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ORDINANCE NO. 8-1
DISTURBANCE OF PEACE
TITLE 8 - PUBLIC SAFETY AND PROPERTY REGULATIONS
ORDINANCE NO. 8-2
ORDINANCE NO. 8-3
ANIMAL CONTROL ORDINANCE
8-3-2 KEEPING OF CERTAIN DOMESTIC ANIMALS PROHIBITED
8-3-3 NON-DOMESTICATED ANIMALS
8-3-4 LICENSE REQUIRED; TAG; FEES
8-3-5 RABIES VACCINATION
8-3-6 IMITATION LICENSE TAGS
8-3-7 OWNERSHIP RESTRICTION
8-3-8 RESTRAINT AND CONFINEMENT BY OWNER/CUSTODIAN
8-3-9 DOGS RUSHING AT PERSONS
8-3-10 NUISANCES PROHIBITED
8-3-11 CRUELTY TO ANIMALS PROHIBITED
8-3-12 SANITATION REQUIREMENTS
8-3-13 RABIES CONTROL
8-3-14 LIABILITY FOR DAMAGE TO PROPERTY
8-3-15 PUNISHMENT FOR VIOLATION
BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF ATOMIC CITY:
SECTION: 8-3-1: DEFINITIONS:
As used in this chapter, the following terms shall be defined as in this section provided:
ABANDONMENT: It shall be unlawful for any owner of an animal or his agent to abandon said animal within the city limits. Abandonment means the desertion of said animal for more than thirty six (36) hours.
ANIMAL: Every domesticated and tame living creature, except members of the human race.
AT LARGE: Off the property of the owner and off the leash, cord, chain or effective control of a responsible person.
CONFINED: The dog is restricted to the property of the owner by leash, cord, chain or fence barrier.
CRUELTY TO ANIMALS: See section 8-3-12 of this chapter.
DOG: Includes both male and female member of the canine family over the age of six (6) months.
HOUSEHOLD PETS: Dogs, cats, turtles, canary, parrot or fish.
LIVESTOCK: Agricultural-Farm animals such as fowl, cows, horses, mules, ox, swine, goats, sheep, lamas, alpacas, etc.
OWNER: Any person owning, keeping or harboring a dog or otherwise responsible for such animal.
VETERINARIAN: A graduate doctor of veterinary medicine licensed to practice in the state of Idaho.
Any animal which, when unprovoked by teasing, taunting, or a threatening manner by any person, approaches said person in an apparent or perceived attitude of attack upon the streets, sidewalks, public grounds or places, common areas within subdivisions or mobile home or recreational vehicle parks, common grounds of apartment buildings, condominiums or townhouse developments, or private property not solely owned or possessed by the owner or custodian of the animal; or
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 or livestock; or
Any animal that bites, inflicts injury, assaults, or otherwise attacks a human being or domestic animal or livestock without justifiable provocation; or
Any animal owned or harbored primarily or in part for the purpose of fighting or any animal trained for fighting; or
Any dog that has been trained as an attack dog, except dogs used by law enforcement agencies.
EXCEPTIONS: An animal will not be considered "vicious" if it engages in any of the above listed actions towards a person or animal that is either: a) committing a trespass or other tort upon the premises of the animal's owner or custodian; or b) committing a crime against the animal's owner or custodian. An animal will not be considered "vicious" if any of the above actions occur when the animal is being teased, tormented or abused, or if the actions were in reaction to either a crime committed by a person or an attempt by a person to commit a crime.
SECTION: 8-3-2: KEEPING OF CERTAIN DOMESTIC ANIMALS PROHIBITED:
Except as set forth below, it shall be unlawful for any person to keep or maintain within the City of Atomic City any horse, mule, ox, cow, swine, goat, sheep, fowl, bison, or llama, etc. regardless of weight.
Nothing herein shall prohibit the keeping or maintenance of the following animals:
Any domestic dog, cat, canary, parrot, turtle or fish.
Notwithstanding the foregoing, the keeping of not more than six (6) domestic hen chickens is permitted within the rear yard of any single family dwelling or duplex located in a residential zone; provided that the following requirements are observed:
The chickens must be maintained in such a manner that they do not become a "nuisance" as that term is defined in this code.
