Ordinance Text

TITLE 3 - LICENSES AND PERMITS

Footnotes:

--- (1) ---

Editor's note— Sec. 1 of Ord. No. 23-2038, adopted October 17, 2023, changed the Title from Business and License Regulations to Licenses and Permits.

License or permit required. No person shall engage in or carry on any trade, business, profession, or activity within the limits of the city for which a license or permit is required by this Title, or by any ordinance of the city, without a current, valid license or permit required for that trade, business, profession, or activity.

Display of invalid license or permit prohibited. No person shall display, wear, or assert the validity of a license or permit required by the City of Meridian where such permit or license has been denied, revoked, expired, or otherwise invalidated.

Penalty. A violation of this section shall be a misdemeanor. Each day or portion of a day during which a violation of this section continues or occurs may be deemed a separate and distinct violation.

(Ord. 09-1421, 7-14-2009; Ord. No. 23-2038, § 3, 10-17-2023)

Determine suitability of applicant. In order to determine an applicant's suitability for the following licenses, the City Clerk, and/or City Clerk's designee, shall require the applicant to, and the applicant shall, furnish to the Idaho State Police a full set of fingerprints:

Mobile sales unit license;

Pawnbroker license;

Pawnbroker license with precious metal endorsement;

Precious metal dealer license; and

Vehicle immobilization license.

The City Clerk and/or designee shall have the Idaho State Police or the Federal Bureau of Investigation perform a criminal background investigation.

Applicant consent required. The City Clerk, and/or City Clerk's designee, 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.

Authorization of FBI National Criminal History Records Checks. The City Clerk, and/or City Clerk's designee, shall require an applicant for a city license to provide information and fingerprints necessary to obtain criminal history information from the Idaho State Police and the Federal Bureau of Investigation. Pursuant to Idaho Code § 67-3008, and Congressional enactment Public Law 92-544, the City Clerk and/or City Clerk's designee, may require the applicant to submit a set of fingerprints for a city license and the required fees to the Idaho State Police, Bureau of Criminal Identification, for a criminal records check of state and national databases. The submission of fingerprints and information required by this section shall be on forms prescribed by the Idaho State Police. The Meridian Police Department is authorized to receive criminal history information from the Idaho State Police and from the Federal Bureau of Investigation for the purpose of evaluating the fitness of applicants for city license, and the Meridian Police Department shall recommend approval and/or denial of the application based on this information and relay that recommendation to the City Clerk's office. As required by state and federal law, further dissemination or other use of the criminal history information is prohibited.

No amendment without FBI approval. This section shall not be amended without prior written approval from the Federal Bureau of Investigation.

(Ord. 19-1820, 4-2-2019)

City Clerk's designee. For purposes of this Title only, any duty imputed to the City Clerk may be fulfilled by the City Clerk's duly authorized designee or designees. Any reference in this chapter to the City Clerk shall also signify a reference to the City Clerk's designee or designees.

Department designee. For purposes of this Title only, any duty imputed to a City department or the director thereof may be fulfilled by such department's or director's duly authorized designee or designees. Any reference in this chapter to a City department or City department director shall also signify a reference to such department's or director's designee or designees.

(Ord. 09-1421, 7-14-2009; Ord. No. 23-2038, § 4, 10-17-2023)

Content of notice. The City Clerk shall notify the permittee of permit issuance, denial, or revocation in writing. Notice of denial or revocation shall include the grounds for such decision, and notice of the right to appeal such decision, if any. No right to appeal shall attach where the grounds for the City Clerk's decision are that the applicant failed to timely submit a complete application.

Effective date. The effective date of the City Clerk's issuance, denial, or revocation of a license or permit shall be the date the City Clerk mails notice of same via U.S. Mail, personally delivers notice of same to the applicant, licensee, or permittee, or e-mails notice of same to the applicant, licensee or permittee.

Address. An applicant's, licensee's, or permittee's mailing address, physical address, or e-mail address, for purpose of receiving notice of issuance, denial, or revocation of a license or permit, or any other notice from the City regarding such license or permit, shall be that provided on the application submitted to the City Clerk. If the applicant's, licensee's, or permittee's mailing address, physical address, or e-mail address changes, it shall be that person's responsibility to provide the current information to the City Clerk.

(Ord. No. 23-2038, § 5, 10-17-2023)

Appeal requirements.

Appeal of a decision of the City Clerk to deny, revoke, or condition a license or permit shall comply in all regards with the following:

The appeal shall be made by the applicant, licensee, or permittee, or such person's attorney.

The appeal shall be delivered to the City Clerk in accordance with the time periods set forth in the applicable provision set forth in this Title.

The appeal shall be delivered to the City Clerk via U.S. mail, e-mail, or in person.

The appeal shall be received by the City Clerk no later than fourteen (14) days following the effective date of the notice of denial, revocation, or issuance of the license or permit.

The appeal shall be in writing.

The appeal shall state the reasons for such appeal.

No person may appeal the action of the City Clerk where the grounds for such action were that the applicant:

Failed to timely submit a complete application;

Failed to timely submit required application materials or fees; or

Is disqualified from holding the license or permit sought due to a criminal conviction, incarceration, or probation or parole violation, under the applicable provisions set forth in this Title.

City Clerk action on conforming appeal. Upon receipt of an appeal that conforms to the appeal requirements set forth in this section, the City Clerk shall schedule the appeal for City Council review at the next City Council meeting at which the matter may be duly noticed.

City Clerk action on defective appeal. If a submitted appeal does not meet the appeal requirements set forth in this section, City Council shall not hear the appeal, and the City Clerk's issuance, denial, or revocation of the license or permit shall be a final decision.

City Council decision. On the date and time duly noticed for an appeal to City Council, the applicant, licensee, or permittee, or such person's attorney, and the City Clerk, may make a brief statement to City Council and/or present records related to the appeal. After consideration of the testimony and records presented, City Council shall either affirm, reverse, or modify the City Clerk's action on the license or permit application. City Council shall reverse or modify the City Clerk's action only where substantial evidence demonstrates that such action was erroneous or violated the procedures set forth in this section. City Council's decision on an appeal filed pursuant to this section shall be a final decision.

(Ord. No. 23-2038, § 5, 10-17-2023)

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, tit. 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.

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.

Sale of liquor allowed. Pursuant to Idaho Code § 23-927(2) it shall be allowed within the City of Meridian to sell liquor by the drink on the following days and times:

Sundays;

Memorial Day;

Thanksgiving Day;

Until 2:00 a.m. daily except for Christmas Day from 2:00 a.m. (December 25) until 10:00 a.m. of the following day (December 26).

Penalty. It shall be unlawful and punishable as a misdemeanor to violate any of the provisions of this chapter.

Severability. If any provision of this section shall be held to be invalid by a court of competent jurisdiction, then such provision shall be considered separately and apart from the remaining provisions of this section, which shall remain in full force and effect.

(Ord. 06-1281, 12-12-2006)

License required. It shall be lawful to sell liquor by the drink within the city, as provided in Idaho Code, tit. 23, ch. 9, provided a license shall first be obtained from the city for the sale of liquor by the drink.

Application for license; fee. An applicant for a liquor by the drink license shall make application to the City Clerk and pay the license fee as set forth in the fee schedule of the City Clerk's office.

Investigation of applicant. The application shall be submitted to the City Clerk or designee for investigation as required by the Idaho and/or Meridian City Code; the application may be issued by the City Clerk or designee, unless otherwise required by law.

Location of license. Each license must be located in a place that has an actual physical street address as issued by the postmaster. There shall not be more than one (1) license issued per actual physical street address. The location and address must be included on the application along with a floor plan of the physical location of the licensed premises. If a second licensed premises is located within, connected, or immediately adjacent to the licensee, a floor plan of the adjacent licensee must also be included distinguishing the separation between the two (2) licensed premises. The final decision to issue the license shall be with the Mayor and City Council.

License transfer; fee. Licenses may be transferred under the provisions of Idaho Code, tit. 23, ch. 9, provided the transferee meets the requirements of a licensee, pays the fee for such transfer as set forth in the fee schedule of the City Clerk's office, and the Mayor and City Council have approved of the transfer of the license.

(Ord. 05-1141, 4-26-2005; Ord. 09-1395, 2-10-2009, eff. 3-2-2009; Ord. 12-1529, 9-25-2012)

License required. It shall be lawful to sell wine within the city, as provided in Idaho Code, tit. 23, ch. 13, provided a license shall first be obtained from the city for the sale of wine.

Application for license; fee. An applicant for a wine license shall make application to the City Clerk and pay the license fee as set forth in the fee schedule of the City Clerk's office.

License transfer; fee. Licenses may be transferred under the provisions of Idaho Code, tit. 23, ch. 13, provided the transferee meets the requirements of a licensee, pays the fee for such transfer as set forth in the fee schedule of the City Clerk's office, and the Mayor and City Council have approved of the transfer of the license.

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; Ord. 09-1395, 2-10-2009, eff. 3-2-2009; Ord. 09-1395, 2-10-2009, eff. 3-2-2009; Ord. 12-1529, 9-25-2012)

License required. It shall be lawful to sell beer within the city, as provided in Idaho Code, tit. 23, ch. 10, provided a license shall first be obtained from the city for the sale of beer.

Application for license; fee. An applicant for a beer license shall make application to the City Clerk and pay the license fee as set forth in the fee schedule of the City Clerk's office.

Transfer of license; fee. Licenses may be transferred under the provisions of Idaho Code, tit. 23, ch. 10, provided the transferee meets the requirements of a licensee, pays the fee for such transfer as set forth in the fee schedule of the City Clerk's office, and the Mayor and City Council have approved of the transfer of the license.

(Ord. 684, 12-20-1994; Ord. 09-1395, 2-10-2009, eff. 3-2-2009; Ord. 12-1529, 9-25-2012)

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)

License required. It shall be unlawful to sell liquor by the drink, beer and wine, or beer, or wine, at a party, festival, convention, or special event within the City of Meridian, without an alcohol beverage catering permit from the City of Meridian.

Application for license; fee. A person holding an Idaho state liquor, beer, or wine license may apply with the City Clerk for a City of Meridian alcohol beverage catering permit by submitting a complete application at least three (3) business days prior to the first day of the party, festival, convention, or special event at which the permit is to be used. Application shall include payment of the permit fee as provided by fee schedule and submission of a completed application form provided by the City Clerk, which form shall include, but not be limited to:

Licensee's name and address as listed on the Idaho state alcohol license; licensee's telephone number, license number and year;

Name of the party, festival, convention or special event at which the permit is to be used, as well as event date(s), hours, address, and expected attendance;

If the location of the event is a building open to the public, the room(s) in which the alcoholic beverages are to be served; and

Name(s), address, and telephone number of the organizer of the event.

Application review. Upon receipt of all application materials required by this subsection, the City Clerk shall refer the application to the Chief of Police and the Chief of Fire, who shall each cause an investigation to determine whether the proposed alcohol beverage catering may be conducted in accordance with all applicable provisions of law. The Chiefs and/or their designees shall endorse upon the application the findings of the investigation, and any conditions sufficient to ensure public safety, and return it to the City Clerk. Upon receipt of the Chiefs' findings, the City Clerk or designee shall either issue a City of Meridian alcohol beverage catering permit to the applicant, with all endorsements and conditions set forth on such permit, or deny the application. The City Clerk shall provide a copy of the issued permit to the applicant, Chief of Police, Chief of Fire, and Director of the Alcohol Beverage Control Division of Idaho State Police.

Permit denial. The City Clerk shall deny an application for a City of Meridian alcohol beverage catering permit where:

The application is incomplete or required application materials or fees have not been timely submitted;

Investigation of such application or application materials reveals that provided information is invalid, false, or incomplete; or

The Police or Fire Chief recommends denial on the grounds that such permit cannot be lawfully issued, or would create or increase the risk of a threat to the public health, safety, or welfare and such risk cannot be mitigated under the circumstances presented in the application.

Where an application for a City of Meridian alcohol beverage catering permit is denied, the City Clerk or designee shall notify the applicant of such denial in writing, which shall include notice of the right to appeal such decision, if any, as set forth in this subsection. There shall be no right to appeal a denial on the grounds that the application is incomplete or required application materials or fees were not timely submitted. Written notice of the denial shall be sent via U.S. mail or personally delivered to the applicant at the address set forth on the application.

Appeal of denial. Appeal of the City Clerk's denial of an application for a City of Meridian alcohol beverage catering permit may be made by the applicant within three (3) days of such issuance or denial, except that there shall be no right to appeal a denial on the grounds that the application is incomplete or required application materials or fees were not timely submitted. 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 the next council meeting at which the appeal can be duly noticed. The City Council's decision on such appeal shall be a final decision.

Revocation of permit. The City Clerk may revoke a City of Meridian alcohol beverage catering permit where:

A term or condition of the license is violated by the permittee;

In the course of serving alcoholic beverages under such permit, the permittee violates a provision of this section or of any other local, state, or federal law;

It is found, after issuance of such permit, that alcoholic beverages cannot be lawfully and safely served under such permit; and/or

It is found, after issuance of such permit, that it was issued pursuant to falsified, inaccurate, or incomplete information on the application.

The City Clerk shall notify the permittee of such revocation in writing, and shall mail such notice to the permittee at the mailing address set forth in the permit application. Such revocation shall be effective immediately upon mailing by the City Clerk. Appeal of the City Clerk's revocation of a City of Meridian alcohol beverage catering permit may be made by the permittee. 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 within five (5) days of such revocation. Upon receipt of such appeal, the City Clerk shall schedule a public hearing on the appeal at the next council meeting at which the appeal can be duly noticed. The City Council's decision on such appeal shall be a final decision.

(Ord. 16-1705, 9-13-2016)

Open container in public. It shall be unlawful for any person to consume any alcoholic beverage or to have in his or her possession any open container of any alcoholic beverage on any public property or property open to the public, including any street, sidewalk, alley, publicly accessible parking lot, or other public or private property open to the public; provided that consumption or possession of an open container of an alcoholic beverage may lawfully occur in such time, place, and manner duly licensed or permitted by the city and other operation of law.

Removal of open container from licensed premises. 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, poolside areas, or similar improved appurtenances in which, or on which, the sale of liquor, wine or beer is authorized by the city.

(Ord. 16-1705, 9-13-2016)

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, tit. 23, as applicable, whichever may be more of a penalty.

(Ord. 16-1705, 9-13-2016)

For the purposes of this chapter, these terms shall be defined as follows:

Immobilize means to impound, incapacitate, or immobilize any vehicle, whether motorized or not, without the permission of the owner or agent of the owner of the vehicle, by the use of any device, wheel clamp, object, barrel, boot, mechanism, or method, whether attached to the vehicle or not, that does not allow the owner of the vehicle, or his or her authorized agent, to freely or lawfully move the vehicle from the place where it is immobilized.

Vehicle immobilization means the impounding, incapacitating, or immobilizing of any vehicle, whether motorized or not, without the permission of the owner or agent of the owner of the vehicle, by the use of any device, wheel clamp, object, barrel, boot, mechanism, or method, whether attached to the vehicle or not, that does not allow the owner of the vehicle, or his or her authorized agent, to freely or lawfully move the vehicle from the place where it is immobilized; the removal of such device; and/or the demand, acceptance, or processing of payment for, or other transaction related to, such actions or services.

Vehicle immobilization device or immobilization device means any device, wheel clamp, object, barrel, boot, mechanism, or method, whether attached to the vehicle or not, used to prevent free or legal movement of the vehicle from the place where it is immobilized.

(Ord. 19-1815A, 3-26-2019, eff. 5-1-2019; Ord. 19-1828, 5-28-2019)

License required. It shall be unlawful for any person to engage in vehicle immobilization unless a valid City of Meridian vehicle immobilization license has been issued as herein provided and said license is in full force and effect.

Application for license. An application for a vehicle immobilization license shall be made to the City Clerk, and shall include a completed application form provided by the City Clerk, which form shall include, but not be limited to:

Applicant's name, physical address, and mailing address.

Applicant's employer's name, physical address, and mailing address.

A description of the services to be offered and/or delivered under the vehicle immobilization license.

A description of any and all motor vehicles to be used to respond to calls for service, including license plate state and number, make, model, color, and identifying logos.

Current schedule of fees charged by applicant or applicant's employer for the release of all vehicles immobilized, printed on company letterhead and signed by the owner of the company.

Copy of the notice that will be attached to vehicles pursuant to the requirements of this chapter.

A comprehensive listing of any and all infraction, misdemeanor and/or felony convictions; probation violations; or forfeitures of bail by or of the applicant.

An agent upon whom service of process may be made in the State of Idaho.

Application fee as set forth in the fee schedule of the City Clerk's office.

10.

One (1) photograph of the applicant. Such photograph shall be two (2) inches by two (2) inches and shall show the head and shoulders of the applicant in a clear and distinguishable manner.

11.

A photocopy of applicant's driver's license or other government issued identification document.

12.

Fingerprints of the applicant, provided to Idaho State Police or the City Clerk's Office, in the form and as required by the City Clerk.

13.

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 vehicle immobilization license. Such insurance shall afford minimum limits of five hundred thousand dollars ($500,000.00) per person bodily injury, five hundred thousand dollars ($500,000.00) per occurrence bodily injury, and one hundred thousand dollars ($100,000.00) per occurrence property damage.

14.

Upon receipt of all application materials required by this subsection, the City Clerk shall refer the application to the Chief of Police, who shall cause an investigation to determine the validity and completeness of the information therein. The Chief of Police or his designee shall endorse upon the application the findings of the investigation and return it to the City Clerk.

15.

Upon receipt of the findings of the Chief of Police or his designee, but no later than thirty (30) calendar days from the date of submission of the completed application and all application materials required by this subsection, the City Clerk shall either issue a City of Meridian vehicle immobilization license to the applicant, or deny the application. Where the City Clerk denies an application, he 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 subsection. Written notice of the denial shall be sent via U.S. mail to the applicant at the address set forth on the application.

Denial. The City Clerk shall deny an application for a vehicle immobilization license where:

The application is incomplete;

The applicant is under eighteen (18) years of age;

Investigation of such application or application materials reveals that provided information is invalid, false, or incomplete; or

Within the five (5) years preceding the date of submission of the application, the applicant has been convicted of, or has completed a sentence of incarceration for, any of the following crimes, or any probation or parole violation related to such conviction:

A violation of any provision of this chapter.

Any misdemeanor charge involving theft or fraud, except that a conviction of, or completion of a sentence of incarceration for, petit theft shall not be grounds for denial.

Any misdemeanor charge of battery, assault, domestic battery or assault, telephone harassment, stalking, or violation of a protective order.

Any misdemeanor charge involving, or related to, a child or children, elderly persons, and/or other vulnerable persons, except that a conviction of, or completion of a sentence of incarceration for, a first offense misdemeanor charge of injury to child shall not be grounds for denial.

Any crime involving, or related to, use of or possession of drugs or illicit substances.

Within the ten (10) years preceding the date of submission of the application, the applicant has been convicted of, or has completed a sentence of incarceration for, any of the following crimes, or any probation or parole violation related to such conviction:

Any felony charge of theft or fraud.

Any felony charge of battery, assault, domestic battery or assault, telephone harassment, stalking, or violation of a protective order.

Any felony crime involving, or related to, a child or children, elderly persons, and/or other vulnerable persons, except that a conviction for a felony sex crime shall disqualify the applicant as set forth below.

At any time preceding the date of submission of the application, the applicant has been convicted of any of the following crimes:

Any charge involving, or related to firearms or other weapons, except that a conviction related to carrying a concealed weapon shall not be grounds for denial.

Any charge involving, or related to a crime against any person, whether minor or adult, involving, or related to, sexual abuse, sexual assault, prostitution, indecent exposure, obscene conduct, or any other sexual conduct or activity.

Murder; manslaughter; rape; kidnapping; robbery; arson; fraud; or manufacturing, delivery, or trafficking drugs or illicit substance(s).

Any crime resulting in the requirement by any law or legal order that the applicant register as a sex offender.

License. The City of Meridian vehicle immobilization license shall include, on its face:

The name of the individual licensed to operate within the City under such license;

The dates during which such license is valid. Unless earlier revoked, such license shall expire three hundred sixty-five (365) days following the date of issuance.

