Chapter 7

Public Parks

ARTICLE A - Public Parks

7-7A-1: Definitions

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

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

BEER: Any beverage obtained by alcohol fermentation of an infusion or decoction or barley, malt, and/or other ingredients in drinkable water.

COMMISSION: The Boise City Parks and Recreation Commission.

CONSTRUCTION USE LICENSE: Authorized use of public park property by a private individual, contractor, utility company, firm or other entity for a specified purpose, activity, location and period of time. Uses include but are not limited to: limited vehicular trespass across public park property for purposes of accessing an adjoining private property, above ground utility work, trenching, grading, construction staging, or manipulation of park land or facilities for private purposes.

CONTROLLED OFF-LEASH AREAS: An area where domestic pet owners must still carry a leash and waste bag with them, and their domestic pets should not be thirty feet (30') away from the owner at any time.

DEPARTMENT: The Boise City Department of Parks and Recreation.

DIRECTOR: The Director of the Boise City Department of Parks and Recreation or his/her designee.

DOMESTIC PET: Any animal of a species of vertebrates that has been domesticated by humans so as to live and breed in a tame condition and depend on humankind for survival.

E-CIGARETTE: Any electronic oral device, such as one composed of a heating or ultrasonic element, battery, and/or electronic circuit, which provides a vapor of nicotine or any other substance, and use or inhalation of which simulates smoking. The term shall include any such device, whether manufactured, distributed, marketed, or sold as an e-cigarette, e-cigar, e-pipe, or under any other product name or descriptor.

GREENBELT: The paved or improved pathways and connecting trails and the twenty feet (20') of publicly owned greenspace on either side, including picnic tables, barbeque stands, benches and other improvements and fixtures connecting Boise parks along the Boise River and maintained by the department and delineated generally in the publication known as the "map", or specifically in the inventory of park properties at the Office of the Director. "Greenbelt" does not include any private property that may lie within twenty feet (20') of the paved or improved pathways or connecting trails.

MOTOR VEHICLE: Every vehicle which is self-propelled, except vehicles moved solely by human power and motorized wheelchairs. As used in this section, the definition of "motor vehicle" includes persons operating an electric personal assistive mobility device as defined in Idaho Code title 49.

PARK: Any and all lands, buildings, facilities, reserves and open space, sports complexes, swimming pool grounds, golf courses, game fields, cemeteries, playgrounds, skate board parks, BMX facilities, zoological and/or botanical gardens, trails and other general or special use outdoor places, including the Boise River Greenbelt, that are owned, operated or maintained by Boise City or specifically in the inventory of park properties at the Office of the Director.

PATHWAY: Any constructed trail which has been designated for the use of pedestrians, bicyclists, and other wheeled activities propelled solely by human power.

PEDESTRIAN: Any person afoot and any person operating a wheelchair or motorized wheelchair. As used in this section, the definition of "pedestrian" does not include persons operating an electric personal assistive device as defined in Idaho Code title 49.

SMOKING: Inhaling, exhaling, burning, carrying, or possessing any combusting (heated, lit, or smoldering) tobacco or any other substance, whether contained in a cigar, cigarette, or pipe, or any other object. Smoking also includes the use of an e-cigarette which creates vapor, in any manner of any form, or the use of any oral smoking device for the purpose of circumventing the prohibition of smoking in this chapter. Smoking does not include possession of an unlit or unheated cigar, cigarette, or pipe.

SPECIAL PURPOSE PARK FEATURE: Any park, feature within a park, or facility designed for a specific intended use or uses. Examples include, but are not limited to, skate park facilities, parkour courses, golf courses, BMX or bike courses, whitewater features, et cetera.

WINE: Any alcoholic beverage obtained by the fermentation of the natural sugar content of fruits (grapes, apples, etc.) or other agricultural products containing sugar (honey, milk, etc.) containing not more than fourteen percent (14%) alcohol by volume. (Ord. 44-18, 9-25-2018; amd. Ord. 15-19, 5-7-2019)

7-7A-2: Prohibited Acts Relating To Park Property

No person in any park shall:

A. Buildings And Other Property:

1. Disfiguration And Removal: Willfully mark, deface, disfigure, injure, tamper with, displace or remove, any building, bridges, tables, benches, fireplaces, railings, paving or paving material, water lines or other public utilities or parts or appurtenances whatsoever, either real or personal, or have in his possession any of the foregoing things or objects, or any part thereof.

2. Obstruct Or Impair: No person shall use, obstruct or create any condition that would obstruct or impair the intended use of a special purpose park feature.

3. Restrooms And Washrooms: Fail to cooperate in maintaining restrooms and washrooms in a neat and sanitary condition. No person over the age of five (5) years shall use the restrooms and washrooms designated for the opposite sex.

4. Erection Of Structures: Construct or erect any building or structure of whatever kind, whether permanent or temporary in character, or run or string any public service utility into, upon or across such lands, except by written permit issued pursuant to this article.

5. Fences And Restricted Areas: Climb upon or go inside security fences, maintenance service areas, or other permanent or temporary restricted areas.

