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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)
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)
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)
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:
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)
A. Alcohol Generally: Alcoholic beverages are prohibited in all Boise City parks and facilities unless the location is a licensed premises or specifically allowed by this chapter or section 5-2-10C of this Code.
B. Possession And Consumption of Beer and Wine: The possession and consumption of beer and wine by persons over the age of twenty one (21) years is generally permitted in all Boise City parks and facilities, except as follows:
1. Prohibited Parks and Facilities: No alcoholic beverages, including beer and wine, shall be possessed or consumed within parks and facilities that are designated alcohol-free by the director. The following are designated alcohol-free parks and facilities:
a. Bernardine Quinn Riverside Park and Quinn's Pond, 3150 West Pleasanton Avenue.
b. Fairview Park, 2300 West Idaho Street.
c. Idaho Fallen Firefighter Memorial Park, 1775 West Shoreline Drive.
d. McAuley Park, 1650 West Resseguie Street.
e. Shoreline Park, 1375 West Shoreline Drive.
f. Any park or area where alcohol is prohibited by Boise Parks and Recreation signage.
2. Prohibited Areas within Parks and Facilities. No alcoholic beverages, including beer and wine, shall be possessed or consumed within the areas designated alcohol-free by the director. The following are alcohol-free areas within Boise City parks and facilities:
• South of the Boise River Greenbelt running from east to west within Julia Davis Park;
• The Richard and Annette Bloch Cancer Survivor Plaza;
• The Trevor's Trek Children's Cancer Pavilion;
• 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; or
• The area within two hundred fifty feet (250') of the Boise River Greenbelt and entrances thereto that are under the jurisdiction or control of the department, unless specifically permitted within the following specified parks, with a current and valid City Park Beer/Wine Consumption Permit issued by the department, and only during a department-scheduled reservation or a department-sponsored activity:
• Ann Morrison Park, 1000 Americana Boulevard.
• Julia Davis Park, 700 S. Capitol Boulevard.
• Kristin Armstrong Municipal Park, 500 South Walnut Street.
• Marianne Williams Park, 3451 East Barber Valley Drive.
• Willow Lane Athletic Complex, 4623 West Willow Lane.
3. Restricted Parks, Facilities, and Circumstances:
a. The possession and consumption of beer and wine is only allowed in the following Boise City parks and facilities with a City Park Beer/Wine Consumption or Sale Permit obtained in advance 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.
b. 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 City Park Beer/Wine Permit obtained in advance from the department, but does not require the reservation of a park or facility.
C. Liquor within Parks and Facilities: The possession, sale, or consumption of liquor within City parks and facilities shall only be allowed upon obtaining all necessary Park permits (i.e., City Park Alcohol Sales Permit and City park or facility reservation and rental) and a City Clerk-issued catering permit in conjunction with a valid special event permit issued by the City's Special Events Team for an event located within a City park or facility that allows the possession and consumption of beer and wine, which shall include the Eighth Street corridor and exclude Cecil D. Andrus Park.
D. City Park 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 is 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.
E. Sale Or Distribution of Alcoholic Beverages:
1. Any person who seeks an Alcohol Sales Application for Special Events shall submit a written proposal describing the purpose of the event to the Director 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. Alcohol 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 most current version of the City's Master Fine and Fee schedule.
8. Any person who sells, keeps for sale, or dispenses alcoholic beverages in a Boise City park or facility may do so only as local and State laws and regulations allow.
9. All alcohol sold or distributed under a valid City special events permit shall be served in containers that are not labeled or branded by an alcohol manufacturer or distributor.
(Ord. 44-18, 9-25-2018; amd. Ord. 5-25, 1-28-2025)
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)
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)
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