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HomeMy Public PortalAboutMinutes_CCMeeting_03162010CITY COUNCIL MEETING MARCH 16, 2010, 7:00 P.M. PUBLIC HERAING DECREASING MINIMUM LOT SIZE FOR CHICKENS 7:10 P.M. IONA COMMUNITY CENTER PRESENT: Mayor Brad Andersen, Council member Dennis McArthur, Council member Bruce Case, Council member Dan Gubler, Treasurer Ron Nelson, City Clerk Robyn Keyes, Public Works Supervisor Zech Prouse, Police Chief Shannon Basaraba. ABSENT: Council President Jane Shaw, VISITORS: Allen Horton, Ryan Walker, Ron Roberts, Joe Probert Mayor Andersen welcomed everyone and Council member Case led with the Pledge of Allegiance. Consent Agenda. The minutes, financial report, and expense report were reviewed. Mayor Andersen said he talked with the City's bank regarding the suggested move of $250,000 by the auditor for Federal Insurance purposes, and the City's money is Federally Insured and does not need to be moved. Treasurer Nelson said after 5 months into the fiscal year, the City was at 42% revenue. Mayor Andersen asked about the sale of dog tags. Chief Basaraba said the tags would be sold at both the City office and the County Animal Shelter. Mayor Andersen entertained a motion from the Council. Councilmember Gubler made a motion to approve the consent agenda. Council member Case seconded the motion. All were in favor. Public Hearing 7:10 p.m. After holding a public hearing to decrease the minimum allowable lot size for keeping chickens, the Council approve the proposed decrease to 1/3 acre or greater. See Appendix A for hearing details. Ramona Horton. Allen Horton represented Ramona Horton to present a proposal for a commissioned painting for the Council Chambers. Mr. Horton showed two possible paintings and said Mrs. Horton would paint something different if so requested. The Council discussed the possibilities of the paintings and the type of surface the painting would be on. The Council thanked Mr. Horton for his time and said they would discuss the issue and get back with him. Reports. Chief Basaraba went over the details of his proposed ordinance change regarding dogs in Iona. The Chief proposed changing the ordinance to an infraction based ordinance with the first 3 warnings resulting in a monetary fine and the 4th warning resulting in a monetary fine and 1 misdemeanor charge. The Chief also went over other proposed changes that involved non- commercial kennel licensing, barking dogs, dogs running at large, and license fees. Ryan Walker expressed his support for the ordinance and his concern with the criteria for making a complaint. Mr. Walker said he was afraid that his neighbors would not make a complaint with another neighbor's dogs because so many of his neighbors also have dogs. Chief Basaraba said a formal written complaint would not be necessary with the new ordinance. Mr. Walker said he was tired of all the barking dogs in his neighborhood and wanted to see some enforcement. Ron Roberts asked if there was a maximum amount of dogs allowed with the non-commercial kennel license. The Council and Police Chief agreed that would be a good item to add. The Council agreed to have the City Attorney draft a new ordinance with the recommended changes and have a public hearing in April. Council member Case said he looked over the museum property and did not believe the property was big enough to build a second building for a senior center. Council member Case said he would talk with the Historical Society members to see their plans for an addition instead of a second building. Mayor Andersen said the old Ernie's building would be a good location, and Council member Gubler suggested the Ralph Steele property. Council member McArthur said the City, along with the Lion's Club, had submitted a