Bonners Ferry City Zoning Code
TITLE 1
ADMINISTRATION
1-1-1: TITLE:
Upon the adoption by the city council, this code is hereby declared to be and shall hereafter constitute the official Bonners Ferry City Code. This code of ordinances shall be known and cited as the BONNERS FERRY CITY CODE and is hereby published by authority of the city council and shall be supplemented to incorporate the most recent legislation of the city as provided in section 1-1-3
of this chapter. Any reference to the number of any section contained herein shall be understood to refer to the position of the same number, its appropriate chapter and title heading, and to the general penalty clause relating thereto, as well as to the section itself, when reference is made to this code by title in any legal document. (1959 Code § 1-1-1; amd. 2003 Code)
1-1-2: ACCEPTANCE:
This code, as hereby presented in printed form, shall hereafter be received without further proof in all courts and in administrative tribunals of this state as the ordinances of the city of general and permanent effect, except the excluded ordinances enumerated in section 1-2-1 of this title. (2003 Code)
1-1-3: AMENDMENTS:
Any ordinance amending this code shall set forth the title, chapter and section number of the section or sections to be amended, and this shall constitute sufficient compliance with any statutory requirement pertaining to the amendment or revision by ordinance of any part of this code. All such amendments or revisions by ordinance shall be immediately forwarded to the codifiers, and the ordinance material shall be prepared for insertion in its proper place in each copy of this code. Each such replacement page shall be properly identified and shall be inserted in each individual copy of this code. (2003 Code)
1-1-4: CODE ALTERATIONS:
It shall be deemed unlawful for any person to alter, change, replace or deface in any way any section or any page of this code in such a manner that the meaning of any phrase or order may be changed or omitted. Replacement pages may be inserted according to the official instructions when so authorized by the city council. The city clerk shall see that the replacement pages are properly inserted in the official copies maintained in the office of the clerk. Any person having custody of a copy of this code shall make every effort to maintain such code current as to the most recent ordinances passed. Such person shall see to the immediate insertion of new or replacement pages when such are delivered or made available to such person through the office of the city clerk. Such code books, while in actual possession of officials and other interested persons, shall be and remain the property of the city and shall be returned to the office of the city clerk when directed so to do by order of the city council. (2003 Code)
1-2-1: REPEAL OF GENERAL ORDINANCES:
A. Existing Ordinances: The ordinances contained in this code, so far as the provisions are the same in effect as those of previously existing ordinances, shall be construed as continuations thereof; but subject to the limitations and provisions of this code. (1959 Code § 1-1-1; amd. 2003 Code)
B. Effect: The repeal of ordinances as provided herein shall not affect any right which has accrued, any duty imposed, any penalty incurred, nor any action or proceeding as commenced under or by virtue of the ordinances repealed, nor the tenure of office of any person holding office at the time when they take effect; nor shall the repeal of any ordinance thereby have the effect of reviving any ordinance therefor repealed or superseded. (1959 Code § 1-1-2)
C. Repeal; Exceptions: All general ordinances of the city passed prior to the adoption of this code are hereby repealed, except such as are included in this code or are by necessary implication herein reserved from repeal (subject to the saving clauses contained in the following sections), and excluding the following ordinances which are not hereby repealed: tax levy ordinances; appropriation ordinances; ordinances relating to boundaries and annexations; franchise ordinances and other ordinances granting special rights to persons or corporations; contract ordinances and ordinances authorizing the execution of a contract or the issuance of warrants; salary ordinances; ordinances establishing, naming or vacating streets, alleys or other public places; improvement ordinances; bond ordinances; ordinances relating to elections; ordinances relating to the transfer or acceptance of real estate by or from the city; and all special ordinances. (1959 Code § 1-1-1; amd. 2003 Code)
1-2-2: PUBLIC WAYS AND PUBLIC UTILITY ORDINANCES:
No ordinance relating to railroad crossings with streets and other public ways, or relating to the conduct, duties, service or rates of public utilities shall be repealed by virtue of the adoption of this code or by virtue of the preceding section, excepting as the city code may contain provisions for such matters, in which case, this code shall be considered as amending such ordinance or ordinances in respect to such provisions only. (2003 Code)
1-2-3: COURT PROCEEDINGS:
A. Prior Acts: No new ordinance shall be construed or held to repeal a former ordinance whether such former ordinance is expressly repealed or not, as to any offense committed against such former ordinance or as to any act done, any penalty, forfeiture or punishment so incurred, or any right accrued or claim arising under the former ordinance, or in any way whatever to affect any such offense or act so committed or so done, or any penalty, forfeiture or punishment so incurred or any right accrued or claim arising before the new ordinance takes effect, save only that the proceedings thereafter shall conform to the ordinance in force at the time of such proceeding, so far as practicable. If any penalty, forfeiture or punishment may be mitigated by any provision of a new ordinance, such provision may be, by consent of the party affected, applied to any judgment announced after the new ordinance takes effect.
B. Extend To All Repeals: This section shall extend to all repeals, either by express words or implication, whether the repeal is in the ordinance making any new provisions upon the same subject or in any other ordinance.