B. Injury And Removal Of Trees, Shrubbery And Lawns: Damage, cut, carve, transplant or remove any tree or plant or injure the bark, or pick flowers or seeds of any tree or plant. Nor shall any person attach any rope, wire or other contrivance to any tree or plant located in any park except as may be authorized by the City Forester by duly promulgated rule or regulation. A person shall not dig in or otherwise disturb grass areas or climb trees, or in any other way injure or impair the natural beauty or usefulness of any area, except that retrieval of personal property unintentionally lodged in a tree or other plant shall be permitted, provided that such removal is achieved safely and without damage to any tree or plant.

C. Animals And Birds:

1. Hunting: Hunt, molest, harm, frighten, kill, trap, chase, tease, annoy, feed, shoot or throw missiles or objects at any animal, reptile or bird including those confined to the Zoo Boise; nor shall any person remove or be in possession of the young of any wild animal, or the eggs or nest, or young of any reptile or bird; nor shall any person collect, remove, be in possession of, give away, sell or offer to sell, buy or offer to buy, or accept as a gift, any specimen alive or dead collected from any park areas.

2. Feeding Animals: Give or offer, or attempt to give to any reptile, bird, waterfowl, or other wildlife any tobacco, alcohol or other known noxious substances. Feeding of animals within Zoo Boise is prohibited unless otherwise permitted by duly authorized Zoo Boise personnel.

D. Horseback Riding:

1. Except for police officers and their service animals in the official performance of their duties, ride a horse except on designated bridle trails and in specially designated park areas. Where permitted, horses shall be thoroughly broken and properly restrained, and ridden with due care, and shall not be allowed to graze or go unattended. The designated bridle paths shall be:

a. Along the roadways and trails of Military Reserve.

b. Along the west and north boundaries of Hillside Park leading from Hill Road to the equestrian show ring in the southeast corner of the park. The bridle trail shall be marked with signs. (Ord. 44-18, 9-25-2018)

7-7A-3: Park Access, Encroachments, Construction Use And Easements

A. Purpose And Objectives:

1. The department is responsible for the stewardship of all Boise City park properties, and thus any encroachments upon them. The department shall regulate all non-park related construction activity on or across park property and provide conditions to assure preservation of the public's interest and proper restoration of the parks. Boise City projects shall be subject to internal policies and are specifically exempt from the provisions of this article.

2. No person shall use any park property for access to adjoining or nearby property for any purpose, or to construct or install any facility or improvement upon, over or beneath park property except by license or easement issued or granted pursuant to the provisions of this Code.

B. Objectives:

1. This article shall apply only to those properties owned and/or maintained by the department.

2. Evaluation of the impact of the proposed project shall be made in terms of the site and the associated public use to determine the merit of granting the work.

3. Work will be allowed only by and/or with the approval of the department for a project that meets the department's construction and restoration requirements.

4. This article provides for regulation of non-park related access across, or construction activities on park property, and does not, in itself, provide a permanent easement or lease on a park property.

5. Routine maintenance of improvements located on a park property that are addressed by an established easement and maintenance agreement or license agreement are specifically exempt from the provisions of this article. For purposes of this article "routine" is defined as maintenance activities which do not require: placing undue restrictions on a park road, pathway, or recreation facility; excavation; or damage to park grounds or improvements unless otherwise specified by an established easement and maintenance agreement or license agreement.

C. Construction Use License:

1. Application: An application for a construction use license is required in any case where an adjoining property owner, business, utility company, or other entity is requesting access through a park site or permission to stage, grade, or modify, in any manner, a public park property. The purpose of the license is to provide review of proposed non-park related activity on park property to ensure the contemplated activity does not present a safety hazard to park users or pose an undue burden on park property, and to provide for assurances that the property owner, utility company or their authorized contractor, assumes all responsibility for any resulting damage to the park grounds, sprinkler systems, or other public park facilities that may occur as a result of the licensed activity on park property.

2. Process And Fee Requirement:

a. Applicants shall complete a construction use license application to initiate the license process and shall pay a fee in an amount set forth on the fee schedule. The application shall include:

(1) The name, address and phone number of the property owner;

(2) The name, address and phone number of authorized contractor who will perform the work;

(3) A description of access needs, including a description of the type and purpose of work to be performed on park property and the location of the proposed activity;

(4) The dates access is being requested;

(5) A park site plan showing the proposed access route relative to locations of park trees, structures, and other improvements and features;

(6) A description and the weight of the equipment that is proposed to be used on park property; and,

(7) A description of the length and area of the park to be used or otherwise disturbed;

(8) Proposed mitigation measures that will be employed to address safety concerns and minimize damage to the park, including a description of all work that is anticipated to be required for restoring the park to its original condition including anticipated quantities of materials such as: soil, turf, irrigation system, trees, shrubs, asphalt and curbing.

b. The applicant shall be required to enter into an agreement acknowledging responsibility to pay for all costs to repair damages to park property. The applicant shall also indemnify the City for liability.

