HomeMy WebLinkAbout0185 General Crime Code 1977ORDINANCE NO. i]~5 :' ~
AN ORDINANCE OF THE CITY OF CHUBBUCK, IDAHO, ESTABLISHING
A GENERAL CRIMINAL CODE; PROVIDING A SHORT TITLE FOR
THIS ORDINANCE; PROHIBITING INDIVIDUAL CONDUCT RELATING
TO AIDING IN MISDEMEANORS, OBSTRUCTING OR DEPOSITING
MATERIAL ON THOROUGHFARES, ESCAPE, OFFENSIVE SUBSTANCES
IN PUBLIC PLACES, FALSE REPRESENTATION, AVOIDANCE OF
ADMISSION FEES, GIVING ASSISTANCE TO POLICE OFFICERS,
LOITERING OR PROI~ING, INTERFERENCE WITH PERFO~RJvtANCE OF
DUTY BY AN OFFICER, TRESPASSING, VAGRANCY, CONCEALING
OR FALSELY REPORTING INFO~TION TO AN OFFICER, CON-
SUMPTION OF BEER, WINE AND INTOXICATING LIDUOR IN
PUBLIC PLACES, LITTER AND DIRT, CURFEW FOR JUVENILES, AND
PROJECTILE OR EXPLOSIVE WEAPONS; REGULATING USES OF
PROPERTY BY EN~RATING GENERAL NUISANCES, PROVIDING
FOR RESPONSIBILITY AND ABATEMENT, PROHIBITING INTERFERENCE
WITH REMOVAL, ABATEMENT OR DESTRUCTION OF NUISANCES,
AND SPECIFYING SPECIAL NUISANCES; REGULATING VEHICULAR
AND PEDESTRIAN T~&FFIC BY DEFINING VEHICLES, REGULATING
THE PARKING OF VEHICLES, AUTHORIZING CONTROL OF TRAFFIC
BY MEANS OF POLICE OFFICERS OR OFFICIAL TRAFFIC CONTROL
DEVICES, LIMITING PROCESSIONS OR ASSEMBLAGES UPON
PUBLIC THOROUGHFARES, ESTABLISHING SPEED LIMITS FOR
VEHICLES ON PUBLIC THOROUGHFARES, PROHIBITING THE
OPERATION OF ANY VEHICLES ON PUBLIC PROPERTY OTHER THAN
THOROUGHFARES OR ON PRIVATE PROPERTY WITHOUT PERMISSION, AND
PROVIDING FOR IMPOUNDMENT OF VEHICLES; CONTROLLING
.ANIMALS WITHIN THE CITY BY PROVIDING FOR LICENSING OF DOGS,
REGULATING THE PRESENCE OF ANIMALS IN PUBLIC PLACES OR
UPON PRIVATE PROPERTIES, PROVIDING FOR ABATEMENT OF
ANIMAL NUISANCES, !AND PRESCRIBING THE LOCATIONS AND FACILITIES
IN WHICH ANIMALS DEFINED AS "LIVESTOCK" MAY BE KEPT;
PROVIDING FOR THE SEVERABILITY OF THE PROVISIONS OF THIS
ORDINANCE; REPEALING PRIOR CONFLICTING ORDINANCES; AND
PROVIDING WHEN THIS ORDINANCE SHALL BECOME EFFECTIVE.
BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF
CHUBBUCK, IDAHO:
SECTION 1: Short Title. This ordinance shall be known
and may be cited as the "Chubbuck Criminal Code."
SECTION 2: Individual Conduct.
A. Aiding in Misdemeanors. Whenever individual
conduct, consisting of~an act or of intentional failure to
perform a required act, is declared by ordinance to be a
misdemeanor, then every person who counsels, aids, solicits,
or incites another in such conduct shall be deemed guilty of
a misdemeanor.
B. Obs~.ructing or Depositing Materia.!~?n T.~?roughfares.
It shall be unlawful and punishable as a misdemeanor for any
person to remain or place himself, or to deposit or allow to
remain any object or material, in a manner that impedes or
is injurious to vehicles or persons, in or upon any public
thoroughfare, including any street, highway, vehicular way,
pedestrian way or other thoroughfare. It shall further be
unlawful and punishable as a misdemeanor for any person to
place or allow to be placed any implement, or to enrage in
any activity, that causes water, dust or other matter to
interfere with the safe operation of any vehicle upon such
thoroughfare. No person shall be convicted of an offense
under this section unless a police officer has requested him
to remove himself or the material, object or implement in
question, or to discontinue the offending activity, and
said person fails to comply immediately with the request.
