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HomeMy Public PortalAboutOrd. 901 - Animal Control ORDINANCE NUMBER 901 AN ORDINANCE OF THE CITY OF McCALL, VALLEY COUNTY, IDAHO, AMENDING TITLE 5 OF CHAPTER 7 OF THE McCALL CITY CODE “ANIMAL CONTROL” TO PROVIDE FOR THE FOLLOWING SECTIONS: 5.7.010 DEFINITIONS; 5.7.020 ADMINISTRATION; 5.7.030 CITY POUND; 5.7.040 LICENSE FEE AND DOGS; SPECIAL PROVISIONS; 5.7.050 CRUELTY TO ANIMALS AND FAILURE TO PROVIDE CARE; 5.7.060 COMMANDING A DOG TO ATTACK; PROHIBITED; 5.7.070 INTERFERENCE UNLAWFUL; 5.7.080 PENALTIES; 5.7.090 DOGS IN HEAT; 5.7.100 DOGS AT LARGE; 5.7.110 NUISANCE & THREATENING DOGS; 5.7.120 REGISTRATION OF FIERCE OR DANGEROUS DOGS; 5.7.130 IMPOUNDING AT LARGE, FIERCE OR DANGEROUS AND NUISANCE DOGS; 5.7.140 REDEMPTION AND/OR DISPOSITION OF IMPOUNDED DOGS; 5.7.150 KENNEL LICENSING; 5.7.160 RABIES VACCINATION, RABIES, DISEASES AND QUARANTINE; 5.7.170 UNSTERILIZEDCANINES 5.7.180 CANINE WASTE; 5.7.190 CONTROL OF FIERCE OR DANGEROUS DOGS; 5.7.200 PURPOSE OR INTENT; HARBORING; 5.7.210 EUTHANASIA OF DISEASED DOGS, OFFENDING FIERCE, DANGEROUS OR POTENTIALLY DANGEROUS DOGS; 5.7.220 DETERMINATION OF FIERCE OR DANGEROUS DOGS; APPEAL; 5.7.230 EXEMPTIONS; 5.7.240 PENALTIES FOR VIOLATION; FIERCE AND DANGEROUS DOGS; 5.7.250 UNIFORM SUMMONS; PROSECUTION; FINE SCHEDULE; 5.7.260 LIABILITY OF PARENTS/GUARDIANS; 5.7.270 DRIVING OR RIDING ANIMALS; 5.7.280 FEES; IMPOUNDING; 5.7.290 TRAPS; AND 5.7.300 RECORDS; AND TO PROVIDE AN EFFECTIVE DATE. WHEREAS, a previous repeal and reenactment of a portion of the McCall City Code removed certain sections of the code regarding animal control but did not replace those sections with new provisions; and WHEREAS, an effective animal control code is necessary to promote the health, safety and welfare of the citizens of McCall, its visitors, and animals; and WHEREAS, this ordinance provides the City of McCall the ability to effectively regulate certain animals within the city; and WHEREAS, enactment of this ordinance will safeguard persons and property in McCall. NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF McCALL, IDAHO; Section 1: That Title 5 of Chapter 7 of the McCall City Code, be, and the same is hereby amended, and shall read as follows, to-wit: Page 1 of 18 Ordinance 901 Animal Control June 29, 2012 CHAPTER 7 ANIMAL CONTROL SECTION: 5.7.010: DEFINITIONS 5.7.020: ADMINISTRATION 5.7.030: CITY POUND 5.7.040: LICENSE FEE AND DOGS; SPECIAL PROVISIONS 5.7.050: CRUELTY TO ANIMALS AND FAILURE TO PROVIDE CARE 5.7.060: COMMANDING A DOG TO ATTACK; PROHIBITED 5.7.070: INTERFERENCE UNLAWFUL 5.7.080: PENALTIES 5.7.090 DOGS IN HEAT 5.7.100: DOGS AT LARGE 5.7.110: NUISANCE & THREATENING DOGS 5.7.120: REGISTRATION OF FIERCE OR DANGEROUS DOGS 5.7.130: IMPOUNDING AT LARGE, FIERCE OR DANGEROUS AND NUISANCE DOGS 5.7.140: REDEMPTION AND/OR DISPOSITION OF IMPOUNDED DOGS 5.7.150: KENNEL LICENSING 5.7.160: RABIES VACCINATION, RABIES, DISEASES AND QUARANTINE 5.7.170: UNSTERILIZED CANINES 5.7.180: CANINE WASTE 5.7.190: CONTROL OF FIERCE OR DANGEROUS DOGS 5.7.200: PURPOSE OR INTENT; HARBORING 5.7.210: EUTHANASIA OF DISEASED DOGS, OFFENDING FIERCE, DANGEROUS OR POTENTIALLY DANGEROUS DOGS 5.7.220: DETERMINATION OF FIERCE OR DANGEROUS DOGS; APPEAL 5.7.230: EXEMPTIONS 5.7.240: PENALTIES FOR VIOLATION; FIERCE AND DANGEROUS DOGS 5.7.250: UNIFORM SUMMONS; PROSECUTION; FINE SCHEDULE 5.7.260: LIABILITY OF PARENTS/GUARDIANS 5.7.270: DRIVING OR RIDING ANIMALS 5.7.280: FEES; IMPOUNDING 5.7.290: TRAPS 5.7.300: RECORDS 5.7.010: DEFINITIONS: As used in this chapter, each of the terms defined has the meaning given in this section unless a different meaning is clearly required by the context. The word "shall" is mandatory, not directory. Page 2 of 18 Ordinance 901 Animal Control June 29, 2012 ABUSE: Any case in which an animal has been the victim of intentional or negligent conduct resulting in the animal's bruising, bleeding, malnutrition, dehydration, burns, fractures or breaks of any bones, subdural hematoma, soft tissue swelling, prolonged exposure to the weather elements to the detriment of the animal’s health, or death. ANIMAL: Any organism, other than human being, needing food to maintain and sustain its life and which generally has mobility and a developed central nervous system. AT LARGE: Off the premise of the owner and not under the control of the owner or person having control or custody either by leash, cord or chain. BITTEN: Seized, pierced, or cut with the teeth or with the jaws, other than when done by a canine puppy less than four (4) months old, in play; and “seized” in this regard means with sufficient force to scratch or bruise, or to pierce, cut or tear clothing. DEPARTMENT: The McCall Police Department. DOG: Either a male or a female member of the biological family Canidae, including Canis Familiaris, and including also any other member of that family at any time owned, possessed or harbored, whether neutered or spayed. DOMESTIC ANIMAL: An animal of a species of vertebrates that has been domesticated by humans so as to live and breed in a tame condition and depend on humankind for survival. ENCLOSURE: A fence or structure of at least six (6) feet in height, forming or causing containment suitable to prevent the unauthorized entry of a person and suitable to confine an animal in conjunction with other measures which may be taken by the owner, such as tethering of the animal. Such enclosure shall be securely enclosed and locked and designed with secure sides, top and bottom and shall be designed to prevent the animal from escaping. FIERCE OR DANGEROUS DOG: A dog (other than a dog belonging to a law enforcement agency and acting pursuant to direction of its law enforcement handler) as described below: A.“Fierce.” Any dog which bites, inflicts injury, assaults or otherwise attacks a human being or domestic animal without provocation; for purposes of this definition, it is not justification that the human being when bitten was interfering with the dog’s attack upon another human being or animal, or has menaced a human being which human being was not on the property of the dog’s owner ; B.