Ordinance - 2000 - 369 - Amend Title 4 Animal Control - 05/30/2000ORIGINAL
Ordinance No. 369
AN ORDINANCE OF EAGLE, ADA COUNTY, IDAHO, AMENDING PORTIONS
OF TITLE 4, CHAPTER 5, ANIMAL CONTROL, EAGLE CITY CODE,
SPECIFICALLY REPEALING EAGLE CITY CODE 4-5-3 ENFORCEMTN,
REPLACING 4-5-3 DEFINING VICIOUS DOG; REPLACING EAGLE CITY CODE
4-5-4 TO PROVIDE FOR ENFORCEMENT; ADDING EAGLE CITY CODE 4-5-4-1
PROVIDING FOR ADMINISTRATIVE PROCEDURE; ADDING EAGLE CITY
CODE 4-5-4-2 DETERMINATION OF VICIOUSNESS AND DESTRUCTION OF
VICIOUS DOG; ADDING EAGLE CITY CODE 4-5-4-3 PROVIDING VIOLATIONS
AND PENALTY INCLUDING FEES; AMENDING 4-5-5 PROVIDING FOR DOG
LICENSES AND SPECIAL PROVISIONS; REPEALING 4-5-6 DOGS, SPECIAL
PROVISIONS AND PROVIDING AN EFFECTIVE DATE.
NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE
CITY OF EAGLE, ADA COUNTY, IDAHO, as follows:
CHAPTER 5
ANIMAL CONTROL
SECTION:
4-5-1: Running at Large Prohibited
4-5-2: Nuisance
4-5-3: Enfereement Vicious Doss
4-5-4: Enforcement
4-5-4-1: Administrative Procedure
4-5-4-2: Determination of Viciousness and Destruction of Vicious Dog
4-5-4-3: Violations: Penalty
4-5-5: D02 Licenses and Special Provisions
1 5 6: Dogs, Special Provisions
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; or
B. Such animal is confined in a motor vehicle. (Ord. 233, 12-14-93)
C. When such animal is in the immediate care and control of a competent and
responsible attendant.
4-5-2: NUISANCE: It shall be unlawful for any person or persons keeping, harboring,
possessing, 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.
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A. Makes excessive, continuous, or untimely barking or other noise;
B. Molests pedestrians or chases motor vehicles;
C. a arrz ak.;
DC. Trespasses upon public or private property in such a manner as to damage the
property; or
BD. Discharges feces upon public property or private property without the consent of
the owner of such property and the person keeping, harboring, possessing, caring
for or having any custodial duties over such animal fails to promptly remove and
dispose of the feces in a trash receptacle. (Ord. 233, 12-14-93)
E. Repeatedly at large.
4-5-3: VICIOUS DOG: A doe of anv age. male or female. which.
when unprovoked. in a vicious or terrorizing manner. approaches any person in an
apparent attitude of attack upon the streets. sidewalks. anv public grounds or places or
private property not owned or possessed by the owner of the doe: or a dog with a known
propensity. tendency or disposition to attach unprovoked. to cause iniury or to other wise
endanger the safety of persons or domestic animals: or anv dog which bites. inflicts
iniurv. assaults or otherwise attacks a person or domestic animal without provocation: or
anv dog owned or harbored primarily or in part for the purpose of fighting or any dog
trained for fighting.
Notwithstanding the above definition of a "vicious dog". no doe may be declared vicious
if an iniury or damage sustained by a person who. at the time of such iniury or damage
was sustained. was committing a willful trespass or other tort upon the premises occupied
by the owner of the dog: or was teasing. tormenting. abusing or assaulting the doe: or was
committing or attempting to commit a crime.
No dog may be declared vicious if the iniury or damage was sustained as a result of
teasing. tormenting. abusing or assaulting the doe_ . No doe may be declared vicious if the
dog was protecting or defending a person within the immediate vicinity of the doe from
an uniustified attack or assault.
