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0185 General Crime Code 1977ORDINANCE NO. i]~5 :' ~ AN ORDINANCE OF THE CITY OF CHUBBUCK, IDAHO, ESTABLISHING A GENERAL CRIMINAL CODE; PROVIDING A SHORT TITLE FOR THIS ORDINANCE; PROHIBITING INDIVIDUAL CONDUCT RELATING TO AIDING IN MISDEMEANORS, OBSTRUCTING OR DEPOSITING MATERIAL ON THOROUGHFARES, ESCAPE, OFFENSIVE SUBSTANCES IN PUBLIC PLACES, FALSE REPRESENTATION, AVOIDANCE OF ADMISSION FEES, GIVING ASSISTANCE TO POLICE OFFICERS, LOITERING OR PROI~ING, INTERFERENCE WITH PERFO~RJvtANCE OF DUTY BY AN OFFICER, TRESPASSING, VAGRANCY, CONCEALING OR FALSELY REPORTING INFO~TION TO AN OFFICER, CON- SUMPTION OF BEER, WINE AND INTOXICATING LIDUOR IN PUBLIC PLACES, LITTER AND DIRT, CURFEW FOR JUVENILES, AND PROJECTILE OR EXPLOSIVE WEAPONS; REGULATING USES OF PROPERTY BY EN~RATING GENERAL NUISANCES, PROVIDING FOR RESPONSIBILITY AND ABATEMENT, PROHIBITING INTERFERENCE WITH REMOVAL, ABATEMENT OR DESTRUCTION OF NUISANCES, AND SPECIFYING SPECIAL NUISANCES; REGULATING VEHICULAR AND PEDESTRIAN T~&FFIC BY DEFINING VEHICLES, REGULATING THE PARKING OF VEHICLES, AUTHORIZING CONTROL OF TRAFFIC BY MEANS OF POLICE OFFICERS OR OFFICIAL TRAFFIC CONTROL DEVICES, LIMITING PROCESSIONS OR ASSEMBLAGES UPON PUBLIC THOROUGHFARES, ESTABLISHING SPEED LIMITS FOR VEHICLES ON PUBLIC THOROUGHFARES, PROHIBITING THE OPERATION OF ANY VEHICLES ON PUBLIC PROPERTY OTHER THAN THOROUGHFARES OR ON PRIVATE PROPERTY WITHOUT PERMISSION, AND PROVIDING FOR IMPOUNDMENT OF VEHICLES; CONTROLLING .ANIMALS WITHIN THE CITY BY PROVIDING FOR LICENSING OF DOGS, REGULATING THE PRESENCE OF ANIMALS IN PUBLIC PLACES OR UPON PRIVATE PROPERTIES, PROVIDING FOR ABATEMENT OF ANIMAL NUISANCES, !AND PRESCRIBING THE LOCATIONS AND FACILITIES IN WHICH ANIMALS DEFINED AS "LIVESTOCK" MAY BE KEPT; PROVIDING FOR THE SEVERABILITY OF THE PROVISIONS OF THIS ORDINANCE; REPEALING PRIOR CONFLICTING ORDINANCES; AND PROVIDING WHEN THIS ORDINANCE SHALL BECOME EFFECTIVE. BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF CHUBBUCK, IDAHO: SECTION 1: Short Title. This ordinance shall be known and may be cited as the "Chubbuck Criminal Code." SECTION 2: Individual Conduct. A. Aiding in Misdemeanors. Whenever individual conduct, consisting of~an act or of intentional failure to perform a required act, is declared by ordinance to be a misdemeanor, then every person who counsels, aids, solicits, or incites another in such conduct shall be deemed guilty of a misdemeanor. B. Obs~.ructing or Depositing Materia.!~?n T.~?roughfares. It shall be unlawful and punishable as a misdemeanor for any person to remain or place himself, or to deposit or allow to remain any object or material, in a manner that impedes or is injurious to vehicles or persons, in or upon any public thoroughfare, including any street, highway, vehicular way, pedestrian way or other thoroughfare. It shall further be unlawful and punishable as a misdemeanor for any person to place or allow to be placed any implement, or to enrage in any activity, that causes water, dust or other matter to interfere with the safe operation of any vehicle upon such thoroughfare. No person shall be convicted of an offense under this section unless a police officer has requested him to remove himself or the material, object or implement in question, or to discontinue the offending activity, and said person fails to comply immediately with the request. C. E$cape~. It shall be unlawful and punishable as a misdemeanor for any person who is under arrest or otherwise in lawful custody, and who is charged with violation of any ordinance of the City of Chubbuck or of the laws of the State of Idaho, to escape or attempt to escape from custody. D. Offensive Substances in Public Places. It shall be unlawful and punishable as a misdemeanor for any person to expectorate, spit, urinate, defecate or otherwise deposit human waste or other substance offensive to the senses upon any street, highway, vehicular way, pedestrian way or other thoroughfare open to the public, or in any public park, church, or other building or place open to the public. E. False Representation. It shall be unlawful and punishable as a misdemeanor for any person falsely to represent himself to be an officer of the City of Chubbuck, to attempt to impersonate any such officer, or to oerform any official act on behalf of such officer without authority. F. Avoidance of Admission Fees. It shall be unlawful and punishable as a misdemeanor for any person fraudulently to enter, without payment of the proper admission fee, any theatre, athletic field or facility, exhibition hall, place of entertainment, or any other location where admission fees are charged. G. Giving Assistance to Police Officers. Any police officer is hereby empowered to call to his aid in suppression of a riot or other tumultuous and unlawful assemblage, or when necessary to effect an arrest of any person who has committed an offense in the presence of an officer or for whose arrest such officer holds a warrant issued by a court of competent jurisdiction, any number of citizens over the age of majority that he may deem necessary; and it shall be unlawful and punishable