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6.04.020: Authority To Enforce
6.04.030: Nuisances Prohibited
6.04.040: Restraint And Confinement By Owner/Custodian
6.04.050: Dangerous Conduct By Animals Prohibited; Penalties
6.04.060: Restraint And Care Of Dangerous Animals
6.04.070: Animal Bites; Notification Procedures
6.04.080: Rabies Vaccination, Quarantine, And Disease Control
6.04.100: Terms Of Impoundment And Redemption Or Other Disposition
6.04.105: Adoption; Fees And Requirements
6.04.110: Fighting, Training And Attack Commands Prohibited
6.04.120: Proper Care Of Animals
6.04.130: Sanitation Requirements
6.04.140: Cruelty To Animals Prohibited
6.04.150: Individual Dog Licensing Required
6.04.155: Individual Cat Licensing Required
6.04.160: Commercial Animal Establishment Licensing
6.04.170: Multiple Animal Housing Licenses; Noncommercial Housing Of Multiple Animals
6.04.180: Exceptions To Dog Licensing Requirements
6.04.190: Keeping Of Livestock, Large
6.04.200: Permits For Keeping Of Livestock, Small
As used in this chapter, each of the terms defined shall have the meanings given in this section unless a different meaning is clearly required by the context. "Shall" is mandatory, not discretionary.
ABUSE: Any intentional, wilful, or negligent conduct resulting in bruising, bleeding, malnutrition, dehydration, burns, fractures or breaks of any bones, subdural hematoma, soft tissue swelling, or death.
ADULT: Any person eighteen (18) years of age or older.
ALLOW: To forbear or neglect to restrain or prevent, regardless of intent or participation.
ANIMAL: A mammal, bird, reptile, fish or amphibian.
ANIMAL NUISANCE: Any nuisance arising out of the keeping, maintaining or owning of, or failure to exercise sufficient control of an animal.
ANIMAL SERVICES CENTER: Any premises designated by the city for the purpose of impounding and caring for animals held under the authority of this chapter.
ANIMAL SERVICES OFFICER: Any person(s) employed by the city to administer and enforce the licensing, inspection, and enforcement requirements contained within this chapter.
AT HEEL: A dog is next to a person (no more than 1 foot away in any direction) and obedient to that person's command.
AT LARGE: An animal that is off the premises of the owner, and not on a leash ten feet (10') or less in length, or confined in a motor vehicle. In the case of a dangerous animal "at large" means not confined or leashed as required in section 6.04.060 of this chapter.
COMMERCIAL ANIMAL ESTABLISHMENT: Any place of business for the care of animals, including, but not limited to, the boarding, grooming, breeding, training, or selling of animals.
CRUELTY: Any act or omission whereby unjustifiable physical pain, suffering or death of an animal is caused or permitted, including, but not limited to, failure to provide proper drink, air, space, shelter or protection from the elements, a sanitary and safe living environment, veterinary care or nutritious food in sufficient quantity. In the case of activities where physical pain is necessarily caused, such as medical and scientific research, food processing, customary and normal veterinary and agricultural husbandry practices, pest elimination, and animal training and hunting, "cruelty" shall mean a failure to employ the most humane method reasonably available.
CUSTODIAN: Any person having custodial care of an animal by his or her own choice, or at the request of, or with the consent of, the owner of the animal, including, but not limited to, the parent(s) or guardian(s) of a minor child.
DANGEROUS ANIMAL: A. Any animal which, when unprovoked by teasing, taunting, or a threatening manner by any person, approaches said person in an apparent attitude of attack upon the streets, sidewalks, public grounds or places, common areas within subdivisions or mobile home or recreational vehicle parks, common grounds of apartment buildings, condominiums, or townhouse developments, or private property not solely owned or possessed by the owner or custodian of the animal.
B. Any animal with a known propensity, tendency, or disposition to attack unprovoked, to cause injury, or to otherwise endanger the safety of human beings or domestic animals or livestock; or
C. Any animal which bites, inflicts injury, assaults, or otherwise attacks a human being or domestic animal or livestock without justifiable provocation; or
D. Any animal owned or harbored primarily or in part for the purpose of fighting or any animal trained for fighting; or
E. Any dog which has been trained as an attack dog, except dogs used by law enforcement agencies.
Exceptions: An animal will not be considered dangerous if it engages in any of the above listed actions toward a person or animal that is either: a) committing a trespass or other tort upon the premises of the animal's owner or custodian, or b) committing a crime against the animal's owner or custodian. An animal will not be considered dangerous if any of the above actions occur when the animal is being teased, tormented, or abused, or if the actions were in reaction to either a crime committed by a person or an attempt by the person to commit a crime.
DISPOSITION: Adoption, quarantine, voluntary or involuntary custodianship or placement, or euthanasia humanely administered to an animal. "Disposition" includes placement or sale of an animal to the general public or removal of an animal from any pet shop to any other location.
DOG PARK: A defined area set aside for dogs which have not been convicted of being dangerous as defined in this section to exercise and play off leash in a controlled environment under the supervision of their owners/custodians, and subject to posted rules and to the provisions of this code.
IMPOUNDMENT: The taking into custody of an animal by any person, police officer, animal services officer, or any authorized representative thereof.
LIVESTOCK, LARGE: Including, but not limited to, cows, sheep, horses, goats, pigs, hogs, llamas, camels, donkeys, burros, and mules, or any other similar animals whose mature size is approximately that of those set out herein.
LIVESTOCK, SMALL: Including, but not limited to, rabbits, ducks, chickens, pigeons, pheasants, peacocks, or other rare birds, or any other type of fowl or poultry.
MISUSE: The wilful or intentional causing of an animal to perform a noncustomary task, excepting those tasks and actions required of dogs used by law enforcement agencies, which could be dangerous or harmful to the animal or to any person.
MULTIPLE ANIMAL HOUSING: Any premises or portion thereof where three (3) or more dogs, or more than five (5) cats, over the age of three (3) months, are kept or harbored solely for the hobby of the owner or tenant of the premises, without any pecuniary gain.
MUZZLE: A device constructed of strong, soft material or of metal, designed to fasten over the mouth of an animal to prevent the animal from biting any person or other animal.
OWNER: Any person having temporary or permanent custody of, sheltering or having charge of, harboring, exercising control over, or having property rights to, any animal for five (5) or more consecutive days, or whose child, or other person over whom guardianship is exercised, who resides with said person, so harbors or keeps an animal.
PUBLIC NUISANCE ANIMAL: Any animal that unreasonably annoys humans, endangers the life or health of a person or another animal, or substantially interferes with the rights of a person, other than its owner/custodian, to enjoyment of life or property.
RESEARCH FACILITY: Any college, university, or other research institution which uses live animals in research, tests, or experiments. (Ord. 2975, 2016: Ord. 2963, 2015: Ord. 2908, 2012: Ord. 2884, 2010: Ord. 2667 § 2, 2001)
A. Animal services officers, in addition to Pocatello police officers, are hereby authorized to carry out the duties necessary to enforce this chapter, including licensing, inspections, and enforcement, including issuance of Idaho uniform citations for any violations of this chapter.
