HomeMy WebLinkAboutORD 2271BILL NO. 11
ORDINANCE NO. 2271
AN ORDINANCE AMENDING THE MUNICIPAL CODE OF THE CITY OF
CALDWELL, STATE OF IDAHO BY REPEALING ARTICLE 3 OF
CHAPTER 8 PERTAINING TO ANIMAL CONTROL REGULATIONS AND
ADDING A NEW ARTICLE 3, CHAPTER 8, REGARDING ANIMAL
CONTROL.
BE IT ORDAINED BY THE MAYOR AND CITY COUNCIL OF THE CITY
OF CALDWELL, COUNTY OF CANYON, STATE OF IDAHO:
Section 1. That Article 3 of Chapter 8 of the Municipal Code of the City of
Caldwell, Canyon County, Idaho be repealed and a new Article 3 of Chapter 8 be added
as follows:
ANIMAL CONTROL REGULATIONS
08- 03 -01: TITLE, SAVING CLAUSE, SEVERABILITY CLAUSE:
1. Short Title and Savings Clause: This Article shall be known as the "Animal Control
Ordinance ". The City of Caldwell animal control regulations previously contained in
the City Code are hereby repealed, as well as all other ordinances and parts of
ordinances in conflict herewith, upon the effective date of this Article. All offenses
committed prior to this repeal may be prosecuted and punished in the same manner
and with the same effect as if said repeal had not been made.
2. Severability Clause: Should any provision of this Article be declared by a court of
competent jurisdiction to be unconstitutional or invalid, such decision shall not affect
the validity of this Article in whole or in part thereof other than the part so declared to
be unconstitutional or invalid.
08- 03 -03: PURPOSE AND AUTHORITY:
The purpose of the Article is intended to help solve the problems caused by unowned,
unwanted and undisciplined canines running at large and to provide for licensing
procedures for canines allowing use of microchips, making it unlawful to keep
unsterilized canines without a license; licensing fees for unsterilized canines and
licensing fees of sterilized canines; impound fees for unsterilized canines; requiring
sterilization of a canine upon third impound; changing the definition of "canine at large ";
requiring confinement of female canines in heat; modifying the procedures concerning
impounded canines and providing that a vicious canine may be destroyed if the owner
fails to file a timely appeal; and clarifying that violations of this Ordinance are
misdemeanors and establishing fine schedule for repeated violations of the canine at
large, failure to confine a female canine in heat, and failure to comply with the
unsterilized canine licensing portions of this Ordinance and for an amendment increasing
the amount applicable to the violation notice procedure. This Article is enacted upon the
authority derived from Idaho Code, Sections 25 -2801 et seq., 50 -302, 50 -304, 50 -319 and
50 -334 and to provide for the health, safety and welfare of the public.
08- 03 -05: DEFINITIONS:
ABUSE: Any case in which an animal has been the victim of
intentional or negligent conduct resulting in the animal's
bruising, bleeding, malnutrition, dehydration, burns,
fractures or breaks of any bones, subdural hematoma, soft
tissue swelling or death and lack of veterinary care and
attention.
ANIMAL: Any organism other than human beings needing food to
maintain and sustain its life and which generally has
mobility and a developed central nervous system.
ANIMAL CONTROL The person contracting with the City to provide animal
control enforcement services and/or animal shelter services.
DIRECTOR:
AT LARGE: 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.
CANINE: Shall include either male or female, whether neutered or
spayed, whether fully domesticated canine or partial wolf,
partial coyote, entire wolf or entire coyote.
CITY: The City of Caldwell and those areas within the corporate
City Limits of the City of Caldwell, Idaho.
CITY COUNCIL: The City Council of the City of Caldwell, Idaho.
ENCLOSURE: A fence or structure of at least six feet (6') in height,
forming or causing containment suitable to prevent the
entry of young children, and suitable to confine an animal
in conjunction with other measures which may be taken by
the owner such as tethering of the animal. Such enclosures
shall be securely enclosed and locked and designed with
secure sides, top and bottom and shall be designed to
prevent the animal from escaping.
FELINE: Shall include either male or female cat of any breed or
mixed breed whether neutered or spayed.