as a misdemeanor for any such person when called to refuse or neglect to render such assistance of which said person is physically capable. H. Loitering or Prowling. It shall be unlawful for any person to loiter or to prowl in a place at a time or in a manner which, under the circumstances, warrants alarm for the safety of persons or property in the vicinity. Among the circumstances which may be considered in determinin~ whether such alarm is warranted are flight upon appearance of a police officer, refusal to identify one's self, or manifest efforts to conceal one's self or any object. Unless flight by the actor or other circumstances make it impracticable, a police officer shall, prior to any arrest for an offense under this section, afford the actor an opportunity to dispel any alarm which would otherwise be warranted, by requesting him to identify himself and to explain his presence and conduct. No person shall be convicted of an offense under this section if the peace officer did not comply with the preceding provision, or if it appears at trial that the explanation given by the actor was true and, if believed by the police officer at the time, would have dispelled the alarm. I. Interference with Performance of Duty by an Officer. It shall be unlawful and punishable as a misdemeanor for any person to interfere with the performance of duty by a police officer or other officer of the City of Chubbuck (1) by physically resisting, delaying or obstructing such officer in the discharge of his duty, (2) threatening harm or otherwise attempting to intimidate such officer during the discharge of his duty, or (3) by soliciting or encouragin~ others to interfere with such officer in the discharge of his duty as provided in clauses (1) or (2) herein. J. Trespassing. It shall be unlawful and punishable as a misdemeanor for any person to take down any fence or to let down any bar, to open any gates so as to expose any enclosure, or to ride, walk, drive, lodge, camp, sleep or engage in any other activity in or on the property of another without the consent of the owner, occupant or person in charge thereof. Without limiting the generality of the foregoing, this prohibition shall apply specifically to any of the enumerated activities conducted upon the property of another, where such activity occurs within an easement which does not expressly grant to the general public the right to engage in such activities upon the property. K. Va r__~. It shall be unlawful and punishable as a misdemeanor for any person (1) to wander abroad and to occupy, lodge or sleep in any vacant or unoccupied barn, garage, shed, shop, or other building or structure, or in any automobile, truck, railroad car or other vehicle without owning the same or without permission of the owner, occupant or person in charge thereof, or (2) to wander abroad and to go from door to door of residential homes or of commercial -4 - or industrial establishments, or to place himself upon any public way or place open to the general public, for the purpose of begging or receiving alms for himself. L. concealing or' Falsely RepOrtin~ Information to an Officer. It shall be unlawful and punishable as a misdemeanor for any person knowingly and intentionally to conceal or withhold knowledge of the commission of, or attempt to commit, any felony or misdemeanor in the City of Chubbuck; and it shall further be unlawful and punishable as a misdemeanor for any person willfully and intentionally to give false information to any police officer or other officer in the City of Chubbuck in the discharge of his duty. M. ConsUmption ~of Beer, Wine and IntOXicating Liquor in Public Places. It shall be unlawful and punishable as a misdemeanor for any person to consum beer, wine, or intoxicating liquor while traveling upon any street, highway, vehicular way, pedestrian way, or other thoroughfare open to the public, or in any park, building or other place open to the public, unless the sale or serving of such beverages is allowed by law at such location; provided, however, that the City Council may by resolutions authorize the Chief of Police to designate and post certain areas of public parks within the City of Chubbuck where such beverages may be consumed. N. Litter and Dirt. It shall be unlawful and punishable as a misdemeanor for any person willfully or negli- gently to cause or to allow to be placed, blown or otherwise deposited upon any street, highway, vehicular way, pedestrian way, or other thoroughfare open to the public, or upon or along any public property or private property of another, except in containers specifically provided therefor, any debris, paper, litter, glass, can, nail, tack, wire, trash or grabage, lighted material, dirt or other waste substance. O. Curfew. (1). It shall be unlawful for any minor to go or to remain upon any pedestrian or vehicular thoroughfare, public place or other premises open to the public, or to operate or to ride in a vehicle at any such location, between the hours of 10:30 p.m. and 5:00 a.m. in the case of minors under the age of sixteen (16) years, or between the hours of 12:00 midnight and 5:00 a.m. in the case of