Ordinance - 1993 - 233 - Dog Ordinance - 12/14/1993ORIGINAL
ORDINANCE NO. 233
AN ORDINANCE AMENDING TITLE 4, SECTION 5 OF THE EAGLE CITY CODE TO
INCLUDE SECTION 4-5-6 DOGS, SPECIAL PROVISIONS; AND PROVIDING AN
EFFECTIVE DATE.
BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF EAGLE,
IDAHO:
Section 1: That Title 4, Section 5 of the Eagle City Code be, and
the same hereby is, amended to read as follows:
4-5-1: RUNNING AT LARGE PROHIBITED: Any person or persons
keeping, 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 the 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.
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:
A. Makes excessive, continuous, or untimely barking or other
noise;
B. Molests pedestrians or chases motor vehicles;
C. Habitually attacks domestic animals;
D. Trespasses upon public or private property in such a manner as
to damage the property; or
E. 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.
4-5-3: ENFORCEMENT: The City Clerk is authorized to enforce
the provisions of this Chapter and is designated a peace officer
for such purpose. The City Clerk shall issue a uniform citation
for a violation of any of the provisions herein. The uniform
citation may be signed by any person in whose presence a violation
occurred and be witnessed by the City Clerk whose name shall be
endorsed on the uniform citation. A uniform citation shall require
the defendant to appear in court on the uniform citation at a time
certain which shall not be more than twenty one (21) days after the
date of the issuance of the uniform citation.
4-5-4: ADMINISTRATIVE PROCEDURE: In order to eliminate
burdening the court system with certain violations of this Chapter,
and as a convenience to the public, in lieu of appearing in court
on the date required on the uniform citation, the named defendant
on a uniform citation 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 uniform citation:
Code Section
4-5-1 (running at large
4-5-2A (excessive noise)
4-5-2E
First Offense Second Offense
$ 25.00
$ 25.00
$ 25.00
$ 50.00
$ 50.00
$ 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.
4-5-5: VIOLATIONS; PENALTY: Any person violating any of the
provisions of the 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. 186, 5-14-91)
4-5-6: DOGS, SPECIAL PROVISIONS:
A. LICENSESt 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 doq
licenses shall be good for one year from date of issue.
The owner( or person having charge, of any doq within the
City shalmake application to the Clerk or the Humane
Shelter director and pay a license fee according to the
following schedule:
non -neutered or non -spayed dogs 20.00
spayed or neutered dogs 15.00
(No doq will be licensed as spayed or neutered without
proof that such surgery was performed.)
1. Upon receipt of such application and payment of
feesf 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 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 and fifty
cents (2.50), issue a duplicate tag. Licenses for
the following year may be purchased within ninety
(90) days prior to the expiration date. If a dog
is licensed as a male or female, and as spayed or
neutered within the licensed period, the Clerk
shall, upon presentation of a veterinarian's
statement of spaying or neutering, refund the
difference in license fee.
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 hearini, 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.
Section 2: That this Ordinance shall take effect and be in force
from and after its passage, approval and publication.
DATED this 14 day of December, 1993. ,,stozul=ffyc^
o ='
o�
MAYOR STEVE GUERBER
= iR : ARA MO ► PGOME,�tY
EiGLE CITY CLER
P '
County of Ada
State of Idaho
C
PROOF OF PUBLICATION . '- (-y'
b23)
G. Siyrmcaski being fust duly sworn, on oath says that
he is the principal clerk of THE VALLEY NEWS, a
newspaper of general circulation, published weekly at
Meridian, County of Ada, State of Idaho;
That the annexed notice was published in said newspaper
once each and every week for
First publication being on the
19 4)i('and the last publication
beingonthe day of ,19
consec live weeks,
nth
day of
That the said newspaper has been published continuously
and uninterruptedly in said county during a period of more
than seventy-eight consecutive weeks prior to the first
publication of the attached
Principal Clerk
Su ribed and sworn before me this ` ] I 51—
ay of
OCIAttlik
Residence:
My commission expires:
Notary Public
I Mw
(SEAL)
The Valley News
ORDINANCE NO. 233
AN ORDINANCE AMENDING TITLE 4, SECTION 5 OF THE EAGLE CIT
CODE TO INCLUDE SECTION 4-5-6 DOGS, SPECIAL PROVISIONS; AN
PROVIDING AN EFFECTIVE DATE.
BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY O
EAGLE, IDAHO:
Section 1: That Title 4, Section 5 of the Eagle City Code be, and the same herebl
is, amended to read as follows:
4-51 RUNNING
LARGE PROHIBITED: Any person or persons keeping,
possessing, NfoF, orhaving any custodial duties over an
at large upon thesttset,alleys, orany otherpublicplaceor Yaniyotmal erpremhat is und
without consent of the person in possession of such nanyhi the City s
beingtesponsiblefor such animal violation of
theSect the City is
large and is in violation the 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.
4-5-2: NUISANCE: It shall be unlawful for any person or persons keeping,
harboring, possessing, caring for or having any custodial duties over an
failtoexcerriseproper care and control of sucht Y animal to
a public nuisance. Such animal guilty of sent i allowing
s becoming
Pere persons shall be of allanimal
to became a public nuisance when the animal:
°R'irt8 sada
A. Makes excessive, continuous, or untimely
barking or other noise;
B. Molests pedestrians or chases motor vehicles;
C. Habitually attacks domestic animals;
D. Trespasses upon public or private property m such a manner as to damage the
PropG1ty; or
E Discharges upon public property orprivate property without the consent
oftheownerof property and the person keeping, ng,caring
for or having any custodial duties over such animal fails to promptly remove and
dispose of the feces in a trash receptacle.
4-5-3: ENFORCEMENT; The City Clerk is authorized to enforce the provisions
of this Chapter and is designated a pew officer for such purpose. The City Clerk
shall issue a tmiomr citation for a violation of any of the provisions herein. The
uniform mon may be signed by any person in whose presence a violation
occurred and be witnessed by the City Clerk whose name shall be endue on the
°mfmmcitatin.Auniform citation at the time certain which shall not bemore than
twenty one (21) days after the date of the issuance of the uniform citation.
4-5-4: ADMINSITRATIVEPROCEDURE: In orderto eliminate
court system with certain violations of thisas burdening the
public, in lieu of appearing in cm the d rand he uniform
rm convenience n, due
named defendant on a uniform required the fixed the penalty
c►tationl the
to the City Cleric_ in citation may pay penalty set forth below
issuance of the mtifom mor mail, within fourteen (14) days of the date of
E
4-5-1 (naming at lame) $ 25.00
r
$ 50.00