C. Currently Pending Actions: Nothing contained in this chapter shall be construed as abating any action now pending under or by virtue of any general ordinance of the city herein repealed, and the provisions of all general ordinances contained in this code shall be deemed to be continuing provisions and not a new enactment of the same provisions; nor shall this chapter be deemed as discontinuing, abating, modifying or altering any penalty accrued or to accrue, or as affecting the liability of any person, firm or corporation, or as waiving any right of the city under any ordinance or provision thereof in force at the time of the adoption of this code. (2003 Code)
1-2-4: SEVERABILITY CLAUSE:
If any section, subsection, subdivision, paragraph, sentence, clause or phrase of this code or any part thereof is for any reason held to be unconstitutional or invalid or ineffective by any court of competent jurisdiction, such decision shall not affect the validity or effectiveness of the remaining portions of this code, or any part thereof. The city council hereby declares that it would have passed each section, subsection, subdivision, paragraph, sentence, clause or phrase thereof irrespective of the fact that any one or more sections, subsections, subdivisions, paragraphs, sentences, clauses or phrases be declared unconstitutional, invalid or ineffective. (1959 Code § 1-1-3D; amd. 2003 Code)
1-2-5: STATE LAW REFERENCES:
Whenever in this code reference is made to the laws of the state of Idaho, and adopting such laws as ordinances of the city, or for providing definitions in the terms of the ordinance of the city, such ordinances shall survive any statutory repeal by the state of Idaho. (1959 Code § 1-1-4)
1-3-1: CONSTRUCTION OF WORDS:
A. Whenever any word in any section of this code importing the plural number is used in describing or referring to any matters, parties or persons, any single matter, party or person shall be deemed to be included, although distributive words may not have been used. When any subject matter, party or person is referred to in this code by words importing the singular number only, or a particular gender, several matters, parties or persons and the opposite gender and bodies corporate shall be deemed to be included; provided, that these rules of construction shall not be applied to any section of this code which contains any express provision excluding such construction or where the subject matter or context may be repugnant thereto.
B. The word "ordinance" contained in the ordinances of the city has been changed in the content of this code to "title", "chapter", "section" and/or "subsection" or words of like import for organizational and clarification purposes only. Such change to the city's ordinances is not meant to amend passage and effective dates of such original ordinances. (1959 Code § 1-1-3E; amd. 2003 Code)
C. Words prohibiting anything being done, except in accordance with a license or permit or authority from a board or officers, shall be construed as giving such board or officer power to license or permit or authorize such thing to be done. (1959 Code § 1-1-3E)
1-3-2: ADDITIONAL DEFINITION OR INTERPRETATION:
The definition or interpretation of any word or phrase as used in this code shall include, in addition to the definitions in this code (ordinance of the city), the definition of words and phrases as established and defined in the Idaho Code and the published civil and criminal jury instructions approved by the Idaho supreme court. (Ord. 466, 2-19-2002)
1-3-3: DEFINITIONS, GENERAL:
Whenever the following words or terms are used in this code, they shall have such meanings herein ascribed to them, unless the context makes such meanings repugnant thereto:
AGENT: A person acting on behalf of another with authority conferred, either expressly or by implication.
CITY: The city of Bonners Ferry, county of Boundary, state of Idaho.
CLERK: The city clerk of the city of Bonners Ferry.
CODE: The city code of the city of Bonners Ferry.
COUNCIL: Unless otherwise indicated, the city council of the city of Bonners Ferry.
COUNTY: The county of Boundary, state of Idaho.
DAY: Any twenty four (24) hour period from twelve o'clock (12:00) midnight to twelve o'clock (12:00) midnight.
EMPLOYEES: Whenever reference is made in this code to a city employee by title only, this shall be construed as though followed by the words "of the city of Bonners Ferry".
GENDER: A word importing either the masculine or feminine gender only shall extend and be applied to the other gender and to persons.
KNOWINGLY: Imports only a knowledge that the facts exist which bring the act or omission within the provisions of this code. It does not require any knowledge of the unlawfulness of such act or omissions.
LAND, REAL ESTATE, REAL PROPERTY: Includes lands, tenements, hereditaments, water rights, possessory rights and claims.
LICENSE: The permission granted for the carrying on of a business, profession or occupation.
MONTH: A calendar month unless otherwise expressed.
MUNICIPALITY: The city of Bonners Ferry, Idaho.
NEGLECT, NEGLIGENCE, NEGLIGENT, NEGLIGENTLY: Imports a want of such attention to the nature of probable consequences of the act or omission as a prudent man ordinarily bestows in acting in his own concern.
NUISANCE: Anything offensive to the sensibilities of reasonable persons, or any act or activity creating a hazard which threatens the health and welfare of inhabitants of the city, or any activity which by its perpetuation can reasonably be said to have a detrimental effect on the property of a person or persons within the community.
OATH; AFFIRM; SWEAR: Includes affirmation and the word "swear" includes the word "affirm". Every mode of oral statement under oath or affirmation is embraced in the term "testify" and every written one in the term "depose".
OCCUPANT: As applied to a building or land, shall include any person who occupies the whole or any part of such building or land whether alone or with others.
OFFENSE: Any act forbidden by any provision of this code or the omission of any act required by the provisions of this code.