grant for the statue in front of the City building. Council member Gubler talked about the Spring clean up day on May 1st Clerk Keyes said Arbor Day would be April 9th Mayor Andersen asked the Council's thoughts on approaching the developer of Country Haven to change their plans for patio homes and add more 1/3 acre homes instead. Council member Case asked if the infrastructure had been set of the patio homes. Supervisor Prouse said it had. Mayor Andersen asked the Council to review the criteria for conditional use permits and variances before the next public hearing so everyone understood the regulations of both. Council member Gubler made a motion to adjourn. Council member McArthur seconded the motion. Meeting adjourned 8:17 p.m. rivtl 2 APPENDIX A PUBLIC HEARING DECREASING MINIMUM LOT SIZE ALLOWED FOR CHICKENS 7:10 P.M. MARCH 16, 2010 COMMUNITY CENTER PRESENT: Mayor Brad Andersen, Council member Dennis McArthur, Council member Bruce Case, Council member Dan Gubler, Treasurer Ron Nelson, City Clerk Robyn Keyes. Public Works Supervisor Prouse, Police Chief Shannon Basaraba VISITORS: Allen Horton, Ron Roberts, Ryan Walker, Joe Probert. Mayor Andersen welcomed everyone and went over the procedure for a public hearing. The Mayor explained the Planning and Zoning Commission made a recommendation to decrease the minimum allowable lot size for chickens to 1/3 acre or greater. Mayor Andersen asked if anyone in favor would like to speak. Joe Probert said he was in favor of the change. Mayor Andersen asked if anyone that was neutral would like to speak, no one did. Mayor Andersen asked if anyone that was against would like to speak, no one did. The Mayor closed the public portion f the hearing and opened the discussion up for the Council. Council member McArthur said he was in favor of the change as long as the other requirements of the ordinance did not change. Council member Gubler said he was neither for nor against the change, but he would rather see the ordinance stay as is and issue permits as a means of regulation. Council member Gubler asked Clerk Keyes how many people had requested a Conditional Use Permit for chickens, Clerk Keyes said 3. Council member Gubler said that was not very many. Council member Case said he was in favor of the change to accommodate more homeowners. Council member Case said he thought the Conditional Use Permit process would become misused if the chickens were to become allowed under it. Mayor Andersen said 3 requests were a lot compared to the short time the ordinance had been in effect. The Mayor also said the complaints regarding chickens were at '/4 acre lots. The Mayor agreed that granting Conditional Use Permits for chickens would be over -using the permits. Mayor Andersen was in favor of the lot size change. The Mayor entertained a motion from the Council. Council member McArthur made a motion to approve the recommendation from Planning and Zoning and allow the minimum lot size for chickens to be 1/3 acre or greater. 3 Council member Case seconded the motion. Mayor Andersen asked if there were any further discussions. Council member Case asked if the lot size changed, could people that had 1/4 acre apply for a Conditional Use Permit. Mayor Andersen said they could not because their land was too small to meet the setback requirements for chickens. Council member Case said it was too confusing to say something was not allowed, but then tell the people they could apply for a Conditional Use Permit. Roll call as follows: AYE: Council member McArthur Council member Case NAY: Council member Gubler Motion carried, recommendation approved. Public hearing closed 7:25 p.m. 4 CITY OF IONA ** B U D G E T R E P O R T* FOR 02-28-10 PAGE 3 **** GENERAL FUND **** ESTIMATED * * R E C E I P T E D * * UNRECEIPTED