Any conditions of operation that, in addition to those set forth in this chapter, are necessary to protect the public health, safety, and welfare.

Nontransferable. A vehicle immobilization license is not transferable or assignable.

Exceptions. A City of Meridian vehicle immobilization license shall not be required for:

Temporary and necessary actions taken by government authorities for the emergency or public safety needs;

The removal of unlicensed or abandoned vehicles from a street, highway, public or private property in compliance with law; or

A private property owner towing an unauthorized vehicle, or having an unauthorized vehicle towed, in compliance with law.

Revocation. In addition to any and all other applicable civil or criminal penalties, the City Clerk or designee may revoke a City of Meridian vehicle immobilization license where:

The licensee violates any term or condition of the license, or any provision of this chapter or of any other local, state, or federal law.

It is found, after issuance of such license, that it was issued pursuant to falsified, inaccurate, or incomplete information on the application therefor.

The operation under the license varies materially from the description submitted with the application.

The City Clerk shall notify the licensee of such revocation in writing, and shall mail such notice to the applicant at the mailing address set forth in the vehicle immobilization license application. Such revocation shall be effective fourteen (14) days after mailing by the City Clerk.

Appeal. Appeal of the City Clerk's denial of an application for a vehicle immobilization license or revocation of a vehicle immobilization license may be made by the applicant or licensee. 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 within fourteen (14) days of the City Clerk's mailing of such denial or revocation. Upon receipt of such written appeal:

(1)

The City Clerk shall schedule a public hearing on the appeal at a City Council meeting within thirty (30) days; and

(2)

The denial or revocation shall be stayed through City Council's issuance of written findings on such decision.

Following a public hearing on the appeal, City Council shall either affirm or reverse the City Clerk's action and shall issue written findings supporting such decision. If the City Council's decision is to affirm the City Clerk's action, such decision shall be effective immediately. The City Council's decision on such appeal shall be a final decision.

(Ord. 19-1815A, 3-26-2019, eff. 5-1-2019; Ord. No. 20-1898, § 2, 10-13-2020; Ord. No. 25-2080, § 1, 4-22-2025)

Note— This section shall be effective June 1, 2019.

Tow of booted vehicle prohibited. It shall be unlawful for any person to tow or cause to be towed a vehicle that has been immobilized, unless such vehicle has been immobilized for more than twelve (12) hours.

One (1) release fee only. It shall be unlawful to collect more than one (1) release fee per vehicle, even if more than one (1) vehicle immobilization device is attached to such vehicle.

Limitation on fees. No person or entity may charge more than one hundred fifty dollars ($150.00) for the release of an immobilized vehicle and/or the removal of a device used to immobilize a vehicle.

Vehicle identification. All vehicles used by in the course of vehicle immobilization shall identify the licensee as the parking enforcement authority. Logos and lettering shall be visible on both sides of the vehicle, shall be at least three (3) inches in height, and shall be reflective for visibility at night. Lettering shall be of a contrasting color to the primary vehicle color to provide greater visibility.

Carry and display license. Each vehicle immobilization licensee shall carry, visibly display, and present the license when engaged in vehicle immobilization, collection of money, or contact with any person.

Immobilization devices. Any device used in the immobilization of any vehicle shall be in safe and proper working condition.

Immobilization prohibited. Licensee shall not immobilize:

Any police, fire, paramedic, medical, or other emergency vehicle. Upon proof that an unmarked vehicle is used for such purpose the vehicle immobilization unit shall be removed immediately at no charge.

An attended or occupied vehicle without first verbally requesting the occupant remove the vehicle.

A delivery vehicle in service.

Immobilization restricted. Licensee may immobilize the following, but must remain physically present, within thirty (30) feet of the immobilized vehicle, until the vehicle immobilization device is released. Under no circumstances may licensee attach an immobilization device to the following and leave the scene. Licensee shall release the immobilization device immediately if ordered to do so by law enforcement, Fire Department, or other public safety personnel.

A vehicle parked in a fire lane.

A vehicle parked in a parking spot designated for persons with a disability. Upon showing of a disabled parking placard or proof that the driver of the vehicle is momentarily in the space for the purpose of allowing a person with a disability to enter or leave the vehicle, the vehicle immobilization unit shall be removed immediately at no charge.

Notice on immobilized vehicles. Licensee must affix an easily removed notice to the lower driver's side window of each vehicle immobilized, notifying the owner of the vehicle of the following:

Name and employer of person applying the vehicle immobilization device.

The date, time, and reason for the immobilization.

The requirements necessary for the release of vehicle, including cost to release.

Name and telephone number of company or person to contact for the release of the vehicle.

Response upon request for release. All vehicle immobilization licensees shall be available for response to an immobilized vehicle twenty-four (24) hours a day, seven (7) days a week. Licensees shall respond to a call for release of a vehicle within sixty (60) minutes of a request, and must remain at the facility until the immobilization device is removed, unless the vehicle owner refuses to pay the release fee. Licensee may exceed the sixty-minute response requirement if actively engaged in the release of another vehicle. It shall be an affirmative defense for the licensees, employees or agents of the licensee to prove that the delay was caused by the normal operation of the business and not dilatory actions of the licensee.

Signage required. No vehicle shall be immobilized unless a sign meeting the following specifications ordinance are posted in a clearly conspicuous location at each entrance to the property. All signs shall be:

Posted so that the bottom of the sign is at least thirty-six (36) inches, but no more than seventy-two (72) inches off of the ground.

Of the dimension eighteen (18) inches by twenty-four (24) inches.

Reflective, readable, and unobstructed.

White with red lettering at least two (2) inches in height and shall contain all of the following information:

Permit parking only, no parking anytime, no unauthorized or improperly parked vehicles, or other similar prohibition.

Violators will be booted at the owner's expense.

Licensee's name and phone number for release.

Cost to remove vehicle immobilization device.

Forms of payment. Licensee shall accept at least two (2) forms of payment other than cash (for example: debit card, credit card, or check). Licensee shall neither demand nor accept payment in the form of goods, services, or any non-monetary means.

(Ord. 19-1815A, 3-26-2019, eff. 5-1-2019; Ord. No. 22-1983, § 1, 7-19-2022)

It shall be unlawful for any person to:

Engage in vehicle immobilization within Meridian without having first obtained a vehicle immobilization license.

Immobilize a vehicle for breach of a condition not stated in the signage required by this chapter.

Charge a fee for release of an immobilized vehicle in excess of the fee stated in the signage required by this chapter.

Fail or refuse to remove a vehicle immobilization device immediately upon payment of the authorized fee.

Use any device, object, barrel, boot, mechanism, or method that injures or damages a vehicle when installed, removed or while the owner or agent of the owner of the vehicle does not move or attempt to move the vehicle.

Violate or fail to comply with any provision of this chapter.

Damage or destroy any device, object, barrel, boot, mechanism, or method lawfully affixed to a vehicle by a vehicle immobilization licensee for purposes of vehicle immobilization.

(Ord. 19-1815A, 3-26-2019, eff. 5-1-2019)

Note— Subsection A shall be effective June 1, 2019.

Any person, individual, or corporation who shall violate any provision of this chapter shall be guilty of a misdemeanor. Each incident of violation shall be a separate offense and punishable as herein above described.

(Ord. 19-1815A, 3-26-2019, eff. 5-1-2019)

For purposes of this chapter, the following terms shall be defined as follows:

City services means services provided by city employees in the course and scope of their employment for the protection of the public health, safety, or welfare and/or for the maintenance of public property. This definition shall include, but shall not be limited to, property maintenance services provided by employees of the Meridian Parks and Recreation Department, public safety services provided by employees of the Meridian Police Department, and fire protection and medical services provided by employees of the Meridian Fire Department. This definition shall not include services related to permitting, licensing, inspections, reservations, or the provision of services by city contractors.

First Amendment activity means any and all expressive and associative activity that is protected by the United States and Idaho Constitutions, including speech, press, assembly, and/or the right to petition. This definition shall not include activity that damages, harms or injures persons or property.

Garage sale means the sale, offer for sale, offer for trade, offer free of charge, or display for the purpose of selling, trading, or offering, of one (1) or more items of used or unwanted tangible personal property, including, but not limited to: Clothing, household effects, tools, toys, recreation equipment, or other used or secondhand items customarily found in or about the home; where such sale, trade, offer or any portion thereof occurs outdoors or where any goods offered for sale or trade are displayed outdoors; and such sale, trade, offer or any portion thereof occurs at a residence or residential property. This definition shall include yard sales, basement sales, attic sales, moving sales, tag sales, rummage sales, and other such sales known by terms which are synonymous with the term garage sale. This definition shall not include and apply to sales specifically authorized by and conducted in conformity with statute or judicial order or conducted under judicial supervision, including, but not limited to, estate sales.

Goods means tangible personal property, products, produce, food, or merchandise sold, offered for sale, offered for trade, offered free of charge, or displayed for the purpose of selling, trading, or offering. This definition shall also apply to personal property, products, or merchandise that is offered or displayed to be sold, traded, offered, or delivered at another time or location, or that serves as a sample of that to be sold, traded, offered, or delivered at another time or location. This definition shall not include fireworks.

Mobile sales unit means:

A traveling, and/or door to door commercial or retail establishment, enterprise, facility, and/or any agent or representative thereof, from which or whom, at which or whom, or by which or whom goods and/or services are sold, traded, given away; offered for sale, trade, or giveaway; displayed for the purpose of sale, trade, or giveaway; or delivered pursuant to such sale, trade, or giveaway; and which or whom:

Does not remain within any three hundred (300) square foot area for more than two (2) consecutive hours within any twenty-four-hour period; and

Is neither located on the premises of, nor physically attached to, any permanent proprietor, except when parking or stopping temporarily in order to conduct a sale, trade, giveaway, offer, display, or delivery.

A mobile sales unit may travel and/or consist of any form of conveyance or transport, including, but not limited to, by foot, vehicle, trailer, cart, wheeled or other container, or other form of offering, displaying, or storing goods and/or services.

This definition shall not include first amendment activity on public or private property.

This definition shall not include the delivery of goods or services to a residence or place of business pursuant to a sale, trade, giveaway, or order previously transacted or placed with a commercial or retail establishment, enterprise, facility, and/or any agent or representative thereof which is not traveling and/or door to door.

This definition shall not include an "insurance producer", as such term is defined by Idaho Code, where such person holds a current, valid State of Idaho license for such activity.

Organizer means the person who coordinates and/or promotes one (1) or more vendors, activities, and/or venues in order to create or produce an outdoor market or special event, and/or the applicant in whose name a City of Meridian temporary use permit for an outdoor market or special event is held.

Outdoor market means the sale, offer for sale, offer for trade, offer free of charge, or display by any person or persons for the purpose of selling, trading, or offering, of one (1) or more items of produce, food items, arts, crafts, new or used tangible personal property; where such sale, trade, offer or any portion thereof occurs:

Outdoors or where any goods offered for sale or trade are displayed outdoors; and

On public property or on property accessible by the general public; and

Within three hundred (300) feet of any other person or persons selling, trading, or offering one (1) or more items of produce, food items, arts, crafts, new or used tangible personal property.

This definition shall include outdoor farmers' markets, outdoor flea markets, and outdoor arts, crafts, and/or hobby markets. This definition shall not include first amendment activity on public or private property.

Permanent proprietor means the owner or occupant of real property at which such owner or occupant conducts an approved conditional or principal permitted use as such uses are defined in the Meridian Unified Development Code.

Promotional sales unit means an outdoor or open air commercial or retail facility from or at which goods and/or services are sold, traded, offered for sale or trade, or displayed for the purpose of sale, trade, or giveaway; and which:

Remains within any three hundred (300) square foot area for more than two (2) consecutive hours within any twenty-four-hour period; and

Is located on the premises of, or physically attached to, a permanent proprietor; and is operationally related or identical to such permanent proprietor.

A promotional sales unit may consist of any tangible structure, including, but not limited to, a stall, booth, tent, platform, box, table, rack, pallet, trailer, cart, vehicle, container, or other form of offering, displaying, or storing goods and/or services.

Property means any tract of contiguous land held in single ownership.

Services means work or labor that is offered, sold, or undertaken in exchange for money, goods, or services or that is offered or undertaken free of charge. This definition shall also include work or labor that is to be offered, sold, or undertaken at another time or location, or that serves as a sample or demonstration of work or labor to be offered, sold, or undertaken at another time or location.

Special event means:

A planned or foreseeable commercial, recreational, or expressive activity or gathering of persons which:

Changes, attempts to change, or has a tendency to change the typical use of publicly accessible land or facilities, or the normal flow or regulation of pedestrian or vehicular traffic upon or in the streets, sidewalks, or other publicly accessible areas; and

Takes place, whether entirely or partially:

On a street or sidewalk located within the city and will likely result in some or total obstruction of such streets or sidewalks; or

On any other property, whether public or private, but requires for its successful execution the provision and coordination of city services to a degree over and above that which the city normally provides; or

On or in any area open to the public.

Special events may include, but shall not be limited to:

Parade, procession, organized movement, or motorcade, consisting of persons, vehicles, or a combination thereof;

Public assembly, demonstration, march, meeting, parade, protest, rally, or vigil which involves the expression of opinions or grievances of persons for a common purpose;

Performance, presentation, ceremony, concert, or exhibit;

Athletic competition, race, or contest involving sports, games, or exercises; or

Community or neighborhood celebration, gathering, or block party.

Special events shall be classified as a "large scale special event" where:

It is anticipated that five thousand (5,000) or more persons will attend the event; or

Where the event includes a route (e.g., parade, procession, road race, group walk, run, or bike ride) that will close or alter the flow of an arterial or collector street; or

Where three (3) or more of the following factors apply:

It is anticipated that two thousand (2,000) or more persons will attend the event;

Extra duty police officers will be required to staff the event in order to adequately protect public safety, as determined in the discretion of the Chief of Police or his designee (for example: high risk activity, live music or other performance, street closure, traffic increase or pattern change, etc.);

Alcoholic beverages will be served, sold, or permitted at the event; and/or

Structural or electrical permits will be required.

A special event shall be classified as a "historic Meridian special event" where such special event has occurred within Meridian on an annual basis for seventy-five (75) years or more.

The definition of special event shall not include:

An activity held solely on private property not accessible by the general public and which neither requires the provision and coordination of city services to a degree over and above that which the city routinely provides nor compromises the ability of the city to respond to a public safety emergency;

An activity, including First Amendment activity, occurring on streets or sidewalks within the city or in or on city property, where such activity neither results in the obstruction of streets or sidewalks, nor requires the provision and coordination of city services to a degree over and above that which the city routinely provides, nor compromises the ability of the city to respond to a public safety emergency;

Funeral processions; or

Programmed activities provided or managed by the city.

Temporary construction site means activities and uses associated with and incidental to the construction or improvement of a subdivision, structure, road, or parking lot; incidental excavation and roadwork activities; and/or utility installation. This definition shall not include "construction sand and gravel mining" as defined in Title 11 of this Code and/or sale of extracted materials at the extraction site or any other location, nor shall this definition include real estate sales offices or model homes as set forth in this chapter.

Temporary sales unit means an outdoor or open air commercial or retail establishment, enterprise, or facility from or at which goods and/or services are sold, traded, offered for sale or trade, or displayed for the purpose of sale, trade, or giveaway; and which:

Remains within any three hundred (300) square foot area for more than two (2) consecutive hours within any twenty-four-hour period; and

Is not located on the premises of, nor physically attached to, any permanent proprietor.

A temporary sales unit may consist of any tangible structure, including, but not limited to, a stall, booth, tent, platform, box, table, rack, pallet, trailer, cart, vehicle, container, or other form of offering, displaying, or storing goods and/or services. This definition shall not include the sale of fireworks.

Temporary sign means a sign, and/or any device, fixture, placard, or structure which:

Uses any color, form, graphic, illumination, symbol, or writing to identify, promote, advertise, or direct patrons to a temporary use; and

Is not permanently mounted or secured.

This definition shall be limited in its application to temporary signs regarding temporary uses as defined in and regulated by this chapter, and shall not apply to signs defined in and regulated by other provisions of this Code, including, but not limited to, temporary and/or permanent signs regulated by the Meridian Unified Development Code.

Temporary use means the carrying on, for a determinate and transitory period of time, a use of, at, or upon real property, including, but not limited to, the sale, trade, offer, delivery, or display of goods or services, where such use is not the approved conditional or principal permitted use designated for such real property as defined and regulated by the Meridian Unified Development Code. Temporary uses shall include, but shall not be limited to, subdivision model homes, subdivision real estate sales offices, promotional sales units, temporary sales units, special events, outdoor markets, temporary construction sites, and garage sales. The definition of temporary use shall not include city management and/or permitting of city facilities or usages otherwise governed by city ordinance or policy. Any temporary use established or operated within a park or facility operated by the City of Meridian Parks and Recreation Department shall be deemed to be either a special event or outdoor market.

(Ord. 10-1464, 11-3-2010; Ord. 13-1549, 4-23-2013; Ord. 14-1611, 5-21-2014; Ord. 17-1751, 10-17-2017, eff. 11-9-2017; Ord. No. 22-2003, § 6, 11-1-2022)

License and/or permit requirements. It shall be unlawful for any person to operate, allow the operation of, or act as a mobile sales unit without each and all of the following licenses, permits, and/or certifications:

Any and all licenses, permits, and/or certifications required by local, state or federal law.

Any and all licenses, permits, and/or certifications required by the Central District Health Department.

Any and all applicable licenses, permits, inspections, and/or certifications from the Idaho Tax Commission.

Any and all licenses, permits, inspections, and/or certifications required by Title 13 of this Code and/or the policies of the Meridian Parks and Recreation Department.

A City of Meridian mobile sales unit license.

Application for a City of Meridian mobile sales unit license shall be made to the City Clerk, and shall include the following:

(1)

A completed application form provided by the City Clerk, which form shall include:

(A)

Applicant's name, physical address, mailing address, driver's license number, and Social Security number.

(B)

A description of the goods and/or services to be sold, traded, given away, offered, displayed, and/or delivered under the mobile sales unit license.

(C)

A description of the form of conveyance or transport to be used in the mobile sales unit's operation, traveling, and/or conduct of sales, trades, giveaways, offers, displays, and/or deliveries.

(D)

A description of any and all motor vehicles to be used by the mobile sales unit, including license plate state and number, make, model, color, and other means of identification of such vehicle(s).

(E)

A description of the hours, locations, and means at and by which the mobile sales unit will operate, travel, and/or conduct sales, trades, giveaways, offers, displays, and/or deliveries.

(F)

A comprehensive listing of any infraction, misdemeanor and/or felony convictions; probation violations; or forfeitures of bail by or of the applicant.

(G)

An agent upon whom service of process may be made in the State of Idaho.

(2)

Application fee as set forth in the fee schedule of the City Clerk's office, except that no application fee shall apply where applicant is or represents:

(A)

A nonprofit organization exempt from Federal Income Tax under 26 USC Section 501(c); or

(B)

A governmental entity.

(3)

Two (2) photographs of the applicant. Such photographs shall be two (2) inches by two (2) inches and shall show the head and shoulders of the applicant in a clear and distinguishable manner.

(4)

A photocopy of applicant's driver's license or other government issued identification document.

(5)

Fingerprints of the applicant, provide to the Idaho State Police or the City Clerk's Office, in the form and as required by the City Clerk.

(6)

Proof of motor vehicle insurance, if the applicant seeks to operate a motor vehicle while operating or acting as a mobile sales unit.

(7)

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 mobile sales unit license. 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 dollars ($500,000.00) per occurrence bodily injury, and one hundred thousand dollars ($100,000.00) per occurrence property damage.

Upon receipt of the findings of the Chief of Police or his designee, but no later than thirty (30) calendar days from the date of submission of the completed application and all application materials required by this subsection, the City Clerk shall either issue a City of Meridian mobile sales unit license to the applicant or deny the application. Where the City Clerk denies an application for a City of Meridian mobile sales unit license, he 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 subsection. Written notice of the denial shall be sent via U.S. mail to the applicant at the address set forth on the application.

The city clerk shall deny an application for a mobile sales unit license where:

(1)

The application is incomplete or required application materials or fees have not been submitted within thirty (30) days from receipt of a partial application;

(2)

Investigation of such application or application materials reveals that provided information is invalid, false, or incomplete; or

(3)

(A)

A violation of any provision of this chapter.