OFFICERS: Includes officers and boards in charge of departments and the member of such boards. Whenever reference is made in this code to a city officer by title only, this shall be construed as though followed by the words "of the city of Bonners Ferry".
OPERATOR: The person who is in charge of any operation, business or profession.
OWNER: As applied to a building or land, shall include any part owner, joint owner, tenant in common, joint tenant or lessee of the whole or of a part of such building or land.
PERSON: Any public or private corporation, firm, partnership, association, organization, government or any other group acting as a unit, as well as a natural person.
PERSONAL PROPERTY: Shall include every description of money, goods, chattels, effects, evidence of rights in action and all written instruments by which any pecuniary obligation, right or title to property is created, acknowledged, transferred, increased, defeated, discharged or diminished and every right or interest therein.
PROPERTY: Includes both real and personal property.
QUARTER: Any three (3) month period ending with March 31, June 30, September 30 or December 31.
RETAILER: Unless otherwise specifically defined, shall be understood to relate to the sale of goods, merchandise, articles or things direct to the consumer.
RIGHT OF WAY: The privilege of the immediate use of the roadway or other property.
SIGNATURE: Includes any name, mark or sign written with the intent to authenticate any instrument or writing.
STATE: The state of Idaho.
STREET: Shall include alleys, lanes, courts, boulevards, public ways, public squares, public places and sidewalks.
TENANT: As applied to a building or land, shall include any person who occupies the whole or any part of such building or land, whether alone or with others.
TREASURER: The city treasurer of the city of Bonners Ferry.
WILFULLY: When applied to the intent with which an act is done or omitted, implies simply a purpose or willingness to commit the act or make the omission referred to. It does not require any intent to violate law, or to injure another, or to acquire an advantage.
WHOLESALER: The terms "wholesaler" and "wholesale dealer" as used in this code, unless otherwise specifically defined, shall be understood to relate to the sale of goods, merchandise, articles or things to persons who purchase for the purpose of resale.
WRITTEN, IN WRITING: May include printing and any other mode of representing words and letters, but when the written signature of any person is required by law to any official or public writing or bond, it shall be in the proper handwriting of such person, or in case such person is unable to write, by such person's proper mark.
YEAR: Any one calendar year. (1959 Code § 1-1-3E; amd. 2003 Code)
1-3-4: CATCHLINES:
The catchlines of the several sections of this code are intended as mere catchwords to indicate the content of the section and shall not be deemed or taken to be titles of such sections, nor be deemed to govern, limit, modify or in any manner affect the scope, meaning or intent of the provisions of any division or section hereof, nor unless expressly so provided, shall they be so deemed when any of such sections, including the catchlines, are amended or reenacted. (1959 Code § 1-1-3C; amd. 2003 Code)
1-4-1: GENERAL PENALTY:
A. Misdemeanor: Except as otherwise specified herein, any person convicted of a violation of any provision of this code that is designated as a misdemeanor may be fined and/or imprisoned as provided by Idaho Code regarding general punishment for misdemeanors.
B. Infraction: Except as otherwise specified herein, any person convicted of a violation of any provision of this code that is designated as an infraction may be fined in an amount not exceeding the maximum dollar amount authorized by the state under Idaho Code and no incarceration may be imposed. Prosecution of infractions shall be in accordance with the procedures required for the prosecution of infractions as established under state law and rules. (Ord. 548, 4-7-2015)
C. Federal Programs: In any federal program in which the city is participating, wherein penalties or enforcement remedies are required or mandated by the terms of participation in the program, penalties shall be in accordance with such penalties as shall be required by such federal program, to include criminal or civil monetary penalties not to exceed one thousand dollars ($1,000.00), or imprisonment for criminal offenses not to exceed six (6) months or to include both a fine and imprisonment for such criminal offenses. (Ord. 498, 4-4-2006)
1-4-2: APPLICATION OF PROVISIONS:
A. Application Of Penalty Provisions: The penalty provided in this chapter shall be applicable to every section of this code the same as though it were a part of each and every separate section. Any person convicted of a violation of any section of this code where grade of offense is not specifically designated shall be deemed guilty of an infraction. A separate offense shall be deemed committed upon each day such duty or obligation remains unperformed or such act continues unless otherwise specifically provided in this code. (Ord. 548, 4-7-2015)
B. One Recovery For Same Offense: In all cases where the same offense is made punishable or is created by different clauses or sections of this code, the prosecuting officer may elect under which to proceed, but not more than one recovery shall be had against the same person for the same offense; provided, that the revocation of a license or permit shall not be considered a recovery or penalty so as to bar any other penalty being enforced. (2003 Code)
1-4-3: LIABILITY OF OFFICERS:
No provision of this code designating the duties of any officer or employee shall be so construed as to make such officer or employee liable for any fine or penalty provided for a failure to perform such duty unless the intention of the city council to impose such fine or penalty on such officer or employee is specifically and clearly expressed in the section creating the duty. (2003 Code)
1-4-4: LIABILITY OF EMPLOYERS AND AGENTS:
When the provisions of this code prohibit the commission or omission of an act, not only the person actually doing the prohibited thing or omitting the directed act, but also the employer and all other persons concerned or aiding or abetting the person shall be guilty of the offense described and liable to the penalty set forth in this code. (1959 Code § 1-1-3B; amd. 2003 Code)
1-4-5: INTENT TO DEFRAUD:
Whenever, by any of the provisions of this code, an intent to defraud is required in order to constitute an offense, it is sufficient if an intent appears to defraud any person, association or body politic or any combination of persons. (1959 Code § 1-1-3A)
1-5-1: CORPORATE SEAL:
A. Design; Use: The corporate seal in circular form, with the words, "Seal of Bonners Ferry, State of Idaho", on the outer circle, with the representation of a steamboat on the interior and center of said circle, shall be and the same is hereby made the corporate seal of the city of Bonners Ferry, Idaho, to be used in all cases which by the laws of Idaho and the customs of nations it is necessary to use a seal by a corporation.