B. It shall be unlawful for any person to hinder or obstruct, or attempt to hinder or obstruct, an animal services officer in the discharge of his duties. (Ord. 2975, 2016: Ord. 2667 § 2, 2001)
A. It shall be unlawful for any person to keep any animal on any property located within the City when the keeping of such animal, or the method of keeping or harboring such animal(s), constitutes a public nuisance or menace to public health or safety.
B. No person owning, harboring, keeping, or in charge of any animal shall cause unsanitary, dangerous, or offensive condition(s) by virtue of the size or number of animals maintained at a single location or due to the inadequacy of the facilities. It shall be a violation of this section if the number of animals maintained at a single residence or the condition of the facilities is offensive, injurious, or dangerous to the public health or the neighbors in close proximity to the premises, regardless of whether or not a multiple animal housing license has been obtained. The Animal Services Director may revoke the multiple animal housing permit of any person found in violation of this section.
C. It shall be unlawful for any person to allow any animal in his/her care to become a public nuisance animal. Conduct which renders an animal a public nuisance shall include, but not be limited to:
1. Repeated running at large (more than 2 violations).
2. Being at large in any section of a park or public recreation area without being controlled by a leash no longer than ten feet (10') or similar physical restraint. Dogs are prohibited, whether on or off leash, from the following City property and recreation areas:
Alameda Park: Both baseball fields
Halliwell Park: Bill Derham Baseball Field
Hawthorne Park: Both baseball fields; both soccer fields; both Wilcox soccer fields
Indian Hills School: All soccer fields
Mountain View Cemetery
NOP Park: Little League Baseball Complex; Brown Field; Watkins Softball Complex; Gate City soccer fields
OK Ward Park: Simplot Softball Complex; green area during special events and tournaments
Optimist and Tydeman Park: Both baseball/softball fields
Rainey Park: Softball field
Ross Park: All three (3) baseball fields
All City of Pocatello golf courses: At a minimum, during the stated annual golfing season of March 1 through October 31 yearly, as indicated in the Golf Concession Agreement, and at other times when play is active on the golf courses. Service dogs exempted.
Dogs shall be permitted on City of Pocatello golf courses during the annual off-season period for golf operations, pursuant to standard leash ordinance regulations contained in this subsection C2.
3. Damaging, soiling, defiling, urinating on, or defecating on any property other than that of its owner.
4. Making disturbing noises, including, but not limited to, continued and repeated howling, barking, whining, crowing, braying, or other utterances causing unreasonable annoyance, disturbance, or discomfort to neighbors or others in close proximity to the premises where the animal is kept or harbored.
5. Fouling of the air by noxious or offensive odors and thereby creates unreasonable annoyance or discomfort to neighbors or others in close proximity to the premises where the animal is kept or harbored.
6. Molesting, attacking, causing a noise disturbance, or otherwise interfering with the freedom of movement of persons in a public right-of-way or on private property not its own.
7. Chasing motor vehicles in a public right-of-way.
8. Interfering with the enjoyment or use of another's property.
D. Any owner or custodian whose animal has become a public nuisance animal may be issued a notice of violation and assessed the fee per occurrence as set by annual resolution of the City Council, to be paid at the Animal Services Center. The notice of violation shall be independent of any criminal misdemeanor or infraction proceedings which might be instituted under this section.
E. After the conviction of an owner or custodian for allowing his animal to become a nuisance for more than two (2) running at large violations, the owner or custodian shall have the animal neutered or spayed by a licensed veterinarian and provide proof to the Animal Services Department of such alteration within thirty (30) days of sentencing.
F. After the conviction of an owner or custodian for allowing his animal to become a nuisance, the owner or custodian, at his own expense, may be required by the court to successfully complete a City approved animal obedience program with the nuisance animal, to the satisfaction of the Animal Services Director. (Ord. 3007, 2018: Ord. 2975, 2016: Ord. 2963, 2015: Ord. 2884, 2010: Ord. 2838 § 1, 2008: Ord. 2764 § 1, 2005: Ord. 2697 § 9, 2002: Ord. 2667 § 2, 2001)
A. Dog At Large Prohibited: It is unlawful for any owner/custodian to fail to keep any dog under restraint or to permit such animal to be at large upon the streets and public ways of the City or on public or private property without the consent of the owner of the property unless the dog is under the control of a person holding a leash no longer than ten feet (10'), securely attached to the animal and of sufficient tensile strength to restrain it, or unless the dog is confined in a motor vehicle in such a manner that neither its claws nor its teeth can extend beyond the exterior of the vehicle. Any dog found at large may be impounded as provided hereafter in this chapter.
1. Bartz Field: The area known as Bartz Field on the Idaho State University campus may be used, subject to rules and regulations as may be prescribed by Idaho State University, for the training or exercise of nondangerous dogs. Nondangerous dogs within Bartz Field need not be controlled by leash but shall be under the control of a responsible person and controlled by a whistle, noise, or other effective command. The owner must, if requested by the police or an animal services officer or an ISU public safety officer, prove his/her control in order to avoid impoundment of the dog.
2. Dog Parks: Any public areas officially designated as dog parks by the City of Pocatello may be used by dogs and their owners/custodians to exercise and play off leash, subject to the provisions of this Code and any particular rules posted at the dog park. Nondangerous dogs at dog parks need not be controlled by leash but shall be under the control of the owner/custodian of said dog, and controlled by a whistle, noise, or other effective command. The owner/custodian must, if requested by the police or an animal services officer, prove his/her control in order to avoid impoundment of the dog.
C. Other Animals At Large: It is unlawful for any owner/custodian to fail to keep said animal from being at large upon the streets and public ways of the City or on public or private property without the consent of the owner of the property unless controlled by leash as provided above.
D. Location Of Dog Runs Or Kennels: No person shall maintain or construct any dog run within thirty feet (30') of the residence of any neighboring property.
E. Animals In Public Buildings Or Common Carriers: It is unlawful for a person to permit, allow, keep, or carry any animal in, upon, or within a common carrier, public transportation facility or any other public building or facility, particularly a building or facility in which food or drink is prepared or stored, except that persons with disabilities shall not be denied the use of any common carrier or public transportation facility or admittance to any cafe or any other public building or place by reason of his being accompanied by a seeing eye or guide dog or other "assistive animal" specially trained for such purpose.
F. Large Animals Prohibited On Public Ways: No person shall lead, drive, or ride any horse, cattle or other large animal over, across, or upon any sidewalk, parkway, or public parking area, or over or across any public park. (Ord. 2975, 2016: Ord. 2908, 2012: Ord. 2884, 2010: Ord. 2667 § 2, 2001)
A. Dangerous Conduct By Animal Prohibited: The owner or custodian of any animal which commits any of the acts defined in this chapter as "dangerous" may be cited for a misdemeanor and the Animal Services Department may seize and impound the animal until the matter has been adjudicated. The conduct shall not be deemed dangerous if the victim (person, domestic animal, or livestock) was committing a tort against the animal's owner/custodian, or committing a trespass or other tort on the premises of the animal's owner/custodian. Specifically prohibited are the following acts:
1. If unprovoked by teasing, taunting, or a threatening manner by any person, approaching said person in an apparent attitude of attack upon the streets, sidewalks, public grounds or places, common areas within subdivisions or mobile home or recreational vehicle parks, common grounds of apartment buildings, condominiums, or townhouse developments, or private property not solely owned or possessed by the owner or custodian of the animal; or
2. Biting, inflicting injury, assaulting, or otherwise attacking a human being or domestic animal or livestock without justifiable provocation.
