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0233 Regulation and Licensing of Animals 1982 ORDINANCE NO. 233 AN ORDINANCE OF THE CITY OF CHUBBUCK, IDAHO REPEALING SECTIONS 9.20.010 THROUGH 9.20.060 OF THE CHUBBUCK I'~NICIPAL CODE AND ENACTING NEW SECTIONS 9.20.010 THROUGH 9.20.062 RELATING TO CONTROL OF DOGS; DEFINING TE~,IS; FORBIDDING THE KEEPING OF DOGS WITHIN THE CITY OF CHUBBUCK WITHOUT A LICENSE; ESTABLISHING LICENSE FEES; PROHIBITING OWNERS FROM ALLOWING DOGS, CATS AND LIVESTOCK TO RUN AT LARGE; PROVIDING FOR IMPOUNDMENT OF DOGS, CATS AND LIVESTOCK RUNNING AT LARGE AND IMPOUNDMENT FEES; PROVIDING PENALTIES AND REMEDIES FOR VIOLATIONS; PROVIDING OTHER REGULATIONS RELATING TO CONTROL OF DOGS, CATS AND LIVESTOCK WITHIN THE CITY; REPEALING CONFLICTING ORDINANCES; PROVIDING FOR SEVERABILITY; AND PROVIDING WHEN THIS ORDINANCE SHALL BECOME EFFECTIVE. BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF CHUBBUCK, IDAHO: Section 1. Declaration of Purpose. The City Council of the City of Chubbuck, Idaho hereby finds and declares that dogs, cats and livestock running at large within the City constitute an immediate danger to the health, safety, and welfare of the inhabitants of the City; that unneutered dogs contribute more severely to problems of dogs running at large and resultant problems of impoundment and disposal than do neutered dogs, thereby justifying different treatment and impoundment fees for unneutered dogs than for neutered dogs; that the keeping of more than ~wo (2) dogs at a single premises contribute more severely to problems of dogs running at large and to the problem of regulating the ownership, control and harboring of dogs, thereby justifying different treatment and license fees for three (3) or more dogs at a single premises; and that it is within the police powers of the City granted by Article 12, Section 2, Idaho Constitution, and Section 50-319, Idaho Code, to legislate for the control, including the licensing of dogs and impoundment of dogs, cats and livestock for the public health, safety and welfare. Section 2. Regulation and Licensing of Animals. Sections 9.20.010 through 9.20.060 of the Chubbuck Municipal Code are hereby repealed and §§9.20.010 through 9.20.062, are hereby added to the Chubbuck Municipal Code, which are to read as follows: 9.20.010.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: ALLOW - to permit by neglecting to restrain or prevent. ANIb~L CONTROL OFFICER - any person designated by the Chief of Police to carry out the provisions of this Chapter. ANIP~L SHELTER - any premise designated by the City for the purpose of impounding and caring for animals held under the authority of this Chapter. -1- AT LARGE - to be off the premises of the owner and not under the control of the owner or another person. CAT - any member, male or female, of the family felis catus. CHIEF OF POLICE - The Chief of the Police Department of the City of Chubbuck or any other person acting under his orders or direction. DOG - any member, male or female, of the family canis familiaris. HARBORING - the keeping of any dog. The occupant of any premises on which a dog remains, or to which it customarily returns daily for food and care for three (3) consecutive days or more, is presumed to be harboring or keeping the dog within the meaning of this Chapter. KENNEL - any place other than a veterinary hospital where three (3) or more dogs over four (4) 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. LEASH - a cord, thong, leash, or chain not more than eight (8) feet in length by which a dog is controlled by the person accompanying it. LIVESTOCK - any animal defined as livestock under the terms and conditions of §9.20.070 of the Chubbuck Municipal Code. NEUTEP~D DOG - male or female dogs rendered incapable of reproducing offspring. Proof of such sterilization must be evidenced by a certificate of a licensed veterinarian. OFFICER - any police officer or any person designated by the Chief of Police as an animal control officer. OWNER, CUSTODIAN, OR KEEPER - any person, including any firm, association, partnership, or corporation, or their agents or persons acting with their permission, owning, keeping, or harboring a dog. PREMISES - all of the real property under a person 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. UNDER CONTROL - restrained, by means of a leash, to the owner or other person's immediate proximity, preventing a dog from trespassing upon the property of others or annoying or chasing other persons, animals, or vehicles. VETERINARY CLINIC OR HOSPITAL - 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. VICIOUS DOG - any dog known to have bitten any person other than in self-defense or under provocation, or any dog whose temperament or habits create danger of injury to persons or other animals. 