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SUBMITTED BY
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BILL NO.37
ORDINANCE NO.2896
AN ORDINANCE AMENDING CHAPTER 8, ARTICLE 3, SECTION 9 OF THE CALDWELL CITY CODE
REGARDING ANIMAL CONTROL AND AMENDING CHAPTER 10, ARTICLES 2 AND 3 OF THE CALDWELL
CITY CODE REGARDING THE LAND USE SCHEDULE, LAND USE REGULATIONS FOR ANIMALS, AND
DEFINITIONS; PROVIDING FOR AN EFFECTIVE DATE; PROVIDING FOR SEVERABILITY; AND
REPEALING ALL ORDINANCES, RESOLUTIONS, ORDERS, AND PARTS THEREOF IN CONFLICT
HEREWITH.
BE IT ORDAINED by the Mayor and Council of the City of Caldwell, County of Canyon, State of Idaho:
Section 1. That Chapter 8, Article 3, Section 9 of the Caldwell City Code shall be amended as follows:
08-03-09: CANINE LICENSING:
(2) Kennel License; Application: It is unlawful to keep, maintain or possess
household more than three (3) canines six (6) months of age or older within the City. unless the establishment
meets all of the qualifications and requirements for a commercial kennel. A commercial kennel license, in
addition to the required canine license for each canine, shall be obtained. Such kennel license shall only be
permitted and issued in accordance with the terms and provisions of applicable land use regulations stated in
Chanter 10 of this code.
keninel "Gense-shall be mailed to all QWA8FS of pmpeFty within six hundFed feet (600') of the traGt where
Exception: Any establishment that keeps, maintains or possesses more
than three (3) canines as of January 1 2012 may keep all canines, even if the qualifications and requirements
for a commercial kennel aren't met and does not need a commercial kennel license. All canines, regardless of
number, shall be licensed and those establishments that do qualify as a commercial kennel shall obtain such
kennel licensing. Such establishments that exceed the maximum of three (3). but do not meet the qualifications
of a commercial kennel shall not be permitted to keep maintain or possess any additional canine beyond the
number possessed as of Januanyl 2012. Neither shall they be allowed to replace any canines until such
replacement will Yield a number of canines to be three or fewer. NOTE: For purposes of this grandfather clause.
,u aD#-mWiehm&&n+e 4hnt haves mnre than three M canines as of January 1. 2012 must slow proof that all canines
have been licensed no later than 2012. Any a blishment that has more than three 3 canines that
does not have proof of licensure for ev canine Rrior to A 2012 will be prohibited frorn having more than
three 3 canines nless they meet the hualifications for and-Wr-P-11ge as a mercial kennel.
A. License Fees: A kennel lic sh II is I when the appli of p y the annual kennel
license fee plus the annual tag fee for each canine six (6) months age or older to be kept in
the kennel, provided the requirements established in this section have been fulfilled.
1. Kennel licenses shall only be issued by the City Clerk's office and only. after an
Application for A Kennel has been completed by the applicant and submitted to the Planning
and Zoning Department for review and approval. Upon receipt of an Application for A Kennel
the Planning and Zoning Department shall review and approve or deny said application. The
Planning and Zoning Department shall then notify both the applicant and the City Clerk's office
of the status of the application If the application has been approved, the City Clerk will then
proceed with the process of issuing the kennel license.
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Ord. No. 2896 (Kennel definitions and use) Page '1f 2
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GB. Condition; Noise: Said canine kennel shall be kept at all times in a clean and sanitary condition,
and the canines shall be reasonably restrained from annoying the neighborhood or the general
public by loud, frequent, or habitual barking, yelping or howling.
