reglab/statecodes huggingface dataset:
2023 Idaho Code › Title 50 - MUNICIPAL CORPORATIONS › Chapter 2 - GENERAL PROVISIONS — GOVERNMENT — TERRITORY › Section 50-224 - EFFECT OF ANNEXATION — CEMETERY DISTRICTS EXEMPTED.

50-224. EFFECT OF ANNEXATION — CEMETERY DISTRICTS EXEMPTED. Upon compliance with the provisions of section 63-215, Idaho Code, all the property situated within the said annexed territory shall be subject to taxation as other property and persons within the corporate limits of such city, as though said annexed portion had been a part of the said city from the date of its incorporation.
When the annexed area or any part thereof is situated in any district, organized under the laws of this state, and said district is supported in whole or in part by taxes levied upon the annexed territory or any part thereof, and said district provides the same or similar services as that provided by the annexing city, the annexed area shall, upon the filing of the certified copy of said ordinance, be relieved of all liability for levies, taxes and assessments made by said district after the calendar year in which said annexation occurred. The purpose of this section is to prevent duplicate taxation of said annexed area for the same or similar services by such district and the annexing city.
The filing of the certified copy of said ordinance shall constitute a withdrawal of said annexed territory from the district, offering the same or similar services to the annexed territory as the annexing city, which withdrawal shall be effective as of December 31 of the calendar year of annexation, such withdrawal shall have the same effect as if the withdrawal had been made by the statutory procedure for withdrawing from such district.
However, this section shall not apply to public cemetery districts created prior to the date of the annexation ordinance, and that the annexing city may not levy taxes for cemetery maintenance within the bounds of an existing cemetery district. Cities which have heretofore levied taxes for cemetery maintenance on property within an existing cemetery district shall discontinue that practice from and after the date this act becomes effective.
History:
[50-224, added 1967, ch. 429, sec. 17, p. 1249; am. 1967, ch. 432, sec. 1, p. 1418; am. 1970, ch. 47, sec. 1, p. 97; am. 1996, ch. 322, sec. 48, p. 1077.]
2023 Idaho Code › Title 50 - MUNICIPAL CORPORATIONS › Chapter 2 - GENERAL PROVISIONS — GOVERNMENT — TERRITORY › Section 50-225 - EXCLUSION OF TERRITORY.

50-225. EXCLUSION OF TERRITORY. The boundaries of any city in this state may be altered and a portion of the territory thereof excluded therefrom, and the councils of such cities are hereby granted power to enact ordinances for that purpose. Such alteration shall not relieve any territory excluded from the limits of a city from its liability on account of any outstanding bonded or other indebtedness of such city or of any bonded or other indebtedness of any improvement district of which the excluded territory is an existing part at the time of the passage of such ordinance. For the purpose of collecting any of the indebtedness specified in this section, the territory so excluded shall be and remain under the jurisdiction of such city. Immediately after the passage, approval and publication of said ordinance, a copy thereof duly certified by the clerk of said city shall be filed in compliance with the provisions of section 63-215, Idaho Code. Thereafter, the boundaries of said city shall be as set forth in said ordinance.
History:
[50-225, added 1967, ch. 429, sec. 18, p. 1249; am. 1996, ch. 322, sec. 49, p. 1078.]
2023 Idaho Code › Title 50 - MUNICIPAL CORPORATIONS › Chapter 2 - GENERAL PROVISIONS — GOVERNMENT — TERRITORY › Section 50-226 - SEPARATION OF AGRICULTURAL LANDS — PETITION.

50-226. SEPARATION OF AGRICULTURAL LANDS — PETITION. The owner or adjoining owners of any platted or unplatted tract or tracts of land containing not less than five (5) acres, included within the corporate limits of any city in this state and used exclusively for agricultural purposes, provided, however, if there is upon or over such tract or tracts of land a railroad or canal right of way, such tract or tracts shall, if no other reason exists, be deemed to be used exclusively for agricultural purposes, within the meaning of this section, may petition the district court of the county in which such tract or tracts of land are situated for a judgment and decree of the court detaching such tract or tracts of land from such city.
History:
[50-226, added 1967, ch. 429, sec. 97, p. 1249.]
2023 Idaho Code › Title 50 - MUNICIPAL CORPORATIONS › Chapter 2 - GENERAL PROVISIONS — GOVERNMENT — TERRITORY › Section 50-227 - SEPARATION OF AGRICULTURAL LANDS — NOTICE OF PETITION AND HEARING THEREON.

50-227. SEPARATION OF AGRICULTURAL LANDS — NOTICE OF PETITION AND HEARING THEREON. Upon the filing of such petition with the clerk of such court and paying a fee of ten dollars ($10.00), which fee shall be in full for all clerk’s fees except the regular fees provided by law on the appeals, the said court shall fix a time for the hearing thereupon, which shall not be less than thirty (30) days from the filing of such petition, and the petitioners shall serve or cause to be served a notice of such hearing upon the mayor or clerk of such city at least twenty (20) days before the time fixed for such hearing.
The said petitioner or petitioners shall also cause to be published once a week in two (2) consecutive weekly issues in some newspaper published in said city where the land sought to be detached is situated, or, in case no newspaper is published in said city, cause notices to be posted in at least three (3) conspicuous places in said city, said notice stating the time and place of such hearing and that any person desiring to protest or object to the granting of the prayer of said petition may do so by filing with the clerk of said court at least two (2) days before the day set for the hearing of said petition his objections or protests in writing. Such notice shall state generally the purpose of the petition and the location and description of the land sought to be detached from the corporate limits of said city.
History:
[50-227, added 1967, ch. 429, sec. 98, p. 1249.]
2023 Idaho Code › Title 50 - MUNICIPAL CORPORATIONS › Chapter 2 - GENERAL PROVISIONS — GOVERNMENT — TERRITORY › Section 50-228 - SEPARATION OF AGRICULTURAL LANDS — REPLY TO PROTESTS — VERIFICATION.

