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HomeMy WebLinkAboutORD 1631BILL NO. 19 ORDINANCE NO. 1631 AN ORDINANCE TO AMEND TITLE IX, CHAPTER 2 OF THE MUNICIPAL CODE OF THE CITY OF CALDWELL, STATE OF IDAHO, REGARDING DOGS AND OTHER ANIMALS, BY REPEALING CHAPTER 2, AND ADDING A NEW CHAPTER 2 ESTABLISHING LICENSE REQUIREMENTS, FEES AND OTHER REGULATIONS FOR THE CONTROL OF DOGS AND OTHER ANIMALS; AND REPEALING ALL ORDINANCES, RESOLUTIONS, ORDERS OR PARTS THEREOF IN CONFLICT HEREWITH. BE IT ORDAINED by the Mayor and City Council of the City of Caldwell, Idaho, County of Canyon, State of Idaho: Section 1. That Chapter 2, of Title IX be repealed and a new Chapter 2 be adopted to read as follows: 9 -2 -1: DEFINITIONS: The term "Owner" as used in this ordinance, shall be construed to mean and include any person owning, harboring, or keeping a dog within the corporate limits of the municipality. The term "dog" as used in this ordinance shall mean and include either male or female. The term "municipality" shall mean either the County or the City that has enacted this ordinance. "At large" shall mean off the premises of the owner, and not under the control of the owner or member of his immediate family, either by leash, cord, chain or other means of physical restraint. 9 -2 -2: LICENSE REQUIRED: It shall be unlawful for any person to own, harbor, keep or possess a dog more than six months of age within the municipality without first procuring a license therefore, as provided by this ordinance; provided, however, that the provisions of this ordinance shall not apply to any person visiting in the municipality for a period not exceeding thirty (30) days, and owning or possessing a dog, if such dog is: (A) Currently licensed or bearing the license issued by another municipality or other licensing authority. (B) If such person is a permanent resident where no such license is required. 9 -2 -3: COLLAR AND TAG REQUIRED: Every dog shall at all times wear a substantial and durable collar to which shall be securely attached the required license tag. 9 -2 -4: APPLICATION FOR L.ICENSE AND LICENSE FEES: All dog licenses shall be for a period of either one year or three (3) years from the month of issuance. The owner or person having charge of any dog within the municipality shall make application to the County Assessor for dogs within the unincorporated portion of the County or to the appropriate City Clerk or Designee and pay a license fee as follows: One Year Three Years Male $10.00 $20.00 Female 20.00 40.00 Neutered Male/ 5.00 10.00 Spayed Female An applicant for a neutered male or spayed female license shall present a certificate of a licensed veterinarian that said dog is a spayed female or a neutered male. Upon receipt of an application of payment of fees, the person issuing the license shall issue a receipt designating the owner's name, and the number of the license, the sex of the dog together with a metal tag bearing the number corresponding to that on the receipt. It shall be unlawful for anyone to make a false statement in said application for said license. Upon satisfactory proof that a license has been lost, a new tag of a different number shall be issued upon the payment of a fee of one dollar ($1.00) and the transaction shall be noted upon the municipality's office file for the number originally issued. The municipality may authorize all licensed veterinarians or others designated to issue municipal dog licenses and to receive the sum of two -2- dollars ($2.00) from the municipality for each license sold by that licensed veterinarian or other designee. 9 -2 -5: IMITATION LICENSE TAGS: It shall be unlawful for any person to allow any dog owned, kept or harbored by him to wear a license tag received on account of a former license, or to wear a license tag originally issued to another dog, or to wear any imitation of the license tag issued by the municipality for that year, . or any tag marked on a plate or collar similar to that required by the municipality at that time, and calculated to deceive, and it shall be unlawful for any person to put on a female dog a tag received with a license for a male dog, or to allow any female dog owned by him or within his care or custody to wear a tag issued with a license for a male dog. 9 -2 -6: DOGS RUNNING AT LARGE PROHIBITED: It shall be unlawful for any owner to allow or permit any dog whether licensed or not to be or remain upon the streets, alleys or public places within the municipality or upon any other premises without the consent of the person in possession of such other premises unless: (A) Such dog will be in the charge of a person and controlled by a leash not exceeding ten (10) feet in length. (B) Such dog, if within the unincorporated limits of Canyon County, be under the care and control of a competent and responsible attendant or master. (C) Such dog be confined in a motor vehicle. 