City of Boise
Idaho

Ordinance
ORD-2-19
Second Read
Jan 22, 2019 12:00 PM

AN ORDINANCE APPROVING THE REVISION, COMPILATION, CODIFICATION, AND ADOPTION OF THE GENERAL ORDINANCES OF CITY CODE OF THE CITY OF BOISE CITY, IDAHO AS PREPARED BY STERLING CODIFIERS, INC., WHICH SHALL SUPERSEDE ALL PRIOR LAWS AND ORDINANCES OF THE CITY OF BOISE CITY AND SHALL BE ACCEPTED IN ALL COURTS AS THE OFFICIAL CODE AND LAW OF THE CITY OF BOISE CITY; REPEALING ALL ORDINANCES OR PARTS THEREOF TO THE EXTENT THEY CONFLICTS WITH THIS ORDINANCE; PROVIDING ALL ORDINANCES OF A GENERAL NATURE INCLUDED IN THE OFFICIAL CODE ARE CONSIDERED A CONTINUATION OF SAID ORDINANCE PROVISION AND ARE CONTINUOUSLY EFFECTIVE NOTWITHSTANDING SOME PROVISIONS THEREOF BEING ELIMINATED BY THIS CODIFICATION; PROVIDING ALL ORDINANCES OF A SPECIAL NATURE ARE NOT INCLUDED IN THE OFFICIAL CODE AND REMAIN IN FULL FORCE AND EFFECT; PROVIDING FOR A METHOD OF PERPETUAL CODIFICATION BY WHICH STERLING SHALL REVIEW NEW AND FUTURE ORDINANCES, PUBLISH HARD COPIES OF THE CODE, PROVIDE A SUPPLEMENTAL SERVICE AS NEW ORDINANCES ARE ENACTED AND CODIFIED, AND HOST THE OFFICIAL ONLINE VERSION OF THE CODE; PROVIDING THAT CERTAIN TYPES OF ORDINANCES SHALL NOT BE INCLUDED IN THE CODE; PROVIDING THAT THE CODE SHALL BE AMENDED TO CORRECT GRAMMATICAL AND SPELLING ERRORS; PROVIDING THAT THE CODE SHALL BE AMENDED TO REMOVE OBSOLETE TERMS AND INACCURATE AND UNNECESSARY LANGUAGE AND PROVISIONS; PROVIDING THAT THE CODE SHALL BE AMENDED TO ADD AND AMEND DEFINITIONS AND CORRECT INTERNAL INCONSISTENCIES; PROVIDING FOR THE REFORMATTING, RENUMBERING, AND RENAMING OF PROVISIONS WITHIN THE CODE; PROVIDING A STREAMLINED APPROACH TO ALL CITY FINES AND FEES BY PLACING THEM ONTO A MASTER FINES AND FEES SCHEDULE; STREAMLINING REFERENCES TO INFRACTION AND MISDEMEANOR PENALTIES AND SEVERABILITY CLAUSE; INCORPORATING RECITALS INTO THIS ORDINANCE; ADOPTING NEW PROVISIONS IN TITLE 1 TO ESTABLISH THAT THE RECODIFIED CODE IS THE OFFICIAL CODE, SETTING FORTH HOW TO AMEND SUCH CODE AND FORBIDDING THE UNLAWFUL ALTERATION THEREOF;

Information

Department:LegalSponsors:
Category:First Reading

Attachments

  1. Exhibit A - Summary of Ordinance (This file has not yet been converted to a viewable format)
  2. Exhibit B - Boise City Code 12-2018

Financial Impact

There is no anticipated financial impact of this ordinance. The costs related to the codification services provided by Sterling Codifiers, Inc was approved by Council through resolution RES-193-13.

