HomeMy WebLinkAboutMuni Code Title 1TITLE 1 GENERAL PROVISIONS
CHAPTER 1.1 CODE ADOPTION
CHAPTER 1.2 PENALTY
CHAPTER 1.3 CITY LIMITS
CHAPTER 1.4 ELECTIONS
CHAPTER 1.5 INITIATIVE AND REFERENDUM
CHAPTER 1.6 CITY SEAL
CHAPTER 1.7 OFFICIAL NEWSPAPER
CHAPTER 1.8 CEMETERY
CHAPTER 1.9 LIBRARY
CHAPTER 1.10 DEPOSITORIES
CHAPTER 1.11 RIGHT OF ENTRY FOR INSPECTION
Title 1 sets forth the provisions applicable to the City generally and to all sections of the Code.
CHAPTER 1.1 CODE ADOPTION
1.01.010 Definitions And Interpretation Of Terms
1.01.020 Grammatical Interpretation Of Terms
1.01.030 Prohibited Acts Include Causing, Permitting Or Concealing
1.01.040 Construction
1.01.050 Repeal Shall Not Revive Any Ordinances
1.01.060 Code Not To Affect Prior Offenses, Rights, Etc.
Note to Chapter 1.01: For statutory provisions continuing in force all ordinances passed by a city under its former
organization, until altered or repealed by the mayor and council, see Idaho Code §50-201.
1.01.010 Definitions And Interpretation Of Terms
A. The following words and phrases, whenever used in the ordinances of the city of Rexburg, Idaho, shall be
construed as defined in this section unless from the context a different meaning is intended or unless a
different meaning is specifically defined and more particularly directed to the use of such words or
phrases:
1. City/town: The City of Rexburg, Idaho, or the area within the territorial limits of the City of Rexburg,
Idaho, and such territory outsi.de of the City over which the City has jurisdiction or control of virtue
of any constitutional or statuatory provision.
2. Computation of Time: The time within which an act is to be done. It shall be computed by
excluding the first.day and including the last day; and if
the last day be Sunday. or a legal holiday, that day shall be excluded.
3. Council: The City Council of the City, of Rexburg, Idaho. "All its members" or "all councilmen"
mean the total number of councilmen provided by the general laws of the State of Idaho.
4. County: The County of Madison, Idaho.
5. Law: Denotes applicable federal law, the constitution and statutes of the State of Idaho, the
ordinances of the City of Rexburg, and when appropriate, any and all rules and regulations which
may be promulgated thereunder.
6. May: Is permissive.
7. Month: A calendar month.
8. Must and Shall: Each is mandatory.
9. Oath: Shall be construed to include an affirmation or declaration in all cases in which, by laws, an
affirmation may be substituted for an oath, and in such cases the words "swear" and "sworn" shall
be equivalent to the words "affirm" and "affirmed."
10. Ordinance: A law of the City; provided that a temporary or special law, administrative action, order
or directive, may be in the form of a resolution.
11. Owner: Applied to a building or land includes any part owner, joint owner, tenant in common, joint
tenant or tenant by the entirely, of the whole or a part of such building or land.
12. Person: Natural person, joint venture, joint stock company, partnership, association, club,
company, corporation, business, trust, organization, or the manager, lessee, agent, servant, officer
or employee of any of them.
13. Personal Property: Includes money, goods, chattels, things in action and evidences of debt.
14. Presceding and Following: Next before and next after, respectively.
15. Property: Includes real and personal property.
16. Real Property: Includes lands, tenements and herditaments.
17. Sidewalk: That portion of a street between the curb line and the adjacent property line intended for
the use of pedestrians.
18. State: The State of Idaho.
19. Street: Includes all streets, highways, avenues, lanes, alleys, courts, places, squares, curbs, or
other public ways in this city which have been or may hereafter be dedicated and open to public
use, or such other public property so designated in any law of this state.
20. Tenant and Occupant: Applied to a building or land, includes any person who occupies -whole or a
part of such building or land, whether alone or with others.
21. Title of Office: Use of the title of any officer, employee, department, board or commission means
that officer, employee, department, board or commission of the City.
22. Written: Includes printed, typewritten, mimeographed or multigraphed.
23. Year: A calendar year.
24. All words and phrases shall be construed and understood according to the common and approved
usage of the language; but technical words and phrases and such others as may have acquired a
peculiar and appropriate meaning. in the law shall be construed and understood according to such
peculiar and appropriate meaning.
