Ordinance - 2021 - 847 - Amending Title 5 - 05/11/2021 ORDINANCE NO. 847
AN ORDINANCE OF THE CITY OF EAGLE, ADA COUNTY, IDAHO, AMENDING
TITLE 5 "POLICE REGULATIONS", CHAPTER 8, "DISORDERLY CONDUCT";
PROVIDING FOR A SEVERABILITY CLAUSE; PROVIDING FOR A SUMMARY;
AND PROVIDING AN EFFECTIVE DATE.
WHEREAS,the City of Eagle, Idaho is a municipal corporation organized and operating
under the laws of the State of Idaho; and
WHEREAS, the Mayor and City Council of the City of Eagle desire to protect the health,
safety and welfare of the citizens of Eagle by updating regulations relating to disorderly
conduct; and
NOW, THEREFORE,BE IT ORDAINED BY THE MAYOR AND CITY COUNCIL OF
THE CITY OF EAGLE, Ada County, Idaho;
Section 1: That Title 5, Chapter 8, Section 1, be and is hereby amended to read as
follows with underline text to be added and strike through text to be deleted:
5-8-1: DEFINITIONS;INDICATIONS:
A. Definitions:
AUTOMATIC TELLER MACHINE: A device linked to a financial institution's account
records, which is able to carry out transactions, including but not limited to, account
transfers,deposits,cash withdrawals,balance inquiries,and mortgage,loan,and credit card
payments.
AUTOMATIC TELLER MACHING FACILITY: The area comprised of one or more
automatic teller machines and any adjacent space which is made available to banking
customers after regular banking hours.
DISORDERLY CONDUCT: Any person-whe leitcrs, prewls, or wanders upon private
paid the appropriate fce for, at a time that has been reserved for another person.
FINANCIAL INSTITUTION: Any bank, industrial bank, credit union, savings and loan,
check cashing business, or other financial business.
B. Indications:
1. While in the violation of the above, pecks in a deer er window of an inhabited
building or structure; or
Page 1 of 6
C:\Users\hcsencsits\Desktop\Ord 847-Disorderly Conduct 05 10 2021.docx
2. Urinates or defecates in any public place or i Mlaee ^ n t^ he public or
3. Wilfully floes_or attempts to chide a pease officer after being lawfully ordered to
stop by an identified peace officer.
Section 2: That Title 5, Chapter 8, Section 2, be and is hereby amended to read as
follows with underline text to be added and strike through text to be deleted:
5 8 2: ENFORCEMENT:
A. Peace O ie Cit tion: "ny peace officer or person empowered to enforce this
th a th a ^ i f sta n is o omoobseryation
vr-cc=vzvrcccrvxr-drrcrn�cr�cxx��xcve�.m7--vr-cc-crcizcn�vrirprccxnunro�r�rrcrcca.......,,.........»,-.,-...��
signing the citation officer or person is-eePtif3fing 4hat he has reasonable grounds to believe
that the p cited ha. c matted the o f nse contra..,
B. Citizen Citation: A uniform citation may a
offi i or.r en ear. . eref to enf rye t s Y.o.ision o4this code ih se _-a_ a shall be
endorsed
on the citation.
5-8-2: PROHIBITED CONDUCT:
A. It shall be unlawful for any person to engage in acts of aggressive solicitation which
includes, but is not limited to:
1. Soliciting a person by accosting or speaking to the individual or individuals in such
a manner as would cause a reasonable person to fear imminent bodily harm or the
commission of a criminal act upon his person, or upon property in his immediate
possession;
2. Soliciting by touching someone without that person's consent;
3. Using obscene or abusive language toward someone while attempting to solicit that
person;
4. Forcing oneself upon the company of another by continuing to solicit in close
proximity to an individual who has made a negative response by verbal or physical
signs or by attempting to leave the presence of the person soliciting, or by other
negative indication;
5. Blocking the path of the individual being solicited; otherwise engaging in conduct
that could reasonably be construed as intending to force a person to accede to a
solicitation;
Page 2 of 6
C:\Users\hcsencsits\Desktop\Ord 847-Disorderly Conduct 05 10 2021.docx
6. Soliciting within 50 feet of the entrance to any financial institution, any automatic
teller machine or any automatic teller facility;
7. Soliciting persons seated at any permitted outdoor dining area or outdoor
merchandise area,provided such areas are in active use at the time;
8. Soliciting while the person being solicited is standing in line waiting to be admitted
to a commercial establishment;
9. Soliciting after dark,which shall mean one-half hour after sunset until one-half hour
before sunrise;
10. Soliciting in a school zone duringthe time of arrival of students at the beginning of
the school day and/or during the time of the departure of students at the end of the
school day.
B. It shall be unlawful for any person to engage in acts of disorderly conduct which
includes, but is not limited to:
1. Loitering, prowling, or wandering upon private property of another without lawful
business,permission or invitation from the owner or person in lawful possession of the
private property.
