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0314 Animal Control 1989CITY OF CHUBBUCK, IDAHO ORDINANCE NO. 314 AN ORDINANCE OF THE CITY OF CHUBBUCK, IDAHO, REPEALING CHAPTER 9.20, CHUBBUCK CITY CODE AND ENACTING A NEW CHAPTER 9.20, CHUBBUCK CITY CODE TO PROVIDE FOR REGULATION OF ANIMALS WITHIN THE CHUBBUCK CITY LIMITS AND PENALTIES, REPEALING PRIOR CONFLICTING ORDINANCES; PROVIDING FOR THE SEVERABILITY OF THIS 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. Chapter 9.20 of the Chubbuck City code shall be and is hereby repealed and reenacted to read as follows: 9.20.010 Definitions. As used in this chapter of the municipal code, unless the context otherwise indicates, the following words and terms shall mean: A. "Abuse,' shall mean a situation in which an animal has been the victim of intentional or negligent conduct resulting in the animal's bruising, bleeding, malnutrition, dehydration, burns, fractures or breaks of any bones, subdural hematoma, soft- tissue swelling, or death. B. "Allow" shall mean to permit by neglecting to restrain or prevent. C. "Animal" shall mean any organism other than human beings needing food to maintain and sustain its life which generally has mobility and a developed central nervous system, and shall include but not be limited to dogs, cats, and livestock as defined elsewhere in this chapter. D. "Animal control officer" shall mean any person designated by the chief of police to carry out the provisions of this chapter. E. "Animal shelter" shall mean any premises designated by the city for the purpose of impounding and caring for animals held under the authority of this chapter. F. "At large" shall mean to be off the premises of the owner and not under the control of the owner or another person either by leash, cord, chain or as otherwise provided in this chapter. ORDINANCE - Page 1 dsc chbbckl2.206 G. "Building" shall mean any structure with substantial walls and roof securely affixed to the land and entirely separated on all sides from any other structure by space or any walls in which there are no communicating doors, windows or openings, which is designed or intended for the shelter, enclosure or protection of persons, animals, chattels or property of any kind. H. "Cat" shall mean any member, male or female, of the family felis catus. I. "Chief of police" shall mean the chief of the police department of the city or any other person acting under his orders or direction. J. "Enclosure" shall mean a fence or structure of at least six feet (6') in height, forming or causing containment suitable to prevent the entry of young children, and suitable to confine an animal in conjunction with other measures which may be taken by the owner such as tethering of the animal. Such enclosure shall be securely enclosed and locked and designed with secure sides, top and bottom and shall be designed to prevent the animal from escaping from the enclosure. K. "Dog" shall mean any member, male or female, of the family canis familiaris. L. "Harboring" shall mean the keeping of any animal. The occupant of any premises on which an animal remains, or to which it customarily returns daily for food and care for three consecutive days or more, is presumed to be harboring or keeping the animal within the meaning of this chapter. Mo "Impounded" shall mean to be taken into the custody of or for delivery to the animal shelter. N. "Kennel" shall mean any place other than a veterinary hospital where three or more dogs over four months of age are kept, or where one or more female dogs are kept for breeding ad the offspring thereof are sold for profit, or where dogs are received for boarding and care. O. "Leash" shall mean a cord, thong, leash or chain not more than eight feet in length by which an animal is controlled by the person accompanying it. P. "Livestock" shall mean any animal defined as livestock under the terms and conditions of section 9.20.070 of this chapter. Q. "Misuse" shall be the intentional causing of an animal to perform a non-customary task which could be dangerous or harmful to the animal. ORDINANCE - Page 2 dsc chbbckl2.206 R. "Neutered dog" shall mean male or female dogs rendered incapable of reproducing offspring. Proof of such sterilization must be evidenced by a certificate of a licensed ~veterlnarlan. S. "Officer" shall mean any police officer or any person designated by the chief of police as an animal control officer. T. "Owner, custodian or keeper" shall mean any person including any firm association, partnership or corporation, or their agents or persons acting with their permission, owning, keeping or harboring, possessing, caring for, or having any custodial duties over any animal. U. "Pet Store" shall mean a business, licensed pursuant to Chubbuck Code Section 5.04 which has as its primary source of revenue the sale of animals. V. "Premises" shall mean all of the real property under a person's or persons' ownership, lease or control inside the inner line of a sidewalk, or if there is no sidewalk, inside the curb, ditch or shoulder marking the edge of the traveled or used portion of the public right of