ORDINANCE NO. 23-501

ORDINANCE OF THE CITY OF RUPERT, AMENDING RUPERT CODE TITLE 8 CHAPTER 3, PROVIDING FOR SEIZURE AND IMPOUNDING OF DOGS, PROVIDING INFRACTION FOR UNCONTROLLED DOGS, MISDEMEANOR FOR DANGEROUS AND AT-RISK DOGS, REQUIRING AND DEFINING SECURE ENCLOSURE OF DANGEROUS AND AT-RISK DOGS, PERMITTING COURT ORDER FOR DESTRUCTION OF DOGS.

WHEREAS, Rupert previously amended Rupert Code providing for adoption and other provisions under Ordinance No. 21-508; and

               WHEREAS, various parties have sought additional clarification in Rupert’s Code; now

   BE IT ORDAINED by the Mayor and Council of City of Rupert as follows:

   1.   Rupert Code Section 8-3 shall be amended as follows:

      8-3-2: TAG AND COLLAR; TAKING UP DOGS; DOGS AT LARGE:

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Idaho Code 25-2804 shall apply to all dogs without tag and collar within the City. Any City employee, or other designated official, may seize and impound any dog

A. without tag and collar;

B. at large without an attendant or master, not securely confined or leashed whether by tether or trained voice command so that it does not stray;

C. that threatens, aggressively intimidates or harasses, or bites any person, livestock, poultry, or domestic animal; or

D. that defecates on the property of any other person, other than the owner, that is not immediately cleaned.

Adopting the purpose of Idaho Code 25-2805, any person who permits any dog owned or possessed or harbored by him to be, or run at large without a competent and responsible attendant or master, within the City, or willfully or negligently fails, neglects, or refuses to keep any such dog securely confined within the limits of his own premises when not under the immediate care and control of a competent and responsible attendant or master, shall be guilty of an infraction punishable as provided in Idaho Code 18-113A.

8-3-3: CONTROL OF DOGS:

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B. Dangerous and At-Risk Dogs: Idaho Code 25-2810 is deemed to apply within the City, but expanded to include not just persons but any domestic animal. … Any person who shall violate this provision shall be guilty of a misdemeanor and upon conviction thereof shall be punished as found in 8-3-8.

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It shall be unlawful for the owner of the dangerous or at-risk dog, or the owner or tenant of premises where such a dog is present, to harbor such a dog outside a secure enclosure. It shall be unlawful to fail to maintain such the enclosure to prevent the escape of a dangerous or at-risk dog. A secure enclosure is one from which such a dog cannot escape and for which exit and entry is controlled by the owner or tenant of the premises. It shall be unlawful to remove a vicious animal from a secure enclosure unless the animal is restrained in a manner sufficient to control such dog.

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C. Dog Bites: Any dog which has bitten any person shall be surrendered to and/or confiscated by a peace officer or animal control officer. The dog…. If the dog is not claimed by an owner and/or person responsible for the animal within the observation period, it shall be destroyed.

No dog which has bitten a person shall be adopted out or surrendered to any third party if the owner or other person responsible for the animal is not located.

8-3-8: PENALTY:

Any person who shall violate any of the provisions of this chapter shall be guilty of a infraction, unless otherwise provided, and upon conviction thereof shall be punished as follows:

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D. Violations of 4-2A-4 pursuant to references of Idaho Code 25-2810 shall also trigger the related penalties under Idaho Code 25-2811.

E. Violations of 8-3-2, or any other misdemeanor under this chapter, in addition to civil liability, may be subject to maximum penalties of one hundred eighty (180) days in jail and/or one thousand dollar ($1,000) fine, or both.

F. At sentencing on a violation of this chapter, the court may in its discretion, in the interest of public safety, order the owner, or appropriate authorities, to destroy the animal. Similar to Idaho Code 25-2810, both the prosecution and the owner of the animal may present evidence relevant to the propriety of the destruction of the dog.

G. A City or Board Attorney may file a motion or suit for a determination under Idaho Code 25-2810 requesting destruction of the animal, terms for release of the dog back to its owners, and/or recovery of actual fees or costs.

   2.   Any and all ordinances, or parts of ordinances, in conflict with this ordinance are, or to the extent in conflict, repealed.

   3.   This ordinance shall be in full force and effect upon passage, approval, and publication according to law.

   PASSED and ADOPTED by the City Council of City of Rupert, State of Idaho.

   DATED 25th May 2023

THE CITY OF RUPERT

BY: Michael D. Brown, Mayor

ATTEST

Bayley Maughan, City Clerk