CHAPTER 5
ANIMAL CONTROL
SECTION:
4-5-1: Definitions
4-5-2: Dog License And Tags Required
4-5-3: License Conditions
4-5-4: Kennels
4-5-5: Animal Control Fees
4-5-6: Prohibited Acts And Conditions
4-5-7: Nuisance Conditions
4-5-8: Stray Animals
4-5-9: Animal Bites; Rabies Control Measures
4-5-10: Impoundment And Redemption Procedures
4-5-11: Right Of Entry
4-5-12: Code Enforcement Officers
4-5-13: Civil Remedies
4-5-1 DEFINITIONS:
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AGRICULTURAL OPERATION: |
Includes, without limitation, any facility for the growing, raising or production of agricultural, horticultural and viticultural crops and vegetable products of the soil; poultry and poultry products; livestock; field grains, seeds, hay, apiary and dairy products; and the processing for commercial purposes of livestock or agricultural commodities. |
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ANIMAL: |
Any mammalian animal, poultry, bird, reptile, fish or other dumb creature or animate being having the power of voluntary motion. Cats by nature of their breed are a free roaming domestic animal and cannot, under normal circumstances, be confined to their owners’ premises. They are therefore specifically excluded from the definition of animal for purposes of this chapter. |
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AT LARGE: |
Any animal off the property of his owner and not under the control of the owner or of a competent person, either by leash, cord, chain or other means of physical restraint. |
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DOG: |
An animal of the canine family, both male and female. |
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FOWL: |
Any chickens, geese, ducks, turkeys, pheasants, doves, pigeons, squabs, guinea hens or other domestic fowl. |
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HORSE: |
An animal of the genus Equus, of either sex, and includes, but is not limited to, horses, mules, donkeys, burros and zebras. |
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KENNEL: |
Any premises wherein any person maintains and keeps for any reason more than three (3) dogs as further defined and regulated by sections 8-2C-24 and 8-2C-25 of this code. |
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LIVESTOCK: |
Any horse, bovine animal, sheep, goat, hog or domestic fowl. |
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NEUTERED: |
Any animal, male or female, having been made incapable of reproduction. |
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NUISANCE: |
Anything which is injurious to health or morals or is indecent or offensive to the senses; or an obstruction to the free use of property so as to interfere with the comfortable enjoyment of life or property; or unlawfully obstructs the free passage or use, in the customary manner, of any navigable lake, river, stream, canal or basin, or any public park, square, street or highway. |
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PUBLIC NUISANCE: |
One which affects at the same time an entire community or neighborhood or any considerable number of persons, although the extent of the annoyance or damage inflicted upon individuals may be unequal. |
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VICIOUS ANIMAL: |
Any animal that attacks, bites, attempts to bite, harasses passersby or in any way poses a threat to the public. (Ord. 899-08, 9-22-2008) |
4-5-2 DOG LICENSE AND TAGS REQUIRED:
A. Licenses: It shall be unlawful for any person to own, harbor or possess a dog over the age of six (6) months within the city limits without first procuring a license therefor as provided by this chapter; provided, however, that provisions of this chapter shall not apply to any person visiting in the city for a period not exceeding thirty (30) days, and owning or possessing a dog, if such dog is:
1. Currently licensed and bearing the license issued by another governmental unit, or
2. If such person possessing the dog is a permanent resident of a governmental unit where no license is required.
B. Impoundment: Any dog not licensed as provided in this section shall be impounded.
C. Collar And Tag Required: Every dog over the age of six (6) months shall at all times wear a substantial and durable collar to which shall be securely attached the required license tag. Any dog over the age of six (6) months found off of the premises of its owner without said collar and tag shall be impounded. It shall be unlawful for anyone to remove a collar and/or tag from another person’s dog. (Ord. 595, 6-9-1962)
4-5-3 LICENSE CONDITIONS:
A. Application: The owner or any person having charge of any dog over the age of six (6) months within the city limits shall make application to the city clerk and pay a license fee as provided in section 4-5-5 of this chapter. Proof of neutering shall be required in the form of a written statement from a licensed and qualified veterinarian to obtain the special neutered rate.
B. Terms Of License: All dog licenses are valid for twelve (12) months and shall expire one (1) year from the date of license sale. Dog owners may choose to prepay licenses for one (1), two (2), or three (3) years.
