HomeMy WebLinkAboutOrd No 1225 - Animal ControlInstrument # 430995
REXBURG, MADISON, IDAHO
5-21-2020 02:20:02 PM No. of Pages: b
Recorded for: CITY OF REXBURG
KIM H. MUIR Fee: O.OD
Ex -Officio Recorder Deputy
C1 TY O F
REXBURG
America's ramify Community
ORDINANCE NO. 1225
City of Rexburg Animal Control
AN ORDINANCE PROVIDING FOR THE LICENSING OF DOGS;
PROHIBITING DOGS FROM RUNNING AT LARGE AND
DISTURBING THE PEACE; PROVIDING FOR THE
IMPOUNDMENT OF UNLICENSED DOGS AND DOGS
RUNNING AT LARGE; PROVIDING FOR IMPOUNDMENT
DUTIES OF POLICEMEN AND ANIMAL CONTROL; NOTICE
OF IMPOUNDMENT AND REDEMPTION; PROVIDING
CITATION OF DOG OWNER RATHER THAN IMPOUNDMENT
OF DOG; PROVIDING FOR NON-COMMERCIAL KENNEL
LICENSES; PROVIDING FOR DISPOSITION OF DOGS WITH
RABIES; PROVIDING FOR DESTRUCTION OF DOGS; MAKING
IT UNLAWFUL TO INTERFERE WITH SEIZURE OR
DESTRUCTION OF DOGS; PROHIBITING CRUEL
TREATMENT OF ANIMALS; DEFINING OWNER OF DOG;
PROVIDING PENALTIES FOR THE VARIOUS VIOLATIONS OF
THIS ORDINANCE; REPEALING ORDINANCE NOS 841, 581, 411,
AND CHAPTER 35 OF THE REVISED ORDINANCES AND ALL
OTHER ORDINANCES OR PORTIONS THEREOF IN
CONFLICT HEREWITH; PROVIDING FOR THE EFFECTIVE
DATE OF THIS ORDINANCE.
BE IT ORDAINED BY THE MAYOR AND THE CITY COUNCIL OF THE
CITY OF REXBURG, MADISON COUNTY, IDAHO:
SECTION I: LICENSING OF DOGS. It shall be unlawful for any person or
persons to own, keep or harbor, any dog, male or female over 3 months of age within the City
of Rexburg without obtaining a valid license. The fine for not having a valid license for a dog
is established by resolution and detailed on the City of Rexburg master fee list.
SECTION II: AMOUNT OF LICENSE. Licenses will be provided for all dogs or
cats residing within the City of Rexburg. These licenses shall be valid for one year on condition
that the owner provides appropriate change of address or contact information to the Police
department. The cost amount of licenses is established by resolution and detailed on the City
of Rexburg master fee list. Licenses for animal ownership are non -transferable and a new
license must be issued to the new owner. Failure to provide change of address or contact
information to the Police department within 30 days of such change will invalidate the license
and be punishable by a fine as set forth in Section I.
SECTION III: ISSUANCE OF LICENSE. The Police department shall issue a
license to the dog or cat owner and shall maintain the following information regarding the
license: the date of issue, the name and address and phone number of the owner, the name,
age and sex of the dog or cat; a description of the dog or cat and the number of the license.
The Police department shall furnish with each license a metal tag which shall be stamped
with the number corresponding to the number of the license.
SECTION IV: METAL TAG ATTACHED. The metal tag, as described in
Section III of the Ordinance, shall be attached to a collar and the collar kept on the neck of
the dog. Failure to keep proper identification on the dog will be punishable by a fine
established by resolution and detailed on the City of Rexburg master fee list.
SECTION V: UNLICENSED DOGS - IMPOUNDMENT. All dogs not
licensed and collared, as provided in Sections I, II, and III above, are declared to be a public
nuisance, and all police officers and animal control may take up and impound any dog not so
licensed and collared. The fines for not having appropriate license will be established by
resolution and detailed on the City of Rexburg master fee list.
SECTION VI: DISTURBING THE PEACE UNLAWFUL. It is unlawful for
any person to own, keep or harbor within the limits of the City, where tethered, caged or
otherwise, any animal which by barking howling, yelping, whimpering or whining, or by the
making of other noises, disturbs the quiet of any neighborhood or person. Disturbing the
peace determination will be made by a police officer or animal control after an investigation
of said complaint. Violation of this section of the Ordinance will punishable by a fine
established by resolution and detailed on the City of Rexburg master fee list.
SECTION VII: DOG DEFECATION TO BE REMOVED BY ANIMAL
OWNER.
