Chapter 2

General Offenses

5-2-1: Failure To Disperse


A. Unlawful: When two (2) or more people congregate in a public place and the acts of such persons create a substantial risk of injury, alarm or serious inconvenience to any person or property, or hinder or obstruct the free passage of any person or vehicle upon a public right-of-way, a peace officer or other public official engaged in executing and enforcing the law may order the participants and others in the immediate vicinity to disperse. A person who refuses a lawful order to disperse or a person who knowingly and intentionally fails to obey such an order is guilty of a misdemeanor.


B. Exceptions:

1. No such order shall apply to a news reporter or other person observing or recording the events on behalf of the public press or other news media, unless he is physically obstructing lawful efforts by such officer to disperse the group.

2. Nothing in this section requires persons to disperse who are peaceably assembled for a lawful purpose. (1952 Code § 6-01-03)

5-2-2: Use Of Tobacco By Minors; Sales To Minors


A. Possession: Every person under eighteen (18) years of age who shall buy, accept or have in his or her possession any cigarette, cigar or tobacco in any form, or any cigarette paper or wrapper intended for the wrapping of tobacco in the form of a cigarette, or compounds of tobacco used in the filling or makeup of cigarettes, shall be guilty of a misdemeanor.


B. Furnishing: Every person who shall give, sell or furnish, directly or indirectly, any cigarettes, cigars or tobacco in any form or any cigarette paper or other paper or wrapper intended for the wrapping of tobacco in the form of a cigarette, or any compound of tobacco used in the filling or makeup of cigarettes, or any other equipment or materials used for the consumption of tobacco to any person under the age of eighteen (18) years, shall be guilty of a misdemeanor.


C. Retail Tobacco Businesses: No person under the age of eighteen (18) years shall enter, remain or loiter in or about the premises of any "retail tobacco business", as defined by section 3-5-1 of this Code, nor shall any owner, employee, agent or other person in charge of such business permit or allow any person under the age of eighteen (18) years to enter, remain or loiter in or about the premises of such place. Any person who violates this section shall be guilty of a misdemeanor.


D. Photographic Identification: Every retail tobacco business shall employ a person to sit or stand at each entrance to the retail tobacco business and such person shall demand "photographic identification", as defined by section 3-5-1 of this Code, from each person desiring entrance to the business. The failure of the owner, employee, agent or other person in charge of the business to demand and examine photographic identification from all persons prior to the entry into a retail tobacco business shall be a misdemeanor.


E. False Identification: It shall be a misdemeanor for a person under the age of eighteen (18) years to provide false identification, or make any false statement, regarding his or her age in an attempt to obtain a "tobacco product", as defined in section 3-5-1 of this Code, or enter a "retail tobacco business", as defined by section 3-5-1 of this Code.


F. Refusal To Present Identification: It shall be a misdemeanor for any person to refuse to present identification indicating age, when requested by a peace officer of the State when: 1) he or she shall possess, purchase, attempt to purchase or use a "tobacco product", as defined by section 3-5-1 of this Code; or 2) he or she is on the premises of a "retail tobacco business", as defined by section 3-5-1 of this Code.


G. Exceptions:

1. A person under the age of eighteen (18) years who is assisting with a random unannounced inspection in accordance with Idaho Code section 39-5710(2) shall not be in violation of this section.

2. A person under the age of eighteen (18) years may possess, but not sell or distribute tobacco products, in the course of employment, for duties such as stocking shelves or carrying purchases to customers' vehicles.

3. A person under the age of eighteen (18) years may enter a tobacco business temporarily with a parent or guardian in order for the parent or guardian to purchase tobacco products. (1952 Code § 6-01-04)

5-2-3: Disorderly Conduct


A. Violations: Any person who violates the provisions below is guilty of a misdemeanor:

1. Occupying, lodging or sleeping in any building, structure or place, whether public or private, or in any motor vehicle, without the permission of the owner or person entitled to possession or in control thereof; or

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

3. 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. (1952 Code § 6-01-05)


B. Availability Of Overnight Shelter:

1. Law enforcement officers shall not enforce subsection A of this section (disorderly conduct) when the individual is on public property and there is no available overnight shelter. The term "available overnight shelter" is a public or private shelter, with an available overnight space, open to an individual or family unit experiencing homelessness, at no charge. If the individual cannot utilize the overnight shelter space due to voluntary actions, such as intoxication, drug use, unruly behavior or violation of shelter rules, the overnight shelter space shall still be considered available.