9 -2 -7: ANIMALS RUNNING AT LARGE PROHIBITED: Animals shall not be permitted to run at large in the City at any time during the year; and it shall be unlawful for anyone to herd or drive any animal thro; -gh the streets of the City without having said animal under control by means of rope, strap or other device by which it may be led, unless such animal is being driven in harness or hauled; it is hereby made and shall be the duty of any Police Officer of the City to seize and impound any and all horses, mules, cattle, sheep or goats found running at large or herded within the aforesaid City limits. -3- 6 • Provided: That this Chapter shall not be construed as prohibiting stockmen from driving herds through the Municipality when necessary to transfer them from one pasture to another or for the purpose of shipping, but such stockmen so driving stock through the Municipality shall be liable to property owners for all damages done to their, property by such stock while being driven through said Municipality, whether or not such damage is caused by the negligence of the said stockman or his agents. Such stock shall be driven through the Municipality in as short a time as possible. 9 -2 -8: FOWL OR POULTRY RUNNING AT LARGE PROHIBITED: It shall be unlawful for any person to keep fowl or poultry unless such fowl or poultry are at all times kept upon his own premises, within a shed, pen or other enclosure sufficient to restrain said chickens, ducks, geese or other fowl or poultry from trespassing upon the streets, alleys or other property within the limits of the City. No chickens, ducks, geese, turkeys or other fowl or poultry shall be allowed to run at large upon the streets, alleys, occupied or unoccupied lots or parcels of land within the limits of the City. 9 -2 -9: KENNEL LICENSES REQUIRED: It shall be unlawful to keep, maintain or possess upon the premises of any one household more than two (2) dogs more than six months of age unless the owner or person in charge thereof shall have obtained a kennel license. Such kennel license shall only be permitted and issued in accordance with the terms and provisisons of the municipal comprehensive zoning ordinance. Provided, however, that a notice of any public hearing required on any application for a kennel license shall be mailed to all abutting property owners within the boundary line of an area determined by the intersection of lines, six hundred feet (600') at right angles out from and parallel to all sides of the parcel of land where upon such kennel is to be erected or maintained. Where dedicated street rights of way are encountered, they shall be included in establishing the six hundred foot (600') boundary line around the said parcel of land. If a kennel license is issued, the owner thereof shall pay to the Municipality an annual license fee of twenty -five dollars ($25.00). -4- 6 • 9 -2 -10: RABIES: Any peace officer within any municipality shall have authority to order the owner of any dog showing symptoms of rabies or of any dog which has bitten any person causing any abrasion of the skin to tender such dog to the Municipality for quarantine for a period not to exceed fifteen (15) days, and if such dog shall be determined free of rabies, the same shall be returned to the owner upon payment of two dollars ($2.00) for each day the dog has been impounded. If such fee is not paid, the dog shall be subject to disposal within five days (5) after proper notice is given to the owner if the owner can be located. 9 -2 -11: ENFORCEMENT BY ANIMAL CONTROL OFFICER: The enforcement of this ordinance shall be the responsibility of the Sheriff within the unincorporated area of Canyon County or appropriate Police Chief and the Sheriff or Chief of Police shall designate an animal control officer for its department and shall bestow the authority of a deputy Sheriff or Police Officer. Such officer shall be responsible to the Sheriff or Chief of Police for the enforcement of all animal control regulations. 9 -2 -12: INTERFERENCE WITH ANIMAL CONTROL OFFICER PROHIBITED: It shall be unlawful for any person to hinder, molest or in any way interfere with the animal control officer or any person authorized or acting through him, while he is lawfully engaged in the performance of his duties. 9 -2 -13: DISTURBING THE PEACE: No person owning a dog shall suffer or permit such dog to disturb the peace and quiet of the neighborhood by barking, making loud or unusual noises, or by running through or across cultivated gardens. 9 -2 -14: NUISANCES: Any dog found in a Municipality either without a license or running at large in violation of the provisions of this ordinance is hereby declared to be a nuisance and shall be impounded as hereinafter provided. 