Ordinance Text

Title 6 - POLICE REGULATIONS

This chapter shall be known as the "Police Department Ordinance."

(1999 Code)

There is hereby created a Police Department. The executive and administrative power of the Police Department shall vest in the Chief of Police who shall be appointed and serve at the pleasure of the Mayor upon confirmation of the City Council.

(1999 Code)

In the carrying out of the powers, duties and responsibilities of the Chief of the Police Department as set out in this chapter, the Chief of the Police Department shall report to and coordinate with the Mayor.

(1999 Code)

The Chief of Police shall exercise all of the powers and duties necessary to carry out the proper administration of the Police Department and may delegate duties to employees and officers of the Police Department.

The Police Department shall have the power to enforce all penal and regulatory laws of the state and the city and to preserve order and exercise any and all powers, duties and authority of any Sheriff or other peace officer anywhere in the state within the limits of the boundaries of the city, in the same manner and with like authority as the Sheriff of any county of the state; said Police Department may employ, from time to time as authorized by the Mayor and City Council, such officers as may be deemed necessary to carry out these duties and powers, which officers shall be under the direction of the Chief of Police as the head of the department, in accordance with the established policy of the city as duly authorized by the City Council.

(1999 Code)

The Chief of the Police Department may enact such rules and regulations as he may deem advisable and necessary for the routine operation of the Police Department. Such rules and regulations may cover conduct of the members of the Police Department, uniforms and equipment to be worn or carried, hours of service, vacations, employee conduct, grievance procedures and all other matters necessary or desirable for the better efficiency of the department. The Chief of Police may not enact rules and regulations that conflict with city policy.

(Ord. 03-1013, 3-18-2003)

Division Created. There is hereby created as a division of the Police Department the Code Enforcement Division, which together with the personnel assigned to this division, shall be under the supervision and direction of the Chief of Police and commencing with fiscal year 2000-2001 budget of the Police Department.

Functions, Powers and Duties. The enforcement of all Meridian City Code regulations and all council actions, orders and decisions involving the issuance of licenses and/or permits, and including the service of notices of enforcement actions which responsibilities are not specifically provided for to other city officers and/or officials by other provisions of this Code.

Uniform and Parking Citations. Code Enforcement Officers shall be empowered to issue uniform citations and parking citations for violations of this Code as allowed by Idaho Code and directed by the Chief of Police or designee.

(Ord. 09-1397, 2-10-2009, eff. 4-1-2009)

The Chief of Police is hereby authorized to appoint special police officers. Upon appointment, special police officers shall be assigned to such functions, area of operation, duties and powers of police as may be designated by the Chief of Police. Special police officers shall act without pay unless otherwise provided by the Mayor and City Council.

(Ord. 02-948, 4-16-2002)

As used in this chapter, the following terms shall be defined as in this section provided:

Abandoned animal means an animal that is impounded in accordance with the provisions of this chapter, and is:

Suffering from serious injury, rabies, or other serious disease;

Not wearing a legible license when it is impounded;

Voluntarily relinquished by its owner; or

Not reclaimed by its owner after five (5) working days of such impoundment, except that such time shall be tolled where the dog owner appeals a declaration that the dog is an at-risk or dangerous dog.

Animal means any member of the animal kingdom, except members of the human race.

Animal control agency means an organization or agency designated and duly authorized by Meridian City Council to enforce the provisions of this chapter.

Animal Control Officer means any individual authorized by the City, by the Animal Control Agency, or by law to enforce the provisions of this chapter.

Animal shelter means an animal control facility designated by the City or the Animal Control Agency as the location for the impounding of animals.

At-risk dog means any dog that:

Without justified provocation bites or physically attacks a person without causing a serious injury, as defined in this Chapter; or

Without justified provocation and while at-large has killed, inflicted injury, or otherwise caused injury to a domestic animal by attacking a domestic animal not on the real property of the owner of the attacking dog.

Has previously been found to be an at-risk dog pursuant to the Idaho Code or a substantially conforming ordinance or statute from foreign jurisdiction.

Bite or bitten means the skin of an individual has been broken or penetrated by an animal's teeth in an act of aggression, attack or defense.

Cruelty to animals means the intentional and malicious infliction of pain, physical suffering, injury or death upon an animal, including, but not limited to.

Depriving of or failing to provide an animal with adequate food, water, shelter, and/or essential veterinary care.

Leaving an animal in one's possession, custody, control, or care unattended for more than thirty-six (36) hours.

Maliciously or cruelly killing, maiming, wounding, beating, mutilating, torturing, tormenting, overworking, or otherwise abusing any animal.

Allowing, arranging, or instigating a fight between two (2) animals, or training one (1) or more animals to fight other animals.

Making accessible to any animal, by any means, with intent to cause harm or death, any substance that is poisonous, or that has, in any manner, been treated or prepared with any harmful or poisonous substance, except that this definition shall not include the lawful use of poisonous substances for the control of rodents and/or insects in furtherance of the public health; nor shall this definition include the lawful use of poisonous substances by a veterinarian or animal control officer for the purposes of euthanizing an animal.

Dangerous dog means any dog that:

Without justified provocation has inflicted serious injury on a person;

Has previously been found to be at-risk and thereafter bites or physically attacks a person without justified provocation, with or without causing a serious injury;

Has previously been found to be a dangerous dog pursuant to Idaho Code or a substantially conforming ordinance or statute from a foreign jurisdiction; or

Has previously been found to be at-risk and thereafter inflicts injury to a domestic animal not on the real property of the owner of the dog.

10.

Dog means any male or female member of the canine family.

11.

Euthanasia means a procedure in which an animal is humanely killed by a method that is painless to the animal and causing unconsciousness and death.

12.

Impound means to deliver a seized animal to the city animal shelter.

13.

Justified provocation means to perform any act or omission that a reasonable person with common knowledge of dog behavior would conclude is likely to precipitate a bite or attack by an ordinary dog. Justified provocation includes, but is not limited to, the following:

The dog was protecting or defending a person within the immediate vicinity of the dog from an attack or assault;

The person who was bitten or attacked was committing a crime or offense upon the property of the owner or custodian of the dog;

The person who was bitten or attacked was willfully tormenting, abusing or assaulting the dog, or had done so in the past;

The dog was responding to immediate pain or injury or protecting its offspring;

The dog was working as a hunting dog, herding dog, or predator control dog on the property of, or under the control of, its owner or keeper, and the damage or injury sustained was to a person who was interfering with the dog while the dog was working in a place where it was lawfully engaged in such activity; or

The person was intervening between two (2) or more animals engaged in aggressive behavior or fighting, unless one (1) or both of the animals is at large.

14.

Livestock means domesticated animals, traditionally kept for use or profit, which are housed outdoors and/or in outdoor enclosures such as pens, barns, barnyards, pastures, corrals, coops, sties, stables, or paddock areas. Livestock shall include, but is not limited to horses, donkeys, mules, cattle, llamas, alpacas, swine, sheep, goats, rabbits, poultry, and/or domesticated birds, including chicken hens and roosters.

15.

Own means to be the owner thereof; or to keep, harbor, or possess; or to accept or maintain custody, control, or care thereof.

16.

Owner means any person owning, keeping, harboring, or possessing an animal, or accepting or maintaining custody, control, or care of an animal.

17.

Physically attack means an aggressive action upon a person by a dog in which there is physical contact between the dog and the person.

18.

Provoke means a person performing an act or omission that an ordinary and reasonable person would conclude is likely to precipitate dog aggression in the form of a bite or attack.

19.

Seize means to take custody of an animal.

20.

Serious injury means an injury to a person characterized by bruising, laceration, or other injury that would cause a reasonably prudent person to seek treatment from a medical professional without regard to whether the person actually sought medical treatment.

21.

Veterinarian means a doctor licensed to practice veterinary medicine in the State of Idaho.

