Bonners Ferry City Zoning Code
TITLE 5
POLICE REGULATIONS
5-1-1: CHIEF OF POLICE:
A. Appointment: The mayor shall appoint, with approval of the city council, a chief of police who shall hold office for the duration of his appointment or until such time as he shall be removed. (1959 Code § 1-14-1; amd. 2003 Code)
B. Duties: The chief of police, under the direction of the mayor shall direct and control the police of the city. He shall preserve the peace and good order of the city, quell all riots, arrest and bring all violators of this code before the proper officer for trial either with or without process, serve all processes issued by the proper officer to him directed, and enforce all orders and judgments of said court, and take such measures as shall secure the peace and good order of all public meetings. The chief of police, in execution of his duty, with or without process or warrants, in arresting any person accused or suspected of crime or in the suppression of any riot or unlawful assembly, or in the prevention of violation of this code, shall have power to call upon any citizen or bystander to assist him in the execution of his duty. He shall inquire into and report to the proper officer all violations of this code and criminal laws of the state, and cause all ordinances passed to be enforced. He shall take into custody with or without process, any person found violating this code and bring such person before the proper officer to be dealt with according to law. (1959 Code §§ 1-14-2, 3-2-1; amd. 2003 Code)
5-1-2: RECORDS:
A. Funds Received: The chief of police shall keep a record in a book provided for that purpose, of all monies belonging to the city which may come into his hands from whatever source, stating from whom and on what account received and pay the same into the city treasury.
B. Arrests: The chief of police shall also record the name, if known, of every person arrested, the date and cause of arrest, and such other facts as may be deemed important, and report an abstract thereof to the city council quarterly, or more often if required. (1959 Code § 3-2-2; amd. 2003 Code)
5-1-3: SPECIAL POLICE OFFICERS:
The chief of police shall, with the consent of the city council, appoint such special police officers as may be required to properly enforce the laws. (1959 Code § 1-14-1; amd. 2003 Code)
5-2-1: ABANDONMENT OF AIRTIGHT CONTAINERS WITHOUT REMOVING DOOR LOCKS PROHIBITED:
(Rep. by Ord. 481, 8-17-2004)
5-2-2: AID IN ESCAPE:
(Rep. by Ord. 546, 1-6-2015)
5-2-3: AID TO AN OFFENSE:
(Rep. by Ord. 546, 1-6-2015)
5-2-4: ASSAULT OR BATTERY:
(Rep. by Ord. 546, 1-6-2015)
5-2-5: BARBED WIRE AND ELECTRIC FENCES:
It shall be unlawful for any person to erect or maintain any electric fence or any fence constructed in whole or in part of barbed wire or to use barbed wire as a guard to any parking lot or parcel of land. (1959 Code § 6-1-4)
5-2-6: BEER OR INTOXICATING LIQUOR, CONSUMPTION OF:
It shall be unlawful for any person to consume any beer or intoxicating liquor or to have in their possession any opened containers or receptacles containing any beer or intoxicating liquor in any public park, public place, street, alley or highway within the city or at any other place therein other than in a private residence or upon premises licensed for the sale and consumption of such beer or liquor. Nothing herein shall be construed as preventing the consumption of beer and intoxicating liquor on premises covered by a catering permit. (1959 Code § 6-1-46)
5-2-7: BEER; PROCURING FOR OR SELLING:
(Rep. by Ord. 546, 1-6-2015)
5-2-8: CRUELTY TO ANIMALS:
(Rep. by Ord. 546, 1-6-2015)
5-2-9: DEPOSITS OF INJURIOUS MATERIAL ON THOROUGHFARES:
It shall be unlawful for any person to deposit, place or allow to remain in or upon any public thoroughfare any material or substance injurious to person or property. (1959 Code § 6-1-7)
5-2-10: DISORDERLY CONDUCT:
(Rep. by Ord. 546, 1-6-2015)
5-2-11: DISTRIBUTION OF OBSCENE LITERATURE:
(Rep. by Ord. 546, 1-6-2015)
5-2-12: DISTURBING THE PEACE:
(Rep. by Ord. 546, 1-6-2015)
5-2-13: DRUG USE AND PARAPHERNALIA:
(Rep. by Ord. 546, 1-6-2015)
5-2-14: DRUNKENNESS:
(Rep. by Ord. 580, 10-16-2018)
5-2-15: ENCOURAGING DELINQUENCY:
(Rep. by Ord. 546, 1-6-2015)
5-2-16: ESCAPES:
(Rep. by Ord. 546, 1-6-2015)
5-2-17: EXPECTORATING ON SIDEWALKS OR IN PUBLIC BUILDINGS:
It shall be unlawful for any person to expectorate or spit upon any of the sidewalks or upon the floor of any theater, public building, church, or room used for public assemblies. (1959 Code § 6-1-14)
5-2-18: FALSE PRETENSES:
(Rep. by Ord. 546, 1-6-2015)
5-2-19: FALSE REPRESENTATION:
(Rep. by Ord. 546, 1-6-2015)
5-2-20: FORNICATION:
(Rep. by Ord. 546, 1-6-2015)
5-2-21: FRAUDULENTLY AVOIDING PAYMENT OF ADMISSION FEES:
(Rep. by Ord. 546, 1-6-2015)
5-2-22: FURNISHING WEAPONS AND OTHER ARTICLES TO PRISONERS:
(Rep. by Ord. 546, 1-6-2015)
5-2-23: GAMBLING:
(Rep. by Ord. 546, 1-6-2015)
5-2-24: GENERAL OFFENSE:
It shall be unlawful for any person to commit any act or fail to perform any requirement which is prohibited or required by state law, insofar as such laws are applicable to municipal government. Any violation of this section that would be considered a misdemeanor under Idaho law shall be a misdemeanor under this code; any violation of this section that would be considered an infraction under Idaho law shall be an infraction under this code. This section shall also comply with the Idaho criminal rules. (Ord. 498, 4-4-2006)
5-2-25: GIVING ASSISTANCE TO POLICE OFFICERS:
(Rep. by Ord. 546, 1-6-2015)
5-2-26: INDECENT EXPOSURE:
(Rep. by Ord. 546, 1-6-2015)
5-2-27: KEEPING OF JUNK RESTRICTED:
It shall be unlawful for any person to store or keep any old articles or materials which may be classed as junk, adjacent to or in close proximity to any schoolhouse, church, public park, public grounds, business buildings or residence without first providing proper and tight buildings for the storage of the same. (1959 Code § 6-1-26)
5-2-28: LOUDSPEAKERS OR SOUND TRUCKS:
It shall be unlawful to play, use or operate any device known as a sound truck, loudspeaker or sound amplifier, radio or phonograph, boom boxes, cassette and CD players with loudspeaker or sound amplifier, or any instrument of any kind or character which emits loud and raucous noises, unless such persons have first applied to and received permission from the chief of police to operate any such vehicle so equipped. (1959 Code § 6-1-28; amd. 2003 Code)
5-2-29: LUG WHEELS PROHIBITED:
It shall be unlawful for tractors with wheels injurious to pavement to be permitted upon the public thoroughfares unless the operator of such vehicle shall first plank such streets. (1959 Code § 6-1-29)
5-2-30: MALICIOUS INJURY TO PROPERTY:
(Rep. by Ord. 546, 1-6-2015)
5-2-31: MUFFLERS; UNNECESSARY NOISE:
(Rep. by Ord. 546, 1-6-2015)
5-2-32: OBSCENE CONDUCT:
(Rep. by Ord. 546, 1-6-2015)
5-2-33: PETIT THEFT:
(Rep. by Ord. 546, 1-6-2015)
5-2-34: PLAYING BALL ON STREETS PROHIBITED:
(Rep. by Ord. 546, 1-6-2015)
5-2-35: PROSTITUTION:
(Rep. by Ord. 546, 1-6-2015)
5-2-36: RESISTING AN OFFICER:
(Rep. by Ord. 546, 1-6-2015)
5-2-37: RIOT:
(Rep. by Ord. 546, 1-6-2015)
5-2-38: SALE OR DISTRIBUTION OF TOBACCO PRODUCTS TO A MINOR:
(Rep. by Ord. 546, 1-6-2015)
5-2-39: SWINDLING:
(Rep. by Ord. 546, 1-6-2015)
5-2-40: TRESPASSING:
(Rep. by Ord. 546, 1-6-2015)
5-2-41: UNLAWFUL ASSEMBLY:
(Rep. by Ord. 546, 1-6-2015)
5-2-42: WATER FLOWING UPON STREETS:
It shall be unlawful for any person to allow any water to flow into or upon any public thoroughfare. (1959 Code § 6-1-43)
5-2-43: WINDOWSILLS TO BE KEPT CLEAR:
It shall be unlawful for any person to place or keep on any windowsill, porch or other projection above the first story of any building abutting on any sidewalk any article which might do injury in falling on any person on the sidewalk in front of such building, unless the same is securely fastened or protected by screens. (1959 Code § 6-1-44)
5-2-44: URINATION OR DEFECATION IN PUBLIC PROHIBITED:
It shall be unlawful for any person to urinate or defecate on public property or public right of way, or on private property open to public view, except in restrooms and facilities provided for such purpose. Violation of this section shall be a misdemeanor subject to penalties as established by Idaho Code. (Ord. 593, 5-5-2020)
5-3-1: ANIMAL CONTROL OFFICER:
A. Designation: The animal control officer shall be any person empowered by the city to enforce the provisions of this chapter. When no specific appointment is made, the chief of police shall be the animal control officer. The animal control officer shall be within the police department and under the control and jurisdiction of the chief of police.
