HomeMy WebLinkAbout0187 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