Additional farm animals may be allowed by a conditional use permit.
Area requirements for animals not listed shall be determined by the zoning administrator based upon the area requirements of the closest related animal.
Any farm animal use that is grandfathered in and not maintained for over a six (6) month period shall be terminated.
SECTION: 8-3-3: NON-DOMESTICATED ANIMALS:
Non-domesticated animals or animals that are not commonly or traditionally domesticated such as deer, elk, moose, antelope, snakes (other than small snakes no more than 3 feet long kept in a cage or aquarium within a house and limited to no more than 2), lions, tigers, bears, wolves, wolf hybrids, coyotes, bobcats, cougars and the like are not permitted within the city. Any such animals located within the city at the time of passage of this chapter shall have grandfather rights, but shall not increase the number above the number of such animals in existence at the time of passage of this chapter. Any such animals that pose danger to people or other animals shall be removed upon notice to do so.
SECTION: 8-3-4: LICENSE REQUIRED; TAG; FEES:
A. LICENSE REQUIRED: It shall be unlawful for any person to own, harbor, keep or possess a dog which is more than twelve (12) weeks of age within the city without first procuring a license therefore as provided by this chapter; provided, however, that the provisions of this chapter shall not apply to any person visiting in the city for a period not exceeding thirty (30) days, and owning or possessing a dog currently licensed, and bearing the license issued by another municipality or other licensing authority.
B. COLLAR; TAG: Every dog shall at all times wear a substantial, durable collar, to which shall be securely attached the required license tag.
C. LICENSE FEES; EXPIRATION:
LICENSE TERM: All dog licenses within the city shall be valid for no more than one year, July 1st thru June 30th, tag fee must be paid annually by June 30th.
LICENSE FEE: The owner or person having charge of any dog, except as provided in this chapter, shall make application to the city for a dog license and pay an animal license fee in such amount as established by resolution of the city council.
LOST TAGS; FEE: A charge in such amount as established by resolution of the city council shall be made for each lost license tag reissued by the city.
CERTIFICATE OF NEUTER REQUIRED: A certificate of neuter or spay issued by a veterinarian or the Idaho Humane Society shall be required to be present at the time the license is applied for in order to secure the license rate for a neutered or spayed dog.
EXCEPTION TO LICENSE FEE: Any dog owned and used by a blind, visually or hearing impaired person and used as a seeing eye or hearing ear dog or guide dogs in training, shall be licensed annually at no cost to the owner and user of the dog. To qualify under this exception, the owner and user of the dog must be medically certified as having a visual or hearing impairment by a licensed medical doctor.
SECTION: 8-3-5: RABIES VACCINATION:
A. CERTIFICATE REQUIRED: The owners of all dogs that are required to be licensed under this chapter shall present to the city, prior to being issued a dog license, a valid rabies vaccination certificate issued by a licensed veterinarian.
B. GUIDELINES: A rabies certificate shall be considered valid within the following guidelines:
Within one year from the date of issue when the dog vaccinated was less than one year old.
Within three (3) years from the date of issue when the dog vaccinated was one or more years of age.
SECTION: 8-3-6: 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 issued for another dog or to wear any imitation of the license tag issued by the city for that year, or any tag marked on plate or collar similar to that required by the city at the time and calculated to deceive.
SECTION: 8-3-7: OWNERSHIP RESTRICTION:
No person or establishment may at any one time own, possess, maintain, harbor, care for, or license more than two (2) dogs and five (5) cats at any single location within the jurisdiction of this chapter unless such person or establishment obtains a kennel license. This provision shall not apply to a litter of puppies or a litter of kittens under six (6) months of age and kept and housed with the mother.
SECTION: 8-3-8: RESTRAINT AND CONFINEMENT BY OWNER/CUSTODIAN:
A. DOG AT LARGE PROHIBITED: It is unlawful for any owner/custodian to fail to keep any dog under restraint or to permit such animal to be at large upon the streets and public ways of the city or on public or private property without the consent of the owner of the property, unless the dog is under the control of a person holding a leash no longer than ten feet (10'), securely attached to the animal and of sufficient tensile strength to restrain it, or unless the dog is confined in a motor vehicle in such a manner that neither its claws nor its teeth can extend beyond the exterior of the vehicle. Any dog found at large may be impounded as provided in this chapter.
