HomeMy Public PortalAboutORD 149-02-10_Amending Dog Ord._04272010ORDINANCE NO. I` 19 -0a -10
AN ORDINANCE OF THE CITY OF IONA, IDAHO;
AMENDING SECTIONS 5-4-3, 5-4-4, 5-4-5, 5-4-6, 5-4-7,
5-4-10, 5-4-14, 5-4-15 AND 5-4-16 OF THE IONA CITY
CODE, RELATING TO DOG CONTROL;
ESTABLISHING METHODOLOGY, PROVIDING FOR
SEVERABILITY, PRESERVING PRIOR ORDINANCE
AND ESTABLISHING EFFECTIVE DATE.
BE IT ORDAINED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF
IONA, IDAHO THAT:
Section 1. Amendment of Section 5-4-3, Iona City Code. Section 5-4-3
of the Iona City Code is hereby amended as follows:
5-4-3: LICENSE FEES: The annual fee for licensing fee for all unneutered
dogs shall be five dollars ($5.00),
dogs shalt be tl1r d�iiars {$3.$8�. Cash li�c se sha+t ex-ptre in December 31 of
each year. said license to expire on midnight, December 31, of the second full
calendar year after the date the license was issued. Alternatively, an owner may
purchase a "lifetime" license. the fee for which shall be fifteen dollars ($15.00), per
animal. Such lifetime license shall be valid for the life of the animal as Iona as the
animal is owned by the person to whom the license was first issued. Upon payment
of such fee, the Clerk shall issue a license and a metal tag bearing the year of
issuance and a number corresponding to the number on the license. The license
shall state the date of issuance, the Mate of expiration date, the amount paid, the
name and address of the person to whom issued and the breed and sex of the dog-
stated above. and any characteristics or features that uniquely identify the animal.
It shall be unlawful for any_person to affix such metal tag to any dog other than the
animal for which it was originally issued.
Section 2. Amendment of Section 5-4-4, Iona City Code. Section 5-4-4
of the Iona City Code is hereby amended as follows:
5-4-4: TAGS TO BE PLACED ON COLLAR: Any person who owns or keeps
a licensed dog within the City which does not have a tag metal tag issued for such
doa affixed to its neck, or who owns or keeps a dog with a metal taa issued for
another dogis guilty of misdemeanor an infraction. If the metal tag is lost, a
duplicate tag may be obtained from the Clerk, upon payment of a onetwo dollar
($+2.00) fee.
Section 3. Amendment of Section 5-4-5, lona City Code. Section 5-4-5
of the lona City Code is hereby amended as follows:
5-4-5: RECORD OF LICENSE: The Clerk shall keep a record of the licenses
issued under this Chapter and shall record all of the facts required to be stated in the
license. Duplicate records of licenses issued shall be maintained by the
PoundmasterAnimal Services Manager at the Animal Control Shelter.
Section 4. Amendment of Section 5-4-6, lona City Code. Section 5-4-6
of the lona City Code is hereby amended as follows:
5-4-6: IMPOUNDING OF DOGS: All dogs found running at large are declared to
be public nuisances and may
be immediately impounded in the Animal Control Shelter without notice to the owner. The
impoundment, redemption, sale or other disposal of impounded dogs shall be as follows:
(A) Unlicensed Dogs: -All impounded dogs not licensed or not identified by tag or
microchip shall be retained in the Animal Control Shelter for a minimum of seventy
twethree (-23) hoursbusiness days. At any time during this period, the owner or
keeper of such dog may redeem it by procuring a license, a microchip and by
paying an impound fee of ten dollars ($10.00) plus aft boarding fees established
byfee as set forth in the animal control shelteris Chapter.
(B) Licensed Dogs: -All impounded dogs which are licensed or otherwise identified with
dog tagsa tad or microchip or whose owner is known shall be retained in the Animal
Control Shelter for a minimum period of five (5) days after the owner is notified in
writing of the impoundment. —As soon as reasonably possible following
impoundment of such dog, the roundmasterAnimal Services IVlanaaer shall give
notice of the impoundment to the owner of the dog by telephone, if possible, or by
. The roundmasterAnimai
Services Manager shall keep a record of the date, time and manner of giving notice,
with respect to each impounded dog.- All written notices shall be sent by certified
mail addressed to the owner at his last known address. At any time during the said
five (5) day period the owner may redeem the dog by procuring a license or
microchip and paying an impound fee of ten dollars ($10.00) plus all boarding fees
pfee as set forth in the animal control shelteris Chapter. The five (5)
day period shall commence to run at noon on the day following placing of the
telephone call or the posting of the certified letter.