IMPOUNDED: Taken into custody of the County Animal Shelter.
LIVESTOCK: Horses, mules, donkeys, burros, llamas, cattle, sheep,
buffalo, goats and pigs.
MICROCHIP: Shall mean an integrated circuit which is implanted
subcutaneously in the flesh of a canine.
MISUSE: The intentional causing of an animal to perform a
noncustomary task which could be dangerous or harmful to
the animal.
MOTOR VEHICLE: Includes, without limitation, automobile, pickup truck,
flatbed truck, open equipment -laden truck, any open -bed
vehicle.
OWNER: Shall be construed to include any person owning,
harboring, keeping, possessing, caring or having custodial
duties over any animal.
SIGN: Any structure used to attract attention to any object, place,
activity, person, animal or business which displays or
includes any letter, word, insignia, device or representation,
used as or which is in the nature of an announcement,
direction or advertisement. For the purposes of this Article,
the sign shall be constructed of wood, metal or other
similar weatherproof material, at least twenty four inches
by twenty four inches (24" x 24'� in size, with letters in
indelible or fluorescent ink with the words in clear, capital
letters as follows: VICIOUS ANIMAL ON PRENUSES,
VICIOUS CANINE PROPERTY, or words of similar
meaning and shall be posted at all visible entryways onto
the owner's property or where the canine is lodged
VICIOUS ANIMAL:
(1) Any animal which, when unprovoked, in a vicious or
terrorizing manner, approaches any person in apparent
attitude of attack upon the streets, sidewalks and
public grounds or places or private property not
owned or possessed by the owner of the animal;
(2) Any animal with a known propensity, tendency or
disposition to attack unprovoked, to cause injury or to
otherwise endanger the safety of human beings or
domestic animals;
(3) Any animal which bites, inflicts injury, assaults or
otherwise attacks a human being or domestic animal
without provocation;
(3) Any animal owned/harbored primarily or in part for
the purpose of fighting or any animal trained for
fighting.
Notwithstanding the definition of a vicious animal above,
no animal may be declared vicious if an injury or damage is
sustained by a person who, at the time such injury or
damage was sustained, was committing a willful trespass or
other tort upon the premises occupied by the owner of the
animal, or was teasing, tormenting, abusing or assaulting
the animal or was committing or attempting to commit a
crime. No animal may be declared vicious if the animal
was protecting or defending a human being within the
immediate vicinity of the animal from an unjustified
attacked or assault.
08- 03 -07: ENFORCEMENT BY ANIMAL CONTROL OFFICER:
(1) The enforcement of this Article shall be the responsibility of the Animal control
Officer within the incorporated areas of the City. The Sheriff shall bestow the
authority of a Deputy Sheriff upon the Animal control Officer. Fees will be
collected by the Animal Control Officers, if applicable, to remove deceased small
animals from public roads and rights of way.
(2) It is unlawful for any person to hinder, molest or in any way interfere with any
Animal Control Officer while the Officer is lawfully engaged in the performance
of his/her duties.
(3) Adoption and enforcement of Canine Ordinances by Cities in the County: The
Cities within Canyon County shall be responsible for the adoption and
enforcement of the County Animal Control Ordinance or their own ordinances.
08- 03 -09: LICENSING:
(1) Canine License Required; Application:
A. Licenses:
1. License Required: It shall be unlawful of any person to own, harbor, keep or
possess a canine more than three (3) months of age within the unincorporated
areas of the City without first procuring a license therefor.
2. Exception: The provisions of this Section shall not apply to any person
visiting in the unincorporated areas of the City for a period not exceeding
thirty (30) days, and owning or possessing a canine, if such canine is:
currently licensed or bearing the license issued by another municipality or
other licensing authority, or if such person is a permanent resident where no
such license is required.
3. Term of License: Canine licenses may be purchased for a one year period or a
three (3) year period. All canine licenses shall begin on the date when rabies
vaccination is completed and shall remain in effect for either one.
4. Application: Fee: The owner, or person having charge, of any canine within
the City shall make application to the Animal Shelter Director, or other
designated agent, and pay a license fee according to the schedule adopted by
the Board.