B. Prohibited Animals: No person may own or harbor or have custodial care of any of the following types of vicious animals:
1. Any animal with a known propensity, tendency, or disposition to attack unprovoked, to cause injury, or to otherwise endanger the safety of human beings or domestic animals or livestock, unless restrained and/or confined as provided in section 6.04.060 of this chapter; or
2. Any animal which is used primarily or in part for the purpose of fighting, or any animal trained for fighting; or
3. Any dog which has been trained as an attack dog, except dogs used by law enforcement agencies.
C. Impoundment And/Or Destruction: Any animal whose owner or custodian has been found guilty of or entered a plea of guilty to the offense of dangerous conduct by his/her animal is subject to impoundment and destruction. For a first offense, the court shall set the matter for sentencing and notify the Office of the City Attorney (prosecutor) of the date, time, and place of sentencing. The prosecutor may request that the court order the destruction of the animal. If the court determines that destruction is warranted, it shall issue an order authorizing any animal services officer or police officer to enter the property where the animal is located and to seize the animal and impound it for destruction if the animal has not been voluntarily surrendered by five o'clock (5:00) P.M. on the date of sentencing.
D. Subsequent Violations:
1. Upon the conviction or plea of guilty to a second or subsequent offense of dangerous animal conduct, regardless of the form of the current or any prior judgment, if the subsequent conduct involved the animal being dangerous, the court shall order destruction of the animal. If the court determines that destruction is warranted, it shall issue an order authorizing any animal services officer or police officer to enter the property where the animal is located and seize the animal and impound it for destruction if the animal has not been voluntarily surrendered by five o'clock (5:00) P.M. on the date of sentencing.
2. If the subsequent conduct did not involve the animal being dangerous, the court may, but is not required to, order destruction of the animal regardless of the form of the current or prior judgment.
E. Owner Liability: An adult owner/custodian of a dangerous animal shall be liable for all injuries and property damage sustained by any person or by any animal caused by an unprovoked attack by any dangerous animal, plus all costs, civil judgments or penalties, criminal fines, final terms, veterinary fees, shelter impound fees, and any other penalties and orders. In the event that the owner/custodian of the dangerous animal is a minor, the minor's parent or guardian shall be so liable.
F. Failure To Surrender Animal: It shall be a separate offense to fail to surrender an animal for impoundment and/or destruction. (Ord. 2975, 2016: Ord. 2884, 2010: Ord. 2838 § 2, 2008: Ord. 2764 § 3, 2005: Ord. 2667 § 2, 2001)
A. Restraint Requirements: The owner/custodian of any animal convicted of a violation of the dangerous conduct prohibitions set out in this chapter shall complete the requirements of this subsection and subsection B of this section within thirty (30) days of the date of such conviction. Every dangerous animal shall be securely confined by its owner/custodian within a building or secure enclosure as set out herein, and whenever off the premises of its owner/custodian, shall be either caged or securely muzzled and restrained by an adult with a chain or tether having a minimum tensile strength of three hundred (300) pounds and not more than three feet (3') in length, and shall be under the direct control and supervision of the adult owner/custodian of the dangerous animal. Every person harboring a dangerous animal is charged with an affirmative duty to confine the animal in such a way that persons and other animals do not have access to such animal. To be considered secure, a facility must be constructed in a manner capable of containing the animal. It shall be a completed structure with a securely attached roof of durable material which is secured to a foundation or concrete pad, or it shall be a chainlink structure which includes a securely attached roof, and which is embedded into the ground to a depth of no less than one foot (1'). Both the completed structure and the chainlink structure shall be at least six feet (6') in height and shall include a locking mechanism which shall be kept locked at all times the animal is within said facility.
B. Signage: The owner/custodian of a dangerous animal shall display in a prominent place on the premises a clearly visible warning sign indicating that there is a dangerous animal on the premises, with lettering large enough to be read from the adjacent public right of way. A second warning sign must be posted on the facility in which the animal is kept.
C. Compliance Enforcement Authority: Animal services officers are empowered to make whatever inquiry is necessary to ensure compliance with the provisions of this chapter, and may seize and impound any dangerous animal whose owner fails to comply with the provisions of this chapter.
D. Microchip Implantation And Alteration Required: Any person who has been found guilty of or pled guilty to a violation of the dangerous conduct prohibitions set out above shall, within five (5) days of conviction, have a microchip implanted in the animal by a licensed veterinarian or the animal services department, pay all associated costs, and, for work performed by a veterinarian, provide proof to the animal services department that the microchip has been implanted. In addition, the owner or custodian shall have the animal spayed or neutered by a licensed veterinarian and shall provide proof to the animal services department of such alteration within thirty (30) days of the conviction.
E. Notification To Animal Services: The owner/custodian of a dangerous animal shall notify the animal services department within twenty four (24) hours if said dangerous animal is at large, is unconfined, has attacked another animal or a human being, has temporarily or permanently relocated to another address, or has died, been sold or given away. If the dangerous animal has been sold or given away, the owner/custodian shall also provide the animal services department with the name, address and telephone number of the new owner/custodian of the dangerous animal, within twenty four (24) hours.
F. Impoundment: If a dangerous animal whose owner or custodian has previously been found guilty of or pled guilty to a violation of the dangerous conduct prohibitions in this chapter, regardless of the form of the prior or current judgment(s), is alleged to have committed a subsequent violation of section 6.04.050 or 6.04.040 of this chapter or this section, or is found to be at large, the animal services department shall seize and impound the animal until the matter has been adjudicated. The owner/custodian of the animal shall be responsible for all cost of impound fees, medical care, and other expenses for said animal while it is in custody with the Pocatello Animal Shelter, and the owner/custodian shall pay all such impound fees, medical care, and other expenses within five (5) days of the sentencing, or animal services may dispose of the animal, including, but not limited to, adoption or destruction, without further notice to the owner/custodian.
G. Dangerous Animal Registry: The owner of any animal found to be dangerous, by a court of law, shall within forty five (45) days of such finding, obtain a dangerous animal registration certificate from the animal services department for a fee, as set forth in the city's annual fee resolution adopted by the city council, in addition to other fees that may be authorized by law. The animal services department shall also provide the owner with a uniformly designed tag that identifies the animal as dangerous. The owner shall affix the tag to the animal's collar and ensure that the animal wears the collar and tag at all times. By January 31 of each year, until such time as the dangerous animal is deceased, all certificates obtained pursuant to this subsection shall be updated and renewed for a fee, as set forth in the city's annual fee resolution adopted by the city council, and in the same manner as the initial certificate was obtained. The animal services department shall post registration information on the city of Pocatello dangerous animal registry.
