A. Purpose: It shall be the purpose of this section to provide standards and procedures for the care and ownership of certain domestic animals within the incorporated areas of the City. This section does not address all aspects of animal ownership, rather it establishes some minimum standards for animal care, control and treatment for public safety and animal welfare; the responsibility for actions and behavior of domestic animals remains with the owner. For purposes of this chapter, all species of animals shall be classified as either a large animal or a small animal in keeping with the definitions of section 4-3-1. Any codes not covered in this code shall be required to follow the codes of Kootenai County with respect to procedures for animal care and impoundment.
B. Requirements For Keeping:
1. It shall be unlawful for any person within the limits of the City on a parcel of less than one acre in size to maintain any horse, cow, bull, or any other large animals as defined herein. The number of animals shall be limited as outlined in subsection C of this section.
2. On parcels over one acre, the following requirements shall be in force:
a. All excreta from the animal shall be removed daily from any building or shelter where the animal is kept, or from any yard or enclosure where the animal is permitted. This excreta shall be buried in the ground or placed in a covered container. Subsequent and final disposal thereof, if made in the City, shall be done by burying the same in the ground.
b. No large animals shall be kept or permitted in any building, shelter, yard enclosure or pasture, unless the parcel is a minimum size of one acre and is at least one hundred fifty feet (150') from any residence, street or highway in the City, except the residence of the owner.
3. It shall be unlawful for the owner or custodian of any animal to refuse or fail to provide such animal with sufficient wholesome and nutritious food, water, veterinary care when needed to prevent suffering, humane care and treatment, or to unnecessarily expose any such animal to intolerably hot, stormy, cold or inclement weather without adequate shelter.
4. No owner or custodian of any animal shall abandon such animal on any street, road, highway or public place, or on private property when not in the care of another responsible person. It shall be unlawful for the owner of any animal to fail to keep such animal under restraint or permit such animal to run at large upon the streets and public ways of the city or upon private property without consent of the owner or present occupant. It shall be prima facie evidence of a violation of this section when an animal is found by an animal safety officer or police officer while it is away from its owner (or responsible person).
5. If a person feeds or harbors any animal, they shall be considered an owner or custodian for purposes of this chapter.
6. Every owner and custodian of animals shall be responsible for any damage done by their animals to another person's property.
C. Keeping Of Exotic Or Wild Animals: It shall be unlawful for anyone to own, harbor, or permit at large any wild or exotic animal without the express written authorization of the Athol City Council. Such authorization may be given only if it is demonstrated to the satisfaction of the council that the animal will not constitute a threat to public health or safety. The City Council may conduct a public hearing to obtain the opinions of adjoining residents and property owners when considering such requests. The City Council may charge an applicant for such authorization an appropriate fee to recover the authorization processing costs incurred by the City.
D. Animal Intensity: The following animal intensity limits shall apply:
1. Large animals - One large animal per acre of total parcel area.
2. Small animals - One small animal or fowl for each two thousand (2,000) square feet of parcel area.
E. Remedy For Violation: Any person who violates any provision of this section may be subject to civil remedy, as necessary, to assure compliance with this section. Cost of this remedy shall be defrayed by the owner of the animal. (Ord. 416, 3-21-2018; amd. Ord. 430, 11-17-2020)