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Home My Public Portal AboutORD 237-12-19_Amending Animal Control Code_12182019 237-12-19 ORDINANCE NO. AN ORDINANCE OF THE CITY OF IONA, IDAHO; AMENDING SECTION 5-4-1 OF THE IONA CITY CODE; ADDING DEFINITIONS OF VARIOUS TERMS; AMENDING SECTION 5-4-6 OF THE IONA CITY CODE; REVISING REQUIREMENTS RELATING TO THE IMPOUNDING OF DOGS; PROVIDING FOR METHODOLOGY; REPEALING AND REENACTING SECTION 5-3-12 OF THE IONA CITY CODE; REVISING REQUIREMENTS RELATING TO THE IMPOUNDING OF ANIMALS; REENACTING SECTION 5-3-7 OF THE IONA CITY CODE; ADDING DEFINITION OF VARIOUS TERMS; PRESERVING PRIOR ORDINANCES IN EACH INSTANCE; PROVIDING FOR SEVERABILITY; AND ESTABLISHING AN EFFECTIVE DATE. BE IT ORDAINED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF IONA, IDAHO THAT: Section 1. Amendment of Section 5-4-1 of the lona City Code. Section 54-1 of the Iona City Code is amended as follows: 5-4-I: DEFINITIONS. Certain terms used in this chapter shall have the meaning ascribed below: ANIMAL CONTROL Any person operating an Animal Control SERVICES MANAGER: Shelter on behalf of the City, or his or her authorized agent. ANIMAL CONTROL Any animal shelter, lot, premises or SHELTER: building maintained or hired by the City to confine or care for animals. DOG: A dog of an age three months or older. DOG KENNEL: Any place where more than two (2) dogs are kept. IDENTIFIED: The placement of the current name. street address, and telephone number of the owner on the dog by either(i) a collar and tag or(ii)a microchip. NOTIFIED: Notification of the owner of a dog by either (i) actual notice, whether oral. electronic, written, or otherwise (effective as of the date actual notice is provided): or f ii)written notice, sent by first class mail, Instrument U 1629438 Bonneville County Idaho Falls, Idaho 01/03/2020corded 1CITY OF1 AM No. of Pages: B l �� / Recorded for CITY OF IONR (_/A/"— Penn fiamina rds 50.00 Index to: ORDINANCE postage prepaid (effective two days after being sent through the mail). OWNER: Any person owning, keeping,or harboring a dog. RUNNING AT LARGE: Any condition where a dog is not under the physical control of a person, either by leash, cord or chain or confined within a structure or fenced yard. UNIDENTIFIED DOG: Any dog name. stfeet ress, anal--telephone hat is not identified. VICIOUS DOG: Any dog that has a known propensity to attack or bite human beings or other animals. Any dog that has bitten two (2) or more persons or one person on two (2) or more separate occasions, in a manner causing harm or injury to the person or persons,shall be conclusively presumed to be vicious. Section 2. Amendment of Section 5-4-6 of the Iona City Code. Section 54-6 of the lona City Code is 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) Unidentified Dogs. All unidentified dogs impounded within the Animal Control Shelter shall be retained for a minimum of three(3) business days after its delivery to the Animal Control Shelter. At any time during this period,the owner of such dog may redeem it by paying ante.impound fee plus-a_boarding-fee-asset forth in this ChapteFSection. (B) Identified Dogs. All impounded dogs which are identified with a tag or microchip or whose owner is known by the Animal Control Services Manager shall be retained in the Animal Control Shelter for a minimum period of five (5)business days after the owner is notified in-writingof the impoundment..which shall occur aAs soon as reasonably possible following impoundment of such do , . The Animal Control Services Manager shall keep a record of the date,time,and manner each owner is notifiedef giving-notice, with respect to each impounded dog. At any time during such five (5) business day period the owner may redeem the dog by paying anthe impound fee set forth in this ection. T e five "' day period-sue (C) Unneutered Dogs. An unneutered dog that has been impounded at the Animal Control Shelter on two (2) previous occasions during the previous one (1) year period shall be required to be spayed or neutered prior to the owner redeeming the animal. The owner of such dog shall be required to pay the Animal Control Shelter its reasonable charge for the way or neuter, in addition to the impound fe (D) Unclaimed Dogs. The ownership of any dog not redeemed within the periods of time herein stated shall be abandoned and forfeited and the dog may be sold thereafter by the Animal Control Services Manager to any person or may be humanely destroyed. (E) Identification. No unidentified dog shall be released from the Animal Control Shelter unless either (i) a collar and name tag has been affixed to the dog, which name tag shall bear the current name, street address,and telephone number of the owner of the animalm {ii)a microchip has been implanted in the dog,on which is encoded the current name.street address. and telephone number of the owner of the animal. The owner of such dog shall be required to nay the Animal Control Shelter its reasonable charge for the identification goods and services, in addition to the impound fee. (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-Bearding Fees. No animal impounded at the Animal Control Shelter shall be released to the owner unless the owner pays an impound fee in the amount of-thirty dollars($30.99)determined by the resolution of the Councilareardiet fee-in-an Section 3. Methodology. 