50-228. SEPARATION OF AGRICULTURAL LANDS — REPLY TO PROTESTS — VERIFICATION. The petitioner or petitioners may, after any such petitions or objections are filed with the clerk at any time before the hour of the hearing on said petition, in their discretion, file with the judge or clerk replies in writing to said protests or objections. Neither said petition nor objections, protests nor reply need be verified.
History:
[50-228, added 1967, ch. 429, sec. 99, p. 1249.]
2023 Idaho Code › Title 50 - MUNICIPAL CORPORATIONS › Chapter 2 - GENERAL PROVISIONS — GOVERNMENT — TERRITORY › Section 50-229 - SEPARATION OF AGRICULTURAL LANDS — HEARING.

50-229. SEPARATION OF AGRICULTURAL LANDS — HEARING. The hearing herein provided on said petition shall be held within the corporate limits of the city in which said lands sought to be detached are situated. The regular district court reporter shall reduce to writing the testimony and evidence introduced, the same as in trial of civil actions. The judge of such court, either before or after said hearing, may view the lands and premises sought to be detached, as well as other lands or property within the corporate limits of such city, which might in any way be affected by the granting of such petition, and lands on the outside of such city in the same vicinity or locality in which the lands sought to be detached are situated, and may consider such conditions as he finds in connection with the evidence introduced on the hearing, in making and arriving at his final decision and determination of the matter.
No tract or tracts of land shall be detached from any city which by such detachment, would materially mar the symmetry of such city.
History:
[50-229, added 1967, ch. 429, sec. 100, p. 1249.]
2023 Idaho Code › Title 50 - MUNICIPAL CORPORATIONS › Chapter 2 - GENERAL PROVISIONS — GOVERNMENT — TERRITORY › Section 50-230 - SEPARATION OF AGRICULTURAL LANDS — JUDGMENT OF SEPARATION.

50-230. SEPARATION OF AGRICULTURAL LANDS — JUDGMENT OF SEPARATION. If, upon the hearing, the court shall find that such tract or tracts of land are tracts containing at least five (5) acres and are included within the corporate limits of such city and the lands included within such tract or tracts are used exclusively for agricultural purposes, provided, however, if there is upon or over such tract or tracts of land a railroad or canal right of way, such tract or tracts shall, if no other reason exists, be deemed to be used exclusively for agricultural purposes, within the meaning of this section; that such lands do not receive sufficient special benefits to justify the retention of said lands within the corporate limits of such city, and that by the detachment of said lands the symmetry of the city would not be materially marred, then the judge of said court shall grant the prayer of said petition and shall enter judgment and decree accordingly: Provided, however, that if said petition prays for detaching several tracts of land the court may enter judgment granting the prayer of the petition as to such tract or tracts as come within his findings as aforesaid and deny such petition as to such tract or tracts which do not come within his findings as aforesaid.
And said tract or tracts of land sought to be detached and for which the said judgment is entered detaching the same shall, upon the entering of said judgment, become detached from such city and the corporate boundary line or limits of said city shall be deemed changed accordingly, and said tract or tracts so detached shall be free from the government of such corporation from said date.
It shall not be necessary for the judge of the court, prior to entering his judgment, or at any time, to make written findings of fact or conclusions of law. Within twenty (20) days after the filing of said decree the petitioner shall file or cause to be filed with the county recorder and with the city clerk a certified copy thereof.
History:
[50-230, added 1967, ch. 429, sec. 101, p. 1249.]
2023 Idaho Code › Title 50 - MUNICIPAL CORPORATIONS › Chapter 2 - GENERAL PROVISIONS — GOVERNMENT — TERRITORY › Section 50-231 - SEPARATION OF AGRICULTURAL LANDS — LIABILITY FOR BONDED INDEBTEDNESS.

50-231. SEPARATION OF AGRICULTURAL LANDS — LIABILITY FOR BONDED INDEBTEDNESS. Such separation shall not relieve any such tract of land from its liability on account of any outstanding bonded indebtedness of such city existing at the time of its separation therefrom.
History:
[50-231, added 1967, ch. 429, sec. 102, p. 1429.]
2023 Idaho Code › Title 50 - MUNICIPAL CORPORATIONS › Chapter 2 - GENERAL PROVISIONS — GOVERNMENT — TERRITORY › Section 50-232 - SEPARATION OF AGRICULTURAL LANDS — STREETS NOT AFFECTED BY SEPARATION.

50-232. SEPARATION OF AGRICULTURAL LANDS — STREETS NOT AFFECTED BY SEPARATION. The detaching of any lands from the corporate limits of any city under the provisions of this chapter shall not affect or change the status of any public streets or highways as the same are laid out, constructed or dedicated at the time of such detachment, but any public streets or highways included within the territory detached shall cease to be a part of such city.
History:
[50-232, added 1967, ch. 429, sec. 103, p. 1429.]
2023 Idaho Code › Title 50 - MUNICIPAL CORPORATIONS › Chapter 2 - GENERAL PROVISIONS — GOVERNMENT — TERRITORY › Section 50-233 - SEPARATION OF AGRICULTURAL LANDS — APPEAL.