C. Lost Tags: Upon satisfactory proof that a license tag has been lost, a new tag of a different number shall be issued by the city clerk, upon payment of a fee, and the transaction shall be noted upon the city with files referenced to the lost tag and new number substituted therefor.
D. Change Of Address: Any change of address should be reported within ten (10) days to the city clerk to avoid impound charges.
E. Imitation Of License: It shall be unlawful for any person to transfer a license tag from one animal to another in any manner other than the manner set forth herein, or to cause any animal to wear any imitation of a license tag issued by the city for that year or any other tag calculated to deceive. Any dog wearing such imitation license tag shall be impounded.
F. Transfer Of Tags: A tag may be transferred from one dog to another of the same owner on application to the city clerk and payment of a transfer fee.
G. Guide Dogs: Any dog owned and used by the blind or hearing impaired as a guide is exempt from the license fee while so owned and used but is not exempt from registration on the license application form. (Ord. 595, 6-9-1962; amd. Ord. 992-17, 8-28-2017)
4-5-4 KENNELS:
A. Kennel License: All kennels must be licensed annually. Kennel licenses are valid for twelve (12) months and shall expire one (1) year from the date of approval. Initial applications shall be made to the Garden City division of planning and development and to the city clerk.
B. Application Information; Fee; Inspection: The application shall state the name and address of the owner, the location of the kennel, and the breed(s) of dog to be kept. The fee for a kennel license shall be as provided in section 4-5-5 of this chapter.
An authorized officer of the planning and zoning commission and animal control officer shall inspect all prospective commercial kennels prior to granting a kennel license.
C. Written Approvals Required: Any application for a kennel license must include:
1. Written approval from the Garden City animal control officer including a statement limiting the number of dogs that may be kept at the facility.
2. Written approval from the Garden City planning and zoning commission or the planning official of the department showing that the kennel is located in a properly zoned area as set forth by ordinance and in compliance with sections 8-2C-24 and 8-2C-25 of this code.
D. Compliance: The operator shall have a continuing obligation to comply with all city, county and state regulations relative to such an operation, to maintain adequate housekeeping practices designed to prevent the creation of a nuisance, and to reduce to a minimum the factors of noise and odor. Garden City shall verify compliance every twelve (12) months from the date of approval, and if any kennel is in compliance with all regulations relative to such an operation, Garden City will issue a kennel license annually pursuant to the fee for an annual kennel license as provided in section 4-5-5 of this chapter.
E. Revocation Of License Issued To A Commercial Kennel:
1. A license issued to a commercial kennel may be revoked or application for kennel license denied when any of the following conditions are found to exist:
a. Dogs from such kennel are picked up for running at large more than three (3) times in any six (6) month period.
b. Failure to maintain a list of dogs kept at the kennel.
c. Keeping more than the approved number of dogs at the kennel.
d. Failure to allow access to any authorized animal control officer to inspect the kennel facility.
e. Failure to maintain the kennel in a clean and sanitary manner.
f. Failure to provide adequate shelter and protection from the weather.
g. Failure to maintain adequate or approved ventilation.
h. Overcrowding of animals.
i. Quartering together of dogs which are temperamentally unsuited, or allowing such animals to approach as near to each other as to cause dogs to be abused or tormented.
j. Excessive or loud noise.
k. Failure to adequately treat or have treated any diseased or injured dog or to segregate such diseased dog so as to prevent the spread of disease to other animals.
2. Upon notice of revocation, a kennel license holder shall have thirty (30) days to cure any defect and to petition the city council to contest such revocation.
3. Thirty (30) days after notice of revocation, if no petition seeking review of revocation has been filed to the city council, the kennel license shall be deemed revoked. If a petition is filed, a review shall be held in substantial compliance with the administrative procedures act1. If the petition is denied, the kennel license shall be deemed revoked. (Ord. 899-08, 9-22-2008; amd. Ord. 1014-20, 1-13-2020)
4-5-5 ANIMAL CONTROL FEES:
A. Kennel License Fees: Garden City shall verify compliance every twelve (12) months from the date of approval of any kennel license, and if any kennel is in compliance with all regulations relative to such an operation, Garden City will issue a kennel license annually pursuant to the fee for an annual kennel license, in the amount adopted by resolution of the city council and listed on the most current city clerk fee schedule.