Any person who is found guilty of owning. harboring. or has in his/her possession anv
vicious doe or dogs shall be guilty of a misdemeanor and punished as provided in Section
4-5-4-3 of this Chapter:
4-544: _ 11 A DI'... ENFORCEMENT:
The City Clerk or authorized individual(s) are authorized to enforce the provisions of this
Chapter and are designated as peace officer for such purpose. The City Clerk or
authorized individual(s) shall be and are hereby authorized to make all necessary seizures
and keep and remove anv animal in violation of the provisions of this Chapter. The City
Clerk or authorized individual(s) shall issue a notice of ordinance
violation for a violation of any of the provisions herein. The notice of
ordinance violation may be signed by any person in whose presence a violation occurred
and be witnessed by the City Clerk or authorized individual(s) whose name shall be
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endorsed on the notice of ordinance violation.
m aYaai
o tati n. (Ord. 233, 12 14 93)
4-5-4-1: DETERMINATION OF VICIOUSNESS AND DESTRUCTION OF
VICIOUS DOGS: The City Clerk or authorized individual(s) shall capture. impound
and may destroy any dog found to be vicious pursuant to the determination of this
Section. The determination of viciousness and disposal of such dogs shall be as follows:
A. Determination of a Vicious Doe:
1. In the event that the City Clerk or authorized individual(s) has probable cause
to believe that a doe is vicious. the City Clerk or authorized individual(s) are
hereby empowered to seize and impound such dog. In the even the owner
refuses to surrender the dog to the City Clerk or authorized individual(s). the
City Clerk or authorized individual(s) may employ any legal means to seize
the dog.
2. The Director of the Idaho Humane Society or his designated representative
shall be empowered to convene a hearing for the purpose of determining
whether or not the dog in question should be declared vicious. The Director
of the Idaho Humane Society or his designated representative shall conduct or
cause to be conducted an investigation and shall notify the owner of the dog
that a hearing will be held. at which time the owner may have the opportunity
to present evidence why the dog should not be declared vicious. The owner of
the dog has the burden of proof to show the dog is not vicious. The hearing
shall be held no less than five (5) days nor more than ten (10) days after
service of notice upon the owner of the dog. The hearing shall be informal
and be open to the public.
3. After the hearing, the owner of the dog shall be notified in writing of the
determination. The notice of the determination shall be mailed to the owner
of the doe with the presumption that the owner of the dog received the notice
not more than three (3) days from the date the notice was mailed.
B. Destruction of Vicious Dog:
1. If the determination is made that the dog is vicious. the dog shall be subiect to
destruction after ten (10) days from the date the notice of determination of
viciousness was mailed to the owner of the dog. If the owner of the dog
contests the determination. the owner may. within five (5) days of receiving
such determination. bring a petition in Magistrate Court. in the Fourth Judicial
District, in the State of Idaho. in and for the County of Ada. wherein the dog
is owned. praying that the Court conducts its own hearing on whether or not
the animal should be declared vicious. The petition shall be governed by the
Idaho Rules of the Civil Procedure. The owner of the dog has the burden of
proof to show the dog is not vicious. The destruction of the dog shall be
staved pending the outcome of the appeal.
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2. If the Court finds that the dos is not vicious as defined by this Chanter. such
doe may be released into the custody of the owner upon payment to the shelter
or animal control officer of the expenses of impoundine such doe.
3. If the Court finds that the doe is vicious as defined bv this Chapter. such doe
shall be subiect to destruction bv the Idaho Humane Society. Inc.