Section 2. That Chapter 10 of the Caldwell City Code shall be amended as follows:
10-02-02: Land Use Schedule:
Table 1 — Land Use Schedule
RS-1
RS-2
I R-1
R-2
I R-3
C-1
C-2
C-3
C-4
1
2
I-P
D
C-D
H-D
Commercial -
Service:
Commercial Kennel
P
P
P
P
P
P
10-02-15(4)C.6.(C) Dogs (see serAien 08 93 Cha ter 8 Article 3 of this code for further rules on dogs) 3
10-03-11: DEFINITIONS:
COMMERCIAL KENNEL. An establishment in which more than three (3) dogs or other domesticated animals
are regularly and routinely housed, groomed, bred, boarded, trained, and/or sold, all for a fee for compensation.
10-13-03: Table 10-13-1
Land Use Schedule for Mixed Use Districts
T-N
H-C
Commercial — service:
Commercial Kennel
S
S P
Section 3. All ordinances, resolutions, orders or parts thereof in conflict herewith are hereby repealed,
rescinded and annulled.
Section 4. This ordinance shall be in full force and in effect from and after its passage, approval and publication,
according to law.
Section 6. This ordinance is hereby declared to be severable. If any portion of this ordinance is declared invalid
by a court of competent jurisdiction, the remaining provisions shall continue in full force and effect and shall be
read to carry out the purposes of the ordinance before the declaration of partial invalidity.
PASSED AND ADOPTED BY THE COUNCIL OF THE CITY OF CALDWELL, IDAHO,
this day of .2012
APPROVED BY THE MAYOR OF THE CITY OF CALDWELL, 1DAHO,
this day of 2012.
Garret Nancolas, Mayor
ATTEST:
Debbie Geyer, City Clerk
Ord. No. 2896 (Kennel definitions and use)
(' C
ORDINANCES OF THE CITY OF CALDWELL
NOTICE OF ADOPTION AND SUMMARY OF
ORDINANCE NO. 2896
AN ORDINANCE ENACTED BY THE CALDWELL CITY COUNCIL AMENDING CHAPTER 8,
ARTICLE 3, SECTION 9 OF CITY CODE REGARDING ANIMAL CONTROL AND AMENDING
CHAPTER 10, ARTICLES 2 AND 3 OF CITY CODE REGARDING THE LAND USE SCHEDULE,
LAND USE REGULATIONS FOR ANIMALS, AND DEFINITIONS; PROVIDING FOR AN
EFFECTIVE DATE; PROVIDING FOR SEVERABILITY; AND REPEALING ALL ORDINANCES,
RESOLUTIONS, ORDERS, AND PARTS THEREOF IN CONFLICT HEREWITH.
Section 1: Amends Chapter 8, Article 3, Section 9 of the Caldwell City Code, regarding canine licensing, as
follows:
(1) Specifically prohibits commercial kennels unless all qualifications and requirements are met, including
a commercial kennel license.
(2) Establishes an exception grandfather clause for those dwellings that possess more than three canines as
of January 1, 2012 by allowing them to cont' as Ion& as no fttrtber canines are added, all canines are
licensed, and proof of licensure takes place b3012. ff
(3) Establishes the process for issuance of a commercial kennel license.
Section 2: Amends Chapter 10 of the Caldwell City Code, regarding the zoning ordinance, as follows:
(1) Identifies which land use zones are allowed to have a commercial kennel.
(2) Provides a definition for a commercial kennel.
Section 3: Repeals conflicting ordinances, resolutions and orders.
Section 4: Provides that this ordinance shall be in full force and effect from and after its passage, approval, and
publication, according to law.
Section 5: Provides for severability.
Ordinance No. 2896 provides an effective date, which shall be when published in the Idaho Press Tribune on the
26`h day of March, 2012, Ordinance No. 2896 was passed by the Council and approved by the Mayor on the 19'h
day of March, 2012. The full text of the Ordinance is available at Caldwell Planning & zoning Department, 621
Cleveland Boulevard, Caldwell, Idaho. The Mayor and City Council approved the foregoing summary on the
19'h day of March, 2012 for publication on the 26'h day of March, 2012, pursuant to Idaho Code 50-901 A.
