A. License Required: It shall be unlawful and a nuisance, for any person, association, partnership or corporation to own, keep or harbor any dog, male or female, over eight (8) weeks old, within the corporate limits of the city, unless a license for the owning, keeping or harboring thereof shall have been first procured as hereinafter provided.
B. Application: Every person, association, partnership or corporation owning, keeping or harboring any dog, over eight (8) weeks old, within the corporate limits of said city, shall, on or before December 31 of each year, make application to the city clerk for a license for the keeping of each dog to be kept within said city. Such application shall state the following:
1. Name and address of the owner;
2. Date of application and the date of expiration of license;
3. Breed, sex, age and name of each dog. (Ord. 123, 10-9-1985)
C. License Fee:
1. Fee: Such applicant shall pay to the city clerk for such license, the sum of five dollars ($5.00) for spayed and neutered dogs and ten dollars ($10.00) for all other dogs. Such fee shall/may be amended by resolution of the city council. (Ord. 123, 10-9-1985; amd. Ord. 196, 5-8-2002)
2. Penalty For Late Payment: If any license fee has not been paid on or before January 1 of each year, the clerk shall collect a penalty in addition to said license fee, which penalty shall be two dollars ($2.00) for each delinquency.
3. Dog Born Subsequent To December 31: Any dog born subsequent to December 31 of any year shall be licensed by the payment of the appropriate license fee within eight (8) weeks after its birth, and thereafter the penalty shall be added as hereinbefore set forth.
4. Dog Brought Into City Subsequent To December 31: Any dog or dogs brought into the city subsequent to January 1 of any year, shall be licensed by the payment of the appropriate license fee without penalty, if the license is purchased within thirty (30) days after the dog or dogs are brought into the city. (Ord. 123, 10-9-1985)
D. Licenses Issued And Contents:
1. Issuance; Tag: Upon receipt of such application, the city clerk shall issue to such applicant a license for each dog to be kept within said city and shall be signed by the city clerk and the seal of said city impressed thereon. Such licenses shall contain all of the information contained in such application. With such license the city clerk shall issue to such licensee a tag bearing a number corresponding to the number of such license stamped thereon.
2. Record: It shall be the duty of the city clerk to keep a suitable record of such applications and licenses, which record may contain such further information, including the number of violations of this section, if any, as may be deemed necessary. (Ord. 123, 10-9-1985; amd. 2008 Code)
3. Collar; Tag: Every dog shall, at all times, wear a substantial, durable collar, to which shall be securely attached the required license tag.
4. 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 received on account of a former licensee or to wear any imitation of the license tag issued by the city for that year. (Ord. 196, 5-8-2002)
E. Kennel Licenses, Commercial And Noncommercial:
1. Noncommercial:
a. License Required: It shall be unlawful to keep, harbor or possess upon the premises of any one household more than three (3) dogs, over eight (8) weeks old, unless the owner or persons in charge thereof shall have obtained a noncommercial or commercial kennel license from the said city.
b. Application; Consent Of Adjacent Landowners: Application for a noncommercial kennel license shall be made to the clerk and must be accompanied by the written consent to such noncommercial kennel by at least one hundred percent (100%) of all persons owning or being in possession of homes within three hundred feet (300') of the premises upon which the said noncommercial kennel is to be maintained or kept. The application shall state the name and address of the owner, where the noncommercial kennel is to be kept, and the number of dogs to be harbored and kept thereat.
c. License Fee: Said application shall be accompanied by the deposit of a license fee of twenty five dollars ($25.00) per year for four (4) dogs and an additional five dollars ($5.00) for each dog over four (4), which deposit shall be returned to the applicant if the license is not finally issued.
a. Application; Hearing; Consent Of Adjacent Landowners: There shall be no commercial kennel license issued without specific application and a hearing before the mayor and council of the city, which body shall decide whether it shall permit a commercial kennel to be licensed. Each application shall be judged on its own merits and no specific guidelines are now established except that no commercial kennel shall be licensed or permitted unless one hundred percent (100%) of all persons in possession of premises within three hundred feet (300') of the premises upon which the commercial kennel is to be maintained and kept, shall consent to the establishment of said commercial kennel.
b. License Fee; Rules And Regulations: The license fee for a commercial kennel shall be one hundred dollars ($100.00) per year, and such commercial kennel license shall be subject to such rules and regulations as are required of such licensee, if any. A commercial kennel shall be identified as a kennel kept and maintained for the purpose of selling or exchanging dogs or pups for a commercial or profit purpose.
F. Duty Of Owners: It shall be unlawful for any owner to fail to provide a dog with sufficient good and wholesome food and water, proper shelter and protection, veterinary care and, when needed to prevent suffering, to provide humane care and treatment.
