Loading...
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)
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)
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)
Loading...