(B)

Any misdemeanor charge involving theft or fraud, except that a conviction of, or completion of a sentence of incarceration for, petit theft shall not be grounds for denial.

(C)

Any misdemeanor charge of battery, assault, domestic battery or assault, telephone harassment, stalking, or violation of a protective order.

(D)

(E)

Any crime involving, or related to, use of or possession of drugs or illicit substances.

(4)

(A)

Any felony charge of theft or fraud.

(B)

Any felony charge of battery, assault, domestic battery or assault, telephone harassment, stalking, or violation of a protective order.

(C)

(5)

At any time preceding the date of submission of the application, the applicant has been convicted of any of the following crimes:

(A)

Any charge involving, or related to firearms or other weapons, except that a conviction related to carrying a concealed weapon shall not be grounds for denial.

(B)

(C)

Murder; manslaughter; rape; kidnapping; robbery; arson; fraud; or manufacturing, delivery, or trafficking drugs or illicit substance(s).

(D)

Any crime resulting in the requirement by any law or legal order that the applicant register as a sex offender.

Appeal of the City Clerk's issuance or denial of an application for a mobile sales unit license may be made by any person. 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 within fourteen (14) days of such issuance or denial. Upon receipt of such written appeal, the City Clerk shall schedule a public hearing on the appeal at a City Council meeting within thirty (30) days. Following a public hearing on the appeal, City Council shall either affirm or reverse the City Clerk's action and shall issue written findings supporting such decision. The City Council's decision on such appeal shall be a final decision.

The City of Meridian mobile sales unit license shall include, on its face:

(1)

The name of the individual licensed to operate or act as a mobile sales unit within the city under such license;

(2)

A description of the goods and/or services that may be sold, traded, given away, offered, displayed, and/or delivered under such license;

(3)

The hours, locations, and means at and by which the mobile sales unit is licensed to operate, travel, and/or conduct sales, trades, giveaways, offers, displays, and/or deliveries under such license; and

(4)

The dates during which such license is valid. Unless earlier revoked, such license shall expire three hundred sixty-five (365) days following the date of issuance.

A City of Meridian mobile sales unit license shall not be required for:

(1)

First Amendment activity on public or private property.

(2)

A mobile sales unit that is invited to the premises or place at which goods and/or services are sold, traded, given away, offered, displayed, or delivered, where such invitation is extended by the occupant or owner of such premises or place. Such invitation may be extended explicitly by such occupant or owner, or may be extended implicitly by such occupant or owner by such occupant's or owner's transaction of business with such mobile sales unit within the previous three hundred sixty-five (365) days. Such invitation may be revoked by such occupant or owner by explicit communication only, and shall be effective immediately, whether conveyed orally or in writing.

(3)

Any sale, trade, gift, offer, or display required by court order or by law.

(4)

The occasional sale by local school students of admission to a function of their school or of goods or services in support of a school program.

The City Clerk may revoke a mobile sales unit license where:

(1)

A term or condition of the license is violated by the licensee.

(2)

In the course of operating or acting as a mobile sales unit, the licensee violates a provision of this section or of any other local, state, or federal law.

(3)

It is found, after issuance of such license, that it was issued pursuant to falsified, inaccurate, or incomplete information on the application.

(4)

The licensee is convicted of:

(A)

Reckless driving, eluding a police officer, racing, and/or driving under the influence of alcohol, except that such conviction shall not be grounds for revocation where the applicant is not approved to operate a motor vehicle while operating or acting as a mobile sales unit.

(B)

Any charge involving theft or fraud.

(C)

Battery, assault, domestic battery or assault, telephone harassment, stalking, or violation of a protective order.

(D)

Any crime involving, or related to, firearms or other weapons.

(E)

Any crime involving, or related to, a child or children, elderly persons, and/or other vulnerable persons.

(F)

Any crime involving, or related to, prostitution, indecent exposure, obscene conduct, or other sexual conduct or activity.

(G)

Any crime involving, or related to, drugs or illicit substances.

(5)

The licensee is required by any law or legal order to register as a sex offender.

The City Clerk shall notify the licensee of such revocation in writing, and shall mail such notice to the applicant at the mailing address set forth in the mobile sales unit license application. Such revocation shall be effective immediately upon mailing by the City Clerk.

Appeal of the City Clerk's revocation of an application of a mobile sales unit license may be made by the licensee. 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 within fourteen (14) days of such revocation. 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.

Time of operation of mobile sales units.

It shall be unlawful for any person to operate or act as a mobile sales unit at a time of day that is outside the scope of a valid, current mobile sales unit license.

It shall be unlawful for any person to operate or act as a mobile sales unit upon a date that is outside the scope of a valid, current mobile sales unit license.

Place of operation of mobile sales units.

It shall be unlawful for any person to operate or act as a mobile sales unit at a location that is outside the scope of a valid, current mobile sales unit license.

It shall be unlawful for any person to park any vehicle or mode of conveyance utilized in the operation or activity of a mobile sales unit in violation of any generally applicable provision of this code or local, state, or federal law.

It shall be unlawful for any person to operate or act as a mobile sales unit or allow such operation or activity in any area of the city or in any manner prohibited by the Meridian Unified Development Code.

It shall be unlawful for any person to operate or act as a mobile sales unit or allow such operation or activity in or on any city building, or city property other than a city park, without the prior written or recorded consent of City Council.

Manner of operation of mobile sales units.

It shall be unlawful for any person to operate or act as a mobile sales unit if any required license, permit, and/or certification required for such operation or activity is expired or is not valid and current for any reason.

If the mobile sales unit is or utilizes a motor vehicle or other mode of transportation, a valid and current mobile sales unit license shall be exhibited in a conspicuous place on such vehicle or other mode of transportation at all times during such operation or activity. Otherwise, a valid and current mobile sales unit license shall be kept on the licensee's person at all times during such operation or activity and shall be exhibited at any time upon request of any person. It shall be unlawful for any person to operate or act as a mobile sales unit if a mobile sales unit license is not exhibited as required by this subsection.

It shall be unlawful for any person to operate or act as a mobile sales unit where such person is not specifically licensed under a valid, current mobile sales unit license.

It shall be unlawful for any person operating or acting as a mobile sales unit to sell, trade, give away; offer for sale, trade, or giveaway; display goods or services for the purpose of sale, trade, or giveaway; or deliver goods or services pursuant to such sale, trade, or giveaway goods or services that are outside the scope of a valid, current mobile sales unit license.

It shall be unlawful for any person operating or acting as mobile sales unit to operate a musical instrument or amplification device from such mobile sales unit where such music or sound is audible beyond fifty (50) feet of the source of such music or sound.

It shall be unlawful for any person operating or acting as a mobile sales unit to:

Misrepresent his or her purpose or affiliation.

Continue communications with a potential customer regarding a sale, trade, giveaway, or offer thereof after such customer has stated that he or she does not wish to participate in such transaction or further communicate with such mobile sales unit.

Represent the issuance of any license under this section as an endorsement or recommendation of such licensed activity.

Penalty. A violation of any provision of this section shall be a misdemeanor, punishable by such fine and/or imprisonment as established by Idaho Code. In addition to such penalty, any person violating any provision of this section shall be subject to any and all other applicable administrative, criminal, and/or civil penalties. Each day upon which a violation of this section continues or occurs may be deemed a separate and distinct violation.

Enforcement. Peace officers shall be empowered to enforce the provisions of this section. An officer may call upon the services of the planning, fire, parks or other appropriate city departments to assist in the enforcement of the provisions of this section or in an investigation of a suspected violation thereof.

(Ord. 10-1453, 8-17-2010; Ord. 14-1610, 5-21-2014; Ord. No. 20-1898, § 1, 10-13-2020; Ord. No. 25-2080, § 2, 4-22-2025)

It shall be unlawful for any person to establish, operate, allow the operation or establishment of, or act as any temporary use without each and all of the following licenses, permits, and/or certifications, as applicable:

By law. Any and all licenses, permits, and/or certifications required by local, state, or federal law.

By health department. Any and all licenses, permits, and/or certifications required by the Central District Health Department.

By this Code. Any and all licenses, permits, and/or certifications required by Title 10 of this Code.

By Code or policies. Any and all licenses, permits, inspections, and/or certifications required by Title 13 of this Code and/or the policies of the Meridian Parks and Recreation Department.

By Highway District. Written approval of the Ada County Highway District.

Exceptions. A City of Meridian temporary use permit, except that a City of Meridian temporary use permit shall not be required for the following activities, provided that this exception shall not exempt such activities from any other requirements of law: First Amendment activity on public or private property; any sale, trade, gift, offer, or display required by court order or by law; garage sales; temporary construction sites; or fireworks sales.

Application for a City of Meridian temporary use permit shall be made to the City Clerk, and shall include a completed application form provided by the City Clerk, which form shall include, but not be limited to:

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.

The names and addresses of all employees and/or persons who will be establishing, operating, or acting as a temporary use within the city under the temporary use permit. Addresses required by this subsection shall include both local and corporate addresses, and both physical and mailing addresses.

A description of the use, 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 temporary use permit.

A description of any structures that will be used in the course of activities, sales, trades, giveaways, offers, and/or displays under the temporary use permit.

A description of any and all motor vehicles to be used by or in the course of the temporary use, including license plate state and number, make, model, color, and other means of identification of such vehicle(s).

Site plan(s), floor plan(s), and/or map(s), which shall indicate the location(s) of any and all components of the proposed temporary use, including, but not limited to, any and all items listed in this subsection. Where any material change is made to an approved plan prior to or upon setup of the temporary use, an updated plan shall be submitted to the city and approved prior to operation of the use. The plan(s) and/or map(s) shall include, but need not be limited to, the following:

(1)

Structures or tents,

(2)

Displays,

(3)

Goods,

(4)

Vendors,

(5)

Scheduled events,

(6)

Restrooms,

(7)

First aid stations,

(8)

Drinking water sources,

(9)

Garbage receptacles,

(10)

Generators and any other mechanical equipment,

(11)

Cooking equipment,

(12)

Temporary signs,

(13)

Devices of a carnival nature (e.g., pennants, strings of lights, ribbons, streamers, spinners, twirlers, propellers, and bubble machines),

(14)

Entrance/exit drives,

(15)

Areas and surfaces upon which vehicles will be driven,

(16)

Areas and surfaces upon which vehicles will be parked,

(17)

Sediment traps,

(18)

Map of all streets and sidewalks upon which the event will occur, including the route(s) that the event will follow, and/or

(19)

Traffic and pedestrian safety measures to be implemented, including barricades, traffic control equipment, crowd containment equipment, cones, directional signage, etc.

A description of the dimensions, quantity, and locations of any and all temporary signs that will be installed, erected, posted, or displayed for the purpose of identifying, promoting, advertising, or directing patrons to the temporary use.

Permission of owners of property upon which such temporary signs will be installed, erected, posted, or displayed.

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 temporary use permit.

Written permission of owners of all property or properties upon, through, or across which such temporary use shall operate and/or occur.

A description of the plan for the management and/or control of persons and/or crowds at the site(s) of such temporary use, including, but not limited to: The number and qualifications of any security personnel to be deployed; defensive and offensive equipment and/or techniques to be utilized by or available to such security personnel, including vehicles, weapons, and/or barriers; the method(s) by which persons or crowds will be moved, dispersed, and/or evacuated in the normal course of the temporary use and/or in case of emergency; and the method(s) by which information will be relayed to persons and crowds at the site(s) of such temporary use in case of emergency.

The plan for cleanup, teardown, and/or removal of the temporary use and the site(s) upon which it occurs or is operated, including, but not limited to, the removal of any and all: structures, displays, restrooms, temporary signs, garbage, litter, temporary ground cover, straw, and hazardous materials. Sediment traps may remain in place.

An agent upon whom service of process may be made in the State of Idaho.

Application fee as set forth in the fee schedule of the City Clerk's office, except that no application fee shall apply:

(1)

Where applicant is or represents a nonprofit organization exempt from Federal Income Tax under 26 USC section 501(c);

(2)

Where applicant is or represents a governmental entity; or

(3)

Where applicant is seeking a temporary use permit for a temporary sales unit for the purpose of conducting fundraising activities for a school or youth organization.

Upon receipt of all application materials required by this subsection, the City Clerk or designee shall determine, and shall endorse upon the application findings and determinations regarding:

The validity and completeness of the information therein;

Whether the proposed temporary use may be conducted in accordance with all applicable provisions of law, including, but not limited to, this section; and

Whether a violation of the Meridian Unified Development Code or of this section is occurring upon the property upon which such proposed temporary use will occur.

Upon issuance of the findings, the City Clerk or designee shall either issue a City of Meridian temporary use permit to the applicant or deny the application. Where an application for a City of Meridian temporary use permit is denied, the City Clerk or designee shall notify the applicant of such denial in writing, which shall include notice of the right to appeal such decision, if any, as set forth in this subsection. Written notice of the denial shall be sent via U.S. mail or personally delivered to the applicant at the address set forth on the application.

The City Clerk shall deny an application for a temporary use permit where:

The application is incomplete or required application materials or fees have not been timely submitted;

Investigation of such application or application materials reveals that provided information is invalid, false, or incomplete;

The proposed temporary use will not be conducted in accordance with all applicable provisions of law, including, but not limited to, this section;

A violation of the Meridian Unified Development Code or of this section is occurring upon the property upon which such proposed temporary use is proposed to occur;

The applicant has been convicted of a violation of any provision of this section within the five (5) years preceding the date of submission of the application;

The applicant has an outstanding balance due and owing to the City of Meridian; or

The applicant has violated a provision of a prior special event agreement duly executed between the applicant and City within the five (5) years preceding the date of submission of the application.

The City Clerk or designee shall issue or deny temporary use permit within twenty-one (21) calendar days of receipt of a complete application for such permit.

Appeal of the City Clerk's issuance or denial of an application for a temporary use permit may be made by the applicant within fourteen (14) days of such issuance or denial, except that there shall be no right to appeal a denial on the grounds that the application is incomplete or required application materials or fees were not timely submitted. 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.

The City of Meridian temporary use permit shall include, on its face:

The name(s) of the permittee and any employees and/or persons permitted to operate or carry on a temporary use within the City under such permit;

The time(s), date(s), place(s), and manner at and by which the temporary use is permitted to occur;

A description of the structure(s) that may be erected under such permit;

A description of the caretaker unit that may be utilized for the purposes of security and maintenance of the site, if any;

A description of the permitted dimensions, quantity, and locations of any and all temporary signs that may be installed, erected, posted, or displayed for the purpose of identifying, promoting, advertising, or directing patrons to the permitted temporary use; and

Any and all other conditions of operation that are necessary to protect the public health, safety, and welfare and mitigate effects on surrounding property, including, but not limited to, effects of traffic, parking, noise, vibration, odor, light, glare, distraction to motorists, and/or dust.

In addition to any and all other applicable civil or criminal penalties, the City Clerk or her designee may revoke a City of Meridian temporary use permit where:

Any term or condition of the permit is violated by the permittee or by any employee or person operating or acting under such permit.

In the course of operating a temporary use, the permittee or any employee or person operating or acting under such permit violates a provision of this section or of any other local, state, or federal law.

It is found, after issuance of such permit, that it was issued pursuant to falsified, inaccurate, or incomplete information on the application therefor.

The site, setup, and/or operation of the temporary use and/or any component thereof varies materially from the approved site plan.

Where a structural, mechanical, electrical, or plumbing permit and/or inspection is required as a condition of the temporary use permit approval and such permit was not issued or such inspection not passed.

The City Clerk 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 temporary use permit application. Such revocation shall be effective immediately upon mailing by the City Clerk.

Appeal of the City Clerk's revocation of an application of a temporary use permit may be 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.

Penalty. A violation of this section shall be an infraction punishable by a penalty of one hundred dollars ($100.00). In addition to such penalty, any person violating, allowing, or causing any provision of this section shall be subject to any and all other applicable administrative, criminal, and/or civil penalties. Each day upon which a violation of this section occurs and/or continues may be deemed a separate and distinct violation.

Enforcement. Peace officers and/or Code Enforcement Officers shall be empowered to enforce the provisions of this section. An officer may call upon the services of the Planning, Fire, Parks and Recreation or other appropriate City Departments to assist in the enforcement of the provisions of this section. An officer may investigate any use or activity which he or she reasonably believes violates the provisions of this section. If an officer reasonably believes that a provision of this section has been violated, the officer may issue a citation to the person responsible for the violation or upon the owner or lawful possessor of the real property at or upon which the violation occurred. Such citation shall be served in accordance with the provisions of the Idaho Infraction Rules, which are incorporated herein by this reference.

(Ord. 17-1751, 10-17-2017, eff. 11-9-2017)

The following regulations on the time, place, and manner of temporary uses shall apply generally to any and all temporary uses:

Failure to obtain temporary use permit. It shall be unlawful to operate or to allow or cause the operation or occurrence of a temporary use requiring a temporary use permit without first obtaining a City of Meridian temporary use permit.

Compliance with temporary use permit. It shall be unlawful for any permittee or any employee or person acting under a temporary use permit to violate or fail to comply with any term, condition, or standard set forth in such City of Meridian temporary use permit.

Time of use. It shall be unlawful to operate or to allow or cause the operation or occurrence of a temporary use requiring a City of Meridian temporary use permit at any time or upon any date other than that designated in a valid City of Meridian temporary use permit.

Place of use. It shall be unlawful to operate or to allow or cause the operation or occurrence of a temporary use requiring a City of Meridian temporary use permit at any place other than that designated in a valid City of Meridian temporary use permit.

Manner of use. It shall be unlawful to operate or to allow or cause the operation or occurrence of a temporary use requiring a City of Meridian temporary use permit in any manner other than that designated in a valid City of Meridian temporary use permit.

Parking, driving, and access. Any person operating or causing the operation of any temporary use, whether or not a City of Meridian temporary use permit is required for such temporary use, shall:

Provide adequate off-street parking to serve such temporary use. No temporary use shall displace the required off street parking spaces or loading areas of the principal permitted uses or other permitted temporary uses on the site, except where street closure is approved pursuant to a validly issued City of Meridian temporary use permit.

Prohibit and prevent the operation and/or parking of vehicles on combustible surfaces or materials.

Provide driving and/or parking surfaces that are designed to prevent traffic hazards and nuisances.

Between June 1 and October 31, inclusive, operate, park, or allow the operation or parking of motorized vehicles only on surfaces composed of one (1) of the following materials:

Concrete.

Asphalt.

Grasscrete.

Pavers.

Bricks.

Macadam.

Natural turf.

Recycled asphalt, where such material is approved for the site's principal permitted use by a certificate of zoning compliance validly issued by the City of Meridian.

Gravel or soil treated with environmentally safe chemical soil stabilizer or chemical dust suppressant.

Between November 1 and May 31, inclusive, operate, park, and/or allow the operation or parking of motorized vehicles only on surfaces composed of one (1) of the following materials:

Concrete.

Asphalt.

Grasscrete.

Pavers.

Bricks.

Macadam.

Recycled asphalt, only where such material is approved for the site's principal permitted use by a certificate of zoning compliance validly issued by the City of Meridian.

Natural turf, gravel, or soil, only where all entrance and exit drives to the site are either paved or include sediment traps at each and every transition between paved to unpaved surfaces that meet the following standards:

(1)

Each sediment trap shall be constructed and maintained in a manner that effectively prevents tracking and/or flow of mud, soil, and/or sediment onto public rights-of-way. It shall be unlawful to allow mud or soil to be tracked or to flow onto public rights-of-way from the site of a temporary use.

(2)

Each sediment trap shall extend the full width of the entrance and/or exit drive.

(3)

Each sediment trap shall be a minimum length of thirty (30) feet.

(4)

Each sediment trap shall include a six-inch base layer of fractured stone over the entire width and length of the sediment trap.

Vision triangle. It shall be unlawful for any person operating or causing or allowing the operation of any temporary use to cause or allow structures, signs, merchandise, or any other material utilized in the operation or occurrence of such temporary use, whether or not a City of Meridian temporary use permit is required for such temporary use, to interfere with the clear vision triangle.

Right-of-way. It shall be unlawful for any person operating or causing or allowing the operation of any temporary use to operate or cause or allow the operation or occurrence of any temporary use within the public right-of-way, unless otherwise authorized by a validly issued City of Meridian temporary use permit.