G. Animal Control Officer:
1. Appointment: The mayor shall have authority to appoint an animal control officer of the city.
2. Duties: Such animal control officer, when so appointed, shall have all of the duties of the police chief hereunder, except as herein otherwise provided.
3. Compensation: The animal control officer shall receive such compensation for his services as shall be provided by the city council.
H. Public Nuisances:
1. Vicious, Dangerous, Inimical To Health And/Or Safety; Rabies: All dogs that are vicious, dangerous, inimical to the health and/or safety of the people of the city, or which are afflicted with hydrophobia, commonly called rabies, shall be deemed to be public nuisances, and if found at large within the corporate limits of the city, may be summarily destroyed in a humane manner by the police chief, animal control officer, or any police officer of the city.
2. Wrongfully Invade Premises Of Another; Howl And Bark:
a. Deemed Public Nuisance; Impoundment: All dogs which wrongfully invade the premises or gardens of persons other than the owners or keepers of such dogs or which howl and bark in the nighttime and thereby disturb the peace and quiet of any person or persons, shall likewise be deemed to be public nuisances and shall be impounded and shall be subject to redemption as hereinafter provided. Upon conviction of owning or harboring such dog, the owner or keeper thereof shall be punished as provided in subsection M of this section.
b. Duty To Notify City Officials; Complaint: Whenever any dog shall have wrongfully invaded such premises or gardens, or which howls or barks in the nighttime and disturbs the peace and quiet of the person or persons mentioned in subsection H2a of this section, it shall be the duty of such person or persons to immediately notify the police chief, animal control officer or any police officer of the city, and such officer shall thereupon endeavor to take up and impound such dog, if such dog can be taken up. If at such time such dog cannot be found, taken up and impounded, it shall be the duty of such person to sign a complaint, to be filed in the court, upon which a warrant may be issued, charging the owner or keeper of such dog. In such complaint, the complainant shall set forth the description of such dog and shall be able and willing to identify such offending dog. If such offending dog is now wearing a collar with a current tag attached thereto and cannot be taken up or impounded, and continues to run at large, it may be summarily destroyed by such officer.
3. Unlicensed Dogs:
a. Prohibited: It is hereby declared and confirmed that the intent and purpose of passing this section is to declare and does hereby declare an unlicensed dog over eight (8) weeks old, previously found or to be found in the city, a nuisance, a trespasser, and its unlicensed presence anywhere in the city was and is illegal and prohibited.
b. Declared Public Nuisance:
(1) Impoundment: All dogs not licensed and collared as herein provided are hereby declared to be public nuisances and it is the duty of the animal control officer or other suitable person by him appointed, to take up and impound any dog not licensed and collared as in this section provided. (Ord. 123, 10-9-1985)
(2) Retention In Pound; Redemption; Fees: Every dog so seized shall be retained in the pound for a period of forty eight (48) hours. The owner or keeper of such dog may redeem the same by procuring a license as in this section provided, and paying, in addition thereto, fees as required by subsection I of this section. (Ord. 123, 10-9-1985; amd. 2008 Code)
c. Violation; Penalty:
(1) All persons, associations, partnerships or corporations whose dog or dogs have been impounded pursuant to subsection H2b of this section shall be in violation of this section for having failed to maintain control of said dog or dogs as herein required and, upon conviction of said violation, shall be fined as provided for in subsection M1 of this section.
(2) All persons, associations, partnerships or corporations whose dog or dogs have been licensed but have allowed said dog or dogs to run at large or become a public nuisance as provided for in this section shall be in violation of this section and, upon conviction, shall be fined or incarcerated or both as provided for in subsection M1 of this section.
(3) All persons, associations, partnerships or corporations who allow any dog or dogs either owned, controlled or harbored by said persons, associations, partnerships or corporations to roam at large or become a public nuisance as provided for in this section whether said dog is impounded or not shall be in violation of this section and, upon conviction, shall be fined or incarcerated as provided for in subsection M1 of this section.
(4) Notwithstanding the impound provision of this section, it shall be a violation of this section for any person, association, partnership or corporation to violate any provisions of this section and, upon conviction for failure to comply, shall be fined or incarcerated as provided for in subsection M1 of this section, which shall be in addition to the provisions for impoundment.
I. Redemption, Impounded Dog: Any dog impounded pursuant to this section may be redeemed by the owner prior to the sale or destruction of such dog, by paying all charges against the same, as provided by this section.