9 -2 -15: IMPOUNDING: It shall be the duty of the Animal Control Officer and every Police Officer of the City to apprehend any dog found running -5- r • at large contrary to the provisions of this Chapter, and to impound such dog in the County Animal Shelter or other suitable place; provided that if any fierce, dangerous or vicious dog found running at large cannot be safely taken up and impounded, such dog may be slain by any police officer or Animal Control Officer of the City. The Police Officer or the Animal Control Officer so impounding or slaying any dog shall record a description of the dog, whether licensed or not in a book kept for that purpose. If the dog is licensed and shall be wearing a license tag when apprehended or slain, the Police Officer or Animal Control Officer shall also record the name and address of the owner and the number of the tag and make proper notification to the owner. 9 -2 -16: TEMPORARY HOLDING FACILITY: The Chief of Police is hereby authorized and empowered to secure and maintain a suitable facility for the purpose of temporarily quartering animals and preparing them for transport to the County Animal Shelter. 9 -2 -17: DOG IMPOUNDED; HOW REDEEMED: The owner or owners of any dogs impounded hereunder may redeem the same by paying all the costs, charges and penalties assessed, if any, that may have accrued up to making the redemption and when the same are paid to proper authorities at th- County Animal Shelter the animal shall be released. 9 -2 -18: LICENSED DOGS IMPOUNDED: It shall be the duty of the Animal Control Officer to cause notice to be served either in person or by mail upon the registered owner of any licensed dog impounded under the provisions of this ordinance. Any dog not redeemed within five (5) days may be sold or disposed of in a humane manner. 9 -2 -19: UNLICENSED DOGS IMPOUNDED: It shall be the duty of the Animal Control Shelter Personnel to hold for a period of five (5) days any unlicensed dog impounded under the provisions of this ordinance. Any such unlicensed dog not redeemed within five (5) days may be sold or disposed of in a -6- 6-1 J humane manner. 9 -2 -20: RABIES INOCULATION: It shall be unlawful to keep or harbor any dog over the age of six (6) months, in the Municipality unless such dog has been inoculated against rabies by a licensed veterinarian within the preceding three (3) years. No license shall be issued for any dog over the age of six (6) months unless the applicant for such license presents a certificate signed by a licensed veterinarian establishing that the dog has been so vaccinated. 9 -2 -21: ADDITIONAL CHARGES: Any person recovering possession of a licensed dog impounded under the provisions of this ordinance shall, in addition to obtaining a license for the dog if required, pay an impoundment fee as follows: In addition to the impoundment fee, a board fee of two dollars ($2.00) per day shall be paid. The Animal Control Officer of the Municipality, at the request of any person, shall pick up and transport to the County Animal Shelter for disposal, any dog owned by the requestor. The charge for this service shall be established at the Animal Shelter, posted as a part of a regular fee schedule and paid at the time the animal is picked up. 9 -2 -22: IMPOUNDING OF ANIMALS: If any animals shall be found running at large contrary to the provisions of this Chapter, it is hereby made the duty of the Animal Control Officer or any other Police Officer of the City to take up and confine the same in the County Animal Shelter. Such animal taken up and confined shall not be released until the owner or person entitled to have possession thereof shall pay all fees including all expenses incurred in boarding such animal so impounded. -7- Licensed Dog Unlicensed Dog First impoundment $15.00 $25.00 Second impoundment 25.00 50.00 Third impoundment 50.00 100.00 Fourth impoundment 75.00 150.00 In addition to the impoundment fee, a board fee of two dollars ($2.00) per day shall be paid. The Animal Control Officer of the Municipality, at the request of any person, shall pick up and transport to the County Animal Shelter for disposal, any dog owned by the requestor. The charge for this service shall be established at the Animal Shelter, posted as a part of a regular fee schedule and paid at the time the animal is picked up. 9 -2 -22: IMPOUNDING OF ANIMALS: If any animals shall be found running at large contrary to the provisions of this Chapter, it is hereby made the duty of the Animal Control Officer or any other Police Officer of the City to take up and confine the same in the County Animal Shelter. Such animal taken up and confined shall not be released until the owner or person entitled to have possession thereof shall pay all fees including all expenses incurred in boarding such animal so impounded. -7- Impounded dogs taken up and confined at the County Animal Shelter shall not be released until the owner or person entitled to have possession thereof shall pay the fee stipulated. All fees and boarding services shall be payable to the person having control of the County Animal Shelter. 9 -2 -23: NOTICE OF SALE OF ANIMALS: If the owner or person entitled to the possession of an animal does not pay the charges and take it away within five (5) days from the time it is taken into custody, such animal may be sold at public auction after notice is given at least five (5) days prior to the time and place of such sale by publishing or by posting said notice in five (5) public places in the Municipality as well as serving a copy of said notice upon the owner or possessor, if known, of said animal. Such animal may be redeemed at any time before the date of sale by the payment of any fees, expenses and charges herein provided. 