HomeMy WebLinkAbout0233 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repealed and §§9.20.010 through 9.20.062, are hereby added to the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