Sound Permit is
effective;
c. Any and all other conditions of operation that are necessary to protect the public health,
safety, and welfare or mitigate effects on park users.
5. A violation of this section shall be an infi•action, the penalty for which shall be $100.00 plus
court costs.
E. Boating, swimming or wading. No person shall boat, windsurf, swim, bathe or wade in any water
or waterways, or pool in any park, except in such water and at such places as are provided therefor
and incompliance with all applicable and/or posted rules and regulations. A violation of this
provision shall be an infraction, the penalty for which shall be $100.00 plus court costs.
F. Camping. No person shall set up a tent, shack, or any other temporary shelter for the propose of
camping, except by order of the Director, nor shall any person leave in a City Park after closing
hours any tent, shack, movable shucture or vehicle that is or could be used for such purpose. A
violation of this provision shall be an infraction, the penalty for which shall be $100.00 plus court
costs.
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G. Defacement and damage prohibited. No person in any park shall willfully mark, deface,
disfigure, injure, tamper with, or displace or remove, any building, bridges, tables, benches,
fireplaces, railings, paving or paving material, water lines or other public utilities or parts or
appurtenances whatsoever, either real or personal, or have in his possession any of the foregoing
things or objects, or any part thereof. A violation of this provision shall be a misdemeanor.
H. Dogs.
1. Control of dogs. No person owning or having the care, custody, possession, or control of a
dog shall permit or allow such dog to enter or remain except:
a. Where such dog is controlled by a leash.
b. Where such dog is confined in a motor vehicle.
c. Where such dog is carried by such person owning or having the care, custody, possession,
or control of such dog.
d. At the Barlc Park and/or in such areas designated by the Department or Director as dog
training and exercise grounds, subject to the rules and regulations therein and as may be
prescribed.
2. Removal of fecal matter. No person owning or having the care, custody, possession, or
control of a dog shall:
a. Fail to have in his/her possession the equipment necessary to remove his/her dog's fecal
matter when accompanied by said dog in any park.
b. Fail to remove the fecal matter deposited byhis/her dog in any park before the owner leaves
the immediate area where the fecal matter was deposited.
A violation of this provision shall be an infraction, the penalty for which shall be $25.00 plus court
costs. This provision shall not apply to: police officers and their service animals during the official
performance of their duties; handlers of search and rescue animals during the official performance
of their duties; or persons with disabilities utilizing assistance animals.
I. Fences and Restricted Areas. No person in any park shall climb upon or go inside security fences,
maintenance service areas, or other permanently or temporarily restricted areas. A violation of this
provision shall be a misdemeanor.
J. Fires. No person in any park shall light, build, or maintain a fire, except for culinary purposes in
grills or fireplaces designated for such purpose, and no person shall leave the immediate area
without first extinguishing such fire. A violation of this provision shall be an infraction, the penalty
for which shall be $100.00 plus court costs.
K. Fireworks. No person in any park shall discharge, or have in his possession, any fireworks, except
as specifically authorized by Director's Order. A violation of this provision shall constitute a
misdemeanor.
L. Fishing. No person shall fish in any waters in any City Park, whether by the use of a hook and
line, net, trap, or other device, except in waters designated for that use and in compliance with all
applicable and/or posted rules and regulations. A violation of this provision shall be an infraction,
the penalty for which shall be $100.00 plus court costs. Fishing licenses shall be required pursuant
to Idaho Department of Fish and Game regulations.
M. Glass. No person shall use, carry, or be in the possession of any container made of glass. A
violation of this provision shall be an infraction, the penalty for which shall be $25.00 plus court
costs.
PARKS AND RECREATION CODE PAGE lO OF 16
N. Golf. Golfing or driving golf balls is prohibited except in specifically designated facilities. A
violation of this provision shall be an infraction, the penalty for which shall be $50.00 plus court
costs.
O. Horseback riding prohibited. No person shall ride or lead a horse in, through, or over any City
Park. This section shall not apply to police officers and their service animals during the official
performance of their duties. A violation of this provision shall be an infraction, the penalty for
which shall be $100.00 plus court costs.
P. Hunting prohibited. No person shall hunt, harm, kill, trap, or throw projectiles at any animal or
bird; nor shall any person collect, remove, or possess the eggs, nest, or young of any animal or
bird. A violation of this provision shall be an infraction, the penalty for which shall be $100.00 plus
court costs.