(Ord. 13-1578, 9-24-2013, eff. 10-1-2013; Ord. No. 22-2002, § 1, 11-15-2022)

Animal control agency. City Council shall appoint an Animal Control Agency and authorize same to enforce the provisions of this chapter.

Animal control officers. The Chief of Police or the duly appointed animal control agency shall appoint animal control officers who shall, under the direction of the Chief of Police, or the animal control agency, have the authority to enforce the provisions of this chapter. Additionally, animal control officers shall be authorized to.

Seize and impound animals that are at large and unattended in city limits.

Seize, impound, and euthanize animals in accordance with the provisions of this chapter.

Remove and properly dispose of the carcass of any dead animal found in any public place.

Declare that an animal is abandoned.

Decide whether an abandoned animal shall be euthanized or made available for adoption.

Declare that a dog is a dangerous or at-risk dog.

Seize and impound dangerous or at-risk dogs in accordance with the provisions of this chapter, and euthanize same as authorized by this chapter.

Issue uniform citations for violations of this chapter. The notice of ordinance violation may be signed by any person witnessing a violation as well as the witnessing Animal Control Officer whose name shall be affixed on the notice of ordinance violation.

City animal shelter. City shall designate a city animal shelter. Such animal shelter shall provide adequate physical accommodations, materials, and staffing to provide basic housing, feeding, watering, vaccination, and supervision of animals impounded therein.

(Ord. 13-1578, 9-24-2013, eff. 10-1-2013; Ord. No. 22-2002, § 2, 11-15-2022)

Dog license required.

Each dog owner living in or visiting Meridian for thirty (30) days or longer shall obtain a City of Meridian Dog License for each dog that is owned by such person and that is more than six (6) months of age.

Application for a City of Meridian Dog License shall be made to the City Clerk or licensing designee duly authorized by the city as set forth in this chapter. Such application shall include the following:

A completed application form, which form shall include the name, physical address, mailing address, and telephone number of dog owner and a description of dog to be licensed;

A valid spay or neuter certification, if applicable; and

Applicable dog license fee per fee schedule. Where the fee schedule provides for a lower license fee for a spayed or neutered dog, the city or its licensing designee shall allow the payment of the lower license fee only upon the dog owner's presentation of a certificate of neuter or spay issued by a veterinarian or by the Idaho Humane Society. License fees shall be waived for:

(1)

The owner of any dog used by a visually impaired, hearing impaired, or disabled person and used as a seeing eye dog, hearing ear dog, or service dog shall not be required to pay a license fee. The city or its licensing designee shall allow this exception to the license fee only upon the dog owner's presentation of certification of the dog owner's visual or hearing impairment or disability by a licensed medical doctor.

(2)

The owner of any dog in training to serve as a seeing eye dog, hearing ear dog, or guide dog shall not be required to pay a license fee. The city or its licensing designee shall allow this exception to the license fee only upon the dog owner's presentation of proof that such dog is in training for such purpose.

(3)

Any dog owned by a public entity or public agency.

The City Clerk or licensing designee shall issue a dog license tag within two (2) working days of receipt of complete application materials and fees.

Annual licensing required. All City of Meridian Dog Licenses shall be valid for one (1) year from date of issuance.

Lost dog license tag. The city or its licensing designee shall reissue a lost dog license tag upon payment of lost dog tag fee as set forth in fee schedule and verification that the license tag sought to be replaced is a current and valid City of Meridian Dog License, which verification shall be made by reference to the official log(s) of the city or its licensing designee(s).

Dog licensing designees. In order to facilitate the licensing of dogs within the City of Meridian, the city may enter into agreements with the Idaho Humane Society, veterinarians, or vendors of pet products doing business within the City of Meridian authorizing such licensing designee to issue City of Meridian Dog Licenses on behalf of the city.

(Ord. 16-1713, 11-15-2016)

Impoundment. A police officer, animal control officer, or any other person may seize and impound all dogs or other animals at large. Any and all animals seized shall be immediately delivered to the city animal shelter for impoundment.

Redemption. The owner of any animal seized and impounded may recover possession of such animal upon payment to the city animal shelter of license, boarding, vaccination, rabies, medical, and all other fees as adopted by fee schedule or as actually incurred in the course of seizure, impoundment, or subsequent care or boarding of the animal. If the owner or representative of the owner of any animal seized and impounded shall fail to pay such fees and costs and recover possession of such animal within twenty-four (24) hours after actual notice to the owner or representative of the owner, or within five (5) days after reasonable and diligent effort to notify the owner or representative of the owner, the animal control officer may dispose of such animal through adoption or euthanasia.

Surrender of living or dead dog. An animal control officer shall, upon a dog owner's request and payment of fee established by fee schedule, take possession of any dog, living or dead, that is owned by such person. The animal control officer may require proof of ownership before taking possession of a voluntarily relinquished dog. When a dead dog is voluntarily relinquished to an animal control officer, the animal control officer shall dispose of the dog.

(Ord. 13-1578, 9-24-2013, eff. 10-1-2013)

Declaration of abandonment. Animal control officers are authorized to declare that an animal is abandoned where such animal meets the definition thereof as set forth in this chapter.

Effect of declaration of abandonment. Upon the animal control officer's declaration that an animal is abandoned, such animal may be euthanized or made available for adoption by any person. The decision to euthanize an animal or to make an animal available for adoption shall be made in the sole discretion of the animal control officer based on factors including, but not limited to, the health, disposition, behavior, and/or adoptability of the animal.

(Ord. 13-1578, 9-24-2013, eff. 10-1-2013)

Purpose. Dangerous and at-risk dogs found within the boundaries of the City of Meridian present a risk to the health, safety, and welfare of persons and other animals. The purpose of this section is to provide policies and procedures for the safe management of dangerous and at-risk dogs to promote the public health, safety, and welfare, while also promoting the humane and ethical treatment of animals.

Procedure for designating a dog as dangerous or at-risk.

If an animal control officer has probable cause to believe a dog is dangerous or at-risk, as those terms are defined in this Chapter, the officer shall have authority to designate the dog as dangerous or at-risk and shall serve a written notice of designation on the owner of the dog. An animal control officer shall have authority to designate an animal regardless of whether or not an owner has been charged with a crime. The notice of designation shall:

Be personally served on the owner by an animal control officer or other authorized person, or mailed to the owner via U.S. mail.

Identify whether the dog is being designated as dangerous or at-risk;

Identify the date on which the officer determined the dog to be dangerous or at-risk;

Provide a description of the factual circumstances and events that support the officer's decision to designate the dog as dangerous or at-risk;

Provide a clear description or photograph of the dog;

Provide notice that the owner may appeal the officer's decision to designate the animal as dangerous or at-risk, describe the appeal process as set forth in this chapter and explain that if the owner chooses to appeal the officer's decision, the owner shall be responsible for any fees associated with boarding and caring for the dog during the time the petition and any additional proceedings are pending, as well as any fees associated with processing and considering the appeal, pursuant to the fee schedule of the animal control agency;

Provide notice that the officer's designation decision shall become final after ten (10) business days if the owner fails to appeal the notice of designation;

Provide notice that the owner of a dog designated as at-risk or dangerous may either keep the dog in their possession and be subject to the restrictions the animal control agency puts in place for the keeping of such dog, or may voluntarily relinquish custody of a dog to the animal control agency; and

Provide notice that a dog voluntarily relinquished to, or seized by, the animal control agency pursuant to this section may be adoption or euthanasia, in the sole discretion of the animal control agency.

No dog may be designated as dangerous or at-risk when, at the time an injury or damage was sustained, the precipitating cause constituted justified provocation, as defined in this chapter.

