(1) Purpose: The purpose of these regulations is to provide a definition of various types of animals; to set forth reasonable standards for the keeping and care of the defined various types of animals; to protect the property rights of citizens annexed into the city of Caldwell with animals or rights to keep animals; to help maintain neighborhood compatibility; and to protect the health, safety, and welfare of the general public. (Ord. 2865, 6-20-2011)
(2) Definitions:
ANIMALS: For purposes of this section, any living creature that is not a human being.
COMPANION ANIMAL: Animals that do not have specific disability related training but are necessary in coping with a disability (for instance, if the animal provides emotional support to a person with disabilities) as attested to in writing, and signed, by a currently licensed psychiatrist, psychologist, mental therapist, mental counselor or similar.
DOMESTIC CAT: Also called a house cat. Domesticated member of the family Felidae (cat family), order Carnivora, and the smallest member of that family. Like all felids, domestic cats are characterized by supple, low slung bodies, finely molded heads, long tails that aid in balance, and specialized teeth and claws that adapt them admirably to a life of active hunting. Domestic cats possess other features of their wild relatives in being basically carnivorous, remarkably agile and powerful, and finely coordinated in movement.
LIVESTOCK: Those class of animals that are kept and housed outside the home or in enclosures such as pens, barns, corrals or paddock areas. Livestock includes, but is not limited to, chickens, cows, ducks, geese, goats, horses, llamas, peacocks, rabbits, roosters, sheep, swine and/or anything similar to the aforementioned. Livestock also includes any grazing or foraging animal.
PET: Pets generally include those animals that are typically housed indoors. Pets also include certain animals that may be housed outdoors. Those certain animals, in limited numbers only, are: cats; chickens; dogs; ducks; geese; goats; miniature horses; pigeons, doves or similar; potbellied pigs; rabbits or similar; reptiles (nonprohibited only); rodents (nonprohibited only); sheep; or, such equivalent small animals or poultry as determined by the planning director or his/her authorized designee. Animals deemed to be pets shall comply with the performance standards as set forth in this section and only qualify as pets in the maximum number allowed in this section. (Ord. 2865, 6-20-2011; Ord. 2982, 2-2-2015)
(3) Regulations:
A. Animal locations, structures, pens, corrals and/or any other premises, enclosure or structure used for the keeping and maintaining of animals, livestock, pets, and/or companion animals must be kept in a clean and sanitary condition, free from obnoxious odors and substances.
B. All persons who keep or maintain any animals, livestock, pets, and/or companion animals shall keep them confined at all times to the subject property in enclosures strong enough to prevent the said animals from entering the premises or property of another, including sidewalks, streets and alleys unless accompanied by the animal owner and unless the animal is contained on/with a leash or similar.
C. It shall be unlawful for any person keeping or maintaining any animals, livestock, pets, and/or companion animals to allow the same to create a disturbance to the residents in the particular locality by creating any noise, odor or damage to the adjacent property, and the keeping and maintaining of said animals shall not interfere with the peaceful and quiet enjoyment of such property by such adjacent owners or residents.
D. It shall be unlawful for animal/livestock/pets/companion animal owners to fail to exercise proper care and control of their animals/livestock/pets/companion animals to prevent them from becoming a public nuisance.
E. All persons shall be guilty of allowing animals/livestock/pets/companion animals to become a nuisance:
1. When animals/livestock/pets/companion animals emit excessive, continuous or untimely noise;
2. When animals/livestock/pets/companion animals molest passersby and/or chase vehicles;
3. When animals/livestock/pets/companion animals habitually attack other animals/livestock/pets/companion animals;
4. When animals/livestock/pets/companion animals trespass upon public or private property; or
5. When animal/livestock/pet/companion animal owners allow excessive accumulation of animal feces and/or related odor in such a manner as to affect the health and quiet enjoyment of another person.
(4) Livestock:
A. Commercial Livestock Use: The raising of livestock for the specific purpose of selling the livestock or livestock products (such as milk, meat, eggs, etc.) represents commercial livestock use. Such use requires compliance with the base standards in this section, approval of a special use permit and compliance with all conditions placed upon the approved special use permit. The raising of animals for youth development activities involving 4-H or Future Farmers Of America (FFA) and the sale of such animals shall not be considered a commercial use.
B. Number Of Livestock Allowed:
1. A minimum lot size of one-half (1/2) acre is required to qualify for the keeping of livestock within the city of Caldwell.
2. Property owners are allowed the following maximum number of animals per one-half (1/2) acre: (Ord. 2865, 6-20-2011)
Animal | Maximum Number Per
1/2 Acre |
Animal | Maximum Number Per
1/2 Acre |
Chickens (no roosters) | 30 |
Cows or similar | 1 |
Ducks | 12 |
Geese | 6 |
Goats | 4 |
Horses or similar | 1 |
Llamas or similar | 1 |
Pigeons, doves or similar | 30 |
Rabbits | 30 |
Sheep | 4 |
Swine | 4 |
(Ord. 2865, 6-20-2011; Ord. 3010, 11-16-2015)
The number of animals allowed per one-half (1/2) acre is based upon the size and characteristics of the animal. The planning and zoning department shall determine the equivalent number of animals allowed for animals not listed in the above table, including miniature forms of large animals, and shall take into consideration the purpose of this section and the impacts to adjacent properties in making a determination.