1. Fees: The city, or the animal control officer, shall be entitled to charge a fee for the keeping and selling of any dog, which fees shall be, for the keeping and selling, retained by the city as payment toward the costs and expenses incurred by it in the keeping and selling of such dog. The fees charged by the city for impounding, keeping and selling any dog shall be paid upon redemption or sale of such dog, and shall be as follows: (Ord. 123, 10-9-1985)
a. The impounding fees for any dog shall be as determined from time to time by resolution of the city council. (Ord. 123, 10-9-1985; amd. 2008 Code)
b. The actual veterinary and hospital expenses incurred in caring for any dog.
c. In addition to the foregoing, any person redeeming any dog, shall, prior to or at the time of the redemption, take out a license for the same, unless such dog shall already have a license for the calendar year.
d. A fraction of a day shall be deemed a full day, and a portion of a day in excess of any multiple of twenty four (24) hours, shall be deemed a full day. (Ord. 123, 10-9-1985)
2. Fees Paid To Clerk: All fees imposed for impounding shall be paid to the city clerk. (Ord, 123, 10-9-1985; amd. 2008 Code)
J. Sale Of Impounded Dogs:
1. Notice Of Sale: If any impounded dog has not been redeemed from such impounding, it shall be the duty of the police chief or the animal control officer, as the case may be, to post a notice on the front window of the city hall, which shall state the name of the owner or keeper, if known, the description, breed, sex and probable age of such dog, and that it has not been redeemed from such impounding as hereinbefore provided, and that such dog, at the time and place designated, will be sold to the highest bidder, and shall state the license number if a license has been issued therefor. That the time and place of such sale shall not be less than three (3) days from the posting of such notice.
2. Fees; Certificate Of Sale: The purchaser at such sale shall pay to the police chief or animal control officer the amount bid, plus an impounding fee of twenty five dollars ($25.00). The purchaser shall also be required to procure a license for the keeping of such dog, in the event said dog is not licensed. Upon payment made to the police chief or animal control officer, such officer shall issue to such purchaser a certificate of sale of such dog to him.
3. Unsold Dogs: If no sale of such impounded dog has been made at such sale, it shall be the duty of the chief of police or animal control officer, as the case may be, to destroy such dog in a humane manner and dispose of the carcass by cremation or burial.
4. Serious Injury Or Disease: Any dog impounded hereunder and suffering from serious injury or disease, may be humanely destroyed at the discretion of chief of police or the animal control officer. (Ord. 123, 10-9-1985; amd. 2008 Code)
K. Disposition Of Receipts: All monies derived from such license fees, impounding fees and sales of such dogs shall be paid to the city clerk and deposited and credited to the general fund of the city.
L. Police Authority: In the enforcement of any provision of this section, any police officer, animal control officer, dogcatcher, or other public officer, is authorized to enter the premises of any person to take possession of a licensed or unlicensed dog or dogs running at large contrary to the provisions of this section, and fierce, dangerous or vicious dog, or dogs, when such officer is in fresh pursuit of any such dog or dogs at the time the dog goes on private property; provided, however, no enclosed building shall be entered without a proper warrant or order authorizing the officer to enter the enclosed building and to capture or to dispose of such dog or dogs. (Ord. 123, 10-9-1985)
1. Any person, firm, company, partnership, corporation or association violating any of the provisions of this section shall, upon conviction thereof, be guilty of an infraction subject to a fine of one hundred dollars ($100.00) provided that if rule 9 of the Idaho infraction rules establishes a fixed penalty for this offense, the punishment shall be the amount fixed by said rule; and subject to penalty as provided in section 1-4-1 of this code.
2. Any person who shall suffer or cause a number and collar to be put or kept on any dog with the intent to avoid payment of a license fee shall, upon conviction thereof, be guilty of an infraction subject to a fine of one hundred dollars ($100.00) provided that if rule 9 of the Idaho infraction rules establishes a fixed penalty for this offense, the punishment shall be the amount fixed by said rule; and subject to penalty as provided in section 1-4-1 of this code.
3. Any person who shall hinder, molest or interfere with any person who is lawfully engaged in seizing any dog, killing the same or removing the carcass shall, upon conviction thereof, be guilty of an infraction subject to a fine of one hundred dollars ($100.00) provided that if rule 9 of the Idaho infraction rules establishes a fixed penalty for this offense, the punishment shall be the amount fixed by said rule; and subject to penalty as provided in section 1-4-1 of this code.
4. Any person who shall make false representation as to time when a dog under his control has been brought into the city, during the license year for the purpose of avoiding payment the amount of the license fee required of him by the provisions of this section shall, upon conviction, be guilty of an infraction subject to a fine of one hundred dollars ($100.00) provided that if rule 9 of the Idaho infraction rules establishes a fixed penalty for this offense, the punishment shall be the amount fixed by said rule; and subject to penalty as provided in section 1-4-1 of this code. (Ord. 123, 10-9-1985; amd. 2008 Code; Ord. 244, 12-20-2012)
Notes
| 1 | 1. See section 9-2-2 of this code for restrictions on number of animals and age and definitions of "kennel, commercial" and "kennel, noncommercial". |
| 2 | 1. See subsection H3c of this section. |