(C) An unneutered dog that has been impounded at the Animal Control Shelter on two
(previous occasions during the previous one (11 year period shall be required to
2
be spayed or neutered prior to the owner redeemina the animal. The impound and
boarding fees shall be
owner or
$50.00) for a
toward the cost of the spay or neuter.
-applied
weanng a tag.
(D) Unclaimed Dogs:- The ownership of any dog not redeemed within the periods of
time herein stated shall be forfeited and the dog may be sold thereafter by the
PotffreffitersterAnimal Services Manager to any person.
(E) No dog shall be released from the Animal Control Shelter unless the dog is licensed
or microchioped under this Chanter and wearing a tea.
(F) Disposal of Dogs: -If any dog is not redeemed or sold, the dog may be humanely
destroyed and the carcass disposed of in any lawful manner.
(G) Impound and Boarding Fees: For the purposes of this Chapter the impound
fee shall be twenty-two dollars (S22.00) and the boarding fee shall be an
amount equal to the boarding fee established by the Animal Control Shelter.
Any owner of an animal who refuses to pay the impounding or boarding fees
for any animal under his or her control shall be guilty of an infraction.
Section 5. Amendment of Section 5-4-7, lona City Code. Section 5-4-7
of the lona City Code is hereby amended as follows:
5-4-7: COMMERCIAL AND NONCOMMERCIAL KENNEL LICENSE: It shall
be unlawful to operate a dog kennel or to keep upon the premises of any one
household or upon the premises of any one business property, more than two (2)
dogs unless the owner or person in charge thereof has a commercial or
noncommercial kennel license.
(A) Application for a noncommercial kennel license shall be made to the Clerk.
peration at st cn n8n-c
ap-pticauon,
3
The applicant shall also
pay a license fee of twenty five dollars ($25) annually, which fee shall be
The application shall
state the name and address of the owner, the location of the non-commercial
kennel, the number of dogs presently kept and the breed(s) of the dogs. All
dogs kept in a noncommercial kennel shall be owned by members of the
immediate household and separate tags shall be issued for each dog. In no
event may anv holder of a non-commercial kennel license keep more than
four (4) dogs upon the licensed premises. Noncommercial kennel licenses
shall not be transferable re-yerc, ir'-'°a`
issuedto any other owner. Such license may be revoked by the City Council
upon a finding that the owner has violated anv of the provisions of this
Chapter or upon a finding that twenty-five percent (25%) or more of the
owners or persons in possession of premises located within three hundred
(300) feet of the exterior boundaries of the licensed premises have filed a
written petition with the City Clerk requesting that such license be revoked. In
the event of such revocation. a new license shall not thereafter be issued
unless the owner can demonstrate that seventy-five percent (75%) of such
owners or persons are willing to consent in writina to the issuance of a new
license, provided however that in the event there are less than four of such
owners the City Council may issue such license upon a finding that good
cause exists for its retention.
(B) Commercial Kennel: A commercial kennel is a kennel where the owner or a
keeper of dogs sells or advertises for sale, boards, breeds, trains, treats or
handles dogs for a consideration, provided however any clinic or place owned
or operated by a veterinarian licensed under state law shall not be considered
a kennel. Application for a commercial kennel license shall be made to the
Clerk. The application must state the zone in which the kennel will be
maintained and must be accompanied by the written consent to such
commercial kennel by all property owners located within three hundred feet
(300') of the exterior boundaries of the property upon which the kennel will be
operated and must be accompanied by a license fee of fifty dollars ($50),
which fee shall be returned to the applicant if license is not issued. Licenses
shall not be transferrable to any person or location not stated in the
application. All licenses shall expire on December 31 of the year in which
issued. A commercial kennel license shall not be issued for any premises
where such use is not permitted under the Zoning Ordinance.
Section 6. Amendment of Section 5-4-10, lona City Code. Section 5-4-10
of the lona City Code is hereby amended as follows:
5-4-10: CONTROL OF DOGS:
4
(A) Any person who harbors or keeps on his premises, or in his control any dog
which by loud and prolonged barking or howling, disturbs the peace and quiet
of the neighborhood, or the occupants of adjacent premises, is guilty of a
��rfsieineanoran infraction. For the purposes hereof the term "loud and
prolonged barking" shall mean (i} any incessant barking, howlino. whining or
other disturbin. noise for a period of thirty (301 consecutive minutes or more
within an calendar day or (ii} intermittent barking for a period of sixty (60}
consecutive minutes or more during any calendar day. Nothing herein shall
allow the issuance of a citation to any dog owner whose doa is provoked by
a trespasser, intruder or by anv other person who unreasonably and without
cause provokes or teases such dog.
