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Ordinance - 2013 - 688 - Amending Title 4/Animals At Large - 02/12/2013 ORDINANCE NO. 688 AN ORDINANCE OF THE CITY OF EAGLE, ADA COUNTY, IDAHO, AMENDING TO TITLE 4, CHAPTER 5, SECTION 2 AND ADDING A NEW SECTION OF THE EAGLE CITY CODE, INSERTING REGULATIONS FOR ANIMALS ON PUBLIC PROPERTY. WHEREAS, the City of Eagle determines the need to provide for regulations of animals on public property for the safety of its residents; and WHEREAS, the City of Eagle desires to establish animal friendly areas within specific areas of public property; and WHEREAS, the City of Eagle is authorized to enact ordinances enforceable by fine and infraction penalty under I.C. § 50-302. NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF EAGLE, Ada County, Idaho; Section 1: That Title 4, Chapter 5, Section 1 of the Eagle City Code is hereby amended as follows: 4-5-1: RUNNING AT LARGE PROHIBITED: Any person or persons keeping, harboring, possessing, caring for, or having any custodial duties over any animal that is found at large upon the streets, alleys, or any other public place or upon any other premises without the consent of the person in possession of such premises, within the city, is responsible for such animal being at large and is in violation of this section, unless: A. Such animal is controlled by a leash not exceeding eight feet (8') in length_ B. Such animal is confined in a motor vehicle; or C. When such animal is in the immediate care and control of a competent and responsible attendant within a municipal park facility specifically designated to allow such off-leash use. -A violation of this section shall be an infraction as set forth in section 4-5-4-2. Section 2: That Title 4, Chapter 5, Section 2 of the Eagle City Code is hereby amended as follows: 4-5-2: NUISANCE: ORDINANCE NO. —PAGE 1 OF 3 It shall be unlawful for any person or persons keeping, harboring, possessing, controlling, caring for or having any custodial duties over any animal to fail to exercise proper care and control of such animal to prevent it from becoming a public nuisance. Such person or persons shall be guilty of allowing such animal to become a public nuisance when the animal: A. Makes excessive, continuous, or untimely barking or other noise; or B. Molests pedestrians or chases motor vehicles; or C. Trespasses upon public or private property in such a manner as to damage the property; or D. Discharges feces upon public property or private property without the consent of the owner of such property unless the material is immediately removed; or E. Is repeatedly at large. - • - -scion er control of a dog shall:• parkat any time. -. • . . - . . . . . .. - . -•• - • 1. If animals are allowed, the owner or custodian of the animal must comply 2. The city council may, by resolution, allow animal exhibitions or shows in 3. Horses or other livestock are not permitted in city parks. E. Where city signs are so posted in a city park, play field or other property, all dogs must be on leash not exceeding eight feet (8') in length-. No animal shall be taken upon or allowed to be upon the premises of any city owned, leased,subject to a city held right of way or easement, right of way easement held by the city, natural area, park, playground or play field park where designated as prohibited. ORDINANCE NO. —PAGE 2 OF 3 1. If animals are allowed,the owner or custodian of the animal must comply with all animal regulations of the city park, play field or other property. 2. The city council may, by resolution, allow animal exhibitions or shows in city parks and establish rules and regulations governing animals when allowed in any city owned, leased or maintained beach, natural area, park, playground or play field park or play field. 