C. E$cape~. It shall be unlawful and punishable
as a misdemeanor for any person who is under arrest or
otherwise in lawful custody, and who is charged with violation
of any ordinance of the City of Chubbuck or of the laws of
the State of Idaho, to escape or attempt to escape from
custody.
D. Offensive Substances in Public Places. It
shall be unlawful and punishable as a misdemeanor for any
person to expectorate, spit, urinate, defecate or otherwise
deposit human waste or other substance offensive to the
senses upon any street, highway, vehicular way, pedestrian
way or other thoroughfare open to the public, or in any
public park, church, or other building or place open to the
public.
E. False Representation. It shall be unlawful
and punishable as a misdemeanor for any person falsely to
represent himself to be an officer of the City of Chubbuck,
to attempt to impersonate any such officer, or to oerform
any official act on behalf of such officer without authority.
F. Avoidance of Admission Fees. It shall be
unlawful and punishable as a misdemeanor for any person
fraudulently to enter, without payment of the proper admission
fee, any theatre, athletic field or facility, exhibition
hall, place of entertainment, or any other location where
admission fees are charged.
G. Giving Assistance to Police Officers. Any
police officer is hereby empowered to call to his aid in
suppression of a riot or other tumultuous and unlawful
assemblage, or when necessary to effect an arrest of any
person who has committed an offense in the presence of an
officer or for whose arrest such officer holds a warrant
issued by a court of competent jurisdiction, any number of
citizens over the age of majority that he may deem necessary;
and it shall be unlawful and punishable as a misdemeanor for
any such person when called to refuse or neglect to render
such assistance of which said person is physically capable.
H. Loitering or Prowling. It shall be unlawful
for any person to loiter or to prowl in a place at a time or
in a manner which, under the circumstances, warrants alarm
for the safety of persons or property in the vicinity.
Among the circumstances which may be considered in determinin~
whether such alarm is warranted are flight upon appearance
of a police officer, refusal to identify one's self, or
manifest efforts to conceal one's self or any object.
Unless flight by the actor or other circumstances make it
impracticable, a police officer shall, prior to any arrest
for an offense under this section, afford the actor an
opportunity to dispel any alarm which would otherwise be
warranted, by requesting him to identify himself and to
explain his presence and conduct. No person shall be convicted
of an offense under this section if the peace officer did
not comply with the preceding provision, or if it appears at
trial that the explanation given by the actor was true and,
if believed by the police officer at the time, would have
dispelled the alarm.
I. Interference with Performance of Duty by
an Officer. It shall be unlawful and punishable as a misdemeanor
for any person to interfere with the performance of duty by
a police officer or other officer of the City of Chubbuck
(1) by physically resisting, delaying or obstructing such
officer in the discharge of his duty, (2) threatening harm
or otherwise attempting to intimidate such officer during
the discharge of his duty, or (3) by soliciting or encouragin~
others to interfere with such officer in the discharge of
his duty as provided in clauses (1) or (2) herein.
J. Trespassing. It shall be unlawful and punishable
as a misdemeanor for any person to take down any fence or to
let down any bar, to open any gates so as to expose any
enclosure, or to ride, walk, drive, lodge, camp, sleep or
engage in any other activity in or on the property of another
without the consent of the owner, occupant or person in
charge thereof. Without limiting the generality of the
foregoing, this prohibition shall apply specifically to any
of the enumerated activities conducted upon the property of
another, where such activity occurs within an easement which
does not expressly grant to the general public the right
to engage in such activities upon the property.
K. Va r__~. It shall be unlawful and punishable
as a misdemeanor for any person (1) to wander abroad and to
occupy, lodge or sleep in any vacant or unoccupied barn,
garage, shed, shop, or other building or structure, or in
any automobile, truck, railroad car or other vehicle without
owning the same or without permission of the owner, occupant
or person in charge thereof, or (2) to wander abroad and to
go from door to door of residential homes or of commercial
-4 -
or industrial establishments, or to place himself upon any
public way or place open to the general public, for the
purpose of begging or receiving alms for himself.