PERCENT FUND ACCOUNT# ACCOUNT TITLE REVENUE MTD YTD BALANCE RECEIPTED 001 305.000 STATE HIGHWAY USERS 40,000.00 .00 22,761.86 17,238.14 001 310.000 STATE REVENUE SHARING 35,000.00 .00 20,291.69 14,708.31 001 315.000 STATE LIQUOR TAX 25,000.00 .00 17,758.00 7,242.00 001 320.000 BEER & DOG LICENSES 200.00 .00 102.00 98.00 001 325.000 COURT REVENUE 15,000.00 671.40 5,661.45 9,338.55 001 330.000 INTEREST 1,000.00 44.03 178.28 821.72 001 335.000 CABLE TV FRANCHISE 3,800.00 .00 .00 3,800.00 001 340.000 NATURAL GAS FRANCHISE 10,500.00 .00 3,862.88 6,637.12 001 345.000 POWER FRANCHISE 15,500.00 .00 8,512.90 6,987.10 001 355.000 BUILDING RENT 6,000.00 700.00 3,840.00 2,160.00 001 357.000 BUILDING INSPECTION FEES 12,000.00 3,836.00 14,634.00 2,634.00- 001 358.000 GRANTS 10,000.00 .00 680.00 9,320.00 001 360.000 PROPERTY TAX REVENUE 200,000.00 2,229.38 109,817.15 90,182.85 001 390.000 MISCELLANEOUS REVENUE 7,000.00 980.00 2,850.18 4,149.82 001 395.000 RESERVES 50,000.00 .00 .00 50,000.00 56 . 90 57.98 71.03 51.00 37.74 17 83 36.79 54.92 64.00 121.95 6.80 54.91 40.72 **TOTAL GENERAL FUND REVENUE 431,000.00 8,460.81 210,950.39 220,049.61 48.94 **** GENERAL FUND **** ESTIMATED FUND ACCOUNT# ACCOUNT TITLE EXPENSE ** E X P E N D E D** MTD YTD UNEXPENDED PERCENT BALANCE EXPENDED 410.000 PAYROLL 54,000.00 7,372.00 35,750.00 18,250.00 420.000 RETIREMENT 10,000.00 754.52 3,789.94 6,210.06 001 422.000 HEALTH INSURANCE 20,000.00 2,949.92 14,142.07 5,857.93 001 424.000 PAYROLL TAXES 10,000.00 930.16 4,527.71 5,472.29 001 440.000 ELECTRICITY - NATURAL GAS 24,000.00 2,017.64 9,385.06 14,614.94 001 445.000 OFFICE SUPPLIES 10,000.00 586.41 4,050.59 5,949.41 001 446.000 TRAVEL 5,000.00 572.10 709.60 4,290.40 001 447.000 ADVERTISING 2,400.00 .00 4.77- 2,404.77 001 450.000 INSURANCE LIABILITY 8,500.00 .00 4,050.00 4,450.00 001 455.000 LEGAL & AUDIT FEES 11,000.00 600.00 6,100.00 4,900.00 001 459.000 POLICE -PAYROLL 47,300.00 3 974.00 21,381.00 25,919.00 001 460.000 POLICE-COUNTY/DISPATCH 26,500.00 .00 1,171.35 25,328.65 001 461.000 POLICE -RETIREMENT 4,600.00 514.72 2,402.63 2,197.37 001 462.000 POLICE -HEALTH INSURANCE 12,600.00 .00 1,000.31 11,599.69 001 463.000 POLICE -TRAINING 2,200.00 .00 .00 2,200.00 001 464.000 POLICE -GENERAL 18,800.00 1,599.74 13,964.46 4,835.54 001 465.000 VEHICLE RENT 5,000.00 .00 .00 5,000.00 001 470.000 MAINTENANCE 80,000.00 6,555.98 33,135.49 46,864.51 001 472.000 BUILDING INSPECTIONS 8,000.00 634.00 3,210.00 4,790.00 001 475.000 CIVIL DEFENSE 500.00 .00 .00 500.00 001 480.000 LIBRARY 2,000.00 .00 .00 2,000.00 001 490.000 CAPITAL IMPROVEMENTS 61,600.00 .00 8,903.78 52,696.22 001 495.000 MISCELLANEOUS EXPENSE 7,000.00 859.82 4,371.89 2,628.11 66.20 37.90 70.71 45.28 39.10 40.51 14.19 47.65 55.45 45.20 4.42 52.23 7.94 74.28 41.42 40.13 14.45 62.46 **TOTAL GENERAL FUND EXPENSES 431,000.00 29,921.01 172,041.11 258,958.89 39.92 **NET EXCESS OR DEFICIENCY(-) 21,460.20- 38,909.28 38,909.28- CITY OF IONA ** B U D G E T R E P O R T** 02-28-10 PAGE 4 **** WATER FUND **** ESTIMATED * * R E C E I P T E D * * UNRECEIPTED PERCENT FUND ACCOUNT# ACCOUNT TITLE REVENUE MTD YTD BALANCE RECEIPTED 002 305.000 COLLECTIONS 160,000.00 17,256.51 79,479.99 80,520.01 002 310.000 HOOK UP FEES 30,000.00 9,000.00 33,000.00 3,000.00- 002 315.000 INTEREST 500.00 42.37 187.72 312.28 002 350.000 TANK REPLACEMENT FUND 50,000.00 .00 .00 50,000.00 002 358.000 GRANTS 5,000.00 .00 .00 5,000.00 002 395.000 RESERVES 50,000.00 .00 .00 50,000.00 002 397.000 WATER BOND .00 .00 .00 49.67 110.00 37.54 **TOTAL WATER FUND REVENUE 295,500.00 26,298.88 112,667.71 182,832.29 38.13 **** WATER FUND **** FUND ACCOUNT# ACCOUNT TITLE ESTIMATED EXPENSE ** E X P E N D E D** MTD YTD UNEXPENDED PERCENT BALANCE EXPENDED 002 410.000 SALARIES & BENEFITS 60,000.00 .00 .00 60,000.00 