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| Chapter Six, Animal Control ... | ||
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| 6-6-1: DEFINITIONS: As used in this Chapter, the following terms mean | 6-6-2: ENFORCEMENT | 6-6-3: ANIMALS OR POULTRY RUNNING AT LARGE PROHIBITED |
| 6-6-4: OFFENSIVE SMELLS, POULTRY, ANIMALS OR PENS PROHIBITED | 6-6-5: ABANDONING ANIMALS | 6-6-6: DOG AND KENNEL LICENSES; APPLICATION, FEE |
| 6-6-7: TAG; COLLAR REQUIRED | 6-6-8: REPORTING VIOLATIONS | 6-6-9: IMPOUNDMENT |
| 6-6-10: RELEASE OF IMPOUNDED ANIMALS AND POULTRY | 6-6-11: DISPOSITION OF UNCLAIMED ANIMALS AND POULTRY | 6-6-12: IMPOUNDING FEES |
| 6-6-13: VICIOUS DOGS | 6-6-14: ANIMALS IN HEAT | 6-6-15: TEASING AND MOLESTING ANIMALS |
| 6-6-16: INTERFERENCE PROHIBITED | 6-6-17: FREEING IMPOUNDED ANIMALS PROHIBITED | 6-6-18: RECORDS REQUIRED |
| 6-6-19: RABIES CONTROL | 6-6-20: BITE CASES TO BE REPORTED | 6-6-21: VETERINARIAN'S RESPONSIBILITY |
| 6-6-22: EXEMPTION | 6-6-23: STATE LAWS SUPERSEDE | 6-6-24: PENALTIES |
| 6-6-25: ANIMALS AND POULTRY NOT PERMITTED IN CERTAIN PARKS | 6-6-26: ANIMAL FECAL MATTER TO BE REMOVED BY OWNERS | |
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6-6-1: DEFINITIONS: As used in this Chapter,
the following terms mean: ANIMAL SHELTER: Any premises designated by action of the City for the purpose of impounding and caring for all animals found running at large in violation of this Chapter. ANIMAL WARDEN: The person or persons employed by the City as its enforcement officer. EXPOSED TO RABIES: An animal has been exposed to rabies within the meaning of this Chapter if it has been bitten by, or been exposed to, any animal known to have been infected with rabies. KENNEL: Any person, group of persons or corporation engaged in the commercial business of breeding, buying, selling, boarding or training of dogs or who keeps and maintains for any reason, four (4) or more dogs. NUISANCE ANIMAL: Any animal which persistently destroys, disfigures, blemishes or in any manner harms property, or which persistently chases cars or bicycles or pedestrians, or disturbs the peace and dignity and quiet of the City. OWNER: Any person, group of persons or corporation owning, keeping or harboring any poultry or animal. POULTRY: Domesticated birds which serve as a source of food, either eggs or meat, and includes chickens, turkeys, ducks, guinea fowl and pheasants. RESTRAINT: Poultry or animals within the meaning of this Chapter, if controlled by a leash, within a vehicle being driven or parked on the streets or within the property limits of its owner or keeper. Unattended animals or poultry controlled by a leash that allows said animals or poultry access to public sidewalks, streets or alleys shall not be considered under restraint. RUNNING AT LARGE: Any poultry or animal whenever it is not "under restraint" as herein defined. SPAYED FEMALE: Any bitch dog which has been operated upon to prevent conception. VICIOUS DOGS: Any dog which shall bite any person or the wearing apparel of any person, or shall advance upon any person in a ferocious manner such as to put a reasonable person in fear of being attacked or injured by such dog. (Ord. 1214, 7-10-1995) |
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6-6-2: ENFORCEMENT: The provisions of this chapter shall be enforced by the police officers of the city, or any animal control officer of the city specifically designated by the mayor as an animal control enforcement officer. These enforcement officials shall have the authority to act on behalf of the city, including, but not limited to, the authority to investigate complaints, impound and destroy animals, and to take any other lawful action required to enforce the provisions of this chapter or any state laws or regulations relating to animal control. A police officer or an animal control enforcement officer so designated by the mayor shall have the authority to issue citations on an Idaho uniform citation form pursuant to the Idaho misdemeanor criminal rules and the Idaho infraction rules for the violation of animal control laws, rules and regulations within the city. It shall be a violation of this chapter to interfere with any police officer or animal control officer in the performance of his or her duties. (Ord. 1365, 3-24-2003) |
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6-6-3: ANIMALS OR POULTRY RUNNING AT LARGE
PROHIBITED: It shall be unlawful for any animal or poultry to run at large in the city limits at any time. The owner, or any person in charge of said animals or poultry, shall be liable for all damages done by such animal or poultry. It shall be unlawful for any person to lead, herd or drive any animal through the streets of the city without having said animal under restraint; providing, that this chapter shall not prohibit stockmen from driving herds through the city when necessary to transfer them from one pasture to another or for the purpose of shipping, but stockmen so driving stock through the city shall be liable to property owners for all damage done by such stock while being so driven, and such stock shall be driven through the city in as short a time as possible. (Ord. 941, 9-22-1980, eff. 9-24-1980) |