L. concealing or' Falsely RepOrtin~ Information
to an Officer. It shall be unlawful and punishable as a
misdemeanor for any person knowingly and intentionally to
conceal or withhold knowledge of the commission of, or
attempt to commit, any felony or misdemeanor in the City of
Chubbuck; and it shall further be unlawful and punishable
as a misdemeanor for any person willfully and intentionally
to give false information to any police officer or other
officer in the City of Chubbuck in the discharge of his duty.
M. ConsUmption ~of Beer, Wine and IntOXicating
Liquor in Public Places. It shall be unlawful and punishable
as a misdemeanor for any person to consum beer, wine, or
intoxicating liquor while traveling upon any street, highway,
vehicular way, pedestrian way, or other thoroughfare open to
the public, or in any park, building or other place open to
the public, unless the sale or serving of such beverages is
allowed by law at such location; provided, however, that the
City Council may by resolutions authorize the Chief of Police
to designate and post certain areas of public parks within
the City of Chubbuck where such beverages may be consumed.
N. Litter and Dirt. It shall be unlawful and
punishable as a misdemeanor for any person willfully or negli-
gently to cause or to allow to be placed, blown or otherwise
deposited upon any street, highway, vehicular way, pedestrian
way, or other thoroughfare open to the public, or upon or along
any public property or private property of another, except in
containers specifically provided therefor, any debris, paper,
litter, glass, can, nail, tack, wire, trash or grabage,
lighted material, dirt or other waste substance.
O. Curfew.
(1). It shall be unlawful for any minor to go
or to remain upon any pedestrian or vehicular thoroughfare,
public place or other premises open to the public, or to
operate or to ride in a vehicle at any such location, between
the hours of 10:30 p.m. and 5:00 a.m. in the case of minors
under the age of sixteen (16) years, or between the hours of
12:00 midnight and 5:00 a.m. in the case of minors sixteen
(16) years of age or older.
(2). This prohibition shall not apply to (a)
a minor accompanied by his or her parent, guardian or other
adult person having care and custody of said minor, (b) a
minor upon an emergency errand or legitimate business directed
or authorized by his or her parent, guardian, or other adult
person having the care and custody of said minor, (c) a
minor participating in a lawful youth group activity of
which the Chief of Police has been notified, or (d) a minor
who is lawfully married or who is a member of the Armed
Forces of the United States on active duty or on authorized
leave from active duty.
(3). Any law enforcement officer finding a
minor in apparent violation of this curfew restriction shall
ascertain the name and address of the minor, warn the minor
that he or she is in violation of curfew and direct the
minor to proceed at once to his or her home or usual place
of abode. The officer shall also cause such action to be
reported to the minor's parents, guardian, or Derson having
custody or control. If the minor refuses to heed such
direction by the officer, or refuses to disclose his or her
correct name and address, or if the minor has been advised
on any previous occasion that he or she is in violation of
curfew, the minor shall be taken to the office of the city
police department and the parent, guardian, or other adult
- 6 -
person having care and custody of the minor shall be requested
to come and take charge of the minor. If the parent, guardian,
or other adult person cannot be located or fails to come and
take charge, or if such parent, guardian, or adult person
has been requested to come and take charge on one or more
previous occasions, a petition may be filed in a court of
competent jurisdiction under the Youth Rehabilitation Act
or the Child Protective Act of the State of Idaho, as appro-
priate to the circumstancesl
P. Projectile or EXplosive Weapons. It shall be
unlawful and punishable as a misdemeanor for any person to
discharge any instrument that propels shot, bullets, shells,
or other projectiles or harmful substances, by the action of
gun powder, compressed air, springs, elastic materials, or
explosive matter, within the corporate boundaries of the
City. Provided, however, that this prohibition shall not
apply to supervised activities within a shooting gallery
located at a regularly established and licensed place of
business, to the conduct of a law enforcement officer in the
proper performance of his duty, or to any citizen in the
lawful defense of person or property.
SECTION 3: USes of PropertZ.