B. Proof of Spay/Neuter, Rabies Vaccination Required: No canine will be
licensed as spayed or neutered without proof that such surgery was performed.
No canine will be licensed without proof of current rabies vaccination.
1. Receipt, Tags; Duplicate License: Upon receipt of application for license
and 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 (or
status of spayed or neutered) of the canine and the amount paid by him
together with a metal tag bearing the number corresponding to the number of
the receipt. If a microchip containing the necessary information has been
implanted in the canine, then a metal tag need not be issued. If a license is
lost, the Animal Shelter Director or other designated agent shall, upon
application and payment of a fee established by Canyon County, issue a
duplicate license. Licenses for the following year may be purchased within
thirty (30) days prior to the expiration date.
2. Guide Canine, Fees Waived: License fees shall be waived for any guide
canine that has been properly trained for the purpose of and is used to guide a
blind or partially blind person, a person with impaired hearing, or any other
severely disabled person who requires a guide canine.
(2) Kennel License; Application: It is unlawful to keep, maintain or possess upon
the premises of any one household more than three (3) canines three months of
age or older in an incorporated area of the City unless the owner or person in
charge thereof shall obtain a kennel license. Such kennel license shall only be
permitted and issued in accordance with the terms and provisions of the City
Zoning Ordinance; provided, however, that 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
drawn six hundred feet (600') at right angles out from and parallel to all sides of
the tract whereupon such kennel is to be erected or maintained. Where dedicated
streets rights of way are encountered, they shall be included in establishing the six
hundred feet (600') boundary line around the tract.
A. License Fees: A kennel license shall be issued when the applicant
pays the annual kennel license fee as established by the Board 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.
B. Location: No kennel shall be established within one hundred fifty
feet (150') of any dwelling house other than that of the kennel
owner; provided, however, that a kennel license may be issued to
establish a kennel within one hundred fifty feet (150') of a
dwelling house other than that of the kennel owner upon consent of
all property owners within three hundred feet (304') of the kennel.
C. 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.
(3) Sterilization Required: It shall be unlawful for any person to own, harbor, keep or
possess an unsterilized canine more than three (3) months of age within the
incorporated areas of the City without obtaining a license therefore as provided by
this section.
A. Exceptions. The provisions of this section shall not apply in the following
instances:
1. The provisions of this section shall not apply to any person visiting in the
incorporated areas of the City for a period not exceeding thirty (30) days,
and owning or possessing a canine, if such canine is: currently licensed
or bearing a license issued by another municipality or other licensing
authority, or if such person is a permanent resident where no such license
is required.
2. If a licensed veterinarian states, in writing, that the canine is unfit to
undergo the required surgical procedure because of a health condition.
Age of a canine does not automatically constitute an prohibitive health
condition for purposes of this section. The veterinarian must describe the
physical condition or symptoms of the canine making it unfit to undergo
the required surgery.
B. License for Non Sterilized Canine: To possess an unsterilized canine, an
individual must obtain a license as set forth herein. The license shall be
issued or renewed only if the following conditions have been met:
1. The canine is examined by a licensed veterinarian; and
2. The canine has current vaccinations for rabies; and
3. The individual has not had more than two (2) violations of the canine
portions of the City of Caldwell Animal Control Regulations within the
past twenty -four (24) months; and
4. Upon the third impound of the same unsterilized canine, the canine shall
be sterilized before it is returned to the owner. The owner shall be
responsible for the cost of sterilization and other fees associated with the
impoundment of their canine.
08- 03 -11: FEES:
(1) License Fees:
The Animal Control Director is entitled to charge fees in connection with canine
licenses, replacement of lost licenses and kennel licenses. The amount of the fees
charged shall be as established by Canyon County in Chapter 3, Article 5 of the
Canyon County Code.
(2) Canine Impound Fees:
The Animal Control Director is entitled to charge a fee for impounding canines.
Said fee may increase for each subsequent offense. A fee may also be charged for
boarding and keeping impounded animals. The amount of the fees charged shall
be established by Canyon County in Chapter 3, Article 5 of the Canyon County
Code.