B. Impound, and Veterinary and Hospital Fees: If any animal is seized under this chapter or Title 25, Section 35, of the Idaho Code, the owner or keeper shall be liable for the reasonable costs of the seizure and the care, keeping and disposal of the animal. Reasonable costs may include, but shall not be limited to, transportation, medical (veterinary and hospital), board and shelter (impound), in the amount adopted by resolution of the city council and listed on the most current city clerk fee schedule. The owner or owners of any animal impounded may be eligible to redeem same prior to the sale, destruction or adoption of such animal by paying all the reasonable costs of the seizure, care, and keeping of the animal. Reasonable costs to redeem may include, but shall not be limited to, transportation, medical (veterinary and hospital), board and shelter (impound), in the amount adopted by resolution of the city council and listed on the most current city clerk fee schedule. Reasonable costs unpaid past sixty (60) days of imposition may be sent to collections. These fees shall be in addition to any fine imposed by any court as a result of a violation of this chapter.
C. Dog License Fees: The owner, or person having charge, of any dog over the age of six (6) months within the city limits shall make application for a dog license, which is valid for twelve (12) months, to the city clerk, the Idaho Humane Society, or other designated agent in the amount adopted by resolution of the city council and listed on the most current city clerk license fee schedule. (Ord. 807, 10-7-2003; amd. Ord. 992-17, 8-28-2017; Ord. 1014-20, 1-13-2020)
4-5-6 PROHIBITED ACTS AND CONDITIONS:
A. Animals Running At Large: It shall be unlawful for any owner or his agent:
1. To allow or permit any dog, whether licensed or not, to be or remain upon the streets or alleys of the city or in any public place in the city or off the owner’s premises without the consent of the person in possession of such other premises, unless such dog shall be in the charge of a competent person and controlled by a leash not exceeding ten feet (10’) in length. A violation of this subsection is an infraction punishable as provided in section 18-113A, Idaho Code.
2. To allow any animal to be raised, kept or maintained within the city limits unless raised, kept or maintained in buildings, sheds, pens or other fenced enclosures or restrained to the owner’s property.
3. If any animal is found running at large, the animal control officer may, if he desires, return the animal to its rightful owner, if known, and the owner shall pay a fee for any animal returned instead of the animal being impounded as provided in this chapter.
4. To allow any horse, bovine, sheep, goat, hog, domestic fowl or any livestock species or fowl to roam or run at large in the city, or to cause or permit such animal to be pastured, herded, staked or tied in any street or alley or other public place.
B. Female Dogs In Heat: It shall be unlawful for any person to allow a female dog when in heat to be exposed in such a manner as to attract other dogs to her or cause attacks to such female, thereby creating a nuisance.
C. Cruelty To Animals: It shall be unlawful for any person to allow fighting, torturing, beating, starving or other mistreatment of any animal in his care or charge, whether belonging to himself or any other person. Any animal so treated may be impounded for its protection and disposition.
D. Teasing Or Tormenting Animals: It shall be unlawful for any person to tease or torment any animal. It shall be unlawful for any parent to allow or permit his minor child to tease or torment any animal.
E. Abandonment: It shall be unlawful for any owner of an animal or his agent to abandon such animal within the city limits. Abandonment means the desertion of said animal for more than thirty six (36) hours.
F. Vicious Animals: The owner shall confine within a building or secure enclosure, every fierce, dangerous or vicious dog, and not take such dog out of such building or secure enclosure unless such dog is securely muzzled. Such buildings or enclosures shall have warning signs posted.
G. Herding Animals: It shall be unlawful for anyone to herd or drive any animal through the streets of the city without having said animal under control by means of rope, strap or other device by which it may be led, unless such animal being driven is in harness or hauled. It is hereby made and shall be the duty of the animal control officer to seize and impound any and all animals running at large or herded without said control within the city limits; provided, however, that this subsection shall not be construed as prohibiting the transfer of said animals from one pasture to another, but those so transferring said animals through the city shall be liable to property owners for all damages done to their property by such animals while being transferred, whether or not such damage is caused by negligence of the owner or his agents.