A. Enumeration of General Nuisances. It shall be
unlawful and punishable as a misdemeanor for any person to
create a nuisance by conduct with respect to property, or to
maintain or permit the existence of a nuisance due to the
condition of property. The following forms of conduct with
respect to property, and conditions of property, are hereby
declared to be public nuisances:
(1). Conduct with Respect to Property:
(a). The burning of any hair, leather,
rags, or other substances of any kind which produce a
- 7 -
smell, smoke or odor that annoys or is offensive to persons
living in the vicinity or to persons on any nearby pedestrian
or vehicular thoroughfare.
(b). The drawing or writing of any
indecent, profane, or offensive words, pictures or caricatures
upon property located on public premises or on premises open
to the public.
(2). Conditions of Property:
(a). Appearance on property, located on
pedestrian and vehicular thoroughfares or premises open to
the public, of indecent, orofane, or offensive words, pictures
or caricatures.
(b). Holes, vaults, or cellars which
are open and unprotected, or from which grates are missing,
located upon or near pedestrian and vehicular thoroughfares
or premises open to the public.
(c). All cellars, vaults, drains, pools,
cesspools, privies, sewers, yards, grounds or premises which
for any cause have become foul, nauseous, or a menace to
health, or which give forth odors which are offensive to oersons
on adjacent properties or to persons on nearby pedestrian or
vehicular thoroughfares.
(d). All carcasses, decaying flesh, fish,
fowl, or vegetables, all deposits of manure or other unwhole-
some substances, and all filthy or offensive water or slops,
adjacent or in close proximity to private grounds of another,
pedestrian or vehicular thoroughfares or other premises open
to the public.
(e). Any junk items kept adjacent or in
close proximity to private grounds of another, pedestrian or
vehicular thoroughfares, or premises open to the oublic, unless
such items comprise the inventory or materials necessary to
the operation of a commercial or industrial enterprise located
- 8 -
in a zone where such business is permitted, or unless such
items are enclosed within a solid structure or other sufficient
visual screen. "Junk items" shall include, without limitation,
inoperative appliances or fixtures, dismantled or discarded
furniture or equipment, scrap metal or lumber, ropes, rubber,
glass, rags, paper or bagging, and other salvage or refuse
articles.
(f). Any building that is structurally
unsound, abandoned, deteriorated, or which has become, as to
itself or as to its contents, a fire hazard or menace to the
public health.
(g) Any signs, structures, vegetation or
other objects that obstruct the vision of motorists or pedestrians
traveling along, entering, or exiting from any street, highway,
vehicular way, pedestrian way or other public thoroughfare, and
constitute a traffic safety hazard. Provided, that this subsection
shall not apply to duly authorized traffic control devices or to
items'situated as otherwise specifically permitted by law.
B. Responsibility and Abatement.
(1). It shall be the duty of the owner and of
any lessee, manager, or person in charge of any lot, building,
property or premises, upon or with respect to which any nuisance
exists or has been created, to remove, abate, or to destroy the
nuisance without delay.
(2). The Mayor of the City, any member of the
police department, or any other officer of the City designated
by the Mayor, may give notice in writing that a nuisance be
removed, abated, or destroyed within a period not less than
ten (10) days. Such notice shall be served upon the responsible
parties by certified mail to their last known addresses, and
by posting a copy in a prominent place upon premises at or near
the location where the nuisance exists. Such notice shall
state that any one of the responsible parties may, within ten
days following posting and/or mailing, submit a written request
for review by the City Council. If such request is submitted, the
City Council shall conduct a hearing upon the matter at its
next regularly scheduled meeting, and the Council shall decide
whether the notice should be modified, withdrawn or enforced
as written.
(3). In the event of noncompliance with a
directive that has not been modified or withdrawn, the Council
may adopt a resolution finding that a nuisance has been
created or has been permitted to exist, that there has been a
failure of compliance with a notice to remove, abate, or
destroy the nuisance, and that action by the City is required
to protect the public health, safety and welfare in the area
affected by the nuisance. Following adoption of such a
resolution, the Mayor may direct that employees of the City,
or the City's contractors or agents, go upon the premises in
question and remove, abate or destroy the nuisance. The City
shall be entitled to recover its expense by civil action filed
in a court of competent jurisdiction, together with costs and
a reasonable attorney's fee. The expense may also be certified
to the City Clerk and transmitted to the County Treasurer, and
be collected by special assessment upon the property to the
extent provided by law. If the certificate is recorded at the
office of the Bannock County Recorder, it shall become a lien
against the property to the extent provided by law.