Mayor Garret L. Nancolas
ATTEST: Debbie Geyer, City Clerk
STATEMENT OF LEGAL ADVISOR:
I have reviewed the foregoing summary and believe
that it provides a true and complete summary of Ordinance
No. 2896 and provides adequate notice to the public as to
the contents of such ordinance.
DATED this 190' day of March, 2012
Mark Hilty, Attorney for City of Caldwell
r E
BILL NO.37
ORDINANCE NO.2896
AN ORDINANCE AMENDING CHAPTER 8, ARTICLE 3, SECTION 9 OF THE CALDWELL CITY CODE
REGARDING ANIMAL CONTROL AND AMENDING CHAPTER 10, ARTICLES 2 AND 3 OF THE CALDWELL
CITY CODE REGARDING THE LAND USE SCHEDULE, LAND USE REGULATIONS FOR ANIMALS, AND
DEFINITIONS; PROVIDING FOR AN EFFECTIVE DATE; PROVIDING FOR SEVERABILITY; AND
REPEALING ALL ORDINANCES, RESOLUTIONS, ORDERS, AND PARTS THEREOF IN CONFLICT
HEREWITH.
BE IT ORDAINED by the Mayor and Council of the City of Caldwell, County of Canyon, State of Idaho:
Section 1. That Chapter 8, Article 3, Section 9 of the Caldwell City Code shall be amended as follows:
08-03-09: CANINE LICENSING:
(2) Kennel License; Application: It is unlawful to keep, maintain or possess
hmise;held more than three (3) canines six (6) months of age or older within the City unless the establishment
meets all of the gualifications and re uirements for a commercial kennel. A commercial kennel license, in
addition to the required canine license for each canine, shall be obtained. Such kennel license shall only be
permitted and issued in accordance with the terms and provisions of applicable land use regulations stated in
Chapter 10 of this code. pFevided,
kennel "Gens-e-rchall be ma4led tG all owAeFS Of PFOPOFty WithiR six hundred feet (600') of the tFart where sun-h
kennel as to IbA-Arontod nr maintained. Exception: Any establishment that keeps, maintains, or possesses more
than three l3) canines as of January 1, 2012 may, keep all canines, even if the qualifications and requirements
for a commercial kennel aren't met, and does not need a commercial kennel license. All canines, regardless of
number, shall be licensed and those establishments that do qualify as a commercial kennel shall obtain such
kennel licensing. Such establishments that exceed the maximum of three (3). but do not meet the qualifications
of a commercial kennel, shall not be permitted to keep, maintain or possess any additional canine beyond the
number possessed as of January 1. 2012. Neither shall they be allowed to replace any canines until such
replacement will yield a number of canines to be three or fewer.
A. License Fees: A kennel license shall be issued when the applicant pays the annual kennel
license fee plus the annual tag fee for each canine six (6) months of age or older to be kept in
the kennel, provided the requirements established in this section have been fulfilled.
1. Kennel licenses shall only be issued by the City Clerk's office and only after an
Application for A Kennel _has been completed by the applicant and submitted to the Planning
and Zoning Deoartment_for review and approval. Upon receipt of an Application for A Kennel.
the Plannina and Zoning Department shall review and poprove or deny said application. The
Planning and Zoning Department shall then notify both the agglicant and the Cily Clerk's office
of the status of the application. If the apRlication has been anproved. the City Clerk will then
proceed with the process of issuing the kennel license.
G-.B. Condition; Noise: Said canine kennel shall be kept at all times in a clean and sanitary condition,
and the canines shall be reasonably restrained from annoying the neighborhood or the general
public by loud, frequent, or habitual barking, yelping or howling.