B. Custodian: The seal shall be and remain in the custody of the city clerk to be used by the clerk as prescribed herein. (1959 Code § 1-4-1; amd. 2003 Code)
1-5-2: OFFICIAL NEWSPAPER:
"The Bonners Ferry Herald", a newspaper published and generally circulated within the geographical limits of the city, is hereby designated as the official newspaper of the city commencing January 1, 1997, as provided for by Idaho Code section 50-213 and title 60, Idaho Code. (Ord. 432, 12-17-1996)
1-5-3: OFFICIAL TIME:
A. Established: Pacific Standard Time shall be the official time within the city for the transaction of all city business, except that from two o'clock (2:00) A.M., on the last Sunday in April in each year, official time for the city shall be advanced one hour. At two o'clock (2:00) A.M. on the last Sunday in October in each year, such official time shall, by the retarding of one hour, be returned to Pacific Standard Time. (1959 Code § 1-25-1; amd. 2003 Code)
B. City Proceedings Governed: All legal or official proceedings of the city council and all official business of the city shall be regulated as to time in accordance with the provisions of this section. When, by ordinance, resolution, or action of any municipal officer or body, an act must be performed at or within a prescribed time, it shall be performed according to the official time as herein prescribed. When the words "daylight saving" or "daylight saving time" are used in any official document or contract, it shall be understood to have reference to the time herein fixed for the period from the last Sunday in April to the last Sunday in October. (1959 Code § 1-25-2; amd. 2003 Code)
C. Public Clocks To Use Official Time: All clocks or other timepieces in or upon public buildings or other premises maintained at the expense of the city shall be set and run according to the official time as provided in this section. It is hereby made the duty of the officer or other person having control and charge of such building and premises to see that said clocks or other timepieces are set and run in accordance with official time. (1959 Code § 1-25-3; amd. 2003 Code)
1-5-4: CITY FEES:
All licenses, permits, fees, assessments, rates, and charges heretofore established by the various ordinances and resolutions of the city of Bonners Ferry and its mayor and city council shall be, by resolution of the mayor and city council, organized into a single list. Said list shall be separated into categories with charges for each license, permit, fee, assessment, rate or charge described and stated, and where appropriate, referencing the ordinance or resolution establishing such or the authority by which such is established.
Only by resolution of the city council shall such list of licenses, permits, fees, assessments, rates and charges be hereafter added to or deleted from, increased or decreased, superseded or replaced.
The city clerk shall, at all times, post a copy of the most current list as adopted by resolution of the mayor and city council in a conspicuous place in the city hall and shall make copies of said list available upon request thereof.
The mayor and city council shall review the list not less than once each year and the amounts of fees stated therein may be amended to or abolished by resolution of the city council after notice and public hearing as required by law.
Excepted from this schedule are such fees, charges and assessments as are established by contract or agreement for goods and/or services to be provided by the city which are not generally available to or in demand by the general public, franchise fees or fees charged in lieu of franchise fees, criminal and/or punitive fines, or penalties, taxes or assessments upon real property that are paid to and collected by the Boundary County treasurer. (Ord. 477, 5-6-2003)
1-6-1: MAYOR:
A. Chief Administrative Official: The mayor is the chief administrative official of the city and shall preside over the meetings of the city council and determine the order of business subject to such rules as the council may prescribe.
B. Vote: The mayor shall have a vote only when the council is equally divided.
C. Superintending Control: The mayor shall have the superintending control over all officers and department heads and the affairs of the city.
D. Appointment Of Officers And Committees: Subject to the advice and consent of the council, the mayor shall appoint such officers and committees as shall be provided for by law, ordinances, or resolutions of the council.
E. Duties: The mayor shall have and exercise such powers and authority and perform such duties as are provided by law and the ordinances and resolutions of the city. (Ord. 466, 2-19-2002)
F. Jurisdiction:
1. The mayor shall have jurisdiction over all places within five (5) miles of the corporate limits of the city for the enforcement of any health or quarantine ordinance, and for the regulation thereof.
2. The mayor shall have jurisdiction within one mile of the corporate limits of the city over all powers vested in him by the statutes of Idaho for use within the city except taxation.
