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HomeMy Public PortalAboutOrd. 337 - Amending City Code Relating to Dogs ORDINANCE NO. 337 AN ORDINANCE RELATING TO DOGS; REPEALING SECTION 5-4-16 -OF THE _. VILLAGE CODE OF McCALL, IDAHO;- AMENDING CHAPTER 4 OF TITLE 5 OF THE VILLAGE CODE OF MCCALL, IDAHO BY- ADDING SIXTEEN SECTIONS. THERETO NUMBERED 5-4-15 THROUGH 5-4-31; PROVIDING THE FOLLOWING: DEFINITIONS; PROHIBITING DOGS RUNNING AT .LARGE; PROVIDING -FOR TRAINING_GRO.UNDE:-FOR_DOGS; CREATING_ THE_-OFFICE OF_-DOG_.--WARDEN; ESTABLISHING__-A ._CITY-_DOG POUND; PROHIBITING 'INTERFERENCE-WITH ' IMPOUNDING OF DOGS; REQUIRING KEEPING OF RECORDS .OF IMPOUNDED DOGS; PROVIDING THAT THE DOG WARDEN SHALL BE POUNDMASTER AND PROVIDING FOR APPOINTMENT OF DEPUTIES; PROVIDING FOR REDEMPTION OF IMPOUNDED DOGS; PROVIDING IMPOUNDING FEES; PROVIDING FOR NOTICE OF SALE OF IMPOUNDED DOGS; PROVIDING FOR IMPOUNDING OF DOGS; PROVIDING FOR DESTRUCTION OF DISEASED DOGS; ESTABLISHING PROCEDURE ON SALE OF EMPOUNDED DOGS; PROVIDING A PENALTY; AND PROVIDING A SHORT TITLE. BE IT ORDAINED BY- THE MAYOR AND COUNCIL OF THE CITY OF McCALL, IDAHO, AS FOLLOWS: Section 1. That Section 5-4-16 of the Village Code of the City of McCall, Idaho, be and the same is, hereby repealed. Section 2. That Chapter 4 of Title 5 .of the Village Code of McCall, Idaho, shall be, and is, hereby amended by the addi- tion thereto of sixteen sections to be numbered 5-4-16 through 5-4-31, to read as follows: 5-4-16 DEFINITIONS:' The term "owner" as used in this Chap- ter shall be construed to mean and include any person owning, harboring or keeping a dog within the City. The term "dog" as used in this Chapter shall mean and include either male or female. 5-4-17 RUNNING AT LARGE PROHIBITED: Except as provided by Section 5-4-18, it shall be unlawful for any owner to allow or permit any dog, whether licensed or not, to be or remain upon the streets or alleys of the City, or in any public place in the City, or upon any other premises therein, unless: (A) Such dog be in charge of a person and controlled by a leash not exceeding ten (10) feet- in length. (B) Such dog be confined in a motor vehicle. 5-4-18 TRAINING GROUNDS: The Council may designate such areas of the public park or other public grounds of the City which may be used, subject to such rules and regulations as may be prescribed, for the training or exercise of dogs„- Dogs within such- area so designated,need not be controlled. by leash but shall be under the control .of a responsible person and controlled by whistle, voice or other effective command. 5-4-19 =-DOG--WARDEN S—The -of fice_.of -Dog-Warden-is= hereby_ created. __-,_Dog Warden-_sha11--be,- and-__ice;_.=her_eb_y_au.thorize-d to make all necessary arrests. and seize, keep and remove any dog in violation of and in enforcing the provisions of Chapter 4 of Title 5 of the Village of McCall, Idaho,, and thi's Ordinance, subject to and under the supervision and direction of the Mayor and Council of McCall. No person shall interefere with, hinder., molest or abuse any Dog Warden in the exercise of the police powers- in the en- forcement of this Ordinance. ' 5-4-20 CITY POUND: There is hereby established a City Pound for the impounding and care of stray dogs. The Dog Warden shall maintain and operate the City Pound for the purpose of -impounding, keeping and disposing of any dog impounded according to the provisions of the Code. 5-4-21 IMPOUNDING; INTERFERENCE UNLAWFUL: . It shall be unlawful for any person to hinder or molest any person who may be engaged in seizing, keeping or removing any dog on conformity with the provisions of this Chapter. 5-4-22 RECORDS: The Dog Warden shall keep a record of all dogs impounded, which record shall contain a descrip- tion of the dog, the place where, and the date when, taken into custody or when delivered to the City Pound. 5-4-23 POUNDMASTER: The Dog Warden may designate and em- ploy with the approval of the Mayor, such persons to act as Deputy Poundmasters as may be required. The Dog Warden shall be known as the Poundmaster. 5-4-24 REDEMPTION,; IMPOUNDED DOG: Any dog impounded be- cause it was found running at large - ' or without a license, may be redeemed by the owner prior to the sale or destruc- tion of such dog, by paying all charges against the same, as provided by this Ordinance. 