HomeMy Public PortalAboutOrd. 671 - Dog ControlORDINANCE NO. 671
AN ORDINANCE OF THE CITY OF McCALL, IDAHO, REPEALING AND RE-
ENACTING CHAPTER 7 OF TITLE 5 OF THE McCALL CITY CODE, RELATING TO
DOG CONTROL; PROVIDING FOR A MISDEMEANOR TO BE KNOWN AS
IGNORING AN INFRACTION CITATION; AND PROVIDING AN EFFECTIVE
DATE.
BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF McCALL,
IDAHO, AS FOLLOWS:
Section 1. McCall City Code Title 5, Chapter 7, not having been previously revised
and modernized, is repealed and re-enacted to read as follows:
Chapter 7
DOG CONTROL
Section:
5-7-010: Definitions
5-7-020: Administration
5-7-030: City Pound
5-7-100: License; Fee
5-7-110: Kennel Fee
5-7-120: Rabies Vaccination; Neutered Status
5-7-130: License to be Attached to Dog Collar
5-7-200: False Representations
5-7-210: Imitation License
5-7-220: Running at Large Prohibited
5-7-230: Female Dogs in Heat
5-7-240: Nuisance Dogs
5-7-250: Fierce and Dangerous Dogs
5-7-260: Interference Unlawful
5-7-270: Failure to Provide Care
5-7-300: Impounding of Unlicensed or At -Large Dogs
5-7-310: Disposition of Impounded Unlicensed Dogs
5-7-320: Disposition of Impounded Licensed Dogs
5-7-330: Quarantine of Dogs
5-7-340: Disposition of Diseased Dogs and of Fierce and Dangerous Dogs
5-7-350: Records
5-7-360: Penalties
5-7-010: DEFINITIONS: As used in this Chapter the term
(A) "bitten" means had seized, pierced, or cut with the teeth or with the jaws, other than when done by a
puppy less than four months old, in play; and "seized" in this regard means with sufficient force to scratch
or bruise, or to pierce, cut or tear clothing.
(A) "dog" means either a male or a female member of the biological family Canidae, including Canis familiaris,
and including also any other member of that family at any time owned, pos3essed, or harbored.
(B) "fierce and dangerous dog" means a dog (other than a dog belonging to a law enforcement
agency and acting pursuant to direction of its law enforcement handler) which dog
1. has without justification bitten a human being; for purposes of this definition, it is not
justification that the human being when bitten was interfering with the dog's attack upon
another human being or animal; or
2. has menaced a human being which human being was not on the property of the dog's Owner;
ORDINANCE NO. 671 repeal and re-enactment of MCC 5-7 page 1 of 6
printed October 24,1994 as adopted October 13,1994
(C) "menace" means to engage in unfriendly behavior which if committed •by a human being would
constitute an assault or a battery within the meaning of Chapter 3 of this Title; and
(D) "Owner" means any person owning, possessing, harboring or having in his or her control a dog
within the City, and "own" means owning, possessing, harboring or having in his or her control.
(E) "Private Property Open to Enforcement" means: private property open to the public; and
condominium or P.U.D. common area; and condominium limited common area which is not
reserved for the use of the Owner; and the common use areas of a mobile home park, or travel
trailer court or park; and any other premises with respect to which a person with a right of
possession superior to the Owner's has invited the Department to attend to a matter involving an
Owner's dog.
(MCC 5-7- 170 of 1992; am. Ord. 671, 10-13-94)
5-7-020: ADMINISTRATION: The administration and enforcement of this Chapter shall be in the
Department, except that the Clerk shall collect license fees and issue license tags. Being an Owner in the
City, and the purchasing of a license, either or both, constitutes consent to the provisions of this Chapter.
This Chapter is enacted in the interests of public health, public safety, and the preservation of the public
peace. (MCC 5-7- 200, 240 of 1992; am. Ord. 671, 10-13-94)
5-7-030: CITY POUND: The Department shall maintain and operate a City Pound for the keeping
and disposing of any dog impounded according to the provisions of this Chapter. (MCC 5-7- 210 of 1992)
5-7-100: LICENSE; FEE: No Owner shall own a dog older than 4 months of age within the City
without paying a license fee for such dog. The amount of the license fee for a male dog which has been
neutered, for a female dog which has been spayed, for a female dog not spayed, and for a male dog not
neutered shall be fixed for each such category from time to time by resolution of the Council. No license
fee shall be paid for less than one year. License fees shall be paid to the City Clerk, and licenses shall be
issued by the City Clerk; license fees are due on or before January 2 of each year, or within 10 days after
the Owner acquires the dog, whichever later occurs. The Clerk shall furnish with each receipt a metal
license tag which shall be stamped with the number to correspond with the number of the receipt and the
fiscal year for which issued. The Clerk shall keep a suitable record of the receipts issued under the
provisions of this Chapter. (Ord. 416, 11-3-80; MCC 5-7- 010, 020, 030, 110 of 1992; amd. Ord. 499, 8-18-86)
5-7-110: KENNEL FEE: The Owner at any one time of 3 or more dogs over 4 months of age shall,
in addition to the license fees provided in this Ordinance, pay a kennel license fee fixed from time to time
by resolution of the Council. (Ord. 321, 3-73; MCC 5-7- 140 of 1992; am. Ord. 671, 10-13-94)
5-7-120: RABIES VACCINATION; NEUTERED STATUS: No Owner shall own a dog older than 4
months of age within the City without that dog's having been vaccinated against rabies by or under the
direct supervision of a veterinarian licensed or legally permitted to practice veterinary medicine in Idaho
with a rabies vaccine currently licensed as such by the United States Department of Agriculture. A dog
more than 3 months of age that is acquired or moved into the City must be vaccinated within 30 days of
purchase or arrival, unless there is documented evidence of current vaccination in another jurisdiction. No
license shall be issued for any dog unless the Owner shall present to the Clerk at the time of payment of
the license fee for such dog, a certificate of such a veterinarian that such dog has been currently
vaccinated for rabies with such a vaccine. The Owner shall also present to the Clerk at that time the
certificate of a licensed veterinarian that such dog has been spayed or neutered, if such status is claimed.
(Ord. 499, 8-18-86; MCC 5-7-120 of 1992; am. Ord. 671, 10-13-94)
5-7-130: LICENSE TO BE ATTACHED TO DOG COLLAR: The Owner at the Owner's expense
shall attach the metal license tag to a collar kept upon the neck of the dog so licensed. (1949 Code; MCC 5-7-
050 of 1992; am. Ord. 671, 10-13-94)
5-7-200: FALSE REPRESENTATIONS: No Owner shall make a false representation as to the time
during the license year when a dog under that Owner's control was brought into the City, for the purpose
of avoiding paying the amount of license required of him by the provisions of this Chapter. To do so is a
misdemeanor. (1949 Code; MCC 5-7-130 of 1992; am. Ord. 671, 10-13-94)
ORDINANCE NO. 671 repeal and re-enactment of MCC 5-7 page 2 of 6
printed October 24,1994 as adopted October 13,1994
5-7-210: IMITATION LICENSE: No Owner shall suffer or cause a number and collar to be put or
kept on any dog with intent to avoid payment of a license fee. To do so is a misdemeanor. (MCC 5-7-100 of
1992; am. Ord. 671, 10-13-94)
5-7-220: RUNNING AT LARGE PROHIBITED: No Owner shall suffer a dogowned, possessed, or
harbored by that Owner, or in that Owner's control, to be found at large upon the streets or alleys of the
City, or in any public place in the City, or upon Private Property Open to Enforcement, except when such
dog is:
(A) attached to and controlled by a leash not exceeding eight feet (8') in length.
(B) confined in a motor vehicle. (Ord. 362, 12-5-77; am. Ord. 671, 10-13-94)
(C) in an area of the public park or other public grounds of the City which the Council has designated for
use, subject to such rules and regulations as may be prescribed, for the training or exercise of dogs
and is under the effective control of a responsible person by whistle, voice or other command.
The Department may enter upon Private Property Open to Enforcement, for the purposes of
enforcement of this Section. (Ord. 362, 12-5-77; MCC 5-7- 180, 190 of 1992; am. Ord. 671, 10-13-94)
5-7-230: FEMALE DOGS IN HEAT: No Owner of any female dog shall permit or suffer the same to
run at large while in heat. To do so is a misdemeanor. (Ord. 316, 5-1-72; MCC 5-7- 090 of 1992; am. Ord. 671,
10-13-94)
5-7-240: NUISANCE DOGS: No Owner of any dog shall fail to exercise proper care and control of
such dog to prevent it from becoming a nuisance by excessive, continuous or untimely barking, by
molesting passersby, by chasing vehicles, by attacking other domestic animals, or by trespassing upon
public or private property in such a manner as to damage the property, including but not limited to by
defecating and urinating thereon. To do so is a misdemeanor. (Ord. 367, 6-5-78; MCC 5-7- 150 of 1992; am.