H. Dangerous Animal Registration Certificates: All dangerous animal registration certificates or renewals thereof required to be obtained under this subsection shall only be issued to persons eighteen (18) years of age or older who present satisfactory evidence: 1) of the animal's current rabies vaccination, if applicable; 2) that the animal has been neutered or spayed; and 3) that the animal is and will be confined in a proper enclosure or is and will be confined inside the owner's residence or is and will be muzzled and confined in the owner's fenced in yard until the proper enclosure is constructed. In addition, owners who apply for certificates or renewals thereof under this subsection shall not be issued a certificate or renewal thereof unless they present satisfactory evidence that: 1) their residence is and will continue to be posted with clearly visible signs warning both minors and adults of the presence of a dangerous animal on the property; and 2) the animal has been permanently identified by means of a registered microchip implantation.
I. Cash Bond Required:
1. If any animal is seized under this section or any other section of this chapter, the owner or custodian of said animal shall be liable for the reasonable costs of the seizure and the care, keeping, and disposal of the animal. Reasonable costs shall include, but shall not be limited to, transportation, medical, board, shelter, and farrier costs.
2. If any animal is in the possession of, and being held by the city of Pocatello pending the outcome of a criminal action charging a violation of this chapter, prior to final disposition of the criminal charge, the city of Pocatello may file a petition in the criminal case requesting that the court issue an order forfeiting the animal to the city of Pocatello. The petitioner shall serve a true copy of the petition upon the defendant.
3. Upon receipt of a petition pursuant to subsection I2 of this section, the court shall set a hearing on the petition. The hearing shall be conducted within fourteen (14) days after the filing of the petition. The hearing shall be limited to the question of forfeiture of the animal.
4. At a hearing conducted pursuant to subsection I3 of this section, the petitioner shall have the burden of establishing probable cause to believe that the animal was subjected to conduct which constitutes a violation of this chapter, or that the animal has committed a violation of this chapter. A prior finding of probable cause to proceed on the criminal case will create a permissive presumption that probable cause exists for the forfeiture proceeding. After the hearing, if the court finds probable cause exists, the court shall order immediate forfeiture of the animal to the petitioner, unless the defendant, within seventy two (72) hours of the hearing, posts a cash bond with the municipal treasurer in an amount determined by the court to be sufficient to repay all reasonable care of animal costs incurred, and anticipated to be incurred, for the care of the animal up to the time set for trial on the criminal case. If, after the hearing, the court finds that no probable cause exists, the animal shall be returned to the owner/custodian, and the owner/custodian shall not be responsible for any care of animal costs unless the person later pleads guilty to or is found guilty of a violation of this chapter, at which time the defendant shall owe all care of animal costs as restitution to the city of Pocatello in the criminal case.
5. At the end of the time for which expenses are covered by the cash bond, if the owner/custodian desires to prevent disposition of the animal, the owner/custodian shall post a new cash bond with the municipal treasurer which must be received before the expiration date of the previous cash bond. The court may correct, alter or otherwise adjust the new cash bond upon a motion made before the expiration date of the previous cash bond, provided, however, no person may file more than one motion seeking an adjustment to the new cash bond.
6. If a cash bond has been posted in accordance with this subsection, the city of Pocatello may draw from that cash bond reasonable care of animal costs in keeping and caring for the animal from the date of the seizure to the date of final disposition of the animal in the criminal action.
7. At the end of the time for which care of animal costs are covered by the bond, if no additional cash bond has been posted in accordance with this subsection, the city of Pocatello may determine disposition of the animal. The owner/custodian of the animal shall be liable for all unpaid reasonable care of animal costs. Posting of the cash bond shall not prevent the city of Pocatello from disposing of the seized or impounded animal before the expiration of the period covered by cash bond if the court orders the forfeiture of the animal or the owner relinquishes the animal.
8. Upon resolution of the criminal action, including any appeal(s), regardless of the court's decision of guilt or innocence, remaining funds deposited with the municipal treasurer which have not, and will not be expended for care of animal costs, shall be remitted to the owner/custodian of the animal.
9. Regardless of any other provision of this section, if in the written determination of a licensed veterinarian the animal is experiencing extreme pain or suffering, or is severely injured or diseased and therefore not likely to recover, the animal may be immediately euthanized.
10. No proceeding under this section shall be used as a basis for a continuance or to delay the criminal case nor shall proceedings in the criminal case, other than dismissal, be used as a basis to delay or continue the forfeiture proceeding as provided for in this section. Proceedings under this section are of a civil nature and governed by the Idaho rules of civil procedure except as to limitations upon the discovery process. Due to the need to conduct any proceeding necessary under this section in an expeditious manner and the right of any criminal defendant to avoid self-incrimination, any and all discovery requests shall be granted only under authority of the court. Discovery mechanisms shall not include the deposition of any party, witness, or representative, the use of interrogatories, requests for admission, or the demand to inspect any records outside the immediate reports and financial accountings for the animal in question.
11. "Care of animal costs" include, but are not limited to, costs of transportation, medical care, food, shelter, boarding, impound fees, disposal fees, and farrier fees. (Ord. 2975, 2016: Ord. 2894, 2011: Ord. 2884, 2010)
A. When an owner/custodian of an animal has knowledge that his or her animal has bitten a human being, a pet, domestic animal, or livestock, such owner or custodian shall immediately notify personnel at the animal services center or the police department of the time and circumstances of such bite, and the name and address of the person bitten, if known, and the precautionary provisions in regard to rabies set out in this chapter shall be followed.
B. When any person, including doctor, veterinarian, or medical facility staff, has information that a person or domestic animal or livestock has been bitten by another animal, he or she shall immediately notify personnel at the animal services center or police department and the precautionary provisions in regard to rabies set out in this chapter shall be followed. (Ord. 2975, 2016: Ord. 2667 § 2, 2001)
A. Rabies Vaccination: The owner/custodian of any dog or cat shall be responsible for having the animal vaccinated for rabies by a licensed veterinarian and for keeping immunizations current. Vaccinations must begin when the animal has reached the age of six (6) months. Every owner/custodian must, upon request of an animal services officer or police officer, produce proof of such vaccination(s).