An animal control officer has the authority to seize and impound a dog that has been determined, by an animal control officer, to be a dangerous dog. Where the officer chooses to leave the dog in the owner's custody and care, based upon the owner's express willingness to comply with requirements and restrictions for keeping such dogs as set forth herein, the officer shall provide notice to the owner of the requirements and restrictions for keeping at-risk dogs as provided in this section.

When an animal control officer designates a dog as at-risk the animal control officer shall have authority, but is not required, to seize and impound the dog. Where the officer chooses to leave the dog in the owner's custody and care, based upon the owner's express willingness to comply with requirements and restrictions for keeping such dogs as set forth herein, the officer shall provide notice to the owner of the requirements and restrictions for keeping at-risk dogs as provided in this section.

Appeal. An affected person, shall have a right to appeal an animal control officer's decision to designate a dog as dangerous or at-risk. These appeal procedures shall not apply to the appeal of criminal charges that may be imposed under this section.

The dog owner may file an appeal with the director of the animal control agency.

The appeal must be in writing, must be accompanied by the fee for processing such appeal per the animal control agency's fee schedule, and must be received by the director within ten (10) business days of the mailing of notice or service of the notice of designation.

The written appeal shall briefly set forth the factual or legal basis for disputing the designation.

Upon receipt of the appeal, the director shall schedule the matter for a hearing to be held no sooner than fourteen (14) days, nor longer than twenty (21) days from the date of receipt of the petition.

The director shall provide the dog owner notice of date, time, and location of the hearing by sending the written notice via U.S. mail. If the owner is unavailable on the scheduled date, the owner and director may continue the hearing to a mutually agreed upon date within fourteen (14) days of the original hearing date.

The director, or the director's designee, shall act as a hearing officer at the scheduled hearing. The hearing may be held in person or conducted telephonically at the discretion of the director. At this hearing, the owner shall have the opportunity to present argument and evidence to the hearing officer to refute the designation. The animal control officer who made the enforcement decision shall attend the hearing to offer argument or evidence in support of the enforcement decision.

After considering the argument and evidence presented, the hearing officer shall enter a decision either sustaining or vacating the designation, which decision shall be supported by a preponderance of the evidence. The decision shall be written and sent to the petitioner via U.S. mail no later than seven (7) days after the hearing.

Failure by the owner to attend the hearing shall constitute waiver of their appeal, and the designation shall be considered the final decision of the animal control agency.

The animal control agency is authorized to adopt and collect a fee to recover costs associated with processing and considering the appeal.

10.

The owner shall be responsible for any fees associated with boarding and caring for the dog during the time the appeal and any additional proceedings are pending.

Keeping dangerous dogs. The owner of a dog designated as dangerous, or a new adoptive owner of a dog designated as dangerous prior to being adopted, shall comply with the following restrictions for the keeping of such dog within the boundaries of the City of Meridian:

The owner shall license the dog as required by this Chapter.

The dog shall be registered with the animal control agency as a dangerous dog.

The owner shall have a microchip implanted in the dog that allows for identification of the animal and shall report the microchip number to the animal control agency.

The owner shall be required to procure and maintain dog liability insurance or other insurance policy of not less than one hundred fifty thousand dollars ($150,000.00) for a dog that is designated as dangerous based on an attack or injury inflicted on any person, and/or dog liability insurance or other insurance policy in the amount of twenty thousand dollars ($20,000.00) in the case of a dog that is designated as dangerous based solely on attacks or injuries inflicted on another animal. Such insurance policy shall cover any and all damage or injury that may be caused by such dangerous dog, and shall be in place for the life of the dog. The City of Meridian shall be named as an additional insured party on this policy for the purpose that the City will be notified by the insurance company if the policy is cancelled, terminated, or otherwise expires.

The dog shall be contained within a secure enclosure on the owner's property; this enclosure may be a fence, kennel, or other adequate means of containing the animal to the owner's property. The animal control agency shall be permitted to inspect such enclosure annually, and if the enclosure is found to be defective or inadequate, an animal control officer may seize and impound the dog until the enclosure is found to be adequate.

The owner shall be required to post signs on their property that announce to other persons that there is a dangerous dog on the property. Such signs must be placed at any and all potential entrance points to the yard and home (such as at gates, doors, and on the enclosure where the dog is kept), and must include words indicating the presence of a "vicious" or "dangerous" dog. A sign merely stating "Beware of Dog," without also identifying the dog to be "vicious," or "dangerous," shall be insufficient.

In the event the owner takes the dog off the owner's property, at all times, the owner shall keep the dog on a leash no greater than three (3) feet in length, and the dog shall also be required to wear a muzzle. The leash must be of adequate strength to restrain the dog, and the person holding the leash must be physically capable of restraining and controlling the dog. The owner shall not allow the dog to be off leash within the City of Meridian, including in any areas designated as off leash areas. The owner shall ensure that the dog does not have physical contact with any other dog or person other than the owner or immediate family of the owner when off the property of the owner.

The owner shall spay or neuter the dog.

The owner shall schedule and obtain annual inspections of the dog and the enclosure by the animal control agency.

10.

The owner shall receive a copy of these restrictions, and sign an agreement to comply with these restrictions for the keeping of dangerous dogs within the boundaries of the City of Meridian.

Keeping at-risk dogs. The owner of a dog designated as at-risk, or a new adoptive owner of a dog designated as at-risk prior to being adopted, shall be subject to the following restrictions for the keeping of such dog within the boundaries of the City of Meridian:

The owner shall license the dog as required by this Chapter;

The owner shall have a microchip implanted in the dog that allows for identification of the animal and shall report the microchip number to the animal control agency;

The dog shall be contained within an enclosure on the owner's property; this enclosure may be a fence, kennel, or other adequate means of containing the animal to the owner's property. The animal control agency shall be permitted to inspect such enclosure, and if the enclosure is found to be defective or inadequate by the agency the owner shall not be permitted to keep the dog until the enclosure improved as requested by the animal control agency. Therefore, the dog may be impounded until the enclosure is repaired or improved. Failure to improve the enclosure shall result in the inability of the owner to keep the at-risk or dangerous dog;

In the event the owner takes the dog off their property, the dog shall be on a leash no greater than six (6) feet in length. Further the leash must be of adequate strength to restrain the dog, and the person holding the leash must be physically capable of restraining and controlling the dog; the dog must not be allowed to be off leash within City limits including any areas designated as off leash areas, the dog shall not be kept at dog care facilities where dogs are kept in group off leash housing. The owner or custodian of the dog shall ensure that the dog is not allowed to have physical contact with any other dog or person other than the keeper, custodian or immediate family of the owner when off the property of the owner.

Noncompliance; seizure of dog. In addition to any criminal penalties, failure to comply with any of the restrictions in subsection (C) or (D) above may result in the dog being immediately seized and impounded. An owner is permitted to redeem the animal from impound so long as the owner comes into compliance with the provisions of subsection (C) or (D), whichever is applicable, within ten (10) days of the dog being seized. If the owner fails to come into compliance with the provisions of the applicable subsection (C) or (D) within ten (10) days of the dog being seized, the animal control agency may place the dog up for adoption or euthanize the dog, in accordance with the adoption or euthanasia provisions set forth in this Chapter.

Transfer of ownership of at-risk or dangerous dogs. If an owner of an at-risk or dangerous dog transfers ownership of the dog to another person, the original owner shall be obligated to notify the new owner of the designation. Further, the original owner shall be obligated to notify the City of the transfer of ownership of the animal, and provide to the animal control agency the name, physical address, and telephone number of the new owner of the dog. The new owner shall comply with the requirements set forth in this section for keeping at-risk or dangerous dogs.

Disposition of dogs designated as dangerous or at-risk.

In the event a dog designated as dangerous again, while unprovoked, physically attacks a person, or a domestic animal, such dog shall be subject to immediate impounding by the animal control agency. If the designation is not appealed to the animal control agency or upheld on appeal the dog shall be humanely euthanized as expeditiously as reasonably possible. Such second attack need not cause serious injury for this provision to apply.