Ord. 671, 10-13-94)
5-7-250: FIERCE AND DANGEROUS DOGS: A fierce and dangerous dog is a public nuisance. No
Owner of a fierce and dangerous dog shall under any circumstances ever suffer the same to be at large. To
do so is a misdemeanor. Each day that such dog is suffered to be at large shall constitute a separate violation
of this Ordinance. A fierce and dangerous dog which commits an act. after September 8, 1994, which act is a
defining act of being a fierce and dangerous dog, shall be impounded unless the Owner places such dog in
quarantine with a licensed veterinarian as provided below. (Ord. 362, 12-5-77; MCC 5-7- 070 of 1992; am. Ord.
671, 10-13-94)
5-7-260: INTERFERENCE UNLAWFUL: It shall be unlawful for any person to hinder or molest any
person who may be engaged in seizing, keeping or removing any dog, or who is lawfully engaged in killing
the same or removing the carcass in conformity with the provisions of this Chapter. To do so is a
misdemeanor. (Ord. 608, 5-28-92; MCC 5-7- 120, 220 of 1992; am. Ord. 671, 10-13-94)
5-7-270: FAILURE TO PROVIDE CARE: It shall be unlawful for any Owner to fail to provide a dog
with sufficient good and wholesome food and water, proper shelter and protection, veterinary care, when
needed to prevent suffering, and humane care and treatment. To do so is a misdemeanor. The
Department may impound such a dog for its protection; disposition shall be as provided below. (Ord. 316,
5-1-72; MCC 5-7-160 of 1992; am. Ord. 671, 10-13-94)
5-7-300: IMPOUNDING OF UNLICENSED OR AT -LARGE DOGS: All dogs not licensed and
collared as herein provided, and all dogs found running at large, and all fierce and dangerous dogs, are
hereby declared to be public nuisances and are subject to being taken up and impounded by the.
Department. Every dog so impounded shall be retained in the pound for a period of 48 hours. The Owner
of a dog, other than a diseased or fierce and dangerous dog, may redeem the same by procuring any due
or overdue license, and paying in addition thereto an impoundment fee together with a sum per day for
the board and care of such dog fixed for each such category from time to time by resolution of the Council.
(Ord. 316, 5-1-72; MCC 5-7- 060, 250, 260 of 1992; am. Ord. 671, 10-13-94)
5-7-310: DISPOSITION OF IMPOUNDED UNLICENSED DOGS: At the expiration of 48 hours after
the impounding of an unlicensed dog, other than a diseased or fierce and dangerous dog, the
Department is authorized to transfer such dog to any person not the Owner thereof for a sum deemed
ORDINANCE NO. 671 repeal and re-enactment of MCC 5-7 page 3 of 6
printed October 24,1994 as adopted October 13,1994
reasonable by the Department; the person adopting such dog shall pay for a license and deposit a sum to
secure neutering of the dog, which deposit is returnable upon furnishing to the Department proof of
neutering. In case such dog is not redeemed or sold as herein provided, the Department shall kill the
same, or deliver the dog to a veterinarian for destruction, in either case in a humane manner, and the
carcass shall be disposed of either by burial or cremation. (1949 Code; Ord. 316, 5-1-72; MCC 5-7- 070, 250,
260 of 1992; am. Ord. 671, 10-13-94)
5-7-320: DISPOSITION OF IMPOUNDED LICENSED DOG: Any impounded licensed dog shall be
kept at least an additional 72 hours. The Department shall within such five days of impoundment make a
reasonable and diligent effort to notify the Owner or a representative of the Owner that impoundment has
occurred. If the Owner of such a dog, other than a diseased or fierce and dangerous dog, pays any due or
overdue license fees, and the costs and fees of the pound, the Department shall release the dog to the
Owner; otherwise, the Department may dispose of a dog, as provided in Section 5-7-310. (Ord. 316, 5-1-
72; Ord. 337, 1-28-75; MCC 5-7- 070, 250, 260 of 1992; am. Ord. 671, 10-13-94)
5-7-330: QUARANTINE OF DOGS:
(A) Any impounded dog may be quarantined, if the Department suspects it may be diseased.
(B) Any fierce and dangerous dog having bitten a human being or another animal must be quarantined.
(C) Any dog may be impounded and must be quarantined if bitten by an animal suspected by the
Department of being rabid.
(D) In the event of quarantine, the Owner shall, or if the Owner fails or refuses to do so, the Department
shall deliver the dog to a licensed veterinarian for safekeeping and observation for not less than 10
days according to that veterinarian's best professional judgment as to the period and methodology
of observation for diseases communicable to humans, including rabies. The cost of such
quarantining shall be borne by the Owner as an item of restitution in any prosecution for a violation
of this Chapter, or as part of the fee for an otherwise lawful redemption of the dog.
(E) Restitution or fees received with respect to quarantining shall be considered revenue allocable to
the budget for animal control. Should the Owner request in writing that the dog be humanely
destroyed in lieu of quarantining, quarantine shall proceed only to the extent necessary to rule out
any risk of a bite victim's exposure to rabies going undetected.
(Ord. 608, 5-28-92; am. Ord. 671, 10-13-94)
5-7-340: DISPOSITION OF DISEASED DOGS AND OF FIERCE AND DANGEROUS DOGS:
(A) Any impounded or quarantined dog, licensed or unlicensed, suffering from serious injury or disease,
may be humanely destroyed at the discretion of the Department, and must be so destroyed if a
licensed veterinarian determines that the dog is afflicted with rabies or other fatal disease or injury.
(B) Any impounded or quarantined, licensed dog, afflicted with an incurable and debilitating, but not
necessarily fatal, disease or injury must be humanely destroyed, unless redeemed by the Owner
within five days after the report of the results of quarantine or medical examination is available to
the Owner at the office of the veterinarian.
(C) Any impounded or quarantined, unlicensed dog, afflicted with an incurable and debilitating, but
not necessarily fatal, disease or injury must be humanely destroyed.
(D) A Police Officer or Sheriff's Deputy within the City may at any time kill a dog found running at large (it is
hoped the brain of the dog will not be damaged by the killing), when in the judgment of that officer
1. probable cause exists that the dog is a fierce and dangerous dog that has bitten a human
being or is currently menacing a human being, and
2. it is not practicable safely to impound the dog.
(E) . It shall be lawful for any person acting in good faith to kill such a dog in defense of a human being
under circumstances that injury has already occurred and continued injury is threatened, or that
clear and present danger of physical injury to that person exists (it is hoped the brain of the dog will
not be damaged by the killing); such a killing of a dog must be promptly reported to the Department.
ORDINANCE NO. 671 repeal and re-enactment of MCC 5-7 page 4 of 6
printed October 24,1994 as adopted October 13,1994
(F) If a dog is impounded which the Department believes is a fierce and dangerous dog the Department
shall either issue a citation under this Chapter for an offense one element of which is a fierce and
dangerous dog, or shall give notice to the owner that the dog is considered fierce and dangerous,
and that the owner has ten days within which to file a written request for a hearing in the matter.
(G) If a citation was issued, and should the prosecution result in an adjudication of guilty, the dog in
question is determined to be fierce and dangerous as of the time of such adjudication or the final
adjudication upon any appeal from the same.
(H) If no citation was issued, and the Owner files a written request for a hearing in the matter, the same
shall be set by the City Manager and before the City Manager or a hearing officer designated by
him in the notice of hearing, for a time not less than 15 nor more than 30 days after that written
request is received. Notice shall be given to the Owner, to the Department, to the City Attorney,
and to any victim known to the Department; failure to give notice to a victim shall not be
considered a jurisdictional defect. At the hearing, and after listening to the witnesses, the City
Manager shall reach a determination and give a copy of the same to all persons receiving notice of
the hearing. An appeal from the decision of the City Manager may be lodged by filing a written
notice of such appeal with the City Manager and otherwise as provided in Idaho Rules of Civil
Procedure, Rule 83(c) and following, to be heard as an appellate proceeding.
