HomeMy WebLinkAboutORD 2950BILL NO. 30
ORDINANCE NO. 2950
AN ORDINANCE ENACTED BY THE CALDWELL CITY COUNCIL AMENDING
CHAPTER EIGHT, ARTICLE THREE CONCERNING THE ANIMAL CONTROL
ORDINANCE; ADDING, MODIFYING, IMPLEMENTING AND DELETING DEFINED
TERMS; IMPOSING FEES AND COSTS ON THE OWNER OF A SEIZED ANIMAL;
ADDING PROVISIONS FOR THE IMPOUNDMENT, SURRENDER AND SALE OF
ANIMALS; PROHIBITING ANIMALS FROM BEING LEFT UNATTENDED IN
VEHICLES AND CRUELTY TO ANIMALS; 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. Chapter 8, Article 3, Section 5 of the Caldwell City Code, concerning Definitions of
terms used in the Animal Control Ordinance is hereby revised as follows:
08- 03 -05: DEFINITIONS:
ABANDON: To forsake and desert an animal previously under the custody possession of a
p erson without making reasonable arrangements for its proper care sustenance and shelter.
ABUSE: ALiy 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 bones, subdural hematoma, soft tissue swelling or death and lack of v_ e_terinary care or
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 DIRECTOR: The chief of police of the Caldwell police department or his
designee.
ANIMAL CONTROL OFFICER: Any law enforcement officer authorized by Idaho law to
enforce state law or city ordinances within Caldwell, including, without limitation, any
individual or entity contracting with the city to provide animal control or animal shelter services.
ANIMAL SHELTER: The building or facility providing animal shelter services to the city.
ANIMAL SHELTER DIRECTOR: The person contracting with the city to provide animal
shelter services.
AT LARGE: An animal off the premises of its owner and not under the immediate control of the
owner or member of the owner's household, either by leash, cord, chain or other means of
physical restraint.
CANINE: Dogs, including, without limitation, those that are either male or female, whether
neutered or spayed, whether fully domesticated, wild, feral, part wolf, part coyote, entirely wolf.
entirely coyote, or of any breed or mixed breed.
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.
CRUELTY: "Cruel" or "cruelty" shall mean any or all of the followin • the intentional and
malicious infliction of pain, physical suffering injury or death upon an animal; to maliciously
kill, maim, wound, overdrive, overload drive when overloaded overwork, torture, tormenf,
deprive of necessary sustenance, drink or shelter, cruelly beat, mutilate or cruelly kill - an animal;
to subject an animal to needless sufferina, inflict unnecessar, cry, drive, ride or otherwise
use an animal when same is unfit; to abandon an animal; or to negligently confine an animal in
unsanitary conditions or to negligently house an animal in inadequate facilities: to negligently
fail to provide sustenance, water, shelter veterinary care to an animal; or to negligently fail to
provide routine care, grooming or hoof care to the extent that it interferes with the animal's
performance or ability to thrive.
DANGEROUS ANIMAL: Any animal which, due to its size, breed, temperament, health,
training or lack of training, location, use, or other circumstance poses a risk of injury' to any
person is dangerous. No animal is or may be declared dangerous if the animal is startled, abused,
harassed or otherwise provoked.
ENCLOSURE: A kennel, fence or other structure 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 such as tethering or caging of the animal. Enclosures shall be
securely locked and designed with secure sides, top and bottom and shall be sufficient to prevent
the animal from escaping.
GUIDE CANINE OR ASSISTANCE DOG; A eanine that has been proper4y trained for the
purpose of and is used to guide eF assist a blind or pai4ially blind pefsen, a person with impaired
heafing, or- any other disabled pefsen who uses a canine for physioal .
IMPOUND: An animal in the custody of the animal shelter director or an animal control officer.
LIVESTOCK: Horses, mules, donkeys, burros, llamas, cattle, sheep, buffalo, goats and pigs.