Where a dangerous or at-risk dog is voluntarily relinquished to the animal control agency by the owner, or where the owner does not redeem the dog from impound within the timelines set forth in this Chapter, the animal control agency shall be permitted to place the dog for adoption if, in agency's judgment, the dog can be safely adopted to a new home. Where the agency concludes the dog cannot be safely adopted, the agency shall humanely euthanize such animal.

If the animal control agency chooses to place for adoption a dog currently or previously designated as dangerous or at-risk, the animal control agency shall provide written notice to the person(s) adopting the dog of its current or previous designation. Prior to approving the adoption, the agency shall obtain a written signed waiver from the adopting person(s) indicating they are aware of the dog's designation. Further, where the designation is currently in place and not expired or vacated, the animal control agency shall notify the person(s) adopting the animal of the restrictions placed on an owner of such animal provided for in Meridian City Code subsection 6-2-6(C) or (D), and the owner shall comply with these restrictions. The agency shall obtain a written signed waiver from the adopting person(s) indicating they are aware of the dog's designation.

The animal control agency, in its sole discretion, shall be authorized to deny a request to adopt a dangerous or at-risk dog. The agency's decision to deny an adoption request under this provision is not subject to appeal.

The animal control agency shall keep records of dogs designated as dangerous or at-risk. The records kept shall include, without limitation, information identifying the dog (including name, breed, color and markings description, microchip number, and gender), the date of the notice of designation, and the name and contact information for the current owner of such dog.

Expiration or cancellation of at-risk designation. The designation as an at-risk dog shall expire twenty-four (24) months after the notice of designation is served on the current or previous owner, provided the dog has not committed an act during that twenty-four-month period that would constitute grounds to designate the dog as dangerous or again designate the dog as at-risk.

Owner to pay fees. The owner of a dog impounded under any provision of this section shall be liable to the animal control agency for fees and costs associated with boarding and caring for the animal until the animal is redeemed from impound, adopted, or euthanized, except where the animal was voluntary relinquished to the animal control agency.

Noncompliance. An owner of a dog who violates or fails to comply with any provision of Meridian City Code section 6-2-6 shall be guilty of a misdemeanor.

Exceptions. No dog owned, maintained, or kept for work as a law enforcement dog, either currently or retired, may be declared dangerous or at-risk if the action that would be so defined by this definition took place while the dog was acting within its capacity for law enforcement purposes.

(Ord. No. 22-2002, § 3, 11-15-2022)

Editor's note— Sec. 3 of Ord. No. 22-2002, adopted November 15, 2022, amended § 6-2-6 in its entirety to read as herein set out. Former § 6-2-6 pertained to declaration of vicious dog, and derived from Ord. No. 12-1518, adopted June 26, 2012; and Ord. No. 13-1578, adopted September 24, 2013.

Stable refuse care. It shall be unlawful to allow stable refuse to accumulate in such a manner that it becomes unsightly and/or offensive to the smell. It is hereby required that such refuse be removed from the legal sanitary limits of the city at least once each week.

Undue noises. It shall be unlawful to harbor or allow to remain within the corporate limits of the city any livestock which emits noises disturbing to residents of the city.

Stock tight fences. It shall be unlawful to allow or maintain fences which are inadequate to keep livestock within the confines of the plot, lot or pasture where such livestock is normally harbored.

(Ord. 12-1518, 6-26-2012)

A court sentencing a person for a violation of this chapter may assess court costs in addition to the fines and penalties set forth herein.

Barking dog. It shall be unlawful for any dog owner to permit a dog owned by such person to carry on excessive, continuous or untimely barking or noise. A violation of this subsection shall constitute an infraction punishable by a fine of one hundred dollars ($100.00).

Reserved.

Damage to property. It shall be unlawful for any person owning any animal to cause or allow such animal to damage private or public property without the consent of the property's owner. A violation of this subsection shall constitute a misdemeanor punishable by a fine of three hundred dollars ($300.00) and ninety (90) days' jail.

Dog at large in public place. Except as otherwise allowed by law, it shall be unlawful for any dog owner to allow or cause any dog owned by such person to be or remain in any public place, unless such dog is controlled by a leash not exceeding six (6) feet in length. A person's first violation of this subsection shall constitute an infraction punishable by a fine of one hundred dollars ($100.00). A person's second violation of this subsection shall constitute an infraction punishable by a fine of two hundred dollars ($200.00). A person's third violation of this subsection shall constitute an infraction punishable by a fine of three hundred dollars ($300.00). The animal control officer may seize and impound any dog found in violation of this subsection.

Dog at large on private premises. It shall be unlawful for any dog owner to allow or cause such dog to be or remain upon any private premises without the consent of the person in possession of such premises. A person's first violation of this subsection shall constitute an infraction punishable by a fine of twenty-five dollars ($25.00). A person's second violation of this subsection shall constitute an infraction punishable by a fine of fifty dollars ($50.00). A person's third violation of this subsection shall constitute a misdemeanor punishable by a fine of three hundred dollars ($300.00) and ninety (90) days' jail. The animal control officer may seize and impound any dog found in violation of this subsection.

Dog attacking or biting. Any owner of a dog which, when unprovoked, attacks or bites another person or other domestic animal upon the streets, sidewalks, any public grounds or places, or private property not owned or possessed by the owner of the biting dog, shall be guilty of a misdemeanor punishable by a fine of three hundred dollars ($300.00) and ninety (90) days' jail. The animal control officer may seize and impound any dog found in violation of this subsection. Where a dog seized pursuant to this provision shows any symptom of rabies or has not been vaccinated for rabies, the animal control officer shall deliver the biting animal to the Idaho Humane Society or to a licensed veterinarian for examination for rabies, and all related costs of such examination shall be paid by the dog owner upon demand from city. Such examination may include, at the discretion of the Idaho Humane Society or veterinarian to whom the biting dog is surrendered, a period of quarantine, confinement, and/or impoundment. If such biting dog is determined to be free of rabies, the dog shall be returned to the owner upon payment to the Idaho Humane Society or licensed veterinarian who examined such animal of all related fees and/or costs. If such biting dog is determined to be afflicted with rabies, the biting dog shall be euthanized according to the provisions of this chapter.

Dog rushing. It shall be unlawful for any owner of a dog which, when unprovoked, in a vicious or terrorizing manner, approaches any person in apparent attitude of attack upon the streets, sidewalks, any public grounds or places, or private property not owned or possessed by the owner of the dog. A violation of this subsection shall constitute a misdemeanor punishable by a fine of three hundred dollars ($300.00) and ninety (90) days' jail.

Failure to display dog license tag. It shall be unlawful for any dog owner to fail to cause any licensed dog owned by such person to wear, at all times, a durable, secure collar bearing a valid City of Meridian Dog License Tag. Production of proof that such dog is licensed shall be an affirmative defense to a charge of violation of this subsection. The person raising such affirmative defense shall bear the burden of proof that such defense applies. A violation of this subsection shall constitute an infraction punishable by a fine of twenty-five dollars ($25.00).

Failure to license dog. It shall be unlawful for any dog owner to fail to obtain a City of Meridian Dog License for any dog owned by such person. It shall be an affirmative defense to a charge of violation of this subsection that such dog is six (6) months of age or younger. The person raising such affirmative defense shall bear the burden of proof that such defense applies. A person's first violation of this subsection shall constitute an infraction punishable by a fine of twenty-five dollars ($25.00). A person's second violation of this subsection shall constitute an infraction punishable by a fine of fifty dollars ($50.00). A person's third violation of this subsection shall constitute a misdemeanor punishable by a fine of three hundred dollars ($300.00) and ninety (90) days' jail.

