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Lesson 5 of 9 · about 14 minutes

City and county lawmaking: ordinances and resolutions

You'll be able to

  • Explain the difference between an ordinance and a resolution
  • Apply Idaho's three-reading rule for city ordinances and the vote needed to suspend it
  • Say when a city or county ordinance takes effect and what publication is required
  • Find and read a local code, and spot when a code adopts another code by reference

The law most likely to affect you this year was probably passed by people you can see at a folding table on a Tuesday night. City councils and county commissions decide water rates, zoning, dog licenses, noise limits, burn bans and short-term rental rules. Their lawmaking process is shorter than the legislature's, and it moves fast when nobody is watching.

Where local power comes from

Article XII, Section 2 of the Idaho Constitution lets any county or city "make and enforce, within its limits, all such local police, sanitary and other regulations as are not in conflict with its charter or with the general laws." That last clause is the limit. A city ordinance cannot contradict state law. When the legislature writes a statute that covers a subject completely, local rules on that subject can be preempted. When you see a local proposal on a hot topic, check whether state law already occupies the ground.

Counties get a parallel grant in Idaho Code 31-714: a board of county commissioners may pass ordinances "not repugnant to law" for the safety, health and good order of the county, with penalties capped at a $1,000 fine, six months in jail, or both.

Ordinance or resolution?

Local bodies make two main kinds of formal decisions.

OrdinanceResolution
What it isA local law. Binds the public and can carry penalties.A formal decision or statement of policy: adopting a fee schedule, approving a plan, setting a hearing, supporting a grant application.
Readings (cities)Three, on different days, unless suspendedNo three-reading requirement in 50-902, though a resolution to enter a contract needs a recorded roll call and a majority
PublicationGeneral ordinances must be published, in full or summary, before taking effect and within one month after passageDepends on the subject and other statutes
Where it ends upIn the city or county codeIn the minutes and resolution book

The line matters because the process protections attach to ordinances. If a council is setting a rule that binds residents, ask why it is coming as a resolution. Sometimes the answer is that another statute allows it. Sometimes nobody thought about it.

The three-reading rule

Idaho Code 50-902 governs city ordinances. Its key requirements:

  • Roll call: every ordinance, and every resolution or order to enter a contract, is passed by roll call with each member's yea or nay recorded, and needs a majority of the council.
  • Three readings: ordinances are read on three different days. Two readings may be by title only, and one must be in full.
  • Suspension: the rule can be dispensed with by "one half (1/2) plus one (1) of the members of the full council."
  • One subject: an ordinance may contain no subject not clearly expressed in its title.
  • Marked changes: amending ordinances must underline added words and strike through removed words, the same legislative format bills use.

Suspension is common, and often harmless for routine items. It also turns a three-meeting process into a one-night process. That is the moment for residents and advocates to pay attention.

Worked example: counting a suspension vote

The invented city of Fenwick has a mayor and a six-member council. At a meeting with five council members present, a motion to suspend the three-reading rule on a new short-term rental ordinance passes 3 to 2.

Did it pass? The statute counts the full council, not those present. Half of six is three. Plus one is four. Three votes is not enough, so the rule was not lawfully suspended and the ordinance needs its other readings.

Same city, a four-member council: half of four is two, plus one is three. A 3 to 1 vote suspends.

Publication and effective dates

Under Idaho Code 50-901, a city ordinance "of a general nature" takes effect after it is published in at least one issue of the city's official newspaper (or mailed as allowed by law), and publication must happen within one month after passage. Ordinances open with the style "Be it ordained by the mayor and council of the city of..."

Cities can publish a summary instead of the full text under 50-901A. The summary must include the ordinance number, a descriptive title, the principal provisions including penalties and effective date, and a statement that the full text is available at city hall. Before it goes to the paper, the city's legal advisor must sign a statement, filed with the ordinance, that the summary is true and complete. Legal descriptions of real property and sections on taxes or penalties concerning real property must be published in full.

There is an emergency exception. In cases of riot, contagious disease or "other impending danger requiring immediate enforcement," an ordinance can take effect on the mayor's proclamation, posted in at least five public places. Counties have the same structure in 31-715: publication in a newspaper within a month, or immediate effect on the board's proclamation in an emergency, posted in five public places.

Codes adopted by reference

Building, plumbing, electrical and fire codes run hundreds of pages. Idaho lets cities (50-901) and counties (31-715) adopt them by reference: the ordinance cites the code, and a certified copy is filed with the clerk for public inspection before adoption. That is efficient, and it means the most detailed rules your house must meet are often not printed in the ordinance at all. If someone asks what the rule is, the answer is in the referenced code, on file with the clerk.

Codification

Most Idaho cities and counties organize their ordinances into a municipal or county code, arranged by title and chapter like the Idaho Code. Many host it online through a code publishing company. Codification lags: a newly passed ordinance may not appear in the online code for weeks or months. When the code and a recent ordinance disagree, the ordinance on file with the clerk is the newer law. Counties have an advantage in 31-715: once a codification is published by authority of the board, no further publication is needed.

Common mix-ups

  • Claim: An ordinance is law as soon as the council votes. What the evidence shows: General ordinances take effect after publication, which must happen within a month, unless an emergency proclamation applies.
  • Claim: A majority of members present can always waive the readings. What the evidence shows: For cities, 50-902 requires one half plus one of the full council.
  • Claim: If it isn't in the online code, it isn't the law. What the evidence shows: Online codes lag. Check recently passed ordinances with the clerk.

Reporting angle

  • Read the agenda packet, not just the agenda. The ordinance text and staff report are usually attached.
  • Track first, second and third readings. When a council suspends the rule, count the votes against the full council size.
  • Check the official newspaper for the published ordinance or summary, and compare the summary with the full text.
  • Ask whether state law already covers the subject. Preemption fights start at the local level.
  • Use the Idaho Open-Meetings Compliance Tracker at https://jeffapierson.com/journal_tools/idaho-open-meetings-tracker/ to keep notes on notice and agenda practices, and the module on local government in this course for how meetings themselves must run.

Research angle

Check yourself

1. Under Idaho Code 50-902, how many readings does a city ordinance get unless the rule is suspended?

2. A city council has six members. How many must vote to dispense with the three-reading rule?

3. When does an ordinance of a general nature normally take effect in an Idaho city?

4. What is the maximum punishment Idaho Code 31-714 allows for violating a county ordinance?

5. A city publishes a summary of a new ordinance instead of the full text. Which of these must the summary process include?

Terms in this lesson

Ordinance
A local law adopted by a city council or board of county commissioners, enforceable with penalties.
Resolution
A formal statement of a governing body's decision or policy, such as adopting a fee schedule or approving a contract, usually without the formalities of an ordinance.
Three-reading rule
The requirement in Idaho Code 50-902 that a city ordinance be read on three different days unless suspended.
Adoption by reference
Adopting a published code, like a building or fire code, by citing it in an ordinance instead of reprinting it.
Municipal code
A city's ordinances organized by subject into titles and chapters, much like the Idaho Code.

Full glossary

Sources