Section 2. That Chapter 10 of the Caldwell City Code shall be amended as follows:
Ord. No. 2896 (Kennel definitions and use) (ge—'
of 2
r
10-02-02: Land Use Schedule:
Table 1 — Land Use Schedule
W
I
RS-1
RS-2
RA
R-2
R-3
C-1
C-2
C-3
C-4
M-
M-
1-P
C-D
H-D
Commercial -
Service:
Commercial Kennel
P
P
P
P
P
P
10-02-15(4)C.6.(C) Dogs (see seGtien 08 Q3 Chapter 8. Article 3 of this code for further rules on dogs) 3
10-03-11. DEFINITIONS:
COMMERCIAL KENNEL: An establishment in which more than three (3) dogs or other domesticated animals
are regularly larly and routinely housed, groomed, bred, boarded, trained, and/or sold, all for a fee for compensation.
10-13-03: Table 10-13-1
Land Use Schedule for Mixed Use Districts
T-N I H-C
Commercial —service:
Commercial Kennel 19 p
Section 3. All ordinances, resolutions, orders or parts thereof in conflict herewith are hereby repealed,
rescinded and annulled.
Section 4. This ordinance shall be in full force and in effect from and after its passage, approval and publication,
according to law.
Section S. This ordinance is hereby declared to be severable. If any portion of this ordinance is declared invalid
by a court of competent jurisdiction, the remaining provisions shall continue in full force and effect and shall be
read to carry out the purposes of the ordinance before the declaration of partial invalidity.
PASSED AND ADOPTED BY THE COUNCIL OF THE CITY OF CALDWELL, IDAHO,
this day of 2012
APPROVED BY THE MAYOR OF THE CITY OF CALDWELL, IDAHO,
this day of , 2012.
Garret Nancolas, Mayor
ATTEST:
Debbie Geyer, City Clerk
Ord. No. 2896 (Kennel definitions and use) Page 2 of 2
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BILL NO.37
ORDINANCE NO. 2896
AN ORDINANCE AMENDING CHAPTER 8, ARTICLE 3, SECTION 9 OF THE CALDWELL CITY CODE
REGARDING ANIMAL CONTROL AND AMENDING CHAPTER 10, ARTICLES 2 AND 3 OF THE CALDWELL
CITY CODE REGARDING THE LAND USE SCHEDULE, LAND USE REGULATIONS FOR ANIMALS AND
DEFINITIONS; PROVIDING FOR AN EFFECTIVE DATE; PROVIDING FOR SEVERABILITY; AND
REPEALING ALL ORDINANCES, RESOLUTIONS, ORDERS, AND PARTS THEREOF IN CONFLICT
HEREWITH.
BE IT ORDAINED by the Mayor and Council of the City of Caldwell, County of Canyon, State of Idaho:
Section 1. That Chapter 8, Article 3, Section 9 of the Caldwell City Code shall be amended as follows:
08-03-09: CANINE LICENSING:
(2) Kennel License; Application: It is unlawful to keep, maintain or possess upon the premises of any one
household more than three (3) canines six (6) months of age or older within the City unless the owner or person
in charge thereof, shall obtain either a domestic or a commercial kennel license in addition to the required
canine license for each canine. Such kennel license shall only be permitted and issued in accordance with the
terms and provisions of applicable land use regulations stated in Chapter „10 of this code. ,
PF9P8Fty With & A s*x hundred feet (600') of !he tpact wha;:A Ruch konF;el is to be eren-ted- or Definitions
of commercial kennel and domestic kennel are contained within section 10-03-11 of this code. A domestic
kennel license shall be re uired for those establishments that keep— harbor, ossess accept or maintain
custody, control or care of four 4 canines six 6 months of age or older and meet the qualifications for a
domestic kennel as outlined in section 10-03-11. A commercial kennel license shall be required for those
establishments that keep, harbor, possess, accept or maintain custody, control or care of five (5). or more
canines six (6) months of age or older and meet the, qualifications for a commercial kennel. An establishment
that does not meet the qualifications for a commercial kennel is prohibited from keeping, harboring_possessing
accepting or maintaining custody, control, or care of or licensing more than four (4) canines six (6) months of
age or older.