“Dangerous Dog.” A dog, which was previously declared a “threatening dog” and has displayed repeated violations of potentially dangerous behaviors including, but not limited to, a known propensity, tendency or disposition to attack unprovoked, to cause injury or to otherwise endanger the safety of human beings or domestic animal without provocation. Page 3 of 18 Ordinance 901 Animal Control June 29, 2012 Notwithstanding the definition of "Fierce or Dangerous Dog" above, no dog may be declared fierce or dangerous if an injury or damage is sustained by a person who, at the time such injury or damage was sustained, was committing a willful trespass or other tort upon the premises occupied by the owner of the dog, or was teasing, tormenting, abusing or assaulting the dog or was committing or attempting to commit a crime. No dog may be declared fierce or dangerous if the dog was protecting or defending a human being within the immediate vicinity of the dog from an unjustified battery or assault. IMPOUNDED: Taken into the custody of the Department’s City Pound. MENACE: The threat of harm, confinement or personal injury of a human by an animal. MISUSE: The intentional causing of an animal to perform a non-customary task, which could be dangerous or harmful to the animal. NUISANCE DOG: A dog which barks or creates noise in an excessive, continuous or untimely manner, molests passersby, chases vehicles, habitually attacks other domestic animals, or trespasses upon public or private property in such a manner as to damage the property. OWNER: Any person owning, possessing, harboring, caring for or having any custodial duties over any dog in his or her control within the City. “Own” means owning, possessing, harboring, caring for, or having in his or her custodial control. PRIVATE PROPERTY OPEN TO ENFORCEMENT: Includes private property open to the public; condominium or Planned Unit Development (PUD) common area; condominium limited common area which is not reserved for the use of the owner; the common use areas of a mobile home park, or travel trailer court or park; and any other premises with respect to which a person with a right of possession superior to the owner’s has invited the Department to attend to a matter involving an owner’s dog. RESIDENT: An individual who has their primary residence within the McCall City limits. THREATENING DOG: A dog, while at large found to menace, chase, display aggressive behavior, or require defensive action by any person to prevent or discourage bodily injury; any dog which unprovoked, has killed, inflicted injury or otherwise caused injury by attacking another domestic animal off the property of the owner or keeper of the dog or upon streets, sidewalks or public grounds. Growling or barking or both together are not grounds upon which a dog can be found to be threatening. 5.7.020: ADMINISTRATION: Administration and enforcement of this Chapter shall be performed by the Police Department. Being an owner in the City, or purchasing a license authorized by this Chapter, or both, constitutes consent to the provisions of this Chapter. This Chapter is enacted in the interests of public health, public safety, and the preservation of the public peace. Page 4 of 18 Ordinance 901 Animal Control June 29, 2012 5.7.030: CITY POUND: The Department may maintain and operate a City Pound for the keeping and disposing of any dog impounded according to the provisions of this Chapter. This section may be satisfied by contracting with an approved service provider. 5.7.040: LICENSE FEE AND DOGS; SPECIAL PROVISIONS: A. License; Application; Fees: No resident shall own a dog older than four (4) months of age within the City without paying a license fee for such dog. The owner or person having charge of any dog within the City shall make application to the Department and pay a license fee according the schedule adopted by the City. The license fee schedule shall be fixed for each category from time to time by resolution of the City Council. Licenses may be purchased or renewed for the period of either one or two years. No license fee shall be paid for less than one year, and the license fees shall be paid to the Department. All licenses shall be issued by the Department. License fees are due on or before January 15 of each renewal period, or within ten (10) days after the owner acquired the dog, whichever occurs later. Failure to license in accordance with the provisions of the Chapter shall be an infraction. The owner of a dog to be licensed shall present to the Department, at the time of payment of the license fee for such dog, a certificate from a veterinarian that such dog has been currently vaccinated for rabies. The owner shall also present to the Department at that time proof that the dog has been spayed or neutered or a certificate of a licensed veterinarian that such dog has been spayed or neutered, if such status is claimed. No dog will be licensed as spayed or neutered without proof that such surgery was performed. No dog will be licensed without proof that it has been vaccinated for rabies. 1.Upon receipt of such application and payment of fees, the Department shall furnish with each receipt a metal license tag stamped with the number to correspond with the number of the receipt for which issued. The Department shall keep a suitable record of the receipts issued under the provisions of this Chapter. 2.License fees shall be waived for any service dog that has been properly trained for the purpose of and is used to guide a blind or partially blind person, a person with impaired hearing, or any other severely disabled person who requires a service dog. B.Imitation License Tags, False Representation: No owner shall make a false representation as to the time during the license year when a dog under that owner’s control was brought into the City, nor shall an owner suffer or cause a number and collar to be put or kept on any dog with intent to avoid payment of a license fee. It is unlawful for any person to allow any dog owned, kept, harbored, possessed, caring for or having custodial duties by him/her to wear a license tag received on account of a former licensee or to wear any imitation of the license tag issued for any year; to do so shall be a misdemeanor. Page 5 of 18 Ordinance 901 Animal Control June 29, 2012 C.Collar, Tag: The owner, at the owner’s expense, shall attach the metal license tag to a collar kept upon the neck of the dog so licensed, and every dog shall at all times wear a substantial, durable collar, to which is securely attached the required license tag. Violation of this section is an infraction. 