Loading...
0172 Dog Nuisance 1976/'"72-, AN ORDINANCE OF THE CITY OF CHUBBUCK, IDAHO, AMENDING ORDINANCE NO. 109 OF THE CITY OF CHUBBUCK, IDAHO, BY REPEALING IN THEIR ENTIRETY SECTIONS 6, 8 AND 10 THEREOF, AND ENACTING IN SUBSTITUTION THEREFOR A NEW SECTION 6 DEFINING A "DOG NUISANCE" AND PROHIBITING IT AS A MIS- DEMEANOR, A NEW SECTION 8 PROVIDING FOR IMPOUNDMENT OF DOGS AND PRESCRIBING FEES RELATED TO IMPOUNDMENT, A NEW SECTION 8A PROVIDING FOR DISPOSAL OF DOGS CONSTITUTING REPEATED NUISANCES; AND A NEW SECTION 10 AUTHORIZING THE MAYOR OF THE CITY TO CONTRACT FOR IMPOUNDMENT SERVICES ON BEHALF OF THE CITY; REPEALING ALL PRIOR CONFLICTING ORDINANCES: PROVIDING FOR THE SEVERABILITY OF PROVISIONS OF THIS ORDINANCE: AND PROVIDING WHEN THIS ORDINANCE SHALL BECOME EFFECTIVE. BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF CHUBBUCK, IDAHO: Section 1: Repeal. Sections 6, 8 and 10 of Ordinance No. 109 of the City of ChUbbuck, Idaho, enacted on the 27th day of June, 1972, are hereby repealed in their entirety. Section 2: Substitution. In substitution for the sections of Ordinance No. 109 repealed above, the following sections are hereby enacted: "Section 6. A dog nuisance is created by any dog which has been found to be running at large, which has caused property damage or personal injury of any kind other than to the owner or the owner's property, which has a vicious nature and is not or cannot be secured by the owner to prevent infliction of property damage or personal injury, or which howls or barks in a manner disturbing the peace and quiet of the surrounding neighborhood. When a dog nuisance is found to exist, the Animal Control Officer appointed by the Mayor with the concurrence of a majority of the City Council, or any member of the Chubbuck City Police Department, shall in person or by letter sent by certified mail warn the owner of the dog in question to abate the nuisance. The individual giving such warning shall keep a copy of the letter, or put a note of the time and place of a warning delivered in person, in his office file for future reference. If the dog in question continues to constitute a dog nuisance within the meaning of this section, the Animal Control Officer or any member of the Chubbuck City Police Department may seize and impound the dog, notifying the owner of such action. A record of the notice shall be kept in the same manner provided above for warnings. It - 1 - shall be unlawful and punishable as a misdemeanor for any person to keep or to harbor a dog which constitutes a dog nuisance as defined herein, after warning has been delivered as provided above." "Section 8. The Animal Control Officer or other person delegated by him with the concurrence of the Mayor, shall impound any dog which is not licensed as required by Section 4 above, which is running at large within the meaning of Section 5 above, or which constitutes a dog nuisance as defined in Section 6 above. Notice to the owner of the dog shall be given in the manner prescribed for warnings (and notices) in Section 6 above. The notice shall inform the owner 0f the time period and terms on which the 'dog may be claimed prior to disposition. The Animal Control Officer or person delegated as provided above may dispose of an impounded dog after five (5) or more days have elapsed following notice of impoundment. A dog may be claimed prior to disposition upon payment of a fee of $15.00 for the first confinement of the animal and $20.00 for the second or any subsequent confinement of the same animal. When the time period herein set forth has expired without claim or without payment of the prescribed fee, the Animal Control Officer or his delegate as provided above may dispose of the dog (1) by delivering it to any person who will pay the impoundment fee, together with necessary licensing costs, if any; or (2) destroying the dog in a humane fashion. All impoundment fees or license fees required for claiming an impounded dog shall be paid to the Chubbuck City Treasurer. Failure to give notice as set forth above shall not prevent disposition of any impounded dog if the Animal Control Officer or his delegate is unable, based upon information on file at the Chubbuck City Offices or information affixed to a collar worn by the dog, to ascertain the name or location of the owner." "Section 8A: Disposal of Dogs Constituting Repeated Nuisances. In lieu of the impoundment and claim procedures set forth above, the Animal Control Officer or any police officer of the City of Chubbuck may cause to be destroyed in a humane fashion any dog which has been seized for constituting a dog nuisance as defined above, and which has previously been found to constitute a dog nuisance on one or more other occasions. Provided, however, that prior to disposal of the animal pursuant to this section, the Animal Control Officer or police officer shall give written notice in - 2 - the manner provided above to the owner, if the owner's identity can be ascertained, stating that the dog will be humanely destroyed on or after a specified date not less than five (5) days after notice is given. On any day prior to the date specified for disposition of the dog, the owner or other interested person may file with the ChubbUck City Clerk a request that destruction of the dog be post- poned until the finding and decision of the Animal Control Officer or police officer can be reviewed by the Chubbuck City Council at its next regular meeting. Such written request shall be accompanied by payment in the amount which would be required in order to claim the dog as provided elsewhere in this ordinance. When such request and payment has been made, the dog in question shall not be destroyed pending the hearing by the City Council. When the hearing is conducted, the person requesting the hearing must appear and show good cause why he should be allowed to claim the dog and hOw he will care for the dog in order to prevent it from continuing to constitute a repeated nuisance. Following the hearing, the City Council shall determine, in its minutes, whether or not the dog should be destroyed as proposed by the Animal Control Officer or police officer. If the Council approves the proposal, the dog 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 dog pending the hearing. If the City Council decides that the proposal should not be approved, the dog shall be released from impoundment after the Animal Control Officer or police officer who proposed its destruction has been satisfied that any terms or~ conditions of release imposed by the City Council have been satisfied; and the payment made by the person requesting the hearing shall be retained by the City as the fee for claiming the dog." ~Section 10. The Mayor is hereby authorized to provide for the creation and maintenance of a facility capable of providing impoundment services. In the alternative, with the concurrence of a majority of the City 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 3: Repeal of prior conflicting ordinances. All prior ordinances of the City of Chubbuck, Idaho, which irreconcilably conflict with this ordinance, are hereby repealed - 3 - to the extent of such irreconcilable conflict. Section 4: Severability. In the event that any section or provision of this amendatory ordinance should be held invalid by any court of competent jurisdiction, such holding shall not affect the validity of the remaining sections or provisions. Section 5: 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 CITY COUNCIL AND APPROVED BY THE MAYOR of the City of Chubbuck, Idaho, this 12th day of October , 19761. ATTEST: - 4 -