way. Premises also include the inside of a closed motor vehicle W. "Sign" shall mean any structure which shall be used to attract attention to any object, place, activity, person, animal, or business which shall display or include any letter, word, insignia, device or representation used as, or which is in the nature of an announcement, direction or advertisement. For the purposes of Section 9.20.034, the sign shall be material at least 24" by 24" in size, with letters in indelible or fluorescent ink with the words in clear, capital letters as follows: VICIOUS ANIMAL ON PREMISES or VICIOUS DOG ON PROPERTY, or words of similar meaning; and shall be posted at all visible entryways onto the owner, custodian or keeper's property This definition shall be limited to this Chapter 9.20 and shall not apply to any other chapter of the Chubbuck Code or to any Uniform Code followed by the city. X. "Under control" shall mean restrained, by means of a leash or enclosure on the owner, custodian or keeper's premises thereby preventing the animal from trespassing upon the property of others, annoying or chasing other persons, animals or vehicles or running at large. Y. "Veterinary clinic or hospital" shall mean any establishment maintained and operated by a licensed veterinarian for the boarding of animals or the diagnosis, treatment and care of diseased or injured animals. Z. "Vicious animal" shall mean: ORDINANCE - Page 3 dsc chbbckl2.206 1. Any animal which, when unprovoked in a vicious or terrorizing manner, approaches any person in apparent attitude of attack upon the streets, sidewalks, any public grounds or places, or private property not owned or possessed by the owner of the animal; or 2. Any animal with a known propensity, tendency or disposition to attack unprovoked, to cause injury or to otherwise endanger the safety of human beings or domestic animals; or 3. Any animal which bites, inflicts injury, assaults or otherwise attacks a human being or domestic animal without provocation; or 4. Any animal owned or harbored primarily or in part for the purpose of fighting or any animal trained for fighting. Notwithstanding the definition of a vicious animal above, no animal may be declared vicious if an injury or damage is sustained by a person who, at the time such injury or damage was sustained, was committing a wilful trespass or other tort upon the premises occupied by the owner of the animal, or was teasing, tormenting, abusing or assaulting the animal or was committing or attempting to commit a crime. No animals may be declared vicious if the injury or damage was sustained as a result of teasing, tormenting, abusing or assaulting the animal. No animal may be declared vicious if the animal was protecting or defending a human being within the immediate vicinity of the animal from an unjustified attack or assault. 9.20.020 Licensing. The keeping of any dog within the city is hereby forbidden unless the owner, custodian, or keeper or person harboring the dog, shall procure a license from the city for such dog. This provision shall not apply to a dog under four months of age which is part of a litter born to a female dog licensed by the city and owned, kept or harbored by the owner of the property on which the litter is kept, shall not apply to a nonresident keeping a dog within the city for no longer than seven days and shall not apply to a nonresident keeping a dog within the city for no longer than thirty days under special permit to be issued, upon request, by the animal control officer. In any prosecution for a violation of this section, the absence of a tag to be appended to a dog, as provided in section 9.20.023 of this chapter, shall be prima facie evidence that the dog has not been legally licensed. 9.20.021 Annual license fee. The annual license fee for dogs for each calendar year or part thereof shall be as follows: ORDINANCE - Page 4 dsc chbbck12.206 Neutered dog ............................... $3.00 per year Unneutered dog ............................. $5.00 per year Kennel ............................................. $10.00 The term of any license issued pursuant to this section shall be from June 1 to May 31. If the license fee is not paid by August 1 of each year for renewal licenses or within thirty days after a license becomes required 'for new licenses (or within sixty days of the effective date of this chapter), the above fees shall double. If the keeping or harboring of three or more dogs is otherwise permitted at any single premises by the provisions of the Chubbuck Municipal Code, the license fee for each dog in excess of two shall be ten dollars in addition to the license fees set forth above. 9.20.022 Veterinary hospital and animal shelter. No dog license fee pursuant to section 9.20.021 above shall be required of any veterinary clinic, hospital, pet store or of an animal shelter, as the same are defined in this chapter. (Ord. 233 § 2, 1982). 