3. Applicant Obligations: The department shall prepare a standard agreement or license outlining the applicant's obligations, including any conditions or fees.

a. The Director is authorized to review the required approval standards and/or criteria for construction use licenses and issue final approval, approval with conditions, or withhold final approval for the City. The Director's decision on construction use licenses shall be final unless an appeal is made as hereinafter provided.

b. Upon expiration of the construction use license, the Department will inspect the park property for damage connected to the permitted activity on park property. In the event damage to the park site is found, the applicant shall be contacted by the department to effect restoration within ten (10) working days using an approved and bonded contractor or pay the City for repairs. The department shall specify the extent of damages found, the scope of required repair and replacement work, the procedure for performing the work, and any allowances for additional time to complete the work in the event weather or site conditions would warrant such an allowance.

c. The City reserves the right to file claims for damages against the applicant or the applicant's authorized contractor in the event the applicant fails to effect the required restoration work within the required time frame. The City may also elect to impose penalties in accordance with the penalty provisions of this article.

D. Action On Construction Use License Applications:

1. The following shall be considered by the Director prior to approving or denying a construction use license application:

a. The proposal is permissible under Federal, State, and local laws; and

b. The proposal does not conflict with the location of existing or planned park improvements or other public facilities and improvements or established easements such as, but not limited to sewer and utility lines, flood control, wells, and communications facilities; and

c. The proposed project cannot be reasonably accomplished or accessed by another way or means, other than through park property; and

d. No permanent disruption or damage to an active park use area would occur due to the proposed project or access, nor would a scheduled recreation program be affected; and

e. The site conditions and access route are such that potential damages to park property are avoided or minimized; and

f. The time of year and weather conditions will help minimize potential damage to park property; and

g. The project or access will not result in an excessive number of trips through the park property; and

h. Appropriate provisions for recovery of extraordinary costs to the City for temporary use of property, restoration (subsection E of this section), inspection and monitoring of the proposed project are addressed; and

i. The proposed project is not specifically covered by an existing approved easement and maintenance agreement.

2. The Director shall make a final determination on all applications for construction use licenses within fifteen (15) working days of receipt of a complete application. The Director's action on applications shall be to deny, approve or approve with conditions. A license issued with conditions may be monitored by department staff for compliance with requirements to protect the safety of park users and protect park property and improvements from undue damage or loss. Failure to abide by conditions shall result in revocation of the license and suspension of licensee's activity on park property.

3. An applicant may appeal denial of a construction use license application by written request to the commission. The appeal must be made within ten (10) working days of written notification of the denial and include an appeal fee in an amount as set forth on the fee schedule.

E. Restoration:

1. Provisions for restoration shall be addressed as part of the conditions for a construction use license. All restoration of park property shall comply with department standards and specifications. Department specifications are available upon request. Each restoration project will have its own list of specific requirements. Requirements for enacting restoration work shall be performed according to the department's direction:

a. Department Restoration: The department may restore a construction site to ensure park properties are quickly and safely restored and repaired. All costs associated with labor and materials to restore property to the department's satisfaction shall be paid by the applicant.

b. Applicant Restoration: The department may direct that an applicant restore a construction site through an approved contractor with demonstrated expertise in the repair work required. All contractors must be licensed and bonded for the work to be done. All work shall be accomplished in accordance with department construction standards and materials specifications. The department shall impose a time limit for an applicant's restoration requirements to be completed by the approved contractor. Department staff shall inspect the contractor's work for completeness and quality. Failure to meet restoration requirements in a satisfactory or timely manner shall be subject to the violation provisions of this article.

F. Easements:

1. Applicant: No individual, business, Idaho Public Utilities Commission regulated utility company, or other entity shall install a facility such as, but not limited to: pipe, wire, fiber optic, tower, or any other structure, either temporarily or permanently, without first securing an easement therefore in accordance with the provisions of this article.

2. Process And Fee Requirements:

a. Applicant shall complete a Request for Easement and submit it to the department together with an application fee in the amount set forth by the fee schedule. The request shall contain the applicant's name, contact person, a description of the proposed easement, the park and the specific area over which the applicant seeks the easement.

b. Applicant shall supply a written legal description and a map, stamped by a surveyor or engineer licensed by the State of Idaho, showing the line of the proposed easement and all trees, shrubs, sidewalks, driveways, buildings, etc., within ten feet (10') of the outer edges of the easement.

c. Applicant shall provide an appraisal of the property proposed for the easement valuing it for its highest and best use.

d. If approved, the applicant shall pay the department fifty percent (50%) of the appraised value of the property for the easement. Calculated cost shall be based on the square footage of the easement.

e. Applicant may be required to provide written proof of insurance and/or bonding verification. The department may require additional bonding for large projects.

3. Government And Approved Public Utility Commission (PUC) Regulated Applicant Process: If the applicant is a governmental entity or a utility regulated by the Idaho Public Utilities Commission and seeks an easement through another regulated utility's previously-approved easement, the applicant shall:

a. Show written proof the current easement holder has granted use of the easement to the applicant. No application processing fee is required.

b. Provide a legal description and/or map, stamped by an Idaho State certified surveyor or engineer, showing the proposed utility location on City park property and its relationship to the other utilities in the easement.

c. Applicant may be required to provide written proof of insurance and/or bonding verification. Bonding may be required for large projects.

d. If the applicant desires to be on, or go through City park property (where a utility easement does not exist), the applicant must follow the procedure set forth in subsection F2 of this section.