002 440.000 ELECTRICITY 25,000.00 1,364.47 10,895.35 14,104.65 002 445.000 OFFICE, SUPPLIES, LEGAL 8,000.00 740.79 3,489.49 4,510.51 002 450.000 ENGINEERING COSTS 10,000.00 .00 .00 10,000.00 002 460.000 VEHICLE EXPENSE .00 .00 .00 465.000 VEHICLE RENT 7,000.00 .00 .00 7,000.00 470.000 REPAIRS & MAINTENANCE 40,000.00 648.05 10,164.72 29,835.28 002 480.000 BOND PAYMENT .00 .00 .00 002 462.000 BOND INTEREST .00 .00 .00 002 485.000 TANK REPLACEMENT FUND 80,000.00 .00 .00 80,000.00 002 490.000 CAPITAL IMPROVEMENTS 65,500.00 .00 .00 65,500.00 002 497.000 WATER SYSTEM UPATE .00 .00 .00 43.58 43.62 25.41 **TOTAL WATER FUND EXPENSE 295,500.00 2,753.31 24,549.56 270,950.44 8.31 **NET EXCESS OR DEFICIENCY(-) 23,545.57 88,118.15 88,118.15- CITY OF IONA ** B U D G E T R E P O R T** FOR 02-28-10 PAGE 5 **** EQUIP REPLACEMENT **** ESTIMATED * * R E C E I P T E D * * UNRECEIPTED PERCENT FUND ACCOUNT# ACCOUNT TITLE REVENUE MTD YTD BALANCE RECEIPTED 003 305.000 EQUIP RENT --WATER 5,000.00 .00 .00 5,000.00 003 310.000 EQUIP RENT --GENERAL 5,000.00 .00 .00 5,000.00 003 395.000 EQUIP RESERVES --WATER 40,000.00 .00 .00 40,000.00 003 396.000 EQUIP RESERVES --GENERAL 40,000.00 .00 .00 40,000.00 **TOTAL EQUIP REPLACEMENT REVENUE 90,000.00 .00 .00 90,000.00 **** EQUIP REPLACEMENT **** ESTIMATED FUND ACCOUNT# ACCOUNT TITLE EXPENSE ** E X P E N D E D** MTD YTD UNEXPENDED PERCENT BALANCE EXPENDED 003 410.000 EQUIP REPLACEMENT --WATER 45,000.00 .00 .00 45,000.00 003 415.000 EQUIP REPLACEMENT --GENERAL 45,000.00 .00 .00 45,000.00 003 490.000 EQUIPMENT PURCHASE .00 .00 .00 **TOTAL EQUIP REPLACEMENT EXPENSE 90,000.00 .00 .00 90,000.00 **NET EXCESS OR DEFICIENCY(-) .00 .00 .00 CITY OF IONA ** B U D G E T R E P O R T* FOR 02-28-10 PAGE 6 **** RECREATION FUND **** ESTIMATED * * R E C E I P T E D * * UNRECEIPTED PERCENT FUND ACCOUNT# ACCOUNT TITLE REVENUE MTD YTD BALANCE RECEIPTED 004 305.000 BASEBALL FEES 13,000.00 .00 .00 13,000.00 004 310.000 SHELTER RENTAL 300.00 .00 .00 300.00 004 320.000 WESTERN BOYS FEES 500.00 .00 210.00 290.00 004 395.000 RESERVES .00 .00 .00 42.00 **TOTAL RECREATION FUND REVENUE 13,800.00 .00 210.00 13,590.00 1.52 **** RECREATION FUND **** ESTIMATED FUND ACCOUNT# ACCOUNT TITLE EXPENSE * *EXPENDED** MTD YTD UNEXPENDED PERCENT BALANCE EXPENDED 004 410.000 RECREATION EQUIPMENT 1,000.00 .00 .00 1,000.00 004 415.000 RECREATION LABOR 5,800.00 .00 .00 5,800.00 004 420.000 BASEBALL SUPPLIES 4,000.00 .00 .00 4,000.00 004 470.000 RECREATION MAINTENANCE 3,000.00 .00 .00 3,000.00 **TOTAL RECREATION FUND EXPENSE 13,800.00 .00 .00 13,800.00 **NET EXCESS OR DEFICIENCY(-) .00 210.00 210.00- MONTHLY EXPENSE REPOI 2/28/2010 Amount Date Description ROCKY MTN POWER $ 2,214.06 ELECTRICITY DOUG CLINE $ 480.00 CARPET -COUNCIL ROOM BRAD ANDERSEN $ 532.10 TRAVEL-AIC MTG AIC $ 40.00 MEETING JIMS TROPHY ROOM $ 7.10 NAME PLATE CHERRY GLASS $ 30.00 GLASS -POLICE MELS LOCK $ 35.00 LOCK REPAIR OSWALD SERVICE $ 48.47 SERVICE TAHOE PSI $ 50.90 GARBAGE PIONEER EQUIPMENT $ 150.95 REPLACE WINDOW LATCH LARSEN REPAIR $ 165.00 REPAIR DODGE TRUCK DELTA DENTAL $ 272.75 DENTAL INSURANCE ZECH PROUSE $ 297.74 HEALTH INSURANCE IDAHO TRAFFIC SAFETY $ 443.00 SIGNS ROCKY MTN BOILER $ 563.40 RADIATOR VALVE HOLDEN KIDWELL $ 600.00 RETAINER MCBRIDE $ 634.00 INSPECTIONS _BOB FRED & WAYNES $ 654.98 TIRES -SNOW PLOW BLUE CROSS $ 2,061.29 HEALTH INSURANCE STAPLES $ 360.35 POLICE FRED MEYER $ 210.94 POLICE JOEL KEYES $ 1,762.50 LABOR ADNA AMES $ 36.13 EAGLE PROJECT CARPET MART $ 49.78 J P COOKE CO $ 40.39 OG TAGS COLUMBIA PAINT $ 50.23 250,1NT WAXIE $ 50.72 CLEANING SUPPLIES FIRST RESPONDERS $ 64.15 MEASURE WHEEL -POLICE HIGH COUNTRY R C & D $ 150.00 ANNUAL DUES REGENCE BLUE SHIELD $ 191.00 HEALTH INSURANCE FAIR POINT $ 284.30 PHONE DIXIE HUNTING $ 500.00 VETERANS MONUMENT BMC WEST $ 