9.20.023 License tag. Upon payment of the required license fee and upon proof of required inoculations, the city clerk or designee shall issue a license to the person applying therefor, which license shall remain in force until December 31 of that year. The treasurer shall furnish with such license a metal tag which shall be stamped with a number corresponding to a number of such license and the year for which it is issued. Such tag shall be appended to a collar to be worn by the dog at all times. If a dog tag is lost or destroyed, a duplicate tag shall be issued upon showing of payment of the license fee for the current year and the payment of one dollar for a duplicate tag. 9.20.024 Transfer of ownership. It shall be unlawful for any person to use any license tag for any dog other than the one for which it is issued. If there is a change of ownership of a licensed dog, the new owner shall apply for and obtain a new license. 9.20.025 License. A. The city council may, after ten days' written notice and opportunity for hearing, revoke any license if the person holding the license refuses or repeatedly fails to comply with any provision of this chapter. B. Any person whose license is revoked shall, within ten days thereafter, remove the dog from the city or humanely dispose of the dog, and no part of the license fee shall be refunded. C. It shall be a condition of the issuance of any dog license that any police officer or animal control officer shall be permitted to inspect all dogs, at any reasonable time, and refusal to give permission to such inspection shall be ground for revocation of a license which has been issued. ORDINANCE - Page 5 dsc chbbckl2.206 9.20.026 Registration of vicious animal. A. No vicious animals shall be allowed within the City after January 1, 1989, unless the owner of such vicious animal annually registers the animal with the city and meets the following requirements: 1. The owner shall present to the City Clerk proof that the owner, custodian or keeper has procured liability insurance in the amount of no less than five hundred thousand dollars ($500,000.00), covering any damage or injury which may be caused by such vicious animal during the the twelve (12) month period following registration which policy shall contain a provision requiring the City to be named as additional insured for the sole purpose of allowing the City Clerk to be notified by the insurance company of any cancellation, termination or expiration of the liability insurance. 2. The owner shall, at his own expense, have his social security number tattooed upon such vicious animal by a licensed veterinarian or person trained as a tattooist and authorized as such by any state, city or county police department. The tattoo shall be place either on the upper inner lip, inside ear or inside rear thigh of the vicious animal. The Chief of Police may, in its discretion, designate the particular location of said tattoo. Said number shall be noted on the city files for such vicious animal. For the purposes of this section "tattoo" shall be defined as any permanent numbering of a vicious animal by means of indelible or permanent ink with the number designated by the licensing authority, or any other permanent, acceptable method of tattooing. 3. The owner shall display a sign in conformance with Chapter 9.20.010(W) on his premises warning that there is a vicious animal on the premises. Said sign shall be visible and capable of being read from the public highway. 4. The owner shall sign a statement attesting that: a. The owner shall maintain and not voluntarily cancel the liability insurance required by this section during the twelve (12) month period following registration, unless the owner shall cease to own or keep the vicious animal prior to expiration of such license. b. The owner shall, at the time of registration have an enclosure for the vicious animal on the property where the vicious animal will be kept or maintained. c. The owner shall notify the Chief of Police and the animal control officer within twenty-four (24) hours if a vicious animal is on the loose, is ORDINANCE - Page 6 dsc chbbckl2.206 unconfined, has attacked another animal or has attacked a human being, or has died or has been sold or given away. If the vicious animal has been sold or given away the owner shall also provide the City Clerk with the name, address and telephone number of the new owner of the vicious animal. B. The Chief of Police, his designee or an animal control officer is hereby empowered to make whatever inquiry is deemed necessary to ensure compliance with the provisions of this chapter, and to seize and impound any vicious animal whose owner fails to comply with the provisions hereof. If the owner of the animal refuses to surrender the animal to the police or the animal control officer, the animal control officer may request a police officer to obtain a search warrant from the magistrate of the district court and either may seize the animal upon execution of the warrant. 9.20.030 Animals at Large. It shall be unlawful for any person to cause, permit or allow any animal owned, harbored, controlled or kept by him or her, to roam, run or stray away from the premises in which the animal is owned, harbored, controlled or kept, except where kept under control by means of an enclosure or in the case of dogs, a leash. Every female dog in heat shall be confined in an enclosure in such a manner that such female dog cannot come in contract with another dog except for planned breeding. 