Failure to update dog owner contact information. It shall be unlawful for any dog owner to fail to provide to the City Clerk's office updated contact information where there is a change in such dog owner's physical address, mailing address, and/or telephone number registered with any City of Meridian Dog License. A violation of this subsection shall constitute an infraction punishable by a fine of ten dollars ($10.00).

Failure to vaccinate dog against rabies. It shall be unlawful for any dog owner to fail to vaccinate his or her dog against rabies within the first year of the dog's life. Further, it shall be unlawful for any dog owner to fail to renew his or her dog's rabies vaccination every three (3) years.

Female dog in heat. It shall be unlawful for any owner of a female dog in heat to fail to enclose such female dog in such a manner as to preclude other dogs from attacking or being attracted to such female dog. A violation of this subsection shall constitute a misdemeanor punishable by a fine of three hundred dollars ($300.00) and ninety (90) days' jail.

Fraudulent display of dog license tag. It shall be unlawful for any dog owner to fail to cause or allow any dog owned by such person to wear a dog license tag issued for another dog, or to wear any imitation of a City of Meridian Dog License Tag. A violation of this subsection shall constitute a misdemeanor punishable by a fine of three hundred dollars ($300.00) and ninety (90) days' jail.

Harboring excess dogs. It shall be unlawful for any person to own; keep, harbor, possess, accept, or maintain custody, control, or care of; or license more than three (3) dogs at any single residence, property, or premises. It shall be an affirmative defense to a charge of violation of this subsection that such dogs comprise a single litter of puppies under six (6) months of age that is kept at a single location with the mother dog. The person raising such affirmative defense shall bear the burden of proof that such defense applies. A violation of this subsection shall constitute a misdemeanor punishable by a fine of three hundred dollars ($300.00) and ninety (90) days' jail.

Harboring rabid animal. It shall be unlawful for any person to own, keep, harbor, possess, accept, or maintain custody, control, or care of any animal afflicted with rabies. A violation of this subsection shall constitute a misdemeanor punishable by a fine of three hundred dollars ($300.00) and ninety (90) days' jail. The animal control officer may seize and impound any animal found in violation of this subsection.

Dangerous and at-risk dogs. It shall be unlawful for any person to violate or fail to comply with the provisions of Meridian City Code section 6-2-6. A violation of this subsection shall constitute a misdemeanor.

Improper disposal of dead dogs. It shall be unlawful for any person to place or leave any dead dog on public or private property, including premises lawfully owned or possessed by such person. A violation of this subsection shall constitute a misdemeanor punishable by a fine of three hundred dollars ($300.00) and ninety (90) days' jail.

Interference with animal control officer. It shall be unlawful for any person to hinder or interfere with in any manner an animal control officer who is enforcing any of the provisions of this chapter. A violation of this subsection shall constitute a misdemeanor punishable by a fine of three hundred dollars ($300.00) and ninety (90) days' jail.

Removal of dog feces. It shall be unlawful for any person to fail to promptly remove and dispose of, in a sanitary manner, any and all feces left by a dog owned or being handled by such person on property, public or private, other than the premises of the owner or handler of such dog. A violation of this subsection shall constitute an infraction punishable by a fine of twenty-five dollars ($25.00).

Unlawful reclamation of impounded dog. It shall be unlawful for any person to recover or attempt to recover possession of any impounded dog, in any manner contrary to city policy or the provisions of this chapter. A violation of this subsection shall constitute a misdemeanor punishable by a fine of three hundred dollars ($300.00) and ninety (90) days' jail.

(Ord. 16-1713, 11-15-2016; Ord. 19-1856, 12-10-2019; Ord. No. 22-2002, § 4, 11-15-2022)

Editor's note— Sec. 15 of Ord. No. 22-2003, adopted November 1, 2022, repealed § 6-2-9, which pertained to severability, and derived from Ord. No. 12-1518, adopted June 26, 2012.

Editor's note— Sec. 6-3-1, state law adopted, was repealed on June 23, 2015, by Ord. 15-1647.

Qualifying behavior. Any person who shall conduct himself or herself in a violent, noisy, or riotous manner, or in any way which commits a breach of the peace of another person(s), and/or who shall conduct himself or herself in a manner that endangers the health and safety of another person(s) and/or who conducts himself/herself in any manner as specified in this section, is guilty of disorderly conduct; and a violation of this section shall also include, but shall not be limited to, the following:

Accosting other persons within twenty-five (25) feet of a bank, automatic teller machine, or bill payment drop box, for the purpose of begging or soliciting alms.

Occupying, lodging or sleeping in any building, structure or place, whether public or private, or any automobile, truck, railroad car or other similar vehicles or equipment without the permission of the owner or person entitled to the possession or in control thereof.

Using any motor vehicle, motor home, travel trailer, as a residence upon any public street (highway) and/or alleyway or upon any other premises under the ownership and/or control of a government subdivision of the state.

Loitering, prowling or wandering upon the private property of another, without lawful business, permission or invitation by the owner or the lawful occupants thereof.

Loitering or remaining in or about school grounds or buildings, without having any reason or relationship involving custody of or responsibility for a pupil or student, school authorized functions, activities or use.

Willfully fleeing or attempting to elude a peace officer after being lawfully ordered to stop by an identified peace officer, or interfering with any police officer or authorized official of the City, in the performance of duties connected with enforcement of this section.

Lighting a cigarette, cigar, pipe, or any tobacco product, or refusing to extinguish same, on any public or private premises where smoking is prohibited. Such prohibition shall be indicated by means of a posted sign that.

Reads "no smoking", describes the premises as "smoke free", or contains the international no smoking symbol;

Uses letters at least one (1) inch in height; and

Is conspicuous, legible, unobscured, and placed at a height and location easily seen and read by persons entering or within the posted area.

Persons violating this section shall be guilty of an infraction and shall be subject to a fine of fifty dollars ($50.00).

Misdemeanor. Except as otherwise specified herein, any person violating this section shall be guilty of a misdemeanor.

Citation signature. Any peace officer empowered to enforce this provision of this Code is authorized to issue a uniform citation upon his/her own observation of a violation without the necessity of a citizen complainant's signature on the citation. By signing the citation, the peace officer empowered to enforce this provisions certifies that he/she has reasonable grounds to believe that the person cited committed the offense contrary to law. Any citizen or person in whose presence an alleged violation of this provision occurred may also sign a uniform citation, which is to be witnessed by a peace officer.

(Ord. 10-1444, 3-23-2010; Ord. No. 22-1995, §§ 1—3, 9-27-2022)

Definitions. For purposes of this section, the following terms shall be defined as follows:

Alcoholic beverage means any beverage containing alcohol, including liquor, spirits, beer, and/or wine.

Host means the person(s) in charge or control of a premises; the person(s) authorizing the use of a premises; the person(s) organizing or hosting a party at a premises; and/or the act of being in charge or control of, authorizing the use of, and/or hosting a party at a premises.

Minor means a person under the age of twenty-one (21) years.

Party means a party, gathering, event, or other assembly of persons for a social occasion or activity.

Premises means any private or public property, structure, or enclosure, including, but not limited to, a home, apartment, condominium, dwelling unit, meeting room, and/or hall, and/or the yard and/or cartilage thereof, whether such property is owned, rented, leased, or otherwise occupied.

Disorderly premises unlawful. It shall be unlawful for any person or persons to host a party.

Which is disruptive to the public peace, health, safety, or welfare due to the number of persons present, excessive noise, unruly behavior, excessive traffic, and/or destruction of property.

Where a minor is in possession of, consuming, or under the influence of an alcoholic beverage and the host knew or should have known that such person is a minor.

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, allowing, or causing any provision of this section shall be subject to any and all other applicable administrative, criminal, and/or civil penalties. The court may order restitution to be paid by the host of a party that requires a law enforcement or emergency response for the actual costs of such services incurred for the purpose of abating or responding to such violations.