In the event a dog is determined to be fierce and dangerous as provided in subsection (G) or (H)
above, or if the owner does not dispute the matter, the dog shall be humanely destroyed after the
-final adjudication under prosecution, the completion of the administrative determination and any
appeals, or the running of the time for the filing of a written request for hearing without any such
request being filed, whichever is the chain of events, unless the Owner within ten days thereafter
provides:
1. A securely fenced enclosure in which the dog is kept at all times out of which enclosure the
dog cannot escape and into which enclosure no child can gain entrance, and through which
enclosure no child can insert any part of its body; without limiting the generality of the
foregoing, such enclosure must have a top and a bottom as well as sides, and the sides,
top, and bottom must be securely and continuously connected; provided that such dog
may also be within the Owner's dwelling, or outside that dwelling and enclosure when
securely attached to a leash as provided below in this subsection; or
2. A surety bond in the amount of $500,000 in favor of the City against the running at large of
the dog; and public liability insurance in such amount to indemnify any person injured by
such dog , to include all medical expenses, loss of income, and other damages whether or
not special; in the event such bond and insurance are provided, the dog shall at all times be
in the Owner's dwelling, or under physical restraint fully capable ofpreventing the dog from
going anywhere off the Owner's property, or securely attached to a leash as provided below
in this subsection.
"Securely attached to a leash" means attached to a leash eight feet long cr shorter, held by a person,
which leash and person are fully capable of preventing the dog from going anywhere unintended by
the person holding the leash; and such person shall at all times fully control the dog so as to prevent
its becoming detached from the leash and to prevent its physically contacting a member of the public;
a failure to maintain that control is a misdemeanor.
(l)
(Ord. 362, 12-5-77; MCC 5-7- 080, 340 of 1992; am. Ord. 671, 10-13-94)
5-7-350: RECORDS; The Department shall keep a record of all dogs impounded, which record shall
contain a description of the dog, the place where, and the date when, taken into custody or when delivered
to the City Pound, and showing the disposition of the same. (Ord. 608, 5-28-92; MCC 5-7- 230 of 1992; am. Ord.
671, 10-13-94)
5-7-360: PENALTIES: Any violation of this Chapter (Section 5-7- 010, et seq.) not otherwise
classified in the relevant section is an infraction; except that any violation is a misdemeanor if injury to a
person or property results. (MCC 5-7- 310 of 1992)
ORDINANCE NO. 671 repeal and re-enactment of MCC 5-7 page 5 of 6
printed October 24,1994 as adopted October 13,1994
Section 2. McCall City Code Title 5, Chapter 2, is amended by the addition of the
following new subsection to Section 5-2-020 entitled CRIMINAL AND CIVIL PENALTIES:
(F)
A person to whom an infraction citation or parking ticket is issued under this Title shall either make
payment of such citation or ticket as indicated on it, or shall appear and contest the citation or
ticket as indicated on it; a person who does neither with respect to a citation or ticket violates this
subsection and thereby commits a misdemeanor to be known as "Ignoring a Citation," the last
essential fact of the commission of which misdemeanor occurs by failure to appear in open court
or before the Court Clerk; and a bench warrant may be issued for that person's arrest on or after
the return date on the citation or ticket. (Ord. 608, 5-28-92; am. Ord. 671, 10-13-94)
Section 3. This Ordinance shall be in full force and effect from and after its passage,
approval and publication as required by law.
Passed and approved October 13,1994.
Dean Martens
Mayor
James H. Henderson,
City Clerk
ORDINANCE NO. 671 repeal and re-enactment of MCC 5-7 page 6 of 6
printed October 24,1994 as adopted October 13,1994
"
C i t y o f M c C a l l
C e r t i f i c a t e o f R e c o r d i n g O f f i c e r
S t a t e o f I d a h o )
C o u n t y o f V a l l e y )
I , t h e u n d e r s i g n e d , t h e d u l y a p p o i n t e d , q u a l i f i e d , C i t y C l e r k o f t h e C i t y o f M c C a l l , I d a h o , d o h e r e b y
c e r t i f y t h e f o l l o w i n g :
1 . T h a t p u r s u a n t t o t h e p r o v i s i o n s o f S e c t i o n 5 0 - 2 0 7 , I d a h o C o d e , I k e e p a c o r r e c t j o u r n a l o f t h e
p r o c e e d i n g s o f t h e C o u n c i l o f t h e C i t y o f M c C a 1 1 , I d a h o , a n d t h a t I a m t h e s t a t u t o r y c u s t o d i a n o f a l l l a w s ,
o r d i n a n c e s a n d r e s o l u t i o n s o f s a i d C i t y .
2 . T h a t t h e a t t a c h e d O r d i n a n c e N o . 6 7 1 i s a t r u e a n d c o r r e c t c o p y o f a n o r d i n a n c e p a s s e d a t a
r e g u l a r m e e t i n g o f t h e C o u n c i l o f t h e C i t y o f M c C a 1 1 h e l d o n O c t o b e r 1 3 , 1 9 9 4 , a n d d u l y r e c o r d e d i n m y o f f i c e ;
a n d
3 . T h a t s a i d r e g u l a r m e e t i n g w a s d u l y c o n v e n e d a n d h e l d i n a l l r e s p e c t s i n a c c o r d a n c e w i t h l a w a n d
t o t h e e x t e n t r e q u i r e d b y l a w , d u e a n d p r o p e r n o t i c e o f s u c h m e e t i n g h a v i n g b e e n g i v e n ; t h a t a l e g a l q u o r u m w a s
p r e s e n t t h r o u g h o u t t h e m e e t i n g a n d t h a t a l e g a l l y s u f f i c i e n t n u m b e r o f m e m b e r s o f t h e C o u n c i l v o t e d i n t h e p r o p e r
m a n n e r a n d f o r t h e p a s s a g e o f s a i d o r d i n a n c e ; a n d t h a t a l l o t h e r r e q u i r e m e n t s a n d p r o c e e d i n g s i n c i d e n t t o t h e
p r o p e r a d o p t i o n a n d p a s s a g e o f s a i d o r d i n a n c e h a v e b e e n d u l y f u l f i l l e d , c a r r i e d o u t a n d o b s e r v e d ; a n d t h a t I a m
a u t h o r i z e d t o e x e c u t e t h i s c e r t i f i c a t e . .
I N W I T N E S S W H E R E O F , I h a v e h e r e u n t o s e t m y h a n d a n d a f f i x e d t h e o f f i c i a l s e a l o f t h e C i t y o f M c C a l l ,
I d a h o t h i s 1 8 t h d a y o f O c t o b e r 1 9 9 4 .
J a m e s H . H e n d e r s o n , C i t y C l e r k
Publisher's Affidavit of Publication
STATE OF IDAHO
.ss
County of Valley
I, Ramona A. French, being duly sworn and say, I am the receptionist
of The Central Idaho Star -News, a weekly newspaper published at McCall, in
the County of Valley, State of Idaho; that said newspaper is in general
circulation in the county of aforesaid and is a legal newspaper; that the
NOTICE OF ORDINANCE NO. 671, a copy of which is enclosed hereto and is
a part hereof, was published in said newspaper once a week for one consecu-
tive week in the regular and entire issue of every number there of during the
period of time of publication, and was published in the newspaper proper and
not in a supplement; and that publication of such notice began October 20,
94 and ended October 20, 1994.
Subscribed and sworn before m his the Oth day of October, 1994.
STATE OF IDAHO
COUNTY OF VALLEY
On this 20th day of October, in the year of 1994, before me, a Notary
Public, personally appeared Ramona A. French, known or identified to me to
be the person whose name subscribed to the within instrument, and being by
me first duly sworn, declared that the statements therein are true, and acknowl-
edged to me that she executed the same.
Tom Grote
Notary Public for Idaho
Residing at McCall, Idaho
Commission Expires: 1999
SUMMARY OF
ORDINANCE NO. 671
AN ORDINANCE OF THE CITY OF
McCALL, IDAHO, REPEALING AND RE-
ENACTING CHAPTER 7 OF TITLE 5 OF
THE McCALL CITY CODE, RELATING TO
DOG CONTROL; PROVIDING FOR A MIS-
DEMEANOR TO BE KNOWN AS IGNORING
AN INFRACTION CITATION; AND PRO-
VIDING AN EFFECTIVE DATE.
BE IT ORDAINED BY THEMAYOR AND
COUNCIL OF THE CITY OF McCALL,
IDAHO, AS FOLLOWS:
Section 1 amends the McCall City Code
Title 5, Chapter 7, to read as set out in the
ordinance:
• 5-7-010 provides DEFINITIONS for words
used in the ordinance, including "bitten," "dog,"
"fierce and dangerous dog," "menace," and "Pri-
vate Property .Open to Enforcement"
5-7-020 tells who will ADMINISTER and
enforce this Chapter, and provides that owning
a dog in the City or the purchasing of a license
constitutes consent to this Chapter.
5-7-030 provides for the CITY POUND.
5-7-100 provides for the LICENSE and FEE.
5-7-110 provides for a I{ENNEL,FEE if the
Owner owns 3 or more dogs over 4 months of
age.
5-7-120 provides for proof of RABIES
VACCINATION and proof of NEUTERED
STATq
- 5-7-130 provides for the LICENSE TO BE
ATTACHED TO DOG COLLAR.
5-7-200 makes. -FALSE REPRESENTA-
TIONS a misdemeanor.
