CHAPTER 7
PUBLIC PARKS
ARTICLE A. PUBLIC PARKS
SECTION:
7-7A-1: Definitions
7-7A-2: Prohibited Acts Relating To Park Property
7-7A-3: Park Access, Encroachments, Construction Use And Easements
7-7A-4: Traffic
7-7A-5: Recreational Activities
7-7A-6: Alcohol
7-7A-7: Behavior
7-7A-8: Dogs
7-7A-9: Vending And Signs
7-7A-10: Parks And Greenbelt Smoking Prohibition
7-7A-11: Park Operating Policy
7-7A-12: Enforcement
7-7A-13: Sunset Provision For Special Events With Liquor In City Parks Pilot Program
7-7A-14: Penalty
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 (OR "ALCOHOL"): 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.
LIQUOR: A beverage produced by distilling ethanol produced by means of fermenting grain, fruit, or vegetables, with an alcohol content of at least 16% ABV. The term is interchangeable with the terms "spirits" and "hard alcohol."
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 EVENTS TEAM (OR "SET"): The committee delegated responsibility to review each application for a special event permit as set forth in Boise City Code title 3, chapter 17.
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; Ord. 5-25, 1-28-2025)
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)
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