Required buffer landscape areas. Unless otherwise approved, it shall be unlawful for any person to operate or cause or allow the operation or occurrence of any temporary use, whether or not a City of Meridian temporary use permit is required for such temporary use, within required street buffer for arterial and collector roadways and/or land use buffer landscape areas.

Structures. It shall be unlawful for any person operating or causing or allowing the operation of any temporary use, whether or not a City of Meridian temporary use permit is required for such temporary use, to:

Construct or cause the construction of any permanent structure.

Place, construct, or cause or allow the placement or construction of any structure that would not otherwise be permitted by a generally applicable provision of law or City Code.

Fail to remove a structure utilized in the operation of such temporary use at the end of the time period allowed by a City of Meridian temporary use permit or by other law.

Place, construct, or cause or allow the placement of structures utilized in the operation or occurrence of any temporary use within the required setback, required land use buffer, and/or the required street buffer for arterial and collector roadways.

Caretaker unit. It shall be unlawful for any person operating or causing or allowing the operation of any temporary use, whether or not a City of Meridian temporary use permit is required for such temporary use, to:

Establish and/or utilize more than one (1) caretaker unit.

Establish and/or utilize a caretaker unit for purposes other than site security or maintenance.

Fail to remove any caretaker unit at the end of the time period allowed by a City of Meridian temporary use permit or by law.

Noise. It shall be unlawful for any person operating or causing or allowing the operation of any temporary use to fail to shield compressors, fans, pumps, or other motorized equipment in a manner that minimizes noise levels to adjoining properties. It shall be unlawful for any person operating or causing or allowing the operation of any temporary use, whether or not a City of Meridian temporary use permit is required for such temporary use, to locate or operate a compressor, fan, pump, or other motorized equipment within one hundred (100) feet of a residential district.

Site conditions. It shall be unlawful for any person operating or causing or allowing the operation of any temporary use to operate or conduct such temporary use in a manner that fails to provide for waste collection and disposal, including, but not limited to, debris, garbage, food or organic products, hazardous or toxic materials or byproducts, and signs. It shall be unlawful for any person operating or causing or allowing the operation of any temporary use, whether or not a City of Meridian temporary use permit is required for such temporary use, to fail to remove waste from any temporary use site.

Unobstructed sidewalk. Where a sidewalk or pedestrianway is obstructed in the course of the conduct of a temporary use, a minimum width of four (4) feet of such sidewalk or pedestrianway shall remain unobstructed. Where the conduct of a temporary use obstructs a sidewalk or pedestrianway, it shall be unlawful for any person operating or causing or allowing the operation of such temporary use to fail to ensure that a minimum width of four (4) feet of such sidewalk or pedestrianway remains unobstructed.

Enforcement. Peace officers and/or Code Enforcement Officers shall be empowered to enforce the provisions of this section. An officer may call upon the services of the planning, fire, parks and recreation or other appropriate city departments to assist in the enforcement of the provisions of this section. An officer may investigate any use or activity which he or she reasonably believes violates the provisions of this section. If an officer reasonably believes that a provision of this section has been violated, the officer may issue a citation to the person responsible for the violation or upon the owner or lawful possessor of the real property at or upon which the violation occurred. Such citation shall be served in accordance with the provisions of the Idaho Infraction Rules, which are incorporated herein by this reference.

(Ord. 17-1751, 10-17-2017, eff. 11-9-2017)

In addition to the standards for all temporary uses as set forth above, the following standards for time, place, and manner of operation or occurrence of special events shall also apply:

Application deadline. A complete application for a temporary use permit for a special event shall be submitted to the City Clerk at least thirty (30) days prior to the first day of the proposed special event, provided that an application for a temporary use permit for a large scale special event shall be submitted at least sixty (60) calendar days prior to the first day of the proposed large scale special event.

Application materials. It shall be unlawful for an organizer of a special event, or any person, to conduct, allow, organize, or cause to be conducted or organized a special event without the following:

A City of Meridian temporary use permit.

Written approval of the Ada County Highway District.

Any and all applicable licenses, permits, inspections, and/or certifications from the Central District Health Department.

Any and all applicable licenses, permits, inspections, and/or certifications from the Idaho Tax Commission.

Any and all licenses, permits, inspections, and/or certifications required by this Title, including, but not limited to: server training certification.

Any and all licenses, permits, inspections, and/or certifications required by Title 10 of this Code.

Any and all licenses, permits, inspections, and/or certifications required by Title 13 of this Code and/or the policies of the Meridian Parks and Recreation Department.

Written consent of the owner(s) of any and all property or properties on which the special event is to occur.

Proof of an insurance policy, issued by an insurance company licensed to do business in Idaho, protecting the applicant and/or any employees and/or agents thereof from all claims for damages to property and bodily injury, including death, which may arise from operations under or in connection with the special event. 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 dollars ($500,000.00) per occurrence bodily injury, and five hundred thousand dollars ($500,000.00) per occurrence property damage, provided that the minimum limits for large scale special events shall be as set forth below.

No provision of this subsection shall preclude the application of any and all other licensing and/or other applicable provisions of local, state, or federal law to any special event organizer, nor exempt any vendor or participant in a special event from compliance with any and all other licensing or other applicable provisions of local, state, or federal law, except that where a special event includes vendors or participants that would otherwise require City of Meridian licenses or permits to operate as mobile sales units or temporary sales units, such vendors and/or participants shall be exempt from such requirement, provided that this exemption shall apply only to vendors and/or participants represented on the site plan(s) or map(s) submitted by the organizer; and further provided that such exemption shall apply only for the time, at the place, and in the manner specified for such special event in a validly issued City of Meridian temporary use permit.

Term of use. Special events shall be allowed for a period not to exceed fourteen (14) days within any ninety-day period.

Zoning restrictions. It shall be unlawful for any person to conduct, allow, or organize a special event in a residential district, except that:

Neighborhood events or block parties shall be permitted in residential districts with a temporary use permit.

Special events involving a route, such as races, parades, or marches may be permitted in residential districts with a temporary use permit.

A special event that takes place upon a property with an allowed nonresidential use may be permitted.

Signs. The following provisions shall apply to any and all temporary signs related to a special event:

It shall be unlawful for any person to install, erect, post, or display or to allow or cause the installation, erection, posting, or display of a temporary sign or temporary signs where the quantity or dimensions thereof exceed the limitations set forth in this subsection. No more than two hundred (200) temporary signs with an area not to exceed six (6) square feet shall be installed, erected, posted, or displayed for the purpose of identifying, promoting, advertising, or directing patrons to a special event. No more than twelve (12) temporary signs with an area not to exceed thirty-two (32) square feet shall be installed, erected, posted, or displayed for the purpose of identifying, promoting, advertising, or directing patrons to a special event.

It shall be unlawful for any person to install, erect, post, or display or to allow or cause the installation, erection, posting, or display of any temporary sign identifying, promoting, advertising, or directing patrons to a special event upon any property without the permission of the owner of such property.

Any and all temporary signs identifying, promoting, advertising, or directing patrons to a special event shall be removed within twenty-four (24) hours of the conclusion or close of such special event.

Additional specific standards for large scale special events.

Preapplication meeting. At least fourteen (14) days prior to submission of an application for a temporary use permit for a large scale special event, the organizer of a large scale special event shall request and attend a preapplication meeting with City staff to identify and address potential hazards presented by such event to public health, safety, and convenience. Upon request by the applicant, the City Clerk or designee shall schedule such meeting, which may include, as necessary, City staff from the Police Department, Fire Department, Parks and Recreation Department, City Attorney's Office, and/or other departments.

Application deadline. A complete application for a temporary use permit for a large-scale special event shall be submitted to the City Clerk at least sixty (60) days prior to the first day of the proposed special event.

Application materials. It shall be unlawful for an organizer of a large-scale special event, or any person, to conduct, allow, organize, or cause to be conducted or organized a large-scale special event without the following:

Proof of an insurance policy, issued by an insurance company licensed to do business in Idaho, protecting the applicant and/or any employees and/or agents thereof from all claims for damages to property and bodily injury, including death, which may arise from operations under or in connection with the large scale special event. 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 one million dollars ($1,000,000.00) per person bodily injury, one million dollars ($1,000,000.00) per occurrence bodily injury, and one million dollars ($1,000,000.00) per occurrence property damage.

Where required by city, a mutually negotiated and agreed upon special event agreement with the city to establish the terms and conditions of any city services or property to be used, whether as required by this chapter or at such organizer's election, including estimated payment due for all city services provided or necessary to support the event. city may provide city services necessary to support historic Meridian special events at no or reduced charge to organizer, as established by written agreement, where the provision of such services is deemed feasible and appropriate in the discretion of the respective department director(s). Notwithstanding the execution of such contract, all provisions of this chapter, including penalties for noncompliance, shall apply, in addition to any remedies set forth in such contract.

Unauthorized vendors. It shall be unlawful for any person to operate as a mobile sales unit or operate any other temporary use at a special event or large-scale special event, or within the site or route approved under a City of Meridian temporary use permit for a special event, without authorization from the event organizer.

(Ord. 17-1751, 10-17-2017, eff. 11-9-2017)

In addition to the standards for all temporary uses as set forth above, the following standards for time, place, and manner of operation or occurrence of promotional sales units shall also apply:

Licenses, permits, and certificates. The operation of a promotional sales unit without the following valid and current licenses, permits, and/or certifications shall be a violation of this section:

A City of Meridian temporary use permit.

Any and all applicable licenses, permits, and/or certifications from the Central District Health Department.

Any and all licenses, permits, and/or certifications required by Title 10 of this Code.

Location. It shall be unlawful to operate or cause the operation of a promotional sales unit in a residential district.

Directly associated with principal use. Only a promotional sales unit directly associated with the principally permitted use on the site on which it is located shall be allowed; for example, a sidewalk sale or tent sales associated with an existing retail establishment shall be allowed. It shall be unlawful to operate a promotional sales unit at any place or in any manner that is not directly associated with the principally permitted use on the site on which such promotional sales unit is located.

Vehicular and pedestrian access. A promotional sales unit and the property on or at which it is located shall comply with the standards for vehicular and pedestrian access as determined by the Ada County Highway District or other transportation authority.

Signs. The following provisions shall apply to any and all temporary signs related to a promotional sales unit:

No more than two (2) temporary signs per one (1) promotional sales unit shall be installed, erected, posted, or displayed for the purpose of identifying, promoting, advertising, or directing patrons to such promotional sales unit. It shall be unlawful for any person to install, erect, post, or display or to allow or cause the installation, erection, posting, or display of more than two (2) temporary signs per one (1) promotional sales unit identifying, promoting, advertising, or directing patrons to such promotional sales unit.

The area of any temporary sign installed, erected, posted, or displayed for the purpose of identifying, promoting, advertising, or directing patrons to a promotional sales unit shall not exceed thirty-two (32) square feet. It shall be unlawful for any person to install, erect, post, or display or to allow or cause the installation, erection, posting, or display of a temporary sign identifying, promoting, advertising, or directing patrons to a promotional sales unit where the area of such temporary sign exceeds thirty-two (32) square feet.

It shall be unlawful for any person to install, erect, post, or display or to allow or cause the installation, erection, posting, or display of any temporary sign identifying, promoting, advertising, or directing patrons to a promotional sales unit upon any property other than that property upon which the promotional sales unit is located.

Any and all temporary signs identifying, promoting, advertising, or directing patrons to a promotional sales unit shall be removed within twenty-four (24) hours of the conclusion of such temporary use.

Time period. Promotional sales units shall be limited to a period of time not to exceed one hundred sixty (160) days, whether such days are consecutive or not, per property, per calendar year. The location of a promotional sales unit on a site for any portion of a day, whether or not the permanent proprietor is open for business, shall constitute one (1) day for purposes of this subsection.

(Ord. 17-1751, 10-17-2017, eff. 11-9-2017; Ord. No. 22-2003, § 7, 11-1-2022)

In addition to the standards for all temporary uses as set forth above, the following standards for time, place, and manner of operation or occurrence of temporary sales units shall also apply:

Licenses, permits, and certificates. The operation of a temporary sales unit shall be unlawful without the following valid and current licenses, permits, and/or certifications:

A City of Meridian temporary use permit.

Any and all applicable licenses, permits, and/or certifications from the Central District Health Department.

Any and all applicable licenses, permits, inspections, and/or certifications from the Idaho Tax Commission.

Any and all licenses, permits, and/or certifications required by Title 10 of this Code.

Written consent of the owner of the property on which the temporary sales unit is to be located.

Location. It shall be unlawful to operate or cause the operation of a temporary sales unit in a residential district.

Time period. Temporary sales units shall be limited to a period of time not to exceed one hundred twenty (120) days, whether such days are consecutive or not, per property, per calendar year. The location of a temporary sales unit on a site for any portion of a day, whether or not the temporary sales unit is open for business, shall constitute one (1) day for purposes of this subsection.

Structure. Temporary sales units may utilize no more than one (1) structure. Such structure shall not exceed seven hundred (700) square feet. It shall be unlawful to utilize more than one (1) structure in the operation of a temporary sales unit. It shall be unlawful for any structure utilized in the operation of a temporary sales unit to be more than seven hundred (700) square feet. It shall be unlawful to utilize any structure in the operation of a temporary sales unit without any and all licenses, permits, and/or certifications required by Title 10 of this Code.

Vehicular and pedestrian access. A temporary sales unit and the property on or at which it is located shall comply with the standards for vehicular and pedestrian access as determined by the Ada County Highway District or other transportation authority.

Signs. The following provisions shall apply to any and all temporary signs related to a temporary sales unit:

No more than two (2) temporary signs per one (1) temporary sales unit shall be installed, erected, posted, or displayed for the purpose of identifying, promoting, advertising, or directing patrons to such temporary sales unit. It shall be unlawful for any person to install, erect, post, or display or to allow or cause the installation, erection, posting, or display of more than two (2) temporary signs per one (1) temporary sales unit identifying, promoting, advertising, or directing patrons to such temporary sales unit.

The area of any temporary sign installed, erected, posted, or displayed for the purpose of identifying, promoting, advertising, or directing patrons to a temporary sales unit shall not exceed sixteen (16) square feet. It shall be unlawful for any person to install, erect, post, or display or to allow or cause the installation, erection, posting, or display of a temporary sign identifying, promoting, advertising, or directing patrons to a temporary sales unit where the area of such temporary sign exceeds sixteen (16) square feet.

It shall be unlawful for any person to install, erect, post, or display or to allow or cause the installation, erection, posting, or display of any temporary sign identifying, promoting, advertising, or directing patrons to a temporary sales unit upon any property other than that property upon which the temporary sales unit is located.

Any and all temporary signs identifying, promoting, advertising, or directing patrons to a temporary sales unit shall be removed within twenty-our (24) hours of the conclusion or close of such temporary use.

(Ord. 17-1751, 10-17-2017, eff. 11-9-2017)

In addition to the standards for all temporary uses as set forth above, the following standards for time, place, and manner of operation or occurrence of outdoor markets shall also apply:

Licenses, permits, and certificates. It shall be unlawful for an organizer of an outdoor market, or any person, to conduct, allow, organize, advertise, promote, or cause to be advertised or promoted an outdoor market without the following valid and current licenses, permits, and/or certifications:

A City of Meridian temporary use permit.

Any and all applicable licenses, permits, inspections, and/or certifications from the Central District Health Department.

Any and all applicable licenses, permits, inspections, and/or certifications from the Idaho Tax Commission.

Any and all licenses, permits, and/or certifications required by Title 10 of this Code.

Any and all licenses, permits, inspections, and/or certifications required by Title 13 of this Code and/or the policies of the Meridian Parks and Recreation Department.

Written consent of the owner of the property on which the outdoor market is to be located.

Proof of an insurance policy, issued by an insurance company licensed to do business in Idaho, protecting the applicant and/or any employees and/or agents thereof from all claims for damages to property and bodily injury, including death, which may arise from operations under or in connection with the outdoor market. 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 dollars ($500,000.00) per occurrence bodily injury, and five hundred thousand dollars ($500,000.00) per occurrence property damage.

Residential districts. It shall be unlawful for any person to conduct, allow, or organize an outdoor market in a residential district.

Nonresidential districts. Outdoor markets shall be allowed in any nonresidential district on one (1) day per week. It shall be unlawful for any person to conduct, allow, or organize an outdoor market on more than one (1) day per week.

Other applicable laws. No provision of this subsection shall preclude the application of any and all other licensing and/or other applicable provisions of local, state, or federal law to any outdoor market organizer, nor exempt any vendor or participant in an outdoor market from compliance with any and all other licensing or other applicable provisions of local, state, or federal law, except that where an outdoor market includes vendors or participants that would otherwise require City of Meridian licenses or permits to operate as mobile sales units or temporary sales units, such vendors and/or participants shall be exempt from such requirement, provided that this exemption shall apply only to vendors and/or participants represented on the site plan(s) or map(s) submitted by the organizer; and further provided that such exemption shall apply only for the time, at the place, and in the manner specified for such outdoor market in a validly issued City of Meridian temporary use permit.

Signs. The following provisions shall apply to any and all temporary signs related to an outdoor market:

It shall be unlawful for any person to install, erect, post, or display or to allow or cause the installation, erection, posting, or display of a temporary sign or temporary signs where the quantity or dimensions thereof exceed the limitations set forth in this subsection. No more than ten (10) temporary signs with an area not to exceed six (6) square feet shall be installed, erected, posted, or displayed for the purpose of identifying, promoting, advertising, or directing patrons to an outdoor market. No more than four (4) temporary signs with an area not to exceed thirty-two (32) square feet shall be installed, erected, posted, or displayed for the purpose of identifying, promoting, advertising, or directing patrons to an outdoor market.

It shall be unlawful for any person to install, erect, post, or display or to allow or cause the installation, erection, posting, or display of any temporary sign identifying, promoting, advertising, or directing patrons to an outdoor market upon any property without the permission of the owner of such property.

Any and all temporary signs identifying, promoting, advertising, or directing patrons to an outdoor market shall be removed within twenty-four (24) hours of the close of such outdoor market.

Unauthorized vendors. It shall be unlawful for any person to operate as a mobile sales unit or operate any other temporary use at an outdoor market, or within the site approved under a City of Meridian temporary use permit for an outdoor market, without authorization from the outdoor market organizer.

(Ord. 17-1751, 10-17-2017, eff. 11-9-2017)

Editor's note— Sec. 8 of Ord. No. 22-2003, adopted November 1, 2022, repealed § 3-4-9, which pertained to temporary uses—Standards for subdivision model homes, and derived from Ord. No. 17-1751, adopted October 17, 2017.

Editor's note— Sec. 9 of Ord. No. 22-2003, adopted November 1, 2022, repealed § 3-4-10, which pertained to temporary uses—Standards for subdivision real estate sales offices, and derived from Ord. No. 17-1751, adopted October 17, 2017.

The following standards shall apply to the time, place, and manner of operation or occurrence of garage, yard and similar sales:

Compliance with standards and laws. Garage sale operators shall comply with the standards for all temporary uses as set forth above, all provisions and standards of this chapter and any and all applicable provisions of law, except that a City of Meridian temporary use permit shall not be required, and the provisions of subsection 3-4-4.F of this chapter shall not apply.

Violation. It shall be unlawful for any person to conduct a garage sale at any one (1) address:

At which four (4) or more garage sales have been conducted by any person within the current calendar year.

At which a garage sale has been conducted by any person within the previous thirty (30) days.

For longer than three (3) consecutive days.

Between the hours of 10:00 p.m. and 6:00 a.m.

Compliance. Persons conducting garage sales shall comply with all provisions of this chapter and any and all applicable provisions of law.

Association with residence. All garage sales shall be directly associated with a residence on the site of such garage sale. It shall be unlawful for any person to hold a garage sale on or at any vacant or unoccupied property and/or building, except where facts exist to support the affirmative defense that such person:

Is the owner of record of such property and/or building; or

Prior to such garage sale, has obtained written permission of the owner of such property and/or building for the garage sale, which permission shall include the scope of such permission, including specific reference to the date(s), address, and location of the garage sale; and the owner's signature and date.

Proof of exemption. Any person claiming exemption under this subsection shall bear the burden of proving that such exception applies.

