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
Restlawn Cemetery
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)