CODE OF ORDINANCES

Chapter 1
GENERAL PROVISIONS1

Sec. 1-1. How code designated and cited.

The ordinances embraced in the following chapters and sections shall constitute and be designated The Code of the City of Lewiston, Idaho, and may be so cited. The code may also be cited as the Lewiston City Code, 1974. (Code 1960, § 1-1; Ord. No. 4603, § 1, 9-23-13)

Sec. 1-2. Definitions and rules of construction.

In the construction of this code and of all ordinances of the city, the following rules shall be observed, unless such construction would be inconsistent with the manifest intent of the city council or the context clearly requires otherwise:

City: The words, city, the city or this city shall be construed as if followed by the words of Lewiston.

Code: The words, code, the code or this code mean The Code of the City of Lewiston, Idaho.

Computation of time: The time in which any act provided by law is to be done is computed by excluding the first day and including the last, unless the last day is a holiday and then it is also excluded.

Council: Whenever the word council is used in this code it shall be construed to mean the city council of the city of Lewiston.

County: The words, county, the county or this county shall mean the county of Nez Perce, state of Idaho.

Day: A day is the period of time between any midnight and the midnight following.

Daytime: The period of time between sunrise and sunset.

Gender: The masculine gender includes the feminine and neuter.

Nighttime: The period of time between sunset and sunrise.

Officers, departments, etc.: The officers, departments, boards, commissions and employees of the city of Lewiston, unless the context clearly indicates otherwise.

Person: Any person, firm, association, organization, partnership, business trust, corporation or company.

State: The words, state, the state or this state shall be construed to mean the state of Idaho. (Code 1960, § 1-2; Ord. No. 4603, § 1, 9-23-13)

Sec. 1-3. Provisions considered as continuations of existing ordinances.

The provisions appearing in this code, so far as they are the same as those of ordinances existing at the time of the effective date of this code, shall be considered as continuations thereof and not as new enactments. (Code 1960, § 1-3; Ord. No. 4603, § 1, 9-23-13)

Sec. 1-4. Effect of repeal of ordinances.

(a) The repeal of an ordinance shall not revive any ordinances in force before or at the time the ordinance repealed took effect.

(b) The repeal of an ordinance shall not affect any punishment or penalty incurred before the repeal took effect, nor any suit, prosecution or proceeding pending at the time of the repeal, for any offense committed under the ordinance repealed. (Code 1960, § 1-4; Ord. No. 4603, § 1, 9-23-13)

Sec. 1-5. Catch lines of sections.

The catch lines of the several sections of this code printed in boldface type are intended as mere catchwords to indicate the contents of the sections and shall not be deemed or taken to be titles of such sections nor as any part of the section, nor, unless expressly so provided, shall they be so deemed when any of such sections, including the catch lines, are amended or reenacted. (Code 1960, § 1-5; Ord. No. 4603, § 1, 9-23-13)

Sec. 1-6. Severability of parts of code.

It is hereby declared to be the intention of the city council that the sections, paragraphs, sentences, clauses and phrases of this code are severable, and if any phrase, clause, sentence, paragraph or section of this code shall be declared unconstitutional or otherwise invalid by the valid judgment or decree of a court of competent jurisdiction, such unconstitutionality or invalidity shall not affect any of the remaining phrases, clauses, sentences, paragraphs and sections of this code. (Ord. No. 4603, § 1, 9-23-13)

Sec. 1-7. General penalty; continuing violations.

(a) Unless otherwise specifically provided in this code, wherever in this code or in any other ordinance of the city any act or omission is prohibited or is made or declared to be unlawful or an offense, the same shall be a misdemeanor and shall be punished by a fine not exceeding one thousand dollars ($1,000.00) or imprisonment in the county jail for a term not exceeding six (6) months, or both such fine and imprisonment.

(b) Every day any violation of this code or any other ordinance of the city shall continue shall constitute a separate offense. (Code 1960, § 1-7; Ord. No. 3061, § 1, 1-10-72; Ord. No. 3321, § 1, 7-19-76; Ord. No. 4603, § 1, 9-23-13; Ord. No. 4632, § 1, 6-22-15)

State law reference – The power of the city to enact ordinances and provide penalty may be found in Idaho Code, § 50-302.

Sec. 1-8. City seal.

(a) There is hereby adopted an official seal of the city of Lewiston, Idaho, which seal shall be circular in form with the words CITY OF LEWISTON around the top half, and the words STATE OF IDAHO around the bottom half, of said seal. In the center of said seal shall be the word SEAL.

(b) The city clerk of the city of Lewiston is hereby designated the official custodian of the official seal of the city of Lewiston and is hereby authorized and directed to affix said official seal to such instruments as are required to be executed by him on behalf of the city.

(c) The city clerk of the city of Lewiston is hereby authorized and directed to acquire by purchase said official seal in the form set forth in subsection (a) of this section. (Code 1960, § 1-7.1; Ord. No. 3065, §§ 1 – 3, 1-31-72; Ord. No. 3445, § 1, 5-8-78; Ord. No. 4603, § 1, 9-23-13)


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State law reference – For state law as to codification of city ordinances and publication in book form, see Idaho Code, § 50-903.