Charitable organizations. Garage sales held by or for the benefit of charitable or nonprofit organizations shall not be exempt from the provisions of this section.

Public health and safety. It shall be unlawful for any person to conduct a garage sale in any manner which creates a hazard to public health or safety.

Signs. The following provisions shall apply to any and all temporary signs related to a garage sale:

No more than four (4) temporary signs per one (1) garage sale shall be installed, erected, posted, or displayed for the purpose of identifying, promoting, advertising, or directing patrons to such garage sale. It shall be unlawful for any person to install, erect, post, or display or to allow or cause the installation, erection, posting, or display of more than four (4) temporary signs per one (1) garage sale identifying, promoting, advertising, or directing patrons to such garage sale.

The area of any temporary sign installed, erected, posted, or displayed for the purpose of identifying, promoting, advertising, or directing patrons to a garage sale shall not exceed six (6) square feet. It shall be unlawful for any person to install, erect, post, or display or to allow or cause the installation, erection, posting, or display of a temporary sign identifying, promoting, advertising, or directing patrons to a garage sale where the area of such temporary sign exceeds six (6) square feet.

It shall be unlawful for any person to install, erect, post, or display or to allow or cause the installation, erection, posting, or display of any temporary sign identifying, promoting, advertising, or directing patrons to a garage sale upon any property without the permission of the owner of such property.

Any and all temporary signs identifying, promoting, advertising, or directing patrons to a garage sale shall be removed within twenty-four (24) hours of the conclusion or close of such temporary use.

(Ord. 17-1751, 10-17-2017, eff. 11-9-2017)

The following standards shall apply to the time, place, and manner of operation or occurrence of temporary construction sites:

Temporary construction site property owners shall comply with the standards for all temporary uses as set forth above, all provisions and standards of this chapter and any and all applicable provisions of law, except that a City of Meridian temporary use permit shall not be required, and the provisions of subsection 3-4-4.F of this chapter shall not apply.

It shall be unlawful for any person to operate a temporary construction site on a property at which there is no approved and valid plat, certificate of zoning compliance, and/or building permit. All temporary construction sites shall be consistent with such approved plat, certificate of zoning compliance, and/or building permit.

It shall be unlawful for any person to conduct processing or other industrial activities on a temporary construction site unless such activities are directly associated with a valid plat, certificate of zoning compliance, and/or building permit.

It shall be unlawful for any person to store materials and/or equipment on a temporary construction site that are not directly associated with a valid plat, certificate of zoning compliance, and/or building permit.

It shall be unlawful for any person to place construction management trailers on a temporary construction site unless such trailers are needed to supervise the temporary construction site on a regular basis.

It shall be unlawful for any person to operate a temporary construction site in any manner which creates a hazard to public health or safety.

It shall be unlawful for any person to store construction materials or equipment in or upon a public right-of-way, except as specifically allowed by license or permit issued by the right- of-way agency.

Discarded materials, rubbish, and garbage generated at or carried onto a temporary construction site shall be enclosed in a container meeting the requirements of Title 4, Chapter 1 of this Code.

Temporary construction site property owners shall incorporate all extracted materials into the site design and/or development of the property and/or adjoining properties. Where such materials are not or cannot be incorporated into the design and/or development, the use shall be deemed a construction sand and gravel mining operation and shall comply with Title 11 of this Code.

Persons operating a temporary construction site shall accomplish such activity in a time frame appropriate to the size and/or area of the development as determined by the Community Development Director or designee. Where such activity is not accomplished in an appropriate time frame, the use shall be deemed a construction sand and gravel mining operation and shall comply with Title 11 of this Code.

The provisions of section 11-3D-7 of this Code shall apply to any and all signs on the temporary construction site.

A violation of this section shall be an infraction punishable by a penalty of one hundred dollars ($100.00). In addition to such penalty, any person violating, allowing, or causing any provision of this section shall be subject to any and all other applicable administrative, criminal, and/or civil penalties. Each day upon which a violation of this section occurs and/or continues may be deemed a separate and distinct violation.

Peace officers and/or Code Enforcement Officers shall be empowered to enforce the provisions of this section. An officer may call upon the services of the planning, fire, parks and recreation or other appropriate city departments to assist in the enforcement of the provisions of this section. An officer may investigate any use or activity which he or she reasonably believes violates the provisions of this section. If an officer reasonably believes that a provision of this section has been violated, the officer may issue a citation to the person responsible for the violation or upon the owner or lawful possessor of the real property at or upon which the violation occurred. Such citation shall be served in accordance with the provisions of the Idaho Infraction Rules, which are incorporated herein by this reference.

(Ord. 17-1751, 10-17-2017, eff. 11-9-2017)

The terms as used in this chapter shall have the following meanings:

Auto Title loan means a loan of money secured by a certificate of Title and/or keys to a motor vehicle wherein borrower retains possession of the vehicle itself.

Chattel mortgage means a transfer of a legal right in personal property as security for payment of money.

City means the City of Meridian, Idaho.

Deposit means a delivery of goods or property to be held in trust as security for payment of money. Also includes the term bailment.

Minor means a person under the age of eighteen (18).

Money includes United States currency, money orders, certified checks, traveler's checks, and any other circulating medium of exchange.

Pawnbroker means a person who conducts a "regulated transaction" as that term is defined in this chapter. A person licensed to conduct such business in the City of Meridian. It shall be prima facie evidence of a pawnbroker business for any person or place of business to advertise for any "regulated transaction" as defined in this chapter, regardless of any other name, term or phrase by which the business can be described. The doing of any single act, which is a "regulated transaction" as defined in this chapter, shall constitute a pawnbroker business within the meaning of this chapter.

Pawnshop means the location at which a regulated transaction occurs. The location licensed as the business location for a pawnbroker in the City of Meridian.

Payday loan means a loan of money in which borrower writes a postdated check which lender deposits, cashes, or negotiates on a future agreed upon date.

Person means and includes any natural person, individual, firm, partnership, joint venture, association, corporation, trust, or any other group acting as a unit.

Personal property means all property subject to ownership, except real estate.

Pledge means a promise to deliver goods or property as security for payment of money.

Regulated transaction means a business dealing conducted by a pawnbroker or designee that is regulated by this chapter. The following transactions constitute the business of a pawnbroker, and any and all such transactions require a valid Meridian City License:

Loaning or advancing money to any person on the deposit of personal property of any kind as security for such loan or advancement, when the personal property may be repurchased by the party upon paying a sum of money;

Loaning or advancing money upon a chattel mortgage on personal property, where the said property is taken into the possession of the lender as security for the advancement or loan upon an assignment or pledge of future earnings;

Purchasing previously owned or used personal property on the condition that it may be repurchased by the seller within a fixed period of time for a fixed sum of money. For purposes of this chapter, purchasing shall also include trade.

(Ord. 06-1230, 5-2-2006, eff. 7-1-2006)

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. Pawnbrokers shall be subject to any and all applicable requirements of chapter 9 of this Title with respect to any transaction involving an item which is composed in whole or in part of precious metals, as such are defined therein.

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. Upon receipt of a complete application for a pawnbroker license, the City Clerk shall cause a criminal background investigation to be made, and shall refer all applications to the police department for its recommendation. Such application shall be accompanied by an application fee and background check per fee schedule and shall include, but not necessarily be limited to, the following information and materials:

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 and residence of the operating manager of the business.

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.

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.

The name and address of each employee of the business and whether that employee has been convicted of any felony or misdemeanor, the nature of the offense, the date of conviction, and the punishment or penalty assessed therefor.

Fingerprints of the applicant, provided to Idaho State Police or the City Clerk's Office, in the form and as required by the City Clerk, except that an applicant renewing an existing license is exempt from this provision.

Change of employees. Upon change of employees, the above information shall be forwarded to the City Clerk ten (10) days after the hiring of a new employee.

Investigation of applicant or employee. Upon receipt of any application for a license, the City Clerk shall cause an investigation to be made by the Meridian Police Department to determine whether the applicant meets the qualifications enumerated in this chapter. 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.

Pawnbroker licensing qualifications.

The applicant and the person who will be principally in charge of the business must be eighteen (18) years of age or older.

The applicant must not have had a previous business license of any type denied, revoked, or suspended by the city or any other state or local agency within the five (5) years prior to the application date.

The applicant must not have been convicted of a felony or theft related offense within the five (5) years prior to the application date.

The proposed premises for the pawnshop must comply with all applicable laws, including zoning and other regulations of the City of Meridian, and all city and state fire regulations.

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.

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, a license which shall expire at the end of the calendar year, unless sooner revoked or surrendered.

Notification of license denial; hearing. The City Clerk shall notify the applicant if his license is disapproved and the reasons therefor, and shall advise the applicant of the appeal procedure.

License nontransferable. Licenses shall not be transferable, either as to person or place. Each location shall require a separate license.

Posting of license. The license issued hereunder shall be posted conspicuously in each place of business named therein.

Violation; hearing; appeal. The successful applicant for a pawnbroker's license shall be considered a pawnbroker for purposes of the requirements of this chapter. A violation of the provisions of this chapter may result in suspension, revocation, or denial of a pawnbroker license or license renewal.

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. Notice of such hearing 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 (1) or more of the grounds for revocation exists, it may affirm the license revocation or suspension.

Appeal. The decision of the City Council may be appealed to the 4th Judicial District Court pursuant to the Idaho Administrative Procedures Act.

(Ord. 06-1230, 5-2-2006, eff. 7-1-2006; Ord. 09-1395, 2-10-2009, eff. 3-2-2009; Ord. 11-1488, 9-20-2011, eff. 11-1-2011; Ord. 15-1643, 5-5-2015; Ord. No. 25-2080, § 3, 4-22-2025)

Within five (5) days, excluding weekends and legal holidays, of the City Clerk's refusal to issue or renew a license under this chapter, the license applicant may appeal to the City Council for the purpose of having the City Council review the action of the City Clerk.

The appeal by the applicant whose license has been refused must be in writing and shall set forth the reason(s) why such license should not be refused.

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 City Council may be appealed to the 4th Judicial District Court pursuant to the Idaho Administrative Procedures Act.

(Ord. 06-1230, 5-2-2006, eff. 7-1-2006)

Upon request of the Chief of Police or designee, the pawnbroker or anyone acting on behalf of the pawnbroker shall permit the inspection of the licensed pawnshop premises and all property kept or stored therein. Any such inspection shall occur during the pawnshop's regular and usual business hours.

(Ord. 06-1230, 5-2-2006, eff. 7-1-2006)

No pawnbroker shall employ a minor to conduct regulated transactions as defined by this chapter.

No pawnbroker shall employ a person to conduct regulated transactions who has had a previous business license of any type denied, revoked, or suspended by the city or any other state or local agency within the five (5) years prior to employment.

No pawnbroker shall employ a person who has been convicted of a felony or theft related offense within the five (5) years prior to employment.

The holder of any pawnbroker's license shall be responsible for the compliance with all the provisions of this chapter by the agents and employees of the pawnbroker. Any violations by such persons may result in the revocation or denial of the pawnbroker's license.

(Ord. 06-1230, 5-2-2006, eff. 7-1-2006)

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. 06-1230, 5-2-2006, eff. 7-1-2006)

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. 06-1230, 5-2-2006, eff. 7-1-2006)

Legal hours for "pawnbrokers", as herein defined, may be between the hours of 7:00 a.m. and 10:00 p.m. each day, unless special permission is obtained from the Chief of Police.

(Ord. 06-1230, 5-2-2006, eff. 7-1-2006)

Electronic. All records described in this chapter shall be electronically entered and stored in addition to paper records.

Contents. Every transaction shall be memorialized in writing and signed by the person with whom the transaction is made. All parties to the transaction are entitled to receive a copy of this written record. Except as otherwise prohibited by law, the written record of every regulated transaction shall include the following information:

Name, address, telephone number, and store number of the pawnshop in which the transaction took place;

The name of the employee conducting the transaction;

Nature and date of the transaction and an identification number for the transaction;

Complete description of the property purchased, pledged, traded or cosigned including, as applicable: brand name, make, model, serial number, color, size, and any identifying marks. Additionally:

Jewelry shall be described with, as applicable, the type, weight, color, number and description of stones, style, size or length, any engraving, and whether it is considered a man's, woman's, or child's piece, provided that any and all applicable requirements of chapter 9 of this Title shall apply to any transaction involving an item which is composed in whole or in part of precious metals, as such are defined therein, and to any pawnbroker carrying on such transaction;

Vehicles shall be described with, as applicable, the vehicle identification number (VIN), make, model and color;

Firearms shall be described with, as applicable, the make, brand, model number, serial number, caliber, type, barrel length, finish;

Full name, complete current residential address, current phone number, date of birth, race, sex, height, weight, hair and eye color of the person or persons with whom the transaction is made;

Type, including state or governmental agency of issue, and identifying number of the personal photo identification used by the person with whom the transaction is made;

The term of the loan or repurchase period, and the date on which the loan is due and payable or the repurchase option expires.

Production of records. Upon request of the Chief of Police or designee, the pawnbroker or anyone acting on behalf of the pawnbroker shall produce any records required to be kept pursuant to this chapter and shall permit the Chief of Police or designee to examine them. Any such inspection shall occur during the pawnshop's regular and usual business hours.

Retention of records.

It shall be the duty of every pawnbroker to maintain in his place of business a permanent record of the complete description of all regulated transactions and of all parties entering into regulated transactions. This record shall include all voided and deleted transactions.

All records described in this chapter shall be electronically stored in addition to paper records.

All records described in this chapter shall be retained by the pawnbroker at the licensed pawnshop for a minimum of one (1) year; except that records pertaining to firearms transactions shall be kept for a minimum of twenty (20) years pursuant to federal regulations.

Transmission of records. The pawnshop's electronic record of a regulated transaction shall be transmitted by noon the next business day to the designated internet online service approved by the Meridian Police Department, in a method and fashion approved by the Chief of Police or designee.

(Ord. 06-1230, 5-2-2006, eff. 7-1-2006; Ord. 11-1488, 9-20-2011, eff. 11-1-2011; Ord. 15-1643, 5-5-2015)

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 sixty-day period or periods. Further, a notice may be terminated at any time in writing by the Chief of Police.

(Ord. 06-1230, 5-2-2006, eff. 7-1-2006)

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:

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;

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.

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.

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. 06-1230, 5-2-2006, eff. 7-1-2006)

The following acts by a pawnbroker or any person acting on behalf of the pawnbroker, including the employees and agents of a pawnbroker, shall constitute a violation of this chapter:

Failure to make a record of any transaction as described in this chapter.

Falsifying any official record or entry on an official record required to be kept pursuant to this chapter.

Obliterating, destroying, or removing from the place of business any records required to be kept pursuant to this chapter.

Refusing to allow the Chief of Police or designee to inspect the business premises, or any books, records or other goods located or required to be located at the place of business, during regular and usual business hours.

Transmittal of any false record to the police.

Failure to report the possession of property that may be lost or stolen.

Removal of or allowing removal of property from the business premises within seven (7) days after the receipt of said property. Excluded from this restriction are transactions in gold and silver bullion or coins.

Entering into a regulated transaction in which the property at interest is such property that is manufactured or produced with a serial or identification number, and the said number has been removed, altered or rendered unreadable, unless such removal, alteration, or rendering unreadable occurred as the result of normal wear and tear.

Entering into a regulated transaction with a minor or incompetent person.

Entering into a regulated transaction with a person under the influence of drugs or alcohol.

Entering into a regulated transaction with a known thief or receiver of stolen property, or known associates of such, whether the person is acting on their own behalf or as the agent of another.

Entering into a regulated transaction with a person without requiring production of photo identification issued to that person by a governmental agency.

Employment of a person not meeting the qualifications of this chapter.

Any other violation of the specific provisions of this chapter not specifically enumerated above.

(Ord. 06-1230, 5-2-2006, eff. 7-1-2006)

It shall be a violation for any person to furnish false information to a pawnbroker if the provided information is required to be recorded pursuant to this chapter.

It shall be a violation for any person to pledge or sell any property to a pawnbroker or the pawnbroker's employees or agents, knowing the property is stolen.

It shall be a violation for any person to pledge or sell any property to a pawnbroker or the pawnbroker's employees or agents, knowing the property is leased or let to him or another by any instrument in writing under a contract of purchase which is not yet fulfilled.

(Ord. 06-1230, 5-2-2006, eff. 7-1-2006)

The provisions of this chapter shall not apply to:

Auto Title loans.

Payday loans.

(Ord. 06-1230, 5-2-2006, eff. 7-1-2006)

In addition to other penalties specified in this chapter, any person violating any provision of this chapter shall be guilty of a misdemeanor, and upon conviction thereof, shall be punished by a fine of not more than three hundred dollars ($300.00) or imprisonment in the county jail for not more than ninety (90) days or by both such fine and imprisonment.

(Ord. 06-1230, 5-2-2006, eff. 7-1-2006)

If any provision or section of this chapter shall be held to be invalid by a court of competent jurisdiction, then such provision or section shall be considered separately and apart from the remaining provisions or sections of this chapter, which shall remain in full force and effect.

(Ord. 06-1230, 5-2-2006, eff. 7-1-2006)

Alcoholic beverage means any beverage containing alcohol which is a product of distillation of any fermented liquor or synthetic ethyl alcohol, including beer, wine, spirits or any liquid containing beer, wine or spirits.

Approved server training program means a server training program enumerated in a written administrative policy of the Chief of Police and approved by resolution of City Council.

Certificate means a current, valid certificate of completion issued to a server upon satisfactory completion of an approved server training program.

Certification means satisfactory completion of an approved server training program.

Certified server means a server who has satisfactorily completed an approved server training program.

Licensee means a person to whom a valid license to sell liquor by the drink, or beer and wine by the drink, is issued by the City of Meridian and/or the State of Idaho.

Server means any person serving or selling any alcoholic beverage, including spirits, wine or beer for consumption on a licensed premises and any person managing those employees. Servers shall include, but are not limited to, waiters, waitresses, bartenders, and managers of waiters, waitresses and bartenders.

(Ord. 09-1437, 12-22-2009, eff. 6-1-2010)

Only a server training program enumerated in written administrative policy of the Chief of Police and approved by resolution of City Council shall be recognized as an approved server training program for purposes of this chapter.

The Chief of Police shall approve a server training program upon a determination that such program educates participants on, and requires participants to successfully pass an examination covering, each and all of the following topics:

Consistently and accurately verifying patrons' proof of age and identification;

Recognizing false and altered identification documents;

Understanding the effects of alcohol on the human body;

Monitoring patrons' alcohol intake and/or behavior;

Recognizing intoxicated persons;

Methods of refusing to sell or serve alcohol to intoxicated persons;

Providing alternatives to alcoholic beverages;

Problem solving in dealing with intoxicated and/or belligerent patrons; and

All state and local laws and rules pertaining to the sale and service of alcoholic beverages.

(Ord. 09-1437, 12-22-2009, eff. 6-1-2010)

Any person employed or operating as a "server" as defined in this chapter shall:

Complete certification within thirty (30) days of the date upon which he or she begins employment or operation as a server at a licensed establishment, and shall maintain such certification at all times of employment or operation as a server, updating such certification as necessary. Upon a server's completion of one (1) hour of work, the thirty-day time period for certification shall be calculated cumulatively, and shall be tolled only by the cessation of work for one (1) year or longer.

Maintain a written record of his or her certification.

Provide proof of certification to a law enforcement officer upon request.

Licensees operating establishments where alcoholic beverages are served and consumed on the premises, as to each server employed or operating on the licensed premises, shall:

Ensure that each server is or becomes certified as set forth in this section, and that each server maintains his or her certification throughout his or her employment or operation as a server.

Maintain a copy of each server's certificate.

Provide any server's certificate to a law enforcement officer upon request.

(Ord. 09-1437, 12-22-2009, eff. 6-1-2010)

Any person violating any provision of this chapter shall be deemed guilty of a misdemeanor and, upon conviction thereof, shall be subject to a fine of up to one thousand dollars ($1,000.00) and/or imprisonment for up to six (6) months.