25. When an act is required by an ordinance the same being such that it may be done as well by an
agent as by the principal, such requirement shall be construed as to include all such acts
performed by an authorized agent.
HISTORY
Recorded by Ord. 562 Provided Definitions applicable generally to Ordinances to the City of Rexburg. on 611811975
1.01.020 Grammatical Interpretation Of Terms
The following grammatical rules shall apply in the ordinances of the city:
1. Gender. Designation in the form of any gender includes the masculine, feminine and neuter genders;
2. Singular and Plural. The singular number includes the plural and the plural includes the singular;
3. Tenses. Words used in the present tense include the past and the future tenses and vice versa, unless
manifestly inapplicable;
4. Use of Words and Phrases. Words and phrases not specifically defined shall be construed according to
the context and approved usage of the language. (Ord. 562 §2, 1975).
HISTORY
Recorded by Ord. 562 Defined Grammatical Interpretation on 611811975
1.01.030 Prohibited Acts Include Causing, Permitting Or Concealing
Whenever in the ordinances of the city any act or omission is made unlawful, it shall include causing, allowing,
permitting, aiding, abetting, suffering or concealing the fact of such act or omission. (Ord. 562 §3, 1975).
HISTORY
Recorded by Ord. 562 Prohibited acts inculde causing, permitting, etc. on 611811975
1.01.040 Construction
The provisions of the ordinances of the city, and all proceedings under them, are to be construed with a view to
affect their objects and to promote justice. (Ord. 562 §4, 1975).
HISTORY
Recorded by Ord. 562 Construction on 611811975
1.01.050 Repeal Shall Not Revive Any Ordinances
The repeal of an ordinance shall not repeal the repealing clause of such ordinance or revive any ordinance which
has been repealed thereby. (Ord. 562 §5, 1975).
HISTORY
Recorded by Ord. 562 Repeal shall not revive any ordinances. on 6/18/1975
1.01.060 Code Not To Affect Prior Offenses, Rights, Etc.
1. Nothing in this Code or the ordinance adopting this Code shall affect any offense or act committed or
done, or any penalty or forfeiture incurred, or any contract or right established or accruing before the
effective date of this Code.
2. The adoption of this Code shall not be interpreted as authorizing any use or continuance of any use of a
structure or premises in violation of any ordinance of the City in effect on the date of adoption of this Code,
except as otherwise provided.
CHAPTER 1.2 PENALTY
1.02.010 Violations And Penalty - Municipal Infractions
1.02.020 Violations And Penalty - Infractions
1.02.030 Severability_
1.02.010 Violations And Penalty - Municipal Infractions
1. Unless otherwise provided by resolution of the Mayor and Council, the fine to be imposed for a municipal
infraction shall be the maximum allowed by State law for a municipal infraction. Unless otherwise provided,
each day a violation continues shall constitute a separate and repeat violation.
2. The imposition of a municipal infraction does not prevent license revocation or the imposition of
administrative sanctions.
1.02.020 Violations And Penalty - Infractions
Except as otherwise provided by ordinance of the Mayor and Council, any person found guilty of violating any
provision of this Code shall be guilty of an infraction and shall be subject to a fine not exceeding three hundred
($300), or by imprisonment in a county jail not exceeding six (6) months, or by both. Each day a violation
continues shall constitute a separate offense. In addition to any other punishment prescribed for infractions in
specific statutes of the Idaho Code, the court may also impose a fine of up to three hundred dollars ($300). This
paragraph shall not apply if the specific infraction statute provides for the imposition of a fine. The imposition of a
penalty pursuant to this section does not prevent license revocation or the imposition of administrative sanctions.
HISTORY
Amended by Ord. 1164 on 611412017
1.02.030 Severability_
It is hereby declared to be the intention of the Council that the sections, paragraphs, sentences, clauses and
words of this Code are severable, and if any word, clause, sentence, paragraph or section of the Code shall be
declared unconstitutional or otherwise invalid by the valid judgment or decree of any court of competent
jurisdiction, such unconstitutionality or invalidity shall not affect any of the remaining words, clauses, sentences,
paragraphs and sections of this Code, because the same would have been enacted by the Council without the
incorporation of this Code of any such unconstitutional or invalid word, clause, sentence, paragraph or section.