9.20.020. Licensing. The keeping of any dog within the City of Chubbuck 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 (4) months of age which is part of a litter born to a female dog licensed by the City of Chubbuck and owned, kept or harbored by the owner of the property on which the litter is kept, shall not apply to a non-resident keeping a dog within the City for no longer than seven (7) days, and shall not apply to a non-resident keeping a dog within -2- the City for no longer than thirty (30) days under special permit which shall 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 §9.20.024 of this Chapter, shall be prima facie evidence that the dog has not been legally licensed. 9.20.021. Annual License Fee. The license fee for dogs for each calendar year or part thereof shall be as follows: Neutered dog ................. $5.00 per year Unneutered dog ............... $10.00 per year Kennel ....................... $10.00 If the license fee is not paid by March 1 of each year for renewal licenses or within thirty (30) days after a license becomes required during the calendar year (or within 60 days of the effective date of this ordinance), the above fees shall double. If the keeping or harboring of three (3) 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 (2) shall be Ten Dollars ($10.00) in addition to the license fees set forth above. 9.20.022. Veterinary Hospital and Animal Shelter. No dog license fee pursuant to Section 9.20.022 above shall be required of any veterinary clinic or hospital or of an animal shelter, as the same are defined in this Chapter. 9.20.023. License Tag. Upon payment of the required license fee and upon proof of required innoculations, the City Clerk or designate 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 the 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 a showing of payment of the license fee for the current year and the payment of $1.00 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 (10) 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 ordinance. -3- B. Any person whose license is revoked shall, within ten (10) 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. D. The withholding or falsification of any required information on an application shall be ground for refusal to issue a license or for revocation of a license which has been issued. 9.20.030. Animals at Large. It shall be unlawful for any person to cause, permit, or allow dogs, cats or livestock, owned, harbored, controlled, or kept by him or her, to roam, run, or stray away from the premises in which the dogs, cats or livestock are owned, harbored, controlled, or kept, except where a dog or dogs are kept under control by means of a leash or chain not exceeding eight (8) feet in length by the owner or other person; provided that such leash or chain shall not be required for a dog which is securely Confined in any vehicle. Every female dog in heat shall be confined in a building or secure enclosure in such a manner that such female dog cannot come in contact with another dog except for planned breeding. 9.20.031. Offenses. It shall be unlawful for any person owning, harboring, controlling, or keeping any dog, cat or livestock to permit the dog, cat or livestock to do any of the following acts: (a) Bite 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 dog as defined in this Chapter. B. No person shall keep, harbor, or maintain dogs, cats or livestock 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 a dog, cat or livestock shall fail to provide it with adequate food, water, shelter, and necessary veterinary care. D. No person shall beat, cruelly ill-treat, or abuse any dog, cat or livestock. E. No owner of a dog, cat or livestock shall abandon the same. -4- 9.20.033. Kennels. No person shall operate or maintain a kennel within the City of Chubbuck 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 the Chubbuck l~unicipal Code, as from time to time amended. 9.20.040. Impoundment. Any dog found without a license and any dog, cat or livestock found running at large or in violation of any other provision of this ordinance may be impounded and placed in an animal shelter. Any officer taking such action, or receiving an impounded dog, cat or livestock, shall make a registry of such action, entering the breed, color, and sex of such dog, cat or livestock 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 dog, cat or livestock a misdemeanor citation and complaint in the form and manner prescribed by law. 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 ordinance. B. No person shall falsely represent to any police officer or animal control officer his or her address, non-ownership of impounded dogs, cats or livestock, or other information reasonably required by said officer. 9.20.042. Disposition of Danserous Animals. Whenever it shall reasonably appear to an officer attempting to impound a dog, cat or livestock under the provisions of this ordinance that such dog, cat or livestock is dangerous to other persons and that capture cannot be effected safely and promptly, said officer is authorized to destroy the dog, cat or livestock. 9.20.043. Notice of Impounding. Not later than twelve (12) hours after the impounding of any dog, cat or livestock, the owner, if known, shall be notified, either personally or by first class mail addressed to the owner at his last known address, of said impoundment, describing the animal and the place and time of taking and the place and time the animal may be redeemed. 