B. Duties:
1. The animal control officer and his staff shall have the duty and the power to enforce all sections of this chapter.
2. The animal control officer and his staff are hereby designated as peace officers and shall be authorized to issue, sign and serve summons and complaints in order to enforce the provisions of this chapter; and to make all determinations within their discretion required by the provisions of this chapter.
3. It shall be the duty of the animal control officer to keep or cause to be kept, accurate and detailed records of all reports of any animal bites reported to the animal control section of the department of community services. (1959 Code § 6-2-10)
5-3-2: INTERFERENCE WITH OFFICIALS:
It is unlawful for any person to interfere with, harass, molest, injure or obstruct any animal control officer or any other city employee or official in the discharge of his official duties under this chapter. (1959 Code § 6-2-12)
5-4-1: CURFEW:
A. Imposed: It shall be unlawful for any person under the age of eighteen (18) years to be in or upon any street, highway, road, alley, park, playground or other public places or buildings, or places of amusement, eating establishments, vacant lots and/or any other place without being accompanied by an adult having custodial rights or an adult person designated by the adult having custodial rights of said minor between the hours of ten thirty o'clock (10:30) P.M. on Sunday, Monday, Tuesday, Wednesday, or Thursday until four o'clock (4:00) A.M. of the following day, and twelve o'clock (12:00) midnight until four o'clock (4:00) A.M. on Friday or Saturday.
B. Exceptions: The provisions of this chapter shall not apply in cases where the minor is:
1. Accompanied by the minor's parent or guardian;
2. On an errand at the direction of the minor's parent or guardian, without any unauthorized detour, delay or stop;
3. In a motor vehicle involved in interstate travel;
4. Engaged in an employment activity, or going to or returning home from an employment activity, without any unauthorized detour, delay or stop;
5. Involved in an emergency;
6. Attending an official school, religious, recreational, or other activity supervised by adults and sponsored by the city of Bonners Ferry, Boundary County, a civic organization, or another similar entity that takes responsibility for the minor, or going to or returning home from such activity, without any unauthorized detour, delay or stop; or
7. Exercising first amendment rights protected by the United States constitution, such as the right of free exercise of religion, freedom of speech, and the right of assembly, or going to or returning from such activity, without any unauthorized detour, delay, or stop.
C. Responsibility Of Owner, Operator, Or Employee: The owner, operator, or any employee of an establishment commits an offense under this chapter if he or she knowingly allows a minor, without permission of a parent or guardian, to be present upon the premises of the establishment during curfew hours, unless the establishment is involved in rendering services for an emergency or is a designated "safe place" and the minor is seeking emergency help, shelter, or care. It is a defense to prosecution under this section that the owner, operator, or employee of an establishment asked the minor to leave the premises and promptly notified the Bonners Ferry city police department that a minor is present on the premises of the establishment during curfew hours and refuses to leave. (Ord. 540, 3-18-2014)
5-4-2: PARENTAL RESPONSIBILITY:
It shall be unlawful for the parent, guardian or other person having legal custody of a child or any adult person designated by the person having legal custody of a person under the age of eighteen (18) years to permit and/or allow said minor to be upon any public streets, highways, roads, alleys, parks, playgrounds or other public grounds, places, buildings, places of amusement, eating places, vacant lots or other locations without having designated an adult person or said parent, guardian or other legal custodian supervising said child between the hours established in 5-4-1A of this chapter, excluding the exceptions as set forth in 5-4-1B of this chapter. A violation of this provision shall be punishable in accordance with the penalties set forth in this chapter. (Ord. 540, 3-18-2014)
5-4-3: PENALTIES:
A person who violates any provision of this chapter shall be guilty of a misdemeanor punishable as a misdemeanor under the laws of the state of Idaho, or shall be subject to the provisions of the juvenile corrections act of the state of Idaho as applicable. (Ord. 540, 3-18-2014)
5-5-1: DEFINITIONS:
Wherever the term "firearms" is used in this chapter, the term shall mean any instrument used in the propulsion of shot, shell or bullets or other harmful objects by the action of gunpowder exploded within it, or by the action of compressed air within it, or by the power of springs and including what are commonly known as air rifles, BB guns, slings or flippers. (1959 Code § 6-6-1)
5-5-2: DISCHARGE PROHIBITED:
It shall be unlawful for any person to discharge firearms of any kind or description within the limits of the city. (Ord. 549, 4-21-2015)
5-5-3: EXCEPTIONS:
A. Shooting Galleries, Gun Clubs, Etc.; Permit Required: The city council may, upon application, grant permits to shooting galleries, gun clubs and others for shooting within the city limits in fixed localities and under fixed rules. Such permits shall be in writing attested by the clerk conforming to such requirements as the council shall demand, and the permit thus issued shall be subject to revocation at any time by action of the council.
