Skip to code content (skip section selection)
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)