B. LIVESTOCK: No horse, mule, cow, calf, steer, bull, swine or other domestic or wild animal shall be allowed to run at large, or to be herded in any of the streets, alleys or public places within the corporate limits of the city, or upon any private premises therein, except those of the owners of such animals, unless when being driven through for shipment or other purposes, the owner or owners of such animals first obtain permission of the owner or owners of such private premises, or his or their agent or the occupant thereof.
C. LOCATION OF DOG RUNS OR KENNELS: No person shall maintain or construct any dog run within thirty feet (30') of the residence of any neighboring property.
SECTION: 8-3-9: DOGS RUSHING AT PERSONS:
Any owner or keeper of a dog that rushes at any person, on a public right of way; lawfully on any property, public or private; any postal, utility or city employee during the course of their employment; or any cyclist or motor vehicle, shall keep such dog confined or tethered in such a manner as to prevent such action by said dog.
SECTION: 8-3-10: NUISANCES PROHIBITED:
A. It shall be unlawful for any person to keep any animal on any property located within the city when the keeping of such animal, or the method of keeping or harboring such animal, constitutes a public nuisance or menace to public health or safety.
B. No person owning, harboring, keeping or in charge of any animal shall cause unsanitary, dangerous or offensive conditions by virtue of the size or number of animals maintained at a single location or due to the inadequacy of the facilities. It shall be a violation of this section if the number of animals maintained at a single residence or the condition of the facilities is offensive, injurious or dangerous to the public health or the neighbors in close proximity to the premises.
C. It shall be unlawful for any person to allow any animal in his/her care to become a public nuisance animal. Conduct that renders an animal a public nuisance shall include, but not be limited to:
Repeated running at large (more than 2 violations).
Being at large in any section of a park or public recreation area without being controlled by a leash no longer than ten feet (10') or similar physical restraint.
Damaging, soiling, defiling, urinating on, or defecating on any property other than that of its owner.
Making disturbing noises, including, but not limited to, continued and repeated howling, barking, whining, crowing, braying, or other utterances causing unreasonable annoyance, disturbance, or discomfort to neighbors or others in close proximity to the premises where the animal is kept or harbored.
Fouling of the air by noxious or offensive odors and thereby creates unreasonable annoyance or discomfort to neighbors or others in close proximity to the premises where the animal is kept or harbored.
Molesting, attacking, or otherwise interfering with the freedom of movement of persons in a public right of way.
Chasing motor vehicles in a public right of way.
SECTION: 8-3-11: CRUELTY TO ANIMALS PROHIBITED:
It shall be unlawful for any person to engage in any conduct defined in this section as "cruelty to animals". Such prohibition shall include, but not be limited to, the following:
A. OVERLOADING; EXPOSURE TO DANGER: It shall be unlawful for any person to overload or override an animal or to expose any animal, excluding animals used in law enforcement, to any other unreasonable danger to its health or life.
B. ABUSE: It shall be unlawful to willfully or maliciously strike, beat, abuse or intentionally run down with a vehicle any animal or otherwise engage in any act to cause or inflict unnecessary pain, injury, suffering or death to such animal; except that reasonable force may be used to drive away any vicious or trespassing animal.
C. POISON: It shall be unlawful for any person, except a licensed veterinarian for humanitarian purposes, to administer poison to any animal, or knowingly expose any animal to any poisonous substance, or ground glass, or leave any such substance in any place with the intent to injure any animal. The provisions of this section are not applicable to exterminators or property owners using poisons or traps as part of a pest control program, or to the use of commercial insecticides and rodent baits used to control insects and wild rodents, or to employees of the animal control shelter in the discharge of their duties related to euthanasia.
