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
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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.
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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.