HomeMy WebLinkAboutORD 1599i
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BILL NO. 9
ORDINANCE NO. 1599
AN ORDINANCE TO AMEND TITLE IX, CHAPTER 2, SECTION 29 OF THE MUNICIPAL
CODE OF THE CITY OF CALDWELL, STATE OF IDAHO, REGARDING ANIMALS BY
ADDING CERTAIN LANGUAGE REGARDING MAINTAINING ANIMALS IN THE CITY LIMITS,
PROVIDING FOR A NUISANCE COMPLAINT, AND PROVIDING FOR AN APPEALS BOARD;
AND REPEALING ALL ORDINANCES, RESOLUTIONS, ORDERS OR PARTS THEREOF IN
CONFLICT HEREWITH.
BE IT ORDAINED BY THE MAYOR AND THE COUNCIL OF THE CITY OF
CALDWELL, IDAHO. COUNTY OF CANYON, STATE OF IDAHO:
Section 1. That Section 29, Chapter 2, Title IX of the Municipal
Code of the City of Caldwell be amended to read as follows:
9 -2 -29: ANIMALS:
(A) No swine shall be raised, kept or maintained within the limits
of the City.
No cows, llamas, horses, goats, sheep, rabbits, poultry or any
other animal may be raised, kept or maintained within the City
Limits of Caldwell unless raised, kept or maintained in buildings
or enclosures approved -by- the - Sanitarian -o €- the- Gity - - -A- violation
of- this- provisien- shall -be -a- misdemeanor: in a sanitary manner. The
presence of any decaying food, or any refuse of any kind, or rats
or other vectors shall be prima facie evidence that said animals
are kept or maintained in violation of the provisions of this
section. A violation of this provision shall be a misdemeanor, and
each day such violation is committed or permitted to continue shall
constitute a separate offense and shall be punishable as such
(B) Notwithstanding the provisions of the above section, any resident
within 300 feet of any person, keeping any of the animals in 9- 2 -29(A)
may file a nuisance complaint with the Police Department. A Board
consisting of the Animal Control Officer, the Police Chief or his
representative, the City Sanitarian, the Mayor and if circumstances
indicate need, a member the Southwest Health District will
determine the validity of the complaint. The City Council will act
as an Appeals Board, if necessary. The consideration will include
but will not be limited to the following
ORDINANCE - 1
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(1) Did any person owning or having in his custody or control any
animal or cause or allow any place any animal is or may be kept to
become unclean or unwholesome; or
(2) Did_ any person fail to provide an animal with sufficient good
and wholesome food and water, proper shelter and protection from the
weather, veterinary care when needed to pre vent suffering and with
humane care and treatment; or
(3) Did any person harbor or keep any animal, or to suffer or to
permit such animal, which disturbs the peace and quiet of the
neighborhood by excessive, continuous or untimely barking or other
loud or unusual noises, which molests passers - by,chases vehicles
habitually attacks other domestic animals, trespasses upon public or
private property to the damage of such property or in any way
interferes with the free use or comfortable enjoyment of property
Upon finding any of the above factors present, the Board shall
determine an unlawful act or acts has occurred and declare a
nuisance. The Council may order said animal be removed, be impounded,
or be killed in a humane manner by a police officer, animal control
officer or employee of the City Pound. The Council may also order
any person determined to have acted unlawfully to take such
corrective measures, within a specified time, deemed necessary to
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For the purpose of this provision "any person" means any person
partnership, firm, company, association or corporation
Section 2. All ordinances or parts of ordinances inconsistent
herewith are hereby repealed.
Section 3. This ordinance shall be in full force and effect from
and after its passage, approval and publication according to law.
PASSED BY THE COUNCIL OF THE CITY OF CALDWELL this 12th day of
May , 1981.
APPROVED BY THE MAYOR OF THE CITY OF CALDWELL this 12th day of
May , 1981.
ATTEST:
City Cler