ORDINANCE NO.  666
AN ORDINANCE OF THE CITY OF KIMBERLY, IDAHO, AMENDING Title 6 ANIMALS, CHAPTER 6.04 ANIMAL CONTROL REGULATIONS GENERALLY, SECTION 6.04.020 KEEPING OF LIVESTOCK PROHIBITED; SECTION 6.04.030 KEEPING OF FOWL AND RABBITS PERMIT REQUIRED; CONDITIONS; AMENDING CHAPTER 6.08 DOGS; SECTION 6.08.20 LICENSE; REGISTRATION; SECTION 6.08.070 HARBORING MORE THAN THREE DOGS OR STRAY DOGS PROHIBITED; AMENDING 17, TITLE SECTION 17.02.010 TERMS DEFINED; AMENDING 17.17.030 BYLAWS OF PLANNING AND ZONING COMMISSION; PROVIDING FOR A REPEALER CLAUSE;  PROVIDING FOR A SEVERABILITY CLAUSE; AND PROVIDING FOR THE EFFECTIVE DATE OF THIS ORDINANCE UPON PASSAGE, APPROVAL AND PUBLICATION ACCORDING TO LAW.
WHEREAS, the Mayor and City Council find that the amendments to Title 6 ANIMALS, CHAPTER 6.04 ANIMAL CONTROL REGULATIONS GENERALLY, of the Kimberly Municipal Code will further the public health, safety and general welfare.
 
NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND THE CITY COUNCIL OF THE CITY OF KIMBERLY, IDAHO, AS FOLLOWS:
 
SECTION 1. ThatTitle 6 ANIMALS, CHAPTER 6.04 ANIMAL CONTROL REGULATIONS GENERALLY, of the Kimberly Municipal Code hereby is amended by the addition of the following underlined language and language stricken through:
 
