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Ordinance - 2024 - 922 - Animal Control Ordinance - 04/23/2024SUMMARY OF ORDINANCE NO. 922 AN ORDINANCE OF THE CITY OF EAGLE, ADA COUNTY IDAHO REPEALING TITLE 4, "PUBLIC HEALTH AND SAFETY", CHAPTER 5, "ANIMAL CONTROL" AND ENACTING A NEW CITY OF EAGLE CODE TITLE 4, CHAPTER 5, ENTITLED THE CITY OF EAGLE ANIMAL CONTROL ORDINANCE; FOR SEVERABILITY; PROVIDING FOR CODIFICATION; AND PROVIDING AN EFFECTIVE DATE. A summary of the principal provisions of Ordinance No. 922 of the City of Eagle, Ada County, Idaho as adopted by Eagle City Council on April 23, 2024. . Sections 1 through 4: Establishes legal authority of the City and provides a short title and purpose. In addition, provides general definitions, as well as definitions for cruelty to animals. Sections 5 and 6: Establishes the regulations and requirements for dog licenses and kennel licenses and provides exceptions for the same. Section 7 through 11: Establishes the prohibition and penalty of dogs running at large, and exceptions to the prohibition. Identifies enclosure requirements. Establishes regulations and requirements for rabies control and quarantine procedures. Identifies animals presenting an immediate danger, directing a dog to harass or attack and criminal responsibility for dog bites and attacks and penalties. Section 12: Defines habitual barking, noise making and nuisance. Establishes prohibition, penalty and exceptions of same. Section 13 through 15: Identifies Animal Control Enforcement Official and animal control shelter. Establishes the prohibition of the obstruction of an animal control officer, and penalty for the same. Establishes procedures for impounding of animal and redemption. Section 16: Defines a habitual violator, notice or order to abate and failure to able processes. Section 17 through 19: Establishes process and procedures related to the designation and management of dangerous or at -risk dogs. Identifies the appeal procedure for affected persons. Identifies the penalty for denying animal ownership. Section 20: Identifies penalties for violations of Title 4 Chapter 5, Animal Control. The full text of Ordinance No. 922 is available at City Hall, on the City website, and will be provided to any citizen upon personal request during normal office hours. DATED as of the 5th day of Ma 024. Brad Pie Mayor Attest: Thacy E. Osborn, City Clerk CERTIFICATION OF ATTORNEY I, the undersigned, an attorney at law duly licensed in the State of Idaho and serving as counsel to the City of Eagle, Idaho, hereby certify that I have read the above Summary of Ordinance No. 922 of the City of Eagle and that the same is true and complete and provides adequate notice to the public of the contents of said ordinance. Dated this 20th day of May, 2024. Victor Villegas Borton-Lakey Law & Policy City Attorney, City of Eagle ORDINANCE NO. 922 AN ORDINANCE OF THE CITY OF EAGLE, ADA COUNTY IDAHO REPEALING TITLE 4, "PUBLIC HEALTH AND SAFETY", CHAPTER 5, "ANIMAL CONTROL" AND ENACTING A NEW CITY OF EAGLE CODE TITLE 4, CHAPTER 5, ENTITLED THE CITY OF EAGLE ANIMAL CONTROL ORDINANCE; FOR SEVERABILITY; PROVIDING FOR CODIFICATION; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City of Eagle, Idaho is a municipal corporation organized and operating under the laws of the State of Idaho; and WHEREAS, The Mayor and Council finds that it is in the best interest of the public health, safety, and welfare to establish and update regulations regarding animal control; and NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF EAGLE, Ada County, Idaho: Section 1: Title 4, Chapter 5 of the Eagle City Code shall read as follows: CHAPTER 5 ANIMAL CONTROL SECTION: 4-5-1: Legal Authority 4-5-2: Short Title And Purpose 4-5-3: Definitions 4-5-4: Cruelty To Animals 4-5-5: Dog Licenses 4-5-6: Kennel Licenses 4-5-7: Dogs Running At Large Prohibited 4-5-8: Rabies Control, Quarantine 4-5-9: Animals Presenting An Immediate Danger 4-5-10: Directing A Dog To Harass Or Attack 4-5-11: Criminal Responsibility for Dog Bites And Attacks 4-5-12: Habitual Barking Or Noisemaking; Nuisance 4-5-13: Enforcement Official; Animal Shelter 4-5-14: Obstructing Animal Control Officer Page 1 of 24 4-5-15: Impounding Of Animals 4-5-16: Habitual Violator 4-5-17: Designation And Management Of Dangerous Or At -Risk Dogs 4-5-18: Appeal Procedure For Affected Persons 4-5-19: Denying Ownership 4-5-20: Penalties 4-5-1: LEGAL AUTHORITY: Idaho Code Sections 50-301, 50-304, 50-307, and 25-2812 authorize the City of Eagle to enact ordinances, resolutions, rules and regulations to promote and maintain the public's health and safety in general, and specifically permits the City of Eagle to regulate animals At Large and dangerous and potentially dangerous dogs within its jurisdiction. 4-5-2: SHORT TITLE AND PURPOSE: This Chapter shall be known as the CITY OF EAGLE ANIMAL CONTROL ORDINANCE, and is enacted to provide for the health, safety and welfare of the people of the City of Eagle and the humane and safe treatment of various animals, including dogs, and to establish all required procedures and regulations for the licensing and control of dogs. 4-5-3: DEFINITIONS: ABANDON: To leave an animal unattended for more than twenty-four (24) hours without the owner making arrangements for its food, water and shelter, or releasing the animal upon public highways or public or private property. Shall not apply to a person who captures a free roaming At Large domestic cat, transports the cat to a veterinarian for sterilization surgery, and releases the cat in the approximate location in which it was found for the purpose of cat population control. Shall not apply to the Animal Control Agency. AFFECTED PERSON: Any person, in particular owners, whose rights to own or possess an animal have been adversely impacted by a specific decision to enforce any provision of this Chapter against that person. ANIMAL: Animals shall be classified as follows: Any mammal, reptile, amphibian, fish, bird (including all fowl and poultry) or other member commonly accepted as part of the animal kingdom. ANIMAL CONTROL Any organization(s) authorized by the City to enforce the provisions AGENCY: of this Chapter. ANIMAL CONTROL Any individual authorized by the City or the Animal Control OFFICER: Agency to enforce the provisions of this Chapter, to include, state or local law enforcement officers whose duties include assignments that involve animal seizure and impoundment. Page 2 of 24 ANIMAL CONTROL SHELTER: AT LARGE: AT -RISK DOG: ATTACK: BARKING: BITE OR BITTEN: CAT: COMPANION ANIMAL: CURRENT RABIES VACCINATION: An animal control facility authorized by the City or the Animal Control Agency as the location for the impounding of animals. Any domesticated animal except a service animal is At Large if it is outside the owner's premises and not leashed, unless it is in a dog exercise area designated by the City of Eagle. Any other animal is At Large if it is outside the owner's premises and is not leashed or immediately responsive to verbal or non-verbal direction. Any dog that: A. Without justified provocation bites a person without causing a traumatic injury, as defined in Idaho Code § 18-918(1)(b); or B. Without justified provocation and while At Large has killed, inflicted injury, or otherwise caused injury to a domestic animal by attacking a domestic animal not on the real property of the owner of the dog. C. Has previously been found to be an at -risk dog pursuant to the Idaho Code or a substantially conforming ordinance or statute from foreign jurisdiction. Any aggressive action by an animal that a reasonable person would conclude places any person or domestic animal in reasonable belief of imminent bodily harm. A vocal sound produced by a dog that annoys or disturbs a reasonable person of normal sensitivities. When the skin of an individual or other animal has been broken or penetrated by an animal's teeth in an act of aggression, attack or defense. Both the male and female of the Felidae species. Any animals solely kept as pets including, but not limited to, domestic dogs, domestic cats, rabbits, companion birds, and other animals. An animal that has received a primary rabies vaccine at least thirty (30) days ago, and no more than one (1) year ago or has received a booster vaccine administered according to the manufacturer's written instructions. The rabies vaccine shall be licensed by the United States Department of Agriculture for use in that species (a list of the currently licensed vaccines can be found in the current "Compendium of Animal Rabies Vaccines" prepared and updated annually by the National Association of State Public Health Veterinarians). Page 3 of 24 DANGEROUS DOG: Any dog that: A. Without justified provocation has inflicted serious injury on a person: B. Has been previously