9.20.031 Offenses. It shall be unlawful for any person owning, harboring, controlling or keeping any animal to permit the animal to do any of the following acts: A. Bit or attempt to bite any person. B. Scatter garbage, refuse or debris. C. Chase any person, vehicle or animal. D. Deposit fecal material on any property not that of its owner or custodian. E. Bark, howl or otherwise cause noise which disturbs or is likely to disturb the peace and quiet of any person. F. Trespass upon the property of another person. G. Cause property damage or personal injury of any kind other than to the owner or the owner's property. 9.20.032 Prohibited acts. A. No person shall keep or harbor, within the city, any vicious animal as defined in this chapter, unless the requirements of 9.20.026 and 9.20.034 have been met. ORDINANCE - Page 7 dsc chbbck12.206 B. No person shall keep, harbor or maintain any animal within the city in such a manner that the keeping of the same results in a nauseous, foul or offensive condition. C. No owner or custodian of an animal shall fail to provide it with adequate food, water, shelter and necessary veterinary care. animal. No person shall beat, cruelly ill-treat or abuse any E. No owner of an animal shall abandon the same. F. No person shall through the act or omission, do any of the following specific acts to an animal: 1. Abuse or otherwise mistreat; or 2. Torture; or 3. Misuse; or 4. Overload or override; or 5. Abandon; or 6. Expose to unreasonable danger to health or life. G. No person shall allow an animal to be at large. H. Except where great bodily harm or death is likely to immediately ensue, it shall be unlawful for any person to command, encourage or aid by word or conduct, any animal to bite, chase, attack, or attempt to bite, chase or attack another person or animal. I. No person shall harbor, keep or possess any wild animal as determined by the Chief of Police and approved by the Chubbuck City Council. A listing of prohibited wild animals shall be kept at the City Clerk's office. J. No person shall own or harbor any animal for the purpose of animal fighting, or train, torment, badger, bait or use any animal for the purpose of causing or encouraging said animal to unprovoked attacks upon human beings or domestic animals. 9.20.033 Kennels. No person shall operate or maintain a kennel within the city without first obtaining a license therefor. No license shall be issued unless the location of the proposed kennel is in accordance with the provisions of the Chubbuck Land Use Ordinance as embodied in Title 18 of this Code, as from time to time amended. ORDINANCE - Page 8 dsc chbbckl2.206 9.20.034 Control of vicious animals. A. Ail vicious animals shall be confined in an enclosure. It shall be unlawful for any owner to maintain a vicious animal upon any premises which does not have a loCked enclosure. B. It shall be unlawful for any owner to allow any vicious animal to be outside of the dwelling of the owner or outside of the enclosure unless it is necessary for the owner to obtain veterinary care for the vicious animal or to sell or give away the vicious animal or to comply with commands or directions of the police or the animal control officer with respect to the vicious animal, or to comply with the provision of 9.20.026 of this chapter. In such event, the vicious animal shall be securely muzzled and restrained with a chain having a minimum tensile strength of three hundred (300) pounds and not exceeding three feet (3') in length, and shall be under the direct control and supervision of the owner of the vicious animal. 9.20.040 Impoundment. Any dog found without a license and any animal found running at large or in violation of any other provision of this chapter may be impounded and placed in an animal shelter. Any officer taking such action, or receiving an impounded animal shall make a registry of such action, entering the breed, color and sex of such animal and any available license information. If the dog is licensed, an entry shall be made showing the name and address of the owner and the number of the license tag. If the owner is known or may be determined, the officer may, as an alternative, or in addition to impoundment, issue to the owner or keeper of the animal a misdemeanor citation and complaint in the form and manner prescribed by law. (Ord. 233 § 2, 1982). 9.20.041 Interference with impoundment. A. No person shall interfere with, hinder, delay or impede a police officer or animal control officer in the enforcement of the provisions of this chapter. B. No person shall falsely represent to any police officer or animal control officer his or her address, nonownership of impounded animals or other information reasonably required by said officer. 9.20.042 Disposition of dangerous animals. Whenever it shall reasonably appear to an officer attempting to impound an animal under the provisions of this chapter that such animal is dangerous to other persons and that capture cannot be effected safely and promptly, said officer is authorized to destroy the animal. 