(3) Miscellaneous Fees:
The Animal Control Director is entitled to establish charges for miscellaneous fee.
The amount of the fees charged shall be established by Canyon County in Chapter
3, Article 5 of the Canyon County Code.
08- 03 -13: CANINES; COLLAR AND TAG:
A. Collar and Tag Required: Every canine shall at all times wear a
substantial and durable collar to which shall be securely attached the
required license tag. This collar and tag requirement shall not apply if the
canine has been implanted with a microchip containing licensing
information for the canine.
B. Supply of Tags and Forms: The canine tags and receipt forms required
for compliance with this Article shall be provided to participated
veterinarians by the County Animal Shelter Director. Canyon County
shall not supply or implant canine microchips. Microchip implants may
be obtained from local veterinarians.
C. Distribution, Remuneration of Cost: Procedures for distribution and
remuneration of cost shall be established by the Director of the Animal
Control Shelter, and veterinarians will be advised of those procedures by
the Director.
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D. Veterinarian Reports: Each participating veterinarian dispensing canine
tags and/or implanting microchips shall submit a report to the Director of
the Animal Control Shelter when submitting the licenses and fees
collected.
E. Imitation License Tags/Microchips: It shall be unlawful for any person to
allow any canine owned, kept or harbored by him/her to wear a license tag
or be implanted with a microchip received on account of a former license,
or to wear a license tag or be implanted with a microchip originally issued
to another canine, or to wear any imitation of the license tag issued by the
Animal Control Shelter or participating veterinarian for that year, or any
tag marked on a plate or collar similar to that required by this Article at
any time, and calculated to deceive. It shall be unlawful for any person to
put on or implant in a female canine a tag or microchip received with a
license for a male canine, or to allow any female canine owned by him/her
or within his/her care or custody to wear a tag or be implanted with a
microchip issued with a license for a male canine.
08- 03 -15: RABIES, DISEASE AND QUARANTINE:
(1) Afflicted Animals Prohibited: It is unlawful for a person other than a veterinarian
or the Animal Shelter to own, keep or harbor any animal afflicted with rabies.
(2) Duty to Detain: The Sheriff, or his designee, the Animal Shelter Director, or his
designee, or the owner shall secure the disposition of any animal afflicted with
rabies.
(3) Suspect Animals: It is the duty of every owner of an animal showing symptoms
of rabies or which the owner has no proof of current rabies vaccination or which
has bitten any person causing an abrasion of the skin, to surrender the animal for
confinement and isolation at the Animal Shelter or to a licensed veterinarian for a
period not to exceed fifteen (15) days; provided, for animals with proof of a
current rabies vaccination, the Animal Control Director has the discretion to allow
the canine to be quarantined in the owner's home under such terms and conditions
the Animal Control Director shall impose. If such animal shall be determined free
of rabies, it shall be released from quarantine or returned to the owner upon
payment of the regular fee for keeping such animal impounded, if applicable. If
such fee is not paid, the animal shall be subject to disposal as provided in this
Chapter.
(4) Contagious Diseased Animals: Any animal which has a contagious disease shall
not be shipped or removed from the premises of the owner of such animal except
under the supervision of the Animal Shelter Director.
(5) Rabies Inoculation: It is unlawful to keep or harbor any canine over the age of
three (3) months in the City unless such canine has been inoculated against rabies
by a licensed veterinarian within the preceding three (3) years. No license, except
as provided below, shall be issued for any canine over the age of three (3) months
unless the applicant for such license presents a certificate signed by a licensed
veterinarian establishing that the canine has been vaccinated for rabies for the
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license period. A temporary license, valid for only five (5) business days after
issuance, may be issued to canine owner who must within five (5) days of the date
of issuance of said license, procure a certificate signed by a licensed veterinarian
establishing that the canine has been vaccinated for the license period. License
will be void after five (5) days if the rabies vaccination has not been completed by
a licensed veterinarian.