4. Government And Public Utilities Commission Regulated Businesses Within Public Utility Corridors:

a. If the applicant is a governmental entity or a utility regulated by the Idaho Public Utilities Commission and seeks to be within an established "public utility corridor", the applicant shall submit a legal description and/or map, stamped by a surveyor or engineer licensed in the State of Idaho, showing the proposed utility easement location on City park property and its relationship to existing utility easements.

b. The applicant may be required to prove that the corridor in which it seeks to locate is a legally-established public utility corridor.

c. Private utilities not regulated by the Idaho Public Utilities Commission may not obtain easements in public utility corridors.

d. Fee requirements shall be the same as set forth in subsection F2 of this section.

5. Easement Review Process: Upon receipt of a completed application, the Director shall review the application together with the proposed easement and may seek approval of such easement from the City Council. (Ord. 44-18, 9-25-2018)

7-7A-4: Traffic

No person in any park shall:

A. Enforcement Of Traffic Regulations: Fail to obey all police officers, park employees, and other such persons authorized and instructed to direct traffic whenever and wherever needed in the parks.

B. Obey Traffic Signs: Fail to observe all traffic signs indicating speed, direction, caution, stopping or parking, and all others posted for proper control of traffic and to safeguard life and property.

C. Speed Of Vehicles: Ride or drive a vehicle at a rate of speed exceeding fifteen (15) miles per hour, except upon such roads designated, by posted signs, for faster travel.

D. Operation Confined To Roads: Drive any vehicle on any area except the paved park roads or parking areas, or such other areas as may on occasion be specifically designated as temporary parking areas. (Ord. 44-18, 9-25-2018)

7-7A-5: Recreational Activities

A. Boating, Swimming Or Wading: No person in any park shall boat, windsurf, swim, bathe, or wade in any water or waterways, or pool in any park, except in such water and at places such regulations or restrictions as have been or may be promulgated and posted by the commission.

B. Fishing: No person in any park shall fish in any waters in any park, whether by the use of a hook and line, net, trap, or other device, except in waters designated for that use and under such regulations and restrictions as have been or may be promulgated and posted by the commission.

C. Trapping Devices And Fireworks:

1. Prohibitions: No person in any park shall:

a. Except for authorized beaver or pest removal, use any kind of trapping device.

b. Discharge, or be in possession of, any fireworks, except as provided in subsection C2 of this section.

2. Fireworks Permits:

a. The City Clerk, pursuant to the provisions of section 5-12-61 of this Code and any rules, regulations or policies promulgated thereunder, may grant or deny a permit for the use of fireworks as defined in section 5-12-61 of this Code within Ann Morrison Park only.

b. The City Clerk's issuance or denial of a fireworks permit for Ann Morrison Park shall be subject to prior review and approval by the Boise Parks and Recreation Commission.

c. Issuance of a fireworks permit by the City Clerk shall be subject to such other reasonable conditions as the City Clerk may prescribe, so long as a denial of a fireworks permit or any conditions imposed on the granting of a fireworks permit are reasonably necessary for protection of the public health, safety and welfare.

D. Park Use: No person in any park shall:

1. Regulated: Fail or refuse to comply with directions given by police officers or duly authorized representatives of the Director in regulating the activities in any area when necessary to prevent congestion and to secure the maximum use for the comfort and convenience of all.

2. Availability: Violate the regulation that use of the individual fireplaces, tables and benches follows generally the rules of "first come, first served".

3. Non-Exclusive: Use any portion of a park for the purpose of holding events to the exclusion of other persons, nor shall any person use such area and facilities for an unreasonable time if the facilities are crowded; provided, however, reservations in advance may be made for any park facility where fields, courts, halls, rooms, gyms, gardens, shelters, pavilions, plazas, archery ranges or fireplaces are provided. All persons requesting an advanced reservation shall pay a fee in an amount set forth on the fee schedule and shall observe all department rules and regulations. Failure to observe such department rules and regulations shall, in addition to other applicable penalties, result in the immediate termination of the advanced reservation.

4. Permit Required: Conduct, sponsor, promote or publicly advertise any meeting, concert, theater, athletic event or other public activity in a park; or any activities which include amplified sound, use of equipment or apparatus, sales, closing parkways, fundraising, or interference with the normal and regular use or maintenance of the park without obtaining a park use permit.

5. Moving Tables: Move picnic tables without consulting a duly authorized representative of the Director.

6. Duty Of Reservation Holder: Violate the duty to leave all halls, rooms, gyms and other building and park facilities reserved for use in a condition identical to that when those facilities were permitted to the reservation holder for use. All trash in the nature of boxes, papers, cans, bottles, garbage and other refuse is placed in disposal receptacles where provided. If no such trash receptacles are available, then refuse and trash shall be carried away from the park area to be properly disposed of elsewhere.

E. Camping: No person in any park shall set up tents, shacks, or any other temporary shelter for the purpose of camping as defined in section 7-3A-2 of this title, except by special permission by the Director, nor shall any person leave in a park after closing hours any movable structure or special vehicle to be used, or that could be used, for such purpose such as a motor home, camp-trailer, or the like.

F. Fires: No person in any park shall light, build, or maintain a fire in any public park, except for culinary purposes in park grills, fireplaces, or privately owned grills, and no person shall leave the immediate area without first extinguishing such fire.

G. Games: No person in any park shall take part in or abet the playing of any games involving thrown or otherwise propelled dangerous objects such as stones, arrows or javelins except in areas set apart for such forms of recreation. Golfing or driving golf balls is prohibited except where specific facilities have been provided.