(A) No person owning, keeping or having in his or her immediate care or custody
any animal shall knowingly fail or neglect to clean up any feces of the animal 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. Failure to immediately clean and property dispose of
feces shall be punishable by a fine established by resolution and detailed on the City of
Rexburg master fee list.
(B) The provisions of subsection A 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 subsection A of 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 animal
cleaning up the feces, then subsection A of this Section will not apply to the animal owner.
SECTION VIII: DOG LEASH REGULATIONS IN CITY OWNED PARKS
Dogs are permitted in city owned parks, provided they remain leashed and under control of
the owner or other duly authorized competent person. Failure to keep dog under control
shall be punishable by a fine established by resolution and detailed on the City of Rexburg
master fee list.
SECTION IX: RUNNING AT LARGE - UNLAWFUL WHEN. Except as
provided by Section X, it is unlawful for any person to cause, permit or allow any dog,
whether licensed or not, to roam, run or stray away from the premises of the owner, unless:
A. Such dog be in the charge of and physically tethered to the owner or some duly
authorized and competent person while controlled by a leash or chain not exceeding
26 feet in length. Electronic or any non -tethering leashes are not acceptable under
this provision.
B. Such dog is safely and securely confined or completely controlled while in any motor
vehicle.
C. Such dog is on any other premises with the consent of the person in possession of
such premises.
Failure to keep the dog under control will be punishable by a fine established by
resolution and detailed on the City of Rexburg master fee list.
SECTION X: RUNNING AT LARGE - EXCEPTION. The City Council may
designate a fenced, off leashed dog area, or "Dog Park" for the training or exercise of dogs,
or holding dog shows or exhibitions. Dogs within such areas need not be controlled by leash
or chain, but shall be under the control of a responsible person and controlled by whistle,
voice or other effective command. Failure to comply with this section will be punishable by
a fine established by resolution and detailed on the City of Rexburg master fee list.
SECTION XI: IMPOUNDMENT DUTIES OF POLICE OFFICERS AND
ANIMAL CONTROL. Police officers and animal control may seize and impound any dog
found to be running at large as provided in Section VII.
SECTION XII: NOTICE OF IMPOUNDED AND REDEMPTION OF
LICENSED DOGS. The owner of every animal properly licensed and displaying the
license as outlined in sections I, II, and IV, seized and impounded shall be notified by the
animal shelter within normal hours of operation following impoundment. Telephonic notice
shall be sufficient when the police officer speaks directly with the owner. Electronic
communication may be used in lieu of telephonic notice where an electronic mail address is
provided and shall be sufficient when sent to the electronic mail address provided on the
application for license. Contact to the residence provided on the application for license,
whether in person by officer, physical door hanger notice, or through postal mail shall be
sufficient. Two contact attempts shall be made and considered sufficient notice as
established above.
Every licensed animal seized shall be retained in the pound for a period of five days while
notice is made telephonically, electronically or physically to the owner of the animal. At any
time while the animal is impounded, the owner or keeper may redeem the animal by paying a
return to owner fee plus a daily boarding fee for every twenty-four hours that the animal has
been held in the animal shelter. The return to owner fees and daily boarding fees are set and
established by resolution and detailed on the City of Rexburg master fee list. This will not
relieve the owner from appearing in the Magistrate's Division of the District Court for
Madison County to answer any charges that may be filed against him for violating any
provision of this ordinance or State of Idaho code. Failure to redeem the animal will forfeit
ownership rights of the animal to the City of Rexburg and subject the owner to an
abandonment penalty established by resolution and detailed on the City of Rexburg master
fee list.
SECTION XIII: IMPOUNDMENT AND REDEMPTION OF
UNLICENSED ANIMALS. All animals seized and impounded that do not have a collar
and license as provided in Sections I, II, and III, and whose ownership is unknown to the
police department or animal control, shall be retained in the pound for a period of 72 hours,
during which time the animal may be released on payment of a return to owner fee plus a
daily boarding fee for every twenty-four hours that the animal has been held in the pound, as
well as obtaining a license. The return to owner fees and daily boarding fees are set and
established by resolution and detailed on the City of Rexburg master fee list. This will not
relieve the owner from appearing in the Magistrate's Division of the District Court for
Madison County to answer any charges that may be filed against him for violating any
provision of this Ordinance or State of Idaho code. Failure to redeem the dog will forfeit
ownership rights of the animal to the City of Rexburg and subject the owner to an
abandonment penalty established by resolution and detailed on the City of Rexburg master
fee list.
