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Home My Public Portal AboutORD 211-03-17_Amending Dog Control Chapter_04182017Instrument tt 1552194 Bonneville County, Idaho Falls, Idaho 05/05/2017 12:37:57 PM No. of Pages: 7 Recorded for, CITY OF IONA Fenny Manring Fee- $0 00 Ex--Officio Recorder Deputy Index to. ORDINANCE 211-03-17 ORDINANCE NO. AN ORDINANCE OF THE CITY OF IONA, IDAHO; RELATING TO DOG CONTROL; AMENDING SECTIONS 5-4-1, 5-4-4, 5- 4-6, 5-4-8 AND 5-4-14 OF THE IONA CITY CODE; REPEALING SECTIONS 5-4-2, 5-4-3 AND 5-4-5; PRESERVING PRIOR ORDINANCE; PROVIDING FOR METHODOLOGY; 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. Repeal of Sections 5-4-2, 5-4-3 and 5-4-5 of the Iona City Code: Sections 5-4-2, 5-4-3 and 5-4-5 of the Iona City Code are hereby repealed. Section 2. 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: ANIMAL CONTROL SERVICES MANAGER: ANIMAL CONTROL SHELTER: DOG: DOG KENNEL: OWNER: RUNNING AT LARGE: IFIED DOG: UNIDENT Any person operating an Animal Control Shelter in behalf of the City, or his or her authorized agent. Any animal shelter, lot, premises or building maintained or hired by the City to confine or care for animals. A dog of an age three months or older. Any place where more than two (2) dogs are kept. Any person owning, keeping or harboring a dog. 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. Ara dog-fer which alieeflse-hasdoes not have a metal dog tag or microchip which contains the current name, street address and telephone number of the owner of the animal. 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 3. Amendment of Section 5-4-4 of the lona City Code: Section 5-4-4 of the lona City Code is amended as follows: 5-4-4: CCD ON COLLAR UNIDENTIFIED DOGS RUNNING AT LARGE:- Any person who owns or ,has in his care or custody an unidentified dog found to be running at large within the City is guilty of an infraction.ff-the-treteFteg-is-tost7a feeSuch infraction shall be in addition to any violation under section 5-4-10(B) of this Chapter. Section 4. Amendment of Section 5-4-6 of the lona City Code: Section 5-4-6 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) UnlieensectUnidentified 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 or keeper -of such dog may redeem it by paying an impound fee plus a boarding fee as set forth in this Chapter. (B) Licensedldentified 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 writing of the impoundment. As soon as reasonably possible following impoundment of such dog, the Animal Control Services Manager shall give notice of the impoundment to the owner of the dog by telephone, if possible. The Animal Control 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-saidsuch five (5) business day period the owner may redeem the dog by microchip -and paying an impound fee plus a boarding fee as set forth in this 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 (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 impound and boarding fees shall be applied toward the cost of the spay or neuter. (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 Animal Control Services Manager to any person or may be humanely destroyed. (E) No unidentified dog shall be released from the Animal Control Shelter unless 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 animal. (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. , 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 ($30.00) and a daily boarding fee in an amount established by the Animal Control Shelter. based upon a uniform daily fee charged for each calendar day an animal is held at the Animal Control Shelter. Section 5. Amendment of Section 5-4-8 of the lona City Code: Section 5-4-8 of the lona City Code is amended as follows: 5-4-8: RABIES: If a dog has bitten, scratched or otherwise attacked a person, the owner of such dog or any person having knowledge of such incident shall immediately notify the Police Division and the State of Idaho Department of Health and Welfare. The Animal Control Services Manager may impound any dog which has bitten any person or to deliver the animal to a practicing veterinarian for quarantine, or require the owner to keep the dog in an approved enclosure not accessible to the public. Such dog shall be kept for a minimum period of ten (10) calendar days, and if the dog is determined to be free of rabies, the dog shall be returned to the owner. The owner of a dog so impounded in the Animal Control Shelter shall pay the regular boarding fees and if such fee is not paid, the dog may be disposed of as herein provided. If the dog is determined to be rabid, it shall be humanely destroyed and the owner shall be responsible to pay the boarding fees set forth in this chapter. Section 6. Amendment of Section 5-4-14 of the Iona City Code: Section 5-4- 14 of the lona City Code is 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 UntieensedUnidentified Vicious Dogs: All unidentified vicious dogs -net shall be retained in the pound for a minimum of seventy two-(-7-2-yhoursthree (3) full business days after its impoundment. If the owner or keeper -of such dog does not appear at the pound within this seventy-two-(72) hourtime 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 , such time period, the Animal Control Services Manager 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) business 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) business days of the date of the notice, the dog shall be destroyed and disposed of as provided herein. If the order to show cause is issued and served upon the City Clerk within ten (10) business 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 LieensedIdentified Vicious Dogs: If a vicious dog is lieensed—and propertyclearly identified with a dog tag or microchip, the PpundrnesterAnimal Control Services Manager shall notify the owner of the impoundment, within forty eighttwo (482) hetrrsbusiness days of the impoundment. Such notice shall be sent by certified mail addressed to the owner at histhe address shown on the tag or microchip or at the owners 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) business 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) business 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 mailing ofsuch ttrime noticeperiod, 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 aan impound fee in the amount of thirty dollars ($30) and a daily boarding fee as established by the Animal Control Shelter. Section 7. 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. 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. Preservation of Prior Ordinance. The sections of the City Code repealed or amended 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 10. 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 day of , 2017. Brad Andersen Mayor ATTEST: ara Roberts City Clerk STATE OF IDAHO ) )ss. County of Bonneville ) I, SHARA ROBERTS, 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; RELATING TO DOG CONTROL; AMENDING SECTIONS 5-4-1, 5-4-4, 5-4-6, 5-4-8 AND 5-4-14 OF THE IONA CITY CODE; REPEALING SECTIONS 5-4-2, 5-4-3 AND 5-4-5; PRESERVING PRIOR ORDINANCE; PROVIDING FOR METHODOLOGY; PROVIDING FOR SEVERABILITY AND ESTABLISHING AN EFFECTIVE DATE." Shara Roberts City Clerk G:\WPDATAWWS\2708 City of1on\ORD\2017\Dog Control.ORD.cmp.4v1wpd:sm