A. Prohibition: It shall be unlawful for a person to fail to exercise proper care and control of their animal. To prevent it from becoming a public nuisance, as the term public nuisance is defined in Chapter 1, Title 52, of the Idaho Code, a person shall be subject to criminal liability and guilty of a misdemeanor for allowing an animal to become a public nuisance when such person permits or allows an animal to:
1. Bark, bay, cry, howl, or emit any excessive animal noise audible beyond the boundaries of the property on which the animal is situated for an extended period of time, day or night, thereby unreasonably disturbing another person. For purposes of this Section "extended period of time" means either:
a. Barking, baying, crying, howling, or other animal noise emitted by one or more animals incessantly for thirty (30) minutes, with no individual period of silence of more than one (1) minute during the thirty (30) minute period; or
b. Barking, baying, crying, howling or other animal noise emitted by one or more animals intermittently for a total of sixty (60) minutes or more within a twenty-four (24) hour period.
B. Exceptions: This Section shall not apply to animals that are being harassed or provoked by a person to cause such noise, that are maintained on land zoned for agricultural purposes, are kept at a properly permitted animal shelter established for the care and placement of unwanted or stray animals, or are kept at a properly zoned commercial boarding kennel.
C. Proof of Excessive Noise Nuisance: The owner or custodian of an animal may be charged with excessive animal noise nuisance when an Animal Control Officer:
1. Receives signed complaints alleging an animal noise nuisance from at least two (2) unrelated adult witnesses residing in different residences;
2. Receives a signed complaint alleging an animal noise nuisance from one adult witness who has an audio or video recording of the alleged violation;
3. Receives a signed complaint alleging an animal noise nuisance from one (1) adult witness and the Animal Control Officer also personally observes noise emission consistent with the complainant's allegations, even if the noise emission witnessed by the officer is for less than the required amount of time under this ordinance; or
4. Personally witnesses the excessive noise violation for the required period of time under this ordinance.
D. Other Animal Nuisances: Another animal nuisance may occur when:
1. An animal threatens, or acts aggressively towards, passersby;
2. An animal chases vehicles, individuals on bicycles, scooters or similar devices, or pedestrians;
3. An animal attacks other animals;
4. An animal trespasses upon public or private property in such a manner as to damage the property;
5. An excessive amount of animal feces is permitted to accumulate in such a manner as to present a health risk to a person or which is of such quantity as to generate odors off the premises of the animal owner; or
6. An owner fails to confine a female dog during estrus or proestrus in a building or secure enclosure in such manner that such female dog cannot come into contact with male dogs, except for planned breeding.
E. Nuisance Feral Cat Prevention: Any cat not spayed or neutered that is permitted to be out of doors not under the direct control of its owner is deemed a nuisance. The Animal Control Agency may seize any cat At Large and may spay or neuter such animal. The Animal Control Agency may mark the cat as being spayed or neutered by marking the animal's ear, or through some other methodology. A cat that is seized pursuant this Section, spayed or neutered, and marked as such, may be released by the Animal Control Agency to the location from which it was seized. (Ord. 945, 1-24-2023)