3. The mayor shall have jurisdiction over all properties owned by the city outside the corporate limits for all powers given him by the statutes of the state of Idaho for use within the city limits of the city. (Ord. 387, 4-3-1990)
1-6-2: CITY COUNCIL:
The council shall consist of four (4) members and shall constitute the legislative authority of the city. The council shall have, and exercise such powers and duties, as shall be provided by the laws of the state and the ordinances and resolutions of the city. (Ord. 466, 2-19-2002)
1-6-3: COMPENSATION:
A. Mayor: The mayor shall receive a salary each calendar month which shall be in the sum of nine hundred dollars ($900.00).
B. Council Members: Each council member shall receive a salary each calendar month in the sum of four hundred fifty dollars ($450.00).
C. The Mayor and Council members shall receive insurance benefits in the same manner as a full-time employee, but shall not accrue paid time off. (Ord. 547, 2-17-2015; amd. Ord. 624, 8-5-2025)
1-6-4: APPOINTMENTS1:
All appointments shall be made by the mayor, subject to the consent of the city council, at the first meeting of each year. Such officers, when appointed, shall qualify by taking an oath and giving bond, where required, within ten (10) days after the notice of such appointment or shall be deemed to have refused to accept and another officer may be appointed, who shall in a like manner be required to qualify. (1959 Code § 1-9-2; amd. 2003 Code)
1-6-5: COUNCIL PRESIDENT:
In case of absence of the Mayor from any meeting, the City Council shall have power to appoint a Council President, who shall, for the time being, exercise and have the powers and perform the same duties as the regular Mayor. (1959 Code § 1-9-3)
1-6-6: COMMITTEES:
Committees may be appointed by the Mayor, subject to consent of City Council, for any specific need. (2003 Code)
1-6-7: MEETINGS:
A. Time And Place:
1. Regular Meetings: The City Council, until further order, shall convene in the City regularly at a place designated by the Council, on the first and third Tuesdays of each month at six o'clock (6:00) P.M. (Ord. 576, 3-20-2018)
2. Special Meetings 1 : Special meetings of the City Council may be called by the Mayor or any three (3) Council members by notice, in writing, from the Clerk served upon the other members of the Council. (1959 Code § 1-9-5)
B. Consent Agenda:
1. Use Allowed: To ensure that City Council meetings are conducted in an orderly and efficient manner, the City Council may use a consent agenda wherein certain administerial items will be placed on the agenda and be passed by motion in its entirety or any part thereof.
2. Contents: The contents of the consent agenda may include, but are not limited to, minutes from regular meetings, special meetings, and workshops of the Council, the Treasurer's report, updates from pending City business which needs no current action, and any other matters regularly set before the Council.
a. Modified, Limited, Or Expended: This agenda list may be modified, limited or expended by resolution of the Council.
b. Deletion Of Agenda Item: Any item on the agenda shall be deleted from the consent agenda upon the request of the Mayor or any member of the Council without motion or the concurrence of the Council. Any item so removed from the consent agenda shall be automatically transferred to the general agenda for consideration.
c. Approved Items: Those items so approved under the heading "consent agenda" will appear in the Council minutes in their proper form as if acted upon separately.
3. Approval: A motion for approval or adoption of all consent agenda items shall pass on affirmative vote of a majority of those Council members constituting a quorum. (Ord. 449, 1-4-2000)
C. Order Of Business: Whenever the Council shall have convened, the roll shall be called and all absentees shall be noted in the minutes of the Council and the regular order of business shall be as follows:
1. Reading, amending and approving the minutes of the previous meeting;
2. Reports of officers;
3. Report of committees;
4. Presentation of petitions, remonstrances, communications and bills;
5. Unfinished business;
6. New business. (1959 Code § 1-9-4)
1-6-8: PUBLIC HEARINGS; RULES OF PROCEDURE:
The following rules are hereby established, shall be observed in the conduct of any public hearing before the City Council and shall be known as the "Council Rules of Procedure":
A. Witness Or Speaker:
1. Sign Up Sheet: No person shall be permitted to testify or speak before the City Council at a public hearing, unless such person has signed his name and written his residential address thereafter on sign up sheets to be provided by the City. This rule shall not apply to staff or technical witnesses directed by the mayor to give evidence or information to the city council.
2. Recognition By Mayor: No person shall be permitted to speak before the city council at a public hearing until such person has been recognized by the mayor.
3. Record Of Proceedings: All public hearing proceedings shall be recorded electronically or stenographically and all persons speaking at such public hearings shall speak before a microphone in such a manner as will assure that the recorded testimony or remarks will be accurate and trustworthy.
4. Time Limit: At the commencement of the public hearing, the city council shall establish a time limit to be observed by all speakers. The time limit shall be established, depending on the number of speakers who sign up for each public hearing and shall apply only to the speaker's comments.
5. Interruption: The speaker shall not be interrupted by members of the city council until his time limit has been expended or until he has finished his statement.
6. Questions: At the conclusion of a speaker's comments, each city council member, when recognized by the mayor, shall be allowed to question the speaker and the speaker shall be limited to answers to the questions asked. The question and answer period shall not be included in the speaker's time limit as established.
7. Oath Or Affirmation Required: When the public hearing is quasi-judicial in nature or one after which the city council is required by law to make findings of fact, each speaker must swear or affirm that his testimony will be true and correct.