In instances where a mixed livestock density is desired, the number of types of animals desired shall be divided into the maximum number allowed. For instance, an individual who has one-half (1/2) acre of land wants to have sheep, goats, swine and ducks which is four (4) different types of animals. The maximum number of sheep allowed is four (4). Four (4) divided by four (4) equals one. The maximum number of goats allowed is four (4). Four (4) divided by four (4) equals one. The maximum number of swine allowed is four (4). Four (4) divided by four (4) equals one. The maximum number of ducks allowed is twelve (12). Twelve (12) divided by four (4) equals three (3). Therefore, the individual could have, as livestock, a combined total of one sheep, one goat, one swine and three (3) ducks on one-half (1/2) acre of land.
C. Standards For Livestock:
1. Livestock shall be kept and maintained within enclosures which may include fences, corrals, barns, pens, etc., or some other structure that will ensure the livestock cannot ever leave the premises of its own volition.
2. Livestock enclosures, regardless of square footage, must meet the setback requirements of the zoning district within which they are located. Livestock enclosures at residential dwellings located in commercial or industrial districts shall meet the setback requirements for the R-3 (high density residential) zoning district. Livestock enclosures in commercial and industrial sites that are not residential in use shall also meet the setback requirements for the R-3 (high density residential) zoning district.
3. All fencing shall meet the requirements of the fence ordinance for the zone in which they are located.
4. The maximum number of livestock allowed is listed in the table above. Maximum animal density does not include offspring born on the property until said offspring are nine (9) months of age.
5. Property owners keeping livestock in accordance with the above standards must maintain such animals in a manner that does not cause adverse impact to neighboring properties. Potential negative impacts on adjacent properties include odors, noise, drainage, erosion and flies. Individuals who keep livestock are responsible for the regular removal and disposal of animal waste, and control of insects, erosion and odor. Nondomesticated animals such as raccoons must be kept in fully enclosed structures and be in compliance with all state and federal licensing requirements in addition to the provisions of this section. Failure to maintain the property in accordance with these requirements shall be considered a violation of this section.
6. Exceptions to minimum lot size:
(A) Animals classified as livestock within this section may be kept on less than one-half (1/2) acre for educational purposes, such as 4-H or FFA as long as the performance standards listed above are complied with. The specified maximum animal density allowed for one-half (1/2) acre shall not be exceeded for such educational uses.
(B) Animals defined as pets or kept as companion animals may be kept in the numbers prescribed below regardless of the size of the parcel as long as the performance standards listed in this section are complied with. (Ord. 2865, 6-20-2011)
(C) Regardless of lot or parcel size, the following animals shall be allowed as pets with the maximum number indicated, provided no individual household shall have any more than three (3) different types of pets: (Ord. 2982, 2-2-2015)
Cats | 5 |
Chickens (no roosters) | 10 |
Dogs (see chapter 8, article 3 of this code for further rules on dogs) | 3 |
Ducks | 2 |
Geese | 2 |
Goats (miniature/pygmy) | 2 |
Miniature horses | 1 |
Pigeons, doves or similar | 10 |
Potbellied pigs | 1 |
Rabbits or similar | 5 |
Reptiles (nonprohibited only) | No limit |
Rodents (nonprohibited only) | No limit |
(Ord. 2982, 2-2-2015; Ord. 3010, 11-16-2015)
For instance, one household could have five (5) cats, ten (10) chickens and one goat as pets. To exceed these numbers and/or have any more different types, a lot or parcel must be a minimum one-half (1/2) acre in size and/or the individual must obtain special use permit approval. (Ord. 2982, 2-2-2015)
(5) Animals Prohibited:
A. It shall be unlawful for any person to harbor, keep, maintain or possess within the city any of the following animals:
1. Mammals:
All marine mammals.
All marsupials except Virginia opossum, sugar gliders, and bettongs.
All members of the family Canidae (dog family), including, but not limited to, wolves, foxes, jackals and coyotes, except domesticated dogs.
All members of the family Felidae (cat family) except domestic cats.
All members of the family Huyaenidae, including, but not limited to, hyenas and aardwolves.
All members of the family Mustelidae except domestic ferrets (Mustela putorious).
All members of the family Procyonidae, except the raccoon native to Idaho (Procyon lotor).
All members of the order Insectivora except hedgehogs.
All nonhuman primates.
All rodents except domestic rats, mice, guinea pigs, hamsters, gerbils, and squirrels not otherwise restricted by federal law.
2. Reptiles:
Aldabra or Galapagos tortoises.
All members of the order Crocodilia.
Anacondas.
Elapids (family of venomous snakes), including, but not limited to, coral snakes.
Komodo dragons.
Sea turtles of any kind.
Tuataras.
Viperids (family of venomous snakes), including, but not limited to, rattlesnakes, cottonmouths, and copperheads.
Wild caught Gila monsters and beaded lizards.
3. Insects:
All insects listed as agricultural pests by the USDA and Idaho department of agriculture.
B. All animals listed as threatened or endangered on either a state or federal level and all illegally imported animals shall be prohibited in the same manner as those listed above.
C. The provisions of subsections A and B of this section shall not apply to the keeping of such animals by any bona fide licensed veterinary hospital for treatment, bona fide educational or medical institutions, museums, bona fide zoos or by rehabilitators, breeders, or exhibitors who are properly licensed or permitted by the city, the Idaho department of agriculture, the U.S. fish and wildlife service, or U.S. department of agriculture. (Ord. 2865, 6-20-2011)