C. Interference with Removal, Abatement, or
Destruction of Nuisance. It shall be unlawful and punishable
as a misdemeanor for any person to interfere with, hinder or
refuse to allow any authorized city officer, employee, con-
tractor or agent to enter upon private or public property for
the purpose of enforcing the provisions of this ordinance.
D. Special Nuisances. Notwithstanding the foregoing
provisions relating to generally enumerated nuisances, prior
ordinances of the City governing nuisances created by weeds
or by inoperative motor vehicles, and future ordinances of the
City governing other specific nuisances, shall be in full force
and effect and shall exclusively control their subject matter.
SECTION 4: Traffic Control.
A. 'Definition' of Vehicle. "Vehicle" shall mean any
mechanical device which is self-propelled and/or designed to
- 10 -
travel along the ground, on water or through the air, including,
but not limited to, aircraft, water craft, automobiles, buses,
motor bikes, motorcycles, motor scooters, mo-peds, bicycles,
and other devices propelled by the effort of the operator, trucks,
motor homes, tractors, go-carts, and golf carts.
B. Parking of~ Vehicles. It shall be unlawful and
punishable as a misdemeanor for any owner or operator of a
vehicle to cause or allow a violation of the following regulations:
(1). No vehicle shall at any time be parked
upon any public thoroughfare, including any street, highway,
vehicular way, pedestrian way, or other thoroughfare, in such
a manner as to prevent the free and uninterrupted use of the
thoroughfare by other vehicles and pedestrians, or of any
driveway belonging to or rightfully used by any person other
than the person to whom the vehicle belongs.
(2). No vehicle of any type on which any
dimension is greater than eight feet in width, twenty-one
feet six inches in length, or nine feet in height, shall be
parked longer than one hour upon any public thoroughfare,
including any street, highway, vehicular way, pedestrian way
or other thoroughfare.
(3). No van, trailer, tractor or other vehicle
having a gross capacity greater than six (6) tons shall be
parked longer than two hours at any location within a resi-
dential zone of the City, as provided by ordinance, unless
(a) such parking is for a temporary, non-recurring purpose, or
(b) such location is a commercial or industrial enterprise which
is subject to a lawful variance from the provisions of the zoning
ordinance, or which represents a valid pre-existing use under
the ordinance.
(4). The City Council may by resolution authorize
the Chief of Police to cause lines, markings or barricades to
be placed upon public vehicular thoroughfares or parking lots,
or upon the curbs adjoining such thoroughfares or lots, to
designate prohibited and permitted parking spaces, and to regulate
- 11
ingress and egress to and from such thoroughfares and lots.
No vehicle shall be parked in violation of such duly painted
or placed lines, markings, or barricades; nor shall any vehicle
be parked within the moving traffic areas of a vehicular
thoroughfare or parking !lot, or at a distance greater than
eighteen inches from the curb of any such thoroughfare.
C. The City Council may by resolution authorize
the Chief of Police to obtain and to place along the rights-of-
way of vehicular thoroughfares official traffic control signs
and devices, which shall conform to standards prescribed by
the Idaho Code. Without limitation, such devices shall include
stop signs located at the intersection of any vehicular
thoroughfare with the following streets: Yellowstone Avenue,
East and West Chubbuck Roads, Hawthorne Road, Hiline Road,
Syphon Road, and Whitaker Road. No person operating a vehicle
shall violate the commands given, or to fail to heed the warnings
provided, by such duly authorized signs and devices.
D. ProcesSions or Assemblages. Notwithstanding
any other provision of this criminal code, relating to
obstruction of public thoroughfares, a procession or assemblage
upon such thoroughfares, including strees, highways, vehicular
ways, pedestrian ways, or other thoroughfares, may be conducted
if application has been made to, and a written permit issued
by, the Chief of Police. In considering any such application,
the Chief of Police shall evaluate the problems of traffic
control and police protection of persons and property. The
Chief of Police may prescribe, by the terms of any permit,
reasonable limitations upon the size, route, or nature of
the procession or assemblage in order to protect the public
health, safety and welfare.
