Idaho Code
Idaho Code § 50-344 (2026)
Solid waste disposal.
✓ current as of May 2026
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Solid waste disposal.
(1) Cities shall have the power to maintain and operate solid waste collection systems. Such maintenance and operation may, by exclusive or nonexclusive means, be performed by:
(a) Employees, facilities, equipment and supplies engaged or acquired by cities;
(b) Contracts, franchises or otherwise providing maintenance and operation performed by private persons;
(c) Contracts providing for maintenance and operation performed by another unit of government;
(d) Contracts, franchises or otherwise for maintenance and operation that may provide solid waste collection for all or geographic parts of a city;
(e) Any combination of paragraphs (a), (b), (c), and (d) of this subsection.
(2) Notwithstanding any city contract or franchise for solid waste collection to the contrary, any person may contract with a solid waste collection provider of the person’s choosing for the use of solid waste collection containers that are temporary and project-specific, as defined by city ordinance.
(3) Upon a finding by the mayor or city manager for public safety or necessary protection of public health and welfare and property, the provisions of chapter 28, title 67, Idaho Code, shall not apply to solid waste collection, as provided herein.
(4) Before entering into such contracts, franchises or otherwise, a city may require such security for the performance thereof as it deems appropriate or may waive such undertaking.
Notes of Decisions
Cited in 8
cases, 1989–2015 · leading case: Plummer v. City of Fruitland, 87 P.3d 297 (Idaho 2004).
Plummer v. City of Fruitland, 87 P.3d 297 (Idaho 2004). “§ 50-344 did not provide the power to grant such exclusive franchises, and accordingly we held the Ordinance invalid.”
Teresa D. v. City of Fruitland, 89 P.3d 841 (Idaho 2003). “Idaho Code § 50-344 grants Idaho cities the power to maintain and operate solid waste collection systems.”
Alpert v. Boise Water Corp., 795 P.2d 298 (Idaho 1990). “Furthermore, I.C. §§ 50-329 and -330 confer on the cities the authority to grant franchises to provide these services and thereafter regulate the franchise holders should the cities choose not to provide their own utility services.”
City of Grangeville v. Haskin, 777 P.2d 1208 (Idaho 1989). “We also note that I.C. § 50-344 grants cities "the power to maintain and operate solid waste collection systems.”
North Idaho Bldg. Contractors Ass'n v. City of Hayden, 343 P.3d 1086 (Idaho 2015). “The Court also noted that “I.C. § 50-344 grants cities ‘the power to maintain and operate solid waste collection systems,’ ” and it then stated, “We acknowledge that the city may collect the charges for the water, sewer and garbage services provided by the city from those who…”
Ciszek v. Kootenai Cnty. Bd. of Com'rs, 254 P.3d 24 (Idaho 2011). “3d 841 (2003) [hereinafter Plummer I ] that the City did not have the express or implied authority to do so pursuant to I.C. § 50-344. Plummer II, 139 Idaho at 813 , 87 P.”
Old Cutters, Inc. v. City of Hailey (In re Old Cutters, Inc.), 488 B.R. 130 (Bankr. D. Idaho 2012). “Because Idaho Code § 50-344 did not expressly prohibit the granting of an exclusive solid waste franchise,.”
Linda Ciszik v. Kootenai Cnty. Bd of Commissioners, 254 P.3d 24 (Idaho 2011). “3d 841 (2003) [hereinafter Plummer I ] that the City did not have the express or implied authority to do so pursuant to I.C. § 50-344. Plummer II, 139 Idaho at 813 , 87 P.”
— Idaho Code § 50-344(1) — 1 case
Teresa D. v. City of Fruitland, 89 P.3d 841 (Idaho 2003). “Idaho Code § 50-344 grants Idaho cities the power to maintain and operate solid waste collection systems.”
— Idaho Code § 50-344(1)(b) — 1 case
Teresa D. v. City of Fruitland, 89 P.3d 841 (Idaho 2003). “Idaho Code § 50-344 grants Idaho cities the power to maintain and operate solid waste collection systems.”
— Idaho Code § 50-344(2) — 1 case
Teresa D. v. City of Fruitland, 89 P.3d 841 (Idaho 2003). “Idaho Code § 50-344 grants Idaho cities the power to maintain and operate solid waste collection systems.”
— Idaho Code § 50-344(l)(b) — 1 case
Teresa D. v. City of Fruitland, 89 P.3d 841 (Idaho 2003). “Idaho Code § 50-344 grants Idaho cities the power to maintain and operate solid waste collection systems.”
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