B. Suspected Rabies; Quarantine Procedures: Any owner/custodian of any animal which shows symptoms of rabies, or which has bitten any person, or other animal, causing an abrasion to the skin, shall surrender the animal for impoundment and isolation (quarantine) at the animal services center or to a licensed veterinarian for a period of ten (10) days or shall securely confine the animal on his/her premises for said period of time. The choice of place of quarantine shall be at the discretion of the animal services center. All costs for the quarantine shall be borne by the owner/custodian. If an owner/custodian refuses to surrender or confine the animal, animal services officers are hereby authorized to seize the animal and transport it to a licensed veterinarian. Animal services officers or police officers are hereby authorized to immediately impound any quarantined animal found outside the quarantine area and arrange for its confinement in accordance with this section. If the animal has been confined by the owner/custodian, on the next working day following the ten (10) day quarantine, the owner/custodian shall take the animal to a licensed veterinarian for examination to be tested for rabies and to obtain a rabies vaccination if the owner has not provided a current valid rabies vaccination certificate to the animal services center. A copy of the examination results and a current certificate of rabies vaccination must be provided to the animal services center no later than the following day. Failure of the owner to comply with any of these provisions shall result in the immediate impoundment of the animal, and it shall be subject to destruction or disposal in accordance with policies of the animal services center and this chapter. If an animal quarantined at the animal services center is determined to be free of rabies, it shall be returned to the owner or custodian upon payment of all costs for confinement, examination, and vaccination. If such charges are not paid, the animal shall not be returned and shall be subject to disposal in accordance with policies of the animal services center.
C. Premature Destruction; Preservation Of Head: It is unlawful for any person to kill or cause to be killed any animal suspected of being rabid, provided, however, that an animal services officer or other law enforcement officer may kill any such animal if he determines that the animal is so dangerous or wild that it cannot be restrained and impounded or that further pursuit would result in losing the animal and if the animal can be killed with gunshot so as not to damage the head. The head of any animal so killed must be severed from the body and sent to the public health department for examination and diagnosis.
D. Control Of Contagious Diseases: It is unlawful for any person to permit or allow any animal with a contagious or infectious disease to be upon the public streets, roads and ways of this city; or to be within any public transportation facility or any other public building or place; or to expose such animal in any public building or place, whereby the health, safety, and well being of any person may be affected. (Ord. 2975, 2016: Ord. 2963, 2015: Ord. 2884, 2010: Ord. 2764 § 2, 2005: Ord. 2667 § 2, 2001)
The owner (or parent/guardian of any minor owner) of any animal found to be at large within the city may be issued a notice of violation and assessed the fee per occurrence as set by annual resolution of the city council, to be paid at the animal services center. If the fee remains unpaid for a period of ten (10) days, a five dollar ($5.00) late penalty shall be added. The notice of violation shall be independent of any criminal misdemeanor or infraction proceedings which might be instituted.
A. Impoundment By Property Owner: Any person finding an animal at large upon his property may impound the animal and may take it immediately to the Pocatello animal services center or shall immediately notify personnel at the animal services center that he is holding the animal in his own possession and provide a description of the animal and the name of the animal's owner, if known. The animal services department shall dispatch an animal services officer to impound the animal at the first reasonable opportunity to do so. If the name of the owner/custodian is known or can be easily obtained, the officer may return the animal to the residential address of the owner. If there is no one present, the officer may impound the animal and shall leave written notice at the residence of the person or place to contact to reclaim the animal. The animal services officer shall then take the animal to the animal services center for confinement.
B. Impoundment By Officers: In addition to any other remedies provided in this chapter, animal services officers and police officers are authorized to impound and confine at the animal services center any of the following animals:
1. Any dog without a valid license tag.
2. Any animal at large.
3. Any animal that is in violation of any quarantine or confinement order.
4. Any unattended animal that is ill, injured, or otherwise in need of care. Upon determination by any animal services center staff, police officer, or veterinarian that the injury or illness is untreatable, the animal may be euthanized by the officer or veterinarian without regard to the waiting period set out below. Costs of medical care or euthanasia shall be borne by the owner/custodian.
5. Any animal that is reasonably believed to have been abused or neglected.
6. Any animal that is reasonably suspected of having rabies.
7. Any animal that is reasonably believed to be dangerous or a threat to public health and safety.
8. Any animal that a court of competent jurisdiction has ordered impounded or destroyed.
9. Any animal that is considered unattended or abandoned, e.g., due to the owner's death, arrest or eviction from his or her residence, and there is no sign of care for the animal. (Ord. 2975, 2016: Ord. 2697 § 10, 2002: Ord. 2667 § 2, 2001)
A. The animal services center shall provide suitable and adequate food and water for all animals impounded.
B. Any animal not reclaimed by its owner within three (3) working days shall become the property of the city and shall be placed for adoption or euthanized in a humane manner. The animal services director may refuse to allow adoption to any person who has pled guilty to or been convicted of a violation of this chapter. Appeal of denial may be made in writing within three (3) calendar days to the city council. Specific animals shall not be held at the center pending the council's decision, but may be adopted by other persons or euthanized as provided above. The city council shall hear the appeal at the next available regularly scheduled meeting and may either affirm or reverse the denial. If the denial is reversed, the person may adopt any animal which is available after the council's decision. Fees for adoption and euthanasia shall be set from time to time by resolution of the city council.
C. If the name of the owner is readily available through license records, the animal services center staff shall attempt to notify the owner by telephone or mail or by hand delivery of a notice, or by notice attached to the door of the residence of the animal's impoundment, providing the owner/custodian with the contact information for the animal services department.
D. The animal services center shall keep a record of all animals impounded which shall include a description of the animal, date of impoundment, date of notification of impoundment, method of notification, date of redemption, and record of fees paid or date of other disposition. In the case of adoption, the record shall include the name, address and phone number of the person buying or adopting the animal.
E. Redemption shall be made by providing satisfactory proof of ownership and paying the required fees and charges, including, but not limited to, impoundment fees, daily care fees, any required license fees, and medical costs. All such fees, with the exception of medical costs, shall be set from time to time by resolution of the city council. Copies of such resolutions shall be kept on file and made available in the office of the city clerk. (Ord. 2975, 2016: Ord. 2963, 2015: Ord. 2667 § 2, 2001)
A. General Conditions: Adoption of an animal from the animal services center shall be allowed upon agreement by the adopter to abide by conditions set out in this chapter and in the adoption agreement, upon payment of the required fees, and upon approval by the director of the animal services department. The director of the animal services department may deny a request for adoption of an animal if it is the director's opinion that the animal is a problem animal, or the adopter has a documented history of possessing problem animals, or the director has good cause to believe the adopter and the animal are an inappropriate match. In the event the adoption of an animal is denied by the director, the adopter may appeal the director's decision by filing a written petition with the city clerk within three (3) business days of the director's decision denying the adoption. The adopter's petition must request that the city council review the director's decision at the next regularly scheduled city council meeting for which agenda items are being accepted. The animal services department shall be required to maintain the animal which is the subject of the appeal until the city council has reached its decision on the appeal. Within one day of filing a petition to appeal, the adopter shall pay to the animal services department a deposit in an amount sufficient to cover impound fees, veterinary fees, and any other fees determined to be necessary for the proper care of the animal which is the subject of the appeal. The amount of the deposit shall be determined by the director of the animal services department. In the event the adopter's appeal is granted, the impound fees shall be refunded to the adopter. The city council's decision on the appeal shall be the final decision.