4-5-4-2: ADMINISTRATIVE PROCEDURE:
In order to eliminate burdening the court system with certain violations of this Chapter,
and as a convenience to the public etc r g i : c ra4uired on
, the named defendant on a notice of ordinance
violation may pay the fixed penalty set forth below to the City Clerk, in person or by
mail, within fourteen (14) days of the date of issuance of the notice of
ordinance violation:
Code Section
4-5-1
4-5-2 (eye
1 E 3B
Subseauent
First Offense Second Offense Offenses
$25.00 $50.00 $50.00
25.00 50.00 $50.00
3E.00 50.03
In the event payment is not made in accordance with the administrative procedure set out
herein, the uniform citation alleging an ordinance violation shall be filed in the
Magistrate Division of the District Court. (Ord. 233, 12-14-93)
1 5 5 1 5 4 3: VIOLATIONS: PENALTY:
Any person violating any of the provisions of this Chapter for which a fixed penalty has
not been set is guilty of a misdemeanor which is punishable by a fine not to exceed three
hundred dollars ($300.00) or by imprisonment in the County jail for a term not to exceed
six (6) months, or by both such fine and imprisonment. (Ord. 233, 12-14-1993)
4-5-65: DOG LICENSES . and SPECIAL PROVISIONS:
A. Licenses, Application, Fees: It shall be unlawful to keep, maintain, harbor or
possess upon the premises of any household a dog unless the owner or person in charge
shall have obtained a dog license for such dog. All dog licenses shall be valid until
December 31 of each calendar year. The owner, or person having charge, of any dog
within the City shall make application to the Clerk or the Humane Shelter Director and
pay a license fee according to the following schedule:
Nonneutered or nonspayed dogs $15.00
Nonneutered or nonspayed dogs
(senior citizen fee) 15.00
Spayed or neutered dogs 7.50
Spayed or neutered dogs
(senior citizen fee 60 years old) 5.00
After July 1 of each year, the license fees shall be one-half (1/2) of the above -noted
amount, effective until December 31 of each year. No dog will be licensed as spayed or
neutered without proof that such surgery was performed.
Page 4 of 5
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1. Upon receipt of such application and payment of fees, the person issuing the
license shall issue a receipt designating the owner's name and the number of the
license, the sex (or status of spayed or neutered) of the dog and the amount paid by
him, together with a metal tag bearing the number corresponding to that upon the
receipt. If a license is lost, the Clerk or Director of the Humane Shelter or other
designated agent shall, upon application and payment of two dollars fifty cents
($2.50), issue a duplicate tag. Licenses for the following year may be purchased
within thirty (30) days prior to the expiration date.
2. License fees shall be waived for any guide dog that has been properly trained for
and is used to guide a blind or partially blind person, a person with impaired hearing
or any other severely disabled person who requires a guide dog.
B. Imitation License Tags: It shall be unlawful for any person to allow any dog
owned, kept or harbored by him to wear a license tag received on account of a former
licensee or to wear any imitation of the license tag issued by the City for that year.
C. Training And Exercise Grounds: The City Council may designate such areas of
the public park or other public grounds of the City which may be used, subject to the
rules and regulations as may be prescribed, for the training or exercise of dogs. Dogs
within such areas so designated need not be controlled by leash, but shall be under the
control of a responsible person and controlled by whistle, voice or other effective
command.
D. Collar; Tag: Every dog shall at all times wear a substantial, durable collar, to
which shall be securely attached the required license tag. (Ord. 282, 11-12-1996)
This ordinance shall be published once in the official newspaper of the City, and shall
take effect upon its passage, approval, and publication.
DATED this 30tk day of (V\(�� , 2000
CITY OF EAGLE
Ada County, Idaho
RIC w ZAf iii
MAYOR
ATTEST:
SHARON K. MOORE,
CITY CLERK
VCJI(�
*ie
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Account #
116026
Ordered by -
The Idaho
Statesman Thr y 'LED
P.O. Box 40, Boise, Idaho 83707-0040 JUN G 8 :,„:,A
LEGAL ADVERTISING PROOF OF PUBLIC► iION
renown
I Rout t0:
DTI# Identification
264191 ORDINANCE NO. 369
P.O. # Rate
CITY OF EAGLE
310 E. STATE ST.
EAGLE, ID 83616
NT
Run Dates
$373.50
June 05, 2000
Number of Lines
150 X 3
Affidavit I
1 Legal #
7429
JANICE HILDRETH, being duly sworn, deposes and says: That she is the Principal
Clerk of The Idaho Statesman, a daily newspaper printed and published at
Boise, Ada County, State of Idaho, and having a general circulation therein, and
which said newspaper has been continuously and uninterruptedly published in
said County during a period of twelve consecutive months prior to the first
publication of the notice, a copy of which is attached hereto: that said notice
was published in The Idaho Statesman, in conformity with Section 60-108,
Idaho Code, as amended for: ONE
consecutive weekly
consecutive daily
insertion(s)
beginning with the issue of:
and ending with the issue of:
X
single
odd skip
JUNE 5 , 2000
JUNE 5 , 2000
STATE OF IDAHO )
)ss
COUNTY OF ADA )
On this 5 day of JUNE in the year of 2000
before me, a Notary Public, personally appeared before me Janice Hildreth
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 state-
ments therein are true, and acknowledged to me that she executed the same.