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6-6-4: OFFENSIVE SMELLS, POULTRY, ANIMALS OR
PENS PROHIBITED: It shall be unlawful for any owner, or other person in charge of the care of the animals or poultry in the city, to maintain or care for the same in such a manner that either the animal or poultry, or the pens or runs in which they are housed, become offensive in odor, sight or sound so as to unreasonably interfere with the use and enjoyment of property by owners or renters of other property in the neighborhood; and all animals will be maintained by their owners so as not to become or constitute a "nuisance animal" as herein defined. (Ord. 941, 9-22-1980, eff. 9-24-1980) |
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6-6-5: ABANDONING ANIMALS: It shall be unlawful for any person having the care or ownership of any dog or cat to intentionally and wilfully abandon or leave such animal without making adequate arrangements for its disposition or care. (Ord. 674, 5-15-1967) |
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6-6-6: DOG AND KENNEL LICENSES; APPLICATION,
FEE: It shall be unlawful for any person to own, keep or harbor any dog within the city limits unless such dog over the age of six (6) months is licensed as herein provided, except dogs actually used as seeing eye dogs. Such license shall be issued by the clerk or his/her deputy upon written application stating the name and address of the owner and the name, breed, color, age and sex of the dog. A current certificate showing immunization of such dog against rabies and the license fee required hereunder must accompany such application. A numbered receipt shall be forthwith given to the applicant, and a numbered metallic tag shall hereafter be issued and delivered to the owner as soon as possible. A. The yearly license fee shall be seven dollars ($7.00) for each neutered or spayed dog and ten dollars ($10.00) for each unneutered or unspayed dog. B. Every person engaged in the commercial business of buying, selling, breeding, boarding or training of dogs may, in lieu of licensing each dog, pay an annual kennel license fee of twenty five dollars ($25.00), which shall cover all dogs in the kennel. C. All dog licenses and kennel licenses shall be issued for one year commencing January 1 and expiring December 31. Applications for licenses may be made not more than thirty (30) days prior to the start of the licensing year, and may be made for thirty (30) days after the start of the licensing year without penalty, but when applications for licenses are made more than thirty (30) days after the commencement of the licensing year, the applicant shall be assessed a penalty of fifty percent (50%) of the license fee which amount shall be added to and collected with the regular license fee; provided, if the dog, or kennel did not become subject to licensing until after the start of the licensing year, then no penalty shall be assessed within thirty (30) days after the dog or kennel become so subject to such license. D. In the event that a metallic license tag issued for a dog shall be lost, the owner may obtain a duplicate tag upon the payment of two dollars ($2.00). E. If there is a change in ownership of a dog or kennel during the license year, the new owner may have a current license transferred to his name upon the payment of a transfer fee of two dollars ($2.00). F. It shall be unlawful for any person to use for any dog a license or license tag issued for another dog. G. The licensing and vaccination requirements of this chapter shall not apply to any dog belonging to a nonresident of the city and kept within the city for not longer than thirty (30) days; provided all such dogs are kept within a building, vehicle or other secure enclosure at all times while in the city. H. All licenses issued on or after June 1 of any year shall remain in effect until December 31 of that same year. (Ord. 1324, 11-13-2000) |
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6-6-7: TAG; COLLAR REQUIRED:
The metallic license tag issued upon complying with section 6-6-6 of this chapter shall be a numbered, metallic tag stamped with the number and year for which issued and the shape or design of the tag shall be changed from year to year. Such tag shall be securely fastened to the dog's choke chain, collar or harness and worn by the dog at all times. (Ord. 674, 5-15-1967) |