50-233. SEPARATION OF AGRICULTURAL LANDS — APPEAL. Any city or any person aggrieved by the judgment of the court entered as herein provided may appeal from such decision and judgment to the Supreme Court. The procedure of said appeal shall be the same as the procedure on appeal from final judgment in civil actions.
History:
[50-233, added 1967, ch. 429, sec. 104, p. 1249.]
2023 Idaho Code › Title 50 - MUNICIPAL CORPORATIONS › Chapter 2 - GENERAL PROVISIONS — GOVERNMENT — TERRITORY › Section 50-234 - LEASE OF MINING PROPERTY BY CITY.

50-234. LEASE OF MINING PROPERTY BY CITY. Except as otherwise provided by law, whenever it has been determined or appears probable that any property of a city has become valuable by reason of veins, lodes, or other deposits of mineral underlying said property, the corporate authority of any city, upon the affirmative vote of one half (1/2) plus one (1) of the members of the full council, shall have the power, by ordinance, to grant a lease in and to such minerals, with the right to mine for and extract the same, provided, that the surface of said property shall be in no wise interfered with or disturbed. Such lease shall provide for such royalties and shall contain such other terms and provisions as said council may deem proper, but in no case shall any such lease be made for a greater period than twenty-five (25) years.
History:
[50-234, added 1967, ch. 429, sec. 19, p. 1249.]
2023 Idaho Code › Title 50 - MUNICIPAL CORPORATIONS › Chapter 2 - GENERAL PROVISIONS — GOVERNMENT — TERRITORY › Section 50-235 - TAX LEVY FOR GENERAL AND SPECIAL PURPOSES — REBATES.

50-235. TAX LEVY FOR GENERAL AND SPECIAL PURPOSES — REBATES. (1) The city council of each city is hereby empowered to levy taxes for general revenue purposes not to exceed nine-tenths percent (.9%) of the market value for assessment purposes on all taxable property within the limits of the city in any one (1) year, and such levies for special purposes as are or may hereafter be provided, on all property within the limits of the city, taxable according to the laws of the state of Idaho, the valuation of such properties to be ascertained from the assessment rolls of the proper county.
(2) The city council of each city is hereby empowered to issue property tax rebates from its general fund to property taxpayers in its jurisdiction. A city council voting to issue such property tax rebates shall pass an ordinance describing the total amount appropriated for the program, providing instructions and a deadline for property taxpayers to apply for the rebate, and setting forth the formula for determining the tax rebate amounts, the method of distributing rebates, and other matters necessary to administer the program. However, the ordinance is subject to the following limitations:
(a) If a city chooses to have a property tax rebate program with the same parameters as the property tax reduction program provided for in chapter 7, title 63, Idaho Code, the state tax commission shall provide the city with a list of the names and addresses of all taxpayers within the city limits approved for benefits under the property tax reduction program so that the city can advise such taxpayers of the city program.
(b) The total amount of any rebate by the city plus any amount paid on behalf of the applicant by the state of Idaho through the property tax reduction program may not exceed the amount of property taxes payable by the property owner on the applicable property.
(c) A city is not required by this subsection to have a rebate program. The decision is completely within the discretion of the city council as to whether any rebate program pursuant to this subsection is appropriate in any given year. If a rebate program is funded in an amount insufficient to rebate all claims, the proper rebate claims shall be added up and every claimant’s rebate share reduced in a uniform amount.
History:
[50-235, added 1967, ch. 429, sec. 37, p. 1249; am. 1974, ch. 186, sec. 2, p. 1491; am. 1995, ch. 82, sec. 21, p. 233; am. 2022, ch. 97, sec. 1, p. 339.]
2023 Idaho Code › Title 50 - MUNICIPAL CORPORATIONS › Chapter 2 - GENERAL PROVISIONS — GOVERNMENT — TERRITORY › Section 50-236 - CAPITAL IMPROVEMENT FUND LEVY — LIMITATIONS.

50-236. CAPITAL IMPROVEMENT FUND LEVY — LIMITATIONS. Cities are hereby empowered to establish a "Capital Improvements Fund", by ordinance, and levy a special tax not to exceed in the aggregate four-hundredths per cent (.04%) of market value for assessment purposes in any one (1) year. Said fund shall never exceed in the aggregate four-tenths per cent (.4%) of the market value for assessment purposes of the city. Such funds shall not be subject to the provisions of section 50-1014, Idaho Code. Said ordinance shall identify the specific purpose for which the capital improvements fund shall be used.
History:
[50-236, added 1967, ch. 429, sec. 43, p. 1249; am. 1980, ch. 350, sec. 21, p. 906.]
2023 Idaho Code › Title 50 - MUNICIPAL CORPORATIONS › Chapter 2 - GENERAL PROVISIONS — GOVERNMENT — TERRITORY › Section 50-237 - BORROW MONEY.

50-237. BORROW MONEY. All cities may borrow money and pledge the credit, revenue and public property of the corporation for the payment thereof, in the manner provided by law, and to evidence the same by issuance of bonds, notes or warrants.
History:
[50-237, added 1967, ch. 429, sec. 38, p. 1249.]
2023 Idaho Code › Title 50 - MUNICIPAL CORPORATIONS › Chapter 3 - POWERS › Section 50-301 - CORPORATE AND LOCAL SELF-GOVERNMENT POWERS.