Body

              Whereas, provisions of Title 50, Chapter 9, of the Idaho Code authorize the publication of compiled ordinances of a municipality by compilation and codification; and

 

              Whereas, Sterling Codifiers, Inc. (“Sterling”), has contracted with the city of Boise City, Idaho to prepare the Boise City Code (“Code”) as authorized by Resolution (RES-193-13) adopted on August 13, 2013; and

 

              Whereas, Sterling is responsible to compile, edit, and publish the Code online and a copy of which shall be kept on file in the office of the Boise City Clerk; and

 

              Whereas, through codification process, the Code was reviewed and amended to correct grammatical and spelling errors, remove superfluous and unnecessary language and provisions, remove obsolete terms, language, and provisions, add clarifying language, amend and add definitions, and create internal consistencies to be included in this recodification process; and

 

              Whereas, codification of the Code by Sterling, Codifiers, Inc., will result in reformatting, renaming, and renumbering of various Code provisions; and

 

              Whereas, the recodification of the Code and perpetual maintenance and updating thereof by Sterling Codifiers, Inc., will ensure the most accurate version of the Code, and provide more efficient and effective use thereof; and

 

              Whereas, the City seeks to streamline its Code by removing fees and fines from the Code and placing them onto a master fines and fee schedule; and

             

              Whereas, the recodification streamlines references to standard infraction and misdemeanor penalties and severance clause; and

 

              Whereas, the descriptions of the City’s departments (currently under Title 3 and becoming Title 1, Chapter 10, Articles A through K with the Sterling codification) were reviewed and amended to update those provisions to accurately and succinctly reflect their functions, and to remove obsolete, superfluous, and unnecessary information, and correct internal errors;

 

              Whereas, the current Title 5, Chapters 4, 5, 6, 12, 13, 17, 19, 24, 30, 33 and 35 (which respectively become Title 3, Chapters 15, 3, 4, 2, 11, 8 Art. A, 12, 13 Art. A, 8, 6 and 10 with the Sterling codification) was reviewed and amended to add missing provisions (e.g. scope, legal authority, etc.), to correct inconsistencies and eliminate redundancies with the general business licensing chapter (currently Title 5, Chapter 2 and becoming Title 3, Chapter 1, Article A with the Sterling codification), to update provisions to comply with State and Federal Code, to update insurance provisions, to add prohibited acts, to clarify and update licensing requirements and enforcement provisions thereof, to add, amend and eliminate definitions and terms; and to amend license exemption, denial, suspension, and revocation provisions; and              

 

              Whereas, the current Title 6, Chapters 7, 10, 17, 18, and 23 (which respectively become Title 3, Chapters 1, 5, 3, 8 and 11 with the Sterling codification) were reviewed and amended to add and amend definitions, to update and eliminate certain provisions, to add new prohibited acts, and to amend authorized personnel who may examine premises; and

 

              Whereas, the current Title 7, Chapter 1 (which becomes Title 5, Chapter 12 with the Sterling codification) was reviewed and amended to update the penalty for a second offense to Chapter 33 of the International Fire Code; and

 

              Whereas, the current Title 8, Chapters 8, 17, and 18 (which respectively become Title 4, Chapter 1, Title 9, Chapter 14, and Title 4, Chapter 2 with the Sterling Codification) were reviewed and amended to add definitions, to amend the nuisance penalty provision, to increase the certificate of training fee, and to correct internal references to the Uniform Fire Code; and

             

              Whereas, the current Title 10, Chapter 1 (which becomes Title 6, Chapter 1 with the Sterling codification) was reviewed and amended to add a definition; and

 

              Whereas, the current Title 12, Chapter 20 (which becomes Title 8, Chapter 5 with the Sterling Codification) was reviewed and amended to update insurance requirements; and

 

              Whereas, Idaho Code Sections 50-301, 50-307, and 39-1108 authorize the City to adopt and enforce ordinances, rules and regulations governing standards and procedures for licensing persons who engage in or operate a trade or business (including specifically daycare services) within the City, and 42 USC section 9858f, requires the City to check certain background records for childcare workers and facilities; and Idaho Code Section 67-3008 authorizes the City to require certain applicants or licensees to have their fingerprints submitted initially to the Idaho State Police Bureau of Criminal Identification for a check of State records and, as necessary, to the Federal Bureau of Investigations for a national background investigation and criminal history check for screening purposes. 

 

              NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF BOISE CITY, IDAHO:

 

              Section 1: The foregoing recitals are hereby incorporated into this ordinance as if fully set forth herein.

              Section 2: From and after the date of passage of this ordinance, the City Code of the city of Boise City, Idaho prepared by Sterling Codifiers, Inc., containing the compilation of all ordinances of a general nature together with the changes made to said ordinances, under the direction of the governing body of the City, shall be accepted in all courts without question as the official Code and law of the City as enacted by the Mayor and City Council, and supersede all prior laws and ordinances of the City.