minors sixteen (16) years of age or older. (2). This prohibition shall not apply to (a) a minor accompanied by his or her parent, guardian or other adult person having care and custody of said minor, (b) a minor upon an emergency errand or legitimate business directed or authorized by his or her parent, guardian, or other adult person having the care and custody of said minor, (c) a minor participating in a lawful youth group activity of which the Chief of Police has been notified, or (d) a minor who is lawfully married or who is a member of the Armed Forces of the United States on active duty or on authorized leave from active duty. (3). Any law enforcement officer finding a minor in apparent violation of this curfew restriction shall ascertain the name and address of the minor, warn the minor that he or she is in violation of curfew and direct the minor to proceed at once to his or her home or usual place of abode. The officer shall also cause such action to be reported to the minor's parents, guardian, or Derson having custody or control. If the minor refuses to heed such direction by the officer, or refuses to disclose his or her correct name and address, or if the minor has been advised on any previous occasion that he or she is in violation of curfew, the minor shall be taken to the office of the city police department and the parent, guardian, or other adult - 6 - person having care and custody of the minor shall be requested to come and take charge of the minor. If the parent, guardian, or other adult person cannot be located or fails to come and take charge, or if such parent, guardian, or adult person has been requested to come and take charge on one or more previous occasions, a petition may be filed in a court of competent jurisdiction under the Youth Rehabilitation Act or the Child Protective Act of the State of Idaho, as appro- priate to the circumstancesl P. Projectile or EXplosive Weapons. It shall be unlawful and punishable as a misdemeanor for any person to discharge any instrument that propels shot, bullets, shells, or other projectiles or harmful substances, by the action of gun powder, compressed air, springs, elastic materials, or explosive matter, within the corporate boundaries of the City. Provided, however, that this prohibition shall not apply to supervised activities within a shooting gallery located at a regularly established and licensed place of business, to the conduct of a law enforcement officer in the proper performance of his duty, or to any citizen in the lawful defense of person or property. SECTION 3: USes of PropertZ. A. Enumeration of General Nuisances. It shall be unlawful and punishable as a misdemeanor for any person to create a nuisance by conduct with respect to property, or to maintain or permit the existence of a nuisance due to the condition of property. The following forms of conduct with respect to property, and conditions of property, are hereby declared to be public nuisances: (1). Conduct with Respect to Property: (a). The burning of any hair, leather, rags, or other substances of any kind which produce a - 7 - smell, smoke or odor that annoys or is offensive to persons living in the vicinity or to persons on any nearby pedestrian or vehicular thoroughfare. (b). The drawing or writing of any indecent, profane, or offensive words, pictures or caricatures upon property located on public premises or on premises open to the public. (2). Conditions of Property: (a). Appearance on property, located on pedestrian and vehicular thoroughfares or premises open to the public, of indecent, orofane, or offensive words, pictures or caricatures. (b). Holes, vaults, or cellars which are open and unprotected, or from which grates are missing, located upon or near pedestrian and vehicular thoroughfares or premises open to the public. (c). All cellars, vaults, drains, pools, cesspools, privies, sewers, yards, grounds or premises which for any cause have become foul, nauseous, or a menace to health, or which give forth odors which are offensive to oersons on adjacent properties or to persons on nearby pedestrian or vehicular thoroughfares. (d). All carcasses, decaying flesh, fish, fowl, or vegetables, all deposits of manure or other unwhole- some substances, and all filthy or offensive water or slops, adjacent or in close proximity to private grounds of another, pedestrian or vehicular thoroughfares or other premises open to the public. (e). Any junk items kept adjacent or in close proximity to private grounds of another, pedestrian or vehicular thoroughfares, or premises open to the oublic, unless such items comprise the inventory or materials necessary to the operation of a commercial or industrial enterprise located - 8 - in a zone where such business is permitted, or unless such items are enclosed within a solid structure or other sufficient visual screen. "Junk items" shall include, without limitation, inoperative appliances or fixtures, dismantled or discarded furniture or equipment, scrap metal or lumber, ropes, rubber, glass, rags, paper or bagging, and other salvage or refuse articles. (f). Any building that is structurally unsound, abandoned, deteriorated, or