The City Clerk may revoke a licensee's City of Meridian license to sell liquor by the drink, and/or license to sell beer and wine by the drink, if such licensee, or server employed by or operating on behalf of such licensee, violates any provision of this chapter. The City Clerk shall notify the licensee of such revocation in writing, and shall mail such notice to the licensee at the mailing address set forth in the license application. Such revocation shall be effective immediately upon mailing by the City Clerk. Appeal of the City Clerk's revocation of a City of Meridian license to sell liquor by the drink, and/or license to sell beer and wine by the drink may be made by the licensee. Such appeal shall be made in writing, shall be mailed to the City Clerk via U.S. mail, and shall state the reasons for such appeal. Upon receipt of such appeal, the City Clerk shall schedule a public hearing on the appeal at a City Council meeting within fourteen (14) days. The City Council's decision on such appeal shall be a final decision.

(Ord. 09-1437, 12-22-2009, eff. 6-1-2010)

Footnotes:

--- (2) ---

Editor's note— Sec. 6 of Ord. No. 23-2038, adopted October 17, 2023, amended Ch. 8 in its entirety to read as herein set out. Former Ch. 8 pertained to Private Security Standards, consisted of §§ 3-8-1—3-8-3, and derived from Ord. No. 14-1631, adopted November 18, 2014.

For the purposes of this chapter, the following words and phrases, and derivations thereof, shall be defined as follows:

Caretaker unit means a recreational vehicle or motor vehicle parked at the site of an operation for the purpose of providing security for the operation during nonbusiness hours.

Dangerous fireworks means all fireworks other than nonaerial common fireworks.

Fireworks means any combustible or explosive composition, or any substance or combination of substances, or article prepared for the purpose of producing a visible or audible effect by combustion, explosion, deflagration or detonation. Fireworks include items classified as common or special fireworks by the United States bureau of explosives or contained in the regulations of the United States department of transportation and designated as UN 0335 1.3G or UN 0336 1.4G. The term "fireworks" shall not include any automotive safety flares, toy guns, toy cannons, caps or other items designed for use with toy guns or toy cannons, party poppers, pop-its or other devices which contain twenty-five hundredths (.25) of a grain or less of explosive substance.

Nonaerial common fireworks means any fireworks such as ground spinners, fountains, sparklers, smoke devices or snakes designed to remain on or near the ground and not to travel outside a fifteen-foot diameter circle or emit sparks or other burning material which land outside a twenty-foot diameter circle or above a height of twenty (20) feet. Nonaerial common fireworks shall not include firecrackers, jumping jacks, or similar products.

Flame effects shall be defined as set forth in NFPA 160, Standard for the Use of Flame Effects Before an Audience.

NFPA means the National Fire Protection Association.

Operation means a business, whether formally or informally organized, in at which the operator sells fireworks.

Operator means any person, sole proprietor, partnership, or corporation selling fireworks at retail. This definition shall include such operator's agents, employees, partners, and officers.

Permittee means the person to whom a nonaerial common fireworks permit or public fireworks display permit is issued pursuant to this chapter.

Public fireworks display means the discharging of fireworks or use of flame effects in a manner that produces a visible or audible effect, whether outdoors or indoors.

Short-term storage container means any container, including, but not limited to, a temporary fireworks stand, tent, truck, trailer, vehicle, fully enclosed intermodal container, shed, garage, barn, outbuilding, or other permanent or temporary structure, that is used for the storage of fireworks.

Summer sales and use period means from midnight on June 23 to midnight on July 5.

Temporary fireworks stand means a temporary stand, booth or tent from which nonaerial common fireworks are sold and/or offered for sale.

Temporary sign means a sign, and/or any device, fixture, placard, or structure which:

Uses any color, form, graphic, illumination, symbol, or writing to identify, promote, advertise, or direct patrons to a temporary fireworks stand; and

Is not permanently mounted or secured.

Winter sales and use period means from midnight on December 26 to midnight on January 1.

(Ord. No. 23-2038, § 6, 10-17-2023)

Permit required. No person, without having a valid nonaerial common fireworks permit issued pursuant to this chapter, shall offer for sale, possess or store for the purpose of sale, sell, cause to be offered for sale, cause to be possessed or stored for the purpose of sale, or cause to be sold nonaerial common fireworks in any manner or for any use or purpose. A separate permit shall be held for each and every operation and location at which nonaerial common fireworks are to be sold and/or offered for sale. A nonaerial common fireworks permit issued pursuant to this chapter shall be valid for only the specific dates and location designated in the permit, and shall be nontransferable.

Application. Application for a nonaerial common fireworks permit shall be made to the City Clerk in such form and manner as the City Clerk may prescribe. A separate application shall be filed for each and every operation and location at which nonaerial common fireworks are to be sold and/or offered for sale. Such application shall include, but shall not necessarily be limited to, the following:

Applicant's name and date of birth.

Physical and mailing addresses of applicant's home and business.

Name and address of applicant's registered agent in the state of Idaho for service of process.

Physical address and description of each and every location at which fireworks are to be stored.

Dates during which fireworks are to be stored.

Physical address and description of any and all locations at which fireworks are to be sold and/or offered for sale.

Dates during which fireworks are to be sold and/or offered for sale.

A site plan, which shall include a description of all of the following on the parcel on which the fireworks stand and short-term storage container is to be placed, and on adjacent parcels.

Location, type, and dimensions of any temporary fireworks stands, short-term storage containers, and/or caretaker units;

Parking areas;

Vision sight triangle, if located on a corner;

Waste receptacles or garbage cans;

Location and type of electrical sources;

Location and dimensions of temporary signs;

Vehicle fuel dispensing stations or tanks;

Flammable and combustible liquid or gas aboveground tank storage;

Combustible storage;

Permanent or temporary generators;

Location and type of portable fire extinguishers;

Means of ingress, egress, and discharge paths to and from the site; and

Permanent and temporary buildings.

Application fee for each operation for which a permit is sought.

10.

Other inspection and permitting fees as may be applicable.

11.

Proof of an insurance policy, issued by an insurance company authorized to do business in Idaho, covering all claims which may arise from or in connection with the public fireworks display. Such insurance shall afford minimum limits of one million dollars ($1,000,000.00) for each occurrence of bodily injury and property damage, and one million dollars ($1,000,000.00) general aggregate for general liability.

Application review and inspections. The City Clerk shall request that the Fire Chief review the application and conduct a site inspection at each operation, in order to determine:

Whether the operation, as proposed, will be conducted in compliance with this chapter and any other applicable laws; and

Whether issuance of such permit to applicant will likely endanger the health, safety, and/or welfare of persons or property.

Application deadlines. Complete applications for nonaerial common fireworks permits authorizing the permittee to sell nonaerial common fireworks during the summer sales period shall be filed with the City Clerk on or before June 1, or the next business day if such date falls on a nonbusiness day. Complete applications for nonaerial common fireworks permits authorizing the permittee to sell nonaerial common fireworks during the winter sales period shall be filed with the City Clerk on or before December 1, or the next business day if such date falls on a nonbusiness day.

Action on application. Upon completion of staff review, but no later than fourteen (14) calendar days from the date of submission of the completed application and all application materials required by this subsection, the City Clerk shall either issue and provide the license to the applicant or deny the application.

Grounds for denial. The City Clerk shall deny an application for a nonaerial common fireworks permit if:

The application is incomplete or required application materials or fees have not been submitted.

Investigation of such application or application materials reveals that provided information is invalid, false, or incomplete.

The City has revoked from applicant a nonaerial common fireworks permit issued pursuant to this chapter, in the preceding one (1) year.

The Fire Department reports that:

The proposed operations, activities, and/or uses are not in compliance with this chapter; or

Use of such permit will constitute an unreasonable hazard to persons or property.

Denial procedure. The City Clerk shall notify the applicant of the denial of an application for a nonaerial common fireworks permit as set forth in Title 3, Chapter 1, Meridian City Code.

Appeal of denial. Appeal of the City Clerk's denial of an application for a nonaerial common fireworks permit may be made by the applicant as set forth in Title 3, Chapter 1, Meridian City Code.

Content. The City of Meridian nonaerial common fireworks permit issued by the City Clerk shall include:

The name of the individual licensed to operate within the City under such license.

The dates during which such license is valid.

Any conditions of operation that, in addition to those set forth in this chapter, are necessary to protect the public health, safety, and welfare.

Grounds for revocation. In addition to any and all other applicable civil or criminal penalties, the City Clerk or the Fire Chief may revoke a nonaerial common fireworks permit issued pursuant to this chapter where:

The operator or any party operating under such permit conducts a use, condition, and/or activity not allowed under the terms of the permit, or violates a term, condition, or limitation of the permit or of this chapter.

The permit is used by a different operator or operation than to whom or which it was issued.

The permit was issued in error or in violation of any ordinance or law.

The permittee fails to comply with any order or notice duly served in accordance with the provisions of this chapter or other applicable law.

The permittee fails to comply with any provision of law, including, but not limited to, this chapter.

It is found, after issuance of such permit, that it was issued pursuant to falsified, inaccurate, or incomplete information on the application.

Revocation procedure. Revocation of a nonaerial common fireworks permit shall be effective pursuant to one (1) of the following procedures:

The City Clerk may notify the licensee or permittee of the revocation of a nonaerial common fireworks permit as set forth in Title 3, Chapter 1, Meridian City Code.

The Fire Chief may summarily revoke the permit at any time, where the Fire Chief finds grounds therefor as set forth in this chapter, which revocation shall be effective immediately upon verbal notice to the operator or any party operating under such permit. Within one (1) working day of such summary revocation, the Fire Chief or City Clerk shall send a written statement of such revocation and the grounds therefor as set forth in Title 3, Chapter 1, Meridian City Code.

Appeal of revocation. Appeal of a revocation of a nonaerial common fireworks permit may be made by the permittee as set forth in Title 3, Chapter 1, Meridian City Code.

Nontransferable. A nonaerial common fireworks permit is not transferable or assignable.

Expiration. Unless earlier revoked, a nonaerial common fireworks permit shall expire at the end of the sales and use period in which it was issued.

(Ord. No. 23-2038, § 6, 10-17-2023)

In addition to the applicable provisions of the version of the International Fire Code currently in effect, the following provisions shall apply to each and every operation. Where the provisions of the International Fire Code and the provisions of this section conflict, the provisions of this section shall apply.

No sales without permit. No person, without having a valid nonaerial common fireworks permit issued pursuant to this chapter, shall offer for sale, possess for the purpose of sale, sell, cause to be offered for sale, cause to be possessed for the purpose of sale, or cause to be sold nonaerial common fireworks in any manner or for any use or purpose.

One per parcel. Only one (1) temporary fireworks stand shall be allowed per parcel.

Set up and removal. Temporary fireworks stands used during the summer sales period shall not be in place before June 15 and shall be removed by 12:00 p.m. (noon) on July 6. Temporary fireworks stands used during the winter sales period shall not be in place before December 15, and shall be removed by 12:00 p.m. (noon) on January 3.

Sales periods. The sale, storage, possession for purposes of sale, and/or possession for purposes of storage of nonaerial common fireworks is prohibited at all times, except that:

Nonaerial common fireworks may be possessed, sold, and/or stored during the summer sales period or the winter sales period so long as such possession, sale, and/or storage complies with a nonaerial common fireworks permit validly issued pursuant to this chapter and all regulations set forth in this chapter.

Persons holding a public fireworks display permit may possess and/or store nonaerial common fireworks pursuant to the terms of a public fireworks display permit validly issued pursuant to this chapter and all regulations set forth in this chapter.

Caretaker unit. One (1) caretaker unit may be allowed per permitted operation site and shall be used only for the purpose of security of an operation. Such caretaker unit shall be located a minimum of twenty-five (25) feet from any temporary fireworks stand or short-term storage container. Caretaker units used during the summer sales period shall not be placed at the sales site before June 15 and shall not remain at the site after 12:00 p.m. (noon) on July 6. Caretaker units used during the winter sales period shall not be placed at the sales site before December 15 and shall not remain at the site after 12:00 p.m. (noon) on January 3. Only a recreational vehicle or motor vehicle may be used as a caretaker unit. A tent shall not be used as a caretaker unit.

No sales in residential districts. The sale of fireworks shall be prohibited in residential districts as such districts are defined by the Meridian Unified Development Code.

No sales in right-of-way. Nonaerial common fireworks and/or related merchandise shall not be sold or offered for sale, structures or signs shall not be erected, and/or business shall not be conducted within the public right-of-way.

Access. No entrance and/or exit drive providing ingress or egress to an operation shall cause a traffic hazard or nuisance. Operators shall comply with all rules and standards for roadway access as established by the transportation authority.

Parking. No operation shall sell or offer for sale nonaerial common fireworks at a location lacking adequate off-street parking upon asphalt or other dustless material. Inadequate parking shall include displacement of off-street parking spaces or loading areas serving the site's permanent and/or primary use(s).

Equipment. Compressors, fans, pumps, and/or other motorized equipment utilized by an operation shall be located and/or shielded in a manner that prevents unreasonable noise.

No permanent structures. No person shall construct, or cause to be constructed, or use any permanent structure for the sale and/or offering for sale of nonaerial common fireworks. No operator may sell or offer for sale nonaerial common fireworks from or in a permanent structure.

Minimum age. During business hours, each and every operation shall be staffed by at least one (1) person who is twenty-one (21) years of age or older. No person under sixteen (16) years of age shall be allowed in the nonpublic areas of a temporary fireworks stand.

No sales to persons under sixteen. No operator shall sell fireworks to any person who is under the age of sixteen (16) years unless such person is accompanied by a parent or legal guardian. The burden of verifying the age of purchasers of fireworks shall be borne by the operator.

Signs. The operator may post up to two (2) temporary signs on the property on which the temporary fireworks stand is located, with an area not to exceed six (6) square feet each. Any and all temporary signs identifying, promoting, advertising, or directing patrons to an operation shall be removed within twenty-four (24) hours of the end of the applicable sales and use period.

Operation requirements. Operators shall comply with, and, as applicable, shall be responsible for their employees', volunteers', patrons', and the public's compliance with, each and all of the following provisions regarding temporary fireworks stands:

Any and all temporary fireworks stands shall comply with all applicable provisions of this Code, including, but not limited to, the Unified Development Code, the building code, the fire code, and the electrical code. The operator shall obtain any and all required permits.

No temporary fireworks stand shall have a floor area in excess of seven hundred (700) square feet.

Any and all temporary fireworks stands shall have exit doors at least thirty (30) inches wide at both ends of the temporary fireworks stand and one (1) additional door for each thirty-two (32) feet of rear wall in excess of thirty-two (32) feet. All doors shall open outward from the temporary fireworks stand and all doorways shall be kept clear and operational at all times. No operator shall cause or allow any exit from a temporary fireworks stand to be obstructed, unopenable, inaccessible, or malfunctioning.

Operators shall locate and maintain temporary fireworks stands in compliance with the following minimum separation distances:

Exposure	Minimum Separation Distance
Roadway or sidewalk	20 feet
Building	20 feet
Fireworks stand	100 feet
Vehicle fuel dispensing	100 feet
Propane cylinder exchange station	100 feet
Flammable gas and flammable liquefied gas bulk aboveground storage or dispensing area	300 feet
Flammable and combustible liquid or gas aboveground tank storage	300 feet
Vehicle access and parking area	20 feet
Combustible storage	20 feet
Generator	20 feet
Short-term storage container	20 feet
Weeds or vegetation	20 feet
Trash, rubbish, debris, waste receptacle	20 feet
Cooking equipment	25 feet
Any fire hazard	20 feet

Each temporary fireworks stand shall contain a minimum of one (1) type 2A10BC rated fire extinguisher, and one (1) 2A water type fire extinguisher. Such extinguishers shall, at all times be in good working order, have a current inspection tag, and be easily accessible for use in case of fire in the temporary fireworks stand or the immediate proximity thereof.

Each temporary fireworks stand shall be emptied of all fireworks when not open for business. This provision shall not apply where the operation is not open for business and the temporary fireworks stand is used as a short-term storage facility, in which case all provisions of this chapter governing short term storage facilities shall apply.

No person shall sleep in any temporary fireworks stand at any time.

At least one (1) sign reading, "Fireworks - No Smoking or Vaping Within 25 Feet" in letters at least four (4) inches high on a contrasting background shall be posted on every exterior wall and/or side of all temporary fireworks stands. Such signs shall be maintained in a visible and legible condition at all times.

At least one (1) sign reading, "Fireworks - No Smoking or Vaping Within 25 Feet" in letters at least two (2) inches high on a contrasting background shall be posted on each and every interior wall and/or side of any and all temporary fireworks stands. Such signs shall be maintained in a visible and legible condition at all times.

10.

At least one (1) sign reading, "No Fireworks To Be Discharged Within 100 Feet" in letters at least four (4) inches high on a contrasting background shall be posted on each and every exterior wall or side of any and all temporary fireworks stands. Such signs shall be maintained in a visible and legible condition at all times.

11.

Waste receptacles or garbage cans in any temporary fireworks stand shall be noncombustible and shall have a securely fitting lid.

12.

All permits shall be posted in the stand at all times.

(Ord. No. 23-2038, § 6, 10-17-2023)

In addition to the applicable provisions of the version of the International Fire Code currently in effect, the following provisions shall apply to the storage of fireworks. Where the provisions of the International Fire Code and the provisions of this section conflict, the provisions of this section shall apply.

No storage without permit. No person, without having a valid nonaerial common fireworks permit or public fireworks display permit issued pursuant to this chapter, shall store nonaerial common fireworks in any manner or for any use or purpose.

One storage unit per parcel. Only one (1) short-term storage container in addition to the temporary fireworks stand shall be allowed per parcel.

Set up and removal. Short-term storage containers used during the summer sales period shall not be placed at the sales site before June 15 and shall be removed by 12:00 p.m. (noon) on July 6. Short-term storage containers used during the winter sales period shall not be placed at the sales site before December 15 and shall be removed by 12:00 p.m. (noon) on January 3.

No storage in residential districts. The storage of fireworks shall be prohibited in residential districts as such districts are defined by the Meridian Unified Development Code.

No storage in right-of-way. Short-term storage containers shall not be placed or erected within the public right-of-way.

No storage in permanent structures. No person shall construct, cause to be constructed, or use any permanent structure for the storage of nonaerial common fireworks.

Secure storage. Stored fireworks shall be secured in a manner that denies any and all access to such fireworks by persons other than the operator.

Exit. No operator shall cause or allow any exit from a short-term storage container to be obstructed, unopenable, inaccessible, or malfunctioning.

Storage requirements. Operators shall comply with, and, as applicable, shall ensure their patrons' and the public's compliance with, each and all of the following provisions regarding short-term storage containers:

Any and all short-term storage containers shall comply with all applicable provisions of this Code, including, but not limited to, the Unified Development Code, the building code, the fire code, and the electrical code. The operator shall obtain any and all required permits.

No short-term storage container shall have a floor area in excess of three hundred twenty (320) square feet.

Operators shall locate and maintain any short-term storage container in compliance with the following minimum separation distances:

Exposure	Minimum Separation Distance
Roadway or sidewalk	20 feet
Building	20 feet
Fireworks stand	100 feet
Vehicle fuel dispensing	100 feet
Propane cylinder exchange station	100 feet
Flammable gas or flammable liquefied gas bulk aboveground storage or dispensing	300 feet
Flammable and combustible liquid or gas aboveground tank storage	300 feet
Vehicle access and parking area	20 feet
Combustible storage	20 feet
Generator	20 feet
Short-term storage container	20 feet
Weeds or vegetation	20 feet
Trash, rubbish, debris, waste receptacle	20 feet
Cooking equipment	25 feet
Any fire hazard	20 feet

Any and all short-term storage containers shall be located at least one hundred feet (100) from any flammable liquid dispensing device or installation.

Any and all short-term storage containers shall contain a minimum of one (1) pressurized water fire extinguisher with a minimum rating of 2A, which fire extinguisher shall be located in an accessible and visible location within forty-eight (48) inches of the access door. If such container has more than one (1) access door, a fire extinguisher shall be located in an accessible and visible location within forty-eight (48) inches of each and every access door.

No person shall sleep in any short-term storage container at any time.

At least one (1) sign reading, "Fireworks - No Smoking or Vaping Within 25 Feet" in letters at least four inches (4") high on a contrasting background shall be posted on each and every interior wall and each and every exterior wall or side of any and all short-term storage containers. Such signs shall be maintained in a legible condition at all times.