9.20.044. Redemption of Impounded Animals. The owner keeper, or lawful custodian of any dog, cat or livestock impounded under the provisions of this ordinance may reclaim such dog, cat or livestock within sixty (60) hours after receiving personal notice, or after the mailing of notice; provided, however, that a dog shall be released to 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 First Impoundment Second Impoundment Third Impoundment Fourth Impoundment Fifth Impoundment Livestock, Cats and Neutered Do~s $15.00 $25.OO $50.00 $75.00 $100.00 Unneutered Dogs $15.00 $65.00 $90.00 $115.00 $140.00 Maintenance Charges: As reasonably determined by the Chief of Police. -5- No dog shall be released from impoundment until a current license for the dog has been obtained. 9.20 045 Disposition of Unclaimed Dogs. It shall be the duty gf tie animal control officer to keep, or arrange for the keeping~ of all impounded dogs, cats or livestock, if unclaimed, for a period of sixty (60) hours following the giving of personal notice or the mailing of written 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 and payment of maintenance charges, and an adoption fee of Twenty-Five Dollars ($25.00). 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 of Chubbuck, 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. 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 occasion in the preceding twenty-four (24) months, or whose owner or keeper has been issued a citation, on at least one prior occasion in the preceding twenty-four (24) months, because of a violation of 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 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 in §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 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. -6- 9.20.047. 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 dog, cat or livestock which bites any person shall be quarantined for ten (10) 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 Do~s. 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. 9.20.060. Criminal Penalties. The violation of any provision of this ordinance shall be a misdemeanor, punishable by a fine of not to exceed $300.00, or imprisonment for not to exceed six (6) months, or both such fine and imprisonment. 9.20.061. Civil Penalties. The owner, custodian or keeper of any dog, cat or livestock 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 (910.00) per occurrence. Notice of the civil penalty shall be served upon the owner, custodian or keeper personally or by first class mail. Said 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 ($15.00) if it remains unpaid for period of ten (10) days. 9.20.062. Additional Remedies. Any violation of this Chapter which continues for more than twenty-four (24) 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. Section 3. Repeal. Ail prior ordinances or provisions thereof which conflict with this ordinance are hereby repealed to the extent of such conflict. Section 4. Severability. If any section or provision of this ordinance is held invalid by any court of competent jurisdiction, such holding shall not affect the validity of the remaining sections or provisions. -7- Section 5. Effective Date. The rule requiring ordinances to be read on three separate days 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 19th day of January, 1982. Attest: City Clerk -8- RECEIVED ?:i! 2 5 CITY OF CHUBBUCKj_ID__.AHO.___- NOTICE OF ENACTMENT OF ORDINANCE NOTICE IS HEREBY GIVEN THAT: 1. Ordinance No. 233 of the City of Chubbuck, Idaho was passed by the City Council and approved by the Mayor on the 19th day of January, 1982. 2. The ordinance is described as the Chubbuck Dog, Cat and Livestock Regulation. 3. The principal provisions of the ordinance are surmnarized as follows: AN ORDINANCE OF THE CITY OF CHUBBUCK, IDAHO REPEALING SECTIONS 9.20.010 THROUGH 9.20.060 OF THE CHUBBUCK MUNICIPAL CODE AND ENACTING NEW SECTIONS 9.20.010 THROUGH 9.20.062 RELATING TO CONTROL OF DOGS; DEFINING TERMS; FORBIDDING THE KEEPING OF DOGS WITHIN THE CITY OF CHUBBUCK WITHOUT A LICENSE; ESTABLISHING LICENSE FEES; "~.PROHIBITING OWNERS FROM ALLOWING DOGS, CATS AND LIVESTOCK TO RUN AT LARGE; PROVIDING FOR IMPOUNDMENT OF DOGS, CATS AND LIVESTOCK RUNNING AT LARGE AND IMPOUNDMENT FEES; PROVIDING PENALTIES AND REMEDIES FOR VIOLATIONS; PROVIDING OTHER REGULATIONS RELATING TO CONTROL OF DOGS, CATS AND LIVESTOCK WITHIN THE CITY; REPEALING CONFLICTING ORDINANCES; PROVIDING FOR SEVERABILITY; AND PROVIDING WHEN THIS ORDINANCE SHALL BECOME EFFECTIVE. 4. The ordinance is effective upon publication of this notice. 5. Criminal misdemeanor penalties and civil penalties are provided for violations of the ordinance. 6. The full text of this ordinance is available at the Chubbuck City Offices, 5160 Yellowstone Avenue. 7. The foregoing summary is true and complete, and provides adequate notice to the public of the enactment of this ordinance. B. Lynn/W~nmill Chubbu~ity Attorney