Q. Motor vehicles.
1. Enforcement of traffic regulations. No person shall fail to obey the direction of any police
officer, park employee, or other person authorized by the Director to direct traffic in, into, or
out of the City Park.
2. Obey traffic signs. No person shall fail to observe any traffic sign indicating speed, direction,
caution, stopping, parking restrictions or regulations, or other sign posted for proper control of
vehicular or pedeshian traffic.
3. Speed of vehicles. No person shall ride or drive any vehicle, whether motorized or
unmotorized, at a rate of speed exceeding fifteen (15) miles per hour, except as otherwise
designated by posted signs.
4. Vehicles confined to roads. No person shall drive any vehicle, whether motorized or
unmotorized, on any area except the paved park road or parking areas, or such other area as is
specifically designated by the Director as a parking or driving area.
5. Penalty. A violation of this provision shall be an infi•action, the penalty for which shall be
$100.00 plus court costs.
R. Park Closure. No person shall be in the park during hours of closure, except for purposes of
transit through the park, or as authorized by permit or Director's order. A violation of this
provision shall be an infraction, the penalty for which shall be $100.00 plus court costs.
Parking in Parks.
1. City parking code applies. Except as otherwise set forth specifically in by code or
Administrative Policy, Meridian City Code provisions regarding parking shall generally apply
in City parks.
2. Designated areas. No person shall park a vehicle in any park anywhere other than an
established or designated parking area. No person in any park shall use a parking area in
violation of posted directions, state or• local law, the instructions of any police officer or duly
authorized representative of the Director, or Administrative Policy.
3. Parking while closed. No person shall leave any vehicle standing or parked in any park when
the park is closed, except as specifically authorized by Director's Order or Administrative
Policy.
4. Restricted vehicles. No motor vehicles shall be permitted on any sidewalk or pathway of any
park except:
a. Vehicles operated by law enforcement personnel;
PARKS AND RECREATION CODE PAGE 11 OF Z6
b. Emergency vehicles operated for purposes of transporting humans in need of emergency
services;
c. Vehicles operated by the Department; and
d. As specifically allowed by written permit or other permission of Director.
Penalty. A violation of this provision shall be an infraction, the penalty for which shall be
$100.00 plus court costs.
T. Remote-controlled objects. No person shall operate aremote-controlled toy, vehicle, or other
object when other persons are present. A violation of this provision shall be an infraction, the
penalty for which shall be $25.00 plus court costs.
U. Rules and Regulations. No person shall violate any rules and regulations for the use of a park, or
any of its facilities or programs as such are or may be promulgated by the Department, and/or the
Director. A violation of this provision shall be an infraction, the penalty for which shall be $100.00
plus court costs.
V. Signs. Except as otherwise specifically allowed by written authorization of the Director and/or by
pemvt or reservation approved by the Director, no person in any park shall paste, glue, tack or
otherwise post or affix any sign, plaque, advertisement, or inscription, whether temporary or
permanent, to or upon any park real or personal property, facility, or surface. A violation of this
provision shall be an infraction, the penalty for which shall be $25.00 plus court costs. This section
shall not apply to plaques, tablets or signs posted or affixed by the City.
W. Smoking. No person shall light, use, or consume any tobacco product or electronic cigarette in
any City park, provided that this prohibition shall not apply to parking lots in City parks. The
definition of the terms "tobacco product" and "electronic cigarette" shall be as set forth in Idaho
Code section 39-5702. A violation of this provision shall be an infraction, the penalty for which
shall be $50.00 plus court costs.
X. Tennis Courts. No person in any park shall fail to observe and/or violate the rules and policies
regarding the use of such courts as promulgated by the Director. A violation of this provision shall
be an infraction, the penalty for which shall be $25.00 plus court costs.
Y. Thrown objects. No person in any park shall throw, propel, or take part in or abet the playing of
any games involving thrown or otherwise propelled objects such as stones, arrows or javelins
except in areas specifically designated for such forms of recreation. A violation of this provision
shall be an infraction, the penalty for which shall be $100.00 plus court costs.
Z. Trees, shrubbery and vegetation. No person in any park shall damage, cut, carve, transplant or
remove any tree or plant or injure the bark, or pick the flowers or seeds, of any tree or plant. Nor
shall any person attach any rope, wire or other contrivance to any tree or• plant. A person shall not
dig in or otherwise disturb grass areas, or climb trees, or in any other way injure or impair the
natural beauty or usefulness of any area. A violation of this provision shall be an infraction, the
penalty for which shall be $100.00 plus court costs.