5.7.050: CRUELTY TO ANIMALS AND FAILURE TO PROVIDE CARE: It is the duty of any member of the Department to take possession of any animal for which he/she has probable cause to believe falls under Idaho Code Title 25, Chapter 35 Cruelty to Animals, and deliver such animal to the City Pound or other appropriate facility as designated by the Chief of Police. All costs incurred for the maintenance of such animal will be paid by the person charged with the offense. A.The Department may declare an animal abandoned if the animal’s owner or keeper has left the animal intentionally without care or immediate control for more than twenty-four (24) hours. This time may be shortened at the discretion of the Department depending on conditions of the animal, its surroundings and the weather. The Department must make a reasonable effort to contact the owner of the animal before the animal may be declared abandoned. Abandonment of an animal may constitute cruelty under this ordinance based upon the observations of any person or the Department. B.Tethering. An owner shall not tether a dog or confine an animal in such a manner that it can become entangled so that it cannot move freely, cannot reach shelter, water or food, or such that it can become entangled with another animal. The area where the dog is tethered or confined must be free of extraneous material which may cause injury, such as but not limited to glass, sharp metal, nails, etc. A dog tether must be a minimum length of three times the length of the dog measured from the tip of its nose to the base of the tail. Violation of this section may constitute cruelty to animals. C.Care. It shall be unlawful for any owner to fail to provide a dog with sufficient good and wholesome food and water, proper shelter and protection, and veterinary care, when needed, to prevent suffering and humane care and treatment. The Department may impound such a dog for its protection; disposition shall be as provided for in 5.7.140 below. 5.7.060: COMMANDING AN ANIMAL TO ATTACK; PROHIBITED: Except where great bodily harm or death is likely to immediately ensue, it is unlawful for any person, other than law enforcement personnel, to command, encourage or aid by word or conduct, any animal to bite, chase, attack, or attempt to bite, chase or attack another person or animal. 5.7.070: INTERFERENCE UNLAWFUL: It shall be unlawful for any person to hinder, molest or in any way interfere with any person who is lawfully engaged in the performance of his or her duties that may be engaged in seizing, Page 6 of 18 Ordinance 901 Animal Control June 29, 2012 keeping or removing any animal, or who is lawfully engaged in killing the same or removing the carcass in conformity with the provisions of this Chapter. 5.7.080: PENALTIES: A violation of the provisions of this chapter not otherwise classified in the relevant section is a misdemeanor and is punishable per Idaho State Code 18-113. 5.7.090: DOGS IN HEAT: It shall be unlawful for the owner, or any person acting as a keeper, possessor, caring for or having custodial duties over a female canine in an estrus state (in heat), to negligently fail, neglect, or refuse to confine such dog indoors in a type of kennel preventing nuisance or undesired fertilization by male canines unless restrained by the owner or possessor and under the immediate control of the owner or possessor. Violations of the provisions of this section shall be an infraction. 5.7.100: DOGS AT LARGE: No owner shall suffer a dog owned, possessed or harbored by that owner, or in that owner’s control, to be found at large upon the streets or alleys of the City, or in any other place open to the public in the City, or upon private property of any person without the consent of the owner, except under the following conditions; A.When such dog is attached to and controlled by a leash; B.Such dog is confined in a motor vehicle; C.When written permission is obtained in advance from the Department to have a dog or dogs at large. The City Council may designate such areas of a public park or other public grounds of the City which may be used, subject to the rules and regulations as may be prescribed, for the training or exercise of dogs. Dogs within such areas 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. The Department may enter upon private property for the purposes of enforcement of this code. Violations of the provisions of this section shall be an infraction. Violation of the provisions of this section shall be a misdemeanor if, while at large and unprovoked, a dog kills or wounds, or assists in killing or wounding any livestock or other domestic animal belonging to or in possession of any person, or, attacks, assaults, bites or Page 7 of 18 Ordinance 901 Animal Control June 29, 2012 otherwise injures any human being or assists in attacking, assaulting, biting or otherwise injuring any human. 5.7.110: NUISANCE AND THREATENING: It is unlawful for any owner to fail to exercise proper care and control of his or her dog to prevent it from becoming a public nuisance or threatening. A.Every owner shall be guilty of allowing a dog to become a nuisance when the following is allowed: 1. Excessive, continuous or untimely barking, or noise; 2. Molesting passersby or chasing vehicles; 3.Habitually attacking other domestic animals; and 4.Trespassing upon public or private property in such a manner as to damage the property. B.Every owner shall be guilty of allowing a dog to be threatening when, while at large, the dog is found to menace, chase, display aggressive behavior, or require defensive action by any person to prevent or discourage bodily injury; any dog, which if unprovoked, has killed, inflicted injury or otherwise caused injury by attacking another domestic animal off the property of the owner or keeper of the dog or upon streets, sidewalks or public grounds, is considered a threatening dog. Growling or barking or both together are not grounds alone upon which a dog can be found to be threatening. 