734.88 POLICE -CONSTRUCTION INTERMOUNTAIN GAS CO $ 1,168.05 NATURAL GAS LAWN TECH $ 1,498.14 MAINT-PRE SEASON AFLAC $ 127.14 HEALTH INSURANCE ORIENTAL TRADING $ 200.73 EASTER HOME DEPOT $ 485.02 CITY BUILDING RADIO SHACK $ 190.79 BANK OF COMMERCE $ 265.12 NEW CHECK SUPPLY POSTMASTER $ 262.68 WATER BILLS AT&T $ 1.69 PHONE TETON MICROBIOLOGY $ 40.00 WATER TEST MICRO SERV $ 52.95 WIRELESS UNITED MAILING $ 173.08 WATER BILLS CAL STORES $ 193.14 SAWHORSE -TOOLS -PARTS 6-12 EZ MART $ 357.20 FUEL VERIZON $ 177.37 PHONE KIRKHAM AUTO $ 57.71 SHOP DOLLEY CITY OF IONA BANK REPORT DATE 02/28/10 BANK OF COMMERCE GENERAL CHECKING $ 26,943.00 WATER CHECKING $ 15,902.00 GENERAL SAVINGS $ 217,342.00 WATER SAVINGS $ 231,262.00 KEY BANK GENERAL SAVINGS $ 156,649.00 WATER SAVINGS $ 52,216.00 WELLS FARGO WATER SAVINGS $ 51,646.00 MERRILL LYNCH GENERAL SAVINGS $ 101,084.00 PROPOSAL Painting for City Council Chambers by Ramona Horton 1. As of March 2010, the price of an original oil painting by Ramona Horton is 2 x's the square inch of desired painting, size 4"x5" up to 24"x48". (20" up to 1152" or $40 - $2304) 2. Any size greater then these would be considered by the artist to be a "mural". The price of a mural is different. 3. Mural price is 1 x's the square inch up to 3' x 6' ($2595) and .75 x's additional square inches up to 4'x 8' and .5 x's for sizing beyond 4'x8'. 4. A down payment of $500 would be required. This money would pay for supplies and time required in preparation. 4 a. Supplies: paint, brushes, gesso (used in preparing wall surface or Masonite), canvas, stretching bars (if using canvas). 4 b. Prep work involves stretching canvas onto bars or coating and sanding 3 times Masonite or wall, and/or attaching Masonite to stabilizing bars. 4 c. In addition, the city would receive the unframed "study" sketch with all copyright privileges to do with as they wish. 5. The balance would be paid upon completion of project. The price does not include cost of any framing or molding that might be desired. Price does not include the cost of hanging, if the mural was done on Masonite or canvas. Submitted March 16, 2010 by Allen D. Horton, Agent for Ramona Horton -- .e Signed �-rn��7l car/I v� g �' Cost break down for murals larger than 3'x6'. Price for 4'x8' : the first 2595 square inches is priced at $1 per. The next 2013 square inches is priced at $.75 per. $2595 +1590 $4104 This is the largest size that could be done on Masonite. Canvas comes in rolls of 5 , 6, or 7 feet widths by 18 feet long. You could choose any size within these widths and lengths. Your wall would be another option and you would choose the size and placement on the wall. If the city does not want a mural but would like one of the "study" pieces that you viewed tonight, you could purchase it for the $1 per square inch. I would like to do more work on them if they were going to be purchased. One or the other could be completed within the next 2 weeks. Again, the cost does not include framing or hanging. CHAPTER 4 DOG CONTROL SECTION: 5-4-1: Definitions 5-4-2: License Required 5-4-3: License Fees 5-4-4: Tags to be Placed on Collar 5-4-5: Record of License 5-4-6: Impounding of Dogs 5-4-7: Commercial and Noncommercial Kennel License 5-4-8: Rabies 5-4-9: Unlawful Disposal of Rabid Dog 5-4-10: Control of Dogs 5-4-11: Unlawful Interference with Disposal of Dogs 5-4-12: Cruelty Prohibited 5-4-13: Impounding and Disposal of Vicious Dogs 5-4-14: Disposal of Vicious Dogs 5-4-15: Police Officers 5-4-16: Penalty 5-4-1: DEFINITIONS: Certain terms used in this chapter shall have the meaning ascribed below: ANIMAL CONTROL Any animal shelter, lot, premises or building maintained SHELTER: 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. OWNER: Any person owning, keeping or harboring a dog. POUNDMASTER: Any person operating an animal control shelter, or his or her authorized agent. 