2. This section does not affect subsection 7-7A-5E or 7-7A-10A of this Code, which do not prohibit sleeping in a public park during hours of operation. (Ord. 38-14, 9-23-2014)

5-2-4: Public Intoxication


Any person, who is in public and intoxicated at a level that presents a danger to others or creates a disturbance of the peace, shall be guilty of a misdemeanor. (1952 Code § 6-01-06)

5-2-5: Aggressive Solicitation


A. Definitions: The following words and phrases used in this section shall have the following meanings unless a different meaning clearly appears from the context:

AGGRESSIVE MANNER: To:

1. Intentionally make any nonconsensual physical contact with another person in the course of a solicitation; or

2. Approach or follow the person being solicited in a manner that is intended to cause a reasonable person to be intimidated into responding affirmatively to the solicitation for fear of imminent bodily harm to oneself or another; or damage to or loss of property; or

3. Continuing to solicit within five feet (5') of the person being solicited after the person has given or expressed a negative response, if continuing the solicitation is intended to cause a reasonable person to be intimidated into responding affirmatively to the solicitation for fear of imminent bodily harm to oneself or another, or damage to or loss of property; or

4. Intentionally obstruct the safe or free passage of the person being solicited, causing the person, including a person operating a vehicle, to move from his or her intended path to avoid reasonably imminent nonconsensual physical contact with the person making the solicitation; or

5. Make any threatening statement or gesture immediately before or during the solicitation or after a refusal to make a donation intended to cause a reasonable person to be intimidated into responding affirmatively to the solicitation for fear of imminent bodily harm to oneself or another, or damage to or loss of property.

SOLICIT OR SOLICITATION: To request, ask or beg, whether by words, bodily gestures, signs or other means, for an immediate donation of money or other thing of value, including the purchase of an item or service for an amount far exceeding its value, under circumstances where a reasonable person would understand that the purchase is a donation. (Ord. 5-14, 1-14-2014)


B. Prohibited Acts; Penalty: It shall be unlawful for a person to solicit in an aggressive manner. Any person found guilty of violating this section is guilty of a misdemeanor. (Ord. 5-14, 1-14-2014; amd. 2019 Code)

5-2-6: Disorderly Household Or Premises


A. Definitions: The following words and phrases used in this section shall have the following meanings unless a different meaning clearly appears from the context:

ALCOHOLIC BEVERAGE: Any beverage containing alcohol, including liquor, spirits, beer and wine.

HOUSEHOLD OR PREMISES: Any home, apartment, condominium, premises or other dwelling unit or meeting room or hall, including the yard and curtilage of such household or premises which are owned, rented, leased or under the control of the person or persons responsible for the party, regardless of whether such premises is occupied on a permanent or temporary basis, or merely occupied as a premises for a social function.

KNOWINGLY: Having a general knowledge of or reason to know, which warrants further inquiry or inspection.

MINOR: A person under the age of twenty one (21) years.

PARTY: A party, gathering or event or other assembly of persons for a social occasion or activity.

PERSON RESPONSIBLE FOR THE PARTY: 1. The person or persons in charge of the premises where the party takes place; and/or

2. The person or persons authorizing the use of the premises for the party; and/or

3. The person or persons who organized the party.


B. Prohibited Acts: It shall be unlawful for any person or persons to host a party, gathering or event on private property within any residential area of the City:

1. Which is disruptive to the public peace, health, safety or welfare due to the magnitude of the crowd, loud music or other noise, disturbances, unruly behavior by those attending the party, excessive traffic or destruction of property; or

2. Where a person under the age of twenty one (21) years is in possession of, is consuming or is under the influence of an alcoholic beverage and the person or persons responsible for the party knew or reasonably should have known that the person in possession of, consuming or under the influence of an alcoholic beverage is under the age of twenty one (21) years.


C. Restitution: The court may order restitution to be paid by the person or persons responsible for a party or gathering that requires a subsequent law enforcement or emergency response. Such restitution, if ordered, would include actual costs for law enforcement or other emergency services incurred for the purpose of abating any of the conditions or violations described in subsection B of this section.


D. Penalty: Any person in violation of this section shall be guilty of a misdemeanor. (1952 Code § 6-01-08)

5-2-7: Fighting


It shall be unlawful for any person to intentionally, knowingly or recklessly fight with another person in a public place. (1952 Code § 6-01-10)

5-2-8: Resisting And Obstructing Officers


Every person who wilfully resists, delays or obstructs any public officer, in the discharge, or attempt to discharge, of any duty of his office, or who refuses a lawful order of a public officer, is guilty of a misdemeanor. (1952 Code § 6-01-12)

5-2-9: False Reports


It shall be unlawful for any person, firm, partnership, association, corporation, company or organization of any kind: (1952 Code § 6-01-13)


A. To make or file, or cause to be made or filed, an accident report knowing the same to be false; (1952 Code § 6-01-13; amd. 2019 Code)


B. To knowingly give or cause to be given false information to any law enforcement officer or any State or local government agency or personnel;


C. To intentionally make a false call or turn in false information regarding the need for police or emergency assistance, or aid or abet in the commission of such act;


D. To file a knowingly false statement, claim, complaint or document to be used or reviewed by the Ethics Commission. (1952 Code § 6-01-13)

5-2-10: Unlawful Consumption Of Or Possession Of Alcoholic Beverages In Public Place


A. Definitions: As used in this section, the following words and phrases shall have the meanings given herein when not inconsistent 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 always mandatory and not merely directory.

ALCOHOLIC BEVERAGE: Any beverage containing alcohol that is a product of distillation of any fermented liquor, or synthetic ethyl alcohol, including liquor, spirits, beer, wine or any liquid containing liquor, spirits, beer or wine.