(B) Any owner or keeper of a dog who allows the dog to run at large on or in any
public street, alley, sidewalk, park or place, or upon private property without
the permission of the owner or occupant thereof, is guilty of a risdemeanor
n infraction. Notwithstanding the foregoing, the Mayor may, upon application
of any person, authorize dog shows, exhibitions and dog training courses to
be held upon public property and where the dogs participating therein are
controlled by competent attendants and the Council may designate public
areas within 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
areas 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. Notwithstanding the foregoing, any person who allows a dog
under leash to be in any public park or recreation area designated by the
Council as a public area in which dogs are not allowed, is guilty of a
misdemeanor, unless the dog is a seeing -eye dog or is a participant in an
approved dog show, exhibition or dog training course. Such areas shall be
specifically designated by resolution of the Council and a sign giving notice of
such prohibition shall be posted at each vehicular entrance to such public
area.
(C) Any owner or keeper of any female dog in heat who allows such dog to run at
large or who fails to confine or enclose the dog in such a manner as to
preclude other dogs from attacking the female dog or from being attracted to
such female dog, is guilty of a misdemeanor.
(D) Any person who lets to a female dog any dog, except within an enclosure so
arranged as to obstruct such animal completely from the view of all persons
who have no proprietary interest in the breeding of such animals, is guilty of
a misdemeanor.
person owning, keeping or having in his or her immediate care or custody
any dog shall knowingly fail or neglect to clean up anv feces of the dog
5
immediately and dispose of it in a sanitary manner whenever the dog has
defecated upon public or private property owned or within the control of
another and without the consent of such public or private owner or person.
The provisions of this section shall not apply to a blind person being
accompanied by a guide dog or signal dog, nor shall they be construed to
re uire or countenance any act of trespass upon private property. Whenever
the feces to be cleaned up cannot be reached without an unlawful trespass
upon the private property on which the feces is located. the person having the
duty Pursuant to this section to clean it up shall first obtain permission to do
so from the owner or person in lawful possession or charge of the property.
If a property owner does not consent to the owner of the dog cleaning uo the
feces, then this section will not apply to the dog owner. Any person who
violates the provisions of this subsection shall be punishable by a civil
infraction of twenty dollars ($20) for the first offense, forty dollars (S40' for anv
infraction committed within six (6) months of a previous infraction or sixty
dollars ($60) if such offense is committed within six (6) months of two (2)
previous infractions.
Section 7. Amendment of Section 5-4-14, lona City Code. Section 5-4-14
of the Iona City Code is hereby amended as follows:
5-4-14: DISPOSAL OF VICIOUS DOGS: Dogs determined to be vicious under
this Chapter shall be impounded and disposed of as follows:
(A) Impounding of Vicious Dogs: City police officers and animal control officers
shall take up and impound any vicious dog found within the City limits.
(B) Disposal of Unlicensed Vicious Dogs: All vicious dogs not licensed or
identified by tag shall be retained in the pound for a minimum of seventy two
(72) hours. If the owner or keeper of such dog does not appear at the pound
within this seventy-two (72) hour period, the dog shall be humanely destroyed
and the carcass disposed of in any lawful manner. If the owner or keeper of
the impounded vicious dog appears at the pound at any time during the
seventy-two (72) hour period, the Poundmaster or his authorized
representative shall deliver a written notice to the owner or keeper of the dog
stating that the dog has been impounded as a vicious dog and that the dog
will be destroyed within ten (10) days after the date of such notice unless an
order to show cause is issued by a court of competent jurisdiction and served
upon the City, requiring the City to show cause why the dog should be
destroyed. Such notice shall be deemed to be given as of the date of its
delivery to the owner or keeper of the dog. If such order is not served upon
the City within ten (10) days of the date of the notice, the dog shall be
6
destroyed and disposed of as provided herein. If the order to show cause is
issued and served upon the City Clerk within ten (10) days of delivery of the
notice to the owner the dog shall be retained in the pound until further order
of the Court.