6.04.010: KEEPING OF LIVESTOCK PROHIBITED:
It is unlawful for any person to keep or maintain any pigs, hogs, mules, donkeys or birds of prey within the limits of the city. (Ord. 609, 2014)
6.04.020: KEEPING OF LIVESTOCK; PERMIT REQUIRED IN THE R-1, R-2 R-3, RESIDENTIAL PROFESSIONAL ZONES; CONDITIONS:  No person shall keep or maintain within the limits of the city any cattle, horses, sheep or goats or other such animals not prohibited by this chapter without first obtaining a permit from the City Clerk, Planning and Zoning Administrator, or the Community Service Officer for said animals which permit may be issued and is subject to the following requirements:
Permit shall require the signature of the owner, of the subject land, requesting the allowance of keeping Livestock, Fowl and Rabbits.
B.   Permit shall require submittal of a scale able site plan compliant with Kimberly City Code, 6.04.020(C).  Site plan, shall depict the fenced containment area, associated structures, structure size and applicable setbacks.City staff will assist the applicant with a site plan.  A site inspection shall be completed prior to issuance of the permit.  
  CA.  Any such animal must be fenced upon the property of the owner or keeper so that the same cannot come within twenty-five feet (25') of any building used for residential purposes by anyone other than the one keeping or maintaining the same, or of any public right of way, public place, church, or school building. Additionally, property where such animals are maintained must contain at least one-half (1/2) acre per animal and ten thousand (10,000) square feet of real property or pastureland devoted exclusively for the use of each cow, horse, sheep, or other such animal not prohibited by this chapter. Properties housing animals prior to the passage of this section in a manner which does not comply with this section shall be given a period of five (5) years to come into compliance with the minimum square footage requirements.
  DB.  All locations, pens, corrals or structures used to keep or maintain any of the animals must be kept in a clean or sanitary condition, free from obnoxious odors or substances, and it is unlawful to permit any decaying food, refuse or any other substance or matter to remain therein.
  EC.  The applicant for the permit shall pay to the city clerk the sum of five dollars ($5.00) per animal and the permit shall be for a period of one year from February 1 through January 31. (Ord. 609, 2014)
6.04.030: KEEPING OF FOWL AND RABBITS IN THE R-1, R-2 R-3, RESIDENTIAL PROFESSIONAL ZONES - PERMIT REQUIRED; CONDITIONS: A resident of the city may keep and maintain fowl and rabbits within the limits of the city upon obtaining a permit from the City Clerk, Planning and Zoning Administrator, or the Community Service Officer for said fowl or rabbits, which permit may be issued and is subject to the following requirements:
A.   Permit shall require the signature of the owner, of the subject land, requesting the allowance of keeping Livestock, Fowl and Rabbits.
B.   A scale able site plan compliant with Kimberly City Code, 6.04.020(C), Site plan, shall depict the fenced containment area, associated structures, structure size and applicable setbacks.City staff will assist the applicant with a site plan.  A site inspection shall be completed prior to issuance of the permit.  
  CA.  Roosters, geese, emus, ostrich, peafowl, guinea fowl, and similar fowl that create loud, repetitive noises are prohibited; only hens, and chicks of either sex up to four (4) months old, are allowed. Owners of prohibited fowl that are housed in the city prior to the passage of this section shall be given a period of six (6) months to come into compliance.
  DB.  Any such fowl or rabbits must be fenced or enclosed upon the property of the owner or keeper so that the same cannot come within twenty-five feet (25') of any building used for residential purposes by anyone other than the one keeping or maintaining the same or of any public right of way or public place, church or school building. Additionally, property where such fowl or rabbits are maintained must contain at least five thousand (5,000) square feet or real property for a maximum of eachsix (6)twenty-five (25) fowl or rabbits, per parcel. At the request of the property owner, the City Council may grant a variance from the minimum five thousand (5,000) square feet of real property requirement for keeping of fewer than six (6)twenty-five (25) fowl or rabbits. Households maintaining more than six (6) legally permitted fowl or rabbits prior to May 25, 2021, shall be allowed to continue to maintain, the legal permitted number of fowl or rabbits per parcel, provided the owner complies with the requirements of this chapter. Properties housing fowl or rabbits prior to the passage of this section in a manner which does not comply with this section shall be given a period of five (5) years to come into compliance with the minimum square footage requirements.
  EC.  All housing, pens or structures used to keep any fowl or rabbits must be kept in a clean and sanitary condition, free from odors.
  FD.  The owner or keeper shall pay to the city clerk the sum of ten dollars ($10.00) per ten (10) fowl and the sum of five dollars ($5.00) per rabbit. The permit shall be for a period of one year from February 1 through January 31. (Ord. 609, 2014)
6.04.040: ODORS DEEMED NUISANCE:
It is unlawful and constitutes a nuisance to have any obnoxious odors emanating from any barn, structure, place or yard, or to keep or maintain any animal in an unsightly, smelly or dilapidated manner. (Ord. 609, 2014)
6.04.050: ANIMALS AT LARGE:
  A.  It shall be unlawful for any livestock to run at large within the city limits. If any livestock shall be found running at large contrary to the provisions of this chapter, an officer may impound and confine the same in a secure place or other place provided for that purpose and such animal(s) impounded and confined shall not be released until the owner or person entitled to the livestock pays all associated fees, expenses and charges.
  B.  If the owner of an animal does not pay the charges and lawfully take it away within five (5) days from the time it is taken into custody, the city may sell such animal at public auction after having given at least five (5) days' notices of the time and place of such sale by publishing said notice in the official newspaper of the city, as well as serving a copy of said notice upon the owner or possessor, if known, of said animal. Such animal may be redeemed at any time before the date of sale by payment to the city of any fees, expenses and charges. If the owner of any animal sold under the provisions of this section shall, at any time within one year from date of such sale, make satisfactory proof of ownership, such owner shall be entitled to receive the net profit of such sale after allowing for any applicable fees, expenses and charges.
  C.  Any animal seized and impounded under the provisions of this section shall be provided with proper care, food and water while confined by the police chief.
  D.  The police chief shall be allowed fees for seizing, impounding, and selling any animals under the provisions of this section as provided from time to time by council action. (Ord. 609, 2014)
SECTION 2. ThatTitle 6 ANIMALS, CHAPTER 6.08 DOGS of the Kimberly Municipal Code hereby is amended by the addition of the following underlined language and language stricken through:
 