9 -2 -24: REVENUE FROM SALE: In case any animal sold pursuant to the provision of this Chapter be sold for more than is sufficient to pay the fees and charges aforesaid, such excess shall be deposited with the County Treasurer, who shall pay such excess, upon order of the Governing Body, to the owner of such animal or animals or to the person entitled to possession of the same upon claim and proper proof of ownership within one year from date of said sale. 9 -2 -25: FREEING OF IMPOUNDED ANIMALS, DOGS AND POULTRY PROHIBITED: It shall be unlawful to break open or in any manner directly or indirectly, aid or assist in the breaking open of any pen or enclosure with intent of releasing any animal, dog or poultry. I't shall be unlawful for any person except those responsible for the enforcement of this Chapter to release any dog without the consent of the owner to release his own or any other dog from the County Animal Shelter or from any other place where a dog may be held for observation. 9 -2 -26: REFUNDABLE DEPOSIT TO INSURE STERILIZATION: In addition to any other charges, any person acquiring a dog from the County Animal Shelter shall 5 be required to pay a refundable fee of twenty -five dollars ($25.00). Said fee shall be refunded when a certificate is provided from a licensed veterinarian stating that said dog has either been spayed or neutered. • 9 -2 -27: ADOPTION OF DOGS: Licensed dogs under Section 18 or unlicensed dogs under Section 19 of this ordinance which have been held for five (5) days may be sold upon payment of a fee of five dollars ($5.00) or such other terms as may be required together with a purchase of a current lic -nse. 9 -2 -28: LIVESTOCK WITHIN PUBLIC PARKS, GOLF COURSE, CEMETERY: No horses shall be allowed within any public park within the City except when such animal is kept upon the regularly traveled motor vehicle public rights of way within said park. No horses, cattle or livestock of any kind shall be allowed within any golf course or cemetery within the City. 9 -2 -29: CRUELTY TO ANIMALS: It shall be unlawful for any person to torture or beat cruelly, starve, or otherwise ill treat any animal in his care or charge, whether belonging to himself or any other person. 9 -2 -30: DOG OR COCK FIGHTS: It shall be unlawful for any person to participate in any dog or cock fights within the limits of the City. 9 -2 -31: HORSES PROHIBITED ON CERTAIN STREETS: It shall be unlawful and prohibited for horse drawn vehicles or the riding of horses on the following streets: (A) On Albany Street, Main Street, Arthur Street, Blaine Street, Cleveland Boulevard and Dearborn Street from Fifth Avenue to Eleventh Avenue inclusive. (B) Upon any street or alley which has been newly oiled. (C) Exception - When parade permit has been issued. 9 -2 -32: ANIMALS: (A) No swine shall be raised, kept or maintained within the limits of the City. (B) Notwithstanding the provisions of the above Section, any resident within three hundred feet (300') of any person, keeping of any of the animals in Section (A) herein may file a nuisance complaint with the Police Department. A Board consisting of the Animal Control Officer, the Chief of Police or his representative, the City Sanitarian, the Mayor and if circumstances indicate need, a member of 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: 1. Did any person owning or having in his custody or control any anirrral or cause or allow any place any animal is or may be kept to become unclean or unwholesome? 2. Did any person fail to provide an animal with sufficient good and whole- some food and water, proper shelter and protection from the weather, veterinary care when needed to prevent suffering and with humane care and treatment? 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 County Animal Shelter. The Council may also order any person determined to have acted unlawfully to take such corrective measures, within a specified time, deemed necessary to cure the nuisance. For the purpose of this provision "any person" means any person, partnership, firm, company, association or corporation. 9 -2 -33: PENALTY: Any person violating any provision of this ordinance shall be guilty of a misdemeanor and shall be punished by a fine not exceeding three hundred dollars; and if such violation be continued, each day's violation shall be deemed a separate offense. Section 2. That all ordinances or parts of ordinances inconsistent herewith are hereby repealed. Section 3. That this ordinance shall be in force and effect from and after its passage, approval and publication according to law. �i PASSED BY THE CITY COUNCIL of the City of Caldwell, Idaho, this 28th day of September , 1982. APPROVED BY THE MAYOR of the City of Caldwell, Idaho, this 28th day of September , 1982 ATTEST: City Clerk