8. Nonconformance: Any person not conforming to any of the above rules may be prohibited from speaking during the public hearing. Should any person refuse to comply with such prohibition, he may be removed from the room by order of the mayor.
B. Suspension Or Amendment Of Rules: The city council may suspend or amend any one or more of those rules by vote of one-half (1/2) plus one of the full city council.
C. Interpretation Of Rules: The mayor shall have the authority to interpret and apply the foregoing rules, subject to an appeal to the city council, whose decision shall be determined by a majority vote of the council members present. (1959 Code § 1-9-6)
1-7-1: APPOINTMENT:
The mayor with the advice and consent of the council shall appoint a clerk, treasurer, or where both offices are held by the same person shall be designated as the office of clerk-treasurer, attorney and such other officers as may be deemed advisable for the efficient operation of the city and as shall be established by the ordinances or resolutions of the city. (Ord. 466, 2-19-2002)
1-7-2: TERM OF OFFICE:
All appointive officers shall hold office for the term for which they were appointed and qualified. (Ord. 466, 2-19-2002)
1-7-3: REMOVAL:
Any appointed officers may be removed by the mayor for any cause by him deemed sufficient; but such removal shall be with the affirmative vote of one-half (1/2), plus one, of the members of the full council; provided, that the city council by unanimous vote of all its members, may upon their own initiative remove any appointed officer. (Ord. 466, 2-19-2002)
1-7-4: BONDS:
The city clerk, city treasurer, city clerk-treasurer, and such other officers as are designated by the council shall, before entering upon the duties thereof, execute a bond to the city in such penal sum as the city council may by ordinance determine conditioned upon the faithful performance of his or her duties. All official bonds shall be approved by the city council and when so approved shall be filed with the city clerk except the bond of the city clerk or city clerk-treasurer which shall be filed with the mayor.
The bonds shall be as follows:
City clerk | $500,000.00 |
City treasurer | 500,000.00 |
City clerk-treasurer (where the 2 preceding offices are combined and held by 1 officer) | 500,000.00 (where the 2 preceding offices are combined and held by 1 officer) (where the 2 preceding offices are combined and held by 1 officer) |
(Ord. 466, 2-19-2002)
1-8-1: NUMBER OF PETITIONERS REQUIRED:
To enact an ordinance by initiative or to repeal an ordinance by referendum, there shall be attached or appended to the petition the signatures of the legal voters of the city equal to at least twenty percent (20%) of the total number of electors who cast votes at the last general election in the city. (1959 Code § 1-27-1; amd. 2003 Code)
1-8-2: FORM OF PETITION:
The initiative petition shall be in substantially the following form:
Initiative Petition to the Mayor and Council of the City of Bonners Ferry, Idaho: "We the undersigned citizens and legal voters of the City of Bonners Ferry, respectfully demand that the following proposed ordinance, to-wit: (setting out full text of measure proposed) shall be submitted to the legal voters of the city of Bonners Ferry, for their approval or rejection at an election to be called in accordance with Idaho Code Section 50-501 (3), and each for himself says: I have personally signed this petition; I am a legal voter of the City of Bonners Ferry; my residence and post office are correctly written after my name.
Name Street and Number Post Office
(Here follow numbered lines for signatures)
(The petition for referendum on any ordinance passed by the city council shall be in substantially the same form with appropriate title and changes, setting out in full the text of the ordinance to be referred to the people for their approval or rejection.)
(1959 Code § 1-27-2)
1-8-3: TIME FOR FILING PETITIONS:
Referendum petitions with the requisite number of signatures attached shall be filed with the city clerk not less than sixty (60) days following final adoption of the ordinance to be subject to referendum. (1959 Code § 1-27-3)
1-8-4: EXAMINATION AND CERTIFICATION OF SIGNATURES:
A. All petitions with attached signature sheets shall be presented on the same day to the city clerk, who shall make examination of them to determine whether the petitions contain the necessary number of signatures.
1. If the total number of signatures on the petitions is not sufficient to satisfy the number required by section 1-8-1 of this chapter, all petitions with attached signature sheets shall be retained by the city clerk who shall notify, in writing, the person filing the petition of the number of signatures needed, and further signatures may be gathered, if within the time limit of section 1-8-3 of this chapter.
2. If the examination of the signature sheets reveals:
a. Erasures on a signature;
b. Illegible or undecipherable signatures;
c. Signatures not properly identified by all of the information required on the sheet;
d. Duplicate signatures;
e. Signatures of persons who have requested, in writing, to have their names removed from the petition;
The city clerk shall summarily reject such signatures and they shall not be counted. Each rejected signature shall be drawn through with ink and initialed by the clerk. If the total number of signatures not rejected is not sufficient to satisfy the number required by section 1-8-1 of this chapter, all petitions with attached signature sheets shall be retained by the clerk who shall notify, in writing, the person filing the petition of the number of signatures needed, and further signatures may be gathered, if done prior to the next city general election.
1-8-5: SUFFICIENCY OF PETITION; NOTIFICATION; EFFECT OF COUNCIL; ACTION; ELECTION:
In the event that a petition filed with a city clerk is found by the city clerk to contain the required number of certified signatures, the city clerk shall promptly, by certified mail, inform the person so designated by petitioners to receive such notice, and shall also notify the city council at its next meeting that the initiative or referendum petition is in proper form.