5.7.120: REGISTRATION OF FIERCE OR DANGEROUS DOGS: A.A fierce or dangerous dog shall only be licensed if the owner or keeper of such fierce or dangerous dog meets the following requirements: 1.The owner shall display a sign on his or her premises warning there is a fierce or dangerous dog on the premises. Said sign shall be visible and capable of being read from the public highway. For the purposes of this chapter the sign shall be constructed of wood, metal or other similar weatherproof material, at least twenty four inches by twenty four inches (24" x 24") in size, with letters in indelible or fluorescent ink with the words in clear, capital letters in at least 72 font size as follows: "DANGEROUS DOG ON PREMISES", "DANGEROUS DOG ON PROPERTY", or words of similar meaning; and shall be posted at all visible entryways onto the owner's property, or where dog is lodged. Page 8 of 18 Ordinance 901 Animal Control June 29, 2012 2.The owner shall sign a statement attesting that: a.The owner shall, on or prior to the effective date of such license for which application is being made, have an enclosure for the fierce or dangerous dog on the property where the fierce or dangerous dog will be kept or maintained. The enclosure shall conform to the guidelines in 5.7.220(D)1 of this chapter, applicable homeowner association bylaws and City of McCall Zoning regulations. b.The owner shall immediately notify the Department if a fierce or dangerous dog is on the loose, is unconfined, has attacked another animal or has attacked a human being. The owner shall notify the Department within seventy-two (72) hours if said dog dies or is sold or given away. If the fierce or dangerous dog has been sold or given away the owner shall also provide the Department with the name, address and telephone number of the new owner of the fierce or dangerous dog. If the owner of a fierce or dangerous dog changes addresses, the owner shall notify the Department within seventy-two (72) hours with his/her current address. B.Compliance: The Department is empowered to make whatever inquiry is deemed necessary to ensure compliance with the provisions of this section, and to seize and impound any fierce or dangerous dog whose owner fails to comply with the provisions hereof. 5.7.130: IMPOUNDING AT LARGE, FIERCE OR DANGEROUS, AND NUISANCE DOGS: All dogs found running at large, all fierce or dangerous dogs, and all nuisance dogs, are hereby declared to be a public nuisance and are subject to being taken up and impounded by the Department. Every dog so impounded shall be retained in the City Pound for a period up to five (5) days unless the owner places such dog in quarantine with a licensed veterinarian as provided for in 5.7.160 and only released as provided in 5.7.140. 5.7.140: REDEMPTION AND/OR DISPOSITION OF IMPOUNDED DOGS: Any dog impounded because it was found running at large may be redeemed by the owner or claimant prior to the sale or euthanasia of such animal by paying all charges against the same. If the owner or representative of the owner of any dog impounded fails to pay the required fees within forty eight (48) hours after actual notice to the owner or the representative of the owner, or within five (5) days after reasonable and diligent effort to notify the owner or representative owner, the City Pound may dispose of the dog either through adoption, provided the new owner pays the required fees, or through euthanasia. The owner of a dog, other than a fierce or dangerous dog, may redeem the same by paying an impoundment fee, together with a sum per day for the board and care of such dog. The owner of any dog impounded may recover possession of such dog upon payment of all required fees unless the dog is impounded as a fierce or dangerous dog. In order to redeem an Page 9 of 18 Ordinance 901 Animal Control June 29, 2012 impounded fierce or dangerous dog, the owner shall comply with the following criteria within ten (10) days. A.Proof of current rabies vaccination and B.Proof the owner has complied with 5.7.120(A) (registration and licensing) is provided to the Department. Should the owner of a fierce or dangerous dog fail to meet the above criteria the City Pound may dispose of the dog either through adoption, provided the new owner pays the required fees, or through euthanasia. 5.7.150: KENNEL LICENSING: The owner at any one time of four (4) or more dogs over four (4) months of age residing within the City of McCall is required to be licensed under the provisions of this chapter and regulations, and shall, in addition to the license fees provided in this chapter, pay a kennel license fee. A.Kennel License: It is unlawful to keep, maintain or possess upon the premises of any one dwelling more than four (4) dogs over the age of four (4) months, unless the owner or person in charge thereof obtains a kennel license and any conditional use permit pursuant to Idaho Code Title 67, Chapter 65 and the City of McCall, Idaho, Title 3, Zoning Ordinance. If a kennel license is issued, the holder shall pay to the Department an annual license fee established by City Council resolution. Such kennel license shall only be permitted and issued in accordance with the terms and provisions of said ordinance and as hereinafter noted. 1.Conditions: The following conditions shall be made part of any conditional use permit issued by the City under present zoning laws if a dog is kept for breeding purposes. The owner of the dog shall be required to obtain an unsterilized canine license from the Department to possess a dog that is not spayed or neutered. The permit shall be issued or renewed only if the Department determines that the following conditions have been met: a.The dog is vaccinated for rabies and other common diseases such as distemper, adenovirus type 2, parainfluenza, and parvovirus; b.The dog is housed properly, providing that the property may be inspected by the Department to determine if the dog’s habitation and living conditions are safe, healthy and do not present a nuisance. 