H. Tennis Courts: No person in any park shall fail to observe and/or violate the rules and regulations for the use of such courts as promulgated by the commission.

I. Archery Range: No person in any park shall fail to observe and/or violate rules and regulations for the use of such range promulgated by the commission.

J. Hot Air Balloons: No person in any park shall tether or launch a hot air balloon except by permit issued pursuant to rules and regulations promulgated by the commission.

K. Metal Detectors: No person in any park shall operate a metal detector without obtaining a permit from an authorized agent of the Director. All permittees shall display permit in plain sight and comply with all rules and regulations set forth by the department.

L. Vehicles: No vehicle as said term is defined by section 6-1-1 of this Code shall be permitted in or upon any park except: those vehicles operated and used for pleasure and designed to carry passengers; those vehicles employed by the City; and those vehicles making deliveries within a park.

M. Wheeled Devices: No person in any park shall ride or operate a skateboard, roller skates, scooter, inline skates, bicycle or other wheeled recreation equipment on any brickwork, ornamental surface, picnic table, bench, tennis court, fountain area, wading pool, planter, sculpture or other structure unless otherwise designated as an area where wheeled devices are permitted. (Ord. 44-18, 9-25-2018)

7-7A-6: Alcohol

A. Alcohol Generally: Alcoholic beverages other than beer and wine are prohibited in all Boise City parks and facilities unless the location is a licensed premises or alcoholic beverages other than beer or wine are specifically allowed by this Code. The possession of more than seven and one-half (7.5) gallons of beer and/or wine per person, group, or event shall require a permit from the department.

1. Exception: Alcoholic beverages are not prohibited within the Eighth Street corridor when the possession, sale, or consumption of alcoholic beverages occurs in conjunction with a validly licensed special event. (Ord. 14-19, 5-14-2019)

B. Possession And Consumption: Alcoholic beverages may be possessed and consumed by persons over the age of twenty one (21) years if such possession or consumption falls within one of the exceptions contained in subsection 5-2-10C of this Code, provided that such possession and consumption shall not occur in the following locations:

1. South of the Boise River Greenbelt running from east to west within Julia Davis Park;

2. Within the Richard and Annette Bloch Cancer Survivor Plaza;

3. Within Trevor's Trek Children's Cancer Pavilion.

C. Prohibited Parks And Areas: All alcoholic beverages, including beer and wine, are prohibited in the following Boise City parks, facilities, and areas:

1. Any street, parking lot, restroom, pathway, playground, swimming pool, youth community center, skate park, archery range, cemetery, bike skills facility, or youth sports complex, unless made specifically allowable by this section or by order of the Director.

2. Bernardine Quinn Riverside Park and Quinn's Pond, 3150 West Pleasanton Avenue.

3. Idaho Fallen Firefighter Memorial Park, 1775 West Shoreline Drive.

4. McAuley Park, 1650 West Resseguie Street.

5. Pioneer Community Center, 500 South Ash Street.

6. Shoreline Park, 1375 West Shoreline Drive.

7. Any park or area where alcohol is prohibited by Boise Parks and Recreation signage.

D. Restricted Parks And Areas: Beer and wine is allowed in the following Boise City parks and facilities with a beer and wine permit obtained from the department, and only during a department-scheduled reservation or a department-sponsored activity:

1. Boise Depot Platt Gardens, 2602 West Eastover Terrace.

2. Boise Urban Garden School, 2995 North Five Mile Road.

3. Borah Park, 801 South Aurora Drive.

4. Cecil D. Andrus Park, 601 West Jefferson Street.

5. C.W. Moore Park, 150 South 5th Street.

6. Dick Eardley Senior Center, 690 Robbins Road.

7. Esther Simplot Park, 625 North Whitewater Park Boulevard.

8. Idaho Ice World, 7072 South Eisenman Road.

9. Julia Davis Park, 700 South Capitol Boulevard.

10. Kathryn Albertson Park, 1001 Americana Boulevard.

11. Veterans Memorial Park, 930 North Veterans Memorial Parkway.

12. Jim Hall Foothills Learning Center, 3188 Sunset Peak Road.

E. Greenbelt Restrictions: Alcoholic beverages, including beer and wine, are generally prohibited on the Boise River Greenbelt and entrances thereto that are under the jurisdiction or control of the department, including the area within two hundred fifty feet (250') of the Boise River Greenbelt. Beer and wine is allowed within two hundred fifty feet (250') of the Boise River Greenbelt in the following Boise City parks with a beer and wine permit obtained from the department, and only during a department-scheduled reservation or a department-sponsored activity:

1. Ann Morrison Park, 1000 Americana Boulevard.

2. Julia Davis Park, 700 S. Capitol Boulevard.

3. Kristin Armstrong Municipal Park, 500 South Walnut Street.

4. Marianne Williams Park, 3451 East Barber Valley Drive.

5. Willow Lane Athletic Complex, 4623 West Willow Lane.

F. Beer/Wine Permit Process And Regulations:

1. Applications shall be submitted at least one business day prior to the event at which beer or wine will be served.

2. Groups of fifty (50) or more attendees, or those persons requesting more than seven and one-half (7.5) gallons of beer and wine shall request in advance a beer and wine permit and shall not guarantee site availability.

