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0187 Animal Control 1978 ORDINANCE NO . 187 AN ORDINANCE OF THE CITY OF CHUBBUCK, IDAHO, AMENDING SECTIONS 5 (b) and 5 (c) OF CHUBBUCK CITY ORDINANCE NO . 185 , TO CORRECT CLERICAL ERRORS OR OMISSIONS, TO PROVIDE THAT AN ANIMAL IS AN ANIMAL NUISANCE WITHIN THE MEANING OF THE ORDINANCE IF IT IS DISEASED OR HAS A VICIOUS NATURE AND IS NOT OR CANNOT BE SECURED BY THE OWNER TO ALLEVIATE THE DANCER THAT IT WILL SPREAD DISEASE OR THAT IT WILL INFLICT PROPERTY DAMAJE OR PERSONAL INJURY, AND TO CLARIFY THE AUTHORITY OF THE CHIEF OF POLICE TO REFUSE A CLAIM FOR AN IMPOUNDED ANIMAL SUBJECT TO HEARING BY THE CITY COUNCIL; AND PROVIDING WHEN THIS ORDINANCE SHALL BECOME EFFECTIVE. BE IT ORDAINED BY THE 14AYOR AND COUNCIL OF THE CITY OF CHUBBUCK, IDAHO: SECTION 1 : Amendment of Ordinance . Sections 5 (b) and 5(c) of Chubbuck City Ordinance No . 185 , enacted on the 15th day of November, 1977 , are hereby amended as .follows : B. Animals in Public Places or on Private Property. Except as provided herein, it shall be unlawful and punishable as a misdemeanor for any person to cause or allow a dog or animal classified as "livestock" below, which he owns or of which he has charge, to be found upon any public thoroughfare , public park, or other public place, or upon the private property of another without permission. Provided, however , that dogs controlled by leashes not exceeding fifteen feet in length are permitted in public places ; and provided, further, that the City Council by resolution may authorize the Chief of Police to designate public thoroughfares or areas of public parks or other public places where the riding of horses or equine is allowed. C . Animal Nuisances . (1) . An animal nuisance is created by anv animal (a) which has been found to be running at large , (b) which is not licensed if licensure is required herein, (c) which creates noise disturbing the peace and quiet of the surrounding, neighborhood, (d) which has caused property damage or personal injury of any kind other than to the owner or the owner' s property, or (e) which is diseased or has a vicious nature and is not or cannot be secured by the owner to pre-vent alleviate the danger that it will spread of disease ixflietien-ef or that it will inflict propert)T damage or personal injury. (2) . When an animal nuisance is found to exist in categories (a) , (b) and (c) above, the Chief of Police or his designee shall deliver or send by first class mail a written warning to the owner or person having charge of the animal in question, if known, directing him to abate the nuisance. If the animal in question continues to represent an animal nuisance, or if the animal constitutes an animal nuisance in categories (d) or (e) above, the Chief of Police or his designee may seize and impound the animal, giving written notice of such. acti.on to the owner or person having; charge of the animal in question, by personal delivery or first class mail. It shall be unlawful and punishable as a misdemeanor for any person to own, harbor, keep or possess an animal which constitutes a continued animal nuisance in category (a) , (b) or (c) , -�r which constitutes an animal nuisance under category (e} (d) or (e) . (3) . The Chief of Police or his designee may dispose of an impounded animal after five or more days have elapsed following notice of impoundment . An animal may be claimed prior to disposition upon payment of a fee of $15 . 00 for the first confinement or $20. 00 for any second or subsequent confinement of the same animal, plus the actual cost of care and custody of the animal, as reasonably determined by the Chief of Police . TvThen the time period herein has expired without claim or without payment of the prescribed fee , or if a claim is refused as- provided below, the Chief_ of Police or his designee may dispose of the animal (1) by delivering it to any person who will pav the fee, together with necessary licensing costs , if any, , or (2) by destroying the animal in a humane fashion. All impoundment fees or license fees required for claiming an impounded animal shall be paid to the Chubbuck City Treasurer. Failure to give notice as set forth above shall not prevent disposition of any impounded animal if the Chief of Police or his designee is unable , following inquiry, to ascertain the name or location of the owner or person having charge of the animal. (4) . Notwithstanding the provisions of the foregoing subparagraph, am-axiFaal-shall-met-be-destreyed-if its-awReF -er-etlier-persen-seeking-te-elaim-it;-files-with, the-city-clerk the Chief of Police mav refuse a claim for an impounded animal which constitutes a continued animal nuisance in category (a) , (b) or (c) above , or which constitutes an animal nuisance under category (d) or (e) . 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 next regular meeting. Such written request shall be accompanied by payment in the amount which. would be required by the time of the meeting in order to claim the animal as provided above. When such request and payment have been made, the ORDINANCE - Page 2 animal shall not be destroyed pending a hearing by the City Council : When the hearing is conducted, the person niakin,g the request must appear and show good cause why he should ,be allowed to claim the animal and how he will care for it in order to prevent it from continuing to constitute an animal nuisance. Following the hearing, the City Council shall determine whether or not the animal should be destroyed. If the Council approves destruction, the animal shall be destroyed in a humane fashion and the payment made by the party requesting the hearing shall be retained by the City to defray its costs of impounding the animal pending the hearing. If_ the Council decides that the animal should not be destroyed, the animal shall be released from impoundment upon such terms as the Council may reasonably impose; and the payment made by the person requesting the hearing; shall be retained as the fee for claiming the animal. (5) The. Mayor is hereby authorized to provide for the creation and maintenance of a-faeility 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 . SECTION 2 : 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 COUNCIL AND APPROVED BY THE MAYOR of the City of Chubbuck, Idaho this 14 th day of March, 1978 . Mayor ATTEST : AitvC er ORDINANCE - Page 3