5.7.160: RABIES VACCINATION, RABIES, DISEASES AND QUARANTINE: It is unlawful to keep or harbor any dog over the age of four (4) months in the City without that dog having been vaccinated against rabies under the direction of a licensed veterinarian. A dog more than three (3) months of age that is acquired or moved into the City must be vaccinated within thirty (30) days of purchase or arrival, unless there is documented evidence of current Page 10 of 18 Ordinance 901 Animal Control June 29, 2012 vaccination in another jurisdiction. No license shall be issued for any dog unless the owner shall present to the Department at the time of payment of the license fee for such dog a certificate of a veterinarian that such dog has been currently vaccinated for rabies. A.Rabies Affliction: It is unlawful for a person other than a veterinarian, or the City Pound, to own, keep or harbor any dog afflicted with rabies. B.Securing Disposition Of Rabies Infected Dog: The Department shall euthanize any rabies infected dog at the owner’s expense. C.Quarantine, Surrendering Of Dog: 1.It is the duty of every owner of an unvaccinated dog showing symptoms of rabies, or which has bitten any person causing an abrasion of the skin, to surrender the dog for confinement and isolation at the City Pound or to a licensed veterinarian for a period not to exceed ten (10) days. If such dog is not a fierce or dangerous dog and a licensed veterinarian has determined the dog free of rabies, it shall be returned to the owner upon payment of the regular fee for keeping such dog impounded. If such fee is not paid the dog shall be subject to disposal as provided in this chapter. 2.If the Department is notified of an unvaccinated dog which has bitten any person or caused an abrasion of the skin, the Department shall confine and isolate such dog at the City Pound or at a licensed veterinarian for a period not to exceed ten (10) days at the expense of the dog owner. An unvaccinated, impounded dog shall only be released from quarantine by a licensed veterinarian. D.Contagious Disease Dogs: Any dog which has a contagious disease shall not be shipped or removed from the premises of the owner of such dog, except under the supervision of the Department or a licensed veterinarian. 5.7.170 UNSTERILIZED CANINES It shall be unlawful to own, possess or keep in the City any dog over the age of four (4) months that has not been spayed or neutered, except as provided as follows: A.Statement of a Veterinarian: If a licensed veterinarian states in writing that a dog is unfit to undergo the required surgical procedure because of an extreme health condition of the dog. Such extreme health condition shall include, but not be limited to: severe cardiovascular compromise, bleeding disorder, respiratory disease and hepatic disease. The old age of a dog shall not, of itself, constitute an extreme health condition for purposes of this section; or B.Show Or Event: If a dog is temporarily in the City to participate in a show or event sponsored by a sanctioned dog organization; or Page 11 of 18 Ordinance 901 Animal Control June 29, 2012 C.Imported Or Visiting Dog: If a dog is owned, possessed or kept in the City for fewer than 30 days in a one year period; or D.Public Service Or Guide Dog: The canine is a public service dog or guide dog; or E.Kennel License: The owner or possessor has obtained a kennel license from the City of McCall; or F.Paid Fees: The owner or possessor of the dog has made payment of all necessary unaltered dog fees to the Department. 5.7.180 CANINE WASTE It shall be unlawful and a public nuisance for any person owning or having control or custody of any dog: A.To permit or allow the dog to defecate upon publicly owned property of the City or upon the private property of another person without the consent of the occupant or owner of that property unless the owner or the person having control or custody of the dog immediately removes the feces and properly disposes of it; B.To walk a dog on publicly owned property or upon the private property of a person without carrying at all times a suitable container or other suitable instrument for the removal and disposal of canine feces; or C.To fail to dispose of the container of the feces in a sanitary manner. Violations of the provisions of this section shall be an infraction. 5.7.190: CONTROL OF FIERCE OR DANGEROUS DOGS: A.All fierce or dangerous dogs shall be confined at all times in an enclosure. It is unlawful for any owner to maintain a fierce or dangerous dog upon any premises which does not have a locked enclosure. The use of a tether alone is not sufficient under this Ordinance. B.It is unlawful for any owner or keeper to allow any fierce or dangerous dog to be outside of a dwelling or enclosure, unless it is under the control of a person eighteen (18) years of age or older, or if necessary for the owner to obtain veterinary care for the fierce or dangerous dog, or to sell or give away the fierce or dangerous dog, or to comply with commands or directions of the Department with respect to the fierce or dangerous dog, or to comply with any other provisions of this chapter. In such event, the fierce or dangerous dog shall be securely muzzled and restrained with a chain having a minimum tensile strength of three hundred (300) pounds and not exceeding three feet (3') in length, and shall be under the direct control and supervision of the owner of the fierce or dangerous dog. No fierce or dangerous dog shall be kept on a porch, patio or in any part of a house or structure that would allow the dog to exit such building on its own volition. Page 12 of 18 Ordinance 901 Animal Control June 29, 2012 No fierce or dangerous dog will be kept in a home or building in which the only barriers to escape are windows or screen doors. The dog shall not be outside of the dwelling or enclosure for any purpose other than specified. A fierce or dangerous dog shall not be walked in public. 5.7.200: PURPOSE OR INTENT; HARBORING: No person shall own or harbor any animal for the purpose of animal fighting, or train, torment, badger, bait or use any animal for the purpose or causing or encouraging said animal to unprovoked attacks upon human beings or domestic animals. 