be found to be at -risk and thereafter bites or physically harms a person without justified provocation; C. Has previously been found to be a dangerous dog pursuant to the Idaho Code or a substantially conforming ordinance or statute from foreign jurisdiction; or D. Has been previously found to be at -risk and thereafter inflicts injury to a domestic animal not on the real property of the owner of the dog. DOG: Both the male and female of the Canine species. EUTHANASIA: The procedure in which an animal is humanely killed by a method that is painless to the animal and causing unconsciousness and death. This procedure is to be performed by a certified euthanasia technician or licensed veterinarian in accordance with Idaho Code, Title 54, Chapter 21. HARBORING: Allowing an animal to remain, or to be lodged, fed or sheltered on real property the owner occupies or controls for twenty-four (24) consecutive hours, or for one (1) or more hours per day for three (3) consecutive days. IMPOUND: To receive into the custody of the Animal Control Shelter or an Animal Control Officer. JUSTIFIED To perform any act or omission that a reasonable person with PROVOCATION: common knowledge of dog or cat behavior would conclude is likely to precipitate a bite or attack by an ordinary dog or cat. Justified provocation includes, but is not limited to, the following: A. The dog was protecting or defending a person within the immediate vicinity of the dog or cat from an attack or assault; B. The person was committing a crime or offense upon the property of the owner or custodian of the dog; C. The person was at the time, or had in the past, willfully tormented, abused or assaulted the dog; D. The dog was responding to immediate pain or injury or protecting its offspring; E. The dog was working as a hunting dog, herding dog, or predator control dog on the property of, or under the control of, its owner or keeper, and the damage or injury sustained was to a person who was interfering with the dog while the dog was working in a place where it was lawfully engaged in such activity, including public lands; or F. The person was intervening between two (2) or more animals engaged in aggressive behavior or fighting, unless one or both of the animals is At Large. Page 4 of 24 KENNEL: LEASH: NONBITE EXPOSURE: OTHER SUPPORT OR THERAPY ANIMALS: OWN: OWNER: PERSON: PROVOKE: PUBLICLY OWNED PROPERTY: QUARANTINE: RABIES SUSPECT ANIMAL: (For Hobby, Commercial Or Boarding Purposes): Any lot or premises or portion on which three (3) or more dogs, cats and other household domestic animals are maintained, harbored, possessed, boarded, bred or cared for in return for compensation or kept for sale including privately or publicly owned, operated or managed dog pounds. Any rope, leather strap, chain or other material to be held in the hand of a person for the purpose of controlling an animal to which it is attached. Saliva from an animal who has come in contact with a person's open wound or mucus membrane that may pose health concerns. Any animal defined as a "service dog" by Department of Justice Regulations at 28 C.F.R. § 35.104 or any successor or amended regulation. To keep, harbor, or have control, charge or custody of an animal. Animals kept in the custody of a minor or incapacitated person shall be deemed to be owned by the minor's parent(s), guardian or other designated responsible person where the minor or incapacitated person resides. Any person who keeps, harbors, or has control, charge or custody of, or permits any animal to remain on their property. In the event that a minor falls under the definition of "Owner," the parent or guardian shall be liable for all injuries, property damage, fines and impoundment fees caused or incurred by the animal. Any individual, corporation, non-profit, society, co -partnership, limited partnership, limited liability company, association, or any other legal or business entity. A person performing an act or omission that an ordinary and reasonable person would conclude is likely to precipitate dog aggression in the form of a bite or attack. Property owned, leased or otherwise used by tax supported agencies. (Example: City parks, schools, post office.) The strict confinement of an animal in a manner which limits direct contact with other animals not in quarantine or persons other than the owner or caretaker. The quarantine shall be conducted by way of an order issued by the Animal Control Agency designating the specific place, manner and provisions of the quarantine. Any animal which has bitten, scratched, or broken the skin of an individual or has been bitten, scratched or otherwise wounded or had contact with a rabid animal; or any animal showing symptoms suggestive of rabies or any animal that is suspected of having rabies in any way. Page 5 of 24 RESIDENCE: Refers to the place of abode for a person or family that is more than merely temporary shelter. SANITIZE: To make physically clean to the maximum degree that is practical. SECURE ENCLOSURE: An enclosure that securely holds an animal. SERIOUS INJURY: Means an injury to a person characterized by bruising, laceration, or other injury that would cause a reasonably prudent person to seek treatment from a medical professional without regard to whether the person actually sought medical treatment. SERVICE ANIMAL: Any animal defined as a "service dog" by Department of Justice Regulations at 28 C.F.R. § 35.104 or any successor or amended regulation. SERVICE DOG: A dog that is individually trained to do work or perform tasks for the benefit of an individual with a disability, including a physical, sensory, psychiatric, intellectual, or other mental disability. Other species of animals, whether wild or domestic, trained or untrained, are not service animals for the purposes of this chapter. The work or tasks performed by the service dog must be directly related to the individual's disability. Examples of work or tasks include, but are not limited to, assisting individuals who are blind or have low vision with navigation and other tasks, alerting individuals who are deaf or hard of hearing to the presence of people or sounds, providing nonviolent protection or rescue work, pulling a wheelchair, assisting an individual during a seizure, alerting individuals to the presence of allergens, retrieving items such as medicine or the telephone, providing physical support and assistance with balance and stability to individuals with mobility disabilities, and helping persons with psychiatric and neurological disabilities by preventing or interrupting impulsive or destructive behaviors. The crime deterrent effects of an animal's presence and the provision of emotional support, well-being, comfort, or companionship do not constitute work or tasks for the purposes of this chapter. Idaho Code, Title 56, Chapter 701A(5) or any successor or amended statutes. Nothing in this ordinance shall conflict with the provisions of the Federal Americans with Disabilities Act. SERVICE DOG IN TRAINING: WAIVER: "Dog -in -training" means a dog being specifically trained to develop social, environmental, and other skills needed for work with or to perform tasks for an individual with a disability. Dogs- in -training shall wear a jacket, collar, scarf, or other similar article identifying it as a dog -in -training. Idaho Code, Title 56, Chapter 701A(2), or any amended statutes. A statement signed by a licensed veterinarian qualifying the medical reason that an animal should not be vaccinated for rabies. Page 6 of 24 4-5-4: CRUELTY TO ANIMALS: A. Standard of Animal Care: Owners shall provide their animals the minimum standard of care set forth in this Section. Every owner shall provide the animal with sufficient food, water and shelter according to the following minimum standards: 1. Adequate Food: Animals shall be provided, at intervals not to exceed twenty-four (24) hours, a quantity of wholesome food specific to the age of the animal's species that provides a level of nutrition necessary to sustain the good health of the animal. 2. Adequate Quantities of Water: Animals shall at all times have access clean and fresh water. The owner shall replenish the water supply a minimum of every twenty-four (24) hours. 3. Sanitary Animal Keeping: Owners shall keep their animals in a clean, sanitary and healthy manner and not confine them in a manner where they are forced to stand, sit or lie in their own excrement. 4. Shelter: Every owner shall provide their Companion Animal with a shelter structure possessing walls, roof, and raised floor adequate to shield the animals from wind and rain. The structure shall be adequately ventilated and provide protection from excessive heat and cold, and shall be commensurate to the size of the inhabiting animal to permit it to move about freely. 