5-7-210 makes an IMITATION LICENSE
a misdemeanor.
5-7-220 provides that RUNNING AT
LARGE is PROHIBITED, except when the dog
is attached .to and controlled by a leash not.
exceeding eight feet (8') in length, confined in a
motor vehicle, or in an area (if any) which,the.
. Council has designated for the training or exer-
cise of dogs under the effective control of a '
responsible person. An infraction. .
5-7-230 prohibits°the running at large of
FEMALE DOGS IN HEAT, a misdemeanor.
5-7-240 requires care and control of NUI-
SANCE DOGS to prevent excessive, continuous
or untimely barking, molesting passersby, chas-
ing vehicles, attacking other domestic`animals,
or trespassing upon public or private property in
such a manner as to damage the property, a
misdemeanor.
5-7-250 declares FIERCE AND DANGER-
OUS DOGS a public nuisance. No Owner shall
under any circumstances ever suffer the same to
be at large. To do so is a misdemeanor. Each day
at large a separate violation. A fierce and dan-
gerous dog after September 8,1994 shall be
impounded or quarantined with a licensed vet-
erinarian.
• 5-7-260 prohibits INTERFERENCE with
any person who may beengaged in enforcement
actions, to do so being a misdemeanor:
5-7-270 prohibits FAILURE TO PROVIDE
CARE to a dog, good and wholesome food and
'water, proper shelter and protection, veterinary
care, when needed, and humane care and treat-
ment. To do so is a misdemeanor.
5-7-300 provides for the IMPOUNDING
OF UNLICENSED OR AT -LARGE DOGS,
and all fierce and dangerous dogs, by the Police
Department, and retention in the pound.
5-7-310 provides for the DISPOSITION
OF IMPOUNDED UNLICENSED DOGS,
other than diseased or fierce and dangerous
dogs, by adoption or destruction if not adopted.
5-7-320 provides for the DISPOSITION
OF IMPOUNDED LICENSED DOG, other than
a diseased or fierce and dangerous dog, by
redemptionby owner, by adoption, or by de-
struction if neither redeemed.nor adopted.
5-7-340 provides for DISPOSITION OF
DISEASED DOGS AND OF FIERCE AND
DANGEROUS DOGS, and for the immediate
destruction of a fierce and dangerous dog found
running at large that has then bitten a human
being or is then menacing a human being. The
section provides for the PROCEDURE for the
determination whether an impounded dog is a
fierce and dangerous dog. The Section provides
for what the owner must do in order to be able to
keep the fierce and dangerous dog, including a
securely fenced enclosure, or bond.
5-7-350 provides for the keeping of
RECORDS.
5-7-360 provides PENALTIES for any vio-
lation, and that any violation not otherwise
classified is an -infraction, except a misdemeanor
if injury to a person or property results from,the
violation.
Section 2. amends the McCall City Code
Title 5, Chapter 2, entitled CRIMINAL AND
CIVIL PENALTIES to provide that a person
who ignores a parking ticket or fails in any way
to respond to an infraction citation thereby com-
mits the crime of "Ignoring a Citation," which
crime is a misdemeanor. .
Section 3. provides that this Ordinance shall
be in full force and effect from and after its
passage, approval and publication of this ,sum-
mary. •
The Ordinance was passed and approved
October 13,1994. .
STATEMENT OF CITY ATTORNEY
The above summary of Ordinance 671 is true
and complete and provides adequate notice to the
public.
Dated: October 13,1994
Edward G. Burton, City Attomey 1t10120
•
.
fl
Publisher's Affidavit of Publication
STATE OF IDAHO
.SS
County of Valley
I, Ramona A. French, being duly sworn and say, I am the receptionist
of The Central Idaho Star -News, a weekly newspaper published at McCall, in
the County of Valley, State of Idaho; that said newspaper is in general
circulation in the county of aforesaid and is a legal newspaper; that the
NOTICE OF PUBLIC HEARING, a copy of which is enclosed hereto and is a
part hereof, was published in said newspaper once a week for one consecutive
week in the regular and entire issue of every number there of during the period
of time of publication, and was published in the newspaper proper and not in a
supplement; and that publication of such notice began November 23, 1994
and ended November 23, 1994.
Subscribed day of November,
STATE OF IDAHO
and sworn before a this the 3rd
COUNTY OF VALLEY
1994.
On this 23rd day of November, in the year of 1994, before me, a
Notary Public, personally appeared Ramona A. French, known or identified to
me to be the person whose name subscribed to the within instrument, and
being by me first duly sworn, declared that the statements therein are true, and
acknowledged to me that she executed the same.
Tom Grote
Notary Public for Idaho
Residing at McCall, Idaho
Commission Expires: 1999
NOTICE OF PUBLIC HEARING
On Wednesday, December 14,1994at7:30
p.m. or as soon thereafter as the matter may be
heard, a joint meeting of the McCall City Plan-
ning and Zoning Commission and the Area of
City Impact Planning and Zoning Commission
shall conduct a public hearing to review pro-
posed revisions to the McCall City Zoning
Ordinance. The public hearing will be held in
the American Legion Hall of City Hall, 216 E.
Park Street, McCall, Idaho. The Joint Commis-
sions will receive public input on changes
affecting Residential Zones A, R-1, R-5, and
R-10; General Development Standards; Shore-
line and River Environs overlay; Scenic Route
District; Record of Survey procedures; Subdi-
visions; Signs; Approval of Preliminary Plats;
Conditional Uses in an Industrial Zone; and
Health and Safety Standards. A copy of the
proposed amendments is available for public
review at City Hall, 216 E. Park Street, McCall,
Idaho during regular business hours.
The public is encouraged to attend and give
comment.
Gary P. Shimun, City Manager/Zoning
Administrator It11/23
Publisher's Affidavit of Publication
STATE OF IDAHO
.SS
County of Valley
I, Ramona A. French, being duly sworn and say, I am the receptionist
of The Central Idaho Star -News, a weekly newspaper published at McCall, in
the County of Valley, State of Idaho; that said newspaper is in general
circulation in the county of aforesaid and is a legal newspaper; that the
NOTICE OF PUBLIC HEARING, a copy of which is enclosed hereto and is a
part hereof, was published in said newspaper once a week for one consecutive
week in the regular and entire issue of every number there of during the period
of time of publication, and was published in the newspaper proper and not in a
supplement; and that publication of such notice began April 20, 1995 and
en . April 20, 1995.
ub.cribed and
STATE OF IDA , O
orn before me thi the 20th day of April, 1995.
COUNTY OF VALLEY . _
On this 20th day of April, in the year of 1995, before me, a Notary
Public, personally appeared Ramona A. French, known or identified to me to
be the person whose name subscribed to the within instrument, and being by
me first duly sworn, declared that the statements therein are tru and acknowl-
edged to me that she executed the same.
Tom Grote
Notary Public for Idaho
Residing at McCall, Idaho
Commission Expires: 1999
NOTICE OF PUBLIC HEARING
On May 8, 1995, at 7:30 P. M. or as soon!
thereafter as the matter may be heard, the City I
of McCall City Council and the Valley County I
Board of County Commissioners will together
hold a public hearing et 216 E. Park Street, 1
McCall; Idaho: (that is, at City Hall, in the
American -Legion meeting. room) to consider i
Ordinance 670, an. Ordinance of the City of !
McCall, Idaho; RELATING TO ZONING;
` AMENDING THE ZONING ORDINANCE
AS TO PERMITTED, CONDITIONAL, AND
• PROHIBITED USES, AND DEVELOPMENT
STANDARDS, IN ZONESR-10, R-5, AND
R-1; AS TO DEVELOPMENT STANDARDS
;• IN ZONE A; AS TO CONDITIONAL USES, j
+; IN ZONE I; AS TO FENCES,AND DRY
CABINS; AS TO TECHNICAL MATTERS
RELATING TO WATERFRONT- SET-
BACKS, SCENIC ROUTE DISTRICT
PROPERTY ALTERATION REVIEWS,
RECORD OF SURVEY ELIGIBILITY,
STREET STANDARDS, AND SIGNS; AND•
PROVIDING AN EFFECTIVE: DATE. Cop-
ies of such Ordinance are available for '
inspection at: McCall City Hall front desk, 216
E: Park Street, McCa11, Idaho.
The proposed Ordinance addresses the top-
ics set out as follows:
Section 1 Zone R-10 is amended to•add
home occupations as a permitted use.
Section 2, Zone R-10 is amended to modify
• prohibited uses so as to clarify that certain
machinery and vehicles intended for use on site
only will not be prohibited, and that up:to two
inoperable motor vehicles may be kept if being
made operable.