5.7.210: EUTHANASIA OF DISEASED DOGS AND OFFENDING FIERCE OR DANGEROUS DOGS: If any dog which, unprovoked, kills or wounds, or assists in killing or wounding any sheep, lamb, cattle, horse, hog, swine, fowl or other domestic animal belonging to or in possession of any person, or, when unprovoked, attacks, assaults, bites or otherwise injures any human being or assists in attacking, assaulting, biting or otherwise injuring any human being while out of or within the enclosure of the owner or keeper of such fierce or dangerous dog, or while otherwise, on or off the property of the owner whether or not such fierce or dangerous dog was on a leash and securely muzzled or whether the fierce or dangerous dog escaped without fault of the owner or keeper, the owner or keeper of such dog shall be liable to the person aggrieved as aforesaid, for all damages sustained, to be recovered in a civil action, with cost of suit. It is reputably presumed as a matter of law that the owning, keeping or harboring of a fierce or dangerous dog in violation of this chapter is a nuisance. It shall not be necessary, in order to sustain any such action, to prove that the owner of such fierce or dangerous dog knew that such fierce or dangerous dog possessed the propensity to cause such damage or that the fierce or dangerous dog had a fierce or dangerous nature. Upon such attack or assault, the Department is empowered to confiscate and destroy such fierce or dangerous dog, after a five (5) day waiting period exclusive of Sundays and holidays, if the conduct of such fierce or dangerous dog or its owner constituted a violation of the provisions of the chapter, punishable by the confiscation and euthanasia of the dog. A.Any impounded or quarantined dog suffering from serious injury or disease may be humanely destroyed at the discretion of the Department, but must be so destroyed if a licensed veterinarian determines that the dog is afflicted with rabies or other fatal disease or injury. B.A police officer or sheriff’s deputy within the City may at any time kill a dog found running at large, when in the judgment of that officer: 1.Probable cause exists that the dog is a fierce or dangerous dog that has bitten a human being or is currently menacing a human being; and 2.It is not practicable to safely impound the dog. Page 13 of 18 Ordinance 901 Animal Control June 29, 2012 C.It shall be lawful for any person acting in good faith to kill such a dog in defense of a human being under circumstances that injury has already occurred and continued injury is threatened, or that clear and present danger of physical injury to that person exists; such a killing of a dog must be promptly reported to the Department. 5.7.220: DETERMINATION OF FIERCE OR DANGEROUS DOGS; APPEAL: In the event that the Department has probable cause to believe that a dog is a threat or may pose a threat of serious harm to human beings or other domestic animals, the Department may seize and impound the dog pending a hearing. The statements of a competent civilian witness may be used by the Department when determining probable cause. The owner of the dog shall be liable to the City Pound for the costs and expenses of impoundment of such dog. Further, the Chief of Police or his/her designee shall be empowered to conduct a hearing for the purpose of determining whether or not the dog in question should be declared fierce or dangerous. The Department shall conduct or cause to be conducted an investigation and notify the owner of the dog that a hearing will be held, at which time the owner may have the opportunity to present evidence why the dog should not be declared fierce or dangerous. The hearing shall be held no less than five (5) or more than ten (10) days after service of notice upon the owner of the dog. The hearing shall be informal and open to the public. After the hearing, the owner of the dog shall be notified in writing of the determination. A.If a determination is made that the dog is fierce or dangerous, the owner shall comply with the provisions of this chapter in accordance with a time schedule established by the Chief of Police or designee, but in no case more than fifteen (15) days subsequent to the date of the determination. If an owner or claimant fails to comply within the fifteen (15) days or file a timely appeal or petition not to euthanize, as set forth in this chapter, then the dog shall be euthanized. However, if an owner or claimant of the dog contests the determination, he/she may, within five (5) days of such determination, bring a petition in the Magistrate Court of the Fourth Judicial District praying that the court conduct its own hearing on whether or not the dog should be declared fierce or dangerous. After service of notice upon the Department the court shall conduct a hearing de novo and make its own determination as to fierce or dangerousness. The hearing shall be conducted within fourteen (14) days of the service of notice upon the dog owner or claimant by the Department. The dog shall remain impounded pending the appeal. The issue shall be decided upon the preponderance of the evidence. If the court rules the dog to be fierce or dangerous, the court may establish a time schedule to ensure compliance with this chapter, but in no case shall remedial action occur more than thirty (30) days subsequent to the date of the court's determination. The court may decide all issues for or against the owner of the dog regardless of the fact that said owner fails to appear at said hearing. The determination of the court shall be final and conclusive upon all parties. However, the Department shall have the right to declare a dog to be fierce or dangerous for any subsequent actions of the dog. Page 14 of 18 Ordinance 901 Animal Control June 29, 2012 B.If the owner of a dog impounded for an alleged violation of sections 5.7.120, 5.7.190 to 5.7.220, and 5.7.240 Penalties for Violation of this chapter, inclusive, believes that there was not a violation of such sections, such owner may petition the Magistrate Court of the Fourth Judicial District praying that the impounded dog not be euthanized. The impounded dog shall not be euthanized pending resolution of such owner's petition if the petition is filed within five (5) days of impoundment and notice is served within five (5) days of the impoundment upon the Department or keeper of the impounded dog. The hearing shall be conducted within fourteen (14) days from serving of notice. The dog shall remain impounded pending the appeal. If the court finds that there