5. Tethering: An owner shall not tether a dog or other Companion Animal through use of a choke collar or tether, or confine an animal in such manner that it can become entangled to the extent it cannot move freely, or reach shelter or water, or become entangled with another animal. The area where the animal is tethered or confined must be free of extraneous material that may cause it injury (materials such as glass, sharp metal and nails). No animal may be kept continuously tethered for more than twelve (12) hours during any twenty-four (24) hour period or tethered on a continuous basis. As defined by ADA and Idaho Code for an individual with a disability who has a service dog/service dog in training or a trainer who is training a dog for an individual with a disability. See ADA and Idaho Code Title 56, Chapter 7 for definitions and exemptions for off leash/tether/harness. 6. Exercise: Every confined animal must be regularly provided with physical activity appropriate to their species, age and condition sufficient to maintain their good health. 7. Veterinary Care: The owner of a diseased or injured animal shall promptly provide the animal with appropriate veterinary care and shall segregate the diseased animal from other animals, as necessary to prevent the transmittal of disease. B. Animal Fights Prohibited: It shall be unlawful for any person to attend or participate in any dogfight, cockfight, bullfight, or other such combat between animals. C. Fighting Equipment: It shall be unlawful to possess cockspurs, slashers, gaffs, or other tools, equipment, devices or training facilities intended for purposes for training or engaging an animal in combat with another animal. D. Animal Exhibition; Circus: It shall be unlawful for an animal exhibition or circus to perform acts or establish exhibits where the performing or exhibited animals are induced to Page 7 of 24 perform through the use of chemical, mechanical, electrical, or manual devices in a manner which is likely to cause physical injury or suffering. E. Confinement without Food and Water; Intervention: A person observing a Companion Animal confined without access to food or water for more than twenty-four (24) hours, should immediately contact the Animal Control Agency. A person acting in good faith to provide food, water or shelter to a mistreated animal shall be immune from civil liability. F. Improper Containment of Animal in Motor Vehicle or Trailer: No person(s) shall permit an animal to be contained within a motor vehicle or trailer under conditions that endanger the health, safety or wellbeing of the animal. This provision includes circumstances relating dangerous temperatures or lack of air, food, water and proper care. An Animal Control Officer, law enforcement officer or public official who has probable cause to believe a confined animal is imperiled shall have the authority to enter the motor vehicle or trailer by any reasonable means after making an effort to locate the owner. G. Abandonment: It shall be unlawful to abandon an animal intentionally, knowingly, recklessly, or with criminal negligence, or leave an animal at a location without providing for the animal's continued care. Abandonment includes the disposing of an animal at or near an animal shelter, veterinary clinic or other place of shelter without first making provisions for its reasonable care. H. A violation of this Section shall constitute a misdemeanor and shall be punished as provided for in Section 4-5-20. 4-5-5: DOG LICENSES: A. Location for Purchasing License: Dog licenses shall be purchased at locations designated by the City of Eagle. B. License Required; Exceptions: It shall be unlawful for any person to own, harbor, keep or possess a dog older than six (6) months of age within the City without first procuring a license as required by this Chapter, except: 1. Dogs whose owners are nonresidents, but who are temporarily residing within the City for thirty (30) days or less, and possessing a license issued by another municipality or other licensing authority. 2. Dogs brought into the City for the purpose of participating in shows, exhibits, competitions, or similar events. 3. Service Dogs and Service Dogs in training specially trained to assist people with disabilities where the dog is serving in this capacity. C. License Term; Application; Fees: 1. Dog licenses shall be valid until the last day of the month, one (1) year or two (2) years from the month of original issue depending on the duration of license purchased. The owner of the dog located within the City shall make application at designated locations and pay a license fee as set by resolution of the City of Eagle. Page 8 of 24 2. No dog will be licensed as spayed or neutered without proof the surgery was performed. 3. At time of payment the license issuer shall provide a receipt designating the dog owner's name, license number, animal gender (or status of spayed or neutered) and the amount paid. A metal tag bearing the number corresponding to that affixed upon the receipt will also be provided when purchasing a new license. 4. If a license is lost, the dog owner shall apply for a replacement tag and pay the appropriate fee. 5. Dog licenses may be purchased year-round and renewed up to thirty (30) days prior to expiration. 6. A late fee shall be required for renewal thirty (30) days after expiration date. D. Use of Improper or Imitation Dog License: It shall be unlawful for a person to allow their dog to wear a license tag issued to another dog or wear an imitated City license tag representing the current year's registration, or any tag marked on plate or collar similar to that required by this ordinance. E. Exceptions: Service Dogs/service dogs in training: License fees shall be waived for any service dog/service dog in training that has been task trained for or is being task trained for an individual with a disability. To qualify under this exception, the owner and user of the dog must sign an attestation that they meet the requirements under the Americans with Disabilities Act as disabled or they meet the statutory requirements as a trainer under Idaho Code Title 56, Chapter 704B(2). Personal protection, comfort or therapy dogs do not qualify for an exemption under this chapter. Additionally, there shall be no cost for any dog temporarily in the care of a shelter who needs to live in a home environment prior to adoption. 4-5-6: KENNEL LICENSES: A. License Requirements: All kennels must be licensed. Applications are to be addressed to the Animal Control Agency. The application shall state the name and address of the owner, the location of the kennel or residence, and the number and type of dogs or cats to be kept. The City fee for a kennel license shall be set by resolution of the City of Eagle. The City may seek an authorized officer of the Animal Control Agency to inspect all prospective kennels or multiple animal residences prior to granting a kennel permit. The Animal Control Agency will ensure that the designated number of animals and the housing and keeping of such animals will not likely constitute a public nuisance, as defined in Section 4-1-1. B. Any application for a kennel license must include: 1. Licensing for each dog that is subject to licensing under Section 4-5-5. 2. Written approval for a kennel license, which shall be in the form of an approved conditional use permit and a valid zoning certificate issued pursuant to Title 8 of the Eagle City Code. Page 9 of 24 4-5-7: DOGS RUNNING AT LARGE PROHIBITED: A. Dogs At Large: Notwithstanding the following subsections, it shall be an infraction for any owner to allow a dog(s) to run At Large, as defined above. B. Impoundment: The Animal Control Agency may impound any dog found At Large and there is no owner present, subject to redemption in the manner as provided for in this Chapter. It shall be unlawful to kill, destroy, or cause injury to a dog At Large, except as provided for elsewhere in this Chapter. C. Collar and Tag Required: Every dog shall wear a substantial, durable collar or harness at all times, to which the required license tag shall be securely attached. D. Training and Exercise Grounds: The City of Eagle may designate public grounds for the training or exercise of dogs, subject to certain rules and regulations. Dogs exercising in these areas need not be controlled by leash, provided they are under the control of a responsible person through whistle, voice, or other effective command. E. Public Parks, Pathways, and City Property: Unless otherwise posted, all dogs must be on a leash while in a public park, play field or other City owned property. No animal shall be taken upon or allowed on 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 where designated as prohibited. 