 

              Section 3: All ordinances or parts of ordinances in conflict herewith are, to the extent of such conflict, hereby repealed.

 

              Section 4: All ordinances of a general nature included in this official Code shall be considered as a continuation of said ordinance provision and the fact that some provisions have been deliberately eliminated by the governing body shall not serve to cause any interruption in the continuous effectiveness of ordinances included in said official Code. All ordinances of a special nature, such as tax levy ordinances, bond ordinances, franchises, vacating ordinances, and annexation ordinances shall continue in full force and effect unless specifically repealed or amended by a provision of the Code. Such ordinances are not intended to be included in the official Code.

 

              Section 5: If any section, provision, or part of this ordinance shall be adjudged invalid or unconstitutional by a court of competent jurisdiction, such adjudication shall not affect the validity of any other section, provision, or part of this ordinance or the ordinance as a whole.

 

              Section 6: There is hereby adopted, as a method of perpetual codification, the loose-leaf type of binding together with the continuous supplement service, provided by Sterling Codifiers, Inc., whereby each newly adopted ordinance of a general and permanent nature amending, altering, adding or deleting provisions of the official Code is identified by the proper catchline and is inserted in the proper place in each of the official copies, one copy of which shall be maintained in the office of the Boise City Clerk, certified as to correctness and available for inspection at any and all times that said office is regularly open.

 

              Section 7: Certain chapters within the Code, in addition to the general amendments and updates described above, are further amended as part of the recodification.

 

              Section 8: There is hereby adopted a new Title 1, Chapter 1 which establishes this as the official Code and sets forth how to amend and forbids unlawful alterations thereof.

 

              Section 9: There is hereby adopted a new Title 1, Chapter 2 which generally addresses saving clause issues with the Code.

 

              Section 10: There is hereby adopted a new Title 1, Chapter 3 providing general definitions, rules for construction and interpretation of the Code, and the use of catchlines in the Code.

 

              Section 11: The several chapters under the current Title 3 “Departments”, which shall become Title 1, Chapter 10, Articles A through K with the recodification, are hereby amended to update the descriptions of their respective departments.

 

              Section 12: Current Title 5, Chapters 4, 5, 6, 12, 13, 17, 19, 24, 30, 33 and 35 (which respectively become Title 3, Chapters 15, 3, 4, 2, 11, 8 Art. A, 12, 13 Art. A, 8, 6 and 10 with the Sterling codification) are hereby amended to comport with the general business licensing requirements set forth in current Title 5, Chapter 2, the “General Licensing Provisions.”

 

              Section 13: The Alcohol Beverages Chapter (currently Title 5, Chapter 5) is hereby amended to add clarifying language for current licensing provisions and updated catering permit provisions to comply with State Code.

 

              Section 14: The Sidewalk Cafes Chapter (currently Title 5. Chapter 6) is hereby amended to update requirements for report of changes to sidewalk cafes and display of permit.

 

              Section 15: The Vendor, Solicitor, Temporary Merchants Chapter (currently Title 5, Chapter 12) is hereby amended to add and amend several definitions, to simplify the issuance of a license requirements, and to eliminate the requirement that the license describe the goods to be sold.

 

              Section 16: The Downtown Valet Parking Chapter (currently Title 5, Chapter 13) is hereby amended to update the insurance requirements and to update the “Suspension of Use of the Public Right-of-Way by Operator” section.

 

              Section 17: The Pawnbroker’s and Jewelry Auctions Chapter (currently Title 5, Chapter 17) is hereby amended to eliminate the provision that limited the hours of day that such auctions could occur.

 

              Section 18: The Private Security Chapter (currently Title 5, Chapter 19) is hereby amended to require background checks on event security staff.

 

              Section 19: The Taxicab Chapter (currently Title 5, Chapter 24) is hereby amended to update taxicab regulations in the areas of license renewals, vehicle grandfather rights, inspections, smoking in taxis, and the processing of credit and debit card payments by patrons, and to amend definitions.

 

              Section 20: The Auctions and Auctioneers Chapter (currently Title 5, Chapter 30) is hereby amended to update obsolete provisions and language.