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6-6-8: REPORTING VIOLATIONS: Any person who: a) observes any poultry or animal running at large within the city; or b) observes a nuisance animal; or c) encounters a vicious dog upon unposted premises within the city while on lawful business thereon, or d) encounters any other violation of this chapter, may promptly report the same to the city police or animal warden and give his (the caller's) name, as full a description as possible of the poultry or animal, the location of the same, and the name of the owner or owners of the same known to the caller. Upon receipt of a report of poultry or of an animal running at large, an investigation shall be immediately initiated by the police or animal warden, and if the same is found to be still running at large, the provisions of section 6-6-9 of this chapter shall apply. If, however, the same be found then under restraint, the reporting person shall be notified and advised that a written complaint must be filed before further action can be taken. Upon filing of a written complaint alleging a violation of any provisions of this chapter, the owner shall be cited in the manner as for violations of any other ordinance of the city, and, in addition, the animal or poultry complained of may be impounded; provided, however, that in the event the owner be acquitted of such charge, no fees may be charged for such impoundment. Upon receiving a report of a vicious dog on unposted premises, or a nuisance animal, the police or animal warden shall reduce said report to writing and have it signed by the reporting person and notify the owner if he is known or can be ascertained, of the report and the name of the person who made the report, and also notify him that such animal must be forthwith and thereafter confined and treated as a vicious dog or nuisance animal, whichever is applicable. An owner, upon such notification, shall immediately confine such animal as herein required, but may, within five (5) days after notification, demand in writing a hearing before the magistrate judge. If the owner does not make such demands, or if the magistrate judge, upon such hearing, determines that such animal is vicious or a nuisance, it shall thereafter continue to be treated and considered accordingly. (Ord. 941, 9-22-1980, eff. 9-24-1980) |
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6-6-9: IMPOUNDMENT: Poultry or any animal found running at large shall be taken up by the animal warden and impounded in the city animal shelter or other secure place, and confined in a humane manner for a period of at least five (5) days. Any animal or poultry not claimed by its owner within said five (5) day period may be disposed of as provided by section 6-6-11 of this chapter; provided, however, that where the ownership of any dog or other animal or poultry has been ascertained by the animal warden, he may, in lieu of impoundment, return the same to its owner. Regardless of whether the animal is returned to its owner or impounded, the animal warden may cite the owner to appear in court to answer to a charge of allowing or permitting poultry or an animal to run at large and, if applicable, of maintaining an unlicensed dog in violation of this chapter. Upon impounding a licensed dog wearing such license, the animal warden shall notify the owner of such dog of the impoundment and of the conditions whereby custody of such dog may be regained. (Ord. 1200, 12-12-1994) |
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6-6-10: RELEASE OF IMPOUNDED ANIMALS AND
POULTRY: Except as hereinafter otherwise provided, an owner shall be entitled to regain possession of animals or poultry upon payment of the appropriate impoundment fee set forth in section 6-6-12 of this chapter; provided, however, that the owner of any dog must first comply with the license requirements of section 6-6-6 of this chapter if such dog is unlicensed; and provided further, that after impoundment of either vicious dogs or nuisance animals, possession of the same will be restored to the owner thereof only by order of the magistrate judge, and application to regain possession of a vicious dog or nuisance animal must be made through the district court. (Ord. 941, 9-22-1980, eff. 9-24-1980) |
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6-6-11: DISPOSITION OF UNCLAIMED ANIMALS AND
POULTRY: At the expiration of said five (5) day detention period, the Animal Warden shall either: A. Dispose of said poultry or animal in a humane manner; B. Transfer title of the same to a responsible person, or to the Humane Society; provided the person or Humane Society pay for the animal's food during the time it has been impounded, and if a dog is released to a person, the license requirement of Section 6-6-6 shall be first fully complied with; or C. In case any animal sold pursuant to the provisions of this Chapter be sold for more than is sufficient to pay the fees on charges aforesaid, such excess shall, by the officer or his assistant making the sale, be deposited with the Clerk, who shall pay such excess upon an order of the governing body, to the owner of such animal or animals or to the person entitled to the possession of the same upon claim and proper proof within one year from date of said sale. (Ord. 941, 9-22-80, eff. 9-24-80) |