3. Permits issued in conjunction with reservations are valid only for the date and time set forth on the permit.

4. The department shall review all permit applications to determine if an advanced facility reservation is required.

5. The applicant or the applicant's representative shall sign all permit applications and shall be responsible for the actions of the participants.

6. The representative shall be present at the event site and shall display the permit during the period of the event at which beer or wine will be possessed or consumed.

7. Permit applicants shall be at least twenty one (21) years of age.

8. Persons attending an event at which beer or wine is possessed or served are subject to all Federal, State, County and City Statutes, ordinances, rules and regulations. Violators shall be subject to ejection from the park and/or prosecution. In the event patrons are ejected from a park or otherwise cited for violation of any alcohol-related statute, rule, regulation or policy, any law enforcement officer responding to a complaint or violation may revoke the permit, confiscate any beer or wine associated with the permit and disband the event.

9. In the event that beer or wine possession or consumption authorized by a permit results in the violation of any of the permit conditions, the individual representative and the group will not be granted another permit for a period of one year.

G. Sale Or Distribution:

1. Any person who seeks a Beer/Wine Sales Application for Special Events shall submit a written proposal describing the purpose of the event to the Director or Director's designee at least forty five (45) days prior to the event date.

2. The proposal shall accurately describe the scope of event including security plans and event logistics.

3. Beer or wine sales and consumption shall be limited to a designated, secure area.

4. Applicant shall obtain a catering permit as defined in section 3-3-5 of this Code from Boise City Clerk's Office, and provide liability insurance naming Boise City as additional insured.

5. The department shall review all applications to determine compliance with local and State laws, including Boise City's special event ordinance.

6. All applications require approval by the Boise City special events team and Parks and Recreation Commission.

7. Applicant fees shall be charged in an amount set forth on the fee schedule.

8. Any person who sells, keeps for sale, or dispenses beer or wine in a Boise City park or facility may do so only as local and State laws and regulations allow. (Ord. 44-18, 9-25-2018)

7-7A-7: Behavior

A. Safety And Health: No person shall endanger the safety or health of any other person by any conduct or act. Examples include but are not limited to skydiving, hang-gliding, helicopter landing, bungee jumping, operating trains or kite buggying.

B. Rules And Regulations: No person shall violate any rules and regulations for the use of a park, or any of its facilities or programs, promulgated by the commission.

C. Sound: No person shall operate or aid in the operation of private radios, stereophonic or sound-amplification devices at a greater operating level than sixty two (62) decibels measured at a distance of twenty feet (20') from such radios or devices except by permit in designated areas.

D. Park Closure: No person shall enter or remain in the park during hours of closure, except for purposes of transit through the park, or as authorized by permit.

E. Glass Containers: No person shall use, carry, or be in the possession of any beverage container made of glass.

F. Unlawful Conduct: No person shall engage in any unlawful conduct or criminal activity or in any way commit a violation or breach of the peace, as defined by Idaho Code and/or this Code. (Ord. 44-18, 9-25-2018)

7-7A-8: Dogs

A. No person owning or having the care, custody, possession, or control of a dog or other domestic pet shall permit or allow such dog or pet to enter or remain in any park or open space managed by the department, except:

1. Where such dog or pet is controlled by a leash;

a. Leash length shall not exceed eight feet (8') within two hundred fifty feet (250') of the Boise River Greenbelt.

b. Retractable leash mechanisms are allowed so long as their use is in compliance with the requirements of this section.

2. Where such dog or pet is confined in a motor vehicle;

3. Where in controlled off leash areas in parks and when within thirty feet (30') of the owner and under the voice command of the owner;

4. Where such dog or pet is carried by such person owning or having the care, custody, possession, or control of such dog or pet; or

5. In such areas designated by the order of the Director as training and exercise grounds, subject to the rules and regulations therein and as may be prescribed.

B. No person owning or having the care, custody, possession, or control of a dog or other domestic pet shall:

1. Fail to have in his/her possession the equipment necessary to remove his/her dog's or pet's fecal matter when accompanied by said dog or pet in any park; or

2. Fail to remove the fecal matter deposited by his/her dog or pet in any park before the owner leaves the immediate area where the fecal matter was deposited.

C. No person owning or having the care, custody, possession, or control of a dog or domestic pet shall permit or allow such dog or pet to enter Morris Hill Cemetery, Pioneer Cemetery, Fort Boise Military Cemetery, Hyatt Hidden Lakes Reserve, the Boise Depot, Platt Gardens, Bernardine Quinn Riverside Park and Quinn's Pond, Esther Simplot Park and ponds, Veteran's Memorial Park pond, Marianne Williams Park, BMX park, all Boise City skate parks at any time, and any park where signage is posted by the order of the Director.