E. '~Speed Limits.
(1). The Mayor and Council find and therefore
declare as a matter of public policy that the health, safety
and welfare of the inhabitants of the City, as well as of
persons visiting the City, require that reasonable limits be
imposed upon the speed.at which vehicles may be operated.
- 12 -
within the City. In recognition of the need to impose
reasonable speed limits, the Mayor and Council have charged
the City's Traffic, Safety and Beautification Committee
(later re-named the Municipal Improvements and Services
Advisory Board) to conduct traffic surveys, to consult with
City Engineer, to obtain the assistance of the Idaho Department
of Transportation, and to recommend reasonable speed limits
for the City. The Committee having conducted its study and
having presented its findings in public meeting before the
Mayor and Council, and the Mayor and Council having considered
such findings, together with public comment thereon as the
basis for establishing particular limits set forth below,
the following limitations are hereby adopted.
(2). It shall be unlawful and punishable as
a misdemeanor for any person to operate a vehicle upon any
public thoroughfare, including any street, highway, vehicular
way, or other thoroughfare, at a speed greater than is
reasonable and prudent under the conditions and having regard
to the actual and potential hazards then existing. In every
event, speed shall be so controlled as mav be necessary to
avoid colliding with any person, vehicle or other conveyance
on or entering the thoroughfare in compliance with legal
requirements and the duty of all persons to use due care. Where
no special hazard exists that requires lower speed for the purpose
of compliance with this subparagraph, the speed of any vehicle
not in excess of the limits soecified below shall be lawful,
but any speed in excess of such limits shall be prima facie
evidence that the speed is not reasonable or prudent and that
it is unlawful.
(a) o Thirty-five (35) miles Der hour or
such other limit as the Idaho Department of Transportation (or
its successor agency) may establish, upon any thoroughfare
within the City which is part of the highway system maintained
by the Idaho Department of Transportation (or its successor
agency).
- 13 -
(b). Thirty-five (35) miles per hour on
Poleline Road as it extends from the intersection with
Yellowstone Avenue to the southerly boundary of the City.
(c). Thirty (30) miles per hour on
thoroughfares which are designated herein as "arterial
thoroughfares." "Arterial thoroughfares" are East and West
Chubbuck Roads, Hawthorne Road, Hiline Road, and Syphon Road.
(d). Twentv (20) miles per hour on all
thoroughfares not otherwise classified above.
(4). The Chief of Police is authorized to
post or cause to be posted the foregoing speed limits upon
thoroughfares within the City, consistent with the standards for
traffic control devices prescribed by the Idaho Code.
F. Limitation Upon Operation of Vehicles. It shall
be unlawful and punishable as a misdemeanor for any person to
operate any type of vehicle upon any public property other than
vehicular thoroughfares or parking lots, or to operate a
vehicle upon the private property of a person other than the person
to whom the vehicle belongs, without permission.
G. Impoundment of Vehicles. A police officer of the
City may impound a vehicle, by causing it to be towed to a
secure place and stored there until claimed, if (1) it is
parked or located in violation of this ordinance or its operator
has for any reason been rendered incapacitated or unavailable
to take charge of it, and (2) the vehicle represents a traffic
hazard or is endangered bv potential theft or vandalism unless
moved. The police officer shall make reasonable inquiry under
the circumstances as to the availability of any person to move
the vehicle with the owner's consent. If such person cannot
reasonably be identified or located, the police officer may
order impoundment by a reputable commercial towing and storage
service. Such service shall be summoned on a non-discriminatory
basis, unless the owner or operator specifies a particular
- 14 -
service. The service shall be entitled to charge and collect
from the owner of the vehicle reasonable fees for towing and/or
storage. This section shall not limit the authority of police
officers to impound vehicles incident to search and seizure, or
as otherwise permitted by law.
SECTION 5: Animal Control.
A. Lic'ensing of Dog~. It shall be unlawful and
punishable as a misdemeanor for any person to own, harbor,
keep or possess a dog over the age of four (4) months within
the City without complying with the license provisions herein.