At least one (1) sign reading, "No Fireworks to Be Discharged Within 100 Feet" in letters at least four inches (4") high on a contrasting background shall be posted on each and every exterior wall or side of any and all short-term storage containers. Such signs shall be maintained in a legible condition at all times.

Storage in temporary fireworks stand. Where a temporary fireworks stand is used as a short-term storage facility, such temporary fireworks stand shall comply with all applicable provisions of this section in addition to any and all other applicable provisions of this chapter. Where such temporary fireworks stand is constructed with hard sides, it shall be effectively secured by a working lock or locks at all times and at all access points, except during active loading and/or unloading. Where such temporary fireworks stand is constructed with canvas or other soft material sides, shall be effectively secured by a person who shall remain awake, alert, and on site at all times and who shall prevent any and all access to fireworks or other merchandise stored therein.

Storage in trailer or vehicle. Where a truck trailer or a vehicle is used as a short-term storage container, such truck trailer or vehicle:

Shall comply with all applicable provisions of this section in addition to any and all other applicable provisions of this chapter.

Shall be effectively secured by a working lock or locks at all times and at all access points, except during active loading and/or unloading.

Shall be marked in accordance with United States Department of Transportation requirements.

Storage of dangerous fireworks. Storage of dangerous fireworks shall be unlawful unless specifically authorized by a valid public fireworks display permit issued pursuant to this chapter. Dangerous fireworks shall be stored in accordance with any and all applicable provisions of this chapter governing short-term storage containers and all applicable provisions of the International Fire Code, except that no person shall store dangerous fireworks:

In a temporary fireworks stand.

In any soft sided structure, including, but not limited to, a tent.

In any place or in any manner allowing access to such fireworks by anyone other than the permittee.

In any place or in any manner which endangers the health, safety, and/or welfare of persons and/or property.

(Ord. No. 23-2038, § 6, 10-17-2023)

In addition to the applicable provisions of the version of the International Fire Code currently in effect, the following provisions shall apply to public fireworks displays. Where the provisions of the International Fire Code and the provisions of this section conflict, the provisions of this section shall apply.

Permit required. No person, without having a valid City of Meridian Public Fireworks Display Permit issued pursuant to this chapter, shall:

Possess, store, or discharge dangerous fireworks in any manner or for any use or purpose, or cause dangerous fireworks to be discharged in any manner or for any use or purpose.

Discharge fireworks as, or as part of, a public fireworks display.

Application. Application for a public fireworks display permit shall be made to the City Clerk in such form and manner as the City Clerk may prescribe. Such application shall include, but shall not necessarily be limited to, the following information:

Name, mailing address, physical address, phone number, and e-mail address of each and all of the following persons: applicant, owner of the property at which the display is to occur, and pyrotechnician operating the display.

Name and address of applicant's, property owner's, and pyrotechnician's Idaho registered agent for service of process.

Documentation and copies of qualifications of pyrotechnician, including copies of certifications, licenses, and a copy of government-issued photo identification.

Date(s) and times of the display, including set up time, display time, and length of show.

Physical address of site at which public fireworks display is to occur.

Site plan, including the following:

Detailed layout of site, including all separation distance measurements per NFPA 1123.

Detailed layout of discharge site, including the location of all devices to be used during show, their required separation distances, and location of controllers.

Location of all spectator areas.

Fallout area, including offset measurements.

Preparation area, including required separation distance.

Fireworks storage area, including required separation distances, capacity, and dates during which fireworks are to be stored.

Buildings on or in proximity to the display site.

Highways, streets, or alleys in proximity to the display site.

Special hazard locations (e.g., combustible fuel, flammables, explosives, toxic substances, places of detention and correction, health care facilities).

Location of possible overhead obstruction locations and utilities.

Location of area(s) affected by the flame effect device.

Types and locations of required fire extinguishers and supplemental fire protection features.

Description of fireworks to be used in the display, including:

Detailed list of devices to be used in each display per show which shall include number and type of all devices to be used, including classification (e.g., aerial shell, cake, mine, salute, ground display piece, comet, lance, etc.), type of match to be used (e.g., black, electric, quick match, etc.), and whether the fireworks are to be chain fused or individually shot.

Detailed list of flame effects to be used per show which shall include classification of effect (e.g., gas mine, ghost mine, etc.).

Detailed list of lift charges for gas mines including grams, type of powder, sealing method of charge, fuel type (e.g., gas, diesel, mixture, cremora, LPG, etc.), and type of match used.

Diagram of the mortar for flame effects showing pipe schedule size, wall thickness, height, width, and securing methods.

Diagram of the mortar racks detailing elevation of rack (if raised location provide elevation), rack location (ground, trailer, stand, etc.), construction elements of rack, mortar pipe schedule including type, size, wall thickness, height, width, and rack securing methods. Mortar racks shall meet the construction recommendations of NFPA 1123.

Written copies of each and all of the following:

Procedure for sequence of operations for ignition of fireworks and flame effects, including ignition method (electronic, manual, automatic, etc.); controller manufacturer, model, and type (automatic, handheld, manual); number of manual and electronic shooters, and source of manual ignition (fusee, torch, portfire, etc.).

Communication plan and methods between the permit holder, property owner, and pyrotechnician before, during, and after the display.

Safety plan, including protocols for:

(1)

Stopping the show for emergency response personnel, catastrophic failure, operator injury, hazardous debris falling on spectators, crowd control issues, or any hazardous conditions.

(2)

Actions to be taken in the event that a shell fails to ignite in or discharge from a mortar, fails to function over the fallout area or other malfunctions, reporting methods and procedures for manually unfired shells including marking and warning of hazard to site personnel, and the disposal methods for unfired shells found in the post display sweep.

Proof of an insurance policy, issued by an insurance company authorized to do business in Idaho, covering all claims which may arise from operations under or in connection with the operation. Such insurance shall afford minimum limits of one million dollars ($1,000,000.00) for each occurrence of bodily injury and property damage, and one million dollars ($1,000,000.00) general aggregate for general liability.

10.

Application fee for each public fireworks display for which a permit is sought.

11.

Other inspection and permitting fees as may be applicable.

Application review. Upon receipt of all application materials required by this section, the City Clerk shall refer the application to the Fire Chief, who shall review the application to determine:

Whether the public fireworks display, as proposed, will be conducted in compliance with this chapter and any other applicable laws; and

Whether use of such permit by applicant will likely endanger the health, safety, and/or welfare of persons or property.

Action on application. Upon receipt of the recommendation of the Fire Chief, but no later than thirty (30) calendar days from the date of submission of the completed application and all application materials required by this section, the City Clerk shall either issue a City of Meridian Public Fireworks Display Permit to the applicant, or deny the application.

Grounds for denial. The City Clerk shall deny an application for a public fireworks display permit where:

The application is incomplete or required application materials or fees have not been submitted.

Investigation of such application or application materials reveals that provided information is invalid, false, or incomplete.

Investigation of such application or application materials reveals that the proposed public fireworks display will not be compliant with applicable laws, regulations, or standards.

The pyrotechnician does not have the requisite qualifications, certifications, and/or licenses for public fireworks displays, as set forth in NFPA provisions referenced above.

Use of such permit will constitute an unreasonable hazard to persons or property.

Denial procedure. The City Clerk shall notify the applicant of the denial of a public fireworks display permit as set forth in Meridian City Code Section 3-1-4.

Appeal of denial. Appeal of the City Clerk's denial of an application for a public fireworks display permit may be made by the applicant as set forth in Meridian City Code Section 3-1-5.

Content. The public fireworks display permit issued by the City Clerk shall include:

The name of the individual licensed to operate within the City under such license.

The dates during which such license is valid.

Any conditions of operation that, in addition to those set forth in this chapter, are necessary to protect the public health, safety, and welfare.

Grounds for revocation. The City Clerk or Fire Chief may revoke a City of Meridian Public Fireworks Display Permit where:

The permittee or any party operating under such permit conducts a use, condition, and/or activity not allowed under the terms of the permit, or violates a term, condition, or limitation of the permit or of this chapter.

The permit is used by a different party than the party to whom it was issued.

The permit was issued in error or in violation of any ordinance or law.

The permittee fails to comply with any order or notice duly served in accordance with the provisions of this chapter or other applicable law.

The permittee fails to comply with any provision of this Code, including, but not limited to, this chapter.

It is found, after issuance of such permit, that it was issued pursuant to falsified, inaccurate, or incomplete information on the application.

Revocation procedure. Revocation shall be effective pursuant to either of the following procedures:

The City Clerk may notify the licensee or permittee of the revocation of a nonaerial common fireworks permit as set forth in Meridian City Code Section 3-1-4; or

The Fire Chief may summarily revoke the public fireworks display permit at any time, where he finds grounds therefor as set forth in this chapter, which revocation shall be effective immediately upon verbal notice to the permittee or any party operating under such permit. Within one (1) working day of such summary revocation, the Fire Chief or City Clerk shall send written notification of such revocation and the grounds therefor as set forth in Meridian City Code Section 3-1-4.

Appeal of revocation. Appeal of a revocation of a City of Meridian Public Fireworks Display Permit may be made by the permittee as set forth in Meridian City Code Section 3-1-5.

Nontransferable. A Public Fireworks Display Permit is not transferable or assignable.

Expiration. Unless earlier revoked, a Public Fireworks Display Permit shall be valid from dusk to midnight on the permitted date of the public fireworks display.

Public fireworks display regulations. Public fireworks displays shall comply in every respect, including, but not limited to, setup, staging, and performance, with standards and regulations set forth in NFPA 1123 Code for Fireworks Display (2022 edition), NFPA 1126 Standard for the Use of Pyrotechnics Before a Proximate Audience (2021 edition), and NFPA 160 Standard for the Use of Flame Effects Before an Audience (2021 edition).

(Ord. No. 23-2038, § 6, 10-17-2023)

It shall be unlawful for any person to:

Alter fireworks. Alter any fireworks, except where such alteration complies with a public fireworks display permit validly issued pursuant to this chapter.

Use fireworks in vehicles or structures. Throw or discharge any fireworks from, into, or at a vehicle or structure.

Discharge fireworks at a person. Throw or discharge any fireworks at any person.

Violate this chapter. Sell, store, possess, discharge, or use fireworks in violation of this chapter.

Use fireworks in high-threat area. Use fireworks in any area where there exists a severe fire threat based on vegetative or other conditions as determined by the Fire Chief, provided that notice of such areas is given in advance.

Possess fireworks at prohibited time. Possess or discharge fireworks at any time other than during the summer sales period, the winter sales period, or as specified in a validly issued public fireworks display permit.

Discharge fireworks inside required separation. Discharge fireworks within one hundred (100) feet of any temporary fireworks stand or short-term storage container.

Smoke inside required separation. Smoke or use an electronic smoking device within twenty-five (25) feet of any temporary fireworks stand or short-term storage container.

Ignite flame inside required separation. Ignite a flame within twenty (20) feet of any temporary fireworks stand or short-term storage container.

Park inside required separation. Park a motor vehicle within twenty (20) feet of any temporary fireworks stand or short-term storage container.

Obstruct or disable exit. Obstruct or cause to be obstructed, inoperative, inaccessible, or malfunctioning any exit from a temporary fireworks stand or short-term storage container.

Possess fireworks under age limit. If such person is under the age of sixteen (16) years, purchase, possess, or discharge fireworks, except in the presence of a parent or legal guardian.

(Ord. No. 23-2038, § 6, 10-17-2023)

Sections 3-8-6(A—E). Any person violating any of Meridian City Code Sections 3-8-6(A—E) shall be cited pursuant to I.C. 39-2609.

Section 3-8-4 or 3-8-5. Any person violating any provision of Meridian City Code Section 3-8-4 (regulations regarding storage of fireworks) or Meridian City Code Section 3-8-5 (public fireworks display permits and regulations) shall be guilty of a misdemeanor.

Any other provision. Any person violating any other provision of this chapter shall be guilty of an infraction, punishable by a fine of one hundred dollars ($100.00).

Confiscation and destruction authorized. Any and all fireworks possessed, discharged, or used in violation of this chapter may be confiscated and destroyed by the Meridian Police Department or the Meridian Fire Department.

(Ord. No. 23-2038, § 6, 10-17-2023)

The terms as used in this chapter shall have the following meanings:

Precious metal means any item composed in whole or in part of gold, silver, platinum, or palladium. Precious metals shall be classified as follows:

Type 1 precious metal. Any item, other than bars, bullion, coins, or ingots, composed in whole or in part of gold, silver, platinum, or palladium. Type 1 precious metals shall include, but shall not be limited to: Jewelry, silverware, utensils, and serving dishes composed in whole or in part of gold, silver, platinum, or palladium.

Type 2 precious metal. Bars, bullion, coins, or ingots composed in whole or in part of gold, silver, platinum, or palladium. Type 2 precious metals shall include, but shall not be limited to: Medallions, international coins, U.S. legal tender coins, numismatic items, and commemorative coins composed in whole or in part of gold, silver, platinum, or palladium.

Where an item composed in whole or in part of gold, silver, platinum, or palladium exhibits characteristics of both or neither a type 1 and/or a type 2 precious metal, such item shall be classified and handled as a type 1 precious metal.

Precious metal dealer means any person who conducts regulated transactions as or in the course of "activity engaged in for profit", as such term is defined by the U.S. Internal Revenue Code.

Regulated transaction means the acquisition of precious metal, whether new or previously owned, for consideration in the form of cash, goods or other precious metal, whether by sale or trade.

(Ord. 11-1488, 9-20-2011, eff. 11-1-2011)

This chapter shall not apply to:

Pawnbrokers who do not conduct regulated transactions involving precious metals. A person holding a City of Meridian Pawnbroker License may engage in regulated transactions and/or act as a precious metals dealer without being separately licensed pursuant to this chapter so long as such person first obtains a precious metal dealer endorsement for his or her City of Meridian Pawnbroker License.

Wholesale purchases of precious metal directly from manufacturers or wholesalers for sale of such precious metal at retail.

Financial institutions licensed under federal or state banking laws.

A transaction in which a retail merchant accepts merchandise containing precious metals where the same merchant previously sold the same merchandise to the same person presenting such merchandise for exchange or refund.

A transaction in which a jeweler accepts a new or previously owned piece(s) of jewelry containing precious metal for the purpose of remodeling, refashioning, rebuilding, or repairing such jewelry, where the jeweler reasonably believes the person presenting such jewelry for such purpose to be the bona fide owner of the jewelry presented, or agent of such bona fide owner.

Hobbyists who acquire precious metal by sale or trade solely as a hobby for pleasure or relaxation, and not as or in the course of "activity engaged in for profit", as such term is defined by the U.S. Internal Revenue Code.

(Ord. 11-1488, 9-20-2011, eff. 11-1-2011)

License or endorsement required. It shall be unlawful for any owner or operator of premises to act as a precious metal dealer, conduct regulated transactions, or allow other persons on the premises to conduct regulated transactions, without a valid City of Meridian Precious Metal Dealer License or, with regard to pawnbrokers holding a valid City of Meridian Pawnbroker License, a precious metal dealer endorsement for a City of Meridian Pawnbroker License.

Application for license. Application for a City of Meridian Precious Metal Dealer License shall be made to the City Clerk and shall include:

Application fee and background check fee per fee schedule.

A completed application form provided by the City Clerk, which form shall include the following information:

Applicant's name, physical address, mailing address, driver's license number, and date of birth.

Whether the applicant has had any license revoked by the City of Meridian or any other governmental entity within the five (5) years preceding the application date.

Whether the applicant has been convicted of any felony or misdemeanor within the five (5) years preceding the application date, the nature of the offense, and the date, and the punishment or penalty assessed therefor.

A description of the regulated transactions that are to be conducted and the precious metals to be handled under the City of Meridian Precious Metal Dealer License.

Street address of the premises at which regulated transactions are to occur.

Application for endorsement. Application for a precious metal dealer endorsement for a City of Meridian Pawnbroker License shall be made to the City Clerk and shall include:

Application fee per fee schedule.

A copy of the applicant's valid and current City of Meridian Pawnbroker License.

A completed application form provided by the City Clerk, which form shall include the following information:

Applicant's name, physical address, and mailing address.

Street address and parcel number of the premises at which regulated transactions are to occur.

A description of the regulated transactions that are to be conducted and the precious metals to be handled under the precious metal dealer endorsement.

Investigation. Upon receipt of all application materials for a City of Meridian Precious Metal Dealer License or a precious metal dealer endorsement for a City of Meridian Pawnbroker License, the City Clerk shall refer such 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 City Clerk.

Notice of decision. Upon receipt of the findings of the Chief of Police or designee, but no later than twenty-one (21) calendar days from the date of submission of the completed application and all application materials required by this subsection, the City Clerk shall either issue the license or endorsement to the applicant or deny the application. Where the City Clerk denies an application for a City of Meridian Precious Metal Dealer License or precious metal dealer endorsement for a City of Meridian Pawnbroker License, the City Clerk shall notify the applicant of such denial in writing, and shall include the grounds for such denial and notice of the right to appeal such decision as set forth in this chapter. Written notice of the denial shall be sent via U.S. mail to the applicant at the address set forth on the application.

Denial of license. The City Clerk shall deny a City of Meridian Precious Metal Dealer License where:

The applicant is under the age of eighteen (18) years;

The applicant has had a similar license revoked by this city or any other governmental entity within the five (5) years immediately preceding the date of the application;

The applicant has been convicted of any crime, whether felony or misdemeanor, related to theft, fraud, deception, or moral turpitude within the five (5) years immediately preceding the date of the filing of the application; or

The applicant has misrepresented or made a false or fraudulent statement of material or relevant facts contained in the application.

Denial of endorsement. The City Clerk shall deny a precious metal dealer endorsement for a City of Meridian Pawnbroker License where the applicant has misrepresented or made a false or fraudulent statement of material or relevant facts contained in the application.

Appeal of denial. Appeal of the City Clerk's denial of an application for a City of Meridian Precious Metal Dealer License or precious metal dealer endorsement for a City of Meridian Pawnbroker License may be made by the applicant. 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 within fourteen (14) days of such denial. Upon receipt of such written appeal, the City Clerk shall schedule a public hearing on the appeal at a City Council meeting within thirty (30) days. Following a public hearing on the appeal, City Council shall either affirm or reverse the City Clerk's action and shall issue written findings supporting such decision. The City Council's decision on such appeal shall be a final decision.

Granting of license or endorsement. The City of Meridian Precious Metal Dealer License or precious metal dealer endorsement for a City of Meridian Pawnbroker License shall include, on its face:

The name of the individual licensed or endorsed to act as a precious metal dealer;

Street address of the premises at which regulated transactions may occur;

A description of the regulated transactions that may occur under such license;

The dates during which such license or endorsement is valid.

Term of license. Unless earlier revoked, such license or endorsement shall be effective through December 31 of the year issued.

Not transferable. A City of Meridian Precious Metal Dealer License or precious metal dealer endorsement for a City of Meridian Pawnbroker License shall not be transferable, either as to person or place.

Revocation. The City Clerk may revoke a City of Meridian Precious Metal Dealer License or precious metal dealer endorsement for a City of Meridian Pawnbroker License where:

A term or condition of the license or endorsement is violated.

In the course of any regulated transaction, the licensee, endorsee, or any agent of such licensee or endorsee violates a provision of this chapter or of any other local, state, or federal law.

It is found, after issuance of such license or endorsement, that it was issued pursuant to falsified, inaccurate, or incomplete information on the application.

The licensee or endorsee is convicted of any crime, whether felony or misdemeanor, related to theft, fraud, deception, or moral turpitude.

Appeal of revocation. Appeal of the City Clerk's revocation of City of Meridian Precious Metal Dealer License or precious metal dealer endorsement for a City of Meridian Pawnbroker License may be made by the licensee or endorsee. 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 within fourteen (14) days of such revocation. 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.

(Ord. 11-1488, 9-20-2011, eff. 11-1-2011; Ord. No. 25-2080, § 4, 4-22-2025)

Records. At the time of each and every regulated transaction involving a type 1 precious metal, the person conducting such transaction shall create a record of such regulated transaction in the manner and by the method as shall be established by the Chief of Police in a written administrative policy approved by resolution of City Council.