D. Unless otherwise posted through signage or prohibited by this Code, dogs may be brought into any park.

E. This section shall not apply to:

1. Police officers and their service animals during the official performance of their duties;

2. Handlers of search and rescue animals during the official performance of their duties; or

3. Persons with disabilities utilizing assistance animals.

4. Any authorized employee or contractor utilizing animals in the course of business with permission from the Director. (Ord. 44-18, 9-25-2018)

F. A violation of subsection B2 of this section shall be an infraction, subject to penalty as provided in section 1-4-2 of this Code. Any other violation of this section shall be an infraction, the penalty for which shall be twenty five dollars ($25.00) excluding court costs and fees. An infraction is a civil public offense, not constituting a crime, which is punishable only by a penalty as provided in section 1-4-2 of this Code and for which no period of incarceration may be imposed. There is no right to trial by jury of a citation or complaint for an infraction and such trials shall be held before the court without a jury. (Ord. 44-18, 9-25-2018; amd. 2019 Code)

7-7A-9: Vending And Signs

A. Except as otherwise specifically provided herein, no person shall:

1. Offer any goods, wares, merchandise, article, or any other thing, or any service or amenity, for sale or rent in a park; or

2. Station or place any stand, cart, or vehicle for the transportation, sale, display, or offering of any goods, wares, merchandise, article, or any other thing, or any service or amenity in a park.

B. A person possessing a valid vendor's permit issued by the Boise City Clerk's Office and operating pursuant to a department-issued permit or a license agreement approved by the commission is exempt from subsection A of this section. Such vendors shall comply with all applicable laws, ordinances, requirements and conditions.

C. Except as otherwise specifically provided herein, no person shall paste, glue, tack, attach, post, or display any sign, plaque, advertisement, or inscription in a park.

D. Employees and agents of the department, and persons acting pursuant to authority granted by the department, are exempt from subsection C of this section.

E. The department is authorized and directed to establish, post, and publish policies and regulations governing the posting of signs, plaques, advertisements, and inscriptions in parks. (Ord. 44-18, 9-25-2018)

7-7A-10: Parks And Greenbelt Smoking Prohibition

A. Findings And Purpose: Public health officials have concluded that secondhand tobacco smoke causes disease, including lung cancer and heart disease, in nonsmoking adults, as well as causing serious conditions such as asthma, respiratory infections, middle ear infections, and sudden infant death syndrome in children. The conclusions of public health officials concerning secondhand tobacco smoke are sufficient to warrant measures that prohibit smoking in places and facilities owned, operated, or managed by the Department of Parks and Recreation in order to protect the public health. Therefore, the City of Boise City exercises the authority granted by Idaho Code sections 39-5511, 39-5713, 50-302, and 50-304. This section shall be liberally construed so as to further its purposes of limiting the exposure of the public to tobacco products and smoke in Boise parks and on the Greenbelt.

B. Smoking Prohibited: Smoking is prohibited in any public park, as defined in section 7-7A-1 of this article, except for the areas specifically declared open to smoking within Ann Morrison Park, Julia Davis Park, and City owned golf courses by the Director.

1. Notice of the smoking prohibition in public parks shall be posted at or near each vehicular entrance or at or near each sidewalk or paved pathway into the park and along the Boise River Greenbelt at intervals of no less than every two (2) miles.

2. Notice of any areas approved by the Director for smoking within Ann Morrison Park, Julia Davis Park, and City-owned golf courses shall be posted at or near each vehicular entrance or at or near each sidewalk or paved pathway into the park. The absence of such posted notices shall constitute evidence the Director has not approved any smoking areas within Ann Morrison Park, Julia Davis Park, and City-owned golf courses and smoking is prohibited throughout the parks.

C. Where Smoking Is Not Regulated: Notwithstanding any other provision of this chapter and section to the contrary, smoking in automobiles, whether in a parking lot or roadway, within a public park shall be exempt from the provisions of this section. Additionally, bona fide Native American religious practices as set forth in section 5-11-11 of this Code are exempt from this section.

D. Other Applicable Laws: This section shall not be interpreted or construed to permit smoking where it is otherwise restricted by other applicable laws.

E. Enforcement: In addition to any law enforcement officer, any citizen who desires to complain about a violation of this section, for which the responding law enforcement officer concludes there is probable cause, may initiate enforcement by requesting to sign a Uniform Citation as the complaining party and State's witness. (Ord. 44-18, 9-25-2018)

F. Penalty: A person who smokes in an area where smoking is prohibited by the provisions of this section shall be guilty of an infraction, subject to penalty as provided in section 1-4-2 of this Code. (Ord. 44-18, 9-25-2018; amd. 2019 Code)

7-7A-11: Park Operating Policy

A. Hours Of Operation: Parks shall be open to the public every day of the year from sunrise to sunset. Visitors and vehicles shall be excluded during the hours of closure except when authorized by permit, where hours are otherwise posted, or for transit through a park. The Mayor shall have the authority to change the hours of any park by proclamation and the publication of that proclamation in the official newspaper of Boise City.

B. Closed Areas: Any section or part of any park may be declared closed to the public by the Director at any time and for any interval of time, either temporarily or at regularly and stated intervals (daily or otherwise) and either entirely or merely for certain uses, as the Director shall find reasonably necessary.

C. Effect Of A Permit: Permittees shall be bound by all park rules and regulations and all applicable ordinances as fully as though the same were explicitly stated in said permit. The person or persons to whom a permit is issued shall be liable for any loss, damage or injuries sustained by any person or property by reason of the negligence of the person or persons to whom such permit shall have been issued. The Director, or a duly authorized representative, shall have the authority to revoke a permit upon a finding of violation of any rule or ordinance, or upon good cause. (Ord. 44-18, 9-25-2018)

7-7A-12: Enforcement

A. Officials: Except where otherwise provided herein, police officers shall enforce the provisions of this article. Animal control officers, code compliance officers or any other officer duly employed or appointed by Boise City's animal control contractor also shall be allowed to enforce the provisions of section 7-7A-8 of this article involving dogs in City parks.