Notary Public for Idaho
Residing at: Boise, Idaho
My Commission expires:
(6-im;m)r,(dulit,e?
/0/131349e/
titin A'buquerque.
MONTREAL OS- Ac vated RIP An-
thony Telford from the 15 -day disabled list
Recalled LHP T.J. Tudor from Harrisburg of
the Eastem League.
NEW YORK METS -Optioned C Vance
Wilson to Nate( of the International League.
Mande League
ATLANTIC CITY SURF -Signed 1B -C
Amid Santiago and RHP Carlos Carrera.
Kel-
ly. Released I FRIDE-Signed RHP Chis Kd
FOOTBALL
National Football League
CINCINNATI BENGALS-Agreed to
terns with WR Peter Warrick on a seven-year
contract
CLEVELAND BRC Sanders Ja-
Juan
three-year cordracts.
LB Lorenzo RAMS-Agreedto
ST. LOUIS to tame with
Hone year contract
LeagueNational Hockey MONTFIIENAgreed to
terms with D Francois Bauchemin and F
Akichael ASon three-year contracts.
WASENATORS-Acquired G Rich
Parent from Tampa Bay for a 2000 seventh-
round
evens h-
rou nd draft.dck and ,:nrwri him tM1 e
159. -, •,.
Net -1. Mark Suderman, 133: 2 Dick
Kraloft,136, 3. Bob Lechot, 139
Fifth ffight
Gross -1 Mal Hams154.2. Jeny Camp-
bell, 159; 3 Jody Smith. 160
Net -1. Frank Delavan, 127, 2 Jody
Smith, 134; 3. Roger Kordrd,137
Sbdhfight
Gross --1. Scor Baer, 156; 2 Duane
Richter, 166; 3. Dick Miller, 167.
Net -1. Scott Men, 134; 2. Larry Lauber-
hetm, 137; 3. David M. Lemons, 141; 3. Brett
Job, 141.
Sevent
Gross-1. Karl Rucker, 170; 2. Chuck
Pomeroy, 171; 3. Chuck Harding, 172.
Net -1. Gary Duerr, 127; 2. Dan Kimble,
131; 3. Donald Bowman. 137; 3. Norman N.
Seyrnour,137.
RUNNING
SHARER BUT7E ENDURANCE RUN
(52 miles, 10,500 feet total climb on trans
and forest roads)
1. Wayne Rencatrrt, Boise, 9 hairs,
54 minutes; 2. TrnSen raifl, Park City, Utah,
959; 3. Ted Heal, Salt Lake City, 10:06;
4. Tan Knudsen, HYrcapofe 1021; 5. Tam
•o xn u, ,,,SISSC on die 6.783 -yard.
par -72 Spnnghouse Golf Club course.
Hale Irwin, $225,000 68-65-65-198
Gl Morgan, $132,000 69-67-63-199
Tam Jerkins, 5108.000 67-67-66-200
Stewart Gem, $90,00 70-66-65--201
Larry Nelson, $58.500 69-68-65-202
Joss Mafia ,5 $58,5C0 66.69-67-202
Jim Dent. $58,500
68-67-67-202
Walter Hall, $58,500 67-68-67-202
Dana Quigley. 534.750 66.72-65-203
David Lu ndstrom, 534,750 70S/-66-203
Bruce Fleisher, 534.750 68-68.67-203
Leonard lhonpson, $34750 64 -70 -EG -203
Tom Kite, $34,750 70-63-70-203
Vicente Fernandez, $34.750 6568-70-203
John Bob Eat 524,7 000 750 68-70-67-2050-204
Gary Player, 524.750 64-69-72-205
John Mahaffey. $21.150 69.71-66--206
John Bland, $21.150 70-70 66 206
Lee Trevino, 521,150 68-68-70-206
Fred Gibsorn 51577880 0-71-67-2088
Jen Ahem, $15.780 70-70-68-208
Mike McCullough. 515.780 71.69-68-208
Bob Charles, 515,780 70-7088-208
Jen Thorpe, 515780 69-68-71-208
sea, 3 Roger. B Hat -1. Randy Anderson;