Applications shall be made in writing to the City Clerk, in
a form prescribed by the Clerk; and licenses shall be issued
on a calendar year basis upon payment of the following fees:
for each dog certified by a licensed veterinarian as neutered
or spayed, $3.00 per year or fraction thereof; for each dog
not so certified, $5.00 per year or fraction thereof; and for
each dog in excess of two at any single premises, $10.00 per
such additional dog whether or not neutered or spayed. Provided,
however, that when any dog shall be temporarily in the City, for
a period less than thirty days, the owner or person having charge
of the dog may obtain a temporary license at no cost. A
license tag shall be issued with each license, and such tag
shall be securely attached to a substantial, durable collar
that the dog shall wear at all times.
B. Animals in Public Places or on Private Property.
Except as provided herein, it shall be unlawful and punishable
as a misdemeanor for any person to cause or allow a dog or
animal classified as "livestock" below, which he owns or of
which he has charge, to be found upon any public thoroughfare,
public park, or other public place, or upon the private property
of another without permission. Provided, however, that dogs
controlled by leashes not exceeding fifteen feet in length
are permitted in public places; and prbvided, further, that the
City Council by resolution may authorize the Chief of Police to
- 15 -
public thoroughfares or areas of public parks or other public
places where the riding of horses or equine is allowed.
C. Animal NUisances.
(1). An animal nuisance is created by any
animal (a) which has been found to be running at large, (b)
which is not licensed if licensure is required herein, (c) which
creates noise disturbing 'the peace and quiet of the surrounding
neighborhood, (d) which has caused property damage or personal
injury of any kind other than to the owner or the owner's property,
or (e) which is diseased or has a vicious nature and is not or
cannot be secured by the owner to prevent spread of disease,
infliction of property damage or personal injury.
(2). When an animal nuisance is found to
exist in categories (a), (b) and (c) above, the Chief of Police
or his designee shall deliver or send by first class mail a
written warning to the owner or person having charge of the
animal in question, if known, directing him to abate the
nuisance. If the animal in question continues to represent~
an animal nuisance, or if the animal constitutes an animal
nuisance in categories (d) or (e) above, the Chief of Police
or his designee may seize and impound the animal, giving
written notice of such action to the owner or person having
charge of the animal in question, by personal delivery or
first class mail. It shall be unlawful and punishable as a
misdemeanor for any person to own, harbor, keep or possess an
animal which constitutes a continued animal nuisance in
category (a), (b) or (c), or which constitutes an animal
nuisance under category (c) or (e).
(3). The Chief of Police or his designee may
dispose of an impounded animal after five or more days have
elapsed following notice of impoundment. An animal may be
claimed prior to disposition upon payment of a fee of $15.00 for
the first confinement or $20.00 for any second or subsequent
confinement of the same animal, plus the actual cost of care
and custody of the animal, as reasonably determined by the Chief
- 16 -
of Police. ~en the time period herein has expired without
claim or without payment of the prescribed fee, the Chief of
Police or his designee may dispose of the animal (1) by
delivering it to any person who will pay the fee, together
with necessary licensing costs, if any; or (2) destroying the
animal in a humane fashion. All impoundment fees or license
fees required for claiming an impounded animal shall be paid to
the Chubbuck City Treasurer. Failure to give notice as set forth
above shall not prevent disposition of any impounded animal
if the Chief of Police or his designee is unable, following
inquiry, to ascertain the name or location of the owner or
person having charge of the animal.
(4). Notwithstanding the provisions of the
foregoing subparagraph, an animal shall not be destroyed if its
owner, or other person seeking to claim it, files with the City
Clerk a written request that such destruction be postponed
pending review by the City Council at its next regular meeting.
Such written request shall be accompanied by payment in the
amount which would be required by the time of the meeting in
order to claim the animal as provided above. When such request
and payment have been made, the animal shall not be destroyed
pending a hearing by the City Council. When the hearing is
conducted, the person making the request must appear and show
good cause why he should be allowed to claim the animal and
how he will care for it in order to prevent it from continuing
to constitute an animal nuisance. Following the hearing, the
City Council shall determine whether or not the animal should
be destroyed. If the Council approves destruction, the animal
shall be destroyed in a humane fashion and the payment made by
the part~ requesting the hearing shall be retained by the City
to defray its costs of impounding the animal pending the hearing.