9.20.044 Redemption of impounded animals. The owner, keeper or lawful custodian of any animal impounded under the provisions of this chapter may reclaim the animal within sixty hours after receiving personal notice, or after the mailing of the notice; provided, however, that a dog shall be released to ORDINANCE - Page 9 dsc chbbckl2.206 the owner or custodian only upon payment of the dog license fee, if unpaid, and all impoundment charges and costs of maintaining said animal, which charges shall be as follows: Impoundment charges: Within any 12-month period Animal, Cat and Neutered Dog Unneutered Doq First impoundment Second impoundment Third impoundment Fourth impoundment Fifth impoundment $ 20.0O $ 2O.00 25.00 65.00 50.00 90.00 75.00 115.00 100.00 140.00 No dog shall be released from impoundment until a current license for the dog has been obtained. 9.20.045 Disposition of unclaimed animals and dead animals. A. It shall be the duty of the animal control officer to keep, or arrange for the keeping, of all impounded animals if unclaimed, for a period of sixty hours following the giving of personal notice. If, at the expiration of such time, such animal shall not have been reclaimed, the animal control officer may place the animal in a suitable home or cause the animal to be humanely euthanized. Animals not reclaimed after the expiration of sixty hours may be released to any person other than the owner desiring to take the animal and provide it with shelter and care, upon obtaining a license as provided by this chapter and payment of maintenance charges, and an adoption fee of twenty-five dollars. If the animal is released to any person other than the owner, the person to whom the animal is released shall be deemed a purchaser of such animal from the city, and all rights and interest of the former owner in said animal shall terminate. It shall be unlawful for any owner of an impounded animal to seek the release of said animal under this section as a way of avoiding the impoundment charges set forth in the preceding section. B. The animal control office may dispose of the carcass of any animal found dead within the city limits. Any owner, custodian or keeper of a dead animal whose carcass is disposed of by the animal control officer shall pay the city $10.00 or the actual cost of disposal, whichever is greater, as a fee for the disposal of the carcass. 9.20.046 Disposition of impounded animals - Hearing. A. Notwithstanding the provisions of Section 9.20.044, the Chief of Police or the animal control officer, acting under the direction of the Chief of Police, may refuse a claim for an impounded animal which is vicious, which has caused property damage or personal injury of any kind other than to the owner or the owner's property, which has been impounded on at least one prior ORDINANCE - Page 10 dsc chbbck12.206 occasion in the preceding twenty-four months, or whose owner or keeper has been issued a citation, on at least one prior occasion in the preceding twenty-four months, because of a violation the provisions of this chapter. In such event, the animal shall not be destroyed if its owner, or other person seeking to claim it, files with the city clerk during the claim period, a written request that such destruction be postponed pending review by the city council at its 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 in section 9.20.044. B. 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 avoid further violations of the provisions of this chapter. Following the hearing, the city council shall determine whether or not the animal should be destroyed. C. If the council approves the destruction, the animal 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 cost 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 the person requesting the hearing shall be retained as the fee for claiming the animal. 9.20.047 Determination of a Vicious Animal. A. If the Chief of Police or the animal control officer has probable cause to believe that an animal is vicious, the Chief of Police or his designee, shall be empowered to convene a hearing for the purpose of determining whether or not the animal in question should be declared vicious. The animal control officer or Chief of Police shall conduct or cause to be conducted an investigation and shall notify the owner of the animal that a hearing will be held, at which time he may have the opportunity to present evidence why the animal should not be declared vicious. The hearing shall be held promptly within no less than five (5) nor more than ten (10) days after service of notice upon the owner of the animal. The hearing shall be informal and shall be open to the public. After the hearing, the owner of the animal shall be notified in writing of the determination. If a determination is made that the animal is vicious, the owner shall comply with the provisions of this chapter in accordance with a time schedule established by the Chief of Police, but in no case more than thirty (30) days subsequent to the date of the determination. If the owner of the animal contests the determination, he may, within five (5) days of such determination, bring a petition in the Magistrate Court in the Sixth Judicial District of the State of Idaho, in and for ORDINANCE - Page 11 dsc chbbck12.206 the County of Bannock, wherein the animal is owned, praying that the court conduct its own hearing on whether or not the animal should be declared vicious. After service of notice upon the city the court shall conduct a hearing de novo and make its own determination as to viciousness. Said hearing shall be conducted within fourteen (14) days of the service of the notice upon the city. The issue shall be decided upon the preponderance of the evidence. If the court rules the animal to be vicious, the court may establish a time schedule to ensure compliance with this chapter, but in no case more than thirty (30) days subsequent to the date of the court's determination. The court may decide all issues for or against the owner of the animal regardless of the fact that said owner fails to appear at said hearing. The determination of the Magistrate Court shall be final and conclusive upon all parties thereto. However, the Chief of Police or animal control officer shall have the right to declare an animal to be vicious for any subsequent actions of the animal. If the Chief of Police or the animal control officer or the designees have probable cause to believe that the animal in question is vicious and may pose a threat of serious harm to human beings or other domestic animals, the animal control officer or law enforcement officer may seize and impound the animal pending the aforesaid hearings. The owner of the animal shall be liable to the city for the costs and expenses of impoundment of such animal. 9.20.048 Impoundment facility. The mayor is authorized to provide for the creation and maintenance of one or more facilities 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. 9.20.050 Quarantine. Any animal which bites any person shall be quarantined for ten days if ordered by the animal control officer. At the discretion of the animal control officer, the quarantine may be on the premises of the owner. The owner shall be responsible for all costs of quarantine. Such animal shall be securely confined within an enclosure from which it cannot escape and which is not accessible to the public. The animal control officer shall maintain a record of every animal which bites a person without provocation. 9.20.051 Destruction of diseased animals. Any animal which has bitten any person and, after examination by a veterinarian, is found to have rabies or other disease rendering said animal dangerous to persons, shall be destroyed. ORDINANCE - Page 12 dsc chbbck12.206 9.20.060 Criminal penalties. The violation of any provision of this chapter shall be a misdemeanor, punishable by a fine of not to exceed three hundred dollars, or imprisonment for not to exceed six months, or both such fine and imprisonment. 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 may be assessed a fee of ten dollars per occurrence. Notice of the civil penalty shall be independent of any fine which might be assessed by any court having jurisdiction due to misdemeanor prosecution for an animal running at large violation. Said fee shall increase to fifteen dollars if it remains unpaid for a period of ten days. 9.20.062 Action for damages - vicious animal - civil penalty. If any vicious animal shall, when unprovoked, kill or wound, or assist in killing or wounding any sheep, lamb, cattle, horse, hog, swine, fowl or other domestic animal, belonging to or in the possession of any person, or shall, when unprovoked, attack, assault, bite or otherwise injure any human being or assist in attacking , assaulting, biting or otherwise injuring any human being while out of or within the enclosure of the owner or keeper of such vicious animal, or while otherwise, on or off the property of the owner whether or not such vicious animal was on a leash and securely muzzled or whether the vicious animal escaped without fault of the owner or keeper, the owner or keeper of such animal shall be liable to the person aggrieved as aforesaid, for all damage sustained, to be recovered in a civil action, with costs of suit. It is rebuttably presumed as a matter of law that the owning, keeping or harboring of a vicious animal in violation of this chapter is a nuisance. It shall not be necessary, in order to sustain any such action, to probe that the owner of such vicious animal knew that such vicious animal possessed the propensity to cause such damage or that the vicious animal had a vicious nature. Upon such attack or assault, the police or the animal control officer in the City is hereby empowered to confiscate and destroy such vicious animal, if the conduct of such vicious animal or its owner constituted a violation of the provisions of this chapter, punishable by the confiscation and destruction of the animal. 