3. Horses or other livestock are not permitted in city parks. A violation of this section shall be an infraction as set forth in section 4-5-4-2. GI4. This section shall not apply to: 1. Police officers and their service animals during the official performance of their duties; 2. Handlers of search and rescue animals during the official performance of their duties; or 3. Persons with disabilities utilizing assistance animals. Section 3: This ordinance or summary thereof in compliance with Idaho Code § 50-901A, shall be published once in the official newspaper of the City, and shall take effect immediately upon its passage, approval and publication. I Adopted by the Eagle City Council, Eagle, Idaho, this/,'f/t day of &I/6012013. CITY OF EAGLE Ada County, Idaho By: - Mayor ATTEST: • �yORAT City Clerk/Treasurer ; °° • : * : SEAL,/ ORDINANCE NO. —PAGE 3 OF 3 Valley Times P.O. Box 1790 - Eagle, Idaho 83616 LEGAL ADVERTISING PROOF OF PUBLICATION Account ofc,t.- Address:(4 9 6 • CI' V ilL.1-at . Run Dates: Zia Lo ;(, Number Lines REdVEU & PILED -- CITY OF EAGLE FEB 2 6 2013 File: Route tn• Identification: __ tet .^ a n,u_ ii u • 6 a February 18, 2013 Legal Notices ORDINANCE NO. 688 AN ORDINANCE OF THE CITY OF EAGLE, ADA COUNTY, IDAHO, AMENDING TO TITLE 4, CHAPTER 5, SECTION 2 AND ADDING A NEW SECTION OF THE EAGLE CITY CODE. INSERTING REGULATIONS FOR ANIMALS ON PUBLIC PROPERTY. WHIRFAS, the City of Eagle deter:nit= the need to provide for regulations of animals on public property for the safety of its residents; and WHEREAS, the City of Eagle desires to establish animal friendly areas within specific areas of public property; and WHEREAS, the City of Eagle is authorized to enact ordinances enforceable by fine and infraction penalty under I.C. § 50-302. NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF EAGLE, Ada County, Idaho; Section ] : That Title 4. Chapter 5, Section 1 of the Eagle City Code is hereby amended as follows: 4-5-1: RUNNING AT LARGE PROHIBITED: Any person or persons keeping, harboring, possessing, caring for, or having any custodial duties over any animal that is found at large upon the streets, alleys, or any other public place or upon any other premises without the consent oldie person in possession of such premises, within the city, is responsible for such animal being at large and is in violation of this section, unless: A. Such animal is controlled by a leash not exceeding eight feet (8') in length, B. Such animal is confined in a motor vehicle; or C. When such animal is in the immediate care and control of a competent and responsible attendant withinu 3c ! I u g mt >• A violation of_this section shall be an infraction a$sct forth in scene/14-5-4-2. Section 2; ' That Title 4, Chapter 5, Section 2 of the Eagle City Code is hereby amended as follows: 4-5-2: NUISANCE: It shall be unlawful for any person or persons keeping, harboring, possessing,cone caring for or having any custodial duties over any animal to fail to exercise proper care and control of such animal to prevent it from becoming a public nuisance. Such person or persons shall be guilty of allowing such animal to become a public nuisance when the animal: A. Makes excessive, continuous, co untimely barking or other noise; gi 0 2-` lc- 213 Amount fl 76. -Thomason, being duly swom, deposes says: That he is the Principal Clerk of .rtes, a weekly newspaper published at x.4a County, State of Idaho; that the said per is in general circulation in the said r of Ada, and in the vicinity of Meridian, d Eagle, and has been uninterruptedly shed in said County during a period of jht consecutive weeks prior to the first his notice, a copy of which is attached 00, and that the notice was published in 2;1/es, in conformity with Sectign 60-108, co« Code, as amended, for 1 time(s) 3. alar and entire issue of said paper, and lin the newspaper proper, and not in a 5,:nt; and that said notice was published of on the following dates: A� ting ,t., to vu.cL t-/ l (C` i (... .g $Ir%MtPy I 3_t-. (Viet/ 71 «....•, .-- A' A' STATE OF IDAHO) )SS COUNTY OF ADA ) C _ ay of (2 in the year of 2013 :, a Notary Public, personally appeared :wn or identified to me to be the person i is subscribed to the within instrument, _y me first d i swom, declared that the ,es are true, owledged to me that executed the same. Notary Public for Idaho Residin at B ise ID y Commission expires: 7