Chapter 4

General Penalty

1-4-1: Misdemeanor Penalty


A. Violations Declared Misdemeanor: The violation of any ordinance of the City, or any section of this Code, is hereby declared to constitute a misdemeanor and punishable as such, unless otherwise provided. (1952 Code § 1-03-01)


B. Penalty For Misdemeanor Violation: Except in cases where a different punishment is prescribed by ordinance, every public offense and every unlawful act declared by ordinance to be a misdemeanor is punishable by a fine not exceeding one thousand dollars ($1,000.00) or imprisonment in the County Jail not exceeding six (6) months, or by both such fine and imprisonment. (1952 Code § 1-03-02; amd. 2019 Code)

1-4-2: Infraction Penalty


A. Fine Specified: Except in cases where a different punishment is prescribed by ordinance, every public offense and every unlawful act declared by ordinance to be an infraction is punishable by a fine not exceeding one hundred dollars ($100.00), plus court costs and fees. (1952 Code § 1-03-03; amd. 2019 Code)


B. Failure To Appear On Citation Or Summons: If the defendant fails to appear before the Clerk at or before the time stated in an infraction citation or summons, the court shall enter default judgment against the defendant for the infraction as provided by law without giving further notice to the defendant.


C. Failure To Appear After First Appearance: If a defendant fails to appear at the time fixed by a trial date notice or continuance notice served on the defendant as provided by law, the court shall enter default judgment against the defendant for the infraction without giving further notice to the defendant. (1952 Code § 1-03-03)


D. Notice Of Default Judgment: If a default judgment is entered against a defendant for an infraction pursuant to law, the Clerk shall mail a notice of judgment to the defendant at the address stated in the citation advising the defendant that the defendant must pay the judgment by a date certain which shall not be less than fourteen (14) days after the date of the notice. For a traffic infraction, notice shall state that failure to pay the judgment will result in suspension of his driver's license, in accordance with Idaho Code section 49-1505. (1952 Code § 1-03-03; amd. 2019 Code)

1-4-3: Failure To Obey Citation For Misdemeanor Or Infraction


A. Unlawful: It shall be unlawful for any person to fail to appear in court at the time promised on a misdemeanor or infraction citation, or to fail to appear at the time indicated on a misdemeanor or infraction citation served upon the defendant or to fail to appear at the time indicated on a misdemeanor or infraction summons served upon the defendant, regardless of the disposition of the charge upon which such citation or summons was originally issued.


B. Appearance By Counsel: The duty to appear in court at the time indicated in a misdemeanor or infraction citation or a summons may be complied with by an appearance by counsel in the manner prescribed by rule of the Supreme Court.


C. Misdemeanor: Violation of the provisions of this section shall be a misdemeanor. (1952 Code § 1-03-04)