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(A) Kennel fees. Any person conducting, operating, or maintaining a “commercial dog kennel” or “dog kennel” as herein defined shall pay to the City Clerk's Office, for the privilege of conducting, operating, or maintaining such dog kennel, an annual license fee of $100. The annual kennel license fee is in addition to the license registration fee as outlined in § 90.03(B)(2)(b) above. All license fees are renewable each year on the anniversary of date of issuance.
(B) Qualifications for issuance of dog kennel license.
(1) The City Clerk may issue a kennel license only after receiving a positive recommendation from the Sheriff Department and/or agent thereof who has made a personal investigation into each application including an on-site visit to the kennel area. The City Clerk must receive the proper fee amount. No license may be issued until the Sheriff has certified to the City Clerk that all requirements of this subchapter have been complied with. The City Clerk may deny the issuance of a license if fraudulent or untrue representations have been made by the applicant, or if the applicant is in violation of any of the provisions of this chapter. All licenses that are issued based upon fraudulent statements are null and void as if they have never been issued.
(2) At least 15 days before applying for a license, the applicant shall circulate a petition among all households located within 300 feet of any part of the applicant’s property. The petition shall state the number and types of dogs the applicant wishes to keep and shall give the legal location of the property on which the applicant wishes to keep the dogs. The applicant must obtain the written approval of 75% of the homeowners located within 300 feet of their property before a kennel license application may be considered.
(3) Prior to the license issuance hearing, the Sheriff must inspect places and premises in the city where any dogs are to be housed under the license applied for and, if a violation of this subchapter is found to exist, the Sheriff shall not recommend to the City Clerk that a license be issued. Kennel licenses shall expire one year from date of issuance and may be reissued by the City Clerk upon written certification by the Sheriff that the kennel operator has complied with the kennel rules and conditions contained in this subchapter for the entire preceding year.
(C) Revocation of license.
(1) The Sheriff may recommend to the City Clerk the revocation of any kennel license upon evidence that any of the conditions set forth in this chapter, as a prerequisite of the issuance of a license, have been violated, or that that license was issued upon fraudulent or untrue representations by applicant, or 75% of the homeowners located within 300 feet of the property of the kennel location, file a petition for such revocation, or that the person holding the license has violated any of the material provisions of this chapter.
(2) All places and premises upon which any of the dogs are kept or housed shall be open at all reasonable times for inspection by the Sheriff. If, upon inspection, there is found to exist any violation or any provision of this chapter, the Sheriff shall give the person responsible for such violation a written notice specifying the violation in particular and requiring such offender to abate or correct such problem within the following 24-hour period. If not abated or corrected, the Sheriff shall recommend to the City Council that the license of such person be revoked.
(3) The City Clerk may revoke any kennel license issued under this subchapter for violation of any of the provisions of this subchapter or ordinance of the cty or laws of the State of Idaho. Prior to revocation by the City Clerk, the Clerk shall notify the applicant in writing, setting forth specifically the grounds for the complaint and the time and place of the hearing. Such notice shall be personally served upon the licensee or mailed certified mail return receipt requested to the licensee at his/her last known address at least ten days prior to the date set for the hearing. The notice should set out appeal rights as outlined below.
(4) The aggrieved person may file a request for appeal with the City Council by submitting a written request for a hearing with the City Clerk in person at the City Hall or by mailing a written request by first class mail to the City Clerk at the City Hall. Said request must be received within 15 days of the Clerk's denial. The Clerk shall schedule a hearing as part of the next regular City Council meeting. The Mayor shall chair the hearing and the city shall be represented by the City Attorney. The appellant may be represented by an attorney of choice or by the appellant personally. The rules for administration hearings under Idaho shall be followed. The decision shall be made by the City Council in the same manner as it makes all other decisions with the Mayor having the tiebreaking vote. The order of the City Council shall be final, however appeal rights to the District Court may exist.
(Ord. 90.01, passed 4-8-2024) Penalty, see § 90.99
(A) It shall be unlawful for any owner or keeper of any licensed or unlicensed dog to permit such dog at any time to run at large within the city limits.
(B) Any person violating this section shall be served with a citation signed by a law enforcement officer, or a citizen.
(Ord. 90.01, passed 4-8-2024) Penalty, see § 90.99
(A) Reports required. Anyone having knowledge of the animal known to have or suspected of having rabies shall report the fact immediately to the Sheriff Department. The Sheriff Department shall likewise be notified of any person or animal bitten by a rabid or suspected rabid animal. It shall be the duty of all physicians who treat any person bitten, while within the city limits, by any animal, to report immediately the name and address of such person to the Sheriff Department.