BEER: Shall have the meaning it is given in title 3, chapter 3 of this Code.

PUBLIC PLACE: An area to which the general public has an unrestricted right of access and that is generally open or used by the public, regardless of whether it is publicly or privately owned. Examples of public places include, without limitation, streets, highways or public rights-of-way, sidewalks, bridges, alleys, plazas, parks, public driveways, parking lots, transit stations, trains, buses, moving or stationary motor vehicles, shelters, tunnels and buildings, including, without limitation, stores and restaurants.

WINE: Shall have the meaning it is given in title 3, chapter 3 of this Code. (Ord. 30-15, 7-7-2015; amd. Ord. 19-18, 6-5-2018)


B. Specified: Except as otherwise provided by license, permit or law, it shall be unlawful for any person:

1. To consume any alcoholic beverage in a public place within the City; or

2. To possess, in a public place within the City, any alcoholic beverage in any bottle, can or other receptacle which has been opened, or has a seal broken, or where the contents of which have been partially removed.


C. Exceptions: The provisions of this section shall not apply to the possession or consumption of any alcoholic beverage by a person who is at least twenty one (21) years of age when such possession or consumption occurs:

1. Within any private residence or upon the yard thereabout, or within any apartment, duplex, condominium, boarding house or other structure lawfully used as a permanent residence, or within any common area or area designated exclusively for and appurtenant to such residential occupancy;

2. Within an establishment, business place or other location properly licensed and permitted by the State, the County and the City for the consumption of any alcoholic beverage; (Ord. 30-15, 7-7-2015)

3. Within the area defined on exhibit A on file in the City and depicted on exhibit B on file in the City, between the hours of ten o'clock (10:00) A.M. and ten o'clock (10:00) P.M. on any day the Boise State University football team plays a home game at Boise State's football stadium against an NCAA opponent, or on any day the City hosts an NCAA bowl game at Boise State's football stadium; provided, that the alcoholic beverage is held in an opaque plastic container that is not labeled or branded by an alcohol manufacturer or distributor and that such possession or consumption does not occur on or in the Boise River. Should there be a conflict between the boundary description (exhibit A on file in the City) and the approximate boundary depiction (exhibit B on file in the City), the description contained in exhibit A on file in the City shall control; or (Ord. 30-15, 7-7-2015; amd. Ord. 19-18, 6-5-2018; 2019 Code)

4. Pursuant to a valid City special event permit issued by the City; provided, that the alcoholic beverage is held in an opaque plastic container that is not labeled or branded by an alcohol manufacturer or distributor and that such possession or consumption does not occur on or in the Boise River. (Ord. 30-15, 7-7-2015; amd. Ord. 19-18, 6-5-2018)


D. Possession Or Consumption: The provisions of this section shall not apply to the possession of an open container or the consumption of beer or wine by a person who is at least twenty one (21) years of age, when such possession or consumption occurs while the person is a passenger within a vehicle operated by a company licensed by the City as a touring vehicle service pursuant to title 3, chapter 13, article B of this Code. (Ord. 19-18, 6-5-2018)

5-2-11: Voyeurism


It shall be unlawful for any person to enter another person's private property without permission and to peer, peep or look through doors or windows of that property with the intent to intrude upon or interfere with a person's privacy, or within a public place, to peer, peep or look into an area where a person has a reasonable expectation of privacy and has taken steps to conceal themselves from the general public, such as a restroom, locker room or changing room, without that person's consent and with the intent to invade that person's privacy. (1952 Code § 6-01-16)

5-2-12: Intoxication By Inhalation Of Toxicants Or Solvents


It shall be unlawful for any person to become or attempt to become intoxicated by inhaling the fumes of gasoline, toluene or any other solvent or product containing any such solvent. (1952 Code § 6-01-17)

5-2-13: Public Urination


It shall be unlawful for any person to excrete human waste, including urine or feces, upon the ground, into a body of water, or upon anything attached or setting upon said surfaces within the City, except for toilet facilities used as receptacles for human waste. (1952 Code § 6-01-18)

5-2-14: Possession Of False Identification Card


It shall be unlawful for any person who is under twenty one (21) years of age to display or have in his or her possession a driver's license, identification card, or any other written, printed or photographic evidence of age and identity which is fraudulent, reproduced, altered or not actually his or her own. A violation of this section shall be an infraction, subject to penalty as provided in section 1-4-2 of this Code. (1952 Code § 6-01-19; amd. 2019 Code)

5-2-15: Minors; Purchase, Consumption Or Possession Of Alcohol


Any person under twenty one (21) years of age who shall purchase, attempt to purchase, consume or otherwise possess any alcohol beverage, including any distilled spirits, beer or wine, shall be guilty of a misdemeanor and shall be punished according to the schedule set out in Idaho Code section 18-1502, which is hereby adopted by the City, as presently in effect or as may hereafter be amended, for the limited purpose of providing penalties for this section only. (1952 Code § 6-01-20)

5-2-16: Penalty


Unless otherwise specified, a violation of this chapter is a misdemeanor, subject to penalty as provided in section 1-4-1 of this Code. (1952 Code § 6-01-21; amd. 2019 Code)