Ordinance - 1991 - 186 - Animals At Large - 05/14/1991ORDINANCE NO. 186
AN ORDINANCE OF THE CITY OF EAGLE, IDAHO, ENACTING CHAPTER 5, TITLE
4, EAGLE CITY CODE, TO PROHIBIT ANIMALS RUNNING AT LARGE, MAKING
EXCESSIVE NOISE, MOLESTING PEDESTRIANS, ATTACKING OTHER ANIMALS, OR
DAMAGING PROPERTY; TO AUTHORIZE THE CITY CLERK TO ISSUE UNIFORM
CITATIONS FOR VIOLATIONS; TO ESTABLISH FINES AND AN ADMINISTRATIVE
PROCEDURE FOR PAYMENT; AND TO MAKE VIOLATIONS A MISDEMEANOR; AND
PROVIDING AN EFFECTIVE DATE
BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF EAGLE,
IDAHO, that:
Section 1: Chapter 5, Title 4, Eagle City Code, be, and the
same hereby is, enacted to read 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:
1. Such animal is controlled by a leash not exceeding
eight feet (8') in length; or
2. 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; or
D. Trespasses upon public or private property in such a
manner as to damage the property.
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
Page 1
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 that 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)
4-5-2 (A)
(excessive noise)
4-5-2 (E)
First Offense
$25.00
$25.00
$25.00
Second Offense
$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 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.
Section 2. This Ordinance, or a summary thereof in compliance
with Section 50-901A, Idaho Code, shall be published once in the
Page 2
official newspaper of the City, and shall take effect immediately
upon its passage, approval, and publication.
DATED this 14th day of May, 1991.
Page 3
CITY OF EAGLE
By
eee OF °n,
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PROOF OF PUBLICATION
County of Ada
State of Idaho
Helen Alidjani, being first duly sworn, on oath says that
she 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 / consecutive weeks,
First publication being on the 5/t' day of
,19 9/ , and the last publication
beingonthe — day of — ,19
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 notice.
o4
Principal Clerk
Sub ribed and sworn before me this `� //' day of
/{%.�. ,199J.
r,r�i ---,,_7����
�J1,COs
N/ Public
Residence: / 1S
My commission expires: /71/
s/
(SEAL)
ORDINANCE NO. 186
AN ORDINANCE OF THE CITY OF
EAGLE, IDAHO, ENACTING CHAP-
TER 5, TITLE 4. EAGLE CITY CODE,
TO PROHIBIT ANIMALS RUNNING
AT LARGE, MAKING EXCESSIVE
NOISE, MOLESTING PEDESTRI-
ANS, ATTACKING OTHER ANI-
MALS, OR DAMAGING PROPERTY:
TO AUTHORIZE THE CITY CLERK
TO ISSUE UNIFORM CITATIONS
FOR VIOLATIONS; TO ESTABLISH
FINES AND AN ADMINISTRATIVE
PROCEDURE FOR PAYMENT; AND
TO MAKE VIOLATIONS A MISDE-
MEANOR; AND PROVIDING AN
EFFECTIVE DATE
BE IT ORDAINED BY THE
MAYOR AND COUNCIL OF THE
CITY OF EAGLE, IDAHO, that:
Section 1: Chapter5. Title4. Eagle
City Code, be, and the same hereby is,
enacted to read 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 with-
out the consent of the person in posses-
sion of such premises, within the City, is
responsible for such animal being at
large and is in violation of this Section,
unless:
1. Such animal is controlled by a
leash not exceeding eight feet (8') m
length; or
2. Such animal is confined in a
motor vehicle.
4-5-2: NUISANCE: It shall be un-
lawful for any person or persons keep-
ing, harboring, possessing, caring for, or
having any custodial duties over any
animaltofatl to exercise proper case and
control of such animal to prevent it from
4-5-3: ENFOKt.:bMt:tr u: Inc -
City Clerk is authorized to enforce the
provisions of this Chapter and is des-
ignated apeace officer for such purpose.
The City Clerk shall issue a Uniform
Citation for a violation of any of the
provisions herein. The Uniform Cita-
tion 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 that
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 con-
venience to the public, in lieu of appear-
ing 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 four-
teen (14) days of the date of issuance of
the Uniform Citation:
Code Section
First Offense Second Offense
becoming a public nuisance. Such per-
son or persons shall be guilty of allow-
ing 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; or
D. Trespasses upon public or pri-
vate property in such a manner as to
damage the property.
E. Discharges feces upon public
property or private property without the
consent of the owner of such property.
and the person keeping, harboring, pos-
sessing, caring for. orhaving any custo-
dial duties over such animal fails to
prcanptiy remove and dispose of the
feces in a trash recent -
4-5-1 525.00
(running at large)
4-5-2 (A) $25.00
(excessive noise)
4-5-2 (E) $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; PEN-
ALTY: 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 tern not to exceed six
(6) months. or by both such fine and
imprisonment.
Section 2. This Ordinance, or a
summary thereof in compliance with
Section 50-901A, Idaho Code. shall be
published once in the official newspaper
of the City. and shall take effect imme-
diately upon its passage, approval, and
publication.
DATED this 14th day of May.
1991.
CITY OF EAGLE
By /s/ Steve Guerber
Mayor
Attest: /
s/Borbara Montgomery
City Clerk
Publish July 4