which has become, as to itself or as to its contents, a fire hazard or menace to the public health. (g) Any signs, structures, vegetation or other objects that obstruct the vision of motorists or pedestrians traveling along, entering, or exiting from any street, highway, vehicular way, pedestrian way or other public thoroughfare, and constitute a traffic safety hazard. Provided, that this subsection shall not apply to duly authorized traffic control devices or to items'situated as otherwise specifically permitted by law. B. Responsibility and Abatement. (1). It shall be the duty of the owner and of any lessee, manager, or person in charge of any lot, building, property or premises, upon or with respect to which any nuisance exists or has been created, to remove, abate, or to destroy the nuisance without delay. (2). The Mayor of the City, any member of the police department, or any other officer of the City designated by the Mayor, may give notice in writing that a nuisance be removed, abated, or destroyed within a period not less than ten (10) days. Such notice shall be served upon the responsible parties by certified mail to their last known addresses, and by posting a copy in a prominent place upon premises at or near the location where the nuisance exists. Such notice shall state that any one of the responsible parties may, within ten days following posting and/or mailing, submit a written request for review by the City Council. If such request is submitted, the City Council shall conduct a hearing upon the matter at its next regularly scheduled meeting, and the Council shall decide whether the notice should be modified, withdrawn or enforced as written. (3). In the event of noncompliance with a directive that has not been modified or withdrawn, the Council may adopt a resolution finding that a nuisance has been created or has been permitted to exist, that there has been a failure of compliance with a notice to remove, abate, or destroy the nuisance, and that action by the City is required to protect the public health, safety and welfare in the area affected by the nuisance. Following adoption of such a resolution, the Mayor may direct that employees of the City, or the City's contractors or agents, go upon the premises in question and remove, abate or destroy the nuisance. The City shall be entitled to recover its expense by civil action filed in a court of competent jurisdiction, together with costs and a reasonable attorney's fee. The expense may also be certified to the City Clerk and transmitted to the County Treasurer, and be collected by special assessment upon the property to the extent provided by law. If the certificate is recorded at the office of the Bannock County Recorder, it shall become a lien against the property to the extent provided by law. C. Interference with Removal, Abatement, or Destruction of Nuisance. It shall be unlawful and punishable as a misdemeanor for any person to interfere with, hinder or refuse to allow any authorized city officer, employee, con- tractor or agent to enter upon private or public property for the purpose of enforcing the provisions of this ordinance. D. Special Nuisances. Notwithstanding the foregoing provisions relating to generally enumerated nuisances, prior ordinances of the City governing nuisances created by weeds or by inoperative motor vehicles, and future ordinances of the City governing other specific nuisances, shall be in full force and effect and shall exclusively control their subject matter. SECTION 4: Traffic Control. A. 'Definition' of Vehicle. "Vehicle" shall mean any mechanical device which is self-propelled and/or designed to - 10 - travel along the ground, on water or through the air, including, but not limited to, aircraft, water craft, automobiles, buses, motor bikes, motorcycles, motor scooters, mo-peds, bicycles, and other devices propelled by the effort of the operator, trucks, motor homes, tractors, go-carts, and golf carts. B. Parking of~ Vehicles. It shall be unlawful and punishable as a misdemeanor for any owner or operator of a vehicle to cause or allow a violation of the following regulations: (1). No vehicle shall at any time be parked upon any public thoroughfare, including any street, highway, vehicular way, pedestrian way, or other thoroughfare, in such a manner as to prevent the free and uninterrupted use of the thoroughfare by other vehicles and pedestrians, or of any driveway belonging to or rightfully used by any person other than the person to whom the vehicle belongs. (2). No vehicle of any type on which any dimension is greater than eight feet in width, twenty-one feet six inches in length, or nine feet in height, shall be parked longer than one hour upon any public thoroughfare, including any street, highway, vehicular way, pedestrian way or other thoroughfare. (3). No van, trailer, tractor or other vehicle having a gross capacity greater than six (6) tons shall be parked longer than two hours at any location within a resi- dential zone of the City, as provided by ordinance, unless (a) such parking is for a temporary, non-recurring purpose, or (b) such location is a commercial or