SECTION XIV: CITATION - IN LIEU OF IMPOUNDMENT. In lieu of
seizing and impounding any dog found to be running at large in violation of Section VII (the
Leash Law), the police officer or animal control may, if the owner of the dog is known, issue
a citation.
SECTION XV: CITATION - ISSUANCE. The citation shall be issued by the
police officer or animal control by handing a copy of the original to the owner. If the owner
does not appear before the Magistrate on or before the date established on the citation after
he has been notified of the offense, the police officer or animal control who issued the
citation, shall prepare a formal complaint, charging the owner with the offense, including
whether it be a first, second, third or subsequent offense, and present the same to the court
for the issuance of a warrant of arrest.
SECTION XVI: RABIES - QUARANTINE. Animal control shall have authority
to order the owner of any animal showing symptoms of rabies or of any animal which has
bitten any person, to subject the animal to the city animal shelter for quarantine for a period
not to exceed fifteen days. If the animal is determined to be free of rabies following an
examination by a licensed veterinarian at the owner's expense, it shall be returned to the
owner after payment of a bite quarantine fee for the quarantine period plus any additional
boarding fees incurred following the quarantine period, fees are established by resolution
and detailed on the City of Rexburg master fee list. However, if the animal is not redeemed
within five (5) days following the end of the quarantine period and fees are not paid, the
owner will forfeit ownership rights of the animal to the City of Rexburg and may be
subjected to an abandonment penalty established by resolution and detailed on the City of
Rexburg master fee list. In lieu of submitting an animal to the animal shelter for quarantine,
the owner may, at his expense, admit the animal to a veterinarian for the same quarantine
period or an in-home quarantine may be requested by the owner with proof the animal is
current on rabies vaccinations and can be properly quarantined as determined by animal
control. This will not relieve the owner from appearing in the Magistrate's Division of the
District Court for Madison County to answer any charges that may be filed against him for
violating any provision of this ordinance or State of Idaho code.
SECTION XVII: RABIES - DESTRUCTION. Any animal known to be afflicted
with rabies or any animal showing symptoms of rabies and not quarantined or violating the
quarantine as outlined in Section XVI shall be euthanized immediately in as humane a
manner as practical for the safety of the person performing the euthanasia, either by a
licensed veterinarian, at the owners expense, or animal control.
SECTION XVIII: DESTRUCTION OF ANIMALS. Animals that have been
impounded and not redeemed within the time periods established in Sections XII and XIII,
or any injured animals for which an owner is not known or cannot be contacted may be
dispositioned by animal control in a humane manner.
SECTION XIX: UNLAWFUL TO INTERFERE WITH THE SEIZURE
OR DESTRUCTION OF DOGS. It is unlawful for any person to hinder, molest, or
interfere with any person who is lawfully engaged in seizing, impounding, or destroying any
dog, or removing the carcass as provided in this Ordinance. Violation of the section shall be
punishable by a fine established by resolution and detailed on the City of Rexburg master fee
list.
SECTION XX: ANIMAL CRUELTY PROHIBITED. It is unlawful for any
person to maltreat or torture any animal, or having the right or authority to kill any animal,
to kill the animal in an inhumane manner. Animals cruelly treated may be seized and held, at
the owners expense, until ownership is either transferred to the City of Rexburg or the court
orders the return of the animal following the owners appearance in the Magistrate's Division
of the District Court for Madison County to answer any charges that may be filed against
him for violating any provision of the ordinance or State of Idaho code subject to the terms
in Section XXI.
SECTION XXI: PROTECTIVE CUSTODY. For all animals held in protective
custody, the daily boarding fee established by resolution and detailed on the City of Rexburg
master fee list must be paid at the police department or at the animal shelter in an interval
not to exceed seven days since the prior payment. Protective custody will be any animal that
was brought in by a police officer or animal control because of the owner's inability to care
for the animal. For any animal in protective custody, failure to maintain payment of daily
boarding fees for any period of time in excess of seven (7) days will be considered
abandoned, and the owner will immediately forfeit ownership rights of the animal to the City
of Rexburg.
SECTION XXII: PUBLIC DISPOSITION OF ANIMALS. It shall be unlawful
to give away animals at any place of business or on City owned land within the city limits
without first obtaining a permit from the Rexburg Police Department. The form to be
completed for approval of permit application is attached hereto as Attachment #1. Within
five (5) days of the date of disposition, the completed permit must be returned to animal
control. The fines for violating this section are established by resolution and detailed on the
City of Rexburg master fee list.
