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Pocatello Overview
Pocatello, ID Code of Ordinances
CITY CODE of POCATELLO, IDAHO
ORDINANCES PENDING REVIEW FOR CODIFICATION
TITLE 1 GENERAL PROVISIONS
TITLE 2 ADMINISTRATION AND PERSONNEL
TITLE 3 REVENUE AND FINANCE
TITLE 4 RESERVED
TITLE 5 BUSINESS LICENSES AND REGULATIONS
TITLE 6 ANIMALS
TITLE 7 RESERVED
TITLE 8 HEALTH AND SAFETY
TITLE 9 PUBLIC PEACE, MORALS AND WELFARE
TITLE 10 VEHICLES AND TRAFFIC
TITLE 11 AIR TRAFFIC
TITLE 12 PUBLIC IMPROVEMENT STANDARD, STREET ABUTMENTS AND PUBLIC PLACES
TITLE 13 PUBLIC SERVICES
TITLE 14 RESERVED
TITLE 15 BUILDINGS AND CONSTRUCTION
TITLE 16 SUBDIVISION REGULATIONS
TITLE 17 ZONING REGULATIONS
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6.04.200: PERMITS FOR KEEPING OF LIVESTOCK, SMALL:
   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)
6.04.210: RENEWAL:
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)
6.04.220: PENALTIES:
   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)
6.04.230: CONFLICT:
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)
6.04.240: SEVERABILITY:
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)
6.04.250: EXCEPTION:
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)
6.04.260: FEEDING/ATTRACTING WILDLIFE PROHIBITION:
   A.    It is unlawful for any person to intentionally or knowingly feed or attract wildlife (wild or habituated) except those birds and squirrels as allowed in section 6.04.260.C. by placing, depositing, distributing, storing, or scattering food, edible material, garbage, or other attractant, with the intent to lure, attract, entice, or feed wildlife.
   B.    Applicability: This chapter applies to all areas within the City of Pocatello.
   C.    Exceptions: This chapter does not apply to:
      1.   Public employees or their authorized agents acting pursuant to State of Idaho wildlife management plans or acting within the scope of their authority for the Public Safety of Big Game Management/Wildlife purposes, or conducting authorized emergency winter feeding operations, or otherwise carrying out authorized baiting, feeding, or trapping activities in accordance with wildlife management practices.
      2.   Any authorized facilities/individuals acting pursuant to State of Idaho and City of Pocatello permits and licenses responsible or charged with the care of wildlife (i.e. zoos, rehab facilities, or authorized and licensed wildlife rehabilitators).
      3.   Edible material located in a residence, closed vehicle, fully enclosed storage structure, or in an enclosed trash container.
      4.   A person feeding their own domestic animals including dogs, cats, chickens, horses, and livestock or a person feeding their own domestic waterfowl, pheasants, chukars, turkeys, and other animals as allowed by the Idaho Department of Agriculture rules and with the appropriate permits, if necessary.
      5.   Seeds, nectar, and other material in feeders elevated at least five (5) feet above the ground for birds (other than wild turkey and waterfowl) or tree squirrels placed specifically to attract wild birds (other than wild turkey and waterfowl) or tree squirrels.
      6.   Ornamental plants, vegetable gardens, fruit-bearing trees, flower gardens, lawn, naturally growing vegetation (both native and non-native species), native vegetation species intentionally cultivated, and the part of those plants or trees and the fruit/berries that fall to the ground from them.
      7.   Compost piles that are fully contained and made inaccessible to wildlife.
      8.   Persons who are engaged in a lawful trapping activity allowing edible bait with all appropriate licenses and/or permits from IDFG and according to both State of Idaho and City of Pocatello rules and regulations for such trapping activity. Activities include lawful recreational trapping of wildlife and lawful trapping of nuisance wildlife by both public and authorized agents of the State of Idaho, the City of Pocatello, and U.S. Department of Agriculture Wildlife Services.
   D.   Enforcement: A City of Pocatello Animal Control officer, a Pocatello Police Officer, or any other State of Idaho certified Peace Officer may investigate and issue a warning or citation for a violation of this ordinance.
   E.   Penalties: Any violation of this ordinance is an Infraction, punishable by a fine of one hundred dollars ($100.00) and subject to the provisions of Pocatello Municipal Code section 1.04.040. (Ord. 3059, 2020)