03- 05 -17: RUNNING AT LARGE PROHIBITED:
(1) Canines:
A. Canine at Large: It shall be unlawful for a canine to be at large, kept or
harbored to be at large or to negligently fail, neglect or refuse to prevent a
canine from being at large, kept or harbored from being at large upon the
roads, streets or alleys of the City or any public place of the City. This
provision applies regardless of whether the canine is licensed or not.
B. Confinement of Female Canines in Heat: It shall be unlawful for the owner,
keeper or possessor of a female canine in the estrus state (in heat) to
negligently fail, neglect or refuse to confine such animals indoors or in a type
of kennel preventing nuisance or undesired fertilization by male canines
unless restrained by the owner or possessor and under the immediate control
of the owner or possessor (e.g., in their accompaniment if off the property).
(2) Livestock:
A. Prohibited: It shall be unlawful for livestock to be at large, kept or harbored
to be at large upon the roads, streets or alleys of the City.
B. Herding Or Driving Animals: It shall be unlawful for anyone to herd or drive
any animal through 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 Animal Control Officer of the County to seize and impound any
and all horses, mules, donkey, burros, cattle, sheep, goats, llamas, buffalo or
pigs found running at large within the City.
C. Exception: This subsection (2) shall not be construed as prohibiting stockmen
from driving herds through the City when necessary to transfer them from one
pasture to another or for the purpose of shipping, but such stockmen so
driving stock through the City shall be liable to property owners for all
damages done to their property by such stock while being driven through the
City, whether or not such damage is caused by the negligence of the said
stockman or his agents. Such stock shall be driven through the City in as
short a time as possible.
(3) Fowl Or Poultry:
It shall be unlawful for any person to keep fowl, guineas 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 fowl or poultry from
trespassing upon the property of others.
03-05-19: IMPOUNDING:
(1) Canine:
A. Apprehension Of Canine Running At Large: It shall be the duty of the
Animal Control Officer, Animal Control Director and Peace Officer of the
incorporated areas of the City or Peace Officer of participating municipalities
to apprehend any canine found running at large contrary to the provision of
this Article, and to impound such canine in the County Animal Shelter or
other suitable place; provided, that if any fierce, dangerous or vicious canine
found running at large cannot be safely taken up and impounded, such canine
may be slain by any Peace Officer or Animal Control Officer.
B. Record To Be Made: The Animal Control Officer or Police Officer so
impounding or slaying any canine shall record a description of the canine,
whether licensed or not in a book kept for that purpose.
C. Recovery of Impounded Canines: The owner of any canine impounded may
recover possession of same upon payment of all applicable fees or fines
which includes, but is not limited to, impound fees, rabies, license and board
fees. Additionally, if a canine over three (3) months of age is impounded and
has not been sterilized, the owner or claimant must pay either the fees noted
in this Ordinance to have the canine sterilized by the contracted shelter
veterinarian or have the canine transported by Animal Control to a local
veterinarian of their choice for immediate sterilization or qualify for and
receive an unsterilized canine license. If the claimant requests the canine be
transported to a local veterinarian of their choice, the claimant is responsible
for payment of those costs of sterilization. If the owner or representative of
the owner of any canine impounded shall fail to pay the required fees within
twenty -four (24) hours after actual notice to the owner or representative of
the owner, or within five (5) working days excluding Saturdays, Sundays and
holidays after reasonable or diligent effort to notify the owner or
representative of the owner, the Animal shelter may dispose of any canine
either through adoption (provided the new owner shall pay the required fees)
or through euthanasia.
D. Impounding And Recovery Of Unlicensed Canines: It shall be the duty of
the Animal Control Officer and Animal Shelter Director to hold for a period
of five (5) working days excluding Saturdays, Sundays, and holidays any
unlicensed canine impounded under the provisions of this Article. The owner
of any unlicensed impounded canine may recover possession of an
impounded canine upon payment of all required fees. Any such canine not
redeemed within five (5) working days excluding Saturdays, Sundays and
holidays may be sold or disposed of in a humane manner under the direction
of the Animal Control Director.
E. Diseased Animals; Destruction: Any animal impounded and suffering from
serious injury or disease, may be euthanized at the discretion of the Animal
Shelter.