AA. Wheeled Devices. No person in any park shall ride or operate a skateboard, roller skates,
scooter, inline skates, bicycle or other wheeled recreation equipment on any ornamental surface,
picnic table, bench, tennis court, fountain area, splash pad, playground equipment, planter,
PARKS AND RECREATION CODE PAGE 12 OF 16
sculpture or other structure unless otherwise specifically designated for such activity. A violation
of this provision shall be an infraction, the penalty for which shall be $100.00 plus court costs.
SECTION 13-2-7: PARK OPERATING POLICY:
A. Hours of operation. Parks shall be open to the public every day of the year from dawn to dusk,
which shall be defined as thirty (30) minutes before sunrise to thirty (30) minutes after sunset.
Visitors and vehicles shall be excluded during the hours of closure except when authorized by
permit, where hours are otherwise posted, or for transit through a park. The Director shall have the
authority to change the hours of any Park by Director's Order.
B. Closed areas. Any section or part of any park may be declared closed to the public by the Director
at any time and for• any interval of time, either temporarily or at regularly and/or stated intervals
and either entirely or merely to certain uses, as the Director shall find reasonably necessary.
Section 13-2-8: DENIAL OR REVOCATION OF PERMITS; APPEAL:
The following provisions shall apply to Short-Term Concessionaire Permits, Park Alcohol Permits, and
Amplified Sound Permits.
A. Written notice of the denial of a permit shall be sent via U.S. mail to the applicant at the address set
forth on the application.
B. The Department shall deny an application for any of these permits where:
1. The application is incomplete or required application materials or fees have not been timely
submitted;
2. Investigation of such application or application materials reveals that provided information is
invalid, false, or incomplete;
3. The proposed activity to be permitted will not be conducted in accordance with all applicable
provisions of law or policy, including, but not limited to, this Chapter; Department Policy;
and/or Director's Order; or
4. The Meridian Police Department recommends denial in order to protect the public health,
safety, or welfare.
C. Appeal of the denial of an application for any of these permits maybe made by the applicant within
fourteen (14) days of the mailing of such denial. Such appeal shall be made in writing, shall state
the reasons for such appeal, and shall be delivered to the City Clerk via U.S. mail or in person.
Upon receipt of such appeal, the City Clerk shall schedule a public hearing on the appeal at a City
Council meeting within thirty (30) days. The City Council's decision on such appeal shall be a
final decision.
D. In addition to any and all other applicable civil or criminal penalties, the Department may revoke
any of these permits where:
1. Any term or condition of the permit is violated by the permittee or by any employee or person
operating or acting under such permit.
2. In the course of operating or acting under such permit, the permittee or any employee or person
operating or• acting under such permit violates a provision of law or policy, including, but not
limited to, this Chapter; Department Policy; and/or Director's Order.
PARIS AND RECREATION CODE PAGE 13 OF SG
3. It is found, after issuance of such permit, that it was issued pursuant to falsified, inaccurate, or
incomplete information on the application therefor.
4. The operation of the permit and/or any component thereof varies materially from the approved
time, place, and manner therefor.
The Department shall notify the permittee of such revocation in writing, and shall mail such notice
to the applicant at the mailing address set forth in the permit application. Such revocation shall be
effective immediately upon mailing by the Department. Appeal of the Department's revocation of
a permit maybe made by the permittee. Such appeal shall be made to the City Council in writing,
shall state the reasons for such appeal, and shall be delivered to the city clerk via U.S. mail or in
person. Upon receipt of such appeal, the City Clerk shall schedule a public hearing on the appeal at
a city council meeting within thirty (30) days. The City Council's decision on such appeal shall be a
final decision.
Section 13-2-9: ENFORCEMENT:
A. Officials. Except where otherwise provided herein, peace officers, the Director, and other duly
authorized representative of the Director shall enforce the provisions of this Chapter.
B. Ejectment. A police officer, the Director or a duly authorized City of Meridian representative,
shall have the authority to eject from the park any person acting in violation of this chapter. Any
person ejected from the park shall leave promptly and peaceably and shall not return to the park for
any reason on the same calendar day of his ejectment. It shall be unlawful for any person ejected
from the pazk to fail to leave promptly and peaceably, or to return to the park on the same calendar
day of his ejectment.
C. Trespass in Parks. It shall be unlawful for any person to enter, remain in, or be present within or
upon the premises of a park or park facility or any portion thereof during the hours when the park
is closed to the public or enters, remains in, or is otherwise present within an area of the pazk
clearly delineated by signs or barriers as temporarily or permanently closed to the public. Trespass
in pazks shall be a misdemeanor.