was not a violation of sections 5.7.120, 5.7.190 to 5.7.220 or 5.7.240 of this chapter, inclusive, such dog may be released to the custody of the owner upon payment to the City Pound of the expense of keeping such dog. The costs shall be paid in full to the City Pound. C.Should the prosecution of a violation of 5.7.120 result in a plea of guilty, withheld judgment or conviction, the dog in question shall be determined to be fierce or dangerous as of the time of such adjudication or the final adjudication upon any appeal from the same. D.In the event a dog is determined to be fierce or dangerous as provided in subsection (C) above, or if the owner does not dispute the matter, the dog shall be humanely destroyed after the final adjudication under prosecution, the completion of the administrative determination and any appeals, or the running of the time for the filing of a written request for hearing without any such request being filed, whichever is the chain of events, unless the owner within ten (10) days thereafter: 1.Conforms to the registration requirements of 5.7.120; and 2.Provides a secure enclosure in which the dog is kept at all times out of which enclosure the dog cannot escape and into which enclosure no unauthorized person can gain entrance, and through which enclosure no person can insert any part of its body; without limiting the generality of the foregoing, such enclosure must have a top and a bottom as well as sides, and the sides, top, and bottom must be securely and continuously connected; provided that such dog may also be within the owner’s dwelling, or outside that dwelling and enclosure when securely attached to a leash as provided in 5.7.190. 5.7.230: EXEMPTIONS: The provisions of this chapter shall not apply to K-9, or other animals, owned by any police department or any law enforcement officer which are used in the performance of law enforcement work. 5.7.240: PENALTIES FOR VIOLATION; FIERCE AND DANGEROUS DOGS: A.Any fierce or dangerous dog: Page 15 of 18 Ordinance 901 Animal Control June 29, 2012 1.Which does not have a valid license in accordance with the provisions of this chapter; or 2.Which is maintained on property without an enclosure; or 3.Which is outside of either the dwelling of the owner, or an enclosure except as provided in section 5.7.190(B) of this chapter, shall be confiscated and impounded by the Department and destroyed in an expeditious and humane manner after the expiration of a 5-day waiting period exclusive of Sundays and holidays unless the owner appeals the dog impoundment as provided in 5.7.220(B). In addition, the owner shall pay a $250.00 fine. B.If any fierce or dangerous dog, when unprovoked, kills, wounds, menaces or assists in killing or wounding any animal or human being, the owner of said dog shall pay a $750.00 fine and the Department shall confiscate and impound and, after the expiration of a 5-day waiting period exclusive of Sundays and holidays, shall destroy said fierce or dangerous dog unless the owner appeals the dog impoundment as provided in 5.7.220(B). C.No fine requirement shall be suspended by any court of competent jurisdiction. 5.7.250: UNIFORM SUMMONS; PROSECUTION; FINE SCHEDULE: A.Citation: 1.Violations: Except where otherwise indicated in this chapter, violations of the provisions of this chapter shall be a misdemeanor and shall be punished as set forth in Idaho Code section 18-113, as amended, or in accordance with any more specific section(s) of this chapter. 2.Idaho Uniform Citation: The Idaho uniform citation shall be used by the Department, B.Fine Schedule: Subject to subsection D. of this section, the fine schedule for a dog with no rabies shot, or failure to confine a dog in heat shall be a minimum of $50.00 plus court costs for a first offense. The fine schedule for a second offense within five (5) years shall be a minimum of one hundred dollars ($100.00). The fine schedule for a third, and any subsequent offense, shall be a minimum of one hundred fifty dollars $150.00. These fines may be paid to the court or as provided by rule 14 of the misdemeanor criminal rules. No other penalty shall apply for these offenses except as provided in subsection C of this section. C.Infraction Violation: 1.Issuance of Notice: When the Department observes any licensing, dog at large or canine waste violation as discussed in this chapter, the officer may issue in place of a uniform citation a violation notice to the canine owner or possessor. Page 16 of 18 Ordinance 901 Animal Control June 29, 2012 2.Violation Fees: The violation notice subjects the violator to a $50.00 fee per violation and per dog. 3.Compliance: To comply with the notice, the violator must present his/her copy with a $50.00 fee payment to the Department within ten (10) days of the time of issuance. 4.Noncompliance: From eleven (11) days to thirty (30) days from the date of said violation notice, the violator must present his/her copy with payment which is equal to twice the penalty fixed in subsection C. 3. of this section. The failure of any violator to make payment to the Department within the times prescribed is an infraction punishable as provided in this title and as provided by Idaho Code with respect to infractions. D. The fine schedule for a fierce or dangerous dog found to be in violation of 5.7.120, 5.7.160 or 5.7.220 shall be a minimum of $500.00 for the first violation, a minimum of $750.00 for the second violation, and a minimum of $1,000.00 for the third violation. These fines may be paid to the court or as provided by rule 14 of the misdemeanor criminal rules. 5.7.260: LIABILITY OF PARENTS/GUARDIANS: In the event that the owner of any dog is a minor, the custodial parent or guardian of such minor is liable for all costs and fees incurred due to violating any section of the Chapter by said minor owner of dog. 5.7.270: DRIVING OR RIDING ANIMALS: No person shall lead, drive or ride any horse, pig, sheep, goat, mule, cattle or other animal over, across or upon any street, alley or public ground within the City limits except upon roadways, trails, or areas designated for such use or by permit issued by the City. 5.7.280: FEES; IMPOUNDING: The City Pound is entitled to charge a fee for the keeping and selling of any animal, which fees shall be retained by the City Pound as payment toward the costs and expenses incurred in the keeping and selling of such animal. The fees, which may be charged by the City Pound, for impounding, keeping and selling any animal, to be paid upon redemption or sale of such animal, shall be as established by resolution of the City Council. A provider under contract with the City for impounding, keeping and selling of animals shall establish their own fees for the services provided. 