A. Referendum: If the petition is for a referendum, the city council shall have thirty (30) days from the date of certification of the petition to repeal the ordinance being referred to the voters. In the event council repeals the ordinance, the referendum petition shall be declared null and void.
B. Initiative: If the petition is an initiative petition, the city council shall have thirty (30) days to pass an ordinance substantially as proposed by the petition. In the event the council passes such an ordinance, the initiative petition shall be null and void. (1959 Code § 1-27-5)
1-8-6: FORM OF BALLOT:
The city council shall prepare a ballot for an initiative or referendum election in one of the following ways:
A. Fifty Words Or Less: If the full text of the ordinance or proposed ordinance to be voted upon does not exceed fifty (50) words in length, it may be set out in full on the election ballot; or
B. More Than Fifty Words: If the full text of the ordinance or proposed ordinance to be voted upon exceeds fifty (50) words in length, and the council votes not to have it printed at length on the election ballot, it shall, with the assistance of the city attorney, prepare a short title and description of the ordinance or proposed ordinance which shall clearly and impartially state its purpose and effect, which short title and description shall be printed on the election ballot. (1959 Code § 1-27-6)
1-8-7: CONDUCT OF ELECTION:
Initiative or referendum elections, whether special or general, shall be conducted and the results thereof canvassed and certified in all respects as near as practicable, in like manner as city general elections, except as otherwise provided. (1959 Code § 1-27-7)
1-8-8: COSTS OF ELECTION:
Upon the filing of any initiative or referendum petition with the city clerk, petitioners shall post bond with the clerk in an amount sufficient to offset the estimated expense of conducting the election, unless such election is to be held at the time of a regular general municipal election. As near as practicable after the election, the total actual expenses of the election shall be tabulated by the city clerk. The petitioners shall be jointly and severally liable for payment into the city treasury of the whole amount of the expenses of such election. (1959 Code § 1-27-8)
1-8-9: CANVASS OF RETURNS:
The mayor and council shall meet within five (5) days after said election to canvass the votes cast at such election, and the city clerk shall immediately announce the results. Any initiative measure approved by a majority of the votes cast shall be in full force and effect from the date of such announcement. Any ordinance which is the subject of a referendum receiving less than a majority of the votes cast shall be repealed, effective on the date of such announcement. (1959 Code § 1-27-9)
1-8-10: PROHIBITED ACTS; PENALTY:
A person is guilty of a misdemeanor who:
A. Signs any name other than his own to any initiative or referendum petition;
B. Knowingly signs his name more than once on the same initiative or referendum petition;
C. Knowingly signs his name to any initiative or referendum petition if he is not a registered city elector;
D. Presents to any officer for filing any initiative or referendum petition to which is attached, appended or subscribed any signature which the person so filing such petition knows to be false or fraudulent, or not the genuine signature of the person purporting to sign such petition;
E. Circulates or causes to circulate any initiative or referendum petition knowing the same to contain false, forged or fictitious names;
F. Offers or proposes for any pecuniary reward or consideration:
1. To threaten or attempt to hinder or delay any initiative or referendum petition or any part thereof or the placing of any signatures thereon;
2. To threaten others to desist from beginning, promoting or circulating any initiative or referendum petition. (1959 Code § 1-27-10)
1-9-1: LEGISLATIVE PURPOSE:
The purpose for establishing an area of city impact is to identify a logical urban fringe area adjoining the city of Bonners Ferry, Idaho. The urban fringe area is realizing, or will realize, growth and development that must be planned and managed in an orderly fashion. The area of city impact recognizes trade area, geographic factors, and the potential delivery of public services as being associated with the city of Bonners Ferry and comprised of areas that may reasonably be annexed to the city in the near and distant future. (Ord. 499, 5-23-2006)
1-9-2: GEOGRAPHIC AREA OF CITY IMPACT:
The officially adopted and agreed upon "area of city impact for Bonners Ferry, Idaho" is established by this chapter and is set forth herein on the map entitled "Area Of City Impact Map For The City Of Bonners Ferry, Idaho" dated May 23, 2006, and marked exhibit A attached to the ordinance codified herein. (Ord. 499, 5-23-2006)
1-9-3: COMPREHENSIVE PLAN:
The comprehensive plan and subsequent amendments thereto as officially adopted by the county of Boundary, Idaho, shall apply to the area of city impact within the unincorporated area of Boundary County, Idaho. Upon the adoption hereof, both the city of Bonners Ferry and Boundary County shall amend their comprehensive plans to be consistent with this agreement, if required. (Ord. 499, 5-23-2006)
1-9-4: SUBDIVISION ORDINANCE:
The subdivision ordinance and subsequent amendments thereto as officially adopted by Boundary County, Idaho, shall apply to the area of city impact within the unincorporated area of Boundary County, Idaho. The subdivision ordinance of Boundary County shall also prevail over any city of Bonners Ferry ordinances pertaining to the division of original parcels of record, plat amendments, lot line adjustments, minor subdivisions, short plats or administrative lot splits. (Ord. 499, 5-23-2006)
1-9-5: ZONING ORDINANCE:
The zoning ordinance, zoning map and subsequent amendments thereto as officially adopted by Boundary County shall apply to the area of city impact within the unincorporated area of Boundary County, Idaho. (Ord. 499, 5-23-2006)
1-9-6: CODE AND ORDINANCE ADMINISTRATION:
A. Boundary County shall be responsible for the administration of the county's ordinances listed in sections 1-9-3, 1-9-4 and 1-9-5 of this chapter, and shall receive all permit fees for inspection performed to recapture direct costs for inspections, administration, legal publications and other costs arising from the process. Appeal and hearing procedures shall follow those adopted by Boundary County presently and in the future.