D. TRAPS: It shall be unlawful to set any trap that is likely to be injurious to domestic animals. Traps obtained from the animal shelter are deemed not to be in violation of this section. Nothing herein shall be construed to prevent property owners from setting humane traps to capture and dispose of lawn and garden pests, rats, mice, gophers, moles, voles, or other animals which constitute a nuisance or are deleterious to their enjoyment of life or property.
E. FOOD AND SHELTER: No owner shall fail to provide his animals with sufficient food, proper shelter and adequate veterinary care when required.
F. ABANDONMENT: No person shall abandon any animal.
G. DISPOSITION OF DEAD ANIMALS: No person shall place or cause to be placed, any dead animal on public or private property without the consent of the owner or person in charge of the property.
SECTION: 8-3-12: SANITATION REQUIREMENTS:
A. No owner/custodian of any animal shall cause or allow such animal to soil, defile, urinate, or defecate on any public property or upon any street, sidewalk, public way, play area or common grounds owned jointly by the members of a homeowners' or condominium association, or upon private property other than that of the owner, unless such owner or custodian immediately removes and disposes of all feces deposited by such animal by collection of the feces and removal of such to the property of the animal owner/custodian for disposition thereafter in a manner permitted by law.
B. No person owning, harboring or keeping an animal within the city shall permit any waste matter from the animal to collect and remain on any property so as to cause or create an unhealthy, unsanitary, dangerous or offensive living condition on the owner's or custodian's property, or to property of others. Offensive living condition shall include, but not be limited to, exposure to the odor of accumulated feces.
SECTION: 8-3-13: RABIES CONTROL:
A. Proclamation Of Mayor: The mayor is hereby authorized and empowered to issue a proclamation upon order of the city council whenever the prevalence of rabies in the city and vicinity deems it necessary calling attention of the public to the necessity of complying with the provisions of this chapter relative hereto.
B. Running At Large During Prevalence Of Rabies: It shall be unlawful for the owner or keeper of any dog to permit such dog to run at large within the limits of the city, during the prevalence of rabies in the city, or after the issuance of a mayor's proclamation as provided in subsection A of this section.
1. Keeping Dog Afflicted With Rabies: It shall be unlawful for a person to own, keep or harbor any dog afflicted with rabies.
2. Confinement; Fee; Disposition: It is hereby made the duty of any owner of a dog showing symptoms of rabies, or of an unvaccinated dog which has bitten any person causing an abrasion of the skin, to surrender the dog for confinement to a animal shelter, or to a licensed veterinarian, for a minimum of ten (10) days. If such dog shall be determined free of rabies, the same shall be returned to the owner upon payment of the regular fee for keeping dogs impounded. If such fee is not paid, the dog shall be subject to disposal as provided by law. At the discretion of either the animal control officer, the district health department, or the chief of police, the quarantine of a dog may be upon the premises of the owner, or the person in charge of such dog, if the dog is securely confined, kept from contact with other animals and is submitted to a veterinarian for examination at the owner's expense to determine whether or not the dog is rabid.
SECTION: 8-3-14: LIABILITY FOR DAMAGE TO PROPERTY:
The owner or keeper of any animal that does damage to property of another shall be liable to the owner of the property damaged for the damages and costs of suit. In the prosecution of actions of such damage, it is not necessary for the plaintiff to show that the owner or keeper of such animal had knowledge of the fact that such animal was doing damage to the property.
SECTION: 8-3-15: PUNISHMENT FOR VIOLATION:
Any person violating any of the provisions of the forgoing ordinance shall be guilty of a misdemeanor and shall be subject to a fine of not exceeding One Thousand Dollars ($1,000.00) and six (6) months incarceration in the County Jail and the removal of livestock in violation within the Limits of Atomic City.
SECTION: 8-3-16: SEVERABILITY: If any section or provision of this ordinance is held invalid by any court of competent Jurisdiction, such holdings shall not affect the validity of the remaining sections or provisions.
SECTION: 8-3-17: RESOLUTIONS: Resolutions by the Mayor and City Council to change dates and fees from time to time.
This Ordinance shall be in full force and effect from and after its passage and mailing to residents as provided by law.
PASSED AND APPROVED by the City Council of the City of Atomic City, Idaho this 9th day of May, 2016.