(B) Quarantine of animal.
(1) It is hereby made the duty of the owner of a dog or other animal showing symptoms of rabies or which has bitten or otherwise attached any person causing an abrasion of the skin, to surrender the dog or animal for confinement at the location designated by the Sheriff Department for a period of not less than ten days. Any dog or animal showing the symptoms of rabies, or which has bitten or otherwise attacked any person causing an abrasion of the skin shall be placed in confinement as provided in this section. Any animal of a species subject to rabies shall in like circumstances be confined as herein provided. If a dog or other animal is determined to be free of rabies, the dog or animal shall be returned to the owner upon payment of the regular impoundment fee and board as provided in this chapter. If such fee is not paid, the dog or animal shall be subject to disposal as provided by this chapter. At the discretion of the Sheriff, the quarantine of a dog or animal may be upon the premises of the owner or the person in charge of the same if securely confined, kept from contact with other animals and submitted to a veterinarian for examination at the owner's expense to determine if rapid. If any animal dies or has been killed, its head shall be removed and immediately taken to the State Health Laboratory to be examined for rabies.
(2) No person shall fail, refuse or neglect to allow the Sheriff and/or agent to make an inspection or examination at any time during this period. No dog or animal shall be removed from the place of quarantine without written permission of the Sheriff Department.
(C) Contact with rabid animal. Any animal of a species subject to rabies which has been bitten by a known rabid animal or has been intimate contact with a rabid animal shall be isolated in a suitable place approved by the Sheriff Department for a period of 120 days or destroyed.
(Ord. 90.01, passed 4-8-2024) Penalty, see § 90.99
(A) Sheriff Department duties. It shall be the duty of the Sheriff Department:
(1) To carry out and enforce all the provisions of this subchapter, and any amendments hereto, any other ordinance later enacted relating to dogs and as permitted by law.
(2) To enforce the licensing and the control of all dogs in the city as herein provided.
(3) To file complaints and/or issue citations in a court of competent jurisdiction against any person failing to license any dog as herein provided, or who otherwise fails to comply with any of the provisions of this subchapter.
(4) To capture and secure all dogs found running at large contrary to the provisions of this subchapter and to remove such dogs in a humane manner to the confinement area as designated by the Sheriff Department.
(5) To pick up, collect the destruction fee and secure the euthanasia record for all dogs to be destroyed at the owner's request.
(6) To be responsible for posting notices concerning impounded dogs as herein provided.
(B) Right of Sheriff Department regarding dogs.
(1) Any dog found running at large or dog that is to be impounded, which, in the opinion of any Sheriff, cannot be safely taken without tranquilizing, may be tranquilized for the purpose of impounding, by any Sheriff Officer.
(2) In the enforcement of any provisions of this chapter, any Sheriff Officer and assistants are authorized to enter the premises of any person to take possession of licensed and unlicensed, fierce, dangerous, or vicious dogs when in fresh pursuit of such dog at the time the dog goes onto private property.
(Ord. 90.01, passed 4-8-2024)
(A) When any dog is defined as vicious by this subchapter, the Sheriff Department may order the violators post a bond or certificate of insurance in the amount of $100,000 or more and/or that the owner of the dog prove financial responsibility for the dog’s actions.
(B) In any case where a person has been charged or cited with the offense of owning or having custody of a vicious or dangerous dog or other animal pursuant to the provisions of this subchapter, the City Attorney may file a motion requesting destruction of the animal prior to a final adjudication of the criminal charges. The animal shall remain confined in the confinement area designated by the Sheriff Department pending a final decision on the motion. The court may order the destruction of the animal upon making a finding that the animal is “vicious,” as defined in this chapter, and that it poses a danger to the public if allowed to be released from confinement.
(Ord. 90.01, passed 4-8-2024)
(A) Unclaimed impounded animals. If the owner, harborer, or keeper of the dog impounded can be ascertained, then notice shall be promptly given the owner, harborer or keeper stating that unless the dog is reclaimed according to this subchapter within 72 hours after such notice, the dog will be given to a local dog rescue group designated by resolution of the City Council.
(B) Reclamation of impounded animals. A dog may be reclaimed by payment of an impounding fee and costs of keeping the animal until it is reclaimed as follows. For the first occurrence during the license year, a city impound fee of $15, plus costs. For each subsequent impoundment during the license year, the city impound fee shall increase by $5 over the first fee paid for such dog, plus cost of keeping. Persons reclaiming an unlicensed dog must purchase the required license in addition to all other charges. The fees under this section shall be collected by the City Clerk and costs paid to the person/entity housing the animal. Receipt for all necessary fees must be obtained from the City Clerk before an impounded dog can be reclaimed.
