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(A) Animal locations, structures, pens, corrals and any other premises or structure used for the keeping of and maintaining of horses, cows, sheep, goats, rabbits, chickens, doves and pigeons or any other animals must be kept in a clean and sanitary condition, free from obnoxious odors and substances. All persons who keep or maintain any horses, cows, sheep, goats, rabbits, chickens, doves or pigeons or any other animals shall keep them confined at all times in enclosures strong enough or staked out or picketed on the premises, or in such a manner as to prevent the said animals or fowl from going upon the premises or property of another. It shall be unlawful for any person keeping or maintaining any of said animals or fowl to allow the same to create a disturbance to the residents in the particular locality by creating any noise, odor or damage to the adjacent property, and the keeping and maintaining of said animals and fowl shall not interfere with the peaceful and quiet enjoyment of such property by such adjacent owners or residents.
(B) All other animals found in city limits, including pets and service animals, must be kept in sanitary conditions with sufficient access to shelter, food, and water so as to maintain the health of the animal. (1958 Code ch. VII art. 1; amd. Ord. O-2023-017, 12-18-2023)
(A) The Code Enforcement Coordinator shall issue a permit to keep or maintain animals in the City only after the recommendation of the City Chief of Police or his designee. The Chief of Police or his designee shall inform the Code Enforcement Coordinator that the requirements of this chapter have been complied with before the Code Enforcement Coordinator shall issue such permit. The Chief of Police or his designee may deny the issuance of a permit if fraudulent or untrue representations are made by the applicant or the applicant is in violation of any of the provisions of this chapter.
(B) Before being issued a permit, the applicant shall circulate a petition among all those households located within three hundred feet (300') of the applicant's property. The petition shall state the number and type(s) of animals the applicant wishes to keep and shall give the location of the property on which the applicant wishes to keep the animals. The applicant must obtain an acknowledgment from every household within three hundred feet (300') whether the household resident approves or disapproves of the application, and must receive the approval of seventy five percent (75%) of the households located within three hundred feet (300') of his property before an animal permit will be issued. If the applicant is unable to obtain an acknowledgment from a household within three hundred feet (300'), the applicant may substitute a statement for the household excluded, explaining the attempts made to obtain the acknowledgment, and the results of those attempts.
The Chief of Police or his designee shall not issue a permit if acknowledgment and approval, as described above, has not been met.
(C) The Chief of Police or his designee, prior to the issuance of a permit, may inspect places and premises where any of the animals are kept or housed and, if a violation of this chapter is found to exist, the Chief of Police or his designee shall deny issuance of the permit to the applicant. (Ord. 2197, 3-16-1987; amd. Ord. 3018, 10-24-2011; Ord. O-2023-017, 12-18-2023)
If the applicant is aggrieved by the decision of the Chief of Police or his designee the applicant may appeal such decision to the City Council within seven (7) days of notice of the decision of the Code Enforcement Coordinator. The applicant must, in writing, appeal to the City Council and set forth the reasons therefor why the applicant should not be denied a license. The City Council shall set the time and place for a hearing a reasonable period of time subsequent to applicant's written notice of appeal. Notice of such hearing shall be personally served upon the applicant, or mailed postage prepaid to the applicant at his last known address, at least three (3) days prior to the date of the hearing. The order of the City Council shall be final. (Ord. 2197, 3-16-1987; amd. Ord. O-2023-017, 12-18-2023)
(A) Recommendation Of Revocation: The Chief of Police or his designee may recommend to the City Council the revocation of any permit upon evidence that any of the conditions set forth in this chapter are a prerequisite to the issuance of a permit have been violated, or that the permit was issued upon fraudulent or untrue representations by the applicant, or seventy five percent (75%) of the households located within three hundred feet (300') of the premises where any of the animals are being kept or maintained, file a petition for such revocation, or that the person holding the permit has violated any of the provisions of this chapter or title 7 of this Code.
(B) Inspection: All places and premises upon which any of the animals are kept or housed shall be open at all times for inspection by the Chief of Police or his designee. If, upon inspection, there is found to exist any violation of any provision of this chapter, the Chief of Police or his designee shall give the person responsible for such violation a written notice specifying the violation in particular and requiring such offender to abate or correct the same within a period of twenty four (24) hours. If the violation is not abated or corrected within the twenty four (24) hour period, the Chief of Police or his designee shall recommend to the City Council that the permit of such person be revoked.
(C) Revocation Of Permit: The City Council may revoke any permit issued under this chapter for violation of any of the provisions of this Code or ordinance of the City or laws of the State of Idaho. Prior to revocation by the City Council, the Chief of Police or his designee or City Council shall notify the applicant in writing, setting forth specifically the grounds of the complaint and the time and place of the hearing. Such notice shall be personally served upon the permittee, or mailed postage prepaid to the permittee at his last known address at least three (3) days prior to the date set for the hearing. (Ord. 2197, 3-16-1987; amd. Ord. O-2023-017, 12-18-2023)
For the purpose of selling, loading and shipping any horses, cows, pigs, hogs, goats, sheep or chickens, it shall be lawful to keep the same in loading pens provided for said purpose, but no such animals shall be kept in such pens within the corporate limits of the City for a period of more than thirty six (36) hours except by written permission of the Chief of Police or his designee. (1958 Code ch. VII art. 1; amd. Ord. 2197, 3-16-1987; amd. Ord. O-2023-017, 12-18-2023)
This chapter shall apply to all animals and poultry now within the City and to those subsequently brought into the City; provided, however, that the provisions of sections 6-3-1, 6-3-4 and 6-3-5 of this chapter shall not become effective for areas annexed into the City after the effective date hereof for a period of two (2) years after annexation into the City. The provisions of subsection 6-3-8(B) of this chapter requiring the circulation of a petition before issuance of an animal permit shall not apply to animals on property annexed into the City for such time as the same number and type of animals continue to be kept or maintained on the property. (Ord. 2966, 4-13-2009)
Any person, who, after having been warned in writing by Code Enforcement, willfully or negligently permits any animal, excluding domestic cats, owned or possessed or harbored by him to be, or run, at large without a competent and responsible attendant or master, within the limits of the city, or who willfully or negligently fails, neglects or refuses to keep any such animal 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 with a fine of three hundred dollars ($300.00). (Ord. O2023-017, 12-18-2023)