SECTION XXIII: ABANDONMENT OF ANIMALS. It shall be unlawful to
abandon animals within the city limits or to abandon city animals in the surrounding area.
The fine for this offense is established by resolution and detailed on the City of Rexburg
master fee list.
SECTION XXIV: ANIMAL CARCASS AND DISPOSAL. It is the duty of any
owner of any animal upon its death to remove and properly dispose of the carcass in a timely
manner. Where there is no owner or the owner cannot be identified and located, it is the
responsibility of the owner of the property where the carcass is located to properly dispose
of the carcass in a timely manner. It shall be unlawful to move the carcass to any land
owned by the City of Rexburg, any- business or any other premises without the consent of
die person in possession of such premises. Violation of the section shall be punishable by a
fine established by resolution and detailed on the City of Rexburg master fee list.
SECTION XXV: DEFINITION. The term owner as used in this ordinance shall
be construed to mean and include any person, persons, association, business entity, or
corporation owning, harboring or keeping a dog or dogs within the corporate limits of the
City of Rexburg, Idaho.
SECTION XXVI: VIOLATIONS - PENALTIES. Any persons or persons
violating the provisions of dais Ordinance shall be guilty of an infraction and shall be
punishable as indicated in each section. In addition, all found guilty will be assessed costs.
SECTION )OMI: REPEALING ORDINANCES. Ordinance Nos. 841, 381,
411, Chapter 35 of Revised Ordinances, and all ordinances or portions of ordinances in
conflict herewith are hereby repealed.
SECTION XXVIII: EFFECTIVE DATE OF ORDINANCE. This ordinance
shall be in full force and effect from and after its passage, approval and publication.
PASSED BY THE CITE' COUNCIL AND APPROVED BY THE MAYOR, on this 20"
day of May, 2020.
t' ORATE
Go
ATTEST:
Deborah Lovejoy, City ClerkkJ
�erry ti1e , Mayor �
L
Attachment #1: Permit to Transfer Ownership of Animals
EXBURG POLICE DEPARTMENT 011E S!lAMLTU MAnr
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PERMIT TO TRANSFER OWNERSHIP OF ANIMALS
ON CtiY PROPERTY OR AT A PLACE OF BUSINESS WITHIN THE CITY OFREMBUfIG
Applicant Information:
Name(S)
Addrr: ss
Darr. of Application
_ Stair
Phune
Proposed Location and Date of Transfer of Ownership:
Location (acoress anaror desrnpuon)
Date
zip
I:; to Garr rut by I cell inn dwnrr or rlan.tge: –Nos rGtpD Linux „iyvt••l tw an c�:hur�tru •eu+csratct-te
Signature of Approval
Date signed
Print Name Position. Phone
f Application Approved by __- — Officer ID Date of Approval -y
Animals for Transfer:
1. Species__ Age Colorls) Sex I M / F j Altered [ Y / N )
Transferred to: Name DOB_J_}_ Phone
Address City State --- Zip
2.
Species Age Colarls)
Sex I JA / F I Altered I Y / N I
Transferred to: Name
L)OB— j,/_ Phone
Address City
Slate Zip
3.
Species Age Colarls)
5M [ rA / F j Altered [ Y / N I
Transferred to: Marne _-.
[)OB_jV/__ Phone
Address city
state Zip
4.
Species Age ColorlsJ _._ - —
— — Sex [ Mi / F j Altered [ Y / N j
Transferred to: Maw
D03_/+f_ Pl+urm
Address _ City
5tate Zip
5.
SpeciesAde _ CDlerls) _
Sex [ M / F) Altered [ Y / N )
Transferred to: Nam 1=
003�_/_ Phone
Address __•__� C i I V
Slate Zip
All anir,Ia t mutL bc• irdrtsfrrr ,J+o tier tms tb year. of age or older. rhrscompleted Form must te returned to the Cihfof R=_xburg
v.Ahin 5 days. rr;isforrr. is valid ooly:W the Jab: and lucatrnn I"Iekl.+bove. Int. tali Diff rf tnrm rrutt he d+tplayedat ali amen
agree that theannve retort is bur' and actwa:e – S!t;nolor:
—._ ..... -. -. . Dalt, ---- - ..----
ni%tlURG POLICE DFPARTMEKT PEriAtIT I O RF00hif AN16tAl 5 Data printed - March Y3, 2020
CHE:i LEU 8x60.)2011
BY DFFIfIR tlWAII
SHELTER • PERPArT TO R ENDId E Ar41t-AAlS • LAST M OMFIED Alymt 4, 2011
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