5-4-25 FEES; IMPOUNDING: (A) The City, or the Poundmaster, shall be entitled to charge a fee for the keeping and selling of any dog, which fees shall be, for the keeping and selling, re- tained by the City as payment toward the costs and expense incurred by it in the keeping and selling of such dog. The fees charged by the City for impound- ing, keeping and selling any dog shall be paid upon redemption or sale of such dog, shall be as follows: For impounding any dog, each, ten dollars ($10.00) . For keeping any dog, per day, each two dollars ($2.00) . The actual veterinary and hospital expenses incurred in caring for any dog. In addition to the foregoing, any person redeeming any dog, shall, prior to or at the time of the redemption, take out a license for the same, unless such dog shall -2- already have a license for the calendar year; and any person purchasing a dog at any sale herein pro- vided for shall promptly take out a license for the same. A fraction of a day shall be deemed a full- day,,- and-- a portion of a day in excess of any multiple - of-twenty=-Eau-r--{-24-1 -hours- -shallbe--deemed-­a 'full--day. - (B) All fees imposed for impounding shall be paid to the Poundmaster and shall be by him remitted to the City Clerk on Friday of each week. 5-4-26 SALE NOTICE: At any time after any dog shall .have been impounded, the Poundmaster shall give notice of sale by posting a notice at the Police Station and at the Pound,_ describing the dog impounded, and notifying the owner to . pay the charges thereon and remove same prior to the time fixed for the sale thereof; .and that, otherwise, the dog will be sold at a public sale at a time and -place- named- in said notice, which time shall be not less than five (5) days from the date of the posting of such notices. 5-4-27 DOGS; IMPOUNDING; (A) Police Officers, Dog Warden, the Poundmaster or deputy taking up and immediately delivering­ to the Poundmaster may seize and impound all dogs without collars bearing licenses as required by this Ordinance, and the fore- going persons may also seize and impound any and all dogs found running at large upon the public streets,, alleys or other public places or upon other premises as defined and prohibited by this Ordinance. (B) The owner of any dog taken up and impounded under the provisions of this Chapter may recover possession of such dog upon payment to the Poundmaster of the re- quired license fee, and fees authorized to be received and charged by the pound. If the owner or representa- tive of the owner of any dog taken up and impounded shall fail to pay the license fees, costs and fees of the pound as provided by this section within twenty four (24) hours after actual notice to the owner or representative of the owner, or within five (5) days after reasonable and diligent effort to notify the owner or representative of the owner, or within five (5) days -after notice has first been -posted pursuant to Section 5-4-26, the Poundmaster may dispose of a dog either by selling ,the dog pursuant to the pro- visions of this Chapter, provided the purchaser shall pay the license fee and the costs and fees as herein provided or by destroying such dog in a humane manner. 5-4-28 DISEASED DOGS; DESTRUCTION: Any dog impounded here- under and suffering from serious injury or disease, may be humanely destroyed at the discretion of the Poundmaster. 5-4-29 SALES; BIDS; TITLE: The sales herein provided for shall be for cash to the highest bidder. In the event there be no bid, the Poundmaster may destroy any such dog offered for sale. The purchaser at such sale had after notice as herein provided for, shall acquire absolute title to the dog- purchased. -3- i 5-4-30 VIOLATIONS; PENALTY: Any person, firm, company, corporation or association violating any of_ the provisions of this -Ordinance shall be deemed guilty .of a misdemeanor and upon conviction thereof, shall be fined not exceeding - three hundred dollars ($300.00) or by imprisonment for not more than thirty (30 ) days or by both said fine and im- prksonment.-- _ 5-4-31 SHORT TITLE: This Ordinance shall be known as the McCall Leash Law. - PASSED AND APPROVED this 28th day of January, 1975. Mayor ATTESt: V - City Clerk