1. This section shall not apply to: a. Police officers and their K9 during the official performance of their duties; b. Handlers of search and rescue animals during the official performance of their duties; or c. Persons with disabilities utilizing a service animal or service animal in training. E. Enclosure Requirements: Any owner who relies upon a fence, or other enclosure, to contain a dog while it is out of doors must maintain the fence or enclosure in a condition to prevent the dog from escaping and running At Large. In the event a dog escapes and is found At Large, or injures or attacks another animal or person through a defective fence, the Animal Control Agency may investigate and document the condition of the fence or enclosure where the owner regularly keeps the dog. If the fence is found to be defective or damaged, the owner shall repair the identified damage, deficiencies, or defects in the fence. If the owner fails to repair the identified damage, deficiencies, or defects, and the dog is again found running At Large, the owner may be cited under this provision for failure to repair the fence to prevent a dog from running At Large in addition to a citation for the dog running At Large as defined in 1-4-1. 4-5-8: RABIES CONTROL, QUARANTINE: A. Rabies Vaccination Requirements: 1. Vaccination Required: The owner or custodian of any dog within the City shall vaccinate such animal against rabies within thirty (30) days of: a. The dog becoming four (4) months of age; Page 10 of 24 b. Acquiring a dog without documented proof of current rabies vaccination; or c. Bringing a dog four (4) months of age or older into the City's limits. 2. Revaccination Intervals: The owner or custodian of any dog within the City that has been vaccinated against rabies is required to revaccinate such animal within a period of not more than: a. Twelve (12) months after the animal's initial vaccination, if the animal was between four (4) months and one (1) year of age at the time of such vaccination; and b. Thirty-six (36) months after each subsequent vaccination. 3. Rabies Vaccination Waiver: Upon physical examination of a dog, an Idaho licensed veterinarian may provide a written waiver from rabies vaccination based on an illness or infirmity in such animal, or based on a positive rabies antibody obtained by laboratory testing. A written waiver must provide an expiration date, not to exceed twelve (12) months. Upon expiration, the animal must be vaccinated, or it must be physically reexamined by an Idaho licensed veterinarian, who may issue a new written waiver from rabies vaccination following the same guidelines set forth herein. 4. Approved Vaccination: Only U.S. Department of Agriculture (USDA) approved rabies vaccinations may be administered to dogs and cats within the City. 5. Certificate of Vaccination: An Idaho licensed veterinarian who vaccinates a dog against rabies within the City, must immediately issue a certificate of vaccination signed by the veterinarian to such animal's owner or custodian. The certificate of rabies vaccination shall provide the following information: a. The date of the vaccination; b. The name and address of the vaccinated animal's owner or custodian; c. The type of vaccine used, the vaccine manufacturer's name, and the vaccine's serial or lot number; and d. The breed, age, color, sex, and name of the vaccinated dog. 6. Maintaining Vaccination Records: The owner or custodian of a dog shall maintain copies of the certificates of rabies vaccinations for the animal and shall produce such records upon request by: a. An Animal Control Officer; b. A person who was injured by and potentially exposed to rabies by such animal; c. A licensed physician who is currently treating a person who was injured by and potentially exposed to rabies by such animal; or d. A veterinarian who is currently treating an animal that was injured by and potentially exposed to rabies by such animal. Page 11 of 24 B. Duty to Report and Confine Suspected Rabid Animals: It shall be unlawful for an owner or person having charge, custody or control of any animal, who learns or observes the animal act in a manner that would lead a reasonable person to suspect the animal is infected with rabies: 1. To fail, refuse, or neglect to immediately notify the Animal Control Agency; 2. To fail to securely confine such animal as directed by the Animal Control Agency; 3. To fail, refuse, or neglect to allow a licensed veterinarian to inspect or examine such animal for symptoms of rabies. C. Quarantine of Biting Animals; Suspected Rabies - Procedures: 1. An owner or custodian of any animal who learns of or observes such animal exhibiting rabies symptoms or observes the animal act in a manner that would lead a reasonable person to suspect the animal is infected with rabies, shall surrender the animal for quarantine to an animal shelter or licensed veterinarian. 2. An owner or custodian of any animal that has bitten a human in which the skin was broken shall surrender such animal for quarantined confinement to an animal shelter or a licensed veterinarian. 3. An owner or custodian of any animal which comes into contact with a known rabid or suspected rabid animal shall be quarantined in a place and manner, and for a period of time, designated by the Director of the Animal Control Agency. 4. Quarantine Period: Any animal quarantined for biting or under suspicion of rabies infection shall be confined and observed by a licensed veterinarian for a period of no less than ten (10) days and not more than fifteen (15) days from the date the bite was inflicted. 5. Alternative Quarantine Procedure: At the discretion of the Director of the Animal Control Agency, the quarantine of an animal may be conducted at a licensed boarding kennel or upon the premises of the owner or custodian of the animal. During the period of quarantine, the animal must be securely confined and isolated from contact with humans and other animals. Within forty-eight (48) hours of the conclusion of the quarantine period, and at the owner's or custodian's expense, the owner or custodian shall have the animal examined by a licensed veterinarian, the Animal Control Agency, or an Animal Control Officer to determine whether the animal exhibits any symptoms of rabies or has died. In the case of a veterinary examination, the owner or custodian shall submit a true and accurate copy of the veterinarian's examination record to the Animal Control Agency. If the animal dies while in alternative quarantine, the animal's owner or custodian shall immediately notify the Animal Control Agency and surrender the carcass for testing if requested by the Animal Control Agency. 6. Surrender for Destruction of Rabid Animals: The owner or custodian of an animal that is determined to be rabid shall surrender the infected animal to the Animal Control Agency, if not already in possession of the Animal Control Agency. The animal's diagnosis shall be confirmed. If the animal is found to be rabid then the animal shall be euthanized by the Animal Control Agency after the owner is notified. Page 12 of 24 7. Impoundment; Fees and Costs; and Disposal of Quarantined Animal: Any animal exhibiting rabies symptoms may be impounded for quarantine, and the animal's owner shall be liable for all related fees and costs as set forth in this Chapter. Impounded animals for quarantine are subject to disposal by the Animal Control Agency as set forth in this Chapter. D. Contagious Diseased Animals At Large: It shall be unlawful for any person to permit or allow any animal with a contagious or infectious disease to run At Large upon the public streets, or to be within and upon any public transportation facility, or any other public building or place within the City, or to expose such animal in any public building or place, whereby the health, safety and wellbeing of the public, or any member or members thereof, may be affected; nor shall such animal be shipped or removed from the premises of the owner of such animal, except under the supervision of the Animal Control Agency. 4-5-9: ANIMALS PRESENTING AN IMMEDIATE DANGER: A. If an animal: 1. Presents an immediate danger to the health and safety of a person; 2. Is threatening a person; or 3. Is harming a person; Then the animal may be restrained by whatever humane means necessary and even destroyed if absolutely necessary to prevent injury to the victim. Alternatively, a law enforcement officer, the Animal Control Officer or Animal Control Agency may, if practical, apprehend the animal and impound it. B. Any owner of an animal presenting an immediate danger without provocation, as described above, in addition to any other penalties as provided in this Chapter, shall be guilty of a misdemeanor. 