2 Russel; 3. Wartman.
BASEBALL
DRAFT ORDER
NEW YORK - The order of selection for
Baseball's amateur draft to be held today
through Wednesday
onda
2. Minnesota
3 Chicago Cubs
4. Kansas City
5 Montreal
6 Tampa
Colorado
8 Detroit
9 San Dago
10 Arahern
11 M lwau lvae
12. Chicago Sox
13 SL Louis Wfnte
14 Baltimore
15. PMladelphia
16 New York Mets dram Seattle for sign-
ing Join Olerud)
17. Los Angeles
11=1 Try,,,,,.
The Idaho
Statesman
RECEIVED & FILED
CITY OF EAGLE'
P.O. Box 40, Boise, Idaho 83707-00 MAY 2 6 2000
LEGAL ADVERTISING PROOF OF PUBLICATION
Account # DTI# Identification
047706
Ordered by:
244816 PUBLIC HEARING
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310 E. STATE ST.
EAGLE, ID 83616
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Run Dates
1-110: Amrnmr
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$1 14.30
MAY 16, 23, 2000
Number of Lines
35 X 2
(Affidavit I
Legal
1 Legal#
lVp
7146
JANICE HILDRETH, being duly sworn, deposes and says: That she is the Principal
Clerk of The Idaho Statesman, a daily newspaper printed and published at
Boise, Ada County, State of Idaho, and having a general circulation therein, and
which said newspaper has been continuously and uninterruptedly published in
said County during a period of twelve consecutive months prior to the first
publication of the notice, a copy of which is attached hereto: that said notice
was published in The Idaho Statesman, in conformity with Section 60-108,
Idaho Code, as amended for: TWO
X
consecutive weekly
consecutive daily
insertion(s)
beginning with the issue of:
and ending with the issue of:
„472,.
single
odd skip
MAY 1 6 , 2000
MAY 2 3 , 2000
STATE OF IDAHO )
)ss
COUNTY OF ADA )
On this 2 3 day of MAY in the year of 2000
before me, a Notary Public, personally appeared before me Janice Hildreth
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 state-
ments therein are true, and acknowledged to me that she executed the same.
Notary Public for Idahoadtriiiie..C>r- &IA A4t-ii)
Residing at: Boise, Idaho
My Commission expires: /B/ /3 o'ZOD /
The Idaho
Statesman
RECEIVED FILED
CITY OF L_���E
P.O. Box 40, Boise, Idaho 83707-0040 JU^I 02 ::;j0
LEGAL ADVERTISING PROOF OF PUBLICATION
ATION
Account # DTI# Identification
047706
Ordered by:
259786 PUBLIC HEARING
P.O. # Rate
CITY OF EAGLE
310 E. STATE ST.
EAGLE, ID 83616
LEGAL NOTICE
PUBLIC HEARING
Gfy of Eagle
The City of Eagle will hold a public
hearing to amend, amending Eagle City
Code, Title 4 Public Health And Safety,
Chapter 9 Noise, Section 1 Authority And
Purpose; And Section 2: Prohibited Acts.
The amended language is displayed as
underlined.
4-9-1: AUTHORITY AND PURPOSE:
This Chapter is enacted pursuant to
authority conferred by article 12, section
2, Idaho constitution, and sections 50-301
and 50-302, Idaho Code. Its purpose is to
_provide for and further the safety, health,
„peace, good order, comfort and conve-
nience of the inhabitants of the City by
-providing a procedure for abating loud or
offensive noises within the City between
'the hours of ten o'clock (10:00) P.M. and
'sewer+ six o'clock f7:80 IMO A.M. (Ord.