50-301. CORPORATE AND LOCAL SELF-GOVERNMENT POWERS. Cities governed by this act shall be bodies corporate and politic; may sue and be sued; contract and be contracted with; accept grants-in-aid and gifts of property, both real and personal, in the name of the city; acquire, hold, lease, and convey property, real and personal; have a common seal, which they may change and alter at pleasure; may erect buildings or structures of any kind, needful for the uses or purposes of the city; and exercise all powers and perform all functions of local self-government in city affairs as are not specifically prohibited by or in conflict with the general laws or the constitution of the state of Idaho.
History:
[50-301, added 1967, ch. 429, sec. 6, p. 1249; am. 1976, ch. 214, sec. 1, p. 784.]
2023 Idaho Code › Title 50 - MUNICIPAL CORPORATIONS › Chapter 3 - POWERS › Section 50-302 - PROMOTION OF GENERAL WELFARE — PRESCRIBING PENALTIES.

50-302. PROMOTION OF GENERAL WELFARE — PRESCRIBING PENALTIES. (1) Cities shall make all such ordinances, bylaws, rules, regulations and resolutions not inconsistent with the laws of the state of Idaho as may be expedient, in addition to the special powers in this act granted, to maintain the peace, good government and welfare of the corporation and its trade, commerce and industry. Cities may enforce all ordinances by fine, including an infraction penalty, or incarceration; provided, however, except as provided in subsection (2) of this section, that the maximum punishment of any offense shall be by fine of not more than one thousand dollars ($1,000) or by imprisonment not to exceed six (6) months, or by both such fine and imprisonment.
(2) Any city which is participating in a federally mandated program, wherein penalties or enforcement remedies are required by the terms of participation in the program, may enforce such requirements by ordinance, to include a criminal or civil monetary penalty not to exceed one thousand dollars ($1,000), or imprisonment for criminal offenses not to exceed six (6) months, or to include both a fine and imprisonment for criminal offenses.
History:
[50-302, added 1967, ch. 429, sec. 27, p. 1249; am. 1976, ch. 145, sec. 2, p. 530; am. 1978, ch. 260, sec. 2, p. 566; am. 1990, ch. 201, sec. 1, p. 452; am. 2000, ch. 35, sec. 2, p. 63; am. 2005, ch. 359, sec. 15, p. 1143.]
2023 Idaho Code › Title 50 - MUNICIPAL CORPORATIONS › Chapter 3 - POWERS › Section 50-302A - CONFINEMENT IN CITY OR COUNTY JAIL FOR VIOLATING ORDINANCE.

50-302A. CONFINEMENT IN CITY OR COUNTY JAIL FOR VIOLATING ORDINANCE. Any person charged with or convicted of violation of a city ordinance and subject to imprisonment shall be confined in the city jail; provided, however, that any city shall have the right to use the jail of the county for the confinement of such persons but it shall be liable to the county for the cost of keeping such prisoners.
History:
[50-302A, added 1970, ch. 30, sec. 1, p. 60.]
2023 Idaho Code › Title 50 - MUNICIPAL CORPORATIONS › Chapter 3 - POWERS › Section 50-303 - RECREATION AND CULTURE.

50-303. RECREATION AND CULTURE. Cities are hereby empowered to create, purchase, operate and maintain recreation and cultural facilities and activities within or without the city limits and regulate the same, and to levy a special tax not to exceed six hundredths percent (.06%) of the market value for assessment purposes on all taxable property within the limits of the city for recreational programs.
History:
[50-303, added 1967, ch. 429, sec. 28, p. 1249; am. 1995, ch. 82, sec. 22, p. 233.]
2023 Idaho Code › Title 50 - MUNICIPAL CORPORATIONS › Chapter 3 - POWERS › Section 50-304 - PRESERVATION OF PUBLIC HEALTH.

50-304. PRESERVATION OF PUBLIC HEALTH. Cities may establish a board of health and prescribe its powers and duties; pass all ordinances and make all regulations necessary to preserve the public health; prevent the introduction of contagious diseases into the city; and make quarantine laws for that purpose and enforce the same within the city.
History:
[50-304, added 1967, ch. 429, sec. 29, p. 1249; am. 2021, ch. 39, sec. 1, p. 91.]
2023 Idaho Code › Title 50 - MUNICIPAL CORPORATIONS › Chapter 3 - POWERS › Section 50-305 - HOSPITALS — MAINTENANCE.

50-305. HOSPITALS — MAINTENANCE. (1) Any city may acquire, in the manner provided for acquiring other property, by purchase or otherwise, hospital grounds, buildings and equipment, and clinics or other health care facilities, and maintain and operate the same and to provide by general ordinance, rules and regulations for governing the same. Cities acting through their respective city councils may convey or lease city hospitals, and the equipment therein, subject to the following conditions:
(a) The entity to which the hospital is to be transferred shall be a nonprofit corporation;
(b) No lease term shall exceed ninety-nine (99) years;
(c) The governing body of the nonprofit corporation must be composed initially of the incumbent members of the board of hospital trustees, as individuals. The articles of incorporation must provide for a membership of the corporation which is:
(i) Broadly representative of the public and includes residents of the city; or
(ii) A single nonprofit corporate member having articles of incorporation which provide for a membership of that corporation which is broadly representative of the public and includes residents of the city.
The articles must further provide for the selection of the governing body by the membership of the corporation, or exclusively by a parent corporation which is the corporate member, with voting power, and not by the governing body itself, except to fill a vacancy for the unexpired term. The articles must further provide that no member of the governing body shall serve more than two (2) consecutive three (3) year terms.
(d) The nonprofit corporation must provide care for indigent patients, and receive any person falling sick or maimed within the county.
(e) The transfer agreement must provide for the transfer of patients, staff and employees, and for the continuing administration of any trusts or bequests or maintenance of records pertaining to the existing public hospital.
(f) The transfer or lease agreement shall provide for a transfer or lease price which shall be either of the following:
(i) The acceptance of all assets and assumption of all liabilities; or
(ii) Such other price as the city council and the nonprofit corporation may agree.
(2) If any hospital which has been conveyed pursuant to this section ceases to be used as a nonprofit hospital, unless the premises so conveyed are sold and the proceeds used to erect or enlarge another nonprofit hospital for the city, the hospital so conveyed reverts to the ownership of the city. If any hospital which has been leased pursuant to this section ceases to be used as a nonprofit hospital, the lease shall terminate.
History:
[50-305, added 1967, ch. 429, sec. 45, p. 1249; am. 1990, ch. 409, sec. 1, p. 1136; am. 1995, ch. 222, sec. 1, p. 768; am. 1996, ch. 106, sec. 1, p. 408; am. 2001, ch. 331, sec. 9, p. 1164.]
2023 Idaho Code › Title 50 - MUNICIPAL CORPORATIONS › Chapter 3 - POWERS › Section 50-306 - PUBLIC CARRIERS.