5.7.290: TRAPS: The Department or other designated agent is authorized to place humane animal traps on public or private property upon request and permission of the owner. Such traps shall be checked daily Page 17 of 18 Ordinance 901 Animal Control June 29, 2012 by the Department or other designated agent. Disturbing or injuring such trap or animal confined therein shall be a misdemeanor and punishable in accordance with Idaho Law. 5.7.300: RECORDS: The Department shall keep a record of all dogs impounded, which record shall contain a description of the dog, the place where, and the date when, taken into custody or when delivered to the City Pound, and showing the disposition of the same. Section 2: This Ordinance shall be in full force and effect upon its approval and passage. Section 3: If any provisions of this Ordinance shall be deemed illegal or unenforceable, such determination shall not operate to invalidate the remaining provisions of this Ordinance. PASSED AND APPROVED BY THE MAYOR AND THE COUNCIL OF THE CITY OF McCALL, IDAHO, THIS 29 DAY OF JUNE, 2012. te; eCACl APPROVED: SEAL 7x _ / C') * M�. * :ona ailey, Mayor ATTEST: ,L, p ti.41r L L, We ofr .4111' A&11114414/ik tis BessieJo WaL er, City Cl Page 18 of 18 Ordinance 901 Animal Control June 29,2012 City of McCall Certificate of Recording Officer STATE OF IDAHO } } County of Valley } I, the undersigned, the duly appointed, qualified, City Clerk of the City of McCall, Idaho, do hereby certify the following: 1. That pursuant to the provisions of Section 50-207, Idaho Code, I keep a correct journal of the proceedings of the Council of the City of McCall, Idaho, and that I am statutory custodian of all laws, ordinances and resolutions of said City. 2. That the attached Ordinance No. 901 is a true and correct copy of an ordinance passed at a regular meeting of the Council of the City of McCall held on June 29, 2012 and duly recorded in my office; and 3. That said regular meeting was duly convened and held in all respects in accordance with law and to the extent required by law, due and proper notice of such meeting and that a legally sufficient number of members of the Council voted in the proper manner and for the passage of said ordinance; and that all other requirements and proceedings incident to the proper adoption and passage of said ordinance have been duly fulfilled, carried out and observed; and that I am authorized to execute this certificate. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of the City of McCall, Idaho this 2 day of July 2012. ñt: SE AL BessieJo W gner, City Clerk * O s t A . ,,' *;,4-, nD A SUMMARY OF ORDINANCE NO. 901 PASSED BY THE CITY OF McCALL, IDAHO ORDINANCE NO 901 AN ORDINANCE OF THE CITY OF McCALL, VALLEY COUNTY, IDAHO, AMENDING TITLE 5 OF CHAPTER 7 OF THE McCALL CITY CODE "ANIMAL CONTROL" TO PROVIDE FOR THE FOLLOWING SECTIONS: 5.7.010 DEFINITIONS; 5.7.020 ADMINISTRATION; 5.7.030 CITY POUND; 5.7.040 LICENSE FEE AND DOGS; SPECIAL PROVISIONS; 5.7.050 CRUELTY TO ANIMALS AND FAILURE TO PROVIDE CARE; 5.7.060 COMMANDING A DOG TO ATTACK; PROHIBITED; 5.7.070 INTERFERENCE UNLAWFUL; 5.7.080 PENALTIES; 5.7.090 DOGS IN HEAT; 5.7.100 DOGS AT LARGE; 5.7.110 NUISANCE & THREATENING DOGS; 5.7.120 REGISTRATION OF FIERCE OR DANGEROUS DOGS; 5.7.130 IMPOUNDING AT LARGE, FIERCE OR DANGEROUS AND NUISANCE DOGS; 5.7.140 REDEMPTION AND/OR DISPOSITION OF IMPOUNDED DOGS; 5.7.150 KENNEL LICENSING; 5.7.160 RABIES VACCINATION, RABIES, DISEASES AND QUARANTINE; 5.7.170 UNSTERILIZED CANINES 5.7.180 CANINE WASTE; 5.7.190 CONTROL OF FIERCE OR DANGEROUS DOGS; 5.7.200 PURPOSE OR INTENT; HARBORING; 5.7.210 EUTHANASIA OF DISEASED DOGS, OFFENDING FIERCE, DANGEROUS OR POTENTIALLY DANGEROUS DOGS; 5.7.220 DETERMINATION OF FIERCE OR DANGEROUS DOGS; APPEAL; 5.7.230 EXEMPTIONS; 5.7.240 PENALTIES FOR VIOLATION; FIERCE AND DANGEROUS DOGS; 5.7.250 UNIFORM SUMMONS; PROSECUTION; FINE SCHEDULE; 5.7.260 LIABILITY OF PARENTS/GUARDIANS; 5.7.270 DRIVING OR RIDING ANIMALS; 5.7.280 FEES; IMPOUNDING; 5.7.290 TRAPS; AND 5.7.300 RECORDS; AND TO PROVIDE AN EFFECTIVE DATE. The City of McCall updated Title 5 of Chapter 7 on September 23, 2010, and the adopted Title 5 of Chapter 7 omitted several codes during the update, this new ordinance provides for new Sections 5.7.010 through 5.7.300, under Title 5 of Chapter 7 "Animal Control", which include various provisions for the regulation of dogs and other domestic animals. The ordinance contains a process whereby fierce or dangerous dogs can be identified and managed. The ordinance is intended to protect the public from dangerous dogs and other dangerous animals. The Ordinance shall be effective upon its passage, approval and publication as required by law. The full text of the Ordinance is available for review at City Hall and will be provided by the City Clerk to any citizen upon personal request, or can be viewed on the City website at www.mccall.id.us. Page 1 of 2 Ordinance 901 Animal Control Summary June 29,2012 APPROVED BY THE COUNCIL OF THE CITY OF McCALL, IDAHO, THIS 29 DAY OF JUNE, 2012. Approved: •``�,,`Q V'M c C'4,'°• ell _ SEA * L y - By ��` Donald C. Bailey, Mayor • ATTEST: S;C.,q O By _.I ) BessieJo Wagner, City ' lerk • Page 2 of 2 Ordinance 901 Animal Control Summary June 29,2012 ORDINANCE SUMMARY CERTIFICATION Ordinance No. 2012-901 Certification of City Legal Advisor of the Summary prepared for the above-numbered Ordinance The undersigned City of McCall Legal Advisor, having reviewed the above- numbered Ordinance and the Summary for the above-numbered Ordinance, believes the Summary of the above-numbered Ordinance is true and complete and that it provides adequate notice to the public of the identity and principal provisions of the Ordinance. Dated this 29 day of June, 2012. William F. Nichols