Ordinance NO. ORD-41-25 BY THE COUNCIL CORLESS, HALLYBURTON MORALES, NASH, STEAD AND WILLITS. AN ORDINANCE AMENDING BOISE CITY CODE TITLE 5, CHAPTER 2, GENERAL OFFENSES, BY REPEALING SECTION 3(A)(2); PROVIDING FOR A WAIVER OF THE READING RULES; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the Federal District Court of the State of Idaho has found § 5-2-3(A)(2), loitering, unconstitutional; and, WHEREAS, the City seeks to resolve this matter and ensure the City Code respects the Constitutional rights of all; and, WHEREAS, in order to achieve that goal, the City seeks to update Title 5 Chapter 2 of its Code by removing the loitering provision contained therein. 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 That existing Boise City Code Title 5, Chapter 2, Subsection 3(A)(2), shall be, and hereby is, repealed and stricken from Boise City Code, with subsequent subsections renumbered accordingly. Section 2. That pursuant to the affirmative vote of one-half (1/2) plus one (1) of the members of the full Council, the rule requiring two (2) separate readings by title and one (1) reading in full be, and the same is hereby, dispensed with, and accordingly, this Ordinance shall be in full force and effect immediately upon its passage, approval and publication. ADOPTED by the Council of Boise City, Idaho, on December 2, 2025. APPROVED by the Mayor of the Boise City, Idaho, on December 2, 2025. APPROVED: ATTEST: Lauren McLean, Mayor Jamie Heinzerling, City Clerk IPL0296034 Dec 7 2025