Ordinance NO. ORD-21-25 BY THE COUNCIL CORLESS, HALLYBURTON, MORALES, NASH, STEAD AND WILLITS. AN ORDINANCE AMENDING BOISE CITY CODE TITLE 5, CHAPTER 7, NOISE CONTROL; AMENDING EXCEPTIONS TO PROVIDE AN EXCEPTION FOR FIRST AMENDMENT PROTECTED ACTIVITIES; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the city of Boise City ("City"), through Idaho Code ("I.C.") §§ 50-302 and 50-308, as well as Article 12, Section 2 of the Idaho Constitution, can regulate, limit, and control noise and disturbances within the City; and WHEREAS, Boise City Code ("B.C.C.") Title 5, Chapter 7 regulates sounds that can be hazardous to health, safety, welfare, and quality of life; and WHEREAS, B.C.C. Title 5, Chapter 7, Section 4 currently exempts certain sounds from the regulations contained within that Chapter for public safety and community activities; and WHEREAS, the City is amending B.C.C. Title 5, Chapter 7, Section 4 to provide an exception for noises created by First Amendment protected activities. BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF BOISE CITY, IDAHO: Section 1. That existing Boise City Code Title 5, Chapter 7, Section 4, shall be, and hereby is, amended to read as follows: 5-7-4: EXEMPTIONS: The following sounds are exempted from the provisions of this chapter: A. Sounds caused by any emergency vehicle or personnel when responding to an emergency call or acting in time of emergency; B. Sounds caused by activities upon any outdoor Municipal, school, religious or publicly owned property or facility; provided, that such activities have been authorized by the owner of such property or facility or its agent; C. Sounds caused by parades, fireworks displays or any other event for which a permit for that type of activity is required and has been obtained from the authorized governmental entity within such hours as may be imposed as a condition for the issuance of said permit; D. Sounds caused by locomotives or other railroad equipment; E. Sounds caused by burglar alarms that are not in violation of this Code; F. Sounds caused by safety warning devices required by law; G. Sounds caused by devices approved for use within the confines of the particular zoning designation that the device is located or pursuant to a conditional use permit (i.e., drive-through window speakers, car lot PA systems); H. Sounds emanating from devices used within the common areas of a multi-unit facility whose use has been approved by the owners or management of the facility. Said use must be in compliance with any regulations imposed by the owners or management of the facility to be exempt under this chapter. This exemption only applies in relation to other units within the same facility. I. Notwithstanding any other provision in this section, sounds caused by the exercise of a right guaranteed by the First Amendment to the United States Constitution or Article I, Sections 9 and 10 of the Idaho Constitution; including, for example, but not limited to, rallies, marches, addresses, and performances on or in any public street, way, sidewalk, plaza, or park. Section 2. That this Ordinance shall be in effect immediately upon its passage, approval, and publication. ADOPTED by the Council of Boise City, Idaho, on July 8, 2025. APPROVED by the Mayor of the Boise City, Idaho, on July 8, 2025. APPROVED: ATTEST: Lauren McLean, Mayor Jamie Heinzerling, City Clerk IPL0253205 Jul 13 2025