50-306. PUBLIC CARRIERS. Cities shall have authority to regulate by ordinance and prescribe rules relating to levies [levees], crossings, grounds, facilities for storing freight and goods, and the running of trains and public carriers within the limits of said city.
History:
[50-306, added 1967, ch. 429, sec. 30, p. 1249.]
2023 Idaho Code › Title 50 - MUNICIPAL CORPORATIONS › Chapter 3 - POWERS › Section 50-307 - LICENSE OCCUPATIONS AND BUSINESSES.

50-307. LICENSE OCCUPATIONS AND BUSINESSES. Cities shall have authority to levy and collect a license fee on any occupation or business within the limits of the city and to regulate the same by ordinance. All such fees shall be uniform in respect to the classes upon which they are imposed.
History:
[50-307, added 1967, ch. 429, sec. 31, p. 1249.]
2023 Idaho Code › Title 50 - MUNICIPAL CORPORATIONS › Chapter 3 - POWERS › Section 50-308 - MAINTENANCE OF PEACE — LICENSING AND REGULATING AMUSEMENTS.

50-308. MAINTENANCE OF PEACE — LICENSING AND REGULATING AMUSEMENTS. Cities shall have power: to prevent and restrain riots, routs, noises, disturbances or disorderly assemblies; to arrest, regulate, punish, fine or set at work on the streets or elsewhere, vagrants or persons found without visible means of support or legitimate business; license and regulate theaters, halls, concerts, dances, theatrics, circuses, carnivals, exhibitions, amusements and other performances, where an admission fee may or may not be charged.
History:
[50-308, added 1967, ch. 429, sec. 32, p. 1249; am. 2013, ch. 223, sec. 1, p. 524.]
2023 Idaho Code › Title 50 - MUNICIPAL CORPORATIONS › Chapter 3 - POWERS › Section 50-309 - FIRE DEPARTMENT — FIRE ZONES.

50-309. FIRE DEPARTMENT — FIRE ZONES. A. Any city, in order to prevent and extinguish fires, shall have the power to erect engine houses, purchase or lease fire engines and all other apparatus to maintain a fire department, to provide water for fire purposes in the city, in such manner as the council may by ordinance prescribe.
B. Cities may prescribe and alter the limits within which no building shall be constructed except of brick, stone or other incombustible material and fire retardant roof and after such limits are established, no special permits shall be given for the erection of buildings of combustible material within said limits, except as provided in sections 50-1201 through 50-1210, Idaho Code.
History:
[50-309, added 1967, ch. 429, sec. 41, p. 1249; am. 1974, ch. 186, sec. 1, p. 1491.]
2023 Idaho Code › Title 50 - MUNICIPAL CORPORATIONS › Chapter 3 - POWERS › Section 50-310 - HAZARDOUS MATERIALS.

50-310. HAZARDOUS MATERIALS. Cities are empowered: to regulate or prohibit the loading or storage of any material deemed hazardous, or transporting the same over the streets or waters in the city, or within three (3) miles of the limits thereof; to prevent the discharge of firearms, rockets, powder, fireworks or other dangerous, combustible or explosive material in the streets, lots, grounds, alleys or in and about the vicinity of any building and punish violators therefor.
History:
[50-310, added 1967, ch. 429, sec. 51, p. 1249.]
2023 Idaho Code › Title 50 - MUNICIPAL CORPORATIONS › Chapter 3 - POWERS › Section 50-311 - CREATION — VACATION OF STREETS — EMINENT DOMAIN — REVERSION OF VACATED STREETS.

50-311. CREATION — VACATION OF STREETS — EMINENT DOMAIN — REVERSION OF VACATED STREETS. Cities are empowered to: create, open, widen or extend any street, avenue, alley or lane, annul, vacate or discontinue the same whenever deemed expedient for the public good; to take private property for such purposes when deemed necessary, or for the purpose of giving right of way or other privileges to railroad companies, or for the purpose of erecting malls or commons; provided, however, that in all cases the city shall make adequate compensation therefor to the person or persons whose property shall be taken or injured thereby. The taking of property shall be as provided in title 7, chapter 7, Idaho Code. The amount of damages resulting from the vacation of any street, avenue, alley or lane shall be determined, under such terms and conditions as may be provided by the city council. Provided further that whenever any street, avenue, alley or lane shall be vacated, the same shall revert to the owner of the adjacent real estate, one-half (1/2) on each side thereof, or as the city council deems in the best interests of the adjoining properties, but the right of way, easements and franchise rights of any lot owner or public utility shall not be impaired thereby. In cities of fifty thousand (50,000) population or more in which a dedicated alley has not been used as an alley for a period of fifty (50) years [such alley] shall revert to the owner of the adjacent real estate, one-half (1/2) on each side thereof, by operation of the law, but the existing rights of way, easements and franchise rights of any lot owner or public utility shall not be impaired thereby.
History:
[50-311, added 1967, ch. 429, sec. 42, p. 1249; am. 1973, ch. 268, sec. 1, p. 563.]
2023 Idaho Code › Title 50 - MUNICIPAL CORPORATIONS › Chapter 3 - POWERS › Section 50-312 - IMPROVEMENT OF STREETS — SPECIAL LEVY.

