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Payette Overview
Payette, ID Code of Ordinances
CITY CODE of PAYETTE, IDAHO
ORDINANCES PENDING REVIEW FOR CODIFICATION
TITLE 1 GENERAL PROVISIONS
TITLE 2 ADMINISTRATION AND PERSONNEL
TITLE 3 REVENUE AND FINANCE
TITLE 4 RESERVED
TITLE 5 BUSINESS LICENSES AND REGULATIONS
TITLE 6 ANIMALS
TITLE 7 RESERVED
TITLE 8 HEALTH AND SAFETY
TITLE 9 PUBLIC PEACE, MORALS AND WELFARE
TITLE 10 VEHICLES AND TRAFFIC
TITLE 11 RESERVED
TITLE 12 STREETS, SIDEWALKS AND PARKS
TITLE 13 WATER, SEWERS AND PUBLIC SERVICES
TITLE 14 RESERVED
TITLE 15 BUILDINGS AND CONSTRUCTION
TITLE 16 SUBDIVISIONS
TITLE 17 ZONING
TITLE 18 ANNEXATION
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2.04.050: STANDING COMMITTEES:
All standing committees of the council that are appointed or may be provided for shall consist of three (3) members of the council; provided, however, that the committee on health, drainage and cemetery shall consist of the entire council, and the mayor shall be ex officio chairman of said committee. (Prior code § 1-11-5)
2.04.060: LEAVE OF ABSENCE:
No council member, unless from illness or other reasonable cause which makes him unable to be in attendance, shall absent himself from any special or regular meeting of the council without first having obtained a leave of absence from the mayor or the president of the council. (Prior code § 1-11-6)
2.04.070: ABSENT WITHOUT LEAVE; WARRANT FOR ARREST:
A majority of the council members present at any regular or special meeting of the council may order the arrest of council members not in attendance and who are absent without leave.
The form of warrant for the arrest of council members who are absent without leave shall be as follows:
         CITY COUNCIL OF THE CITY OF PAYETTE, IDAHO
   To the Chief of Police or the police officers of the City of Payette, Idaho:
   Whereas, the City Council has adopted the following order: That the Chief of Police or the police officer of the City of Payette, Idaho take into custody and bring to the meeting of the City Council such council Members as are found absent without leave; and
Whereas, the following named members of the City Council are absent without leave, to-wit:
   (Names of Members)
NOW, therefore, I                               , Mayor of the City of Payette, Idaho (or President of the City Council of the City of Payette, Idaho), by virtue of the power vested in me by the City Council, hereby command you to execute the said Order of the City Council, by taking into custody and bringing to the meeting of the City Council at                               on the       day of                , 20     , said above named Council Members who are so absent without leave; hereof fail not, and make due return in what manner you executed the same.
In Witness Whereof, I have hereunto set my hand this        day of             , 20      .
                                       
         Mayor
         President of Council.
ATTEST:
                                 
   Clerk
(Prior code § 1-11-7)
2.04.080: ABSENT WITHOUT LEAVE; FORFEITURE OF SALARY:
Whenever a council member who, without reasonable cause, absents himself from a regular or special meeting of the council without first having obtained leave of absence from the mayor or president of the council, although the council member may have been subsequently compelled to attend by virtue of section 2.04.070 of this chapter, such council member shall forfeit one-half (1/2) of the salary that he receives each month for services performed by him as a council member. (Prior code § 1-11-8)
2.04.090: PUBLIC HEARING RULES OF PROCEDURE:
The following rules are hereby established, shall be observed in the conduct of any public hearing before the city council of the city of Payette and shall be known as the "Payette rules of procedure".
PRP 1: No person shall be permitted to testify or speak before the city council at a public hearing unless such person has signed his name and written his residential address thereafter on signup sheets to be provided by the city. This rule shall not apply to staff or technical witnesses directed by the mayor to give evidence or information to the city council.
PRP 2: No person shall be permitted to speak before the city council at a public hearing until such person has been recognized by the mayor.
PRP 3: All public hearing proceedings shall be recorded electronically or stenographically and all persons speaking at such public hearings shall speak before a microphone in such a manner as will assure that the recorded testimony or remarks will be accurate and trustworthy.
PRP 4: At the commencement of the public hearing the city council may establish a time limit to be observed by all speakers. If a time limit is established, it shall be done on the basis of the number of speakers who sign up for each public hearing and shall apply only to the speaker's comments.
PRP 5: The speaker shall not be interrupted by members of the city council until his time limit has been expended or until he has finished his statement.
PRP 6: At the conclusion of a speaker's comments, each city councilman, when recognized by the mayor, shall be allowed to question the speaker and the speaker shall be limited to answers to the questions asked. The question and answer period shall not be included in the speaker's time limit, as established.
PRP 7: When the public hearing is quasi-judicial in nature or one after which the city council is required by law to make findings of fact, each speaker must swear or affirm that his testimony will be true and correct.
PRP 8: Any person not conforming to any of the above rules may be prohibited from speaking during the public hearing. Should any person refuse to comply with such prohibition, he may be removed from the room by order of the mayor.
PRP 9: The city council may suspend or amend any one or more of these rules by vote of one-half (1/2) plus one of the full city council.
PRP 10: The mayor shall have the authority to interpret and apply the foregoing rules, subject to an appeal to the city council, whose decision shall be determined by a majority vote of the council members present. (Ord. 937 § 1, 1982)
2.04.100: CONFLICT OF INTEREST:
   A.   Neither the mayor nor any council member may participate in any matter in which they may have a conflict of interest, either by voting or by discussion, unless they have first disclosed the conflict and have been requested to participate in the issue by a majority vote of the members of the council not having a conflict.
   B.   Nothing herein shall prevent the council from asking questions of any person who has declared a conflict of interest nor prevent the council from releasing the mayor or a council member from a conflict by a majority vote of nonconflicted members and allowing them to participate without any restrictions.
   C.   Any person who shall violate this chapter shall be guilty of a misdemeanor, punishable in accordance with the general misdemeanor statutes of the state of Idaho. A violation of this section shall not render a decision made by the council void, voidable or unenforceable, unless a change in the conflicted member(s) or mayor's vote would alter the outcome of a decision.
   D.   The definitions of Idaho Code section 59-703 are adopted by reference. This section shall have no effect upon the rules regarding conflict of interest in zoning matters which are settled by section 67-6506, Idaho Code. (Ord. 1111 § 1, 1995)