F. Traps: Animal Control Officers are authorized to place humane animal traps
on public or private property upon request and permission of the owner.
Such traps shall be checked regularly by the Animal Control Officers,
G. Freeing Of Impounded Animals, Canines 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 the intent of releasing any
animal or poultry when such animal or poultry has been detained by those
individuals authorized to detain animals under this Section.
H. Releasing Canines From County Shelter Or Place of Observation: It shall be
unlawful for any person except those responsible for the enforcement of this
Article to release any canine without the consent of the owner to release
his/her own or any other canine from the County Animal Shelter or from any
other place where an animal, canine or poultry may be held for observation.
(2) Livestock:
A. Apprehension of Animals Running At Large: If any animals shall be
found running at large contrary to the provisions of this Article, it is
hereby made the duty of the Animal Control Officer or any other peace
officer of the County or participating municipalities to take and confine
the same in the County Animal Shelter or livestock yard.
B. Animals Disturbing The Peace: In the case of an animal disturbing the
peace, there shall be an attempt to contact the owner at his home and
warning issued. After a warning is issued and the problem continues, a
citation can be issued. An 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
impounded.
C. Impounded Livestock Redemption: Any animal impounded because it
was found running at large may be redeemed by the owner prior to the sale
or destruction of such animal, by paying all charges against the same. The
Animal Control Shelter is entitled to charge a board fee applicable for the
keeping of any animal, which fees shall be retained by the Animal Shelter
as payment toward the costs and expense incurred in the transporting and
keeping of such animal. The fees which may be charged by the Animal
Shelter for impounding and keeping of any animal are to be paid upon
redemption of such animal.
08- 03 -21: CANINE ADOPTION
1. Adoption Allowed: Canines licensed or unlicensed which have been held for
five (5) working days excluding Saturdays, Sundays and holidays may be
adopted from the County Animal Shelter, after due notification to the owner
(if known) and upon payment of an adoption fee in an amount consistent with
that established by Canyon County.
2. Required Rabies Vaccination Process: Any Person acquiring a canine from an
Animal Control Shelter shall be required to furnish to the Animal Contro l
Shelter proof of rabies vaccination. Animals under three (3) months of age
will be given a temporary identification tag by the Animal Control Shelter
until receipt of proof of rabies vaccination. Temporary identification tag
expires when canine is three (3) months or older.
08- 03 -23: SALE OF ABOUNDED LIVESTOCK:
1. Notice of Sale: At any time after any horse, mule, any kind of cattle, hog or
any stock animal shall have been impounded, and after notification of the
brand inspector, the Animal Shelter shall give notice of sale by posting a
notice at the Shelter describing the animal impounded and notifying the owner
by certified mail, if the owner is known, to pay the charges thereon and
remove same prior to the time fixed for the sale thereof. Otherwise, the
animal will be - sold at public sale at a time and place named in said notice,
whfch time shall not be less than fifteen (15) days from the date of the posting
of such notices.
2. Revenue From Sale: In case any animal sold pursuant to the provisions of this
Article be sold for more than is sufficient to pay the fees and charges
aforesaid, such excess shall be deposited with the Animal Shelter who shall
Pay such excess 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 six (6) months from date of said sale. If after si (6) months such
excess is not claimed, the excess fees shall be disposed of in accordance with
Idaho Code, Section 25 -2312.
08- 03 -25: PROHIBITED ACTS:
1. Nuisance Animals:
A. Canines: Unlicensed Or At Large: Any canine found in the unincorporated areas
Of the County or within participating municipaliti es either without a license or
running at large in violate of the provisions of this Article is declared to be a
nuisance and shall be impounded as herein provided.
B. Canines in Public Buildings:
1. Prohibited: It is unlawful for any person to permit; allow, keep or
c arry any animal in, upon or within a public transportation facility, or
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2. Canine Fights or Cockfights Prohibited: It
person to participate in any canine fight
unincorporated areas of the County or withi n
municipalities.
08- 03 -27: VICIOUS ANIMALS:
shall be unlawful for any
or cockfight within the
the limits of participating
A. Determination Hearing: In the event that the animal control officer or law
enforcement officer has probable cause to believe that an animal is vicious, the
Sheriff or the Animal Shelter Director or his/her designee shall be empowered to
convene a hearing for the purpose of determining whether or not the animal in
question should be declared vicious.