Section 3,,Zone R-10 is amended, so as to
5• 'set out in full the developmentstandards that
• were previously.cross-referenced; and to make
technical. changes: to compute the ten -acre lot
size requirement as net acreage, rather than
overall gross acreage, to increase lot width
requirements to 300 feet minimum and375 feet
average, to make from -the -right-of-way set-
backs a 30 foot minimum, to clarify
• building -to -building, setback measurements,
clarifyy driveway width Maximums, to !fink the
four -foot height restriction on frontage fences
to sight -obscuring fences, and to delete certain
waste collection requirements.
Section 4, Zone R-5 is amended to add
. home occupations as a permitted use.
Section 5. Zone R-5 is amended' to clarify
that, certain machinery, and vehicles. intended
for use on site only will not be prohibited, and
that up to two inoperable motor vehicles may
be kept if being made operable.
Section 6, Zone R-5 is amended, so as to
include development standards. previously
cross-referenced; and to make technical
dards are amended -to make barbed wire fences
a permitted fence in the R-10, R=5, and R-1
zones where used as pasture or perimeter fenc-
ing, and for adjacent landowners to work out
other fencing where denser residential devel-
opment • occurs, to regulate higher -wattage
antennas, to clarify that accessory building
bunkhouses adjacent to dwellings are not pro-
hibited as dry cabins, and prohibiting occupancy
of dry cabins.
Section 14, The Shoreline and River Envi-
rons overlay District, is amended to provide for
the method of measuring setback from the
water and certain other technical amendments
to terminology used for lake and river setbacks:
Section 15. The Scenic Route District is
amended to simplify procedures in more rou-
tine situations, and to delegate certain decisions
to the Administrator.
Section 16, The record of survey approach
to City approval of divisions of land that do not
merit application of full subdivision proce-
dures, is amended to clarify.- certain existing
eligibility requirements and to add a provision
for combination of nonconforming lots of
; record, and a"provision for minor changes to
plats; and is further amended to provide that the
Administrator need not ask the Commission
for permission tense this procedure:
Section 17, Section 3-21-260 (E), relating
to Subdivisions, is amended to require use of
the ISPWC standards and materials specifica-
!- tions in the construction of streets.
Section 18, Section 3-24-020 (A) is
amended to remove ambiguities by providing
for the method of measurement of non -rectan-
gular signs.
Section 19, Section3-24-060 is amended to • '.
correctgrammar, and to permit landscape light-
ing, holiday decorations subject to approval of.
the Administrator, to clarify the relationship
between the prohibited signs section and the
temporary signs section, and to prohibit use of
a motor vehicle as a sign.
Section 20,Section 3-21-180 is amended to.
make a technical change to the prohibition of
lot sale closing prior to recording of the plat:
Section 21;Section 3-21-190 is amended to
correct a cross-reference.
Section 22, Section 3-27-020 (A), relating
to Health and Safety Requirements, is amended•
to prohibit waste matter dumping on the ground
except where otherwise lawfully done inside a
building or sight -obscuring fence, and defines ,!
waste matter.
Dated: April 17, 1995
I • James H. Henderson, City Clerk 1t4/20
suremeut.-..•-- cress*,�.^ and to ':
toli fence to sightobscuring fences, age fences to s collection requirements. i
delete certain wasteowned land ',
e do Zone R-1 is amended to permit
• •.accessory uses to be oncom commonly
certain animal s
.near the residence, to make
a permitted use, and to add home
koccupattonsas a pereutted uamcnded to make
ectien$ Zone ►n no longer a '
that same kind of animal keeping
Se,Nn2 Zone R-1 is amended, so as to
conditional use. revioitsly
t' development. standards ,p
include develop and to make technical 1
cross -es: to compute the one -acre lot size re- ';
changes: to•s net acreage,rather than overall
q gross
acreage,
as to increase lot width require-
gross to
loo tminimumand•120e baverage,
V a 30
to• make, fro a the-right-of-'vay building
make: from -the -right-of-way
permit accessory. present !i
foot .minimum, 'tope the
htstobel5feeaburathding�setbacmea- '
' wa;toll cla building _
°" l0;ement , driveway, widthma?timums,,
suremttheflarify, four
- Is
sight -obscuring fences, and to
toliniitthefour-footheig uuements,
age feces to sig to make ,
delete certain waste collection Aiarn ed
ect Zone A • lotwidtho acre s
technicat'changeSrespecting tto require-
f e'whatappeared
'; menu, i.e. to mak� width. provide width a minimum ovide
' ea Zone t . amend'ed•to p
for accessory buildings in the high-densityt
residential zone to have colors
ures
r similar to the residence, unless
r nee amiss to
- ',
proved by: the Commission .
meet fire -protection standards. amended to. • ilusesas 13
030is?m
•
• and certain retail usesas
of the remaining
ditional use in the '.,
Industrial undeveloped the adequacyindstrial land in the aznounngJurisdict ontobetakenintoconsider- -s
'�, Planning -
ation. velopment Stan s
,e t General I�
Publisher's Affidavit of Publication
STATE OF IDAHO
.ss
County of Valley
I, Ramona A. French, being duly sworn and say, I am the receptionist
of The Central Idaho Star -News, a weekly newspaper published at McCall, in
the County of Valley, State of Idaho; that said newspaper is in general
circulation in the county of aforesaid and is a legal newspaper; that the
NOTICE OF RESOLUTION 14-95, a copy of which is enclosed hereto and is a
part hereof, was published in said newspaper once a week for one consecutive
week in the regular and entire issue of every number there of during the period
of time of publication, and was published in the newspaper proper and not in a
supplement; and that publication of such notice began July 13, 1995 and
ended July 13, 1995.
Su:-cribed and swor
STATE OF IDAHO
COUNTY OF VALL
this the 13th day of July, 1995.
On this 13th day of July, in the year of 1995, before me, a Notary
Public, personally appeared Ramona A. French, known or identified to me to
be the person whose name subscribed to the within instrument, and being by
me first duly sworn, declared that the statements therein are true, and acknowl-
edged to me that she executed the same.
Tom Grote
Notary Public for Idaho
Residing at McCall, Idaho
Commission Expires: 1999
RESOLUTION NO.14- 95
A RESOLUTION OF THE CITY COUN-
CIL OF THE CITY OF McCALL, IDAHO,
APPROVING A SUMMARY OF ORDI-
NANCE 670.
WHEREAS the Idaho Code permits publi-
cation of ordinances by publication of a
summary of the ordinance; and Ordinance 670
is extremely lengthy,
. BE IT RESOLVED by the Mayor and
Council of the City of McCall that: •
Section 1. The attached summary of Ordi-
nance 670 is approved and shall be published in
lieu of publication of the Ordinance
Passed and approved June 30, 1995
Dean A. Martens, Mayor
AI -LEST: James H. Henderson, City Clerk "
Ordinanbe 670, is an Ordinance of the City
of McCall, Idaho, RELATING TO ZONING;
AMENDING- THE ZONING ORDINANCE
AS TO PERMI 111D, CONDITIONAL, AND
PROHIBITED USES, ANDDEVELOPMENT
STANDARDS, IN ZONES"R-10, R-5, AND
R-1; AS TO DEVELOPMENT STANDARDS
IN ZONE A; AS TO CONDITIONAL USES
IN ZONE I; AS TO FENCES, AND DRY
CABINS; AS TO TECHNICAL MATTERS
RELATING TO WATERFRONT SET -
.BACKS, SCENIC ROUTE DISTRICT
PROPERTY ALTERATION REVIEWS,
RECORD OF SURVEY ELIGIBILITY,
STREET STANDARDS, AND SIGNS; AND
PROVIDING AN EH- ECTIVE DATE.. Cop-
ies of such Ordinance are available for,
inspection at: McCall City Hall front desk, 2161
E. Park Street, McCall, Idaho.
The Ordinance addresses the topics set out
as follows:
Section 1. Zone R-10 amended to add I
home occupations as a permitted use.
Section 2. Zone R-10 is #mended to modify
prohibited uses so as to clarify that certain
machinery and vehicles intended for use on site
only will not be prohibited,\ and that up to two
inoperable motor vehicles may be kept if being
made operable.•
Section 3. Zone R-10 is amended, so as to
set out in full the development standards that
were previously cross-referenced; and to make.
technical changes: to compute the ten -acre lot
size requirement as net acreage, rather than
overall gross acreage, to increase lot width
requirements to 300 feet minimum and 375 feet
average, to make from -the -right-of-way set-
backs a 30 foot minimum, to clarify
building -to -building setback measurements,
clarify driveway width maximums, to limit the
four -foot height restriction on frontage fences'
to sight -obscuring fences, and to delete certain.
waste collection requirements. '
Section 4. Zone R-5 is amended to add
home occupations as a permitted use.
