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0716 Disposition of Unclaimed Animals 2012CITY OF CHUBBUCK, IDAHO ORDINANCE NO. _1 r AN ORDINANCE OF THE CITY OF CHUBBUCK, IDAHO, AMENDING FEES OR PENALTIES UNDER CHAPTER 9.20, "ANIMAL CONTROL" TO PROVIDE THOSE FEES SHALL BE SET AS THE CITY COUNCIL MAY FROM TIME TO TIME ENACT BY RESOLUTION; ADOPTING NEW SECTION 9.20. 100 TO PROVIDE FEES FOR GENERAL ANIMAL CONTROL SERVICES; REPEALING PRIOR CONFLICTING ORDINANCES; PROVIDING FOR THE SEVERABILITY OF THE PROVISIONS OF THIS ORDINANCE; PROVIDING THAT ALL OTHER SECTIONS OF CHAPTER 9.20 NOT AMENDED SHALL REMAIN IN EFFECT; AND PROVIDING WHEN THIS ORDINANCE IS EFFECTIVE. BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF CHUBBUCK, IDAHO: Section 1. Amended section 09.20.045 for Disposition of Animal Carcass: Section 9.20.045 of the Chubbuck Municipal Code is amended as follows: 9.20.045: DISPOSITION OF UNCLAIMED ANIMALS AND DEAD ANIMALS AND RELEASE OF ANIMALS TO CITY: 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 (60) 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 (60) 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, payment of boarding charges, and an adoption fee set by resolution as adopted from time to time by the Chubbuck city council. 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. Animals cannot be claimed or adopted by a person under age eighteen (18), unless accompanied by a parent or guardian. B. The animal control officer may accept animals turned over by the owner or keeper upon receipt of the fees as set by resolution adopted from time to time by the Chubbuck city council. Any animal turned over to the city in this manner shall be held for adoption for sixty (60) hours but no notice need be given to the owner under this section. C. The animal control officer 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 ten -dollars 0 a fee as set from time to time by resolution of the Chubbuck City Council or the actual cost of disposal, whichever is greater, as a fee for the disposal of the carcass. Section 2. Amended section 09.20.061 foreg n�penalties under Chapter 9.20 "Animal Control: Section 9.20.061 of the Chubbuck Municipal Code is amended as follows: 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 or found to be in Ordinance - Page 1 chubbuck071912.ord re penalties.wpd violation of the following sections of this chapter: 9.20.020, "Licensing" 9.20.026, "Registration Of Vicious Animal" 9.20.030, "Animals At Large" 9.20.031, "Offenses" 9.20.032, "Prohibited Acts" 9.20.033, "Kennels" 9.20.034, "Control Of Vicious Animals" 9.20.050, "Quarantine" 9.20.062, "Action For Damages; Vicious Animal; Civil Penalty" 9.20.064, "Penalties For Violation Of Vicious Animal Provisions" 9.20.070, "Livestock Defined; Animal Units Enumerated" 9.20.080, "Minimum Livestock Facilities" 9.20.090, "Compliance With Zoning Provisions; Facility Standards" may avoid being prosecuted for the violation alleged in the notice of violation by electing to pay to the city clerk, as a civil penalty for such violation, a fee as set from time to time by resolution of the Chubbuck City Council ($25.", unless said fee is not paid within ten (10) days after the issuance of the violation notice, in which event the fee shall be as set from time to time by resolution of the Chubbuck City Council . These penalties shall apply in lieu of other fines set forth by this code unless the owner, keeper or custodian fails to respond to the violation notice. If the owner, keeper or custodian fails to respond to the violation notice within thirty (30) days after the issuance of the violation notice, a misdemeanor citation shall be issued to the owner, keeper or custodian and the violation shall be treated as a misdemeanor, with the penalty as provided in this code for the offense. Section 3. New Section 9.20.100. The following Section 9.20. 100 is hereby adopted: 9.20.100 FEES FOR GENERAL ANIMAL CONTROL: The police department shall charge a fee as set from time to time by resolution of the City Council for the following: a. The release by a pet owner of that pet to the city for adoption or other disposition; b. Euthanization of an older or injured pet; C. Quarantine of an animal after a bite; d. Adoption of a cat or dog; and e. Such other animal control services for which the City Council may enact a fee. Ordinance - Page 2 chubbuck071912.ord re penalties.wpd ADMINISTRATIVE PROVISIONS Section 1. Repeal of Conflicting Ordinances. The provisions of any Ordinance of the City and any provision of the Municipal Code which are in conflict with the provisions of this Ordinance are repealed to the extent of such conflict. All other sections of Chapter 9.20 not herein amended shall remain in effect. Section 2. Severability. The sections of this ordinance are severable. The invalidity of a section shall not affect the validity of the remaining sections. 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 dispensed with, and this Ordinance shall become effective upon its passage, approval and publication. PASSED BY THE COUNI�IL AND APPROVED BY THE MAYOR OF THE CITY OF CHUBBUCK, IDAHO, this 13 t day of R%ye,(,n1Xi- 52012. even M. Englan , yor ATTEST: Richard Morgan, City C k Ordinance - Page 3 chubbuck071912.ord re penalties.wpd