If the Council decides that the animal should not be destroyed,
the animal shall be released from impoundment upon such terms
as the Council may reasonably impose; and the payment made by
- 17 -
the person requesting the hearing shall be retained as the
fee for claiming the animal.
(5). The Mayor is hereby authorized to provide
for the creation and maintenance of a facility capable of
providing animal impoundment services. In addition, or in
the alternative, with the concurrence of a majority of the
Council, the Mayor may enter on behalf of the City into an
intergovernmental agreement with any other public entity
for the provision of such services.
D. Location and Facilities ~for Livestock.
(!). It shall be unlawful and punishable as
a misdemeanor for any person to own, harbor, keep or possess
any animal with the City except household pets and "livestock".
"Livestock" are defined to consist of cows, inclusive of all
bovine; sheep, inclusive of all ovine; goats, inclusive of
all caprine; horses, inclusive of all equine; rabbits; and
fowl, inclusive of all turkeys, chickens, ducks, geese and
pigeons. It shall further be unlawful and punishable as a
misdemeanor for any person owning, harboring, keeping or
possessing any such "livestock" to fail to comply with the
regulations set forth below.
(2). Livestock shall comprise "animal units"
as follows: cows and horses, one unit each but one-half unit
if less than one year of age; sheep and goats, one-half unit
each, but one-fourth unit if less than one year of age; rabbits
and fowl, one unit for twenty-five of any species or combination
thereof.
(3). The following minimum facilities standards
- 18 -
shall be maintained:
(a). No animal shall be allowed on any
property of less than 15,000 square feet.
(b). Not more than one animal unit shall
be kept on any property consisting of 15,000 to 20,000
square feet; provided, however, that the animal unit shall be
enclosed in a pen or corral containing at least 800 square
feet.
(c). For each 10,000 feet of property
area in excess of 20,000 square feet, one additional animal unit
may be kept; provided, however, that each said animal unit shall
be enclosed in a pen or corral containing at least 800 square
feet per animal unit.
(4). Notwithstanding the foregoing provisions,
no livestock shall be kept on property not zoned by ordinance
for livestock, nor on property less than one-half acre in area,
if such property has been subdivided after September, 1972.
A preceding ordinance having provided for phase-out of non-conforming
animals over a period of one year from September, 1972, there
shall be no further phase-out period under this code.
(5). All pens or corrals required above, and
all sheds, stables, coops, or other structures used for keeping
animals, shall be located not less than fifty feet from any
structure used for human habitation. Fences or pens, corrals
or similar enclosures must be of sufficient height and strength
to retain the animals. Ail structures, including sheds,
corrals, and stables, shall be constructed and maintained in a
manner consistent with the structures located on surrounding
properties. Standings under roofed stables or sheds, and pens
or corrals, shall be provided with proper drainage and shall not
create offensive odors, fly breeding or other nuisances.
(6). The foregoing standards shall not apply to
animals being treated or kept at a duly licensed veterinary
hospital or commercial kennel, nor shall they apply to special
and temporary events such as rodeos and livestock expositions.
- 19 -
(7). Compliance with all animal control
regulations set forth above shall be the joint and several
obligation of the owner of property where the animal in question
is located and of the owner or person having charRe of the
animal.
SECTION 6: Severabilitv. In the event that any section
or provision of this ordinance should be held invalid by any
court of competent jurisdiction, such holding shall not affect
the validity of the remaining sections or provisions.
SECTION 7: RepeaI. All orior ordinances of the City of
Chubbuck, Idaho, which irreconcilably conflict with this
ordinance, are hereby repealed to the extent of such irrecon-
cilable conflict.
SECTION 8: Effective Date. The rule requiring ordinances
to be read on three separate occasions is hereby dispensed with,
and this ordinance shall become effective upon its passage,
approval and publication as provided by law.
PASSED BY THE CITY COUNCIL AND APPROVED BY THE MAYOR of
the City of c'hubbuck, Idaho, this /~ day of ~7~z~z~ ~ ,
1977.
ATTEST:
Ma.~or '
City Clerk
- 20 -