A. License Fees: A kennel license shall be issued when the applicant pays the annual kennel
license fee plus the annual tag fee for each canine six (6) months of age or older to be kept in
the kennel, provided the requirements established in this section have been fulfilled.
1. Kennel licenses shall only be issued „by_ the City Clerk's office and only after an
Application for A Kennel has been completed by the applicant and submitted to the Planning
and Zoning Department for review and approval. Upon receipt of an Application for A Kennel
the Planning and -Zoning Department shall review and approve or deny,said application. The
Planning and Zoning Department shall then notify both the applicant and the City Clerk's office
of the status of the application. If the application has been approved. the City Clerk will then
0 - - - - - W-
- - - -
G B. Condition; Noise: Said canine kennel shall be kept at all times in a clean and sanitary condition,
and the canines shall be reasonably restrained from annoying the neighborhood or the general
public by loud, frequent, or habitual barking, yelping or howling.
Section 2. That Chapter 10 of the Caldwell City Code shall be amended as follows:
Ord. No. (Kennel definitions and use) P e 1 of 3
L3
10-02-02: Land Use Schedule:
Table 1 — Land Use Schedule
RS-1
IRS-2
R-1
R-2
R-3
C-1
C-2
C-3
C-4
M
2
I-P
p
C-D
H-D
Residential:
Domestic Kennel
P
P
P
P
P
P
P
P
P
P
P
P
P
_
P
Commercial -
Service:
Commercial Kennel
P
P
P
P
P
10-02-15(4)C.6.(C) Dogs (see Chapter 8, Article 3 of this code for further rules on dogs) 3 4
10-03-11: DEFINITIONS:
COMMERCIAL KENNEL: An establishment in which more than three (3) dogs or other domesticated animals
are housed, groomed, bred, boarded, trained, and/or sold, all for a fee for compensation.
DOMESTIC KENNEL: Any dwelling wherein the resident owns no more than four (4) dogs and does not provide
any animal services for fees or compensation.
10-13-03: Table 10-13-1
Land Use Schedule for Mixed Use Districts
T-N
H-C
Residential:
Domestic Kennel
P
P
Commercial — service:
Commercial Kennel
S
S P
Section 3. All ordinances, resolutions, orders or parts thereof in conflict herewith are hereby repealed,
rescinded and annulled.
Section 4. This ordinance shall be in full force and in effect from and after its passage, approval and publication,
according to law.
Section 5. This ordinance is hereby declared to be severable. If any portion of this ordinance is declared invalid
by a court of competent jurisdiction, the remaining provisions shall continue in full force and effect and shall be
read to carry out the purposes of the ordinance before the declaration of partial invalidity.
PASSED AND ADOPTED BY THE COUNCIL OF THE CITY OF CALDWELL, IDAHO,
this day of , 2012
APPROVED BY THE MAYOR OF THE CITY OF CALDWELL, IDAHO,
this day of 2012.
ATTEST:
Ord. No. (Kennel definitions and use) P of 3
��s
Garret Nancolas, Mayor
Debbie Geyer, City Clerk
Ord. No. (Kennel definitions and use) Page 3 0 3 _
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APPLICATION FOR ORDINANCE AMENDMENT
City of Caldwell Planning and Zoning Department
621 E. Cleveland Blvd., Caldwell, ID 83605
Phone: (208) 456-3021
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APPLICANT: PHONE.
ADDRESS, CITY, STATE, ZIP: _
" APPLICANT EMAIL:
(' Requested so we may email the applicant our Staff Report)
ATTACHMENT:
Copy of the proposed ordinance amendment
I understand this application will not be considered complete (nor will a hearing date be scheduled) until
all required information has been submitted and verified for due process consideration. All the
information, statements, attachments, and exhibits transmitted with this application are true to the best of
my knowledge.
SIGNATURE
f FOR OF
FEES: $ Date Received: Received la
r"
DATE c "
ONLY
Verification of Completeness By: Date:
Pg c I or I Revised 4/08