OWNER: Any person owning, harboring, keeping, possessing, caring or having custodial duties
over any animal. Where the owner of an animal is a minor, the parent or guardian of such minor
shall be liable as an owner for compliance with all provisions of this article.
SERVICE ANIMAL: A service animal is a dog that is individually trained to do work or
p erform tasks for people with disabilities. Examples of such work or tasks include guidin
p eople who are blind alerting people who are deaf pulling a wheelchair, alerting and protectin
a person who is having a seizure reminding a person with mental illness to take prescribed
medications, calming a person with Post Traumatic Stress Disorder (PTSD) during an anxiety
attack or performing other duties. Service animals are working animals not pets. The work or
task a dog has been trained to provide must be directly related to the person's disability. Dogs
whose sole function is to provide comfort or emotional support do not qualify as service animals
under the ADA.
SHELTER: ALiy structure or ob that provides protection from the sun and /or elements
inclement weather. Said structure or object must be solid or permanent enough to uphold
against the elements.
VICIOUS ANIMAL: -Any animal whieh, when not physically pi!ewked, physically a4taeks,
wounds, bites or othe any per-son wbe is ffat ifespassing, isvieious- No animal is o
IQ
i fiHfie di a t e 3 o f th an ft- a n tif�ustified attaek et: assault. (Ofd. 2986, 11 21 201
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 anima
or
2 Any animal with a known prop ensily, tendency or disp osition to attack unprovoked, to
cause injury onto otherwise endanger the safety of human beings, domestic animals or livestock
or
(3) An, animal which bites, inflicts injury, assaults or otherwise attacks a human being,
domestic animal or livestock without provocation; or
(4) Any animal owned or harbored primarily or in part for the of fighting or an
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 vicinit y of the animal from an
un justified attack or assault.
Section 2. Chapter 8, Article 3, Section 9(1)G of the Caldwell City Code, concerning Canine
Licensing in the Animal Control Ordinance, is hereby revised as follows:
08- 03 -09: CANINE LICENSING:
(1) Canine License Required; Application:
G Guide ! O Assist D a .; Service Animal; Fees Waived: License fees shall be
waived for any guide can of .,ssis,-.,,,,, service animal that has been properly trained
for the purpose of and is used to guide or assist a blind or partially blind person, a person
with impaired hearing, or any other.disabled person who uses a bona fide guide canine
assistance a ^^ service animal
Section 3. Chapter 8, Article 3, Section 11 (3) of the Caldwell City Code, concerning Fees in the
Animal Control Ordinance, is hereby revised and previous Section 11 (3) is renumbered as
follows:
08- 03 -11: FEES:
(3) If any animal is seized under this ordinance the owner or keeper shall be liable for the
reasonable costs of the seizure and the care keeping and disposal of the animal. Reasonable
costs shall include, but shall not be limited to, transportation, medical, board, shelter and
farrier costs. The owner or keeper of the animal shall be responsible for such fees and costs
whether or not the owner recovers possession of said animal or whether said animal is
adopted.
(4,ZMiscellaneous Fees: The city clerk and animal control director are entitled to charge
miscellaneous fees. The amount and purpose of the fees charged shall be established by
resolution of the city council.
Section 4. Chapter 8, Article 3, Section 19 of the Caldwell City Code, concerning Impounding in
the Animal Control Ordinance, is hereby revised as follows:
08- 03 -19: IMPOUNDING:
(1) Apprehension Of Canine Animal or Livestock Running At Large: It shall be the duty of any
animal control officer to apprehend any canine animal or livestock found running at large
contrary to the provisions of this article, and to impound such canine animal or Iivestock in
the animal shelter or other suitable place; provided, that if any fierce, dangerous or vicious
canine, animal or livestock found running at large cannot be safely taken up and impounded,
such canine animal or livestock may be slain by law enforcement personnel.the —animal
(2) Impoundment by Officers: In addition to any other remedies provided in this chapter, animal
control officers and police officers are authorized to impound or impound for safekeepin
and confine at the animal shelter any of the following: any animal that appears unattended or
abandoned, e.g., due to the owner's death, arrest or eviction from his or her residence, and
there is no sign of care for the animal or there is no known person to take custody of such
animal. The following information will be kept on all impounded animals:
(a) A complete description of the animal, including tag numbers, if and
(b ) The manner and date of impound;
(c) The location of impoundment and name of the officer impounding the animal_
d The name and address of an person relinquishing an animal to the impound facwi
e The name and address of the person redeeming the animal and the date thereof
(fl All applicable violations of this title;
(g) All applicable fees and penalties;
h All expenses accrued during im oundment•
(i ) The date and manner of disposition including the name of the person adopting the animal,
if applicable;
If licensed the name and address of the owner of the animal and the license number.