9.20.063 Exemptions. The provisions of this chapter shall not apply to K-9 or other animals owned by any police department or any law enforcement officer which are used in the performance of law enforcement police work. 9.20.064 Penalties for violation of vicious animal provisions. A. Any vicious animal: 1. Which does not have a valid license in accordance with the provisions of this chapter; or ORDINANCE - Page 13 dsc chbbckl2.206 2. Whose owner does not secure the liability insurance coverage required in accordance with 9.20.026(A)(1) of this chapter; or 3. Which is not maintained on property with an enclosure; or 4. Which shall be outside of either the dwelling of the owner, or an enclosure except as provided in 9.20.034(B); or 5. Which is not tattooed as provided in 9.20.026(A)(2), shall be confiscated by the animal control officer and destroyed in an expeditious and humane manner after the expiration of a five (5) day waiting period exclusive of Sundays and holidays. In addition, the owner shall pay a two hundred and fifty dollar ($250.00) fine. B. If any vicious animal shall, when unprovoked, kill, wound or worry or assist in killing or wounding any animal described in 9.20.062 of this chapter, the owner of said animal shall pay a two hundred fifty dollar ($250.00) fine and the animal control officer is empowered to confiscate and, after the expiration of a five (5) day waiting period exclusive of Sundays and holidays, shall destroy said vicious animal. For each subsequent violation the owner of said animal shall pay a fine of three hundred dollars ($300.00). C. If any vicious animal shall, when unprovoked, attack, assault, wound, bite or otherwise injure or kill a human being, the owner shall pay a three hundred dollar ($300.00) fine. D. No fine and/or tattooing requirement shall be suspended by any court of competent jurisdiction. 9.20.065 Liability of parents for damages caused by animal owned by minor. If the owner of any animal is a minor, the parent or guardian of such minor shall be liable for all injuries, property damages, fines and impoundment fees caused or incurred by said vicious animal. 9.20.066 Additional remedies. Any violation of this chapter which continues for more than twenty-four hours is hereby declared to be a public nuisance, and, in addition to any other civil or criminal remedies, the city may cause such condition to be abated in the manner provided by law. 9.20.067 Liability of city. The City shall not in any manner be liable by reason of any act done at the Animal Shelter, or any act of its officers of employees, whether in the performance of the duties prescribed by this chapter. 9.20.070 Livestock defined-Animal units enumerated. A. It is unlawful and punishable as a misdemeanor for any person to ORDINANCE - Page 14 dsc chbbckl2.206 own, harbor, keep or possess any animal within the city except household pets and livestock. "Livestock" is 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 is further 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 in sections 9.20.080 and 9.20.090. B. 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. 9.20.080 Minimum livestock facilities. The following minimum facilities standards shall be maintained: A. No animal shall be allowed on any property of less than twenty thousand square feet. B. Not more than one animal unit shall be kept on any property consisting of twenty thousand square feet; provided, however, that the animal unit shall be enclosed in a pen or corral containing at least eight hundred square feet. C. For each ten thousand feet of property area in excess of twenty thousand square feet, one additional animal unit may be kept; provided, however, that each animal unit shall be enclosed in a pen or corral containing at least eight hundred square feet per animal unit. 9.20.090 Compliance with zoning provisions -- Facility standards. A. No livestock shall be kept on property less than fifteen thousand square feet in size if such property was subdivided after September, 1972. A preceding ordinance provided for phase-out of nonconforming animals for one year after September, 1972. B. Livestock may be kept on property of fifteen thousand square feet or more, but less than twenty thousand square feet in size, if: 1. The property was zoned for livestock under Chubbuck Ordinance 98. 2. The owner of the property is and has continuously been the same owner passage of Ordinance No. 98 in 1971; 3. The owner of the property has kept livestock upon the property since the passage of Ordinance No. 98 in 1971 with no continuous periods of livestock being not on the property of greater than twelve months. Sale or leasing for ORDINANCE - Page 15 dsc chbbckl2.206 a period of greater than one year of said property or failure to have livestock upon the property for a period greater than twelve months by the owner of the property at the time of passage of Ordinance No. 98 in 1971 will result in the loss of right to have livestock upon the property. Livestock on the property in the above circumstances is a nonconforming use. If the property is sold by the individual who owned the property at the time of passage of Ordinance No. 98 in 1971 or if that owner of the property fails to have livestock