(Ord. 09-1435, 12-8-2009)

Editor's note— Sec. 6-3-4, malicious injury to property, was repealed June 23, 2015 by Ord. 15-1647.

Editor's note— Sec. 6-3-5, trespassing, was repealed on June 23, 2015, by Ord. 15-1647.

Prohibited acts. Between the hours of 11:00 p.m. and 6:00 a.m., or at any time so as to unreasonably disturb or interfere with the peace, comfort or enjoyment of others, it is unlawful for any person to cause, or for any person in possession of property to allow to originate from such property, sound that is a public disturbance noise. The following sounds are determined to be public disturbance noise:

Horns or sirens. The frequent, repetitive or continuous sounding of any horn or siren attached to a motor vehicle, except as a warning of danger or as specifically permitted or required by law;

Repetitive motor vehicle sounds. The creation of frequent, repetitive or continuous sounds in connection with the starting, operation, repair, rebuilding or testing of any motor vehicle, motorcycle, off highway vehicle or internal combustion engine within a residential district, so as to unreasonably disturb or interfere with the peace, comfort and repose of owners or possessors of real property;

Yelling or shouting. Yelling, shouting, hooting, whistling or singing on or near the public streets which unreasonably disturb or interfere with the peace, comfort and repose of owners or possessors of real property;

Noise from buildings. The creation of frequent, repetitive or continuous sounds which emanate from any building, structure, apartment, or condominium, or from any fixture or apparatus attached thereto, which unreasonably interfere with the peace, comfort, and repose of owners or possessors of real property, such as sounds from audio equipment, musical instruments, band sessions or social gatherings;

Motor vehicle sound systems. Sound from motor vehicle sound systems, such as tape players, radios, and compact disc players, operated at a volume so as to be audible greater than fifty (50) feet from the vehicle itself;

Audio equipment. Sound from audio equipment or any device that amplifies sound, operated at a volume so as to be audible greater than fifty (50) feet from the source or so as to unreasonably disturb or interfere with the peace, comfort and repose of owners or possessors of real property.

Exceptions.

Sounds caused by any emergency vehicle or personnel when responding to an emergency call or acting in time of emergency.

Sounds caused by activities upon any outdoor municipal, school, religious, or publicly owned property, park, or facility, provided that such activities have been authorized by the owner of such property or facility or its agent.

Sounds caused by parades, fireworks displays, or any other event for which a permit for that type of activity is required and has been obtained from the authorized governmental entity within such hours as may be imposed as a condition for the issuance of said permit.

Sounds caused by locomotives or other railroad equipment.

Sounds caused by burglar alarms that are not in violation of this code.

Sounds caused by safety warning devices required by law.

Sounds caused by devices or machinery that is part of the use within the confines of the particular zoning designation that the device is located or pursuant to a conditional use permit (i.e., drive-through window speakers, car lot PA systems).

Sounds emanating from devices used within the common areas of a multi-unit facility whose use has been approved by the owners or management of the facility. Said use must comply with any regulations imposed by the owners or management of the facility to be exempt under this section. This exemption only applies in relation to other units within the same facility.

Violation, penalties. A violation of this section shall be a misdemeanor.

(Ord. 12-1517, 6-26-2012, eff. 7-1-2012)

It shall be unlawful for any person:

To make or file, or cause to be made or filed, an accident report knowing the same to be false or misleading in whole or in part; or

To make or file, or cause to be made or filed, a theft report of a motor vehicle or other personal property, knowing the same to be false or misleading in whole or in part; or

To intentionally make, turn in or give a false alarm of need for police or ambulance assistance, or aid or abet in the commission of such act;

To make or file any false, misleading or unfounded statement or report concerning the commission or alleged commission of any crime occurring within the city; and

To furnish in any report required by the ordinances of this city any false or fictitious address, or any address other than a true address or intended address, or to furnish in making such report any false, untrue or misleading information or statement relating to any information required by the ordinances of this city to be made or furnished.

(Ord. 816, 2-16-1999)

Purpose. The purpose of this section is to reduce the number of the false fire, burglar and robbery alarms thereby enhancing response time on other critical calls for service.

Definitions. For the purpose of this section, the following terms, phrases, and words and derivations thereof, shall have the meaning given herein. When consistent with the context, words used in the present tense include the future, words in the plural number include the singular number, and words in the singular number include the plural number. The word "shall" is mandatory and not merely directory.

Alarm agent means any person employed by an alarm business whose duties include the installation, maintenance, repair, service, response to, or summoning others to respond to an alarm system. When the alarm system is the sole responsibility of the user and no contractual agreements with another company exist for the maintenance of alarm equipment, the user shall be considered the alarm agent for purposes of this section.

Alarm company director means any person who receives an activation of an alarm or alarm system as provided by this section and then transmits the information to the Meridian Police Department or Meridian Fire Department.

Alarm officer means the Chief of Police of the City of Meridian or his designee or the Chief of Fire of the City of Meridian or his designee.

Alarm subscriber means any person who purchases, leases, contracts for, or otherwise obtains an alarm system or contracts for the servicing or maintenance of an alarm system.

Alarm system means any mechanical, electrical or other device which is designated or used for the detection of a trespass, burglary, robbery, or fire within a building, structure, or facility, or for alerting others to a hazard or to the commission of an unlawful act within a building, structure or facility, or which emits a sound or transmits a signal or message when activated and which is designated to elicit a response from the police department or the fire department. Alarm systems include, but are not limited to, direct dial telephone devices, audible alarms and proprietor alarms. Devices which are not designed or used to register alarms but are audible, visible, or perceptible outside the protected building, structure or facility are not included within this definition. An alarm system includes all the necessary equipment designed and installed for the detection of a trespass, burglary, robbery, fire or other hazard in a single building, structure or facility, or for alerting others to the commission of an unlawful act within a building, structure or facility.

Audible alarm means a device designed for the detection of unauthorized entry or presence on certain premises which generates an audible sound or signal on such premises when it is activated.

Automatic dialing device means an alarm system which automatically sends over regular telephone lines, by direct connection or otherwise, a prerecorded voice message or coded signal indicating the existence of an emergency situation that the alarm system is designed to detect.

Emergency means any condition for which the alarm was designed and installed, and which results in a response of police personnel.

False alarm means an alarm signal, message, transmittal, or communication which is activated from an alarm system and which is responded to by personnel of the Police Department or Fire Department for which no emergency situation exists or existed as determined by the responding personnel. False alarm shall not include alarms caused by natural occurrences such as hurricanes, tornadoes, earthquakes, or other extraordinary circumstances determined by the alarm officer to be clearly beyond the control of the alarm subscriber.

Fire department means the Meridian Fire Department.

Penalty status means that status achieved by more than two (2) false alarms within the calendar year beginning January 1 and ending December 31.

Person means any individual, partnership, association, corporation, organization of any kind, or any governmental entity or political subdivision thereof.

Police department means the Meridian Police Department.

Alarm systems maintenance.

Each alarm subscriber shall maintain each alarm system in good working order, and provide the necessary service to prevent malfunctions.

It shall be unlawful for an alarm subscriber to allow, permit, or use an alarm system which is not in good working order, or has fallen into disrepair, or has malfunctioned.

Maintaining a public nuisance alarm; penalty fees.

More than two (2) false alarms. No person, whether or not an alarm subscriber, shall maintain, operate, use or attempt to use an alarm system which generates more than two (2) false alarms in a calendar year.

Fees. In addition to reimbursement or any other remedy available to the city, the city may charge a fee for each and every false alarm after two (2) within the calendar year as set forth in the fee schedule.

Prohibited alarm systems. No person shall use or operate an automatic dialing device or any device programmed to initiate and deliver a message or signal to any telephone number belonging to the city.

Violations.