B. Alteration: Any dog or cat adopted from the center shall be altered (spayed or neutered) by a licensed veterinarian either prior to adoption, or within thirty (30) days of adoption, or as soon thereafter as the animal is old enough to be altered. If the animal is not already altered, the adopter shall agree to provide evidence of alteration to the animal services center within thirty (30) days. For animals too young to be altered within thirty (30) days of adoption, proof of alteration must be provided within thirty (30) days of the age they become eligible for alteration, which date will be designated on the adoption paperwork. Any person who has adopted a dog or cat from the center who fails, neglects, or refuses to so provide evidence of alteration may be charged with a misdemeanor violation.
C. Fees: The adoption fee, which shall include licensing fees, shall be set by annual resolution of the city council. (Ord. 2975, 2016: Ord. 2963, 2015: Ord. 2838 § 4, 2008: Ord. 2686 § 1, 2002)
It is unlawful for any person to possess, harbor, or maintain any animal for the purpose of fighting, or to train, torment, badger, bait, or use any animal for the purpose of causing or encouraging it to attack or fight human beings or other animals. Except when great bodily harm or death is likely to ensue immediately, it is unlawful for any person, except for law enforcement personnel directing animals regularly used by them in law enforcement, to maliciously command, encourage, or aid by any means, any animal to bite, chase, attack, or attempt to bite, chase, or attack another person or animal. (Ord. 2667 § 2, 2001)
A. It shall be unlawful for any owner or custodian of any animal to fail to provide the animal with any of the following: sufficient, good and wholesome food, fresh, clean water, proper shelter and protection from the weather, appropriate veterinary care to prevent suffering and/or treat disease, a clean and wholesome living environment, and protection from abuse or misuse.
B. No owner or custodian of any animal shall wilfully abandon such animal on any street, road, highway or public place, or on private property without the consent of the owner thereof to provide care for the animal.
C. The owner/custodian of any animal which dies shall, within twenty four (24) hours, provide for the burial, incineration, or other disposition of the body of such dead animal in a safe and sanitary manner.
D. Animal services officers shall dispose of any animal found dead in the city whose owner/custodian cannot be readily ascertained by removing the body to the animal services center for disposition.
E. No person shall dye or color any rabbit, baby chick, ducklings, or other fowl, or sell, offer for sale, barter, or give away chicks, ducklings, other fowl, or rabbits less than three (3) weeks of age for any purpose. Research facilities shall be exempt from the provisions of this section.
F. It shall be unlawful for the owner/guardian of any animal to keep or maintain any animal on a fixed point tether or chain for a period of more than three (3) continuous hours and no more than six (6) hours combined in any twenty four (24) hour period.
1. The chain or tether must be at least ten feet (10') in length and placed in an area to prevent the animal from becoming tangled with any item or other animal in its surrounding area or able to leave its property. The chain or tether must be situated where it prevents the animal from reaching a fence or sidewalk.
2. No chain or tether shall weigh more than one-eighth (1/8) of the animal's body weight.
3. Any chain or tether must have swivels on both ends and be attached to a properly fitted buckle type collar or harness worn by the animal. Choke chains or pinch collars are prohibited for purposes of tethering an animal.
4. Any female animal in estrus (heat) must not be chained or tethered at any time.
5. Exception: An animal may be restrained by a chain or tether up to eight (8) hours, provided the chain or tether is at least ten feet (10') in length attached to a pulley or trolley mounted on a cable which is also at least ten feet (10') in length, and mounted no more than seven feet (7') above ground.
6. Regardless of the above provisions, no animal that has been convicted of being a dangerous animal, regardless of the form of the judgment, may be chained or tethered outside and left alone for any amount of time without an adult present and the animal muzzled.
G. It shall be unlawful to confine an animal in a motor vehicle or other enclosed space in which the temperature is either so high or so low as to cause potential harm to the animal.
1. If the owner of the vehicle cannot be located and the animal services officer believes that the animal(s) is in danger, the animal services officer shall attempt to contact a local veterinarian to see if the veterinarian is able to immediately come evaluate the situation.
2. If the potential harm to the animal is such that in the opinion of the animal services officer there is no time to wait for the veterinarian, then the animal services officer may enter the vehicle with the assistance of a Pocatello police officer and remove the animal(s) from potential harm.
3. If the animal services officer feels the animal can wait for the evaluation of the veterinarian, then the animal services officer shall wait until the veterinarian arrives. If the licensed veterinarian feels the animal is in danger of potential harm and needs to be removed for its health, the animal services officer with the help of the Pocatello police department can take the measures needed to remove the animal(s).
4. If the animal needs veterinary care, the animal services officer can transport the animal(s) to a veterinarian for treatment. If possible the car should be secured and proper notice for the owner with information on how to contact the animal services officer must be left in or on the vehicle.
5. All costs incurred for damages, veterinarian care and expenses shall be assessed to the owner of the animal(s). (Ord. 2975, 2016: Ord. 2963, 2015: Ord. 2884, 2010: Ord. 2838 § 5, 2008: Ord. 2667 § 2, 2001)
A. No owner/custodian of any animal shall cause or allow such animal to soil, defile, urinate, or defecate on any public property or upon any street, sidewalk, public way, play area or common grounds owned jointly by the members of a homeowners' or condominium association, or upon private property other than that of the owner, unless such owner or custodian immediately removes and disposes of all feces deposited by such animal by collection of the feces and removal of such to the property of the animal owner/custodian for disposition thereafter in a manner permitted by law.
B. No person owning, harboring or keeping an animal within the city shall permit any waste matter from the animal to collect and remain on any property so as to cause or create an unhealthy, unsanitary, dangerous, or offensive living condition on the owner's or custodian's property or to property of others. Offensive living condition shall include, but not be limited to, exposure to the odor of accumulated feces. (Ord. 2667 § 2, 2001)
It shall be unlawful for any person to engage in any conduct defined in this chapter as "cruelty" to animals. Such prohibition shall include, but not be limited to, the following:
A. It shall be unlawful for any person to overload or override an animal or to expose any animal, excluding animals used in law enforcement, to any other unreasonable danger to its health or life.
B. It shall be unlawful to wilfully or maliciously strike, beat, abuse or intentionally run down with a vehicle any animal or otherwise engage in any act to cause or inflict unnecessary pain, injury, suffering or death to such animal; except that reasonable force may be used to drive away any dangerous or trespassing animal.
C. It shall be unlawful for any person, except a licensed veterinarian for humanitarian purposes, to administer poison to any animal, or knowingly expose any animal to any poisonous substance, or ground glass, or leave any such substance in any place with the intent to injure any animal. The provisions of this section are not applicable to exterminators or property owners using poisons or traps as part of a pest control program, or to the use of commercial insecticides and rodent baits used to control insects and wild rodents, or to employees of the animal services shelter in the discharge of their duties related to euthanasia.
D. It shall be unlawful to set any trap which is likely to be injurious to domestic animals. Traps obtained from the animal services center are deemed not to be in violation of this section. Nothing herein shall be construed to prevent property owners from setting humane traps to capture and dispose of lawn and garden pests, rats, mice, gophers, moles, voles, or other animals which constitute a nuisance or are deleterious to their enjoyment of life or property. (Ord. 2975, 2016: Ord. 2884, 2010: Ord. 2667 § 2, 2001)
A. The owner or custodian of any dog which has reached the age of three (3) months must buy a dog license and renew it annually from the animal services center or other duly authorized entity, provided, however, that the owner or manager of any commercial kennel or pet shop offering dogs for sale may so buy and renew a "commercial animal establishment license" which shall cover all the dogs under his/her care which are offered for sale.