upon the property for a period of greater than twelve months, then the permitted nonconforming use of the property for purposes of keeping livestock terminates. C. Two or more platted lots in a subdivision cannot be combined to attain a twenty thousand square foot or greater parcel of property for purposes of meeting the requirements of Section 9.20.080. D. Any subdivision passed and approved after April 1, 1988, which contains lots of twenty thousand square feet or greater shall be presumed to allow livestock unless prohibited by contract, private deed restriction, restrictive covenant or other action taken by the subdivision owner/developer. E. Ail pens or corrals required under section 9.20.080 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. All 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 and other nuisances. F. The standards in subsections A through E of this section 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 ad livestock expositions. G. Compliance with all animal-control regulations set forth in this chapter shall be the joint and several obligation of the owner of the property where the animal in question is located and of the owner or person having charge of the animal. 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 ORDINANCE - Page 16 dsc chbbck12.206 conflict with the provisions of this Ordinance are hereby repealed to the extent of such conflict. Section 2. Severability. If any provision of this ordinance is held valid, 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. PASSED BY THE COUNCIL AND APPROVED BY THE MAYOR OF THE CITY OF CHUBBUCK, IDAHO, this 1989. ATTEST: CITY CLERK 14thday of FEBRUARY ORDINANCE - Page 17 dsc chbbck12.206 SUMMARY OF ORDINANCE NO. 314 An ordinance of the City of Chubbuck, a municipal corporation of Idaho, repealing existing Chapter 9.20 of the Chubbuck City Code and enacting a new chapter 9.20 Chubbuck City Code providing for the regulation of animals within the Chubbuck City limits and penalties. The ordinance defines animals, abuse, at large and acceptable buildings and structures of the enclosure of animals, defines livestock and sets forth definitions for signs warning of vicious animals and a definition of vicious animals, provides for licensing of dogs and any license fees of dogs in kennels, prohibits the transfer of dog licenses, provides for the registration of vicious animals after January 1, 1989 and requires that any person registering a vicious animal with the city clerk have proof of insurance of not less than $500,000 and further provides for the tattooing or marking of any such vicious animal. The ordinance further provides the owner of the vicious animal shall display a sign warning of the vicious animal and shall notify the chief of police and the animal control officer within 24 hours if the vicious animal is loose, provides that it is unlawful to allow animals to roam at large and further defines offenses that are unlawful for a person to permit an animal to do including biting, scattering garbage, chasing vehicles and trespassing upon the property of another. The ordinance further prohibits certain acts with respect to animals within the city including failing to provide food, water, shelter and care, beating or abusing an animal, abandoning an animal or allowing an animal to be at large. The ordinance provides for the regulation of kennels within the City, provides for the control of vicious animals by enclosure and provides for the impoundment of animals running at large or dogs without a license. Interference with an animal control officer is made unlawful. An officer attempting to impound an animal is authorized to destroy the animal if the animal is dangerous and capture cannot be effected safely or promptly. Provision is made for the disposition of unclaimed and dead animals and for the obtaining a release from impoundment for an animal that has previously been impounded. A procedure is set forth for determination of whether an animal is vicious and, if found to be vicious, for appeal procedures. Civil and criminal penalties are set forth and provision is made for a civil penalty and action for damages caused by a vicious animal. SUMMARY OF ORDINANCE NO. 314 - Page 1 dsc chbbck03.011 Provisions for livestock within the City limits is provided including the dimensions for minimal size on livestock facilities and further for compliance with the zoning provisions. Further administrative provisions are provided for repeal of conflicting ordinances, severability of ordinance and the effective date. The full text of Ordinance No. 314 is available at the Chubbuck City offices in Chubbuck, Idaho. DATED this 2ND. day of March, 1989. ATTEST: IS.l~ John O. Cotant, Mayor _IS/ Ron C. Conlin, City Clerk I have reviewed the foregoing summary and believe that it provides a true and correct summary of Ordinance No. 314 and further that the summary provides adequate notice to the public of the contents of said Ordinance. DATED this ~'. day of March, 1989. ~ ___<_'_.._._/ Tb~mas J. H~mes, Chubbuck City Attorney SUMMARY OF ORDINANCE NO. 314 - Page 2 dsc chbbck03.011