50-312. IMPROVEMENT OF STREETS — SPECIAL LEVY. Cities may levy and collect a special tax upon all of the taxable property within the city limits to establish, lay out, alter, open any streets or alleys and improve, repair, light, grade, sprinkle, flush, gravel, oil, or drain the same and remove any and all obstructions therefrom; establish grades and construct bridges, crosswalks, culverts, drainage systems thereon and repair and maintain the same; cause to be planted, set out and cultivated, shade trees along the lines thereof or therein; extend its street lighting system to a maximum distance of two (2) miles outside its corporate limits, along approaches to its street system, subject to the approval of the agency having legal jurisdiction of the highway, road or street involved; provided, however, that no public utility, city[,] quasi-municipal corporation or cooperative association serving electric energy to such street lighting system outside the corporate limits of such city shall, by so serving such electric energy, acquire any rights to serve any other property or any present or future consumer, by virtue of, or in violation of, any provisions of title 61, chapter 3, Idaho Code.
History:
[50-312, added 1967, ch. 429, sec. 44, p. 1249.]
2023 Idaho Code › Title 50 - MUNICIPAL CORPORATIONS › Chapter 3 - POWERS › Section 50-313 - PUBLIC WAYS — SUPERVISION.

50-313. PUBLIC WAYS — SUPERVISION. The city councils of cities shall have the care, supervision, and control of all public highways and bridges within the corporate limits, and shall cause them to be kept open and in repair and free from nuisances. Where any highway within the corporate limits has been designated a part of the state highway system, the provisions of section 40-502, Idaho Code, shall be applicable.
History:
[50-313, added 1967, ch. 429, sec. 47, p. 1249; am. 1985, ch. 253, sec. 8, p. 702.]
2023 Idaho Code › Title 50 - MUNICIPAL CORPORATIONS › Chapter 3 - POWERS › Section 50-314 - STREETS AND PUBLIC PLACES — REGULATIONS.

50-314. STREETS AND PUBLIC PLACES — REGULATIONS. Cities shall have power to: control and limit the traffic on streets, avenues and public places; regulate and control all encroachments upon and into all sidewalks, streets, avenues, and alleys in said city; remove all obstructions from the sidewalks, curbs, gutters and crosswalks at the expense of the person placing them there.
History:
[50-314, added 1967, ch. 429, sec. 49, p. 1249.]
2023 Idaho Code › Title 50 - MUNICIPAL CORPORATIONS › Chapter 3 - POWERS › Section 50-315 - REHABILITATION IMPROVEMENTS.

50-315. REHABILITATION IMPROVEMENTS. Cities may provide for the repairing, rebuilding and relaying of pavement, curb, gutter, sewer or other improvements, the procedure and manner of payment to be the same as provided by law for making such improvements in the first instance.
History:
[50-315, added 1967, ch. 429, sec. 53, p. 1249.]
2023 Idaho Code › Title 50 - MUNICIPAL CORPORATIONS › Chapter 3 - POWERS › Section 50-316 - SIDEWALKS — GENERAL REGULATIONS.

50-316. SIDEWALKS — GENERAL REGULATIONS. Cities may provide by general ordinance for the construction, repair or removal of sidewalks which are deemed by the council to be dangerous and unsafe, and for the replacing thereof, assess the cost as provided in section 50-1008 to the property in front of which the same shall be constructed, repaired or laid.
History:
[50-316, added 1967, ch. 429, sec. 56, p. 1249.]
2023 Idaho Code › Title 50 - MUNICIPAL CORPORATIONS › Chapter 3 - POWERS › Section 50-317 - REMOVAL OF SNOW, ICE, RUBBISH AND WEEDS.

50-317. REMOVAL OF SNOW, ICE, RUBBISH AND WEEDS. Cities are empowered to cause all sidewalks and alleys to be cleared of snow, ice and rubbish, and the cutting and removal of trees, weeds and grass, and the removal of rubbish upon and from all private property within the city and the parking within the curbing abutting same, and to assess the cost thereof against the private property so cleared, and against the property abutting the parking, sidewalks and alleys so cleaned. Such assessment shall be collected as provided in section 50-1008.
History:
[50-317, added 1967, ch. 429, sec. 57, p. 1249.]
2023 Idaho Code › Title 50 - MUNICIPAL CORPORATIONS › Chapter 3 - POWERS › Section 50-318 - IDENTIFICATION OF STREETS AND HOUSES.

50-318. IDENTIFICATION OF STREETS AND HOUSES. Cities may provide by ordinance for the naming of streets and avenues and the numbering of houses adjacent thereto.
History:
[50-318, added 1967, ch. 429, sec. 54, p. 1249.]
2023 Idaho Code › Title 50 - MUNICIPAL CORPORATIONS › Chapter 3 - POWERS › Section 50-319 - ANIMALS AT LARGE — REGULATION.