CHAPTER 1.3 CITY LIMITS
1.03.05 City Maps
1.03.05 City Maps
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current Rexburg Maps C.uI be found at the follow web address:
https://www.rexburg.org/o/cor/page/printable-pdf-maps
CHAPTER 1.4 ELECTIONS
1.04.010 Precinct Map
1.04.020 Election Precincts
1.04.030 Election Poll Hours
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The current Rexburg Maps can be found at the follow web address:
https://www.rexburg.org/gis/page/printable-pdf-maps
1.04.020 Election Precincts
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The City of Rexburg shall be divided into Twelve (12) precincts which shall each and respectively comprise that
portion of the City set forth as follows:
1. Third Precinct- shall comprise and include all of that part of the City described as follows -
a. North of West Main Street and West of U.S. Hwy 20; See attached Precinct map dated November
04, 2003.
2. Fifth Precinct: shall comprise and include all of that part of the City of Rexburg described as follows:
a. North of Main Street and west of Center Street; Also those areas that are part of the City of
Rexburg north of the Eastern Idaho Rail Road tracks and west of Second East; See attached
Precinct map dated November 04, 2003.
3. Seventh Precinct: shall comprise and include all of that part of the City described as follows:
a. Those areas south of the Eastern Idaho Rail Road and North of Main Street following an easterly
direction to North 4th East then to Reed Street then to Morgan Drive then north on Millhollow Road
to East 1st North then east on North Hill Road to Barney Dairy Road. Also, those areas that are
part of the City east of 2nd East and north of Eastern Idaho Rail Road; See attached Precinct map
dated November 04, 2003.
4. Eighth Precinct: shall comprise and include all of that part of the City described as follows:
a. The area that is located south of Main Street, east of 12th West, north of 7th South and the South
Yellowstone Hwy, and west of South 5th West; See attached Precinct map dated November 04,
2003.
5. Ninth Precinct: shall comprise and include all of that part of the City described as follows:
a. The area south of Main Street, east of South 5th West, north of West 4th South and west of South
2nd West; See attached Precinct map dated November 04, 2003.
6. Tenth Precinct: shall comprise and include all of that part of the City described as follows:
a. The area south of West 4th South, east of the South Yellowstone Hwy, north of West 7th South,
and west of South 2nd West; See attached Precinct map dated November 04, 2003.
7. Eleventh Precinct: shall comprise and include all of that part of the City described as follows:
a. The area south of Main Street, East of South 2nd west, north of West 2nd South, and west of South
Center Street; See attached Precinct map dated November 04, 2003.
8. Twelfth Precinct: shall comprise and include all of that part of the City described as follows:
a. The area south of West 2nd South, east of South 2nd West, north of West 4th South, and west of
South 1 st West; See attached Precinct map dated November 04, 2003.
9. Thirteenth Precinct: shall comprise and include all of that part of the City described as follows:
a. The area south of West 4th South, West Viking Street, and East Viking Street; East of South 2nd
West, north of East and West 7th South, and west of South 2nd East; See attached Precinct map
dated November 04, 2003.
10. Fourteenth Precinct: shall comprise and include all of that part of the City described as follows:
a. The area south of Main Street between South Center Street and South 2nd East, then the area
south of 2nd South between South 1st West and South 2nd East going south to West and East
Viking Street. See attached Precinct map dated November 04, 2003.
11. Fifteenth Precinct: shall comprise and include all of that part of the City described as follows:
a. The area south of 7th South; also those parts of the City that are south of East 5th South, and
Terra Vista Drive; also, the area south of Rolling Hills Drive between Shoshone Avenue and South
Millhollow Road; See attached Precinct map dated November 04, 2003.
12. Sixteenth Precinct: shall comprise and include all of that part of the City described as follows:
a. The area east of 2nd East between East Main Street and East 5th South going in an easterly
direction on East 5th South to South 4th East; then north to TerraVista Drive going east to
Shoshone Avenue; then north and east on Rolling Hills Drive to South Millhollow Road; then south
on South Millhollow Road to the City Limits. The north boundary goes east on East Main Street to
North 4th East, then to Reed Street, then to Morgan Drive, then north on Millhollow Road to East
1st North, then east on North Hill Road to the City Limits on Barney Dairy Road. See attached
Precinct map dated November 04, 2003. (Ord. 905, §2, 2003)
1.04.030 Election Poll Hours
The polls for all general and special city elections shall be opened from 8:00 A.M., and remain open until all
registered electors of that precinct have voted or until 8.00 P.M., whichever comes first. (Ord. 773 §1, 1995).