It shall be unlawful to operate or maintain any "alarm system" as defined in subsection (B) of this section for any purpose other than reporting such trespasses, burglaries, robberies, fires, or other crimes or hazards involving potential property loss, bodily injury or death.

It shall be unlawful for any person to operate or use a public safety alarm system for any purpose other than that for which it is installed, or for any purpose other than detecting and reporting a trespass, burglary, robbery, fire, or other hazard.

It shall be unlawful for any alarm agent, alarm subscriber or other person to install, operate or use any "alarm system" as defined in this section which malfunctions due to improper installation or operation and that results in the generation of false alarms.

Enforcement. The conviction or punishment of any person for violation of the provisions of this section shall not release such person from paying any business taxes, charges, fees, license fees or reimbursement for false alarms due and unpaid at the time of such conviction, nor shall payment of any fee or reimbursement for false alarm prevent the criminal prosecution for violation of any of the provisions of this section. All remedies shall be cumulative and the use of one (1) or more remedies by the city shall not bar the use of any other remedy provided by law.

Penalties.

Unless otherwise provided, any person violating any of the provisions of this section shall be deemed guilty of an infraction, and shall be subject to a fine of two hundred fifty dollars ($250.00).

Each and every false alarm over three (3) within the calendar year shall be deemed a separate offense.

(Ord. 15-1643, 5-5-2015; Ord. 19-1838, 8-13-2019)

To promote and protect the public health of the inhabitants of the City of Meridian it shall be an infraction punishable by a fine of one hundred dollars ($100.00) for any person to excrete human waste upon the ground within the corporate city limits.

For purposes of this section, the following definitions shall apply:

Excretion means the discharge of human waste from the body, including the acts of defecation and urination.

Ground means the surface of the earth and anything attached to or setting upon said surface except toilet facilities used as receptacles for human waste.

Human waste means human feces or human urine.

(Ord. 883, 9-5-2000; Ord. 15-1647, 6-23-2015)

Definitions. For purposes of this section, the following terms shall be defined as follows:

Dischargeable instrument means an instrument used in the propulsion of shot, BB, pellet, blow dart, or other projectile through the action of release of a pressurized gas, compressed air, expanding gas, accelerant, spring, or other force producing means including, but not limited to, air rifles, spring guns, wrist rockets, airsoft guns, BB guns, pellet guns, paintball guns, rockets having a propellant charge of more than four (4) ounces, bows, compound bows, crossbows, and recurve bows.

Firearm means a weapon or instrument used in the propulsion of shot, shell, bullets, or other projectile by the action of gunpowder exploded within it.

Prohibition. No person shall discharge any firearm or dischargeable instrument on public or private property within the city.

Exceptions.

Nothing contained in this section shall be construed to modify or affect state laws or city ordinances governing the discharge of fireworks.

The prohibitions of this section shall not apply to a person lawfully discharging a firearm or dischargeable instrument at a lawfully permitted paintball shooting facility or at a sport shooting range as defined in title 55, chapter 26 and title 67, chapter 91, Idaho Code; nor shall the prohibitions of this section be construed to modify or affect the application of state and local laws regarding such activities or facilities.

The prohibitions of this section shall not apply to a police officer acting in the course and scope of his or her duties.

The prohibitions of this section shall not apply to a person acting in the lawful defense of person or persons or property.

The prohibitions of this section shall not apply to a person discharging a starter pistol or other instrument designed and operated as a noisemaker only.

The prohibitions of this section shall not apply to a person discharging a firearm or dischargeable instrument for ceremonial purposes, including, but not limited to, military honor guard activities, where such person is first expressly authorized in writing by the police chief or his designee to do so and is acting within the time, place, and manner as specified in such written authorization. The council shall reserve the right to approve or disapprove or revoke and terminate the use which tends to create a hazard or would be otherwise detrimental to the public safety.

Penalties. Any person who violates any provision of this section shall be guilty of a misdemeanor. Each day on which a violation is committed shall be deemed a separate offense.

(Ord. 10-1448, 5-26-2010)

Editor's note— Sec 6-3-11, unlawful sale and possession of illegal smoking products, was repealed on June 23, 2015, by Ord. 15-1647.

Violation. It shall be a violation of this section for any person to light, use, or consume any tobacco product or electronic cigarette in city buildings and/or city facilities, provided that this prohibition shall not apply to city-owned parking lots.

Definitions. The definition of the terms "tobacco product" and "electronic cigarette" shall be as set forth in Idaho Code § 39-5702.

Infraction. A person violating this section shall be guilty of an infraction, the penalty of which shall be fifty dollars ($50.00) plus court costs.

(Ord. 13-1580, 10-22-2013)

Purpose and declaration of policy.

In order to ensure that all persons, regardless of sexual orientation and/or gender identity/expression enjoy the full benefits of citizenship and are afforded equal opportunities for employment, housing, and the use of public accommodations, the City of Meridian has determined that discrimination on the basis of sexual orientation and/or gender identity/expression must be addressed, and appropriate legislation be enacted. In furtherance of that determination this chapter shall be deemed an exercise of the police power of the City of Meridian for the protection of the public welfare, prosperity, health and peace of the City of Meridian, its residents and the community.

Nothing in this chapter shall alter other rights, protections, or privileges secured under state and federal law.

This section shall be construed and applied in a fair, impartial, and neutral manner consistent with First Amendment jurisprudence regarding the freedom of speech and exercise of religion, including Masterpiece Cakeshop Ltd v Colorado Civil Rights Commission, 138 S. Ct 1719 (2018).

Definitions.

Deny includes any act which, directly or indirectly, by any person or his agent or employee, results or is intended or calculated to result in whole or in part in any discrimination, distinction, restriction, or unequal treatment or representation. It also includes, but is not limited to, the requiring of a person to pay a larger sum than the uniform rates charged other persons, or the refusing or withholding from persons the admission, patronage, custom, presence, frequenting, dwelling, staying, or lodging in any place of public resort, accommodation, assemblage, or amusement except for conditions and limitations established by law and applicable alike to all persons, regardless of sexual orientation and/or gender identity/expression.

Discrimination is any direct or indirect exclusion, distinction, segregation, limitation, refusal, denial, or other differentiation in the treatment of a person because of a person's actual or perceived sexual orientation or because of a person's association with any such person. Discrimination shall not be interpreted to require or to grant or accord any preferential treatment to any person because of that person's sexual orientation and/or gender identity/expression.

Full enjoyment of shall be construed to include, but not be limited to, the right to use, rent or purchase real property, any service, commodity or article of personal property offered or sold by any person or establishment to the public, and the admission of any person to accommodations, advantages, facilities or privileges of any place of public resort, accommodation, assemblage or amusement, without acts directly or indirectly causing persons of any particular sexual orientation to be treated as not welcome, accepted, desired or solicited.

Gender expression/identity means a gender-related identity, appearance, expression or behavior of an individual regardless of a person's assigned sex at birth.

Housing accommodation is a building or portion of a building, whether constructed or to be constructed, that is or will be used as the home, domicile, residence, or sleeping quarters of its occupants.

Person shall mean any natural person, firm, corporation, partnership or other organization, association or group of persons however arranged.

Place of public accommodation includes any public place, licensed or unlicensed, kept for gain, hire or reward, or where charges are made for admission, service, occupancy or use of any property or facilities, whether conducted for the entertainment, housing or lodging of transient guests, or for the benefit, use or accommodation of those seeking health, recreation or rest, or for the sale of goods and merchandise, or for the rendering of personal services, or for public conveyance or transportation on land, water or in the air, including the stations and terminals thereof and the garaging of vehicles, or where food or beverages of any kind are sold for consumption on the premises, or where public amusement, entertainment, sports or recreation of any kind is offered with or without charge, or where medical service or care is made available, or where the public gathers or assembles for amusement, recreation or public purposes, or public halls, public elevators and public washrooms of buildings and structures occupied by two (2) or more tenants, or by the owner and one (1) or more tenants, or any public library or any educational institution wholly or partially supported by public funds, or schools of special instruction, or nursery schools, or day care centers or children's camps.