6.08.020: LICENSE; REGISTRATION; REQUIRED:
A.    License - Registration shall depict the land owner’s name and applicable property management’s, phone numbers and e-mail address, in-conjunction with the dog owner’s contact information. 
AB.  All dogs over the age of six (6) months kept, harbored or maintained by any person in the city shall be licensed and registered. 
BC.  All dogs under the age of six (6) months kept, harbored or maintained by any person in the city and found to be at large and impounded will be required to be licensed and registered at the time the impound fees are paid in order to be released back to the owner.
CD.  Dog licenses shall be issued by the city clerk and/or code enforcement officer upon payment of a license fee as provided in this chapter.
DE.  All dog owners within the city shall renew their current dog licenses on or before February 1 of each year. The owner shall state, at the time application is made for such license, his name, address, phone number, and the sex, breed, and color of each dog owned or kept by him and a certificate of a veterinarian showing inoculation with anti-rabies vaccine as required in this chapter.
EF.  The failure to present a certificate of rabies vaccination shall not excuse the requirements of licensing otherwise eligible dogs.
FG.  The license fee shall cover the period of one year (12 months) commencing on February 1 and terminating on January 31 of the following year.
GH.  The provisions of this section shall not apply to dogs accompanied by their owners who are nonresidents of the city of Kimberly and who are temporarily within the city for thirty (30) days or less, nor to dogs brought into the city for the purpose of participating in any dog show or being boarded at a commercial dog kennel.
HI.    Dogs used as guides or assistants for blind persons or other handicapped persons shall be licensed and registered as other dogs provided for in this chapter.
IJ.    Payment of the license fee shall be made to the city clerk.
JK.  All dogs over the age of six (6) months whose owners are nonresidents of the city of Kimberly, are unaccompanied by their owners and are not being boarded by a commercial dog kennel shall be allowed to be in the city of Kimberly for a maximum of ten (10) days without being required to be licensed. After said ten (10) day period, such dogs must be licensed pursuant to the terms of this chapter. (Ord. 623, 2015)
6.08.070: HARBORING MORE THAN TWOTHREE DOGS OR STRAY DOGS PROHIBITED:
A.  It is unlawful for any person or household to harbor or keep within the city more than two (2) two three (3) dogs or any lost or strayed dog, unless said dogs are kept and maintained in a dog kennel as may be allowed by title 17 of this code. Households maintaining a fourth dog prior to February 28, 2015, or a third dog prior to May 25, 2021, shall be allowed to continue to maintain said dog provided the owner complies with the requirements of this chapter. After the fourth dog is deceased, rehomed or is otherwise no longer maintained by said person or household, said person or household will be limited to no more than two (2)three (3) dogs per household with no exceptions. Any person violating this provision shall be deemed guilty of an infraction, upon conviction thereof, and shall pay a fine of one hundred dollars ($100.00) per offense.
SECTION 3. ThatTitle 17 Chapter 17.08 of the Kimberly Municipal Code hereby is amended by the addition of the following underlined language and language stricken through:
17.02.010: TERMS DEFINED:
APPROVED: Applicable to Title 17,Uunless otherwise indicated, shall mean by the Council, P & Z Commission, City Administrator, Planning and Zoning Administrator, Public Works Director/Engineer, CSO, Building Official and City Clerk Treasurer. AllApplicable approvals delegated herein to administrative personnel of the City are subject to review and final determination by the Council.
ARCHITECTURAL LANDSCAPE WALL: A wall that is constructed out of masonry or concrete and is located out of doors/outsideoutdoors / outside and provides an enclosure or barrier to prevent straying from within or intrusion into. For the purpose of this title, an architectural landscape wall shall be dually identified as a closed vision fence.