4-5-10: DIRECTING A DOG TO HARASS OR ATTACK: It shall be unlawful for the owner or person in possession of any animal to direct, encourage, cause, allow, or otherwise aid or assist a dog to threaten, charge, bite, harass, menace, or attack a person or other animal within the City. The directed animal may be seized and impounded. This Section shall not apply to an attack by a dog under the control of a law enforcement officer or resultant from an attack upon an uninvited intruder who enters the owner's property with a criminal intent. 4-5-11: CRIMINAL RESPONSIBILITY FOR DOG BITES AND ATTACKS: A. An owner or person in possession of a dog that bites or attacks a Companion Animal, or bites or attacks a human being without causing serious injury and without justified provocation as provided in this Chapter, is guilty of an infraction, and shall be punished per 1-4-1 upon conviction. Further, as consequence of the owner or person in possession pleading guilty or being found guilty of an infraction under this subsection, the dog which bit or attacked shall be deemed an At -Risk Dog, provided the animal is found to meet the definition as provided in this Chapter, and that justified provocation was not a factor in the incident. The provisions of Section 4-5-17 applicable to keeping at -risk dogs shall apply to that dog. Page 13 of 24 1. If, within twelve (12) months from the date of a conviction under this Section, a dog again attacks or bites a Companion Animal, or attacks or bites a human being and without justified provocation, and without causing serious injury, the owner, or person in possession, shall be guilty of misdemeanor. Further, as a consequence of the owner or person in possession pleading guilty or being found guilty of a misdemeanor under this subsection, the dog which bit or attacked shall be deemed dangerous. The provisions of Section 4-5-17 applicable to keeping dangerous dogs shall apply to that dog. B. Any owner, or person in possession, of a dog that bites or attacks a human being and causes serious injury and without justified provocation as provided in this Chapter shall be guilty of a misdemeanor. Further, as a consequence of the owner (or person in possession) pleading guilty or being found guilty of a misdemeanor under this subsection, the dog which bit or attacked shall be deemed a Dangerous Dog provided the animal is found to meet the definition of dangerous dog as provided in this Chapter, and that justified provocation was not a factor in the incident. The provisions of 4-5-20 applicable to keeping a Dangerous Dog shall apply. 4-5-12: HABITUAL BARKING OR NOISEMAKING; NUISANCE: A. Prohibition: It shall be unlawful for a person to fail to exercise proper care and control of their animal. To prevent it from becoming a public nuisance, as the term public nuisance is defined in Chapter 1, Title 52, of the Idaho Code, a person shall be subject to criminal liability and guilty of a misdemeanor for allowing an animal to become a public nuisance when such person permits or allows an animal to: 1. Bark, bay, cry, howl, or emit any excessive animal noise audible beyond the boundaries of the property on which the animal is situated for an extended period of time, day or night, thereby unreasonably disturbing another person. For purposes of this Section "extended period of time" means either: a. Barking, baying, crying, howling, or other animal noise emitted by one or more animals incessantly for thirty (30) minutes, with no individual period of silence of more than one (1) minute during the thirty (30) minute period; or b. Barking, baying, crying, howling or other animal noise emitted by one or more animals intermittently for a total of sixty (60) minutes or more within a twenty-four (24) hour period. B. Exceptions: This Section shall not apply to animals that are being harassed or provoked by a person to cause such noise, that are maintained on land zoned for agricultural purposes, are kept at a properly permitted animal shelter established for the care and placement of unwanted or stray animals, or are kept at a properly zoned commercial boarding kennel. C. Proof of Excessive Noise Nuisance: The owner or custodian of an animal may be charged with excessive animal noise nuisance when an Animal Control Officer: 1. Receives signed complaints alleging an animal noise nuisance from at least two (2) unrelated adult witnesses residing in different residences; 2. Receives a signed complaint alleging an animal noise nuisance from one adult witness who has an audio or video recording of the alleged violation; Page 14 of 24 3. Receives a signed complaint alleging an animal noise nuisance from one (1) adult witness and the Animal Control Officer also personally observes noise emission consistent with the complainant's allegations, even if the noise emission witnessed by the officer is for less than the required amount of time under this ordinance; or 4. Personally witnesses the excessive noise violation for the required period of time under this ordinance. D. Other Animal Nuisances: Another animal nuisance may occur when: 1. An animal threatens, or acts aggressively towards, passersby; 2. An animal chases vehicles, individuals on bicycles, scooters or similar devices, or pedestrians; 3. An animal attacks other animals; 4. An animal trespasses upon public or private property in such a manner as to damage the property; 5. An excessive amount of animal feces is permitted to accumulate in such a manner as to present a health risk to a person or which is of such quantity as to generate odors off the premises of the animal owner; or E. Nuisance Feral Cat Prevention: Any cat not spayed or neutered that is permitted to be out of doors not under the direct control of its owner is deemed a nuisance. The Animal Control Agency may seize any cat At Large and may spay or neuter such animal. The Animal Control Agency may mark the cat as being spayed or neutered by marking the animal's ear, or through some other methodology. A cat that is seized pursuant this Section, spayed or neutered, and marked as such, may be released by the Animal Control Agency to the location from which it was seized. 4-5-13: ENFORCEMENT OFFICIAL; ANIMAL SHELTER: A. Animal Control Agency: 1. Appointment of Animal Control Agency: The City of Eagle is authorized to appoint an Animal Control Agency to enforce the provisions of this Chapter. 2. Duty of Animal Control Agency, Shelter and its Officers or Assigns: The Animal Control Agency is authorized to enforce the provisions of this Chapter and is designated as a peace officer for this purpose. The Animal Control Agency is authorized to make necessary animal seizures. The Animal Control Agency may remove and keep any animal in violation of the provisions of this Chapter. The Animal Control Agency shall issue a notice of ordinance violation to enforce provisions of this Section. The notice of ordinance violation may be signed by any person witnessing a violation as well as the witnessing Animal Control Officer whose name shall be affixed on the notice of ordinance violation. B. Designation of Animal Control Shelter: The City of Eagle shall designate an official Animal Control Shelter where animals found in violation of this Chapter shall be taken. Page 15 of 24 4-5-14: OBSTRUCTING ANIMAL CONTROL OFFICER: A. No person shall obstruct, delay, hinder, hide, conceal, or interfere with any person authorized by the City of Eagle to discharge their duties under this Section. The following acts are considered obstructing or interfering with an Animal Control Officer's duties: 1. Removing an animal from the animal control shelter or from the custody of an Animal Control Officer without the authority of the Animal Control Agency. 2. Removing an animal from the animal control shelter without paying the designated fees. 3. Threatening or obstructing an Animal Control Officer acting in their official powers or duties. 4. Committing an act that interferes with or obstructs an Animal Control Officer acting in the discharge of their duties. 5. It is unlawful to make a false or misleading statement or representation about animal ownership or custody to an Animal Control Agency, shelter or officer. B. An Animal Control Officer in the course of their duties has an obligation to identify who they are to those requesting that information and provide a current work address and, if necessary, sign an acknowledgement of receipt of infraction or misdemeanor. C. Any person violating this Section shall be guilty of a misdemeanor. 