industrial enterprise which is subject to a lawful variance from the provisions of the zoning ordinance, or which represents a valid pre-existing use under the ordinance. (4). The City Council may by resolution authorize the Chief of Police to cause lines, markings or barricades to be placed upon public vehicular thoroughfares or parking lots, or upon the curbs adjoining such thoroughfares or lots, to designate prohibited and permitted parking spaces, and to regulate - 11 ingress and egress to and from such thoroughfares and lots. No vehicle shall be parked in violation of such duly painted or placed lines, markings, or barricades; nor shall any vehicle be parked within the moving traffic areas of a vehicular thoroughfare or parking !lot, or at a distance greater than eighteen inches from the curb of any such thoroughfare. C. The City Council may by resolution authorize the Chief of Police to obtain and to place along the rights-of- way of vehicular thoroughfares official traffic control signs and devices, which shall conform to standards prescribed by the Idaho Code. Without limitation, such devices shall include stop signs located at the intersection of any vehicular thoroughfare with the following streets: Yellowstone Avenue, East and West Chubbuck Roads, Hawthorne Road, Hiline Road, Syphon Road, and Whitaker Road. No person operating a vehicle shall violate the commands given, or to fail to heed the warnings provided, by such duly authorized signs and devices. D. ProcesSions or Assemblages. Notwithstanding any other provision of this criminal code, relating to obstruction of public thoroughfares, a procession or assemblage upon such thoroughfares, including strees, highways, vehicular ways, pedestrian ways, or other thoroughfares, may be conducted if application has been made to, and a written permit issued by, the Chief of Police. In considering any such application, the Chief of Police shall evaluate the problems of traffic control and police protection of persons and property. The Chief of Police may prescribe, by the terms of any permit, reasonable limitations upon the size, route, or nature of the procession or assemblage in order to protect the public health, safety and welfare. E. '~Speed Limits. (1). The Mayor and Council find and therefore declare as a matter of public policy that the health, safety and welfare of the inhabitants of the City, as well as of persons visiting the City, require that reasonable limits be imposed upon the speed.at which vehicles may be operated. - 12 - within the City. In recognition of the need to impose reasonable speed limits, the Mayor and Council have charged the City's Traffic, Safety and Beautification Committee (later re-named the Municipal Improvements and Services Advisory Board) to conduct traffic surveys, to consult with City Engineer, to obtain the assistance of the Idaho Department of Transportation, and to recommend reasonable speed limits for the City. The Committee having conducted its study and having presented its findings in public meeting before the Mayor and Council, and the Mayor and Council having considered such findings, together with public comment thereon as the basis for establishing particular limits set forth below, the following limitations are hereby adopted. (2). It shall be unlawful and punishable as a misdemeanor for any person to operate a vehicle upon any public thoroughfare, including any street, highway, vehicular way, or other thoroughfare, at a speed greater than is reasonable and prudent under the conditions and having regard to the actual and potential hazards then existing. In every event, speed shall be so controlled as mav be necessary to avoid colliding with any person, vehicle or other conveyance on or entering the thoroughfare in compliance with legal requirements and the duty of all persons to use due care. Where no special hazard exists that requires lower speed for the purpose of compliance with this subparagraph, the speed of any vehicle not in excess of the limits soecified below shall be lawful, but any speed in excess of such limits shall be prima facie evidence that the speed is not reasonable or prudent and that it is unlawful. (a) o Thirty-five (35) miles Der hour or such other limit as the Idaho Department of Transportation (or its successor agency) may establish, upon any thoroughfare within the City which is part of the highway system maintained by the Idaho Department of Transportation (or its successor agency). - 13 - (b). Thirty-five (35) miles per hour on Poleline Road as it extends from the intersection with Yellowstone Avenue to the southerly boundary of the City. (c). Thirty (30) miles per hour on thoroughfares which are designated herein as "arterial thoroughfares." "Arterial thoroughfares" are East and West Chubbuck Roads, Hawthorne Road, Hiline Road, and Syphon Road. (d). Twentv (20) miles per hour on all thoroughfares not otherwise classified above. (4). The Chief of Police is authorized to post or cause to be posted the foregoing speed limits upon thoroughfares within the City, consistent with the standards for traffic control devices prescribed by the Idaho Code. F. Limitation