B. Ejectment: A police officer, the Director or a duly authorized representative, shall have the authority to eject from the park any person acting in violation of this article. Any person ejected from the park shall leave promptly and peaceably and shall not return to the park for any reason on the same calendar day of the ejectment.

C. Removal Of Vehicles: Any vehicle parked in violation of this article is subject to removal. (Ord. 44-18, 9-25-2018)

7-7A-13: Penalty

A person, as defined in Idaho State Code section 49-117, violating any of the provisions of this article for which a fixed penalty has not been designated shall be deemed guilty of a misdemeanor and upon conviction thereof shall be subject to penalty as provided in section 1-4-1 of this Code. Nothing in this article shall be construed as to limit City employees or other authorized persons from performing their official or City authorized duties. (Ord. 44-18, 9-25-2018)

ARTICLE B - Prohibited Activities In And Around Boise River

7-7B-1: Prohibited Traffic Activity

This article is intended to address certain acts on or about the Boise River and in and around City parks, as defined in section 7-7A-1 of this chapter. Through regulation of those acts, this article seeks to preserve the safety of recreational traffic on and around the Boise River and in and around City parks to ensure the protection of life and property. In addition to City parks, the provisions of this article shall apply to all public property seventy feet (70') horizontally landward from the ordinary high water mark on either side of the river and including the bed and banks of the river itself. In the above delimited area, it shall be unlawful for any person or persons to:

A. Jump from, throw or drop any object, including a person, from any bridge, tree or other landscape features into the Boise River within fifty feet (50') of any boater, floater, rafter or tuber.

B. Obstruct the pathway, bicycle lane, sidewalk or roadway of any bridge in the City or cause the flow or movement of pedestrians, bicycles or vehicles to be obstructed in the passage across a bridge, including the immediate area surrounding the access to the bridge. "Obstruct" means to stand more than two (2) persons deep along the railing or side of any bridge or along the side of any bridge accessway. Alternatively, "obstruct" means to occupy all or such portion of the path, lane, sidewalk, or road, as to block or delay more than momentarily safe passage of another person or vehicle using the path, lane, sidewalk or road lawfully and carefully.

C. Use or ride in or upon the Boise River within the City any object commonly referred to as a "boogie board", "body board" or "river board", which for the purposes of this section shall be defined to mean any object regardless of the type of material from which it is constructed which creates a surf type wave upon or within the water surface or is used to ride upon or against the current and which is secured by, tied to, held or belayed from any rope, line, cord, bungee or the like attached at any time to any object or fixture within, adjacent to or spanning any portion of the Boise River, except as may be authorized by the Parks and Recreation Commission by rule or regulation with notice of such posted by City in the location where the activity is permitted. (1952 Code § 10-24-01)

7-7B-2: Penalty

A violation of this article is an infraction, subject to penalty as provided in section 1-4-2 of this Code. (1952 Code § 10-24-02; amd. 2019 Code)

ARTICLE C - Watercraft Usage In Public Waterways

7-7C-1: Purpose

It is the intent of the City Council to place reasonable limitations on the recreational use of public waterways to improve safety, foster the greater development, use and enjoyment of the waters in the City by watercraft users consistent with the Idaho Safe Boating Act and the other provisions of this Code. (1952 Code § 10-19-01)

7-7C-2: Watercraft Defined

For purposes of this article, "watercraft" means every vessel used or capable of being used as a means of transporting a person or persons on water, including motorized and nonmotorized devices, such as inflatable rafts, canoes, kayaks and single inner tubes. "Watercraft", for purposes of this article, shall not include diver's aids operated and designed primarily to propel a diver below the surface of the water. (1952 Code § 10-19-02)

7-7C-3: Interference With Watercraft Prohibited

A. Prohibitions: It shall be unlawful for any person to interfere with the lawful operation of any watercraft upon public waters by: jumping, throwing or dropping any object or another from any bridge or public place into the waters of the Boise River within fifty feet (50') of watercraft.

B. Exceptions: This section shall not apply to Boise Fire Department dive team rescue efforts or other emergency rescue operations. (1952 Code § 10-19-03)

7-7C-4: Prohibited Activities By Persons In Watercraft

It shall be unlawful for any person to:

A. Throw any object, such as glass, cans, litter or garbage, from a watercraft. This section shall not apply to otherwise lawful activities such as fishing.

B. Operate a watercraft carelessly and heedlessly or without due caution and circumspection, or at a speed or in a manner as to endanger or be likely to endanger any person or property. (1952 Code § 10-19-04)

7-7C-5: Penalty

A. Any person found in violation of this article, except section 7-7C-3 of this article, shall be guilty of a misdemeanor and, upon conviction, subject to penalty as provided in section 1-4-1 of this Code.

B. Any person in violation of the provisions of section 7-7C-3 of this article shall be guilty of an infraction and, upon conviction, subject to penalty as provided in section 1-4-2 of this Code. (1952 Code § 10-19-05; amd. 2019 Code)