4-5-15: IMPOUNDING OF ANIMALS: A. An Animal Control Officer may impound an animal if they have probable cause to believe a violation of any provision of this Chapter has occurred and for which an animal may be impounded. The notice and terms of impoundment, redemption, and disposal of such animal are set forth in this Section. B. Record of Impounding: At time of animal impoundment the Animal Control Agency shall record the date of impounding, a description of the animal impounded, the reason behind the impoundment and an assessment of its identity if that can be determined. C. Identified Animals: Within twenty-four (24) hours after impoundment of an identified animal, the Animal Control Agency shall make all reasonable efforts to notify the owner of the animal's impoundment. D. An Animal Control Officer may impound any animal if they have probable cause to believe the animal has been left unattended due to the arrest, hospitalization, or other incapacity of the owner. E. Redeeming Animals: 1. Animals brought to the animal control shelter shall be provided humane treatment and sufficient food and water for their comfort. They shall be held by the Animal Control Shelter for a period of time, as determined by the impounding agency, unless they are subject to other provisions of this Section. Page 16 of 24 2. This Section does not apply to animals that are sick or injured to the extent that their impoundment will prolong their suffering and a better course of action would be to humanely euthanize the animal in the opinion of a licensed veterinarian. 3. The owner of any animal that is lawfully impounded shall be responsible for and pay all fees and expenses related to the impoundment whether or not the animal is later claimed. 4. The following protocol is required to reclaim an animal, unless otherwise noted: a. Execution of a sworn statement of current ownership. b. Proof of current license (if required) in the circumstance the animal is untagged, or purchase of a license and tag. c. Payment of the impoundment fees. d. Payment of the boarding fee according to the boarding schedule. e. Payment of any veterinary and hospital expenses incurred during the animal's impoundment. E. Refusal to Redeem Impounded Animal; Adoption; Appeal: The animal may not be redeemed by the owner, if, in the judgment of a licensed veterinarian or an agent of the Animal Control Agency, an animal should not be returned to the owner for humane or public health reasons. The owner shall be provided written notice of this decision, and the owner shall be permitted to appeal this decision to the director as an affected person. After completion of an appeal, or after the time for filing an appeal has passed, the Animal Control Agency may either: (1) find a responsible person to adopt the animal; or (2) euthanize the animal. F. Impoundment fee: The Animal Control Shelter shall charge a fee, set by resolution of the City of Eagle for receiving an animal into custody. This fee shall be paid at time of animal redemption and these fees shall be remitted to the City of Eagle. G. Boarding Fees: The Animal Control Shelter shall be entitled to charge a boarding fee for the keeping and selling of an animal and these fees shall be retained by the Animal Control Shelter. H. Annual Report of Fees: The charges associated with the keeping and selling of an animal shall be determined by the Animal Control Shelter. The fees charged by the Animal Control Shelter for boarding and keeping any animal shall be paid at time of animal redemption along with any veterinary and hospital expenses incurred during the animal's impoundment. The Animal Control Shelter is obligated to keep a fee schedule for services rendered available for public inspection and advise the City of Eagle annually the fees it charges for its services. 4-5-16: HABITUAL VIOLATOR: A. Notice of Abatement; Appeal: In addition to any legal remedy available under the provisions of this Chapter, the Animal Control Agency may notify and direct, in writing, an owner who is guilty of three (3) convictions of a violation of this Chapter in any twelve (12) month period to abate and remove the animal(s) causing the violations from the City within five (5) calendar days from the date of the notice; or, in the alternative, to abate and transfer Page 17 of 24 ownership and possession of the animal to another person not living at the same place of residence. B. Request Hearing Before District Court: The owner of an animal that has been served with an order of abatement, pursuant to subsection A. of this Section, may appeal such order by requesting a hearing before the district court by submitting a written request to the clerk of the court. Any appeal must be filed within five (5) calendar days following service of the notice. C. Failure to Abate; Impoundment of Animal: If the owner of the animal is found in violation of the abatement notice and has failed to timely appeal the notice or lost their appeal, the animal shall be removed and impounded by the Animal Control Agency, subject to all impoundment procedures; provided, however, the animal may not be returned to the same residence or property from where it formerly resided or was impounded. The owner of the animal shall be responsible for the fees incurred as a result of the seizure and impoundment of the animal. 4-5-17: DESIGNATION AND MANAGEMENT OF DANGEROUS OR AT -RISK DOGS: A. Purpose. 1. Dangerous and At -Risk dogs found within the boundaries of the City of Eagle present a risk to the health, safety, and welfare of persons and other animals. The purpose of this Section is to provide policies and procedures for the safe management of Dangerous and At -Risk dogs to promote the public health, safety, and welfare, while also promoting the humane and ethical treatment of animals. B. Procedure for Designating a Dog as Dangerous or At -Risk. 1. If an Animal Control Officer has probable cause to believe a dog is Dangerous or At - Risk, as those terms are defined in this Chapter, the Officer shall have authority to designate the dog as Dangerous or At -Risk and shall serve a written Notice of Designation on the owner of the dog. An Animal Control Officer shall have authority to designate an animal regardless of whether or not an owner has been charged with a crime related to an unprovoked animal attack. The Notice of Designation shall: a. Be personally served on the owner by an Animal Control Officer or other authorized person. b. Identify whether the dog is being designated as Dangerous or At -Risk; c. Identify the date on which the officer determined the dog to be Dangerous or At -Risk; d. Provide a description of the factual circumstances and events that support the officer's decision to designate the dog as Dangerous or At -Risk; e. Provide a clear description of the dog such that it can be identified, a photograph of the dog is encouraged; f. Provide notice that the owner may petition the Animal Control Agency to review the Officer's decision to designate the animal as Dangerous or At -Risk; Page 18 of 24 g. Provide notice that the Officer's designation decision shall become final after ten (10) business days if the owner fails to petition the Animal Control Agency to review the Notice of Designation; h. Provide notice that owners of a dog designated as At -Risk or Dangerous may either keep the dog in their possession and be subject to the restrictions the Animal Control Agency puts in place for the keeping of such dogs, or may voluntarily relinquish custody of the dog to the Animal Control Agency; and i. Provide notice that the final disposition of a dog voluntarily relinquished to, or seized by, the Animal Control Agency pursuant to this Section may be adoption or euthanasia, and this decision shall be in the sole discretion of the Animal Control Agency. 2. No dog may be designated as Dangerous or At -Risk when, at the time an injury or damage was sustained, the precipitating cause constituted justified provocation. 3. An Animal Control Officer has the authority to seize and impound a dog that has been determined, by an Animal Control Officer, to be: a. Dangerous; or b. Present an ongoing risk. 4. When an Animal Control Officer designates a dog as At -Risk the Animal Control Officer shall have authority, but is not required, to seize and impound the dog. Where the officer chooses to leave the dog in the owner's custody and care, based upon the owner's express willingness to comply with requirements and restrictions for keeping such dogs, the Officer shall provide notice to the owner of the requirements and restrictions for keeping At -Risk dogs as provided in this Section. 5. If an owner chooses to petition the Animal Control Agency to review the Officer's designation decision, the owner shall be responsible for any fees associated with boarding and caring for the animal during the time the petition and any additional proceedings are pending, as well as any fees associated with processing and considering the petition. C. Any owner that receives a Notice of Designation shall be permitted to appeal that designation as an affected person as provided in this Chapter. D. Keeping Dangerous Dogs: The owner of a dog designated as Dangerous, or a new adoptive owner of a dog designated as Dangerous prior to being adopted, shall be subject to the following restrictions for the keeping of such dog within the boundaries of City of Eagle: 1. The dog shall be licensed pursuant to the provisions of this Chapter. 