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6-6-12: IMPOUNDING FEES: The fees to be charged for poultry and animals impounded hereunder shall be as follows, and the same may not be reclaimed until payment of the same to the Animal Warden or Police Department. A. Dogs: For the first impoundment of such dog within a twelve (12) month period, fifteen dollars ($15.00); for the second impoundment of such dog within a twelve (12) month period, twenty dollars ($20.00); for the third impoundment of such dog within a twelve (12) month period, thirty dollars ($30.00). In addition to such fees, three dollars ($3.00) per each day that such dog has been impounded shall also be charged. After any dog has been impounded three (3) times within any twelve (12) month period, such dog shall not thereafter be released without a specific order of the District Court. B. Any Other Animal: The initial sum of five dollars ($5.00) plus one dollar and fifty cents ($1.50) per day. (Ord. 941, 9-22-80, eff. 9-24-80) |
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6-6-13: VICIOUS DOGS: Any vicious dog shall be confined by its owner within a building or secure enclosure on his property and such property shall be posted with a sign reading "Vicious Dog", "Beware of Dog", or words of like effect. Whenever not so confined, said dog shall be securely muzzled. (Ord. 674, 5-15-67) |
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6-6-14: ANIMALS IN HEAT: Every female animal in heat shall be kept confined in a building or secure enclosure or in a veterinary hospital or boarding kennel. (Ord. 674, 5-15-67) |
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6-6-15: TEASING AND MOLESTING ANIMALS: It shall be unlawful for any person to wilfully and intentionally tease or otherwise molest any animal, or for any parent or guardian of any child under fourteen (14) years of age to knowingly permit such child to tease or molest any animal. (Ord. 674, 5-15-67) |
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6-6-16: INTERFERENCE PROHIBITED: It shall be unlawful for any person to interfere with, hinder or molest the police or Animal Warden in the performance of their duty, or to attempt to release any animal in the custody of the Animal Warden except as herein provided. (Ord. 674, 5-15-67) |
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6-6-17: FREEING IMPOUNDED ANIMALS PROHIBITED:
It shall be unlawful to break open or in any manner, directly or indirectly, aid or assist in breaking open any pen or enclosure within the City/Elmore County Humane Society compound with intent of releasing any animal confined therein. (Ord. 674, 5-15-67) |
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6-6-18: RECORDS REQUIRED:
It shall be the duty of the Animal Warden to keep, or cause to be kept, accurate and detailed records of: A. The licensing, impoundment and disposition of all animals coming into custody; B. All bite cases reported and of the investigation of same; and C. All monies belonging to the City. Said records shall be open to inspection at reasonable times by such persons responsible for similar records of the City, and shall be audited by the City in the same manner as other City records are audited. (Ord. 674, 5-15-67) |
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6-6-19: RABIES CONTROL: Every animal which bites a person shall be promptly reported to the Animal Warden or police, and shall thereupon be securely quarantined at the direction of the Animal Warden or police for a period of ten (10) days, and shall not be released from such quarantine except by permission of the Animal Warden or police. At the discretion of the Animal Warden or police, such quarantine may be on the premises of the owner, at the shelter designated as the City animal shelter, or at the owner's option and expense, in a veterinary hospital of his choice. The owner, upon demand made by the Animal Warden or police, shall forthwith surrender any animal which has bitten a human, or which is suspected as having been exposed to rabies, for quarantine, supervised by a veterinarian, which expense shall be borne by the owner, and may be reclaimed by the owner if adjudged free of rabies, upon payment of fees set forth in Section 6-6-12 and upon compliance of licensing provisions set forth in Section 6-6-6. When an animal under quarantine has been diagnosed as being rabid or suspected by a licensed veterinarian as being rabid and dies while under such observation, the Animal Warden or police shall