Upon Operation of Vehicles. It shall be unlawful and punishable as a misdemeanor for any person to operate any type of vehicle upon any public property other than vehicular thoroughfares or parking lots, or to operate a vehicle upon the private property of a person other than the person to whom the vehicle belongs, without permission. G. Impoundment of Vehicles. A police officer of the City may impound a vehicle, by causing it to be towed to a secure place and stored there until claimed, if (1) it is parked or located in violation of this ordinance or its operator has for any reason been rendered incapacitated or unavailable to take charge of it, and (2) the vehicle represents a traffic hazard or is endangered bv potential theft or vandalism unless moved. The police officer shall make reasonable inquiry under the circumstances as to the availability of any person to move the vehicle with the owner's consent. If such person cannot reasonably be identified or located, the police officer may order impoundment by a reputable commercial towing and storage service. Such service shall be summoned on a non-discriminatory basis, unless the owner or operator specifies a particular - 14 - service. The service shall be entitled to charge and collect from the owner of the vehicle reasonable fees for towing and/or storage. This section shall not limit the authority of police officers to impound vehicles incident to search and seizure, or as otherwise permitted by law. SECTION 5: Animal Control. A. Lic'ensing of Dog~. It shall be unlawful and punishable as a misdemeanor for any person to own, harbor, keep or possess a dog over the age of four (4) months within the City without complying with the license provisions herein. Applications shall be made in writing to the City Clerk, in a form prescribed by the Clerk; and licenses shall be issued on a calendar year basis upon payment of the following fees: for each dog certified by a licensed veterinarian as neutered or spayed, $3.00 per year or fraction thereof; for each dog not so certified, $5.00 per year or fraction thereof; and for each dog in excess of two at any single premises, $10.00 per such additional dog whether or not neutered or spayed. Provided, however, that when any dog shall be temporarily in the City, for a period less than thirty days, the owner or person having charge of the dog may obtain a temporary license at no cost. A license tag shall be issued with each license, and such tag shall be securely attached to a substantial, durable collar that the dog shall wear at all times. B. Animals in Public Places or on Private Property. Except as provided herein, it shall be unlawful and punishable as a misdemeanor for any person to cause or allow a dog or animal classified as "livestock" below, which he owns or of which he has charge, to be found upon any public thoroughfare, public park, or other public place, or upon the private property of another without permission. Provided, however, that dogs controlled by leashes not exceeding fifteen feet in length are permitted in public places; and prbvided, further, that the City Council by resolution may authorize the Chief of Police to - 15 - public thoroughfares or areas of public parks or other public places where the riding of horses or equine is allowed. C. Animal NUisances. (1). An animal nuisance is created by any animal (a) which has been found to be running at large, (b) which is not licensed if licensure is required herein, (c) which creates noise disturbing 'the peace and quiet of the surrounding neighborhood, (d) which has caused property damage or personal injury of any kind other than to the owner or the owner's property, or (e) which is diseased or has a vicious nature and is not or cannot be secured by the owner to prevent spread of disease, infliction of property damage or personal injury. (2). When an animal nuisance is found to exist in categories (a), (b) and (c) above, the Chief of Police or his designee shall deliver or send by first class mail a written warning to the owner or person having charge of the animal in question, if known, directing him to abate the nuisance. If the animal in question continues to represent~ an animal nuisance, or if the animal constitutes an animal nuisance in categories (d) or (e) above, the Chief of Police or his designee may seize and impound the animal, giving written notice of such action to the owner or person having charge of the animal in question, by personal delivery or first class mail. It shall be unlawful and punishable as a misdemeanor for any person to own, harbor, keep or possess an animal which constitutes a continued animal nuisance in category (a), (b) or (c), or which constitutes an animal nuisance under category (c) or (e). (3). The Chief of Police or his designee may dispose of an impounded animal after five or more days have elapsed following notice of impoundment. An animal may be claimed prior to disposition upon payment of a fee of $15.00 for the first confinement or $20.00 for any second or subsequent confinement of the same animal, plus the actual cost of care and custody of the animal, as reasonably determined by the Chief - 16 - of Police. ~en the time period herein has expired without claim or without payment of the prescribed fee, the Chief of Police or his designee may dispose of the animal (1) by delivering it to any person who will pay the fee, together with necessary licensing costs, if any; or (2) destroying the animal in a humane fashion. All impoundment fees or license fees required for claiming an impounded animal shall be paid to the Chubbuck City Treasurer. Failure to give notice as set forth above shall not prevent disposition of any impounded animal if the Chief of Police or his designee is unable, following inquiry, to ascertain the name or location of the owner or person having charge of the animal. (4). Notwithstanding the provisions of the foregoing subparagraph, an animal shall not be destroyed if its owner, or other person seeking to claim it, files with the City Clerk 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 above. 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 prevent it from continuing to constitute an animal nuisance. Following the hearing, the City Council shall determine whether or not the animal should be destroyed. If the Council approves destruction, the animal shall be destroyed in a humane fashion and the payment made by the part~ 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 - 17 - the person requesting the hearing shall be retained as the fee for claiming the animal. (5). The Mayor is hereby authorized to provide for the creation and maintenance of a facility 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. D. Location and Facilities ~for Livestock. (!). It shall be unlawful and punishable as a misdemeanor for any person to own, harbor, keep or possess any animal with the City except household pets and "livestock". "Livestock" are defined to consist of cows, inclusive of all bovine; sheep, inclusive of all ovine; goats, inclusive of all caprine; horses, inclusive of all equine; rabbits; and fowl, inclusive of all turkeys, chickens, ducks, geese and pigeons. It shall further be unlawful and punishable as a misdemeanor for any person owning, harboring, keeping or possessing any such "livestock" to fail to comply with the regulations set forth below. (2). Livestock shall comprise "animal units" as follows: cows and horses, one unit each but one-half unit if less than one year of age; sheep and goats, one-half unit each, but one-fourth unit if less than one year of age; rabbits and fowl, one unit for twenty-five of any species or combination thereof. (3). The following minimum facilities standards - 18 - shall be maintained: (a). No animal shall be allowed on any property of less than 15,000 square feet. (b). Not more than one animal unit shall be kept on any property consisting of 15,000 to 20,000 square feet; provided, however, that the animal unit shall be enclosed in a pen or corral containing at least 800 square feet. (c). For each 10,000 feet of property area in excess of 20,000 square feet, one additional animal unit may be kept; provided, however, that each said animal unit shall be enclosed in a pen or corral containing at least 800 square feet per animal unit. (4). Notwithstanding the foregoing provisions, no livestock shall be kept on property not zoned by ordinance for livestock, nor on property less than one-half acre in area, if such property has been subdivided after September, 1972. A preceding ordinance having provided for phase-out of non-conforming animals over a period of one year from September, 1972, there shall be no further phase-out period under this code. (5). All pens or corrals required above, and all sheds, stables, coops, or other structures used for keeping animals, shall be located not less than fifty feet from any structure used for human habitation. Fences or pens, corrals or similar enclosures must be of sufficient height and strength to retain the animals. Ail structures, including sheds, corrals, and stables, shall be constructed and maintained in a manner consistent with the structures located on surrounding properties. Standings under roofed stables or sheds, and pens or corrals, shall be provided with proper drainage and shall not create offensive odors, fly breeding or other nuisances. (6). The foregoing standards shall not apply to animals being treated or kept at a duly licensed veterinary hospital or commercial kennel, nor shall they apply to special and temporary events such as rodeos and livestock expositions. - 19 - (7). Compliance with all animal control regulations set forth above shall be the joint and several obligation of the owner of property where the animal in question is located and of the owner or person having charRe of the animal. SECTION 6: Severabilitv. In the event that any section or provision of this 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 7: RepeaI. All orior ordinances of the City of Chubbuck, Idaho, which irreconcilably conflict with this ordinance, are hereby repealed to the extent of such irrecon- cilable conflict. SECTION 8: 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 c'hubbuck, Idaho, this /~ day of ~7~z~z~ ~ , 1977. ATTEST: Ma.~or ' City Clerk - 20 -