2. The owner shall be required to have a microchip implanted in the dog that allows for identification of the animal and the owner shall be required to report the microchip number to the Animal Control Agency. 3. The owner shall be required to procure and maintain liability insurance of not less than one hundred fifty thousand dollars ($150,000) in the case of a dog that is designated as Dangerous based on an attack or injury inflicted on any person, or twenty thousand dollars Page 19 of 24 ($20,000) in the case of a dog that is designated as Dangerous based solely on attacks or injuries inflicted on animals but not people, that covers any damage or injury that may be caused by such Dangerous dog; the City shall be named as an additional insured on this policy for the purpose that the City Clerk, or other licensing authority, will be notified by the insurance company if the policy is cancelled, terminated, or otherwise expires. 4. The dog shall be contained within an enclosure on the owner's property; this enclosure may be a fence, kennel, or other adequate means of containing the animal to the owner's property. The Animal Control Agency shall be permitted to inspect such enclosure, and if the enclosure is found to be defective or inadequate by the Agency the owner shall not be permitted to keep the dog until the enclosure improved as requested by the Animal Control Agency. Failure to improve the enclosure shall result in the inability of the owner to keep the Dangerous Fog. 5. The owner shall be required to post signs on their property that announce to other persons that there is a Dangerous Dog on the property. Such signs must be placed at any potential entrance point to the yard or home (such as at gates, doors, and on the enclosure where the dog is kept), and must include words indicating the presence of a "dangerous" dog. A sign merely stating "Beware of Dog," without also identifying the dog to be "dangerous," "vicious" or some substantially similar word indicating the dog's propensity for aggression shall be insufficient. 6. In the event the owner takes the dog off their property, the dog shall be on a leash no greater than three (3) feet in length, and the dog shall also be required to wear a muzzle. The leash must be of adequate strength to restrain the dog, and the person holding the leash must be physically capable of restraining and controlling the dog; the dog must not be allowed to be off leash within city limits including any areas designated as off leash areas, the dog shall not be kept at dog care facilities where dogs are kept in group off leash housing. The owner or custodian of the dog shall ensure that the dog is not allowed to have physical contact with any other dog or person other than the keeper, custodian or immediate family of the owner when off the property of the owner. 7. The owner shall be required to spay or neuter the dog. 8. The owner shall be obligated to schedule and obtain annual inspections of the dog by the Animal Control Agency. E. Keeping At -Risk Dogs: The owner of a dog designated as At -Risk, or a new adoptive owner of a dog designated as At -Risk prior to being adopted, shall be subject to the following restrictions for the keeping of such dog within the boundaries of the City of Eagle: 1. The dog shall be licensed pursuant to the provisions of this Chapter; 2. The owner shall be required to have a microchip implanted in the dog that allows for identification of the animal and the owner shall be required to report the microchip number to the Animal Control Agency; 3. The dog shall be contained within an enclosure on the owner's property; this enclosure may be a fence, kennel, or other adequate means of containing the animal to the owner's property. The Animal Control Agency shall be permitted to inspect such enclosure, and if the enclosure is found to be defective or inadequate by the Agency the owner shall not be permitted to keep the dog until the enclosure improved as requested by the Animal Control Agency. Page 20 of 24 Therefore, the dog may be impounded until the enclosure is repaired or improved. Failure to improve the enclosure shall result in the inability of the owner to keep the At -Risk dog; 4. In the event the owner takes the dog off their property, the dog shall be on a leash no greater than six (6) feet in length. Further the leash must be of adequate strength to restrain the dog, and the person holding the leash must be physically capable of restraining and controlling the dog; the dog must not be allowed to be off leash within City limits including any areas designated as off leash areas, the dog shall not be kept at dog care facilities where dogs are kept in group off leash housing. The owner or custodian of the dog shall ensure that the dog is not allowed to have physical contact with any other dog or person other than the keeper, custodian or immediate family of the owner when off the property of the owner. F. In addition to any criminal penalties, failure to comply with any of the restrictions in Section (D) or (E) above may result in the dog being immediately seized and impounded. An owner is permitted to redeem the animal from impound so long as the owner comes into compliance with the provisions of Section (D) or (E), whichever is applicable, within ten (10) days of the dog being seized. If the owner fails to come into compliance with the provisions of the applicable Section (D) or (E), the Animal Control Agency may place the dog up for adoption or euthanize the dog, provided the Agency complies with the adoption or euthanasia guidelines provided for elsewhere in this Chapter. G. Transfer of At -Risk or Dangerous Dogs: If an owner of an At -Risk or Dangerous dog transfers ownership of the dog to another person, they shall be obligated to notify the new owner of the designation. Further, they shall be obligated to notify the Animal Control Agency of the transfer of ownership of the animal, and provide to the Animal Control Agency the name, physical address, and telephone number of the new owner of the dog. The new owner shall be obligated to comply with the requirements set forth in this Section for keeping At -Risk or Dangerous dogs. H. Disposition of Dogs Designated as Dangerous or At -risk. 1. In the event a dog designated as Dangerous again, while unprovoked, attacks a person, such dog shall be subject to immediate impounding by the Animal Control Agency and shall be humanely euthanized as expeditiously as reasonably possible. Such second attack need not cause serious injury for this provision to apply. 2. As proscribed elsewhere in this Chapter, Dangerous or At -Risk dogs may be impounded under various circumstances. Where such dogs are voluntarily relinquished by the owner, or where the owner cannot or will not redeem the dog from impound, the Animal Control Agency shall be permitted to place the dog for adoption if, in the Agency's judgment, the dog can be safely adopted to a new home. Where the Agency concludes the dog cannot be safely adopted, the Agency shall humanely euthanize such animal. 3. If the Animal Control Agency chooses to place for adoption a dog currently or previously designated as Dangerous or At -Risk to a new home, the Animal Control Agency shall provide written notice to the person(s) adopting the dog of its current or previous designation. Prior to approving the adoption, the Agency shall obtain a written signed waiver from the adopting person(s) indicating they are aware of the dog's designation, and will not hold the City liable for incidents that may arise related to the dog's behavior. Further, where the designation is currently Page 21 of 24 in place and not expired or vacated, the Animal Control Agency shall notify the person(s) adopting the animal of the restrictions placed on an owner of such animal provided for in Eagle City Code Section 4-5-17(D) and (E), and the owner shall be obligated to comply with these restrictions. 4. The Animal Control Agency, in its sole discretion, shall be authorized to deny a request to adopt a Dangerous or At -Risk dog. The Animal Control Agency shall be particularly sensitive to the potential risks associated with adopting the animal to a home with small children or other vulnerable individuals, and only approve such adoptions in rare circumstances. The Agency's decision to deny an adoption request under this provision is not subject to appeal. 5. The Animal Control Agency shall keep records of dogs designated as Dangerous or At - Risk. The records kept shall at a minimum contain information identifying the dog (including name, breed, color and markings description, microchip number, and gender), the date of the Notice of Designation, and the name and contact information for the current owner of such dog. I. Expiration or Cancellation of At -Risk Designation. 