(C) Disposal of Licensed Vicious Dogs: If a vicious dog is licensed and properly
identified with a dog tag, the Poundmaster shall notify the owner of the
impoundment, within forty eight (48) hours of the impoundment, by certified
mail addressed to the owner at his last known address. Such notice shall be
deemed to be complete upon its deposit in the United States mail, postage
prepaid, certified mail, return receipt requested, addressed to the owner at
such address. This notice shall state that the dog has been impounded as a
vicious dog and that the dog will be destroyed within ten (10) days after the
date of such notice unless an order to show cause is issued by a court of
competent jurisdiction and served upon the City, requiring the City to show
cause why the dog should be destroyed. If such order is not served upon the
City within ten (10) days of mailing of the notice, the dog shall be humanely
destroyed and the carcass disposed of in any lawful manner. If the order to
show cause is issued and served within (10) days of mailing of the notice, the
dog shall be retained in the pound until further order of the court.
(D) Impound Fees: If the Court orders the release of any dog impounded under
this Section, the owner or keeper of the dog shall pay a boarding fee of three
fee shall be chargedas established by the Animal Control Shelter.
Section 8. Amendment of Section 5-4-15, lona City Code. Section 5-4-15
of the lona City Code is hereby amended as follows:
5-4-15: POLICE OFFICERS: Any
Chapter. duly sworn peace officer as defined by State law. may and hereby is
authorized to enforce the provisions of this Chapter.
Section 9. Amendment of Section 5-4-16, Iona City Code. Section 5-4-16
of the lona City Code is hereby amended as follows:
5-4-16: PENALTY:
7
(A) Except was provided otherwise in this Chapter. any person who violates the
provisions of this Chapter is guilty of a misdemeanor and is punishable, by a
fine no greater than two hundred fifty dollars ($250). In lieu of appearing in
court as required any person may post a cash bond in the amount of two
hundred fifty dollars ($250) with the City Clerk, or any other person designated
to collect funds pursuant to Rule 12, Idaho Misdemeanor Criminal Rules, and
the bond shall be forfeited immediately upon its posting. If any person
violates the provisions of this chapter within six (6) months of the entry of a
judgment for a previous violation of this chapter, then such fine shall be
double the amount set forth above. The City Clerk or other designated person
shall account quarterly on a fiscal year basis to the Clerk of the District Court
for all bonds so forfeited and the City Treasurer shall monthly remit ten
percent (10%) of all such forfeitures to the Clerk of the District Court, as
required by Idaho Code, Section 19-4705.
(B) Any person who violates the provisions of section 5-4-10(A) or (B) shall be
guilty of an infraction and shall be punishable by a civil penalty in the amount
of thirty-five dollars ($35) for the first infraction. seventy dollars ($70) if another
infraction has occurred within the preceding six (6) months or one hundred
dollars ($100) if two infractions or more have been committed within the
preceding six (6) months. If four (4 or more violations have occurred within
the preceding six (6) months then such violation shall be considered as a
misdemeanor and shall be punishable in accordance with subsection (A) of
this section.
Section 10. Methodology. For the purpose of this Ordinance, text that is
underlined in the preceding sections means new text added to the former Ordinance
or City Code Section, and text that is stricken through means text that is being
deleted from the former Ordinance or Code Section. Text that is moved from one
location in the former Ordinance to another is similarly shown as underlined text.
Section 11. Severability. The provisions of this Ordinance are severable.
In the event any provision shall be determined to be void or unenforceable for any
reason, such determination shall not affect the enforceability of the remaining
provisions.
8
Section 12. Preservation of Prior Ordinance. The sections of the City Code
amended or repealed by this Ordinance shall be preserved to the extent necessary
to allow the arrest, prosecution and punishment of any person who violates such
provisions prior to the effective date hereof.
Section 13. Effective Date. This Ordinance shall be effective on January 1,
2010, provided it has been first published in the manner provided by law; otherwise
it shall become effective upon such publication.
PASSED BY THE COUNCIL AND APPROVED BY THE MAYOR this
day of Apr i , 2010.
ATTEST:
Ro
City Clerk
(SEAL)
o=
•:•...
Brad Andersen
Mayor
9
STATE OF IDAHO )
)ss.
County of Bonneville )
I, ROBYN KEYES, CITY CLERK OF THE CITY OF IONA, IDAHO, DO
HEREBY CERTIFY:
That the above and foregoing is a full, true and correct copy of the Ordinance
entitled, "AN ORDINANCE OF THE CITY OF IONA, IDAHO; AMENDING
SECTIONS 5-4-3, 5-4-4, 5-4-5, 5-4-6, 5-4-7, 5-4-10, 5-4-14, 5-4-15 AND 5-4-16 OF
THE IONA CITY CODE, RELATING TO DOG CONTROL; ESTABLISHING
METHODOLOGY, PROVIDING FOR SEVERABILITY, PRESERVING PRIOR
ORDINANCE AND ESTABLISHING EFFECTIVE DATE."