Section 5. Zone R-5 is amended to clarify
that certain machinery and vehicles intended
for use on site only will not be prohibited, and
that up to two inoperable motor vehicles may
be kept if being made operable.
Section 6. Zone R-5 is amended, so' as to
include development standards previously
cross-referenced; and tol make technical
changes: to compute the five -acre lot size re-
quirement as net acreage, rather than overall
gross acreage, to increase !lot width require-
ments to 200 feet minimum arid 250 feet average,
to fnake from -the -right-of-way setbacks a 30
foot minimum, to permit accessory building
wall:�tmeights to be 15 feet rather than the present
10, to clarify building -to -building setback mea-
surements, clarify driveway width maximums,
to limit the four -foot height restriction on front-
age fences to sight -obscuring fences, and to
delete certain waste collection requirements.
Section 7. Zone R-1 is amended to permit
accessory uses to be on commonly owned land
Pear the. residence, to make certain animal
keeping a permitted use; and to add home
occupations,as a permitted use.
Section 8. Zone R-1 is amended to make
that same kind of animal keeping no longer a
conditional use.
Section 9. Zone R-1 is amended, so as to
include development standards •previously
cross-referenced; and to make technical
changes: to compute the one -acre lot size re-
quirement as net acreage, rather than overall
gross acreage, to increase lot width require-
ments to 100 feet minimum and 120 feet average,
to make from -the -right-of-way setbacks a 30
foot minimum, to permit accessory building
wall heights to be 15 feet rather than the present
10, to clarify building -to -building setback mea-
surements, clarify driveway width maximums,
to limit the four -foot height restrictionon front-
age fences to sight -obscuring fences, and to
delete certain wastecollection requirements. •
Section 10. Zone A is amended to make
technical changes respecting lot width require-
ments, i.e. to make what appeared to be a fixed
width a minimum width.
Section 11. Zone A is amended to provide
for accessory buildings in the high -density
residential zone to have colors and textures
similar to the residence, unless otherwise ap-
proved by the Commission or necessary to
meet fire -protection standards.
Section 12. Section 3-13-030 is amended
to add certain retail uses as a conditional use in
the Industrial, zone, the adequacy of the remain-
ing amount of undeveloped industrial land in
the Planning1Jurisdiction to be taken into con-
sideration.
Section 3. General Development Stan-
dards are atnended to make barbed wire fences
a permitted fence in the R-10, R-5, and R-1
zones where.used as pasture or perimeter fenc-
ing, and for adjacent landowners to work out
other fencing where denser residential devel-
opment occurs, to regulate higher -wattage
antennas, to` clarify that accessory building
bunkhouses adjacent to dwellings are not pro-
hibited as dry1cabins, and prohibiting occupancy
of dry cabins'.
Section 1.4. The Shoreline and River Envi-
rons overlay District, is amended to provide for
the method ;of measuring setback from the
water and certain other technical amendments
to terminology used for lake and river setbacks.
Section 15. The Scenic Route District is
amended to simplify procedures in more rou-
tine situations, and to delegate certain decisions
to the Administrator. -
Section 16. The record of survey approach
to City approval of divisions of land that do not
merit application of full subdivision proce-
dures .is amended to clarify certain existing
eligibility requirements and to add a provision
for combination of nonconforming Lots of
record, and a provision for minor changes to
plats; and is further amended to provide that the
Administrator need not ask the Commission
for permission to use this procedure.
Section 17. Section 3-21-260 (E), relating
to Subdivisions, is amended to require use of
the ISPWC standards and materials specifica-
tions in the construction of streets.
Section 18. Section 3-24-020 (A) is
amended to remove ambiguities by providing
for the method of measurementtof non-rectai
gular signs.
Section 19. Section 3-24-060 is amended I
correct grammar, to permit landscape lightir
and holiday decorations subject to'approval
the Administrator, to clarify the relationshl
between the prohibited signs section and It
temporary signs section, and to prohibit use
a motor vehicle as a sign.
Section 20. Section 3-21-180 is amended i
make a technical change to the prohibition
lot sale closing prior to recording of the plat
Section 21. Section 3-21-190 is amended I
correct a cross-reference.
' Section 22. Section 3-21-270 is amended i
clarify approval authority respecting subdiv
sion improvements, and to clarify for who:
benefit the Subdivision Agreement is give
and for whose benefit security for its perfo
mance is posted.
Section 23. Section 3-27-020 (A), relatin
to Health and Safety Requirements, is amende
to prohibit waste matter dumping on the group
except where otherwise lawfully done inside
building or sight -obscuring fence, and define
waste matter. •
STATEMENT OF CITY ATTORNEY
The above summary of Ordinance 670
true and complete and provides adequate nc
tice to the public.
Dated: June 30,"1995
Edward G. Burton, City Attorney lt7/13
ORDINANCE NO. 671
AN ORDINANCE OF THE CITY OF McCALL, IDAHO, REPEALING AND RE-
ENACTING CHAPTER 7 OF TITLE 5 OF THE McCALL CITY CODE, RELATING TO
DOG CONTROL; PROVIDING FOR A MISDEMEANOR TO BE KNOWN AS
IGNORING AN INFRACTION CITATION; AND PROVIDING AN EFFECTIVE
DATE.
BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF McCALL,
IDAHO, AS FOLLOWS:
Section 1. McCall City Code Title 5, Chapter 7, not having been previously revised
and modernized, is repealed and re-enacted to read as follows:
Chapter 7
DOG CONTROL
Section:
5-7-010: Definitions
5-7-020: Administration
5-7-030: City Pound
5-7-100: License; Fee
5-7-110: Kennel Fee
5-7-120: Rabies Vaccination; Neutered Status
5-7-130: License to be Attached to Dog Collar
5-7-200: False Representations
5-7-210: Imitation License
5-7-220: Running at Large Prohibited
5-7-230: Female Dogs in Heat
5-7-240: Nuisance Dogs
5-7-250: Fierce and Dangerous Dogs
5-7-260: Interference Unlawful
5-7-270: Failure to Provide Care
5-7-300: Impounding of Unlicensed or At-Large Dogs
5-7-310: Disposition of Impounded Unlicensed Dogs
5-7-320: Disposition of Impounded Licensed Dogs
5-7-330: Quarantine of Dogs
5-7-340: Disposition of Diseased Dogs and of Fierce and Dangerous Dogs
5-7-350: Records
5-7-360: Penalties
5-7-010: DEFINITIONS: As used in this Chapter the term
(A) "bitten" means had seized, pierced, or cut with the teeth or with the jaws, other than when done by a
puppy less than four months old, in play; and "seized" in this regard means with sufficient force to scratch
or bruise, or to pierce, cut or tear clothing.
(A) "dog" means either a male or a female member of the biological family Canidae, including Canis familiaris,
and including also any other member of that family at any time owned, pos:~essed, or harbored.
(B) "fierce and dangerous dog" means a dog (other than a dog belonging to a law enforcement
agency and acting pursuant to direction of its law enforcement handler} which dog
1. has without justification bitten a human being; for purposes of this definition, it is not
justification that the human being when bitten was interfering with the dog's attack upon
another human being or animal; or
2. has menaced a human being which human being was not on the property of the dog's Owner;
ORDINANCE NO. 671 repeal and re-enactment of MCC 5-7 page 1 of 6
printed October 24,1994 as adopted October 13,1994
(C) "menace" means to engage in unfriendly behavior which if committed by a human being would
constitute an assault or a battery within the meaning of Chapter 3 of this Title; and
(D) "Owner" means any person owning, possessing, harboring or having in his or her control a dog
within the City, and "own" means owning, possessing, harboring or having in his or her control.
(E) "Private Property Open to Enforcement" means: private property open to the public; and
condominium or P.U.D. common area; and condominium limited common area which is not
reserved for the use of the Owner; and the common use areas of a mobile home park, or travel
trailer court or park; and any other premises with respect to which a person with a right of
possession superior to the Owner's has invited the Department to attend to a matter involving an
Owner's dog.
(MCC 5-7- 170 of 1992; am. Ord. 671, 10-13-94)
5-7-020: ADMINISTRATION: The administration and enforcement of this Chapter shall be in the
Department, except that the Clerk shall collect license fees and issue license tags. Being an Owner in the
City, and the purchasing of a license, either or both, constitutes consent to the provisions of this Chapter.
