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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)
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)
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)
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)
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)
Current state and city code generally allows for the off-premises sale and service of liquor under a City-approved alcohol catering permit upon public property with certain exceptions, one of which is City parks or recreation facilities. Some special events organizers seeking to accommodate the demands of their event participants and to maximize event profits, have requested the City amend its code to allow for the sale of liquor at special events being held within City parks and recreation facilities. Thus, the City is conducting a one (1) year pilot program to allow for the sale of liquor under an alcohol catering permit at special events occurring in certain City parks and recreation facilities.
Any code amendments made to Boise City Code sections 3-17-2A, 3-17-3, 5-2-10, 7-7A-6 and 7-7A-13 specifically authorizing the sale, service, or consumption of liquor within a City park or recreation facility shall expire automatically on January 31, 2026, and thereafter be repealed from City Code, unless terminated, modified, or extended by ordinance before that date. No less than thirty (30) days prior to February 1, 2026, the Boise Police Department and any other necessary City staff, shall provide to the City Council a report containing information, data, feedback, and recommendations regarding the pilot program.
(Ord. 5-25, 1-28-2025)
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)
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