The record of a regulated transaction involving a type 1 precious metal shall include the following information:

Clear photograph of the item(s) acquired, purchased, sold, pledged, traded, and/or cosigned (where two (2) or more items are involved in one (1) regulated transaction, one (1) photograph may be taken of the lot so long as all items may be clearly discerned);

Name, address, and telephone number of the location of the transaction;

Full name of the person conducting the transaction;

Full name, physical address, date of birth, race, sex, height, weight, and hair and eye color of the person or persons with whom the transaction is made;

Issuing agency and identifying number of the valid personal photo identification of the person with whom the transaction is made;

Date, time, and nature of the transaction, including the amount and terms of the transaction;

Complete description of the item(s) acquired, purchased, sold, pledged, traded, or cosigned including, as applicable: type; style; composition; weight; color; size; dimensions; whether considered a man's, woman's, or child's piece; and any other identifying marks, engravings, flaws, or characteristics; and

Signatures of both parties to the transaction.

The record of any and all regulated transactions involving type 1 precious metal shall be transmitted within twenty-four (24) hours of such transaction in the manner and by the method as shall be established by the Chief of Police.

Upon request of the Chief of Police or designee, the precious metal dealer shall produce any and all records of regulated transactions involving type 1 precious metal and shall permit the Chief of Police or designee to examine them. Any such inspection shall occur during regular and usual business hours.

The record of a regulated transaction involving type 1 precious metal shall be retained by the precious metal dealer for a minimum of one (1) year following such transaction.

Retention period. Each and every precious metal dealer shall retain all type 1 precious metals acquired, without melting or otherwise changing the physical form or characteristics thereof, for a minimum of seven (7) calendar days from the date of the regulated transaction, except that, whenever the Chief of Police or designee shall notify any precious metal dealer that any item(s) in his or her possession may be stolen property or otherwise related to criminal activity, the precious metal dealer shall retain such item(s), without melting or otherwise changing the physical form or characteristics thereof, for a minimum of sixty (60) calendar days from the date of such notification, unless earlier released in writing by the Chief of Police or designee. Until the expiration of the applicable retention period, the dealer shall not sell, alter or dispose of a purchased item in whole or in part, or remove it from the premises. All items required to be retained under this section shall be open to and made available for inspection.

(Ord. 11-1488, 9-20-2011, eff. 11-1-2011)

Records. At the time of each and every regulated transaction involving a type 2 precious metal, the person conducting such transaction shall create a record of such regulated transaction.

The record of a regulated transaction involving a type 2 precious metal shall include the following information:

Name, address, and telephone number of the location of the transaction;

Full name(s) of the person conducting the transaction;

Date and time of the transaction;

Name, valid personal photo identification number, and date of birth of the person with whom the transaction is made; and

Complete description of the item(s) acquired.

In the course of an active law enforcement investigation, and upon provision of investigation report number by the Chief of Police or designee, the precious metal dealer shall produce any and all records of regulated transactions involving type 2 precious metal and shall permit the Chief of Police or designee to examine them. Any such inspection shall occur during regular and usual business hours.

The record of a regulated transaction involving type 2 precious metal shall be retained by the precious metal dealer for a minimum of one (1) year following such transaction.

Retention period. Whenever the Chief of Police or designee shall notify any precious metal dealer that any item(s) in his or her possession may be stolen property or otherwise related to criminal activity, the precious metal dealer shall retain such item(s), without melting or otherwise changing the physical form or characteristics thereof, for a minimum of sixty (60) calendar days from the date of such notification, unless earlier released in writing by the Chief of Police or designee. Until the expiration of the applicable retention period, the dealer shall not sell, alter or dispose of a purchased item in whole or in part, or remove it from the premises. All items required to be retained under this section shall be open to and made available for inspection.

(Ord. 11-1488, 9-20-2011, eff. 11-1-2011)

Prohibited acts by precious metal dealers. It shall be unlawful for any precious metal dealer, or any employee or agent thereof, to:

Fail to strictly comply with any provision of this chapter.

Conduct a regulated transaction at a place, manner, or location:

That is not authorized under a valid, current City of Meridian Precious Metal Dealer License or precious metal dealer endorsement for a City of Meridian Pawnbroker License.

In violation of any provision of this chapter.

Conduct a regulated transaction where any required license, permit, and/or certification required for such transaction, including, but not limited to, a City of Meridian Precious Metal Dealer License or precious metal dealer endorsement for a City of Meridian Pawnbroker License, is expired or is not valid and current for any reason.

Misrepresent any purpose, procedure, or consequence of a regulated transaction.

Represent the issuance of a City of Meridian Precious Metal Dealer License or precious metal dealer endorsement for a City of Meridian Pawnbroker License as an endorsement or recommendation of such licensed activity.

Fail to create, transmit, and/or retain records of regulated transactions as required by this chapter.

Falsify any official record or entry on an official record required to be kept pursuant to this chapter or transmit any false record to the police.

Obliterate, destroy, or remove from the place of business any records required to be kept pursuant to this chapter.

Refuse to allow the Chief of Police or designee, upon provision of an active law enforcement investigation report number, to conduct a meaningful inspection of the business premises, or any records or other goods located or required to be located at the place of business, during regular and usual business hours.

10.

Fail to report to the Meridian Police Department, within twenty-four (24) hours, the acquisition or attempted sale of precious metals reasonably believed to be lost or stolen.

11.

Remove or allow removal from the premises any item acquired in a regulated transaction within seven (7) calendar days following the receipt of said property.

12.

Enter into a regulated transaction with a person who is under eighteen (18) years of age; incompetent; or under the influence of drugs or alcohol.

13.

Allow any agent or person in his or her employ, charge, contractual control, or tenancy to conduct a regulated transaction where such agent, employee, charge, contractor, or tenant does not meet the qualifications for licensing as a precious metal dealer, except that only the owner or operator of the premises where regulated transactions are conducted shall be required to obtain a City of Meridian Precious Metal Dealer License.

Prohibited acts by parties to regulated transactions. It shall be unlawful for any person to:

Provide a false name or address, or any false, untrue or misleading information or statement in the course of a regulated transaction.

Offer or attempt to engage in a regulated transaction where such person is not the bona fide owner of such item or shown to be the agent of the bona fide owner of such item.

Offer or attempt to engage in a regulated transaction where a reasonable person would believe that the item offered is stolen.

Ord. 11-1488, 9-20-2011, eff. 11-1-2011)

Footnotes:

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Editor's note— Sec. 10 of Ord. No. 22-2003, adopted November 1, 2022, repealed Ch. 10 in its entirety. Former Ch. 10 pertained to adult entertainment, consisted of §§ 3-10-1—3-10-15, and derived from Ord. No. 792, adopted April 7, 1998; and the 1999 Code.

For the purposes of this chapter, the following words and phrases shall have the meanings ascribed to them in this section:

Dependent trailer coach or mobile home means a trailer coach or mobile home which does not have a toilet and a bathtub or shower.

Driveway means 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 means the legally designated health authority of the City of Meridian, Ada County, Idaho, or his authorized representative, including the State Department of Health, Central District Health Department or the City Council.

Independent trailer coach or mobile home means a trailer coach or mobile home that has a toilet and a bathtub or shower.

Mobile home means 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.

Mobile home lot or trailer coach space means a plot of ground within a trailer court or mobile home park designated for the accommodation of one (1) single trailer coach or mobile home and for the exclusive use of its occupants.

Mobile home stand pad means that part of an individual lot which has been reserved for the placement of one (1) mobile home unit.

Park management means the person who owns or has charge, care or control of the mobile home park or trailer court.

Park street means a private way which affords principal means of access to individual mobile home lots or auxiliary buildings.

Permit or license means 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.

Person means any individual, firm, trust, partnership, public or private association or corporation.

Service building means 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 means 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 means that portion of the sewer lateral which extends vertically to the ground elevation and terminates at each mobile home lot.

Trailer: See definition of "mobile home".

Trailer court or mobile home park means 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 definition of "mobile home park or trailer court".

Water connection means 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 means 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; 1999 Code)

Editor's note— Sec. 11 of Ord. No. 22-2003, adopted November 1, 2022, repealed § 3-11-2, which pertained to mobile home park permit conditions and requirements, and derived from Ord. No. 207, adopted June 1971; Ord. No. 222, adopted February 7, 1972; and the 1999 Code.

Editor's note— Sec. 11 of Ord. No. 22-2003, adopted November 1, 2022, repealed § 3-11-3, which pertained to permit for operation of mobile home parks, and derived from Ord. No. 207, adopted June 1971; and Ord. No. 222, adopted February 7, 1072.

Inspections authorized. The health authority is hereby authorized and directed to make such inspections as are necessary to determine satisfactory compliance with this chapter.

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.

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.

Allowing free access.

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.

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 chapter.

(Ord. 207, 6-1971)

Editor's note— Sec. 11 of Ord. No. 22-2003, adopted November 1, 2022, repealed § 3-11-5, which pertained to notices, hearings and orders, and derived from Ord. No. 207, adopted June 1971.

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.

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 (1) year.

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.

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.

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.

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.

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.

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; 1999 Code)

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.

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.

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.

Park areas for nonresident uses.

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.

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.

Required separation between mobile homes.

General requirements. Mobile homes shall be separated from each other and from other buildings and structures by at least ten (10) feet, which is to be interpreted that each mobile home shall be at least five (5) feet 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 (6) feet between each other which is to be interpreted that they shall have at least a three-foot 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 (10) feet between mobile homes or that the mobile home be set back five (5) feet from the property or lot line.

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.

Required recreation areas.

Requirement. In all parks accommodating or designed to accommodate twenty-five (25) or more mobile homes, there shall be one (1) or more recreation areas which shall be easily accessible to all park residents.

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.

Location. Recreation areas shall be so located as to be free of traffic hazards and should, where the topography permits, be centrally located.

Required setbacks, buffer strips and screening.

Distance from public street. All mobile homes shall be located at least twenty-five (25) feet in back of curb from any park property boundary line abutting upon a public street or highway.

Distance from park street. There shall be a minimum distance of five (5) feet between the mobile home stand and abutting park street.

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.

Park street system and car parking.

General requirements. All mobile home parks shall be 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 11 of this Code).

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 (100) feet from its point of beginning, unless approved by the City Council.

Internal streets. Surfaced roadways shall be of adequate width to accommodate anticipated traffic, and in any case shall meet the following minimum requirements:

All streets, except minor streets: Thirty-six (36) feet (curb face to curb face).

Minor streets: Thirty-two (32) feet (curb face to curb face).

Dead end streets shall be limited in length to four hundred fifty (450) feet and shall be provided at the closed end with a turnaround having an outside roadway diameter of at least eighty (80) feet curb face to curb face and a street property line diameter of at least ninety (90) feet.

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 (80) degrees.

Trailer Parking.

It shall be illegal to park a trailer coach less than fifteen (15) feet from any street or highway right of way, or so that any part of such trailer will obstruct any roadway or walkway.

It shall be illegal to allow any trailer coach to remain in a trailer court unless a trailer coach space is available.

Each trailer coach space shall contain a minimum of: single unit, two thousand four hundred (2,400) square feet; double unit, three thousand six hundred (3,600) square feet; shall be at least thirty (30) feet in width, and shall be at least eighty (80) feet 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.

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.

No trailer is to be placed on too small a lot.

No trailer shall be placed on any lot in such a manner as to encroach beyond the setback provisions of this chapter.

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:

Be provided at the rate of two (2) car spaces for each mobile home lot.

Be located within a distance of two hundred (200) feet from the mobile home to be served, unless other vehicular access is provided.

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:

All parts of the park street systems.

Potentially hazardous locations, such as major street intersections and steps or stepped ramps.

Street constructions and design standards. Such standards shall conform to minimum standards of county and city codes, in addition to:

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 roads.

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) percent with a maximum grade being seven (7) percent for secondary and major streets and ten (10) percent 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.

Intersections. Within one hundred (100) feet of an intersection, streets shall be at approximately right angles; a distance of at least one hundred fifty (250) feet shall be maintained between center lines of offset intersecting streets. Intersections of more than two (2) streets at one point shall be avoided.

Fences.

Location, height and density. In any yard adjacent to a street and within ten (10) feet from the curb line to such street, fences, walls and hedges may be up to forty-eight (48) inches in height, when that portion of the fence above twenty-four (24) inches is at least seventy-five percent (75%) open when measured at ninety (90) degrees to the fence. Fences located in a yard area other than above described may be up to seven (7) feet in height.

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.

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.

Walks.

General requirements. All parks shall be provided with 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.

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 (4) feet and shall be constructed of concrete.

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 (3) feet.

Mobile home stands.

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.

The mobile home stand shall not heave, shift or settle unevenly under the weight of the mobile home due to frost action, inadequate drainage, vibration or other forces acting on the structure.

(Ord. 207, 6-1971; Ord. 222, 2-7-1972; Ord. 520, 10-17-1989; 1999 Code)

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.

Source of supply.

Supply capacity. The water supply shall be capable of supplying a minimum of one hundred twenty-five (125) gallons per day per mobile home.

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.

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.

Private water supply. The treatment of a private water supply shall be in accordance with applicable laws and regulations.

Water distribution system.

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.

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.

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.

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.

Fire hydrants. Fire hydrants shall be required to maintain safe standards of fire protection, and shall be located not more than five hundred (500) feet from any trailer stand.

Individual water riser pipes and connections.

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.

Requirements. Water riser pipes shall extend at least four (4) inches above ground elevation. The pipe shall be at least three-fourths (¾) inch. The water outlet shall be capped when a mobile home does not occupy the lot.

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.

Shutoff valve. A shutoff valve below the frost line shall be provided near the water riser pipe on each mobile home lot.

Stop and waste valves. Underground stop and waste valves shall not be installed on any water service.

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.

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 movement 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 (2) feet 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.

Individual sewer connections.

Sewer riser pipe. Each mobile home stand shall be provided with at least a three-inch 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.

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 (¼) inch per foot. The sewer connection shall consist of one (1) pipeline only without any branch fittings. All joints shall be watertight.

Materials. All materials used for sewer connections shall be semi-rigid, corrosive resistant, absorbent and durable. The inner surface shall be smooth.

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 (4) inches above ground elevation.

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.

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; Ord. 222, 2-7-1972)

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.

Power distribution lines.

Underground installations. Main power lines shall be installed underground and must comply with all local and state requirements.

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 (18) inches below the ground surface, and specially designed for the purpose. Such conductors shall be located not less than one (1) foot radial distance from water, sewer, gas or communication lines.

Individual electrical connections. Individual electrical connections shall conform to the requirements of the Electrical Code of the city.

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)

Note— See Title 10, chapter 3 of this Code.

General requirements. The requirements of this section shall apply to service buildings, recreation buildings and other community service facilities such as:

Management offices, repair shops and storage areas;

Sanitary facilities;

Laundry facilities;

Indoor recreation areas;

Commercial uses supplying essential goods or services for the exclusive use of park occupants.

Service buildings. Every trailer court that accepts or accommodates dependent trailer coaches shall provide adequate flush type toilet fixtures and laundry facilities. In no instance shall there be less than one (1) laundry unit, two (2) water closets, one (1) lavatory and one (1) shower or bathtub for women and one (1) 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 one-third (⅓) of the additional water closets.) One (1) 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 (200) feet from the service buildings. There shall be one (1) laundry tray for every twenty (20) dependent trailer coach spaces. One (1) shall be located at least fifteen (15) feet or more from any trailer coach space.

Structural requirements for buildings.

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.

Sanitary or laundry facilities. All rooms containing sanitary or laundry facilities shall:

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.

Have at least one (1) 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 (10) percent of floor space served by them. Such openings shall be adequately screened.

Have at least one (1) 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.

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.

Illumination. Illumination levels shall be maintained as follows:

General seeing tasks, five (5) foot-candles;

Laundry room work area, forty (40) foot-candles;

Toilet room, in front of mirrors, forty (40) foot-candles.

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.

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.

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)

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.

Containers. All refuse shall be stored in flytight, watertight, rodentproof containers, which shall be located not more than one hundred fifty (150) feet 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.

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.

Collection. All refuse containers 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 week in summer according to Title 4, Chapter 1 of this Code.

Incinerators.

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.

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.

Garbage prohibited. Trash incinerators shall not be used for the disposal of garbage.

(Ord. 207, 6-1971)

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.

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.

Storage areas. Storage areas shall be so maintained as to prevent rodent harborage; lumber, pipe and other building material shall be stored at least one (1) foot above the ground.

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.

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)

Natural gas system.

General requirements. Natural gas piping systems shall be installed and maintained in accordance with applicable codes and regulations governing such systems.

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.

Liquefied petroleum gas systems.

General requirements. Liquefied petroleum gas systems shall be installed and maintained in accordance with applicable codes and regulations governing such systems.

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.

Means of shutting off gas. Systems shall have at least one (1) accessible means for shutting off gas. Such means shall be located outside the mobile home and shall be maintained in effective operating condition.

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.

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.

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 (15) feet or more from any adjacent lot line.

Fuel oil supply systems.

General requirements. All fuel oil supply systems shall be installed and maintained in accordance with applicable codes and regulations governing such systems.

Piping installation. All piping from outside fuel storage tanks or cylinders to mobile homes shall be permanently installed and securely fastened in place.

Fastening of and location of tanks. All fuel oil storage tanks or cylinders shall be securely fastened in place and shall not be located inside or beneath any mobile home or less than five (5) feet from any mobile home exit.

Tanks subject to traffic. Storage tanks located in areas subject to traffic shall be protected against physical damage.

(Ord. 207, 6-1971)

General requirements. Mobile home parks shall be kept free of litter, rubbish and other flammable materials.

Portable extinguishers. Portable fire extinguishers rated for class B and C fires shall be kept in service buildings. Their capacity shall not be less than two and one-half (2½) pounds.

Fires in stoves. Fires shall be made only in stoves, incinerators and other equipment intended for such purposes.

Fire hydrants. Fire hydrants shall be located within five hundred (500) feet 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 Code and authority.

(Ord. 207, 6-1971; Ord. 222, 2-7-1972)

Note— See Title 10, Chapter 4 of this Code.

Responsibilities of park management.

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.

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.

Supervise placement of homes and stands. The park management shall supervise the placement of each mobile home on its mobile home stand.

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 park.

Notify city of contagious disease. The park management shall notify the City Clerk immediately of any suspected communicable or contagious disease within the park.

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 (5) feet from adjacent trailer coach spaces; and has a minimum setback of fifteen (15) feet from any public street or highway right-of-way.

Responsibilities of park occupants.

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.

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.

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.

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:

The storage area shall be provided with a base of impervious material.

Stored items shall be located so as not to interfere with the underneath inspection of the mobile home.

The storage area shall be enclosed by skirting.

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, insect-proof and watertight, in conformance to Title 4, Chapter 1 of this Code.

Fire extinguishers. First aid fire extinguishers for class B and C fires shall be kept at the premises and maintained in working condition.

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; Ord. 222, 2-7-1972)

Note— See Titles 9 and 10 of this Code.

No trailer coach shall be used for dwelling or sleeping purposes except in a trailer court.

(Ord. 112, 6-5-1961)

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 hereof, 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)

This chapter shall be effective on and after June 7, 1971.

(Ord. 207, 6-1971)

Any person who violates any provision of this chapter shall, upon conviction, be subject to penalty as provided in Section 1-2-1 of this Code; and each day's failure of compliance with any such provision shall constitute a separate violation.

(Ord. 14-1620, 8-19-2014)

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Nearby Sections

CITY CODE OF MERIDIAN, IDAHO SUPPLEMENT HISTORY TABLE Title 1 - ADMINISTRATION Title 2 - COMMISSIONS AND COMMITTEES TITLE 3 - LICENSES AND PERMITS TITLE 4 - PUBLIC HEALTH AND SAFETY TITLE 5 - PARKS, RECREATION, AND FORESTR Title 6 - POLICE REGULATIONS TITLE 7 - TRAFFIC AND PARKING Title 8 - PUBLIC WAYS AND PROPERTY Title 9 - WATER AND SEWER Title 10 - BUILDING REGULATIONS Title 11 - UNIFIED DEVELOPMENT CODE Title 12 - SUBDIVISION AND DEVELOPMENT Title 13 - RESERVED CODE COMPARATIVE TABLE STATUTORY REFERENCES FOR IDAHO CITIES

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