HomeMy WebLinkAbout0314 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and is hereby repealed and reenacted to read as follows: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.
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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.
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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:
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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:
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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.
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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
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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.
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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.
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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
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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
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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
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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.
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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
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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
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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
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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
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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
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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
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