B. Amendments to the Boundary County comprehensive plan, requests for preliminary and final plats or the vacation thereof, and requests for zone changes, special use permits, and/or conditional use permits involving property located in the area of city impact within the unincorporated area of Boundary County being proposed for nonagricultural development of any type shall be submitted to the city of Bonners Ferry for review and recommendation by the city council. Review and recommendation by the city council shall be in addition to county approval and shall be based upon standards for review as set forth in titles 67 and 50, Idaho Code. In granting a recommendation of approval, the city council shall have the right to suggest terms and conditions pertinent to the permit under consideration.
C. The authority to enter into and execute development agreements with a subdivider and to accept required bonding or other forms of security to guarantee construction of required street and/or utility improvements involving plats located within the area of city impact within the unincorporated area of Boundary County shall rest with Boundary County.
D. Unless otherwise stipulated by written agreement, the maintenance of public streets, law enforcement, and fire services within the area of city impact within the unincorporated area of Boundary County shall be the responsibility of Boundary County until such time as they are annexed by the city of Bonners Ferry pursuant to law. (Ord. 499, 5-23-2006)
1-9-7: ENFORCEMENT:
Enforcement of the comprehensive plan and land use ordinances within the area of city impact shall be as defined by ordinance. (Ord. 499, 5-23-2006)
1-9-8: RENEGOTIATION:
The area of city impact agreement shall be reviewed by the city of Bonners Ferry and Boundary County at least once every ten (10) years, and shall be renegotiated at any time upon the request of either party hereto. Renegotiation shall begin sixty (60) days after written request by either the city or county and shall follow procedures for the original negotiations, as set forth in Idaho Code section 67-6526. (Ord. 499, 5-23-2006)
1-7A-1: APPOINTMENT:
The clerk shall be appointed in the manner provided by law and the ordinances of the city. (Ord. 466, 2-19-2002)
1-7A-2: OFFICES COMBINED1:
The same person may be appointed to hold both the offices of clerk and treasurer. Such person shall be designated as clerk-treasurer and perform all of the duties of both such offices as are required by law of both the office of clerk and the office of treasurer and as may be assigned by the ordinances or resolutions of the council. (Ord. 466, 2-19-2002)
1-7A-3: DUTIES:
The city clerk or the city clerk-treasurer shall perform all duties and have all powers of a city clerk as provided by law and the ordinances and resolutions of the city council. (Ord. 466, 2-19-2002)
1-7B-1: APPOINTMENT:
The city treasurer shall be appointed in the manner provided by law and the ordinances of the city. (Ord. 466, 2-19-2002)
1-7B-2: OFFICES COMBINED1:
The same person may be appointed to hold both the office of clerk and treasurer. Such person shall be designated as clerk-treasurer and perform all of the duties of both such offices as are required by law or may be assigned by the ordinances or resolutions of the city. (Ord. 466, 2-19-2002)
1-7B-3: DUTIES:
The city treasurer shall perform all duties and have all powers provided by law and shall be assigned by the ordinances and resolutions of the council. (Ord. 466, 2-19-2002)
1-7C-1: APPOINTMENT:
The city attorney shall be appointed in the manner provided by law and the ordinances of the city. (Ord. 466, 2-19-2002)
1-7C-2: DUTIES:
The city attorney shall perform all of the duties of such office as are required by law or may be assigned by the ordinances or resolutions of the city. (Ord. 466, 2-19-2002)
1-7D-1: APPOINTMENT:
The Mayor shall appoint, with approval of the City Council, a City Engineer who shall hold office for the duration of his/her appointment or until such time as he/she may be removed as provided in section 1-7-3 of this chapter. (1959 Code § 1-23-1; amd. 2003 Code)
1-7D-2: QUALIFICATIONS:
The engineer must be an engineer licensed to practice his/her occupation within the State of Idaho as a registered professional engineer. (1959 Code § 1-23-2)
1-7D-3: DUTIES:
It shall be the duty of the engineer to perform or oversee all surveying and engineering services for the City. (Ord. 573, 2-20-2018)
1-7E-1: APPOINTMENT:
The Mayor shall appoint, with approval of the City Council, a City Administrator who shall hold office for the duration of his/her appointment or until such time as he/she may be removed as provided in section 1-7-3 of this chapter. (Ord. 577, 5- -2018)
1-7E-2: DUTIES:
It shall be the duty of the City Administrator to provide leadership and administration of all operations of the city under the direction of the Mayor and City Council and in accordance with the job description and duties adopted by the Mayor and City Council. (Ord. 577, 5- -2018)