AUTOMOBILE IMPOUND FACILITY: Excluding a Police Impound facility: A facility that provides temporary outdoor storage for three (3) or more vehicles that are to be claimed by titleholders or their agents, provided that no vehicle shall be stored at said facility for more than forty five (45) days and must remain mechanically operable and licensed at all times, or a parcel of land or a building that is used for the storage of wrecked motor vehicles usually awaiting insurance adjustment or transport to a repair shop and where motor vehicles are kept for a period of time not exceeding fourteen (14) days.
AUTOMOBILE WRECKING: The dismantling or wrecking of two (2) or more used motor vehicles, mobile homes or motorized RV’s. or trailers.
BASE FLOOD: The flood having a one percent (1%) chance of being equaled or exceeded in any given year per adopted FEMA Maps.
BUILDING: Any structure or device having a roof supported by columns or by walls and intended or used for shelter, housing or enclosure of persons, animals, plants, chattels or items of property not real-estate-landof any kind.
100-YEAR FLOOD: The highest level of flooding that, on average, is likely to occur once every one hundred (100) years and/or that has a one percent (1%) chance of occurring each year.  Subject land is depicted on adopted FEMA Maps and shall be developed in accordance to the FEMA regulations.
PRIVATE WAY: Any right-of-way or easement dedicated or platted across real property owned by the person dedicating or platting the private way and intended for the general or special use of a person or persons, owned and maintained by the property owner/HOA, rather than the general public.
SETBACK: The measured distance from a property line, centerline, canyon rim, right-of-way,or to a structure within which a building ismay be prohibited. Setbacks are measured from platted property boundary lines to the vertical wall/foundation.
SPECIAL USE PERMIT: A permit granted by the commission for a permanent use that is listed in the Special Use Category, otherwise prohibited but may be allowed under specific provisions when not in conflict with a comprehensive plan.
STRUCTURAL ALTERATIONS: Any change which would tend to prolong the life of the supporting structural members of a building or structure, such as bearing walls, columns, beams or girders.
   SECTION 4. ThatTitle 17 Chapter 17.030 of the Kimberly Municipal Code hereby is amended by the addition of the following underlined language and language stricken through:
17.17.030 BYLAWS OF PLANNING AND ZONING COMMISSION:
    B.  Membership And Term:  The commission shall consist of five (5) voting members, all appointed by the mayor and confirmed by the majority vote of the council.  One (1) member will represent the City of Kimberly Area of Impact.  The residency requirement in this paragraph is specifically waived for the member representing the Area of Impact.  Each member must have resided in the county for two (2) years and must be a resident of the city prior to his appointment, and must remain a resident of the city during his service on the commission. The term of office for members shall be six (6) years. Vacancies occurring otherwise than through the expiration of terms shall be filled in the same manner as the original appointment. Members may be removed for cause by a majority vote of the council. Members shall be selected without respect to political affiliation.  
 
http://sterlingcodifiers.com/codebook/index.php?book_id=&chapter_id=50490#s1039062
http://sterlingcodifiers.com/codebook/index.php?book_id=685&chapter_id=50426
http://sterlingcodifiers.com/codebook/index.php?book_id=685&chapter_id=50426
SECTION 5.    Repealer Clause.  All Ordinances and Resolutions or parts thereof in conflict herewith are hereby
 
repealed and rescinded.
 
SECTION 6.    Severability Clause.  If any section, paragraph, sentence or provision hereof or the application thereof to any particular circumstances shall ever be held invalid or unenforceable, such holding shall not affect the remainder hereof, which shall continue in full force and effect and applicable to all circumstances to which it may validly apply.
 
SECTION 7.    Effective Date .  This Ordinance shall be in full force and effect after its passage, approval and publication according to law.   
 
PASSED AND ADOPTED BY THE KIMBERLY CITY COUNCIL and approved by the Mayor this ____ day of May, 2021.
 
_______________________________________
Burke Davidson, Mayor
 
ATTEST:
 
___________________________________
Carrie Kimball, City Clerk