B. The owner/custodian shall be responsible for securely attaching the metallic license tag to a collar and ensuring that the dog wears the collar at all times.
C. All such licenses shall be valid for a period of one year from June 1 to May 31 of the following year. It shall be the responsibility of the owner, or custodian in the absence of the owner, of each and every dog to obtain a new license annually.
D. The animal services center shall keep a record of all licenses issued under the terms of this chapter, showing the name, address, and phone number of each owner or custodian, the number of the license, the name, sex, breed, age and color of each animal, the date issued, and the amount paid.
E. The owner or custodian (or parent or guardian if the owner/custodian is a minor) of any animal found to be within the city and found to be not licensed may be issued a notice of violation and assessed the fee per occurrence as set by annual resolution of the city council, to be paid at the animal services center. The notice and fee shall be independent of any Idaho uniform citation which may be issued. (Ord. 2975, 2016: Ord. 2697 § 11, 2002: Ord. 2667 § 2, 2001)
A. The owner or custodian of any cat which has reached the age of three (3) months must buy a cat license and renew it annually from the animal services department or other duly authorized entity, provided, however, that the owner or manager of any commercial kennel or pet shop offering cats for sale may so buy and renew a "commercial animal establishment license" which shall cover all the cats under his/her care which are offered for sale.
B. The owner/custodian shall be responsible for providing proof of a registered microchip which can be used for the purpose of a city tag. Microchips can be purchased at animal services, veterinarian clinics, or at microchip clinics.
C. All such licenses shall be valid for a period of one year from June 1 to May 31 of the following year. It shall be the responsibility of the owner, or custodian in the absence of the owner, of each and every cat to obtain a new license annually.
D. The animal services department shall keep a record of all licenses issued under the terms of this chapter, showing the name, address, and phone number of each owner or custodian, the number of the license, the name, sex, breed, age and color of each animal, the date issued, and the amount paid.
E. The owner or custodian (or parent or guardian if the owner/custodian is a minor) of any animal found to be within the city and found to be not licensed may be issued a notice of violation and assessed the fee per occurrence as set by annual fee resolution adopted by the city council, to be paid at the animal services department. The notice and fee shall be independent of any Idaho uniform citation which may be issued. (Ord. 2975, 2016)
A. No person may operate, or allow to be operated, any commercial animal establishment without having obtained an annual license from the animal services department. A commercial animal establishment license may be granted by the director of the animal services department upon application and payment of the appropriate fee by the owner, provided the establishment meets all regulations, including zoning and building regulations, adopted by the city. Provided, however, that the animal services director shall have the authority to deny the issuance of a license if there is a record of neglect or abuse or any other violation of the regulations of this chapter on the part of the owner/operator or if the facility fails to meet the qualifications specified above. Such denial shall be issued in the form of a written notice with the reasons stated clearly therein. The denial may be appealed to the city council in writing for hearing at the next available regularly scheduled meeting, provided the appeal request is received within ten (10) days of receipt of the notice. The city council may either affirm or reverse the director's decision. The director shall have the authority to revoke a license for the same reasons and using the same procedures as above, subject to the same appeal procedures.
B. Commercial establishment licenses may not be transferred either to another party or to another premises. All such licenses must be renewed annually under the terms and conditions stated above. Failure to comply with all conditions and regulations shall be grounds for denial of renewal.
C. The holder of a commercial animal establishment license shall not be required to license individual animals offered for sale or kept for breeding but shall be required to license any dog owned by him or in his custody which is not offered for sale, kept for breeding, or not in his care and custody for purposes of grooming, boarding, or training.
D. All animals on the premises of a commercial animal establishment must be maintained and kept securely within the premises or on a secure leash.
E. Animal services officers may inspect, or cause to be inspected, any facilities for which licenses have been applied for or granted as often as necessary for adequate control and supervision or for determining whether a license may be issued, revoked, or renewed. (Ord. 2975, 2016: Ord. 2667 § 2, 2001)
A. Any person desiring to have three (3) or more dogs or more than five (5) cats on his or her premises at any given time for purposes not covered by commercial animal establishment licensing must apply for a multiple animal housing license, in addition to obtaining individual dog licenses, on forms provided by the animal services department, providing names of occupants of the premises, address, number and type of dogs to be kept. The application must also be accompanied by the written consent of at least seventy five percent (75%) of the adult owners and/or occupants of all premises, excepting public lands, within one hundred feet (100') of the perimeter of the applicant's property, unless such requirement is excluded by the animal services director. The animal services director shall review the application and shall deny the license if any outdoor dog run area is closer than thirty feet (30') to the nearest residence or building and may deny the license if the required proof of consent has not been provided. The director may also deny the license if the area is not sufficiently enclosed to prevent violations of this chapter or if the applicant or other member of the household has had a violation of the provisions of this chapter.
B. In the event the license is approved, the owner must obtain individual licenses for each dog to be housed, upon completion of which the multiple animal housing license shall be issued for the specified number of animals, subject to such conditions as may be deemed necessary by the director for compliance with this chapter. If the licensee desires to house additional animals not included on the license, he shall be required to apply in the same manner and be subject to the same conditions as set out in subsection A of this section. Provided, however, that the licensee shall not be required to license any offspring of his/her licensed dogs or cats unless such animals are three (3) months old and are still on site.
C. Such licenses must be renewed annually in the same manner as the initial application process above and are subject to revocation for any conviction for violations of the provisions of this chapter, or failure to remove fecal material, or other conduct in violation of this chapter. Denial of renewal is also at the discretion of the director, based upon the standards as set out for the initial license and the reasons listed herein for revocation. Procedures for denial or revocation and appeal shall be the same as set forth in this chapter for commercial animal establishment licenses.
D. Animal services officers or Pocatello police officers may inspect, or cause to be inspected, any facilities at reasonable hours, or at other times in response to complaints requiring immediate attention, for which licenses have been applied for or granted as often as necessary for adequate control and supervision or for determining whether a license may be issued or renewed.
E. A permit under this section may not be transferred to any other person or location. (Ord. 2975, 2016: Ord. 2963, 2015: Ord. 2667 § 2, 2001)
Individual dogs offered for sale in a pet shop or licensed commercial animal establishment, dogs in a veterinary facility or research facility, or dogs in a grooming or boarding facility not owned by the proprietor of the facility, are exempt from the licensing requirement while kept in the facility. It is an affirmative defense that the owner temporarily resides or travels in the city for a period not exceeding thirty (30) days and does not, therefore, need to license the animal. (Ord. 2667 § 2, 2001)
It is unlawful to keep large livestock within the city except by permit issued by the animal services director or his designee under the terms and conditions set forth in this chapter.