This Chapter is enacted in the interests of public health, public safety, and the prese+vation of the public
peace. (MCC 5-7- 200, 240 of 1992; am. Ord. 671, 10-13-94)
5-7-030: CITY POUND: The Department shall maintain and operate a City Pound for the keeping
and disposing of any dog impounded according to the provisions of this Chapter. (MCC 5-7- 210 of 1992)
5-7-100: LICENSE; FEE: No Owner shall own a dog older than 4 months of age within the City
without paying a license fee for such dog. The amount of the license fee for a male dog which has been
neutered, for a female dog which has been spayed, for a female dog not spayed, and for a male dog not
neutered shall be fixed for each such category from time to time by resolution of the Council. No license
fee shall be paid for less than one year. License fees shall be paid to the City Clerk, and licenses shall be
issued by the City Clerk; license fees are due on or before January 2 of each year, or within 10 days after
the Owner acquires the dog, whichever later occurs. The Clerk shall furnish with each receipt a metal
license tag which shall be stamped with the number to correspond with the number of the receipt and the
fiscal year for which issued. The Clerk shall keep a suitable record of the receipts issued under the
provisions of this Chapter. (Ord. 416, 11-3-80; MCC 5-7- 010, 020, 030, 110 of 1992; amd. Ord. 499, 8-18-86)
5-7-110: KENNEL FEE: The Owner at any one time of 3 or more dogs over 4 months of age shall,
in addition to the license fees provided in this Ordinance, pay a kennel license fee fixed from time to time
by resolution of the Council. (Ord. 321,3-73; MCC 5-7- 140 of 1992; am. Ord. 671, 10-13-94)
5-7-120: RABIES VACCINATION; NEUTERED STATUS: No Owner shall own a dog older than 4
months of age within the City without that dog's having been vaccinated against rabies by or under the
direct supervision of a veterinarian licensed or legally permitted to practice veterinary medicine in Idaho
with a rabies vaccine currently licensed as such by the United States Department of Agriculture. A dog
more than 3 months of age that is acquired or moved into the City must be vaccinated within 30 days of
purchase or arrival, unless there is documented evidence of current vaccination in another jurisdiction. No
license shall be issued for any dog unless the Owner shall present to the Clerk at the time of payment of
the license fee for such dog, a certificate of such a veterinarian that such dog has been currently
vaccinated for rabies with such a vaccine. The Owner shall also present to the Clerk at that time the
certificate of a licensed veterinarian that such dog has been spayed or neutered, if such status is claimed.
(Ord. 499, 8-18-86; MCC 5-7- 120 of 1992; am. Ord. 671, 10-13-94)
5-7-130: LICENSE TO BE ATTACHED TO DOG COLLAR: The Owner at the Owner's expense
shall attach the metal license tag to a collar kept upon the neck of the dog so licensed. (1949 Code; MCC 5-7-
050 of 1992; am. Ord. 671, 10-13-94)
5-7-200: FALSE REPRESENTATIONS: No Owner shall make a false representation as to the time
during the license year when a dog under that Owner's control was brought into the City, for the purpose
of avoiding paying the amount of license required of him by the provisions of this Chapter. To do so is a
misdemeanor. (1949 Code; MCC 5-7- 130 of 1992; am. Ord. 671, 10-13-94)
ORDINANCE NO. 671 repeal and re-enactment of MCC 5-7 page 2 of 6
printed October 24,1994 as adopted October 13,1994
5-7-210: IMITATION LICENSE: No Owner shall suffer or cause a number and collar to be put or
kept on any dog with intent to avoid payment of a license fee. To do so is a misdemeanor. (MCC 5-7-100 of
1992; am. Ord. 671, 10-13-94}
5-7-220: RUNNING AT LARGE PROHIBITED: No Owner shall suffer a dog owned, possessed, or
harbored by that Owner, or in that Owner's control, to be found at large upon the streets or alleys of the
City, or in any public place in the City, or upon Private Property Open to Enforcement, except when such
dog is:
(A) attached to and controlled by a leash not exceeding eight feet (8') in length.
(B) confined in a motor vehicle. (Ord. 362, 12-5-77; am. Ord. 671, 10-13-94)
(C) in an area of the public park or other public grounds of the City which the Council has designated for
use, subject to such rules and regulations as may be prescribed, for the training or exercise of dogs
and is under the effective control of a responsible person by whistle, voice or other command.
The Department may enter upon Private Property Open to Enforcement, for the purposes of
enforcement of this Section. (Ord. 362, 12-5-77; MCC 5-7- 180, 190 of 1992; am. Ord. 671, 10-13-94)
5-7-230: FEMALE DOGS IN HEAT: No Owner of any female dog shall permit or suffer the same to
run at large while in heat. To do so is a misdemeanor. (Ord. 316, 5-1-72; MCC 5-7-~ 090 of 1992; am. Ord. 671,
10-13-94)
5-7-240: NUISANCE DOGS: No Owner of any dog shall fail to exercise proper care and control of
such dog to prevent it from becoming a nuisance by excessive, continuous or untimely barking, by
molesting passersby, by chasing vehicles, by attacking other domestic animals, or by trespassing upon
public or private property in such a manner as to damage the property, including but not limited to by
defecating and urinating thereon. To do so is a misdemeanor. (Ord. 367, 6-5-78; MCC 5-7- 150 of 1992; am.
Ord. 671, 10-13-94)
5-7-250: FIERCE AND DANGEROUS DOGS: A fierce and dangerous dog is a public nuisance. No
Owner of a fierce and dangerous dog shall under any circumstances ever suffer the same to be at large. To
do so is a misdemeanor. Each day that such dog is suffered to be at large shall constitute a separate violation
of this Ordinance. A fierce and dangerous dog which commits an act after September 8, 1994, which act is a
defining act of being a fierce and dangerous dog, shall be impounded unless the Owner places such dog in
quarantine with a licensed veterinarian as provided below. (Ord. 362, 12-5-77; MCC 5-7- 070 of 1992; am. Ord.
671, 10-13-94)
5-7-260: INTERFERENCE UNLAWFUL: It shall be unlawful for any person to hinder or molest any
person who may be engaged in seizing, keeping or removing any dog, or who is lawfully engaged in killing
the same or removing the carcass in conformity with the provisions of this Chapter. To do so is a
misdemeanor. (Ord. 608, 5-28-92; MCC 5-7- 120, 220 of 1992; am. Ord. 671, 10-13-94)
5-7-270: FAILURE TO PROVIDE CARE: It shall be unlawful for any Owner to fail to provide a dog
with sufficient good and wholesome food and water, proper shelter and protection, veterinary care, when
needed to prevent suffering, and humane care and treatment. To do so is a misdemeanor. The
Department may impound such a dog for its protection; disposition shall be as provided below. (Ord. 316,
5-1-72; MCC 5-7- 160 of 1992; am. Ord. 671, 10-13-94)
5-7-300: IMPOUNDING OF UNLICENSED OR AT-LARGE DOGS: All doggy not licensed and
collared as herein provided, and all dogs found running at large, and all fierce and dangerous dogs, are
hereby declared to be public nuisances and are subject to being taken up and im;~ounded by the
Department. Every dog so impounded shall be retained in the pound for a period of 48 hours. The Owner
of a dog, other than a diseased or fierce and dangerous dog, may redeem the same by procuring any due
or overdue license, and paying in addition thereto an impoundment fee together with a sum per day for
the board and care of such dog fixed for each such category from time to time by resolution of the Council.
(Ord. 316, 5-1-72; MCC 5-7- 060, 250, 260 of 1992; am. Ord. 671, 10-13-94)
5-7-310: DISPOSITION OF IMPOUNDED UNLICENSED DOGS: At the expiration of 48 hours after
the impounding of an unlicensed dog, other than a diseased or fierce and dangerous dog, the
Department is authorized to transfer such dog to any person not the Owner thereof for a sum deemed
ORDINANCE NO. 671 repeal and re-enactment of MCC 5-7 page 3 of 6
printed October 24,1994 as adopted October 13,1994
reasonable by the Department; the person adopting such dog shall pay for a license and deposit a sum to
secure neutering of the dog, which deposit is returnable upon furnishing to the Department proof of
neutering. Incase such dog is not redeemed or sold as herein provided, the Department shall kill the
same, or deliver the dog to a veterinarian for destruction, in either case in a humane manner, and the
carcass shall be disposed of either by burial or cremation. (1949 Code; Ord. 316, 5-~-72; MCC 5-7- 070, 250,
260 of 1992; am. Ord. 671, 10-13-94)
5-7-320: DISPOSITION OF IMPOUNDED LICENSED DOG: Any impounded licensed dog shall be
kept at least an additional 72 hours. The Department shall within such five days of impoundment make a
reasonable and diligent effort to notify the Owner or a representative of the Owner that impoundment has
occurred. If the Owner of such a dog, other than a diseased or fierce and dangerous dog, pays any due or
overdue license fees, and the costs and fees of the pound, the Department shall release the dog to the
Owner; otherwise, the Department may dispose of a dog, as provided in Section 5-7-310. (Ord. 316, 5-1-
72; Ord. 337, 1-28-75; MCC 5-7- 070, 250, 260 of 1992; am. Ord. 671, 10-13-94)
5-7-330: QUARANTINE OF DOGS:
(A) Any impounded dog may be quarantined, if the Department suspects it may be diseased.