(3) Traps: Animal control officers authorized to place humane animal traps on public or
private property upon request or permission of the property owner. Such traps shall be
checked regularly by the animal control officers.
(4) Record To Be Made: The animal control officer impounding or slaying any animal shall
record a description of the animal and whether it is licensed or not.
(5) Recovery Of Impounded Canines Animal or Livestock The owner of any canine animal or
livestock impounded may recover possession of same upon payment of all applicable fines
and fees. Additionally, if a canine over six (6) months of age is impounded and has not been
sterilized, the owner or claimant must either secure the immediate sterilization of the canine
or qualify for and receive an unsterilized canine license. Additionally, if the animal shelter
director cannot determine whether an impounded canine over the age of six (6) months has
been inoculated against rabies by a licensed veterinarian within the preceding three (3) years,
the animal shelter director may immediately inoculate the animal at the expense of the owner
or claimant. If the owner or representative of the owner of any canine animal or livestock
impounded shall fail to pay the required fees within twenty -four (24) hours after actual notice
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
director may dispose of any canine animal or livestock either through adoption (provided the
new owner shall pay the required fees) or through euthanasia.
(6) Adoption Allowed: Canines licensed or unlicensed animals or livestock which have been
held for five (5) working days (excluding Saturdays, Sundays and holidays) may be adopted
from the animal shelter after due notification to the owner (if known) and upon payment of
an adoption fee. Any person adopting a canine from the animal shelter shall be required to
furnish to the animal shelter director proof of rabies vaccination within three (3) business
days of adoption. Animals under six (6) months of age will be given a temporary
identification tag by the animal shelter until receipt of proof of rabies vaccination. Temporary
identification tag expires when canine is six (6) months of age or older.
(7) Surrender of Canines, Animals or Livestock held in protective custody_ If any canine,
animal or livestock held in protective custody 'is not surrendered by the owner or claimant to
the animal shelter within a period of thirty i�, s after impoundment, that owner or
claimant shall automatically lose all rights to such canine animal or livestock and same ma
be adopted out by the animal shelter. In the event, however, that the owner or claimant has
not contacted the animal shelter to make arranizernents to surrender such canine, animal or
livestock and/or the animal shelter has found suitable Placement for such canine animal or
livestock at Ieast twenty -one 21) dq, s after impoundment, then the animal shelter may ay dopt
out such canine, animal or livestock.
(8) Diseased Animals; Destruction: Any animal impounded and suffering from serious injury or
disease, may be euthanized at the discretion of the animal shelter director.
Freeing Of Impounded Or Enclosed Animals 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 when such animal has been detained by the owner or
those individuals authorized to detain animals under this article. Any violation of this
subsection regarding the freeing of impounded animals shall be guilty of a misdemeanor and
shall be punished as provided in Idaho Code 50- 302(1) and 18 -113, as amended.
10) Livestock: If any livestock shall be found running at large contrary to the provisions of this
article the animal control officer or any other pe6ce officer of the county or participatin
municipalities mqy take up and confine the same in a livestock yard or other suitable place
p ursuant to Idaho Code Section 25 -2302 after first notif ying the Idaho State Brand Ins ector
of the situation and discussing his intentions concerning the same.