(Ord. 90.01, passed 4-8-2024)
(A) Removing a collar or tag. It is a violation for any person to remove or cause to be removed the collar or metallic tag from any licensed dog without the consent of the owner.
(B) Barking dog. It is a violation for any person to own, keep or harbor any dog which by loud, continued, or frequent barking, howling, or yelping shall annoy or disturb any neighborhood or person.
(C) Vicious or dangerous dog. It is a violation for any person to own, have custody of or control of any dog or any other animal which is vicious or dangerous.
(D) Failure to exhibit registration or license. It is a violation for any person keeping or harboring a dog for which a license is required by this chapter to fail or to refuse to exhibit the registration receipt or license tag upon demand by a Sheriff Officer.
(E) Torture or mistreating dogs. It is a violation for any person to maltreat or torture any dog or to willfully and maliciously administer or cause to be administered poison of any sort whatsoever to any animal that is the property of another, with the intent to injure or destroy such animal, or to willfully or maliciously place any poison or poisoned food where the same is accessible to any such animal.
(F) Hindering or delaying a peace officer in duties pursuant to this subchapter. It is a violation for any person to hinder, delay, interfere with or obstruct a Peace Officer while said official is performing animal control duties and for any person to break open or in any manner directly aid, counsel or advise the breaking open of any dog confinement facility, ambulance, wagon or vehicle used for the collecting or conveying of dogs.
(G) Leaving a dog in an unattended vehicle.
(1) It is a violation for any person to leave or confine in any unattended motor vehicle under conditions that may endanger the health or well-being of an animal due to heat, cold, lack of adequate ventilation, or lack of food or water, or under such other circumstances as could reasonably be expected to cause suffering, disability, or death to the animal.
(2) Sheriff Officers may use reasonable force under the above circumstances to enter a vehicle and remove the animal after first making a reasonable attempt to contact the animal's owner. The officer removing the animal shall use reasonable means to contact the owner of the animal to arrange for its return home. Absent contact with the owner, the animal shall be taken to a veterinary clinic if emergency care is needed and after a reasonable amount of time to the designated confinement facility.
(Ord. 90.01, passed 4-8-2024)
OTHER ANIMALS
(A) Purpose. The purpose of these regulations is to provide a definition of livestock; to set forth reasonable standards for the keeping and care of livestock; to maintain neighborhood compatibility; and to protect the health, safety, and welfare of the general public.
(B) Livestock defined. LIVESTOCK is that 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 it not limited to horses, cattle (beef and dairy), llamas, mules, swine, sheep, goats, rabbits, poultry and domestic birds. LIVESTOCK includes any other grazing or foraging animal except those specifically defined as a pet (see division (C) below of this section).
(C) Pet defined. PETS generally include those animals that are housed indoors. Pets also include certain animals that may be housed outdoors. Those certain animals are: dogs, cats, up to three chickens, excluding roosters, two ducks, two rabbits or such equivalent small animals or poultry. Animals deemed to be pets shall comply with the performance standards as set forth in Section 90.03.040 G.
(D) Animal unit defined. ANIMAL UNIT is defined to provide a reasonable standard for determining allowed livestock densities. Each horse, mule, cow, llama, or similar sized animal shall represent one animal unit. The number of smaller animals representing one animal unit is established based upon the size and characteristics of the animal. The number of smaller animals included within an animal unit includes four sheep, four goats, two swine, 12 chickens, 12 ducks, six geese, ten rabbits, or equivalent combination of such animals. The Dietrich City Council shall determine the equivalent number of animals allowed within an animal unit for animals not listed herein including miniature forms of large animals. The Dietrich City Council determination should take into consideration the purpose of this section and the impacts to adjacent properties as described in division (E) below of this section.
(E) Standards for the keeping of livestock.
(1) Livestock shall be kept within enclosures which may include fences, corrals, barns, pens, etc.
(2) Livestock enclosures shall not be kept within 100 feet of a residence now in existence or which may hereafter be constructed other than that occupied by owner or within 100 feet of a neighboring property boundary.
(3) 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 includes odors, noise, drainage, erosion, and flies. Each person who keeps livestock is responsible for the regular removal and disposal of animal waste, and control of insects, erosion, and offensive odor.
(4) Offensive defined. OFFENSIVE is defined as that condition which, in the opinion of a majority of the residents living withing 300 feet of the place where such livestock is kept, is offensive to their senses.
(5) Failure to maintain the property in accordance with these requirements shall be considered a violation of this section.
(Ord. 90.03, passed 4-29-2024) Penalty, see § 90.99
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