B. Investigation: Notice of Hearing: The Animal Control Director or his/her designee
or Sheriff shall conduct or cause to be conducted an investigation and shall notify in
writing the owner of the animal that a hearing will be held and at what time he may
have the opportunity to present evidence why the animal should not be declared
vicious. The hearing shall be held promptly with no less than five (5) nor more than
ten (10) days after service of notice upon the owner of the animal. The hearing shall
be informal and shall be open to the public.
C. Notice of Determination: After the hearing, the owner of the animal shall be notified
in writing of the determination. If a determination is made that the animal is vicious,
and the owner has not filed a timely appeal pursuant to this Section, then the animal
shall be destroyed. If the owner files a timely appeal, the animal shall be maintained
at the shelter pending the result of the appeal.
D. Contest By Owner: Notice: If the owner of the animal contests the determination
he /she may, within five (5) days of such determination, bring a petition in the
Magistrate Court of the Third Judicial District praying that the Court conduct its own
hearing on whether or not the animal should be declared vicious. After service of
notice upon the animal control officer, the Court shall conduct a hearing de novo and
make its own determination as to viciousness. Upon the animal control officer or law
enforcement officer being served notice, the hearing shall be conducted within
fourteen (14) days. The issue shall be decided upon a preponderance of the evidence.
If the Court rules the animal to be vicious and the owner fails to file a timely appeal
of the Court's decision, then the animal shall be destroyed.
E. Court Decision: The Court may decide all issues for or against the owner of the
animal regardless of the fact that said owner fails to appear at said hearing.
F. Decision Conclusive; Subsequent Actions: The determination of the Court shall be
final and conclusive upon all parties. However, the animal control officer or any law
enforcement officer shall have the right to declare an animal to be vicious for any
subsequent actions of the animal.
G. Seizure, Impoundment; Costs: In the event that the animal control officer or law
enforcement officer has probable cause to believe that the animal in question is
vicious and may pose a threat of serious harm to human being or other domestic
animals, the animal control officer or law enforcement officer may seize and impound
the animal pending the aforesaid hearings. The owner of the animal shall be liable to
the Animal Control Director for the costs and expenses of impoundment of such
animal.
H. Appeal from Magistrate Court: The decision of the Magistrate Court may be
appealed to the District Court by an aggrieved party within forty -two (42) days of the
decision. The animal shall remain impounded pending the appeal. If the District
Court finds, upon review of the record and after hearing the arguments of the parties,
that the animal is not vicious, such animal may be released to the custody of the
owner upon payment to the County Animal Shelter of the expense of keeping such
animal. The costs shall be paid in full to the shelter prior to the release of said
animal.
08- 03 -29: UNIFORM SUMMONS; PROSECUTION; FINE SCHEDULE:
(1) Violations: Violations of the provisions of this Ordinance shall be a
misdemeanor and shall be punished as set forth in Idaho Code 18 -113, as
amended, or in accordance with any more specific section(s) of this
Ordinance.
(2) Citation: The Idaho Uniform Citation shall be used by the animal control
officer and peace officer in the enforcement of this Article.
(3) Fine Schedule: The Animal Control Officer is entitled to charge fine fees
as established by Canyon County in Chapter 3, Article 5 of the Canyon
County Code.
Section 2. Should any action or provision of this article be declared by the courts
to be unconstitutional or invalid, such decision shall not affect the validity of this article
as a whole or a part thereof other than the part declared to be unconstitutional or invalid.
Section 3. This Ordinance shall be in full force and effect upon its passage,
approval, and publication, as provided by law, in one (1) issue of the Idaho Press
Tribune.
this
PASSED BY THE CITY COUNCIL OF THE CITY OF CALDWELL, IDAHO
16th d o f February 1999.
APPROVED BY THE MAYOR OF THE CITY OF CALDWELL, IDAHO this
16th day of February , 1999.
" I, oa -"a'
Mayor
Attest: / al
City Cler