Failure To Comply: It shall be unlawful for an owner or custodian of any canine to fail to
comply with the requirements -of this section. Any person found in violation of this provision
shall be subject to the penalties set forth in section 08 -03 -27 of this article.
Section 5. Chapter 8, Article 3, Section 21(1) of the Caldwell City Code, concerning the Sale of
Impounded Livestock in the Animal Control Ordinance, is hereby revised as follows:
08- 03 -21: SALE OF IMPOUNDED LIVESTOCK:
(1) Notice Of Sale: At any time after any livestock shall have been impounded, and after
notification of the brand inspector, the animal control director may sell any such livestock
and shall give notice of sale by posting a notice at the animal 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 sald at a time and place named in said notice, which time shall
not be less than fifteen (15) days from the date of the posting of such notices.
Section 6. Chapter 8, Article 3, Section 23(4), (5), (6) and (7) of the Caldwell City Code,
concerning Prohibited Acts in the Animal Control Ordinance, are hereby revised and previous
Section 23(4) renumbered as follows:
08- 03 -23: PROHIBITED ACTS:
(4) Animals Unattended in Vehicles: No person shall leave a canine or other animal in an
unattended motor vehicle without adequate ventilation and sanitary conditions or in such a
manner as to subject the animal to extreme temperatures which adversely affect the animal's
health and safety.
(5) Cruelty to Animals:
A. It shall be unlawful for any person to inflict cruelty upon any canine. animal or livestock
as set forth in definition of "Cruelty ", whether in his/her care or charge, whether
belonging to himself /herself or any other person.
B. It is the duty of aqy animal control officer or peace officer to take possession of an
animal for which probable cause exists to believe a violation of Idaho Code, Title 25,
Chapter 35, "Cruelty to animals ", has been committed or "Cruelty" as defined in this
ordinance, and deliver such animal to the county animal shelter or veterinarian at the
discretion of the animal control officer.
(6)_ Abandonment of Animals:
A. It shall be unlawful for any person to abandon any canine, animal or livestock as set forth
in definition of "Abandon ", whether in his/her care or charge, whether belonging to
himself/herself or any other person.
B. It is the duty of any animal control officer or peace officer to take possession of an
animal for which probable cause exists to believe an animal has been "Abandon[ed]"
as defined in this ordinance, and deliver such animal to the county animal shelter or
veterinarian at the discretion of the animal control officer _
(7) Abuse of Animals:
A. It shall be unlawful for any person to commit abuse upon any canine, animal or livestock
as set forth in definition of "Abuse" whether in his /her care or charge, whether
belonging to himself/herself or any other person.
B. It is the duty of any animal control officer or peace officer to take possession of any
animal for which probable cause exists to believe an animal has been subject to
"Abuse" as defined in this ordinance, and deliver such animal to the county animal
shelter or veterinarian at the discretion of the animal control officer.
(Violation And Penalty For Prohibited Acts: It shall be unlawful for an owner or custodian of
any animal to violate any of the prohibitions of this section. Any person found in violation of
this provision shall be subject to the penalties set forth in section 08 -03 -27 of this article.
Section 7. Chapter 8, Article 3, Section 27(1)(D) of the Caldwell City Code, concerning
Violation and Penalty in the Animal Control Ordinance, is hereby revised as follows:
08- 03 -27: VIOLATION AND PENALTY:
D. Misdemeanors: Notwithstanding any provision of this article to the contrary, the
animal control director, animal control officer or prosecutor shall have the discretion to
charge violations of subsections 08-03-23(6) Abandonment 08-03-23(7) Abuse 08-
03- 07 (2), (Interfering with Animal Control Officer), 08 -03 -19 (9) (Freeing of
Impounded or Enclosed Animals Prohibited), 08 -03 -23 (Animal Fighting), 08 -03-
23(4) Animals Unattended), 08 -03 -23(5) (Cruelty to Animals), and section 08 -03 -25
Vicious Animals; Dangerous Animals of this article as a misdemeanor on the first
offense.