 

              Section 21: The Childcare Chapter (currently Title 5, Chapter 33) is hereby amended to update the childcare regulations in the areas of staff ratios, training, records keeping, licensing requirements, licensing exemptions, license denial, suspension and revocation, to clarify background check requirements, and to amend language and provisions to comply with federal and state laws and regulations.

 

              Section 22: The Massage Establishment Chapter (currently Title 5, Chapter 35) is hereby amended to add a definition.

 

              Section 23: The Animal Control Chapter (currently Title 6, Chapter 7) is hereby amended to add definitions and to amend the “animal-at-large” section to “dog-at-large”.

 

              Section 24: The Regulations for Minors Chapter (currently Title 6, Chapter 12) is hereby amended to eliminate the provision that prohibits encouraging a minor to come within purview of this Chapter.

 

              Section 25: The Offenses Against Public or Private Property (currently Title 6, Chapter 17) is hereby amended to update terms, and to add to prohibited behaviors on the Boise River.

 

              Section 26: The Assemblages Chapter (currently Title 6, Chapter 18) is hereby amended to update who may examine premises.

 

              Section 27: The Boise Smoke-Free Ordinance Chapter (currently Title 6, Chapter 23) is hereby amended to update the smoking prohibition on public transportation.

 

              Section 28: The Fire Prevention Code Chapter (currently Title 7, Chapter 1) is hereby amended to increase the penalty for a second offense of Chapter 33 of the International Fire Code.

 

              Section 29: The Sanitary Regulations Nuisances Chapter (currently Title 8, Chapter 8) is hereby amended to eliminate the 24-hour period to cure a nuisance.

 

              Section 30: The Construction Site Erosion Control Chapter (currently Title 8, Chapter 17) is hereby amended to add a definition.

 

              Section 31: The Nuisance Property Abatement Chapter (currently Title 8, Chapter 18) is hereby amended to correct internal references to the “Uniform Fire Code” to the correct term “International Fire Code”.

 

              Section 32: The Definitions Chapter (currently Title 10, Chapter 1) is hereby amended to update the definition of “abandoned or unidentified vehicle”.

 

              Section 33: The Non-Tenant Rental Car Business Permit Chapter (currently Title 12, Chapter 20) is hereby amended to update the insurance requirements.

 

              Section 34: That the City through the adoption of this Ordinance hereby requires certain applicants and business licensees to have their fingerprints submitted initially to the Idaho State Police Bureau of Criminal Identification for a check of State records and to the Federal Bureau of Investigations for a national background investigation and criminal history check as necessary. Pursuant to Idaho Code Sections 50-301, 50-307, 39-1108 and 67-3008 and under this Ordinance, the City is hereby authorized to use such state and federal criminal background records for the screening of City applicants and business licensees. The specific categories of applicants and business licensees subject to such background investigation and criminal history checks are set forth in the following current Code Chapters: Title 5, Chapter 02, Sections 04, 06, 11, and 12 and Title 3, Chapter 10, Section 02 (which under this codification respectively become Title 3, Chapter 1 Article A, Sections 4, 6, and 10 and Title 1, Chapter 10, Article J, Section 4). This Ordinance hereby requires all criminal history records and the results of the background investigation received from the State and FBI are confidential and shall not be disseminated to any private person or entity, unless otherwise provided by law, and under no circumstance shall such information be used in a manner contrary to public policy.

 

              Section 35: The fully amended, updated, and recodified Code is available for review at the Boise City Clerk’s Office located at 150 N. Capitol Blvd., Boise, Idaho and attached hereto as Exhibit B.

 

              Section 36: In conjunction with all the foregoing sections and recitals, the fully amended, updated, and recodified Code, as set forth as Exhibit B attached hereto, be, and is hereby adopted as the official Boise City Code with an effective date set forth below. 

Section 37: Pursuant to an affirmative vote of one-half (1/2) plus one (1) of the members of the full Council, the rule requiring two (2) separate readings by title and one (1) reading in full be, and the same is hereby, dispensed with and accordingly, this Ordinance is passed and adopted.

Section 38: That the summary of this Ordinance, attached as Exhibit A, be, and the same is, approved as to both form and content.

 

Section 39: That this Ordinance shall be in full force and effect on January 31, 2019 after the passage, approval, and publication of a summary of this Ordinance in the official newspaper of the City of Boise.