immediately send the head of such animal to the State Department of Health and Welfare for pathological examination, and shall notify the proper public health officer of reports of human contacts, and the diagnosis made of the suspected animal. When one of both reports have given a positive diagnosis of rabies, the Animal Warden or police shall recommend a City-wide quarantine for a period of thirty (30) days, and upon the invoking of such quarantine, no animal shall be taken into the streets, or permitted to be in the streets, during such period of quarantine. During such period of quarantine, any animal found on the streets or roaming at large will be placed in the City animal shelter. If such animal is unlicensed or is of unknown ownership, it shall be held for a period of forty eight (48) hours, after which it shall be destroyed. During such period of rabies quarantine as herein mentioned, every animal bitten by an animal adjudged to be rabid shall be forthwith destroyed or, at the owner's option and expense, shall be treated for rabies infection by a licensed veterinarian, or held under thirty (30) days' quarantine by the owner in the same manner as other animals are quarantined. In the event there are additional positive cases of rabies occurring during the period of the quarantine, such period of quarantine may be extended for an additional six (6) months. It shall be unlawful for any person to kill, or cause to be killed, any rabid animal, any animal suspected of having been exposed to rabies, or any animal biting a human, except as herein provided, nor remove same from the City limits without written permission from the Animal Warden. The carcass of any dead animal exposed to rabies shall, upon demand, be surrendered to the Animal Warden. The Animal Warden shall direct the disposition of any animal found to be infected with rabies. It shall be unlawful for any person to fail or refuse to surrender any animal for quarantine or destruction as required herein when demand is made therefor by the Animal Warden or police. (Ord. 674, 5-15-67) |
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6-6-20: BITE CASES TO BE REPORTED: It shall be the duty of every physician, or other practitioner, to report to the Animal Warden or police the names and addresses of persons treated for bites inflicted by animals, together with such other information as will be helpful in rabies control. (Ord. 674, 5-15-67) |
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6-6-21: VETERINARIAN'S RESPONSIBILITY: It shall be the duty of every licensed veterinarian to report to the Animal Warden his diagnosis of any animal observed by him as a rabies suspect. (Ord. 674, 5-15-67) |
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6-6-22: EXEMPTION: Hospitals, clinics and other premises operated by licensed veterinarians for the care and treatment of animals are exempt from the provisions of this Chapter, except where such duties are expressly stated. (Ord. 674, 5-15-67) |
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6-6-23: STATE LAWS SUPERSEDE:
In the event any of the procedures outlined herein are now, or may hereafter become, covered by State laws, then such procedures under State laws shall supersede and supplant such procedures and cooperate in every way with State officials in their implementation. (Ord. 674, 5-15-67) |
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6-6-24: PENALTIES: Any person convicted of a violation of any provision of this Chapter, unless otherwise specified, shall be subject to the penalties in accordance with Section 1-4-1 of this City Code. (Ord. 1039, 11-26-84; 1990 Code) |
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6-6-25: ANIMALS AND POULTRY NOT PERMITTED IN
CERTAIN PARKS: It shall be unlawful for the owner of any animal or poultry, or the person in charge of any animal or poultry, to allow or permit the same to be in Richard Aguirre Park, the little league fields or the Basque Field. (Ord. 1214, 7-10-95) |
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6-6-26: ANIMAL FECAL MATTER TO BE REMOVED BY
OWNERS: It shall be unlawful for the owner or the person having charge or control of any animal to permit such animal to defecate and to allow the feces to remain upon any public park, sidewalk, roadway, or on any public or private property not owned or possessed by the owner or person having the charge or control of such animal. The person owning or being in charge, or having control of any such animal shall immediately and securely enclose all feces deposited by the animal in a bag, wrapper, or other container and dispose of it in a sanitary manner. The provisions of this Section shall not apply to a person or persons with disabilities who have the charge or control of a service dog. (Ord. 1214, 7-10-95) |
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