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. UNLICENSED DOG: VICIOUS DOG: A dog for which a license has not been issued for the current year, or to which the tag provided for in this Chapter is not attached. 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. 5-4-2: LICENSE REQUIRED: It shall be unlawful for any person to keep or harbor any dog within the City without paying a license fee as herein provided. Dogs kept in a commercial dog kennel need not be individually licensed, but must be restricted to the premises or kept within a cage or enclosure at all times. This Section shall not apply to any person visiting in the City for a period not exceeding thirty (30) days and owning or possessing a dog currently licensed and bearing the license issued by another licensing authority, nor shall it apply to any dog which has strayed into the City but is duly licensed by, and wearing the tag, of, another licensing authority. Dogs used as guides for blind persons shall be licensed, except the owner or keeper of such dog shall not be required to pay any fee therefor. 5-4-3: LICENSE FEES: The licensing fee for all dogs shall be five dollars ($5.00) for a period of three (3) years, said license to expire at the expirationon midnight, December31, ofthre-e }second full calendar years from after the date the license was 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 date of expiration, the amount paid, the name and address of the person to whom issued and the breed and sex of the dog. 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 affixed to its neck, is guilty of an infraction. If the metal tag is lost, a duplicate tag may be obtained from the Clerk, upon payment of a one dollar ($1.00) fee. 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 Poundmaster at the Animal Control Shelter. 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 fiN 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 three (3) business 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 plus a boarding fee as set forth in this Chapter. (B) Licensed Dogs: All impounded dogs which are licensed or otherwise identified with a tag 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 Animal Services Manager shall give notice of the impoundment to the owner of the dog by telephone, if possible. The Animal 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 certifiedmail 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 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 Services Manager to any person. (E) No dog shall be released from the Animal Control Shelter unless the dog is licensed or microchipped under this Chapter and wearing a tag. (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 ($22.00) 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 impouding or boarding fees for any animal under his or her control shall be guilty of an infraction. 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. Sul, I r-f ue, i s-e--s1 raft 1 rut-tru- i 6 the op-e accompany the 011111-etCf nsents sna ity Cherk. t or the purp ring such percentage, persons having J ip or contro issuance. The applicant shall also pay a license fee of twenty five dollars ($25), 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. Noncommercial kennel licenses shall not be transferable to any other owner. Such license shaft be for an inde#inite terra, provided however the license may be revoked by the City Council upon a finding that the owner has violated any 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 writing 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, 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. 