HISTORY
Recorded by Ord. 773 Established Election Poll Hours on 6/7/1995
CHAPTER 1.5 INITIATIVE AND REFERENDUM
1.05.010 Submissions
Note to Chapter 1.5: For provisions regarding the requirements for initiative and/or referendum guidelines, see
Idaho Code §34-18.
1.05.010 Submissions
Initiative and referendum petitions with the requisite number of signatures attached shall be filed with the
secretary of state in accordance to their respective gathering and filing times. (Idaho Code §§34-1802 and 34-
1803).
CHAPTER 1.6 CITY SEAL
1.06.010 Use Of City Seal
1.06.020 Previous City Seal
1.06.030 Previous Redesigned City Seal And Logotype
1.06.035 Active City Seal 2022
Note to Chapter 1.06: For further detail on powers and duties of the city clerk see §2.03.080 of this code.
1.06.010 Use Of City Seal
The city clerk shall be the keeper of the common seal of the city, and shall affix it to all public instruments or
official acts of the council, which by the law or Ordinance are required to be attested by the City seal; and in the
meantime preserve said seal in a secure place and secure from interference. (Ord. 116 §2 1904: Ord. 58 §2(part),
1903).
HISTORY
Recorded by Ord. 58 Prescribed the Duties of Officers of the City of Rexburg. on 3/31/1903
Amended by Ord. 116 Amended Ord. 58, Chapter 2, Part 1, Section 2. on 61411907
1.06.020 Previous City Seal
1.06.030 Previous Redesigned City Seal And Logotype
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1.06.035 Active City Seal 2022
C I T Y O F
REXBURG
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America's Family Community
New City Branding and City Seal amendment approved by Rexburg City Council on October 19, 2022.
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CHAPTER 1.7 OFFICIAL NEWSPAPER
1.07.010 Official Newspapers Designated
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Note to Chapter 1.7: For statutory provisions regarding the designation of an official newspaper, see Idaho Code
§50-213. For provisions concerning the qualifications of such a newspaper, see Idaho Code §60-106.
1.07.010 Official Newspapers Designated
The Rexburg Standard -Journal Newspapers, printed and published in the city, are designated the official
newspapers of the city and such ordinances, notices and publications as are required by law to be published in a
newspaper shall be published in the Rexburg Standard -Journal Newspapers. (Ord. 472 §1, 1968).
HISTORY
Recorded by Ord. 472 on 2/21/1968
CHAPTER 1.8 CEMETERY
1.08.010 Administration
1.08.010 Administration
Managed through own county or taxing district.
CHAPTER 1.9 LIBRARY
1.09.010 Administration
1.09.010 Administration
Managed through own county or taxing district.
CHAPTER 1.10 DEPOSITORIES
1.10.010 Depositories Designated
Note to Chapter 1.10: For provisions regarding the requirements for official depositories, see Idaho Code Ch.
557-1.
1.10.010 Depositories Designated
All official depositories for the City of Rexburg shall be designated by resolution as an official depository for the
funds of the City of Rexburg, Idaho. The City Treasurer is hereby ordered, required and directed to keep moneys
belonging to, or in the care of, the City Treasurer in any so designated depository; provided, however, that when
so authorized by the Mayor and Council, city funds may be, by the Treasurer, invested in securities authorized by
law. (Ord. 1009 §1, 2008).
HISTORY
Recorded by Ord. 1009 on 71212008
CHAPTER 1.11 RIGHT OF ENTRY FOR INSPECTION
1.11.010 Inspection Authorization - Procedures Required
1.11.010 Inspection Authorization -Procedures Required
Whenever necessary to make an inspection to enforce any ordinance or resolution, or whenever there is
reasonable cause to believe there exists an ordinance or resolution violation in any building or upon any premises
within the jurisdiction of the city, any authorized official of the city may, upon presentation of proper credentials,
enter such building or premises at all reasonable times to inspect the same or to perform any duty imposed upon
him by ordinance; provided, that except in emergency situations or when consent of the owner and/or occupant to
the inspection has been otherwise obtained, he shall give the owner and/or occupant, if they can be located after
reasonable effort, twenty-four hours' written notice of the authorized official's intention to inspect. The notice
transmitted to the owner and/or occupant shall state that the property owner has the right to refuse entry and that
in the event such entry is refused, inspection may be made only upon issuance of search warrant by a duly
authorized magistrate. In the event the owner and/or occupant refuses entry after such request has been made,
the official is empowered to seek assistance from any court of competent jurisdiction in obtaining such entry. (Ord.
563 §1, 1975).
HISTORY
Recorded by Ord. 563 on 611811975