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 or Code Section to another location is similarly shown as underlined text, being stricken through in its prior position. Section 4. Repeal of Section 5-3-12 of the Iona City Code. Section 5-3-12 of the Iona City Code of the City of Iona, Idaho, is hereby repealed. Section 5. Reenactment of Section 5-3-12 of the Iona City Code. Section 5-3-12 of the Iona City Code of the City of Iona, Idaho, is reenacted as follows: 5-3-12: IMPOUNDING OF ANIMALS. All animals 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 animals shall be as follows: (A) Unidentified Animals. All unidentified animals impounded within the Animal Control Shelter shall be retained for a minimum of three (3) business days after its delivery to the Animal Control Shelter. At any time during this period, the owner of such animal may redeem it by paying the impound fee set forth in this Section. (B) Identified Animals. All impounded animals which are identified with a tag or microchip or whose owner is known by the Animal Control Services Manager shall be retained in the Animal Control Shelter for a minimum period of five (5) business days after the owner is notified of the impoundment, which shall occur as soon as reasonably possible following impoundment of such animal. The Animal Control Services Manager shall keep a record of the date, time, and manner each owner is notified, with respect to each impounded animal. At any time during such five(5)business day period the owner may redeem the animal by paying the impound fee set forth in this Section. (C) Unneutered Cats. An unneutered cat that has been impounded at the Animal Control Shelter on two (2) previous occasions during the previous one (I) year period shall be required to be spayed or neutered prior to the owner redeeming the animal. The owner of such cat shall be required to pay the Animal Control Shelter its reasonable charge for the spay or neuter, in addition to the impound fee. (D) Unclaimed Animals. The ownership of any animal not redeemed within the periods of time herein stated shall be abandoned and forfeited and the animal may be sold thereafter by the Animal Control Services Manager to any person or may be humanely destroyed. (E) Identification. No unidentified cat shall be released from the Animal Control Shelter unless such cat has been identified. The owner of such cat shall be required to pay the Animal Control Shelter its reasonable charge for the identification goods and services, in addition to the impound fee. (F) Disposal of Animals. If any animal is not redeemed or sold,the animal may be humanely destroyed,and the carcass disposed of in any lawful manner. (G) Impound Fee. No animal impounded at the Animal Control Shelter shall be released to the owner unless the owner pays an impound fee in the amount determined by the resolution of the Council. Section 6. Reenactment of Section 5-3-7 of the Iona City Code. Section 5-3-7 of the lona City Code of the City of Iona, Idaho, is reenacted as follows: 5-3-7: DEFINITIONS. Certain terms used in this chapter shall have the meaning ascribed below: ANIMAL CONTROL As defined in Section 5-4-I of this City SERVICES MANAGER: Code. ANIMAL CONTROL As defined in Section 5-4-1 of this City SHELTER: Code. IDENTIFIED: The placement of the current name, street address, and telephone number of the owner on the animal by either (i) a collar and tag or(ii)a microchip. NOTIFIED: Notification of the owner of an animal by either (i) actual notice, whether oral, electronic, written, or otherwise (effective as of the date actual notice is provided);or (ii)written notice, sent by first class mail, postage prepaid (effective two days after being sent through the mail). OWNER: Any person owning, keeping,or harboring an animal. RUNNING AT LARGE: Any condition where an animal is not under the physical control of a person, either by leash, cord or chain or confined within a structure or fenced yard. UNIDENTIFIED ANIMAL: Any animal that is not identified. Section 7. Preservation of Prior Ordinance. The sections of the Iona City Code repealed by this Ordinance shall be preserved to the extent necessary to allow the arrest, prosecution,punishment,and indebtedness of any person who violates such provisions prior to the effective date hereof. Section 8. Severability. The sections and subsections of this Ordinance are severable. The invalidity of any section or subsection shall not affect the validity of the remaining sections or subsections. Section 9. Effective Date. This Ordinance shall become effective upon its passage, execution and publication in the manner provided by law. PASSED BY THE COUNCIL AND APPROVED BY THE MAYOR this Al day of eC ,20I9. Dan Gubler Mayor ATTEST: ,10/1 Keri West City Clerk • 4k :M. rrr • SWE OF;IDAHO ) )ss. County of Bonneville ) I, KER1 WEST, 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 SECTION 5-4-1 OF THE IONA CITY CODE;ADDING DEFINITIONS OF VARIOUS TERMS;AMENDING SECTION 5-4-6 OF THE IONA CITY CODE; REVISING REQUIREMENTS RELATING TO THE IMPOUNDING OF DOGS; PROVIDING FOR METHODOLOGY; REPEALING AND REENACTING SECTION 5-3-12 OF THE IONA CITY CODE; REVISING REQUIREMENTS RELATING TO THE IMPOUNDING OF ANIMALS; REENACTING SECTION 5-3-7 OF THE IONA CITY CODE; ADDING DEFINITION OF VARIOUS TERMS; PRESERVING PRIOR ORDINANCES IN EACH INSTANCE; PROVIDING FOR SEVERABILITY; AND ESTABLISHING AN EFFECTIVE DATE." se" )a_ Ken West City Clerk G:IWPDATAIDARI I Pending12708.2020 City of kna\ORDINANCES1Dog Impound Fees ORD v0l.deux