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CHUBBUCK www.CityofChubbuck.us
I D A H D
Dog Barking/Nuisance
City Code:
9.20.031: OFFENSES:
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 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, 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 the owner, custodian or keeper. (Ord. 418 §2, 1994)
9.20.060: CRIMINAL PENALTIES:
The violation of any provision of this chapter shall be a misdemeanor. (Ord. 630 § 1, 2006)
CITY OF CHUBBUCK, IDAHO
ORDINANCE NO. T.
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.
B. uAlle�— hall mean topermitby negleeting to
restrain __ . (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 1
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d
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
uitbleto confine
an animal in conjunction with other measures which may be taken
by the owner sueh as tethering efthre—an-imal. 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 e e .
K. "Dog" shall mean any member, ale 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
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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 or
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
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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:
� L. 1
9.20.030 Animals at Large. T�snal l be -=u=rawf-ul: fee
T
harbored,
eentrelled er kept by hifft er her, te ream, run er stray away frefft
the prefftises in whieh the animal is owned, harbered, eentrelled
er kept, emeept where kept under eentrel by faeans 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
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9.20.031 Offenses. it shall: be tinlawful: fer an!, x
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--er 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
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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.
4Y4ORtZ
ATTEST:
CITY CLERK
Ordinance - Page 6
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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.
1
Thomas J. Holm City Attorney
SUMMARY OF ORDINANCE NO. 418 - Page 1
dac chbbck08.012
CITY OF CHUBBUCK, IDAHO
ORDINANCE NO. 630
AN ORDINANCE OF THE CITY OF CHUBBUCK, IDAHO, AMENDING SECTION
1. 12.010 TO PROVIDE FOR MISDEMEANOR PENALTIES OF UP TO ONE
THOUSAND DOLLARS OR SIX MONTHS IN JAIL OR BOTH; AMENDING
SECTIONS 5.05.230, 9.20.060 AND 9.24.050 TO CONFORM PENALTIES TO THE
GENERAL MISDEMEANOR PENALTY; REPEALING PRIOR CONFLICTING
ORDINANCES; PROVIDING FOR THE SEVERABILITY OF THE PROVISIONS OF
THIS ORDINANCE; PROVIDING THAT ALL OTHER SECTIONS AND
PROVISIONS OF CHAPTERS 1. 12, 5.05, 9.20 AND 9.24 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: I
Section 1. Sections 1.12.010, 5.05.230, 9.20.060, and 9.24.050 are amended as follows:
General
1.12,010 Fine and imprisonment. Any person convicted of a violation of any ordinance of the
city, other than an ordinance the violation of which constitutes an infraction, may be fined in a
sum not to exceed tince hit khed one thousand dollars for any offense and such person may be
confined in jail for a period of not more than six months. Either or both such fine and
imprisonment may be imposed; and in addition thereto, any person so convicted shall pay such
costs as the court may assess.
Pawnbroker
5.05.230 Penalty. Any person, firm or corporation violating any provision of this chapter shall
be deemed guilty of a misdemeanor. .md upon coirviction thereof shall be fined in mi aniount not
exceeciffig thirty (36) dorys-or be both to fined and imprisoi Each day that such violation
occurs or continues shall be deemed a separate offense.
Animal Control
9.20.060 Criminal Penalties. The violation of any provision of this Chapter shall be a
misdemeanor. ,
Parental Responsibility of Children
9.24.050 Violation; Penalty. Any parent violating the terms of this Chapter shall be guilty of a
misdemeanor and subject to a minimum fine of not less than twenty five dollars ($25.00) nor
MOM than three iybn&ed dolins ($300.60) for the first offense and a fine for a second or
subsequent violation of not less than fifty dollars ($50.00) nor more than tIlTee hundred dollars
($300.00).
Ordinance - Page 1
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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 Chapters 1. 12, 5.05, 9.20 and 9.24 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 12THday of DECEMBER , 2006.
-& a
ven M. England, May
ATTEST:
Ron Conlin, City Clerk
Ordinance - Page 2
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