H. Driving Or Riding Animals: No person shall lead, drive or ride any animal, except for dogs and cats, across or upon any sidewalk, parkway or public parking area, or over or across any public park, except upon roadways, trails or areas designated for such use.
I. Animals Confined In Vehicles: It shall be unlawful for any person to leave any animal confined in a motor vehicle without adequate ventilation. In the event that any animal is so confined, authority is given to the animal control officer, any humane officer, or any city officer to enter such vehicle by whatever force is necessary to release the animal, without liability upon the city or any person for resulting damage.
J. Interference With Animal Control Officer: It shall be unlawful for any person to hinder, molest or in any way interfere with the animal control officer or any person authorized and acting through him, while he is lawfully engaged in the performance of his duties pursuant to the ordinances of the city.
K. Animals Causing Injury Or Property Damage: Anyone owning or harboring any animal which causes injury or damage to another person or another person’s property shall be civilly liable for payment of all such damages.
L. Livestock Prohibited Within The City Limits: Except as allowed by applicable zoning regulations, it shall be unlawful for any person to stable, keep, pasture or maintain within the city limits any livestock, domestic fowl or any animal of a wild or nondomestic species; however, any livestock or domestic fowl present prior to the effective date hereof may remain. If, however, the property where such animals have been kept becomes vacant and remains so for one year’s time, no more animals will be allowed. (Ord. 655, 12-12-1995)
4-5-7 NUISANCE CONDITIONS:
A. Any person who shall permit an animal which is owned, harbored, controlled or kept by the said person to do any of the following acts on two (2) or more occasions within the period of six (6) months shall be creating a public nuisance, and the animal shall be impounded as permitted by this chapter:
1. Bite or attempt to bite any person.
2. Scatter garbage, refuse or debris.
3. Deposit fecal material on any property other than on the property of its owner or custodian.
4. Repeatedly or continuously bark, howl or otherwise cause noise which disturbs or is likely to disturb the peace and quiet of any neighborhood. Such repeated or continuous barking or howling or other noise must be confirmed by other neighbors and/or the animal control officer. (Ord. 567, 4-9-1991)
5. Molest passersby, chase vehicles, habitually attack other domestic animals, trespass upon public or private property to the damage of such property or in any way interfere with the free use or comfortable enjoyment of property.
B. It shall be unlawful to allow any of the following to occur:
1. To fail to exercise proper care and control of an animal to prevent it from becoming a public nuisance.
2. To fail to provide an animal with sufficient good and wholesome food and water, proper shelter and protection from the weather, veterinary care when needed to prevent suffering and with humane care and treatment.
C. No agricultural operation or any appurtenance to it shall be or become a nuisance, private or public, by any changed conditions in or about the surrounding nonagricultural activities after the same has been in operation for more than one year, when the operation was not a nuisance at the time same began; provided, that the provisions of this subsection shall not apply whenever a nuisance results from the improper or negligent operation of any agricultural operation or any appurtenance to it. (Ord. 595, 6-9-1962)
4-5-8 STRAY ANIMALS:
Any person discovering a stray or apparently lost animal, or coming into possession or control of any obviously sick or injured cat, shall report the same to the animal control officer. Any person who apprehends or picks up a stray or lost animal shall report the same to the animal control officer within twelve (12) hours thereafter and shall release such animal or cat to the animal control officer upon demand. (Ord. 595, 6-9-1992)
4-5-9 ANIMAL BITES; RABIES CONTROL MEASURES:
A. The owner or other person in custody or control of any animal which bites a human being shall immediately notify the animal control officer of the bite by giving the name and address of the person bitten, if known to him, and shall faithfully obey any quarantine instructions given by the animal control officer or any public health officer. Failure to obey such quarantine instructions is cause for impoundment of the animal for the quarantine period of ten (10) days.
B. The animal control officer or the city shall have the authority to order the owner of any animal which has bitten any person in such a manner so as to cause an abrasion of the skin to subject such animal to a private veterinarian or to the city shelter for quarantine for a period of ten (10) days. If such animal is quarantined in the city shelter and determined to be free of rabies, the same shall be returned to the owner upon payment of boarding fees for each day that the animal has been impounded, plus costs for administration of distemper vaccine. No other fee shall be charged. If such fee is not paid, the animal shall be subject to disposal after proper notice is given to the owner, provided that the owner can be located. (Ord. 595, 6-9-1962)
4-5-10 IMPOUNDMENT AND REDEMPTION PROCEDURES:
A. Impounding:
1. It shall be the duty of the animal control officer of the city to apprehend and impound in the city shelter, or other suitable place, any animal running at large or in violation of this chapter; provided, that if any fierce, dangerous or vicious animal found running at large cannot be safely taken up and impounded, such animal may be slain by the animal control officer or any police officer in the city.
