Idaho Code

Idaho Code § 50-902 (2026)

Passage of ordinances.

✓ current as of May 2026

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Passage of ordinances.

The passage or adoption of every ordinance, and every resolution or order to enter a contract shall be by roll call of the council with the yea or nay of each being recorded, and to pass or adopt any ordinance or any such resolution or order, a majority of the council shall be required.

Ordinances shall be read on three (3) different days, two (2) readings of which may be by title only and one (1) reading of which shall be in full, unless one half (1/2) plus one (1) of the members of the full council shall dispense with the rule. In preparation, passage and publication, ordinances shall contain no subject which shall not be clearly expressed in the title, and no ordinance or section thereof shall be revised or amended unless all ordinances, which are intended to amend existing ordinances, shall have the words which are added to such ordinance underlined; when the amendment is to strike out or repeal any part of an existing ordinance, the letter, figure, word or words stricken or repealed shall be printed with a line through such letter, figure, word or words in the printed bill to indicate the part stricken or repealed. Provided, however, that when an ordinance includes or consists of the repeal of an entire section or chapter, it shall not be necessary to print such repealed section or chapter.

All ordinances may be proved by a certificate of the clerk under the seal of the city and when printed or published individually in book or pamphlet form by authority of the city, shall be read and received in evidence in all courts and places without further proof.

Notes of Decisions

Cited in 7 cases, 1967–2013 · leading case: Black v. Young, 834 P.2d 304 (Idaho 1992).

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Black v. Young, 834 P.2d 304 (Idaho 1992). · cites it 20× “Idaho Code § 50-902 in clear language provides, "In preparation, passage and publication, ordinances shall contain no subject which shall not be clearly expressed in the title.”

Foster v. City of St. Anthony, 841 P.2d 413 (Idaho 1992). · cites it 8× “THE ORAL MOTION PASSED BY THE CITY COUNCIL WAS A RESOLUTION WITHIN THE MEANING OF I.C. § 50-902. Foster asserts that the lease between the city and the state is invalid because the mayor lacked authority to sign it.”

Cmty. House, Inc. v. City of Boise, Idaho, 623 F.3d 945 (9th Cir. 2010). · cites it 2× “Idaho Code § 50-902 . Resolutions, however, are not subject to the same publication and reading requirements as ordinances.”

Janet Bell v. City of Boise, 709 F.3d 890 (9th Cir. 2013). “Idaho Code § 50-902 . The Idaho Code also imposes certain publication requirements before an ordinance may take effect.”

Nite Moves Ent., Inc. v. City of Boise, 153 F. Supp. 2d 1198 (D. Idaho 2001). · cites it 8× “Plaintiffs claim (1) that Boise City Ordinance 6008 as amended by the Boise City Council on August 22, 2000, unconstitutionally infringes upon plaintiffs’ right to freedom of expression guaranteed by the First Amendment to the United States Constitution, and (2) that the Boise…”

State v. Doe, 195 P.3d 745 (Idaho Ct. App. 2008). · cites it 3× “If the ordinance is not generally known within the territorial jurisdiction of the court, or is not capable of accurate and ready determination by resort to a source whose accuracy cannot reasonably be questioned, then the trial court should not take judicial notice of the…”

Anderson v. Boise City, 427 P.2d 574 (Idaho 1967). · cites it 3× “” Appellants also refer to, and rely upon, I.C. § 50-902. This provision was adopted as part of the general municipal law enacted in 1893 providing for the organization, government and power of cities and villages.”

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