ADOPTING ORDINANCE

ORDINANCE NO. 315

   CITY OF HAYDEN

AN ORDINANCE OF THE CITY OF HAYDEN, A MUNICIPAL CORPORATION OF THE STATE OF IDAHO, ADOPTING THE CITY CODE OF HAYDEN FOR REVISING, CODIFYING AND COMPILING THE GENERAL ORDINANCES OF THE CITY OF HAYDEN AS CODIFIED BY STERLING CODIFIERS THROUGH AND INCLUDING CITY OF HAYDEN ORDINANCES 1 THROUGH 309, EXCEPT FOR THE SUBDIVISION AND ZONING ORDINANCES; PROVIDING THAT THE UNLAWFUL ALTERATION OR MODIFICATION OF THE CODE IS A MISDEMEANOR; PROVIDING SEVERABILITY; PROVIDING REPEAL OF CONFLICTING ORDINANCES; AND PROVIDING AN EFFECTIVE DATE.

IT IS ORDAINED by the mayor and city council of the city of Hayden, Kootenai County, Idaho as follows:

   Whereas, provisions of Title 50, Chapter 9 of Idaho Code authorize publication of compiled ordinances of a city by compilation and codification.

   Section 1: This ordinance is the initial codification of the ordinances of the city of Hayden from Ordinance 1 through 309, except for the Subdivision and Zoning ordinances.

   Section 2: From and after the date of passage of this ordinance, the City Code of the City of Hayden, Idaho prepared by Sterling Codifiers, Inc. containing the compilation of all ordinances of a general nature, together with the changes made to said ordinances, under the direction of the governing body of the City, shall be accepted in all courts without question as the official code and law of the City as enacted by the Mayor and City Council.

   Section 3: There is hereby adopted, as a method of perpetual codification, the loose-leaf type of binding together with the continuous supplement service, provided by Sterling Codifiers, Inc., whereby each newly adopted ordinance of a general and permanent nature amending, altering, adding or deleting provisions of the official City Code is identified by the proper catchline and is inserted in the proper place in each of the official copies, one copy of which shall be maintained in the office of the City Clerk, for inspection at any and all times that said office is regularly open. The Subdivision and Zoning Ordinances shall remain in effect as adopted and enforceable, although not codified herein. Each ordinance of a general nature subsequently adopted by the city council shall be deemed incorporated into said City Code upon its effective date unless expressly provided to the contrary.

   Section 4: All ordinances of a general nature included in this official City Code shall be considered as a continuation of said ordinance provision and the fact that some provisions have been deliberately eliminated by the governing body shall not serve to cause any interruption in the continuous effectiveness of ordinances included in said official City Code. All ordinances of a special nature, such as tax levy ordinances, bond ordinances, franchises, vacating ordinances and annexation ordinances shall continue in full force and effect unless specifically repealed or amended by a provision of the City Code. Such ordinances are not intended to be included in the official City Code.

   Section 5: It shall be unlawful for any person, firm or corporation to change or amend by additions or deletions, any part or portion of such Code, or to insert or delete pages or portions thereof, or to alter or tamper with such Code in any manner whatsoever which will cause the law of the City to be misrepresented thereby. It shall be a misdemeanor for any person, firm or corporation to violate this section.

   Section 6. Severability: The ordinance is hereby declared to be severable. Should any portion of this ordinance be declared invalid by a court of competent jurisdiction, the remaining provisions shall continue in full force and effect and shall be read to carry out the purpose(s) of the ordinance before the declaration of partial invalidity.

   Section 7. Repeal of Conflicting Provisions: All provisions of the current ordinances of the City of Hayden which conflict with the provisions of this ordinance are hereby repealed to the extent of such conflict.

   Section 8. Effective Date: This ordinance and the Code adopted by the same shall be effective upon passage and publication of this ordinance as provided by law.

Enacted by the city council as an ordinance of the City of Hayden on the 23 day of April, 2002.

Approved by the Mayor on the        day of April, 2002.

         CITY OF HAYDEN

         Ronald B. McIntire, Mayor

ATTEST:

Lila Truesdell, City Clerk