2. In the event that the animal control officer or any police officer of the city slays or impounds any animal, he shall record a description of the animal in a book kept for that purpose and, if known, the name and address of the owner. If the animal bears a brand or license, the same shall be recorded. The animal control officer shall attempt to notify the owner of the disposition of the animal in such cases, either by mail or in person.
3. It shall be the duty of the animal control officer of the city to apprehend and impound in the city shelter, or other suitable place, any obviously sick or injured cat that has come under the control of any person. (Ord. 595, 6-9-1962)
B. City Shelter Established: The animal control officer is hereby authorized and empowered to secure and maintain a suitable shelter for the purpose of carrying out the provisions of this chapter and will be the sole judge of how dogs, animals, fowl or poultry are to be segregated and penned.
C. Redemption Of Animals:
1. Release Of Impounded Animals: The owner or owners of any impounded animal may redeem the same by paying all the costs, charges and penalties assessed, if any, that have accrued up to the time of making the redemption, and when the same are paid, it shall be the duty of the animal control officer or representative to release the animal from said shelter or other confinement to its owner.
2. Licensed Dogs: It shall be the duty of the animal control officer to cause notice to be served either in person or by mail upon the registered owner of any licensed dog impounded under the provisions of this chapter. Any dog not redeemed after five (5) days’ notice is declared to be the property of the city and may be disposed of in a humane manner or adopted out as hereinafter provided. In computing the five (5) day notice period, weekends and holidays shall be excluded.
3. Unlicensed Dogs: It shall be the duty of the animal control officer to hold for a period of not less than five (5) days, excluding weekends and legal holidays, any unlicensed dog impounded under the provisions of this chapter. Any such unlicensed dog not redeemed within said five (5) days shall be declared to be a stray and may be disposed of in a humane manner or adopted out as hereinafter provided in this section, under the direction of the animal control officer.
4. Adoption: Any animal which is not redeemed may, at the discretion of the animal control officer, be adopted out instead of other means of humane disposal, upon payment of an adoption fee and the payment of the license fee and costs of vaccination; provided, that when the animal is adopted by a person not residing in Garden City, the license fee shall not be required. Such adoption program shall be under the direction and control of the animal control officer.
D. Care Of Impounded Animals: The animal control officer shall provide all animals in his custody with proper food, water and shelter and shall give them all necessary care and attention. Any animal impounded hereunder and suffering from serious injury or disease may be humanely destroyed at the discretion of the animal control officer.
E. Removal From Custody: It shall be unlawful for any person to remove from custody any animal impounded by the animal control officer except as provided in this chapter.
F. Safety And Treatment: The safety and treatment of any animal will be determined by the animal control officer or representative. It shall be the duty of the animal control officer to impound any animal for its welfare when determined to be in the animal’s best interest.
G. Liability: The city or any person authorized by the city shall not be liable for any animal that becomes sick or dies during impoundment or after release from impoundment. (Ord. 595, 6-9-1962)
4-5-11 RIGHT OF ENTRY:
The animal control officer or representatives are authorized to enter upon private property at any hour of day and night when reasonably necessary to do so in the enforcement of this chapter and neither they nor the city shall be liable for any damage resulting from such entry. (Ord. 595, 6-9-1962)
4-5-12 CODE ENFORCEMENT OFFICERS:
A code enforcement officer(s) shall be appointed by the chief of police as an animal control officer(s) for the purpose of carrying out the provisions of this chapter and shall be supervised by the chief of police. (Ord. 847-06, 3-27-2006)
4-5-13 CIVIL REMEDIES:
The provisions of this chapter are not intended, nor shall they be construed, to prevent any person from seeking to recover their actual damages, through available civil remedies, where an animal or cat is alleged to have caused damage to other persons or property. (Ord. 595, 6-9-1992)
IC § 67-5201