1. The designation as an At -Risk dog shall expire twenty-four (24) months after the Notice of Designation is served on the current or previous owner, provided the dog has not acted in a manner or committed an act during that twenty-four (24) month period that would constitute grounds to again designate the dog as At -Risk. 2. An owner of an At -Risk dog may petition the Animal Control Agency earlier than twenty-four (24) months to cancel the designation as At -Risk. The petition shall set out factual or legal circumstances that would warrant the cancellation of the designation. The Agency receiving such a petition shall investigate the circumstances asserted by the owner, and provide a written decision to the owner either granting or denying the petition. An owner may file more than one petition under this provision, provided no owner shall bring more than one such petition during any twelve (12) month period of time. The owner bringing such petition shall be responsible for all fees and costs incurred by the City or Animal Control Agency in processing said petition. J. The owner of a dog impounded under any provision of this Section shall be liable to the Animal Control Agency for costs associated with boarding and caring for the animal until the animal redeemed from impound, adopted, or euthanized, except where the animal was voluntary relinquished to the Animal Control Agency. K. An owner of a dog who violates any provision of Eagle City Code Section 4-5-17 shall be guilty of a misdemeanor and shall be punishable as provided herein. 4-5-18: APPEAL PROCEDURE FOR AFFECTED PERSONS: If an Animal Control Officer determines a dog to be At -Risk or Dangerous, the Animal Control Officer or Agency shall notify the dog owner of the determination. The results of the investigation will be reported to the Animal Control Agency and to the dog owner. The dog owner has the option of filing an appeal with the district court. Such appeal shall be within ten (10) days of the designation as an At -Risk or Dangerous dog. Depending on the circumstances, the dog may be impounded pending disposition of the case. The hearing procedures shall be Page 22 of 24 governed by the Idaho Rules of Civil Procedure with the burden of proof on the owner of the dog to show the dog should not be classified as Dangerous or At -Risk. A. Destruction of Dangerous Dog: 1. If the court finds the dog is Dangerous, then the court may order the Owner to comply with restrictions set out by the Animal Control Agency, or such dog shall be subject to destruction by the Animal Control Agency. Upon request of the owner, the dog's remains shall be provided to the owner within five (5) days of destruction. 2. If the court finds that the dog is not At -Risk or Dangerous as defined in this Chapter, such dog may be released to the custody of the owner upon payment of any outstanding impoundment fees. 4-5-19: DENYING OWNERSHIP: It shall be a misdemeanor for an owner of an animal to deny ownership of that animal. 4-5-20: PENALTIES: Except where specifically provided otherwise within this Chapter, any person violating any of the provisions of this Chapter for which a fixed fine has not been designated shall be deemed guilty of a misdemeanor and, upon conviction thereof, shall be punished with a fine as provided by Idaho Code Section 18-113 as it may from time to time be amended and/or retitled, or by imprisonment for not more than six (6) months, or by both said fine and imprisonment. Section 2: The provisions of this ordinance are hereby declared to be severable and if any provision of this act or the application of such provision to any person or circumstance is declared invalid for any reason, such declaration shall not affect the validity of remaining portions of this ordinance. Section 3: The City Clerk is instructed to immediately forward this ordinance to the codifier of the official municipal code for proper revision of the code. Section 4: This ordinance, or a summary thereof in compliance with Idaho Code §50-901A, shall be published once in the official newspaper of the City, and shall be in full force and take effect immediately upon its passage, approval, and publication. Approved and adopted this 24 day of April 2024. Page 23 of 24 CITY OF EAGLE Ada County, Idaho EST: Y E. CITY CLERK • BORN Page 24 of 24 McClatchy The Beaufort Gazette The Belleville News -Democrat Bellingham Herald Centre Daily Tunes Sun Herald Idaho Statesman Bradenton Herald The Charlotte Observer The State Ledger -Enquirer Durham The Herald -Sun Fort Worth Star -Telegram The Fresno Bee The Island Packet The Kansas City Star Lexington Herald -Leader The Telegraph - Macon Merced Sun -Star Miami Herald El Nuevo Herald AFFIDAVIT OF PUBLICATION The Modesto Bee The Sun News - Myrtle Beach Raleigh News & Observer Rock Hill I The Herald The Sacramento Bee San Luis Obispo Tribune Tacoma The News Tribune Tri-City Herald The Wichita Eagle The Olympian Account / Order Number Identification Order PO Amount Cols Depth 36791 555353 Print Legal Ad-IPL01744930 - IPL0174493 $70.60 2 49 L Attention: Kelpie Rekow CITY OF EAGLE / LEGALS PO BOX 1520 EAGLE, ID 836169102 clerks@cityofeagle.org File: RECEIVED & FILED CITY OF EAGLE MAY 2 2 2024 SUMMARY OF ORDINANCE NO.922 AN ORDINANCE OF THE CITY OF EAGLE, ADA COUNTY IDAHO REPEALING TITLE 4, "PUBUC HEALTH AND SAFETY", CHAPTER 5, "ANIMAL CONTROL" AND ENACTING A NEW CITY OF EAGLE CODE TITLE 4, CHAPTER 5, ENTITLED THE CITY OF EAGLE ANIMAL CONTROL ORDINANCE; FOR SEVERABILRY; PROVID- ING FOR CODIFICATION; AND PROVIDING AN EFFECTIVE DATE. A summary of the principal provisions of Ordinance No. 922 of the City of Eagle, Ada County, Idaho as adopted by Eagle City Council on April 23, 2024.. Sections 1 through 4: Establishes legal authority of the City and provides a short title and purpose. In addition, provides general definitions, as well as definitions for cruelty to animals. Sections 5 and 6: Establishes the regulations and requirements for dog licenses and kennel licenses and provides exceptions for the same. Section 7 through 11: Establishes the prohibition and penally of dogs running at large, and exceptions to the prohbiitieon. Identifies enclosure requirements. Es- tablishes regulations and requirements for rabies control and quarantine proce- dures. Identifies animals presenting an Immediate danger, directing a dog to ha- rass or attack and criminal responsibility for dog bites and attacks and penalties. Section 12: Defines habitual barking, raise making and nuisance. Establishes prohibition, penalty and exceptions of same. Section 13 through 15: Identifies Animal Control Enforcement Official and animal control shelter Establishes the prohibition of the obstruction of an animal con- trol officer and penalty for the same. Establishes procedures for impounding of animal and redemption. Section 16: Defines a habitual violator, notice or order to abate and failure to able processes. Section 17 through 19: Establishes process and procedures related to the des- ignation and management of dangerous or at -risk dogs. Identifies the appeal procedure for affected persons. Identifies the penalty for denying animal own- ership. Section 20: Identifies penalties for violations of Title 4 Chapter 5, Animal Control. The full text of Ordinance No. 922 is available at City Hall, on the City webslte, and will be provided to any citizen upon personal request during normal office hours. DATED as of the 5th day of May, 2024. Brad Pike, Mayor Attest: Tracy E Osbom, City Clerk CERTIFICATION OF ATTORNEY I, the undersigned, an attorney at law duty licensed it the State of Idaho and serving as counsel to the City of Eagle, Idaho, hereby certify that 1 have read the above Summary of Ordinance No. 922 of the City of Eagle and that the same is true and complete and provides adequate notice to the public of the contents of said ordinance. Dated this 5th day of May, 2024. Victor Vllleges Borton-Lakey Law & Policy City Attorney, City of Eagle IPL0174493 May 22 2024 Mary Castro, 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: 1 insertion(s) published on: 05/22/24 M cwt./ o (Legais Clerk) On this 22nd day of May in the year of 2024 before me, a Notary Public, personally appeared before me Mary Castro known or identified to me to be the person whose name subscribed to the within instrument, and being by first duly sworn, declared that the statements therein are true, and acknowledged to me that she executed the same. Ste,p414LIA Hafatt,r Notary Public in and for the state of Texas. residing in Dallas County Eft charge for lastOrrduplicate aff rolls Legal doain *pleasedonotdestroy!