D. Seizure of Property. A police officer shall have the authority to seize and confiscate any property,
thing or device used in violation of this chapter.
E. Removal of Vehicles. Any vehicle parked in violation of this chapter or Administrative Policy is
subject to removal.
F. Exclusion notice. The Director or designee may, by delivering an exclusion notice in person to the
offender, exclude from a city park anyone who, within a city park, violates any Park rule, any
provision of this chapter; or of Idaho state code. The offender need not be charged, tried, or
convicted of any crime or infraction in order for an exclusion notice to be issued or• effective. The
exclusion maybe based upon observation by the Director or designee or upon the sort of civilian
reports that would ordinarily be relied upon by police officers in the determination of probable
cause.
1. The director or his designee may exclude the offender from the city park in which the current
violation occurred for a period not exceeding seven (7) days from the date of the exclusion
notice.
2. The exclusion notice shall be in writing and shall contain the date of issuance. The exclusion
notice shall specify the length and places of exclusion. It shall be signed by the issuing
PARKS AND RECREATION CODE PACE 14 or 16
individual. Warning of the consequences for failure to comply shall be prominently displayed
on the notice.
3. An offender receiving an exclusion notice may, within two (2) days excluding weekends and
holidays from service or receipt of the exclusion notice, appeal to the city council for the
purpose of having the city council review the exclusion. The notice of appeal shall be filed with
the city clerk. The appeal must be in writing and must set forth the reason why such exclusion
should not be enforced. The exclusion shall be stayed upon filing of a notice of appeal. The
city council shall hear the appeal at the second regular council meeting following the date the
appeal is filed with the city clerk. The city council may uphold the exclusion, overturn the
exclusion, or shorten the length of the exclusion. City Council's decision shall be a final
decision. No determination of facts made by the city council shall have any collateral estoppel
effect on a subsequent criminal prosecution or civil proceeding and shall not preclude litigation
of the same facts in a subsequent criminal prosecution.
4. This section shall be enforced so as to emphasize voluntary compliance with laws and park
rules and in such a way that inadvertent minor violations can be corrected without resort to an
exclusion notice.
Section 13-2-10: PENALTIES:
Except where otherwise provided herein, the violation of any provision of this Chapter, any duly
effectuated Administrative Policy of the Department, or Director's Order, shall be a misdemeanor.
Nothing in this chapter shall be construed as to limit City employees or other authorized persons from
performing their official or City authorized duties.
Section 2. That all ordinances, resolutions, orders, or parts thereof or in conflict with this
ordinance are hereby voided.
Section 3. That this ordinance shall be effective upon its passage and publication.
PASSED by the City Council of the City of Meridian, Idaho this D day of October, 2013.
APPROVED by the Mayor of the City of Meridian, Idaho this day of October, 2013.
APPROVED:
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ATTEST:
PARKS AND RECREATION CODE PAGE 15 OF 16
NOTICE AND PUBLISHED SUMMARY
OF ORDINANCE PURSUANT TO I.C. § 50-901(A)
CITY OF MERIDIAN ORDINANCE N0. 13- i5~q
AN ORDINANCE REPEALING AND REPLACING TITLE 13, CHAPTER 2, REGARDING
PARKS AND RECREATION REGULATIO,~ PROVIDING AN EFFECTIVE DATE.
Ot~lerlCllan
Mayor and City Council
By: Jaycee Holman, City Clerk
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First Reading: ~ 0 - ~ - ~ ~ ~ f f h t z A~
Adopted after first reading by suspension of the Ru e as allowed pursuant to
Idaho Code § 50-902: YES NO r/
Second Reading: r~- $ ~ t 3
Third Reading. ~ 0 - ~ ~ t3
STATEMENT OF MERIDIAN CITY ATTORNEY AS TO
ADEQUACY OF SUMMARY OF ORDINANCE NO. 13- 1519
The undersigned, William L.M. Nary, City Attorney of the City of Meridian, Idaho, hereby certifies
that he is the legal advisor of the City and has reviewed a copy of the attached Ordinance no. l3-
l5~ of the City of Meridian, Idaho, and has found the same to be true and complete and provides
adequate notice to the public pursuant to Idaho Code § 50-901A(3).
DATED this ~ day of ~G-{~~` , 20
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i liam. L.M. Na
City Attorney
PARKS AND RECREATION CODE PAGE 16 OF 16