(B) Any fierce and dangerous dog having bitten a human being or another animal must be quarantined.
(C) Any dog may be impounded and must be quarantined if bitten by an animal suspected by the
Department of being rabid.
(D) In the event of quarantine, the Owner shall, or if the Owner fails or refusss to do so, the Department
shall deliver the dog to a licensed veterinarian for safekeeping and observation for not less than 10
days according to that veterinarian's best professional judgment as to the period and methodology
of observation for diseases communicable to humans, including rabies. The cost of such
quarantining shall be borne by the Owner as an item of restitution in any prosecution for a violation
of this Chapter, or as part of the fee for an otherwise lawful redemption of the dog.
(E) Restitution or fees received with respect to quarantining shall be considered revenue allocable to
the budget for animal control. Should the Owner request in writing that the dog be humanely
destroyed in lieu of quarantining, quarantine shall proceed only to the extent necessary to rule out
any risk of a bite victim's exposure to rabies going undetected.
(Ord. 608, 5-28-92; am. Ord. 671, 10-13-94)
5-7-340: DISPOSITION OF DISEASED DOGS AND OF FIERCE AND DANGEROUS DOGS:
(A) Any impounded or quarantined dog, licensed or unlicensed, suffering from serious injury or disease,
may be humanely destroyed at the discretion of the Department, and mu ~t be so destroyed if a
licensed veterinarian determines that the dog is afflicted with rabies or other fatal disease or injury.
(B) Any impounded or quarantined, licensed dog, afflicted with an incurable and debilitating, but not
necessarily fatal, disease or injury must be humanely destroyed, unless redeemed by the Owner
within five days after the report of the results of quarantine or medical examination is available to
the Owner at the office of the veterinarian.
(C) Any impounded or quarantined, unlicensed dog, afflicted with an incurable and debilitating, but
not necessarily fatal, disease or injury must be humanely destroyed.
(D) A Police Officer or Sheriff's Deputy within the City may at any time kill a dog found running at large (it is
hoped the brain of the dog will not be damaged by the killing), when in the judgment of that officer
1. probable cause exists that the dog is a fierce and dangerous dog that has bitten a human
being or is currently menacing a human being, and
2. it is not practicable safely to impound the dog.
(E) It shall be lawful for any person acting in good faith to kill such a dog in defense of a human being
under circumstances that injury has already occurred and continued injury is threatened, or that
clear and present danger of physical injury to that person exists (it is hoped the brain of the dog will
not be damaged by the killing); such a killing of a dog must be promptly reported to the Department.
ORDINANCE NO. 671 repeal and re-enactment of MCC 5-7 page 4 of 6
printed October 24,1994 as adopted October 13,1994
(F) If a dog is impounded which the Department believes is a fierce and dangerous dog the Department
shall either issue a citation under this Chapter for an offense one element of which is a fierce and
dangerous dog, or shall give notice to the owner that the dog is considered fierce and dangerous,
and that the owner has ten days within which to file a written request for a hearing in the matter.
(G) If a citation was issued, and should the prosecution result in an adjudication of guilty, the dog in
question is determined to be fierce and dangerous as of the time of such adjudication or the final
adjudication upon any appeal from the same.
(H) If no citation was issued, and the Owner files a written request for a hearing in the matter, the same
shall be set by the City Manager and before the City Manager or a hearing officer designated by
him in the notice of hearing, for a time not less than 15 nor more than 30 days after that written
request is received. Notice shall be given to the Owner, to the Department, to the City Attorney,
and to any victim known to the Department; failure to give notice to a victim shall not be
considered a jurisdictional defect. At the hearing, and after listening to the witnesses, the City
Manager shall reach a determination and give a copy of the same to all persons receiving notice of
the hearing. An appeal from the decision of the City Manager may be lodged by filing a written
notice of such appeal with the City Manager and otherwise as provided in Idaho Rules of Civil
Procedure, Rule 83(c) and following, to be heard as an appellate proceeding.
(I) In the event a dog is determined to be fierce and dangerous as provided in subsection (G) or (H)
above, or if the owner does not dispute the matter, the dog shall be humanely destroyed after the
final adjudication under prosecution, the completion of the administrative determination and any
appeals, or the running of the time for the filing of a written request for hearing without any such
request being filed, whichever is the chain of events, unless the Owner within ten days thereafter
provides:
1. A securely fenced enclosure in which the dog is kept at all times out of which enclosure the
dog cannot escape and into which enclosure no child can gain entrance, and through which
enclosure no child can insert any part of its body; without limiting the generality of the
foregoing, such enclosure must have a top and a bottom as well as sides, and the sides,
top, and bottom must be securely and continuously connected; provided that such dog
may also be within the Owner's dwelling, or outside that dwelling and enclosure when
securely attached to a leash as provided below in this subsection; or
2. A surety bond in the amount of $500,000 in favor of the City against the running at large of
the dog; and public liability insurance in such amount to indemni~y any person injured by
such dog , to include all medical expenses, loss of income, and other damages whether or
not special; in the event such bond and insurance are provided, the dog shall at all times be
in the Owner's dwelling, or under physical restraint fully capable of preventing the dog from
going anywhere off the Owner's property, or securely attached to a leash as provided below
in this subsection.
"Securely attached to a leash" means attached to a leash eight feet long ar shorter, held by a person,
which leash and person are fully capable of preventing the dog from going anywhere unintended by
the person holding the leash; and such person shall at all times fully cortrol the dog so as to prevent
its becoming detached from the leash and to prevent its physically contacting a member of the public;
a failure to maintain that control is a misdemeanor.
(Ord. 362, 12-5-77; MCC 5-7- 080, 340 of 1992; am. Ord. 671, 10-13-94)
5-7-350: RECORDS: The Department shall keep a record of all dogs impounded, which record shall
contain a description of the dog, the place where, and the date when, taken into custody or when delivered
to the City Pound, and showing the disposition of the same. (Ord. 608, 5-28-92; MCC 5-7- 230 of 1992; am. Ord.
671, 10-13-94)
5-7-360: PENALTIES: Any violation of this Chapter (Section 5-7- 010, et seq.) not otherwise
classified in the relevant section is an infraction; except that any violation is a misdemeanor if injury to a
person or property results. (MCC 5-7- 310 of 1992)
ORDINANCE NO. 671 repeal and re-enactment of MCC 5-7 page 5 of 6
printed October 24,1994 as adopted October 13,1994
Section 2. McCall City Code Title 5, Chapter 2, is amended by the addition of the
following new subsection to Section 5-2-020 entitled CRIMINAL AND CIVIL PENALTIES:
(F) A person to whom an infraction citation or parking ticket is issued under this Titie shall either make
payment of such citation or ticket as indicated on it, or shall appear and contest the citation or
ticket as indicated on it; a person who does neither with respect to a citation or ticket violates this
subsection and thereby commits a misdemeanor to be known as "Ignoring a Citation," the last
essential fact of the commission of which misdemeanor occurs by failure to appear in open court
or before the Court Clerk; and a bench warrant may be issued for that person's arrest on or after
the return date on the citation or ticket. (Ord. 608, 5-28-92; am. Ord. 671, 10-13-94)
Section 3. This Ordinance shall be in full force and effect from and after its passage,
approval and publication as required by law.
Passed and approved October 13,1994.
A
Dean Martens
Mayor
James H. Henderson,
City Clerk
ORDINANCE NO. 671 repeal and re-enactment of MCC 5-7 page 6 of 6
printed October 24,1994 as adopted October 13,1994
City of 1VIcCa11
Ce~-tifieate of Recording ®fficer
State of Idaho
County of Valley
I, the undersigned, the duly appointed, qualified, City Clerk of the City of McCall, Idaho, do hereby
certify the following;
1. That pursuant to the provisions of Section 50-207, Idaho Code, I keep a correct journal of the
proceedings of the Council of the City of McCall, Idaho, and that I am the statutory custodian of all laws,
ordinances and resolutions of said City.
2. That the attached Ordinance No. 671 is a true and correct copy of an ordinance passed at a
regular meeting of the Council of the City of McCall held on October 13, 1994, and duly recorded in my office;
and
3. That said regular meeting was duly convened and held in all respects in accordance with law and
to the extent required by law, due and proper notice of such meeting having been given; that a legal quorum was
present throughout the meeting and that a legally sufficient number of members of the Council voted in the proper
ananner and for the passage of said ordinance; and that all other requirements and proceedings incident to the
proper adoption and passage of said ordinance have been duly fulfilled, carried out and observed; and that I am
authorized to execute this certificate..
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of the City of McCall,
Idaho this 25th day of October 1994.
James H. Henderson, City Clerk