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Home My Public Portal AboutORD 277-25-22_Prohibiting Dogs at City Events Instrument fi 1724504 Bonneville County, Idaho Falls, Idaho 05/26/2022 22 03:51:56 PM No. of Pages: 5 /„ r Recorded for. CITY OF IONA (��w Penny Manning Fee $0.00 Ex-Officio Recorder Deputy Index to. ORDINANCE ORDINANCE NO. 277-05-22 AN ORDINANCE OF THE CITY OF IONA, IDAHO; AMENDING SECTION 5-4-1 OF THE IONA CITY CODE; ADDING DEFINITIONS OF A DOG EVENT AND A SERVICE ANIMAL; AMENDING SECTION 5-4-10 OF THE IONA CITY CODE;PROHIBITING DOGS AT CITY EVENTS,EXCEPT FOR SERVICE ANIMALS OR DOGS PARTICIPATING IN DOG EVENTS; PROVIDING METHODOLOGY; PRESERVING PRIOR ORDINANCE 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 Iona City Code. Section 5-4-1 of the Iona City Code is amended as follows: 5-4-1: DEFINITIONS. Certain terms used in this chapter shall have the meaning ascribed below: (A) The following definitions shall apply to terms used in this Chapter (and, when not inconsistent with the context, words used in the present tense include the future tense and words in the plural include the singular and vice versa),unless the context clearly indicates otherwise: (1) ANIMAL CONTROL Any person operating an Animal Control SERVICES MANAGER: Shelter on behalf of the City, or his or her authorized agent. (2) 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. (4) DOG EVENT: An event, either sponsored by the City or by private persons, that takes place on City or other public property for the purpose of showing, exhibiting, training, or otherwise featuring dogs; where the dogs participating therein are controlled by competent attendants; and which is approved and authorized by the Mayor in writing. (5) DOG KENNEL: Any place where more than two (2) dogs are kept. (6) 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. (7) 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 (ii) written notice, sent by first class mail, postage prepaid (effective two days after being sent through the mail). (8) OWNER: Any person owning, keeping or harboring a dog. (9) 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. (10) SERVICE ANIMAL: Any guide dog, signal dog, or other animal individually trained to work or perform tasks for an individual with a disability, including, but not limited to, guiding individuals with impaired vision, alerting individuals with impaired hearing to intruders or sounds, providing minimal protection or rescue work, pulling a wheelchair, or fetching dropped items (see 49 C.F.R. § 37.3). In accordance with federal and state law, the term does not include emotional support, therapy, comfort, or companion animals. (11) UNIDENTIFIED DOG: Any dog that is not identified. (12) 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 5-4-10 of the Iona City Code. Section 5-4-10 of the Iona City Code is amended as follows: 5-4-10: CONTROL OF DOGS. (A) Any person who harbors or keeps on his premises,or in his control any dog which by loud and prolonged barking, disturbs the peace and quiet of the neighborhood, or the occupants of adjacent premises,is guilty of an infraction. For the purposes hereof the term"loud and prolonged barking" shall mean (+l) any incessant barking, howling, whining or other disturbing noise for a period of tift-y{30)consecutive minutes or more within any calendar day, or (i42) 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 dog is provoked by a trespasser, intruder, or by any 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 an infraction. Notwithstanding the foregoing, the Mayor may, upon application of any person, authorize , arc controlled by competent attcndantsa Dog Event 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. Such areas shall be specifically designated by resolution of the Council and a sign giving notice of such prohibition and designated area shall be posted at each vehicular entrance to such public area. 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 an misislenieanefinfraction, unless the dog is a seeing cyc dog Service Animal or is a participant in an approved dog show, exhibition or dog training course Dog Event. Suck 1, l b i- i ficallJ' d. V ated J b- olut; e f the Cou cil ,]n R g R ot; 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 an finsderneanerinfraction. arranged as to interest in the breeding of such animals uilty of a misdemeanor. (D) No person owning,keeping or having in his or her immediate care or custody any dog shall knowingly fail or neglect to clean up any feces of the dog 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 dogService Animal, nor shall they be construed to require 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 up 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 an civil infraction of twenty dollars ($20) for the first offense, forty dollars{$40) for six (6)months of two (2)previous infractions. (E) Any person who brings any dog to an event sponsored by the City, regardless of where such event takes place, shall be guilty of an infraction. The foregoing shall not apply to (1) a Service Animal that can attend such event without fundamentally altering the nature of the event,complies with the other general requirements of this chapter,and is kept under its handler's control at all times; or(2)to any dog participating in a Dog Event. 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. Preservation of Prior Ordinance. The sections of the Iona City Code repealed and/or amended 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 5. 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 6. 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 (9..0day of V\ , 2022. Dan Gubler Mayor ATTEST: ....... r / Air , �' , • Keri West City Clerk (SEAL) `i, STATE OF IDAHO ) )ss. County of Bonneville ) I, KERI 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 DOG EVENTS AND DOGS ALLOWED BY OTHER APPLICABLE LAW (SUCH AS THE AMERICANS WITH DISABILITIES ACT); AMENDING SECTION 5-4-10 OF THE IONA CITY CODE; PROHIBITING DOGS AT CITY EVENTS, EXCEPT FOR DOG EVENTS OR DOGS REQUIRED BY OTHER APPLICABLE LAW; PROVIDING METHODOLOGY; PRESERVING PRIOR ORDINANCE IN EACH INSTANCE; PROVIDING FOR SEVERABILITY; AND ESTABLISHING AN EFFECTIVE DATE." te/As Keri West City Clerk G:\WPDATA\DAR\_1 Pending\2708-2022 City of Iona\ORDINANCES\No Dogs at City Events ORD vOl.docx