322, 4-287998)
4-9-2: PROHIBITED ACTS:
Between the hours of ten o'clock (10:00)
P.M. one day and severtsk o'clock (Y:88
6:00) A.M. the next day, it shall be unlaw-
ful for any person or business to make or
cause loud or offensive noise by means of
voice, musical instrument, hom, radio,
loudspeaker, automobile, machinery,
other sound amplifying equipment, or any
other means which disturbs the peace,
quiet, and comfort of any reasonable per-
son of normal sensitiveness residing in the
area. Loud or offensive noise is that which
is plainly audible within any residence,
other than the source of the sound, or
upon a public right of way or street at a
distance of one hundred feet (100') or
more from the source of such sound. (Ord.
322, 4-28-1998)
A hearing will be held on the Ordinance
370 on May 30, 2000 at 7:30 p.m. at the City
Eagle, IDC 8361Hall, copy 0 of alState
doccume�nts
is available for review upon request. Any
member of the public has the right to
appear at the public hearing and present
evidence regarding the proposed Ordi-
nance 370. Written or oral comments
about the proposed rates will be accepted
up until 5:00 p.m. May 30, 2000. Auxiliary
aids or services for persons with disabili-
, ties are available upon 48 hours of
` K v Mooren notice.
939 6813 for contact
Sharon
information.
Pub. May 27, 2000
NT
Run Dates
ruuumn.
Route to:
$51.36
May 27, 2000
Number of Lines
Affidavit
1
62
Legal #
7369
1
JANICE HILDRETH, being duly sworn, deposes and says: That she is the Principal
Clerk of The Idaho Statesman, a daily newspaper printed and published at
Boise, Ada County, State of Idaho, and having a general circulation therein, and
which said newspaper has been continuously and uninterruptedly published in
said County during a period of twelve consecutive months prior to the first
publication of the notice, a copy of which is attached hereto: that said notice
was published in The Idaho Statesman, in conformity with Section 60-108,
Idaho Code, as amended for: ONE
consecutive weekly
consecutive daily
insertion(s)
beginning with the issue of:
and ending with the issue of:
( LW,
STATE OF IDAHO
)ss
COUNTY OF ADA
X
single
odd skip
MAY 2 7 , 2000
MAY 2 7 , 2000
On this 2 7 day of MAY in the year of 2000
before me, a Notary Public, personally appeared before me Janice Hildreth
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 state-
ments therein are true, and acknowledged to me that she executed the same.
(I&i4‘.
Notary Public for Idaho
Oil VG.,
�at:, Idaho
a eSCommissiionsexpiiires: / D / 1 3 / 2.0f�
/
3F)
•ow
tg d6 N. °.��o
2)\ •'lpA. el • •;
46 4•
•
LEGAL NOTICE
Ordinance No. 369
AN ORDINANCE OF EAGLE, ADA COUNTY, IDAHO, AMENDING PORTIONS OF TITLE 4, CHAPTER 5, ANIMAL CONTROL,
EAGLE CITY CODE, SPECIFICALLY REPEALING EAGLE CITY CODE 4-5-3 ENFORCEMTN, REPLACING 4-5-3 DEFINING
VICIOUS DOG; REPLACING EAGLE CITY CODE 4-5-4 TO PROVIDE FOR ENFORCEMENT; ADDING EAGLE CITY CODE 4-5-4-1
AND DESTRUCTION OF ADMINISTRATIVE
VICIOUS ADDING EAGLE CITY CODEAGE 4-5-4-3 E PROVIDING VIOLLATIONSNAND PNENALVTY INCLUD-
ING FEES; AMENDING 4-5-5 PROVIDING FOR DOG LICENSES AND SPECIAL PROVISIONS; REPEALING 4-5-6 DOGS, SPECIAL
PROVISIONS AND PROVIDING AN EFFECTIVE DATE.
NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF EAGLE, ADA COUNTY, IDAHO, as
follows: CHAPTER 5
ANIMAL CONTROL
SECTION:
4-5-1: Running at Large Prohibited
4-5-2: Nuisance
4-5-3 -t --'-cm Viriroic Dog
pocteadure Fnfnrromo
q_5-4-1 AdministrativP Prnredure
4-5-4-2• Determination of Viriousness and Destruction of Vicious D9q
q_5 -4_l Vinlatinns: Penalty
4-5-5:'9,',.1; L olfY flexr I irenses and SOPCial Provisions
4-5-1: RUNNING AT LARGE PROHIBITED
Anv 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 Targe and is in violation of this Section, unless:
A. Such animal is controlled by a leash not exceeding eight feet (8') in length; or
B. Such animal is confined in a motor vehicle. (Ord. 233, 12-14-93)4- t
C 1 C I s IJP ire rid cprIt D8I cih k eDIen` ► gpdIP.SD1in MIR_, ring for or having any custodial
duties over any
Ital to
fail to exercise
lot proper
Aontro Keepoll, animallto prevent
duties any animal to to exercise proper care and control of such 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;
B. Molests pedestrians or chases motor vehicles;
-D L Trespasses upon public or private property in such a manner as to damage the property; or
-ED Discharges feces upon public property or private property without the consent of the owner of such property and the person
keeping, harboring, possessing, caring for or having any custodial duties over such animal fails to promptly remove and dispose of the
feces in a trash receptacle. (Ord. 233, 12-14-93)
VC,M(S ( flop a,. �tet naP, , _, iCoi: ter
v . ` E. Repeatedly at large
mnner Mai in an SiPeen yr et.,. sweucj
i tdisa`iltapfhg/yvg attack smell 1 P Zimal without provocation; or any dog owned or harbored Primarily or in
Nntwithstanding the ahoy! definitinn nf a'viriniis -- 1 .,y b • •1'elarPrl virion,- if an injury nr damage sustained by a person
who, at the time of such iplury Or dar^aoa was cuctainpft was con -griming a willful trecpacS Or Other tort upon the prem ses Q-rupied
by me owner of the doggy or was teasing, tormenting, abusing or assaulting the dog: nr was cnmmittina or attempting to commit a
thNn ring may he derlared virinuc if the iniury nr damage was sustained as a result nf teasing. tnrmenting. ah•.ising nr ac, acting the
rIpo ttNn�� pr�ingg�tm�a�ypha r400rrlared virirn.e if the ring mac prntorting nr dofending a percnn within the imm- -
Jif°er t.taMNllirl3 falurt - '.. .. . • . • . - . . ., -
n 5 Ind guiliv of owning, harboring, n y S;r
• s ChaPter.
ms a (' J iI1Pi�islQla • (vdni•I_,:.• � - �- �,�i
T��.
The City Clerk or aufho! -ef_i I v u 1(,s1 are authorized to enforce the provisions of
this Chapter iand akpeade�ieg�na�ed a�aiPeapS
officer for such purpose Thd ll* �e� Or authoriTed individual(e) Shall be and are v autho zed o r
r�pyp �n �7n ix f op p1 Th p nvis °f tpr The City Clerk or au prized i • ividua((s) shall issue a
U h& P d+Yli'a�r+�Y+t� �rynk f6Y APVIoI�TISIS tN ,af of f ii fY visions herein. The .
violation may be signed by any person in whose presence a violation occurred
order and a eiolefi�se by the CityI Clerk authorized
individual(s) whose name shall be endorsed on the i - - the
off:.;. CityjA!
sha 1)5 a 1' re.
Ir gpIr1NAarM1 ma OF es1tf(o any USNESSlflqu vicious
Osuant to me determination 61 lerksectio authorizedThe detervrttinat101
of lc q - 5 a 0 �5 sal 1 I". Mail De as toIioWS.