Section 8. All ordinances, resolutions, orders or parts thereof in conflict herewith are hereby
repealed, rescinded and annulled.
Section 9. This ordinance shall be in full force and in effect from and after its passage, approval
and publication, according to law.
Section 10. 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 J'& day of , 2013_
APPROVED BY THE MAYOR OF THE CITY OF CALDWELL, IDAHO,
this lR*'( day of , 2013.
ATTEST:
Garret Nancolas, Mayor
Debbi�Cle
CITY
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ORDINANCES OF THE CITY OF CALDWELL
NOTICE OF ADOPTION AND SUMMARY OF
ORDINANCE NO. 2950
AN ORDINANCE ENACTED BY THE CALDWELL CITY COUNCIL AMENDING
CHAPTER EIGHT, ARTICLE THREE CONCERNING THE ANIMAL CONTROL
ORDINANCE; ADDING, MODIFYING, IMPLEMENTING AND DELETING DEFINED
TERMS; IMPOSING FEES AND COSTS ON THE OWNER OF A SEIZED ANIMAL;
ADDING PROVISIONS FOR THE IMPOUNDMENT, SURRENDER AND SALE OF
ANIMALS; PROHIBITING ANIMALS FROM BEING LEFT UNATTENDED IN
VEHICLES AND CRUELTY TO ANIMALS; PROVIDING FOR AN EFFECTIVE
DATE; PROVIDING FOR SEVERABILITY; AND REPEALING ALL ORDINANCES,
RESOLUTIONS, ORDERS, AND PARTS THEREOF IN CONFLICT HEREWITH.
Section 1. Amends Section 08 -03 -05 of the Caldwell City Code, concerning Definitions of terms
used in the Animal Control Ordinance by adding, modifying, and deleting defined terms.
Section 2. Amends Section 08- 03- 09(1)G of the Caldwell City Code, concerning Canine
Licensing in the Animal Control Ordinance by implementing the new defined term "service
animal ".
Section 3. Amends Section 08 -03 -11 of the Caldwell City Code, concerning Fees in the Animal
Control Ordinance, by imposing fees and costs on the owner of animals seized by law
enforcement officials.
Section 4. Amends Section 08 -03 -19 of the Caldwell City Code, concerning Impounding in the
Animal Control Ordinance, by adding provisions for the impoundment, surrender and sale of
animals seized by law enforcement officials.
Section 5. Amends Section 08 -03 -21(1) of the Caldwell City Code, concerning the Sale of
Impounded Livestock in.the Animal Control Ordinance, -by authorizing the sale of impounded
livestock by the animal control director.
Section 6. Amends Sections 08- 03- 23(4), (5), (6) and (7) of the Caldwell City Code, concerning
Prohibited Acts in the Animal Control Ordinance, by prohibiting animals from being left
unattended in vehicles, cruelty, abandonment and abuse of animals.
Section 7. Expands violations that may be charged as a misdemeanor on the first offense.
Section 8. Repeals confliction ordinances, resolutions and orders
Section 9. Provides that this ordinance shall be in full force and effect from and after its
passage, approval, and publication, according to law.
Section 10. Provides for severability.
Ordinance No. 2950 provides an effective date, which shall be when published in the Idaho Press Tribune
on the 25 day of November 2013. Ordinance No. 2950 was passed by the Council and approved by the
Mayor on the 18 day of November 2013. The full text of the Ordinance is available at Caldwell City
Hall, 411 Blaine Street, Caldwell, Idaho. The Mayor and City Council approved the foregoing summary
on the 18 day of November 2013 for publication on the 25 "' day of November 2013, pursuant to Idaho
Code 50 -901A.
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. 2950and provides adequate notice to the public as to
the contents of such ordinance.
DATED this 18' day of November 2013.
Mark Hilty, Attorney for City of Caldwell A5