HomeMy WebLinkAbout0172 Dog Nuisance 1976/'"72-,
AN ORDINANCE OF THE CITY OF CHUBBUCK, IDAHO, AMENDING
ORDINANCE NO. 109 OF THE CITY OF CHUBBUCK, IDAHO, BY
REPEALING IN THEIR ENTIRETY SECTIONS 6, 8 AND 10 THEREOF,
AND ENACTING IN SUBSTITUTION THEREFOR A NEW SECTION 6
DEFINING A "DOG NUISANCE" AND PROHIBITING IT AS A MIS-
DEMEANOR, A NEW SECTION 8 PROVIDING FOR IMPOUNDMENT OF
DOGS AND PRESCRIBING FEES RELATED TO IMPOUNDMENT, A NEW
SECTION 8A PROVIDING FOR DISPOSAL OF DOGS CONSTITUTING
REPEATED NUISANCES; AND A NEW SECTION 10 AUTHORIZING
THE MAYOR OF THE CITY TO CONTRACT FOR IMPOUNDMENT SERVICES
ON BEHALF OF THE CITY; REPEALING ALL PRIOR CONFLICTING
ORDINANCES: PROVIDING FOR THE SEVERABILITY OF PROVISIONS
OF THIS ORDINANCE: AND PROVIDING WHEN THIS ORDINANCE
SHALL BECOME EFFECTIVE.
BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF
CHUBBUCK, IDAHO:
Section 1: Repeal. Sections 6, 8 and 10 of Ordinance No.
109 of the City of ChUbbuck, Idaho, enacted on the 27th day
of June, 1972, are hereby repealed in their entirety.
Section 2: Substitution. In substitution for the sections
of Ordinance No. 109 repealed above, the following sections are
hereby enacted:
"Section 6. A dog nuisance is created by any dog
which has been found to be running at large, which has
caused property damage or personal injury of any kind
other than to the owner or the owner's property, which
has a vicious nature and is not or cannot be secured by
the owner to prevent infliction of property damage or
personal injury, or which howls or barks in a manner
disturbing the peace and quiet of the surrounding
neighborhood. When a dog nuisance is found to exist, the
Animal Control Officer appointed by the Mayor with the
concurrence of a majority of the City Council, or any
member of the Chubbuck City Police Department, shall in
person or by letter sent by certified mail warn the owner
of the dog in question to abate the nuisance. The
individual giving such warning shall keep a copy of the
letter, or put a note of the time and place of a warning
delivered in person, in his office file for future reference.
If the dog in question continues to constitute a dog
nuisance within the meaning of this section, the Animal
Control Officer or any member of the Chubbuck City Police
Department may seize and impound the dog, notifying the
owner of such action. A record of the notice shall be
kept in the same manner provided above for warnings. It
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shall be unlawful and punishable as a misdemeanor for
any person to keep or to harbor a dog which constitutes
a dog nuisance as defined herein, after warning has been
delivered as provided above."
"Section 8. The Animal Control Officer or other
person delegated by him with the concurrence of the Mayor,
shall impound any dog which is not licensed as required by
Section 4 above, which is running at large within the
meaning of Section 5 above, or which constitutes a dog
nuisance as defined in Section 6 above. Notice to the
owner of the dog shall be given in the manner prescribed
for warnings (and notices) in Section 6 above. The notice
shall inform the owner 0f the time period and terms on
which the 'dog may be claimed prior to disposition. The
Animal Control Officer or person delegated as provided above
may dispose of an impounded dog after five (5) or more days
have elapsed following notice of impoundment. A dog
may be claimed prior to disposition upon payment of
a fee of $15.00 for the first confinement of the animal and
$20.00 for the second or any subsequent confinement of
the same animal. When the time period herein set forth
has expired without claim or without payment of the
prescribed fee, the Animal Control Officer or his delegate
as provided above may dispose of the dog (1) by delivering
it to any person who will pay the impoundment fee, together
with necessary licensing costs, if any; or (2) destroying the
dog in a humane fashion. All impoundment fees or license
fees required for claiming an impounded dog shall be paid
to the Chubbuck City Treasurer. Failure to give notice as
set forth above shall not prevent disposition of any
impounded dog if the Animal Control Officer or his delegate
is unable, based upon information on file at the Chubbuck
City Offices or information affixed to a collar worn by
the dog, to ascertain the name or location of the owner."
"Section 8A: Disposal of Dogs Constituting Repeated
Nuisances. In lieu of the impoundment and claim procedures
set forth above, the Animal Control Officer or any police
officer of the City of Chubbuck may cause to be destroyed in
a humane fashion any dog which has been seized for
constituting a dog nuisance as defined above, and which has
previously been found to constitute a dog nuisance on one
or more other occasions. Provided, however, that prior to
disposal of the animal pursuant to this section, the Animal
Control Officer or police officer shall give written notice in
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the manner provided above to the owner, if the owner's
identity can be ascertained, stating that the dog will
be humanely destroyed on or after a specified date not
less than five (5) days after notice is given. On any
day prior to the date specified for disposition of the dog,
the owner or other interested person may file with the ChubbUck
City Clerk a request that destruction of the dog be post-
poned until the finding and decision of the Animal Control
Officer or police officer can be reviewed by the Chubbuck
City Council at its next regular meeting. Such written
request shall be accompanied by payment in the amount which
would be required in order to claim the dog as provided
elsewhere in this ordinance. When such request and payment
has been made, the dog in question shall not be destroyed
pending the hearing by the City Council. When the hearing
is conducted, the person requesting the hearing must appear
and show good cause why he should be allowed to claim the
dog and hOw he will care for the dog in order to prevent it
from continuing to constitute a repeated nuisance. Following
the hearing, the City Council shall determine, in its
minutes, whether or not the dog should be destroyed as
proposed by the Animal Control Officer or police officer.
If the Council approves the proposal, the dog shall be
destroyed in a humane fashion and the payment made by the
party requesting the hearing shall be retained by the City
to defray its costs of impounding the dog pending the
hearing. If the City Council decides that the proposal should
not be approved, the dog shall be released from impoundment
after the Animal Control Officer or police officer who
proposed its destruction has been satisfied that any terms or~
conditions of release imposed by the City Council have been
satisfied; and the payment made by the person requesting the
hearing shall be retained by the City as the fee for claiming
the dog."
~Section 10. The Mayor is hereby authorized to provide
for the creation and maintenance of a facility capable of
providing impoundment services. In the alternative, with
the concurrence of a majority of the City 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."
SectiOn 3: Repeal of prior conflicting ordinances. All
prior ordinances of the City of Chubbuck, Idaho, which
irreconcilably conflict with this ordinance, are hereby repealed
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to the extent of such irreconcilable conflict.
Section 4: Severability. In the event that any section
or provision of this amendatory 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 5: 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 Chubbuck, Idaho, this 12th day of October , 19761.
ATTEST:
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