HomeMy WebLinkAboutORD 3201ORDINANCE NO. 3201
AN ORDINANCE ENACTED BY THE CALDWELL CITY COUNCIL AMENDING
CHAPTER 8, ARTICLE 3, SECTION 08-03-25 OF THE CALDWELL CITY CODE,
PERTAINING TO VICIOUS AND DANGEROUS 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. That Chapter 8, Article 3, Section 08-03-25 of the Caldwell City Code,
pertaining to vicious and dangerous animals, be amended as follows:
08-03-25: VICIOUS ANIMALS; DANGEROUS ANIMALS:
(1) Vicious Animals Unlawful: It is unlawful to own, possess or have custody of a vicious
animal anywhere within the city. Provided thAt this section shah not apply to animals owned "YY`J animals
A vicious or dangerous animal is:
(A) AU animal which, when unprovoked in a vicious or terrorizing manner, physically
attacks wounds bites or otherwise injures any person upon the streets sidewalks
any public grounds or places, or private property not owned or possessed by the
owner of the animal; or
(B) Any animal with a prior documented history, in any jurisdiction of unprovoked
attack or biting of persons or other domestic animal(s); or
(C) Any animal owned or harboredrip marily or in part for the purposes of fighting or
attacking people or any animal trained for fighting or attacking persons or animals.
Exceptions:
(A� No animal may be declared vicious or dangerous if an injury or damage is sustained
by a person who, at the time that such injury or damage was sustained: (i) was
committing a willful trespass or other crime or tort upon the premises occupied bX
the owner of the animal, whether or not the animal's owner is present at the time of
the unlawful trespass or other crime; or (ii) was teasing tormenting abusing or
assaulting the animal; or (iii) was committing or attempting to commit a crime.
(B) No animal may be declared vicious or dangerous if the dog was protecting or
defending a person within the immediate vicinity of the dog from an unjustified
attack or assault.
(C No dog owned, maintained, or kept for work as a law enforcement dog, either
currently or retired, may be declared vicious or dangerous if the action that would be
defined as vicious took place while the dog was acting within its capacity for law
enforcement purposes.
Section 2. This ordinance shall be in full force and effect from and after its passage,
approval, and publication, according to law.
Section 3. 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.
Section 4. All ordinances, resolutions, orders and parts thereof in conflict herewith
are repealed.
PASSED BY THE COUNCIL OF THE CITY OF CALDWELL, IDAHO, this 4th
day of March, 2019.
APPROVED BY THE MAYOR OF THE CITY OF CALDWELL, IDAHO, this 4th
day of March, 2019.
ATTEST:
City�Clerk�(oreputy)
CA
see h.
000
�• ,
• JAN 15
C7 . •
%,,'�p� •. X890 •..•�P,.••
CbuN'
ORDINANCES OF THE CITY OF CALDWELL
NOTICE OF ADOPTION AND SUMMARY OF
ORDINANCE NO. 3201
AN ORDINANCE ENACTED BY THE CALDWELL CITY COUNCIL AMENDING CHAPTER 8,
ARTICLE 3, SECTION 08-03-25 OF THE CALDWELL CITY CODE, PERTAINING TO
VICIOUS AND DANGEROUS ANIMALS; PROVIDING FOR AN EFFECTIVE DATE;
PROVIDING FOR SEVERABILITY; AND REPEALING ALL ORDINANCES, RESOLUTIONS,
ORDER AND PARTS THEREOF, IN CONFLICT HEREWITH.
Section 1: Amends Chapter 8, Article 3, Sections 08-03-25 of the Caldwell City Code, pertaining to vicious
and dangerous animals, by adding a definition of "vicious or dangerous animal" to further clarify violations
of provisions throughout the Chapter, and by adding exceptions to the definition.
Sections 2 through 4: Provides that this ordinance shall be in full force and effect from and after its passage,
approval, and publication, according to law; provides for severability; repeals conflicting ordinances,
resolutions, and orders.
Ordinance No. 3201 provides an effective date, which shall be on the 12"' day of March, 2019. Ordinance
No. 3201 was passed by the Council and approved by the Council President on the 41'' day of March, 2019.
The full text of the Ordinance is available at Caldwell City Hall, 411 Blaine Street, Caldwell, Idaho 83605.
The Council President and City Council approved the foregoing summary on the 41' day of March, 2019,
for publication on the 12'" day of March, 2019, pursuant to Idaho Code § 50-90I A.
Dennis Callsen, Council President
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. 3201 and provides adequate notice to
the public as to the contents of such ordinance.
DATED this 4th day of March, 2019. 1 1 vim'
Mark Hilty, Attorney for City of Caldwell