50-319. ANIMALS AT LARGE — REGULATION. The mayor and council of each city shall have authority: to regulate the running at large of domesticated animals; to cause such as may be running at large to be impounded and sold to discharge the penalties and costs of impounding, keeping and sale; to impose a license tax upon the owners and harborers and enforce the same by appropriate penalties; to authorize the destruction or sale of any domesticated animal, the owner or harborer of which shall neglect or refuse to pay such license tax; to provide for the erection of all needful pens and pounds within or without the city limits; and to appoint and compensate keepers thereof, and to establish and enforce rules governing the same.
History:
[50-319, added 1967, ch. 429, sec. 55, p. 1249.]
2023 Idaho Code › Title 50 - MUNICIPAL CORPORATIONS › Chapter 3 - POWERS › Section 50-320 - CEMETERIES.

50-320. CEMETERIES. All cities shall have the following powers in regard to cemeteries:
A. Acquisition. — Purchase, hold and pay for, in the manner herein provided, lands not exceeding eighty (80) acres in one (1) body outside of the corporate limits, and all necessary grounds including any lands as have heretofore been laid out or platted and offered for sale for cemetery purposes, excepting such portions thereof as have been heretofore sold for cemetery purposes, hospital grounds or waterworks. For the purpose of purchasing such lands and maintaining the same, any city may levy a tax of not more than four hundredths percent (.04%) of the market value for assessment purposes in any one (1) year on all taxable property within the limits of the city, and exercise the right of eminent domain under the provisions of chapter 7 of title 7, Idaho Code, in the taking or securing of such grounds and property.
B. Improvement. — Survey, plat, map, grade, fence, ornament and otherwise improve all burial and cemetery grounds and streets owned by the city leading thereto; construct walks and protect ornamental trees therein and provide for paying the costs thereof.
C. Conveyance of lots. — Convey cemetery lots by certificates signed by the mayor and countersigned by the clerk, under the seal of the city, specifying that the person to whom the same is issued is the owner of the lot or lots, described therein by number as laid down on such map or plat. Such certificates shall vest in the proprietor, his or her heirs or assigns, a right in fee simple to said lots for the sole purpose of interment, under the regulations of the city council. Such certificates shall be entitled to be recorded in the office of the county recorder of the proper county without further acknowledgment, and such description of lots shall be deemed and recognized as a sufficient description thereof.
D. Regulation. — Limit the number of cemetery lots which may be owned by any person; prescribe rules for inclosing, adorning, and erecting monuments and tombstones on cemetery lots; prohibit any diversion of the use of such lots and any improper adornment thereof; but no religious test shall be made as to the ownership of lots, the burial therein or the ornamentation of graves or of such lots.
E. Penalties. — Pass rules and ordinances imposing penalties and fines not exceeding the amount permissible in probate and justice courts, regulating, protecting and governing the cemetery, the owners of lots therein, visitors thereto and trespassers therein; and the officials of the city shall have as full jurisdiction and power in the enforcing of such rules as though they related to the corporation itself.
History:
[50-320, added 1967, ch. 429, sec. 39, p. 1249; am. 1995, ch. 82, sec. 23, p. 233.]
2023 Idaho Code › Title 50 - MUNICIPAL CORPORATIONS › Chapter 3 - POWERS › Section 50-321 - AVIATION FACILITIES — ACQUISITION, OPERATION AND MAINTENANCE.

50-321. AVIATION FACILITIES — ACQUISITION, OPERATION AND MAINTENANCE. Cities are hereby empowered: to acquire by purchase, gift, lease, sublease, or otherwise hold and take over such lands as the city council may deem necessary within or without the corporate limits whether within or without the county in which said city is located; do all things necessary in cooperation with the United States government in adapting any such lands so acquired to national defense purposes; and for the purpose of maintaining aviation facilities, to lease for aviation purposes, or any purposes connected therewith and incident thereto, all or any part of such land or lands, under such regulations and upon such terms and conditions as shall be established by the city council or otherwise established by law; to construct, operate and maintain, consistent with such regulations as may now exist or may hereafter be established by law, hangars, buildings and equipment necessary or convenient to the maintenance and operation of aviation facilities; to survey, plat, map, grade, ornament and otherwise improve such land, appurtenances, approaches, and avenues leading to or adjacent thereto; to provide for all costs and expenses incident or necessary to the exercise of the foregoing powers or the attainment of the foregoing objects out of the general fund of said city or in its discretion by special levy, in an amount not to exceed six hundredths percent (.06%) of the market value for assessment purposes in any one (1) year on all the taxable property within such city or by the issuance of bonds as provided by sections 50-1001 through 50-1042, Idaho Code.
History:
[50-321, added 1967, ch. 429, sec. 40, p. 1249; am. 1995, ch. 82, sec. 24, p. 234.]
2023 Idaho Code › Title 50 - MUNICIPAL CORPORATIONS › Chapter 3 - POWERS › Section 50-322 - TRANSIT SYSTEMS.

50-322. TRANSIT SYSTEMS. Any city may, in the manner provided for acquiring other property, purchase, lease, or otherwise procure transit systems and provide by general ordinance for rules and regulations governing the maintenance and operation of the same.
History:
[50-322, added 1967, ch. 429, sec. 46, p. 1249.]
2023 Idaho Code › Title 50 - MUNICIPAL CORPORATIONS › Chapter 3 - POWERS › Section 50-323 - DOMESTIC WATER SYSTEMS.