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 Poundmaster 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) 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. 5-4-9: UNLAWFUL DISPOSAL OF RABID DOG: Any person who kills or causes to be killed any rabid dog, or dog suspected of having rabies, or any dog who has bitten or attacked a person, without having given the notice required by the preceding section, or having given such notice kills such dog before the expiration of the ten (10) days guarantee period, is guilty of a misdemeanor. 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 a n infraction. For the purposes hereofthe term "loud and prolonged barking" shall mean (i) any incessant barking, howling, whining or other disturbing noise for a period of thirty (30) consecutive minutes or more within any 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 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 (C) 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 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. 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. (E) 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 dog, 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 a civil infraction of twenty dollars ($20) for the first offense, forty dollars ($40) for any 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. 5-4-11: UNLAWFUL INTERFERENCE WITH DISPOSAL OF DOGS: Any person who hinders, or interferes with any animal control officer who is seizing any dog, killing the same or removing the carcass under this Chapter, or any owner of a dog who refuses to pay the impounding or boarding fees set forth herein is guilty of a misdemeanor. 5-4-12: CRUELTY PROHIBITED: Any person who maltreats, tortures or who fails to feed or humanely keep or care for any dog, or who having the right or authority to kill a dog, kills such dog in an inhumane manner, is guilty of a misdemeanor. 5-4-13: IMPOUNDING AND DISPOSAL OF VICIOUS DOGS: Any person who keeps or has possession of a vicious dog within the City limits is guilty of a misdemeanor. 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 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 as established by the Animal Control Shelter. 5-4-15: POLICE OFFICERS: Any duly sworn peace officer as defined by State law, may and hereby is authorized to enforce the provisions of this Chapter. 5-4-16: PENALTY: (A) Except as 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. C:\WPDATA\DWS\2708 City of Iona \ORD\Dog Control Ord.cmp.4v3.wpd:sm CITY COUNCIL MEETINGS THE CITY COUNCIL MEETS THE THIRD TUESDAY OF EACH MONTH AT 7:00 P.M. AT THE COMMUNITY CENTER LOCATED AT 3548 NORTH MAIN STREET, IONA. 2010 SCHEDULE AS FOLLOWS: JANUARY 19TH FEBRUARY 16TH MARCH 16TH APRIL 27TH MAY 18TH DUNE 15TH JULY 20TH AUGUST 17TH SEPTEMBER 21 sT OCTOBER 19TH NOVEMBER 16TH DECEMBER Meeting will be held from 5:30-6:30 21 sT Any person needing special accommodations to participate in the above noticed meeting should contact the City Office at least one day before the meeting at 523-5600 6. PUBLIC NOTICE The City of Iona's Planning and Zoning Commission has scheduled a public hearing on the evening of March 10, 2010 at 7:30 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 decreasing the minimum allowable lot size for homeowners to have chickens from 1/2 acre to 1/3 acre. A second public hearing is scheduled for the evening of March 16, 2010 at 7:10 P.M. at the Community Center with the City Council for final approval if so recommended by Planning and Zoning. If you have any comments concerning this request, 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. Dated this 23rd day of February, 2010 Respectfully yours, Robyn Keyes, City Clerk Publish: Fifteen (15) days prior to hearing date.