nab c
Or authorized individuals, has robable cause to believe that a dl is vivo slslrtmhlei Clerk orT
al . pnYV neivJdQttt lstl 1Is,I. o seize aCna ltd un su1 { n even a is Pr np1�
th e ° of Y eII moYe s ES IY �p0 cony e a J1 1;r me
AtI � i t��cY�Lsna�Di•_�° u�m3AAA�t1� �a ear aR i 5 n•�� - ms�i)))) f p V:4d
Ve ISI�� v Ms. a• . T� er4 ys norm �'
ovll t e '; e e e! r a an d e G
an � gays ttobre
m LAt[ �A�Y1� ss I416n tha Alown& I ec i nofce n. m
m�il2D tb t[I- 6Wner • [)t fIt
7 t�IA I is ade that the dna is vicious the d _ shall be sub' eto dpstrt i after ten 10) days from the date the
ni ic��t f J 1A1 pp1t11 Iciousness was Mei ?o owneLY pi J11e )1 til 6�Nh2� (I , contst u ,i) e In f� �g
ovJner ifti V� gall. i�� Ye I a 1 DY(nA paw T(0I^In do iv a U Ck:rU a°U� p Jn
n kcmes. In • ti
De 'beam tm - R din. e o m
_s me • 1iftl \b Show me doll is •t i o f ne O�stnf Ibrf bt Ri ciDb 5h��1
me Court�tJfinds that the d is not vicious as defined b� this Cha er such dot mat* released into the custody of the owner
upp�p�y ° Mit e teme &liIsa conTsra once ptstme it un�ngSUc dQ�.
' eli me t OWY t MaT VI tl A8 €d VIM S to . s d Stlall iGiect to destruction by the Idaho Humane
so4-5- ,��1
4-s- 1AUMINISTRATIVE PROCEDUg E
In order to eliminate burdening the court system with certain violations
defendanand as a convenience me public, �rfid.�00fl of
Clerk, rac ys of the it�T8 Dt
violation may
of thepaY mer�lferFt�atlepn notice setf ordinance below
vio ati��City Cle , In person or by mail, within fourteen (14) OBYs
5..hsrquent
4-5-1frunning-efierge) 25.00
Code Section First Offense Second Offense Offe
'50.00 •50
4-5-2ye......»..c .....d, 25�.-w0F02511.131� 50.00
q -7-[C LJ.50:00-
In the event payment is not made in accordance with the administrative procedure set out herein, the uniform citation alleging an
ordinance violation shall be filed in the Magistrate Division of the District Court. (Ord. 233, 12-14-93)
q_5-4-'% VIOI ATIONS: PFNAI TY•
Any person violating any of the provisions of this Chapter for which a fixed penalty has not been set is guilty of a misdemeanor which
is punishable by a fine not to exceed three hundred dollars ('300.00) or by imprisonment in the County rail for a term not to exceed six
(6) months, or by both such fine and imprisonment. (Ord. 233, 12-14-1993)
q- ic-ei pO41505S,
l C p_-N� S, '- (l P C l i{j�
A. LicefS58s, �,p�l(cafl�l, fe�s:�r �na��D�un'YMTkeep• maintain, harbor or possess upon the premises of any household a dog
unless the owner or person in charge shall have obtained a dog license for such dog. All dog licenses shall be valid until December 31
of each calendar year. The owner, or person having charge, of any dog within the City shall make application to the Clerk or the
Humane Shelter Director and pay a license fee according to the following schedule:
Nonneutered or nonspayed dogs '15.00
Nonneutered or nonspayed dogs 15.00
(senior citizen fee) 7.50
Spayed or neutered dogs
Spayed or neutered dogs
(senior citizen fee 60 year old)
5.00
After July 1 of each year, the licenses shall be one-half (1. of the above -noted amount, effective until December 31 of each year.
No dog will be licensed as spayed or neutered without proof that such surgery was performed.
1. Upon receipt of such application and payment of fees, the person issuing the license shall issue a receipt designating the owner's
name and the number of the license, the sex (or status of spayed or neutered) of the dog and the amount paid by him, together with a
metal tag bearing the number corresponding to that upon the receipt. If a license is lost, the Clerk or Director of the Humane Shelter or
other designated agent shall, upon application and payment of two dollars fifty cents ('2.50), issue a duplicate tag. Licenses for the
following year may be purchased within thirty (30) days prior to the expiration date.
2. License fees shall be waived for any guide dog that has been properly trained for and is used to guide a blind or partially blind
,wrrnn with ;mnaired hearing or any other severely disabled person who requires a guide dvograd by him to wear a license tag