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0418 Animal Control 1994n n CITY OF CHUBBUCK, IDAHO ORDINANCE NO. . AN ORDINANCE OF THE CITY OF CHUBBUCK, IDAHO, AMENDING SECTION 9.20.010 OF THE ANIMAL CONTROL ORDINANCE TO ELIMINATE DUPLICATION; AND 9.20.030 AND 9.20.031 TO PROVIDE STRICT LIABILITY FOR AN ANIMAL OWNER WHO ALLOWS AN ANIMAL TO RUN AT LARGE; REPEALING PRIOR CONFLICTING ORDINANCES; PROVIDING FOR THE SEVERABILITY OF THE PROVISIONS OF THIS ORDINANCE; PROVIDING THAT ALL OTHER SECTIONS AND PROVISIONS OF CHAPTER 9.20 NOT HEREIN AMENDED SHALL REMAIN IN FULL FORCE AND EFFECT; AND PROVIDING WHEN THIS ORDINANCE SHALL BECOME EFFECTIVE. BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF CHUBBUCK, IDAHO: Section 1. Amended 9.20.010. Section 9.20.010 of the Chubbuck Municipal Code is amended 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. prevent.restrain er (Not used) 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 t saw chbbck06.202 0 , 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 in height, ferfaing er eausing eentainfaent 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 sueh as tethering ethe —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 frem the enelesure. K. "Dog" shall mean any member, maze er 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 . M. "Impounded" shall mean to be taken into 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 and 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 saw chbbck06.202 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 veterinarian. 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 twenty-four inches by twenty four inches 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 en the ewner, ter-eb -preventing the animal from trespassing upon the property of others or annoying or chasing other persons, animals vehieles er 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. Ordinance - Page 3 saw chbbck06.202 Z. "Vicious animal" shall mean: 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, tendeney to attack unprovoked, to cause injury or to otherwise endanger the safety of human beings or domestic animals; er 3. Any animal which bites, inflicts injury, assaults or otherwise attacks a human being or domestic animal without provocation; er 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. Section 2. Amended 9.20.030 and 9.20.031. Section 9.20.030 and 9.20.031 of the Chubbuck Municipal Code are amended as follows: 9.20.030 Animals at Large. it shall be unlawful: feT harbored, eentrelled er kept by hifft er her, te ream, run er stray away frefft the Premises in whimeh the animal is owned, harbered, eentrelled er kept, emeept where kept under eentrel by fifteans ef an enelesure er in the ease ef degs, a leash. Every female deg in heat shall breedi. The owner, custodian or keeper of any animal which roams, runs or strays away from the premises where the animal is owned, harbored or kept, shall be guilty of a misdemeanor. Ordinance - Page 4 saw chbbck06.202 9.20.031 Offenses. it shall: be tinlawful: for an!, x permit the aninal te de any of the fellewing aets-f- The owner, custodian or keeper whose animal does any of the following acts shall be guilty of a misdemeanor: A. Bite or attempt to bite any person. B. Scatter garbage, refuse -or-debri-S other than that located on the premises of the owner, custodian or keeper. C. Chase any person, vehicle or animal outside of the premises of the owner, custodian or keeper. D. Deposit fecal material on any property not that of its owner erl custodian or keeper. 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, custodian or keeper or the property of owner, custodian or keeper preperty. Ordinance - Page 5 saw chbbck06.202 ADMINISTRATIVE PROVISIONS Section 1. Repeal of Conflicting Ordinances. The provisions of any Ordinance of the City of Chubbuck, Idaho, and any provision of the Chubbuck Municipal Code which are in conflict with the provisions of this Ordinance are hereby repealed to the extent of such conflict. All other sections and provisions of Chapter 9.20 not herein amended shall remain in full force and effect. Section 2. Severability. If any provision of this ordinance is held invalid, for any reason, by any court of competent jurisdiction, such holding shall not affect the validity or enforceability of any of the remaining provisions. Section 3. Effective Date. The rule requiring an ordinance to be read on three separate days, one of which shall be a reading in full, is hereby dispensed with, and this Ordinance shall become effective upon its passage, approval and publication as provided by law. PASSED BY THE COUNCIL AND APPROVED BY THE MAYOR OF THE CITY OF CHUBBUCK, IDAHO, this 26th. day of July 1994. YOR ATTEST: '1 '2JYL/ CITY CLERK Ordinance - Page 6 saw chbbck06.202 SUMMARY OF ORDINANCE NO. 418 An ordinance of the City of Chubbuck, a municipal corporation of the state of Idaho, amending Section 9.20.010 of the animal control ordinance to eliminate duplication and redundancies; and 9.20.030 and 9.20.031 to provide strict liability for an animal owner who allows an animal to run at large; providing for the repeal of conflicting ordinances; providing that all other provisions of Chapter 9.20 not amended shall remain in full force and effect; providing for the severability of the provisions of this ordinance; providing that this ordinance shall be in full force and effect after its passage, approval and publication as allowed by law. The context of this ordinance is available at the City Clerk's Office, Chubbuck City Offices, 5160 Yellowstone, Chubbuck, ID 83202 I have reviewed the foregoing summary and believe it provides a true and correct summary of Ordinance No. 418 and that the summary provides adequate notice to the public of the contents of this ordinance. DATED this / day of August, 1994. C 1 Thomas J. Holm City Attorney SUMMARY OF ORDINANCE NO. 418 - Pape 1 dac chbbck08.012