G:\WPDATA\DWS\2708 City of Iona \ORD\Dog Control.ORD.2.wpd:sm
Rol;yn yes
City Clerk
10
PUBLIC NOTICE
The City of Iona's Council has scheduled a public hearing on the evening of April 27,
2010 at 7:20 P.M. at the Iona Community Center, which is located at 3548 North Main
Street, Iona, Idaho. The purpose of the hearing is to consider amendments to the dog
ordinance as recommended by the City Code Officer.
If you have any comments concerning this hearing, they will be considered at the public
hearing. Comments may be made in writing, but must be received by the City Clerk no
later than seven (7) days before the public hearing.
Rob
City Clerk
Dated this 24th day of March, 2010
MAY 2010 CITY OF IONA NEWSLETTER
Town Meeting Update. Our apologies. There was a problem with the printer for our
water statements and the newsletter was delayed, subsequently the announcement for the
town meeting was late. As it stands, the City will not mandate trash pick up, but rather
has put out a request for proposal to contract with one trash company for pick-up, and if
you choose to subscribe to curbside trash collection, you would go with the contracted
company. This is a concerted effort to help reduce the impact of four different trash
company's wear and tear on the City streets, designate one day for trash pick-up, and
pass the cost savings on to you. If the City does not receive a proposal that does not have
the residents best interests at heart, the city will not enter into a contract with any
company and it will be business as usual. In the event the City does receive an acceptable
proposal, the City will hold a public hearing regarding the subject.
Iona Elementary News Friday, May 7th from 5:00 pm until 7:30 pm Iona Elementary
will be holding a Spring Carnival. Everyone in the community is welcome to attend.
Tickets will be available at the door for 4/$1.00. We will have a variety of food, games,
and prizes!
Tuesday, May 18th District #93 will be holding a school election for a plant facility levy.
To vote in Idaho school elections, a person must be eighteen years of age or older, must
reside within the boundaries of Bonneville Joint School District No. 93, be a registered
voter and a citizen of the United States. You may cast your vote from 12 noon until 8
pm.
NOTICE OF ADOPTED ORDINANCES
The following ordinance has been adopted by the Mayor and City Council and is
presented in summary; full text of said ordinance is available for viewing at the City
Clerk's office;
Ordinance Number 148-01-10 an ordinance of the city of Iona, Idaho; amending
section 11-4-2 of the Iona city code adopting a new section providing for the keeping
of domestic hens; one (1) animal unit per one-third (1/3) acre or greater shall be
allowed one (1) animal unit shall represent ten (10) domestic hens.
The following ordinance has been adopted by the Mayor and City Council and is
presented in summary; full text of said ordinance is available for viewing at the City
Clerk's office;
Ordinance Number 149-02-10 an ordinance of the city of Iona, Idaho; amending
sections 5-4-3, 5-4-4, 5-4-5, 5-4-6, 5-4-7, 5-4-10, 5-4-14, 5-4-15, and 5-4-16 of the
Iona city code, relating to dog control. License fees for all dogs shall be $5.00 and
shall expire on December 31 of the second full calendar year after the date the license
was issued. Alternatively, any owner may purchase a "lifetime" license the fee shall
be $15.00 per animal. Each homeowner is allowed two (2) dogs per property; up to
four dogs will be allowable with the purchase of a non-commercial kennel license.
The entire code is now infraction based and incidences that involve dog control or
public nuisance concerning dogs are punishable by law.
STATE OF IDAHO
AFFIDAVIT OF PUBLICATION
S.S.
COUNTY OF BONNEVILLE
Brad D. Andersen, being first duly sworn, deposes and says as follows:
1. That I am Mayor of the City of Iona, Idaho. That on the 3rd day of May,
2010, a copy of the document attached hereto as Exhibit "A", was sent to
the residents of the City of Iona by First Class Mail.
2. That the cost of mailing, including preparation, materials, and postage, is
less than the cost of other publication required by law, in particular,
publication in a local newspaper.
3. This Affidavit is made in pursuance of Idaho Code 60-109 A.
DATED this f a- day of
, 2010.
Brad D. Andersen, Mayor
SUBSCRIBED and SWORN to before me this 402 day of aigrOit,
2010.
0101,11111/111101.,
Notry Pudic for Se State of Idaho
'un
A� �":' Residing at ��e�ilCe C�"`"'"`-�44
L �pTAR Y -, My commission expires az" ,,9-v/ y
_
aw
7.11 P BOCj '