A. Permit Requirements: Any person desiring to keep large livestock may make application to the animal services center and shall supply proof that the applicant and premises comply with the following requirements, as well as certifying that he or she will comply with all the following conditions for maintaining the large livestock. The animal services director may deny a permit if the applicant has a record of failure to comply with the provisions of this chapter. Additionally, the director may revoke any permit for failure to comply with any of the conditions or restrictions of the permit. Appeal of the denial or revocation may be made in writing to the city council in the same manner as appeals for commercial animal establishment licensing.
1. A maximum of two (2) animals defined as "livestock, large" may be allowed for each permit.
2. The minimum area required for each permit shall be three- fourths (3/4) of an acre, of which seventy five percent (75%) shall be irrigated "pastureland" with full vegetative cover watered regularly so as to be kept in a healthy, green, and growing condition.
3. An applicant must make and demonstrate adequate provisions to keep large livestock at least thirty feet (30') from any residential dwelling on any adjacent parcel of land, regardless of ownership of the land.
4. Any animal shelter or feeding facility shall be located at least fifty feet (50') from any residential dwelling located on the property and at least fifty feet (50') from any residential dwelling located on any parcel of land adjacent to the parcel on which the large livestock are kept.
5. A permittee shall at all times maintain the acreage on which large livestock are kept in a clean and sanitary condition.
6. A permittee shall at all times maintain any shelter or feeding facility for the large livestock in a clean and sanitary condition.
7. A permittee is prohibited from maintaining the acreage as a commercial feedlot to prepare large livestock for market.
8. The written consent of at least seventy five percent (75%) of the adult owners and occupants of all premises, excepting public lands, within one hundred feet (100') of the perimeter of the applicant's property must accompany the application, unless such requirement is excluded by the animal services director.
9. Offspring may be kept on the property only until standard weaning age.
B. Fees: The initial fee for each large livestock permit shall be set by annual resolution of the city council. Thereafter, the permittee must pay an annual renewal fee as set by annual resolution of the city council for each permit, accompanied by written notice of any change in number of large livestock or amount of acreage. The animal services director or his designee may perform inspections to verify the information provided, and deny any permit renewal for failure to comply with this chapter.
C. Exception: Any person may apply to the animal services director for an exception to the strict terms of the large livestock permit requirements. The director may grant or deny the request. If he determines that an exception may be granted, he may impose additional conditions upon a permittee, including, but not limited to, types of enclosure, number of animals, size of the parcel, standards of upkeep, proof of consent of seventy five percent (75%) of the neighbors living within one hundred feet (100') of the boundaries of the permit area, size of animals, accommodations for animals or other reasonable requirements.
D. Transfer Of Permit Prohibited: No large livestock permit may be transferred to any other person or location.
E. Violations Of Livestock At Large: The owner/custodian of any "livestock, large" as defined within this chapter found running at large is subject to a notice of violation fee in an amount to be determined by annual fee resolution adopted by the city council. If said animal is found in violation of repeated running at large (more than 2 violations) the owner/custodian may be subject to a nuisance violation. (Ord. 2975, 2016: Ord. 2963, 2015: Ord. 2697 § 12, 2002: Ord. 2667 § 2, 2001)
A. Persons wishing to keep small livestock as defined in this chapter, other than dogs, cats, shall apply in writing to the animal services director for a special permit. The application must be accompanied by a fee as set by annual resolution of the city council for each animal. The applicant must also provide proof of the following:
1. Compliance With Idaho Code: Compliance with Idaho Code regarding health certificates, where applicable.
2. Proof Of Notice: Proof of having given notice of his request to owners and occupants of property within one hundred feet (100') of the perimeter of the premises, excluding public lands, where the animals will be kept.
3. Written Consent: Written consent of at least seventy five percent (75%) of said adult owners and occupants to the number and type of animals requested, unless such requirement is excluded by the animal services director.
4. History: Have no history of a violation of this chapter.
5. Holding Structure: A suitable holding structure is required for the animal(s) that provides adequate space and protection from weather and other animals. This structure must be inspected and approved by an animal services officer prior to approval of the permit. The building or structure must also comply with rules and regulations set by planning and zoning department in relations to setbacks and size.
6. Neighboring Property: No person shall maintain or construct any holding facility within thirty feet (30') of the residence of any neighboring property.
7. Violations Of Livestock At Large: The owner/custodian of any "livestock, small" as defined within this chapter found running at large is subject to a notice of violation fee in an amount to be determined by annual fee resolution adopted by the city council. If said animal is found in violation of repeated running at large (more than 2 violations) the owner/custodian may be subject to a nuisance violation.
B. The director may deny the request or issue the permit, subject to any conditions which he deems necessary, and issue the permit and such permit must be renewed annually in the same manner as the original application, including payment of a fee as set by annual resolution of the city council per animal, provided that the animal services director, after inspection of the premises and a review of his records, has determined that the conditions imposed are being met and that the owner and/or animals have not been in violation of any provisions of this chapter. In the event such conditions are not met, or the permittee has failed to comply with other provisions of this chapter, the animal services director may deny a renewal permit.
C. The decision not to issue or renew a permit may be appealed in writing to the city council in the same manner as provided for commercial animal establishment licensing.
D. Any permit issued hereunder is subject to revocation or denial of renewal for failure to comply with conditions, failure to keep the animals secured, failure to prevent the animals from depositing solid or liquid waste upon the person or property of another, unsanitary conditions, if any of the animals become dangerous, or for any violation of any other provision of this chapter. The revocation may be appealed to the city council in writing in the same manner as provided for commercial animal establishment licensing. (Ord. 2975, 2016: Ord. 2963, 2015: Ord. 2884, 2010: Ord. 2697 §§ 13, 14, 2002: Ord. 2667 § 2, 2001)
Any permits or licenses held on the date of passage hereof must be renewed annually by complying with all provisions of this chapter. At the time of the application for renewal, the standards in this chapter must be complied with. (Ord. 2667 § 2, 2001)
A. A violation of the provisions of this chapter for failure to license for animal at large, except for livestock at large, or for any other violation which may be established as an infraction by the Idaho state code, is an infraction punishable by the fixed infraction penalty set out in the Idaho state code.
B. All other violations of this chapter are misdemeanors punishable as provided in section 1.04.040 of this code. (Ord. 2838 § 6, 2008: Ord. 2771 § 2, 2005: Ord. 2667 § 2, 2001)
All other ordinances or parts of ordinances inconsistent with or in conflict herewith are hereby repealed to the extent of the inconsistency or conflict. (Ord. 2667 § 2, 2001)
If any section, subsection, paragraph, sentence, clause or phrase hereof should be declared invalid for any reason whatsoever, such decision shall not affect the remaining portions of this chapter, which shall remain in full force and effect; and to this end the provisions hereof are hereby declared to be severable. (Ord. 2667 § 2, 2001)
The city of Pocatello and other governmental entities that own and utilize dogs for law enforcement purposes are exempt from the provisions of this title. To qualify for this exemption, the publicly owned dog must be certified by the police officers' standards and training program for the state of Idaho. (Ord. 2854 § 1, 2008)