Sexual orientation is actual or perceived homosexuality, heterosexuality and/or bisexuality and/or gender identity/expression.

Exceptions.

This section does not apply to:

Religious corporations, associations, educational institutions, or societies.

Expressive associations whose employment of a person protected by this section would significantly burden the association's rights of expressive association. Boy Scouts of America v Dale, 530 US 640 (2000).

Any institute, bona fide club, or place of accommodation, which is by its nature distinctly private, provided that where public use is permitted that use shall be covered by this section; nor shall anything herein contained apply to any educational facility operated or maintained by a bona fide religious or sectarian institution.

The United States government, any of its departments or agencies, or any corporation wholly owned by it; or the State of Idaho or any of its departments, agencies, or political subdivisions other than the City of Meridian.

The rental of a housing accommodation in a building which contains housing accommodations for not more than two (2) families living independently of each other, if the lessor or a member of his family resides in one (1) of the housing accommodations, or to the rental of a room or rooms in a single-family residential housing accommodation by an individual if he or a member of his family resides therein.

Prohibited discriminatory acts. The following acts are prohibited:

To deny to any other person because of sexual orientation and/or gender expression/identity the right to work. a) by failing or refusing to hire, b) by discharging, c) by barring from employment, d) by discriminating against such person in compensation or in other terms or conditions of employment, or e) otherwise discriminating against an individual with respect to employment.

To deny to or to discriminate against any person because of sexual orientation and/or gender expression/identity the full enjoyment of any of the accommodations, advantages, facilities or privileges of any place of public accommodation.

To deny to or discriminate against any other person because of sexual orientation and/or gender expression/identity in the sale, purchase, lease or rental of any housing accommodation, or to otherwise discriminate in the terms and conditions, maintenance, improvement or repair of any housing accommodation.

Claim process.

A complaint filed under the provisions of this section must be filed in writing within one hundred eighty (180) days of the alleged discriminatory conduct. This complaint will be forwarded to the City Attorney or designee for review.

Upon receipt and review of a written complaint alleging a violation of this section, and prior to filing a citation as set forth below, the City Attorney or designee shall first invite the parties to the complaint to participate in mediation. If the parties both accept the offer for mediation the City Attorney or designee shall arrange for a mediation session to be completed within thirty (30) days at the expense of the City. If the matter is resolved through mediation, which may include the following actions: The defendant engages in corrective action which may include training for the defendant and/or the defendant's employees; the defendant's adoption of a policy of nondiscrimination in its practices then no charge will be filed.

If one or both of the parties decline mediation, or if mediation is unsuccessful in resolving the complaint, the report shall be investigated and forwarded to the prosecuting attorney for a filing decision for a civil infraction.

Penalty.

A violation of this section shall be an infraction with a fine of two hundred fifty dollars ($250.00) plus the appropriate court costs for each violation.

Any person who falsely reports a violation of this section may be charged with the crime of false reporting, pursuant to Idaho State Law and this Code.

Unlawful retaliation. It shall be unlawful for any person to discriminate against, harass, threaten, harm, damage, or otherwise penalize another person for opposing an unlawful practice, for filing a complaint, for assisting, or participating in any manner in the investigation, or in mediation concerning this section.

Private right of action. There is no private right of action created by this section nor money damages available to any person based on this section.

Severability.

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

Nothing in this section shall be construed to affect any suit or proceedings in any court, any rights acquired or liability incurred, and permit issued, or any cause or causes of action existing under the general ordinances of the City of Meridian or the State of Idaho.

(Ord. 18-1791, 9-25-2018)

Age and hour restrictions. It shall be unlawful for any person under the age of eighteen (18) years to be or to remain, and it shall be unlawful for any parent, guardian, or other person having the care and custody of any person under the age of eighteen (18) years to permit such person to be or to remain, in or upon any street, alley, public ground, public place or any place open to the public or exposed to public use within the corporate limits of the city between the hours of 12:00 midnight and 5:00 a.m.

Exceptions. The provisions of subsection (A) of this section shall not apply to any person who is accompanied by his or her parents, guardian, or other adult person having the care and custody of him or her, nor to any person who is in the performance of any errand or duty directed by his or her parents, guardian, or other adult person having the care and custody of him or her, nor to any person who is actually at the time engaged in legitimate employment for profit, nor to any person who is engaged in activity protected by the First Amendment of the United States Constitution.

Penalty. Penalties for a violation of this section shall be as set forth in I.C. 20-549.

(1955 Code, §§ 8-502, 8-503; Ord. 528, 5-15-1990; Ord. 14-1620, 8-19-2014; Ord. No. 22-2003, § 16, 11-1-2022)

Editor's note— Sec. 17 of Ord. No. 22-2003, adopted November 1, 2022, repealed § 6-4-2, which pertained to cigarettes or tobacco possession; sales, and derived from Ord. No. 401, adopted October 19, 1981.

Editor's note— Sec. 6-4-3, minor in consumption or possession of alcoholic beverage, was repealed on June 23, 2015, by Ord. 15-1647.

Editor's note— Sec. 6-4-4, minors in pool halls, was repealed on June 23, 2015, by Ord. 15-1647.

Editor's note— Sec. 6-4-5, encouraging delinquency, was repealed on June 23, 2015, by Ord. 15-1647.

Editor's note— Sec. 6-4-6, runaways and delinquents; parental responsibility, was repealed on June 23, 2015, by Ord. 15-1647.

Definitions. For purposes of this section, the following terms shall be defined as follows:

Operator means any person, sole proprietor, partnership, or corporation owning or operating a tobacco consumption establishment or tobacco retail store. This definition shall include such operator's agents, employees, volunteers, partners, and officers.

Smoking means inhaling, exhaling, burning, or carrying any lighted or heated cigar, cigarette, pipe, waterpipe, hookah, or any other lighted or heated smoking product, in any manner or in any form. This term shall include the use of an e-cigarette or other like product which creates a vapor, in any manner or in any form, or the use of any oral smoking device.

Smoking product means any substance, including tobacco, herbs, incense, or any blend thereof, or any other product used or intended for inhalation which is, or which mimics, the effects of a controlled substance or tobacco product.

Smoking product consumption area means an enclosed or designated area where smoking is allowed and to which the public is invited or permitted, including such area accessible only by invitation or membership or upon payment of admission.

Smoking product retail store means an establishment that sells, offers for sale, offers for trade, or offers free of charge tobacco, smoking products, or products containing or related to tobacco or smoking products.

Prohibitions. It shall be unlawful for the operator of any property or establishment containing a smoking product consumption area to.

Allow any person under the age of eighteen (18) years in a smoking product consumption area.

Operate, or allow the operation of, or allow persons to occupy, such establishment between the hours of 11:00 p.m. and 6:00 a.m.

Sell, or offer for sale, any food or beverage for on premises consumption.

Exemptions. The prohibitions of subsection (B) of this section shall not apply to.

A smoking product retail store which does not contain a smoking product consumption area.

Premises licensed to sell alcohol for on premises consumption.

(Ord. 12-1509, 4-24-2012)

Source: library.municode.com — public domain Official Source ↗

Root-LD Entity Data

◈ Machine-Readable Provenance Record boisestandard.org · municipal corpus

Federation ID

bs-mun-mer-2a04447226d794ec

Node ID

TIT6PORE

Domain Signature

boisestandard.org

Jurisdiction

Meridian, Idaho — United States

City

Meridian

County

Ada County

Code

Code of Ordinances

Source Verified

✓ TRUE

Source

Municode — library.municode.com

Semantic Edges

Pending — corpus passes queued

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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

Meridian Code of Ordinances — public domain ← Meridian Code Index