Ordinances — Penalties.
The board of county commissioners may pass all ordinances and rules and make all regulations, not repugnant to law, necessary for carrying into effect or discharging the powers and duties conferred by the laws of the state of Idaho, and such as are necessary or proper to provide for the safety, promote the health and prosperity, improve the morals, peace and good order, comfort and convenience of the county and the inhabitants thereof, and for the protection of property therein, and may enforce obedience to such ordinances with such fines or penalties, including infraction penalties, as the board may deem proper; provided, that the 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.
Notes of Decisions
Boundary Backpackers v. Boundary Cnty., 913 P.2d 1141 (Idaho 1996).
· cites it 4× “The ordinance states that, "Boundary County shall enforce compliance with this Interim Land Use Plan," but the ordinance does not include a specification of fines or imprisonment as authorized by Section 31-714 of the Idaho Code. The Commissioners have taken oaths that they do…”
Miller v. Miller, 745 P.2d 294 (Idaho 1987).
· cites it 8× “' The legislature in I.C. § 31-714 has elaborated on the constitutional grant of police power to counties, stating: `[t]he board of county commissioners may pass all ordinances .”
Gibson v. Ada Cnty., 133 P.3d 1211 (Idaho 2006).
· cites it 2× “administrative decision” which triggered commencement of the statute of limitations? Gibson maintains that the statute of limitations on her civil rights claims was tolled while she attempted to exhaust her administrative remedies arguing that: (1) the statute of limitations is…”
Hansen v. White, 762 P.2d 820 (Idaho 1988).
· cites it 4× “Idaho Code § 31-714 , quoted supra. . Idaho Code § 31-601 , quoted supra.”
Union Pac. R. Co. v. State of Idaho, 654 F. Supp. 1236 (D. Idaho 1987).
· cites it 2× “Idaho Code § 31-714 . The court has considered these powers as characteristic of an “independent political subdivision ], not of dependent arms of the [state].”
Heck v. Commissioners of Canyon Cnty., 853 P.2d 587 (Idaho Ct. App. 1992).
· cites it 2× “The Idaho legislature has further articulated the constitutional grant of authority to counties in I.C. § 31-714, which states: Ordinances—Penalties.”
Hartman v. Canyon Cnty. (Idaho 2022).
· cites it 2× “§ 31-604 (granting a county the power to exercise “such other and further authority as may be necessary to effectively carry out the duties imposed on it by the provisions of the Idaho Code and constitution.”
Cnty. of Ada v. Hill, 715 P.2d 959 (Idaho 1986).
· cites it 2× “We hold that if the state required the mandatory licensing of children’s day care businesses, the county, in conjunction with its zoning requirements, could require any applicant for a conditional use permit to secure a state license for the operation of a children’s day care…”
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