50-323. DOMESTIC WATER SYSTEMS. Cities are hereby empowered to establish, create, develop, maintain and operate domestic water systems; provide for domestic water from wells, streams, water sheds or any other source; provide for storage, treatment and transmission of the same to the inhabitants of the city; and to do all things necessary to protect the source of water from contamination. The term "domestic water systems" and "domestic water" includes by way of example but not by way of limitation, a public water system providing water at any temperature for space heating or cooling, culinary, sanitary, recreational or therapeutic uses.
History:
[50-323, added 1967, ch. 429, sec. 20, p. 1249; am. 1979, ch. 304, sec. 1, p. 825.]
2023 Idaho Code › Title 50 - MUNICIPAL CORPORATIONS › Chapter 3 - POWERS › Section 50-324 - CITIES AUTHORIZED TO JOINTLY PURCHASE OR LEASE, MAINTAIN OR OPERATE A JOINT WATER SYSTEM.

50-324. CITIES AUTHORIZED TO JOINTLY PURCHASE OR LEASE, MAINTAIN OR OPERATE A JOINT WATER SYSTEM. All cities of this state are empowered by ordinance to negotiate for and purchase or lease, and to maintain and operate, in cooperation with adjoining cities of states bordering this state, the out of state water distribution system, plant and equipment of privately owned utilities used for the purpose of supplying water to the purchasing or leasing cities from an out of state source; provided, the legislature of the state in which such water distribution system, plant, equipment and supply are located, by enabling legislation, authorizes its cities to join in such purchase or lease, maintenance and operation. The city council of the cities acting jointly under this section shall have authority, by mutual agreement, to exercise jointly all powers granted to each individual city in the purchase or lease, maintenance and operation of a water supply system.
History:
[50-324, added 1967, ch. 429, sec. 21, p. 1249.]
2023 Idaho Code › Title 50 - MUNICIPAL CORPORATIONS › Chapter 3 - POWERS › Section 50-325 - POWER PLANTS — POWER DISTRIBUTION.

50-325. POWER PLANTS — POWER DISTRIBUTION. (1) Cities shall have authority: to acquire, own, maintain and operate electric power plants, purchase electric power, and provide for distribution to the residents of the city, and to sell excess power subject to the provisions of section 50-327, Idaho Code.
(2) Any consumer of a municipal electric system may apply to the district court of the county where the consumer’s service entrance is located for a determination that the municipality’s charges for electric service to that consumer are fair, just and reasonable and are not discriminatory or preferential. In the event that the court determines that the rate is not fair, just and reasonable or is discriminatory or preferential, the court shall remand the matter to the municipality to alter or amend such rate in conformance with the determination of the court.
History:
[50-325, added 1967, ch. 429, sec. 22, p. 1249; am. 2001, ch. 29, sec. 15, p. 42.]
2023 Idaho Code › Title 50 - MUNICIPAL CORPORATIONS › Chapter 3 - POWERS › Section 50-326 - WATER, LIGHT, POWER AND GAS PLANTS — LEASING — SELLING — PROCEDURE.

50-326. WATER, LIGHT, POWER AND GAS PLANTS — LEASING — SELLING — PROCEDURE. Whenever any city in this state shall own its own water plant, water system, electric power plant or electric light and power transmission and electric distribution system or natural gas distribution system, the city council of such city may lease and sell such systems, provided, however, that before doing so, the question of leasing or selling such property shall be submitted to the qualified electors who pay taxes on real property within said city, at a special election held for that purpose, and if a majority of the votes cast at such election are in favor of leasing or selling such property, the city council may then lease or sell the same; but in case the majority of the votes cast at such special election shall be against the leasing or selling of such property, the city council shall have no power to lease or sell the same. The election to be called shall be held only after notice thereof has been published at least once a week for two (2) consecutive weeks, before the election, in the official newspaper of said city. Notice of such special election shall also be posted by the city clerk in three (3) public places in such city, at least ten (10) days before such special election. A city council may enter into agreements pursuant to this section to lease with the option to sell any plant or system described in this section. A city council may only terminate such lease/option to sell agreements during the term of the agreement for default by the entity leasing such plant or system. Such lease/option to sell agreements are subject to the voter approval requirements of this section.
History:
[50-326, added 1967, ch. 429, sec. 23, p. 1249; am. 1999, ch. 216, sec. 1, p. 576.]
2023 Idaho Code › Title 50 - MUNICIPAL CORPORATIONS › Chapter 3 - POWERS › Section 50-327 - SALE OF EXCESS POWER.

50-327. SALE OF EXCESS POWER. Any city of the state of Idaho owning or controlling a power plant may sell its excess power to persons and corporations for any lawful purpose. The term "excess power" means all electricity not needed by the city or the inhabitants thereof. All charges or rates for the excess power shall be fixed by ordinance and shall be uniform and fair to all consumers and no discrimination shall be allowed or practiced by any city; provided, that any city which may desire to take advantage of the provisions of this section may only contract with consumers as to excess power. Under this section all contracts with consumers are to be drafted subject to the foregoing provision and no contract shall be for a period longer than five (5) years.
History:
[50-327, added 1967, ch. 429, sec. 24, p. 1249.]
2023 Idaho Code › Title 50 - MUNICIPAL CORPORATIONS › Chapter 3 - POWERS › Section 50-328 - UTILITY TRANSMISSION SYSTEMS — REGULATIONS.

50-328. UTILITY TRANSMISSION SYSTEMS — REGULATIONS. All cities shall have power to permit, authorize, provide for and regulate the erection, maintenance and removal of utility transmission systems, and the laying and use of underground conduits or subways for the same in, under, upon or over the streets, alleys, public parks and public places of said city; and in, under, over and upon any lands owned or under the control of such city, whether they may be within or without the city limits.
History:
[50-328, added 1967, ch. 429, sec. 50, p. 1249.]