Idaho Code
Idaho Code § 50-302 (2026)
Promotion of general welfare — Prescribing penalties.
✓ current as of May 2026
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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.
Notes of Decisions
Cited in 6
cases, 1974–2014 · leading case: Voyles v. City of Nampa, 548 P.2d 1217 (Idaho 1976).
Voyles v. City of Nampa, 548 P.2d 1217 (Idaho 1976). “XII, § 2, and I.C. § 50-302. The ordinance is consistent with and a necessary extension of state statutes and is consistent with the Constitution of the State of Idaho.”
State v. Michael Jay Freitas, 335 P.3d 597 (Idaho Ct. App. 2014). “As noted by the district court, although I.C. § 50-302 provides for a fine of up to $1,000 for violation of an ordinance, City of Spirit Lake Ordinance 1-4-1 (A) provides that the maximum penally for violation of a Spirit Lake City ordinance is only $300.”
City of Boise v. Ada Cnty., 215 P.3d 514 (Idaho 2009). “Indeed, I.C. § 50-302(1) provides for cities to enact and enforce ordinances.”
State v. Barsness, 628 P.2d 1044 (Idaho 1981). “" I.C. § 50-302 provides in part: "Cities shall make all such ordinances, by-laws, rules, regulation [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…”
State v. Jared D. Bristol (Idaho Ct. App. 2014). “See I.C. § 50-302 (empowering municipalities to “make all such ordinances .”
Condie v. Mansor, 528 P.2d 907 (Idaho 1974). “I.C. §§ 50-302, 50-307. Appellant does not dispute the applicability of the above sections of the Idaho Code but argues that the City Council of Blackfoot has not been authorized by that City Code to deny a license to operate a hotel, although such might be a hazard to human…”
— Idaho Code § 50-302(1) — 2 cases
City of Boise v. Ada Cnty., 215 P.3d 514 (Idaho 2009). “Indeed, I.C. § 50-302(1) provides for cities to enact and enforce ordinances.”
State v. Michael Jay Freitas, 335 P.3d 597 (Idaho Ct. App. 2014). “As noted by the district court, although I.C. § 50-302 provides for a fine of up to $1,000 for violation of an ordinance, City of Spirit Lake Ordinance 1-4-1 (A) provides that the maximum penally for violation of a Spirit Lake City ordinance is only $300.”
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