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0447 Animal Control 19950 0 CITY OF CHUBBUCK, IDAHO ORDINANCE NO. 447 AN ORDINANCE OF THE CITY OF CHUBBUCK, IDAHO, REPEALING SECTION 9.20.061 IN ITS ENTIRETY AND ENACTING IN LIEU THEREOF A NEW SECTION 9.20.061 TO PROVIDE FOR CIVIL PENALTIES FOR VIOLATION OF CERTAIN SECTIONS OF THE ANIMAL CONTROL ACT; TO INCREASE THE CIVIL PENALTY TO $25.00 IF PAID WITHIN 10 DAYS AND $30 IF PAID LATER; REPEALING PRIOR CONFLICTING ORDINANCES; PROVIDING FOR THE SEVERABILITY OF THE PROVISIONS OF THIS ORDINANCE; PROVIDING THAT ALL OTHER SECTIONS AND PROVISIONS OF CHAPTER 9.20 NOT HEREIN AMENDED SHALL REMAIN IN FULL FORCE AND EFFECT; 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 OF 9.20.061. The existing Section 9.20.061 of the Chubbuck Municipal Code is repealed in its entirety. Section 2. NEW 09.20.061. The following Section 09.20.061 of the Chubbuck Municipal Code is hereby adopted: 9.20.061 Civil Penalties. The owner, custodian or keeper of any animal found to be running at large on any public right-of-way or public grounds within the city or found to be in violation of the following code sections: 9.20.020 Licensing 9.20.026 Registration of Vicious Animal 9.20.030 Animals at Large 9.20.031 Offenses 9.20.032 Prohibited Acts 9.20.033 Kennels 9.20.034 Control of Vicious Animals 9.20.050 Quarantine 9.20.062 Action for Damages - Vicious Animal - Civil Penalty 9.20.064 Penalties for Violation of Vicious Animal Provisions 9.20.070 Livestock Defined Animal Units Enumerated 9.20.080 Minimum Livestock Facilities 9.20.090 Compliance with Zoning Provisions - Facility Standards Ordinance - Page 1 dac chbbckO9 221 may avoid being prosecuted for the violation alleged in the notice of violation by electing to pay to the city clerk, as a civil penalty for such violation, a fee of twenty five dollars ($25.00), unless said fee is not paid within ten days after the issuance of the violation notice, in which event the fee shall be thirty dollars ($30.00). These penalties shall apply in lieu of other fines set forth by the Chubbuck Municipal Code unless the owner, keeper or custodian fails to respond to the violation notice. If the owner, keeper or custodian fails to respond to the violation notice within thirty days after the issuance of the violation notice, a misdemeanor citation shall be issued to the owner, keeper or custodian and the violation shall be treated as a misdemeanor, with the penalty as provided in this Code for the offense. ADMINISTRATIVE PROVISIONS Section 1. Repeal of Conflicting Ordinances. The provisions of any Ordinance of the City of Chubbuck, Idaho, and any provision of the Chubbuck Municipal Code which are in conflict with the provisions of this Ordinance are hereby repealed to the extent of such conflict. All other sections and provisions of Chapter 9.20 not herein amended shall remain in full force and effect. Section 2. Severability. If any provision of this ordinance is held invalid, for any reason, by any court of competent jurisdiction, such holding shall not affect the validity or enforceability of any of the remaining provisions. Section 3. Effective Date. The rule requiring an ordinance to be read on three separate days, one of which shall be a reading in full, is hereby dispensed with, and this Ordinance shall become effective upon its passage, approval and publication as provided by law. Ordinance - Page 2 dec chbbckoe.221 PASSED BY THE COUNCIL AND APPROVED BY THE MAYOR OF THE CITY OF CHUBBUCK, IDAHO, this 28th. day of ATTEST: CITY CLERK Ordinance - Page 3 dac chbbcW9.221 NOVEMBER , 1995. l YOR