2. Refusing to vacate a municipal park facility which they have not reserved the time
and paid the appropriate fee for, at a time that has been reserved for another person.
3. Occupying, lodging or sleeping in any building, structure or place, whether public
or private, or any automobile,truck,railroad car or other similar vehicles or equipment
without the permission of the owner or person entitled to the possession or in control
thereof
4. Urinating or defecating in any public place not designated as a public restroom or
in any place exposed to public view;
5. Willfully fleeing or attempting to elude a peace officer after being lawfully ordered
to stop by an identified peace officer;
6. Any conduct which may be deemed to be in a riotous, violent, or noisy manner;
7. Any conduct that results in a breach of the peace of another person(s)or endangers
the health and safety of another person(s).
C. Person to Vehicle Transactions (public fight-of-way): Unless otherwise permitted
within Title 3, Chapter 4 of this code, it shall be unlawful for any person, while standing
in any portion of a public right-of-way, including but not limited to public streets,
highways, sidewalks, and driveways, to exchange or attempt to exchange goods, wares,
Page 3 of 6
C:\UsersUresencsits\Desktop\Ord 847-Disorderly Conduct 05 10 2021.docx
merchandise, personal property, contributions of money or any other property from any
person travelling in a vehicle along any public right-of-way or private street.
D. Person to Vehicle Transactions (private property): It shall be unlawful for any person,
while standing on private property to exchange or attempt to exchange goods, wares,
merchandise, personal property, contributions of money or any other property from any
person occupying a vehicle while on private property unless that person has written
permission from the property owner and the following:
1. The owner or person in lawful possession of the private property establishes a written
policy which provides area(s) for the lawful solicitation of employment, business, or
contributions of money or other property, in locations which are accessible to the
public;
2. A copy of said policy shall be submitted to the City to be maintained in City files;
3. The owner or person in lawful possession of the private property has caused a notice
to be posted in a conspicuous place at each entrance to the property not less than eleven
(11)by seventeen(1'flinches in size with lettering not less than one inch in height and
not to exceed six (6) square feet in total area. The notice shall be substantially in the
following form:
"It is a misdemeanor to engage in the solicitation of employment, business or
contributions of money or other property in areas of this property which are not
approved for such activity by the property owner."
E. Vehicle to Person Transactions: It shall be unlawful for any person, while the occupant
of any vehicle, to solicit, or attempt to solicit, employment, business or contributions of
money or other property from a person who is within the public right-of-way, including,
but not limited to a public street, highway, sidewalk, or driveway unless otherwise
permitted within Tile 3 of this code.
Section 3: That Title 5, Chapter 8, Section 3, be and is hereby amended to read as
follows with underline text to be added and strike through text to be deleted:
5 8 3: PENALTY:
„a p ;shed ., idea ; e tion 1 4 1 e f this codo
5-8-3: ENFORCEMENT:
A. Peace Officer Citation: Any peace officer or person empowered to enforce this
provision of this code is authorized to issue a uniform citation upon his own observation
of a violation without the necessity of a citizen complainant's signature on said citation. By
signing the citation officer or person is certifying that he has reasonable grounds to believe
that the person cited has committed the offense contrary to law.
Page 4 of 6
C:\Users\hcsencsits\Desktop\Ord 847-Disorderly Conduct 05 10 2021.docx
B. Citizen Citation: A uniform citation may also be signed by any citizen or person in
whose presence an alleged violation of this chapter occurred and be witnessed by a peace
officer or person empowered to enforce this provision of this code whose name shall be
endorsed on the citation.
Section 4: That Title 5, Chapter 8, Section 4, be and is hereby added as a new
section to read as follows with underline text to be added:
5-8-4: PENALTY:
Any person violating any of the provisions of this chapter shall be guilty of a misdemeanor
and punished as provided in section 1-4-1 of this code.
Section 5: The provisions of this ordinance are hereby declared to be severable and
if any provision of this act or the application of such provision to any person or
circumstance is declared invalid for any reason, such declaration shall not affect the
validity of remaining portions of this ordinance.
Section 6: This ordinance shall take effect and be in force from and after its
passage, approval, and publication as required by law. In lieu of publication of the entire
ordinance, a summary thereof in compliance with Section 50-901A, Idaho Code, may be
published.
Page 5 of 6
C:\Users\hcsencsits\Desktop\Ord 847-Disorderly Conduct 05 10 2021.docx
ih
Approved and adopted this C�-" day of /11
, 2021
CITY OF EAGLE
Ada County, Idaho
riSs n Pierce
ayor
ATTEST: ��,••sss. m.%,,�
,c'i OFF�t ••,,
Tracy E. orn ' '� •• �•.. �'•
City Clerl •• SEAL I. *
•,., •OF I% ?',,
Page 6 of 6
C:\Users\hcsencsits\Desktop\Ord 847-Disorderly Conduct 05 10 2021.docx