B. Law Enforcement: This chapter does not apply to those persons listed in section 18-3302(12)(a through c), Idaho Code, while acting in their official capacity.
C. Lawful Defense: A person discharging a firearm in the lawful defense of person or persons or property. (Ord. 549, 4-21-2015)
5-5-4: VIOLATIONS:
Any person found guilty of a violation of this section may be charged as a misdemeanor with penalties pursuant to Idaho Code. (Ord. 549, 4-21-2015)
5-3A-1: DEFINITION:
"Animal" means any animal brought into domestic use by man so as to live and breed in a tame condition, including, but not limited to, dogs, cats, other household pets, horses, livestock and animals generally regarded as farm or ranch animals. (1959 Code § 6-2-10)
5-3A-2: RUNNING AT LARGE:
A. Animals:
1. Prohibited: No animal shall be permitted at large in the city at any time during the year; and it shall be unlawful for anyone to herd or drive any animal through the streets without having said animal under control by means of rope, strap or other device by which they may be led, unless such animal is being driven in harness or hauled.
2. Exception: This article shall not be construed as prohibiting stockmen from driving herds through the city when necessary to transfer them from one pasture to another or for the purpose of shipping, but such stockmen so driving stock through the city shall be liable to property owners for all damages done to their property by such stock while being driven through said city, whether such damage is caused by the negligence of said stockmen or their agents or not. Such stock shall be driven through the city in as short a time as possible. (1959 Code § 6-2-1)
B. Poultry: It shall be unlawful for any person to keep fowl or poultry unless such fowl or poultry are at all times kept upon his own premises and in enclosures. (1959 Code § 6-2-2)
5-3A-3: IMPOUNDMENT:
A. Duty To Impound: If any animal, except for cats and dogs to the extent authorized by other ordinances herein to run at large, shall be found running at large contrary to provisions of this article, it is hereby made the duty of the police department to take up and confine the same in a secure place or other place provided for that purpose.
B. Costs: Such animal taken up and confined shall not be released until the owner or person entitled to the possession thereof shall pay the hereafter outlined costs:
1. All out of pocket costs for keeping said animal;
2. Cost of advertising;
3. Five dollars ($5.00) for the act of impounding;
4. Fifteen dollars ($15.00) for reimbursement to the city for its costs in maintaining the animal in the pound. (1959 Code § 6-2-3)
C. Failure To Redeem; Sale Of Animal: If the owner or person entitled to possession of an impounded animal, except for dogs and cats, does not, within five (5) days from the time it is taken into custody, pay the charges and take it away, it shall be lawful for the police department to sell at public auction said animal.
D. Notice Of Sale:
1. Preparation; Posting: Prior to such sale, the police department shall prepare and post a notice upon the front door of the clerk's office at the city hall for three (3) days prior to the sale or disposition of said animal.
2. Contents: The notice shall contain a description of the animal so impounded, and fix a time and place where said animal will be sold, except in the case of dogs and cats when said notice shall set forth that the dog or cat will be disposed of unless redeemed.
3. Service: Such notice shall be sent to the owner of the animal, if known. If the owner is not known, the police department will file an affidavit with the city clerk so stating and stating what efforts were made to locate the owner thereof.
E. Right Of Redemption: Any animal may be redeemed at any time before the sale or disposition by the payment to the city clerk of the charges provided hereinabove. (1959 Code § 6-2-4)
F. Revenue From Sale: In case any animal sold pursuant to the provisions of this article be sold for more than is sufficient to pay the fees, and charges aforesaid, such excess shall be by the officer or his assistant making the sale, deposited with the clerk which shall be paid upon an order of the council to the owner of such animal or animals or to the person entitled to the possession of the same upon claim and proper proof within six (6) months from date of said sale. (1959 Code § 6-2-5)
G. No Buyer At Sale; Disposal: If there is no buyer of the animal, the city may dispose of same in any manner it seems fit without liability to the city. (Ord. 427, 7-9-1996)
5-3A-4: RESTRAINING ANIMALS:
An animal, including a cat, running at large, found causing damage to property or found trespassing and creating a nuisance upon such property, may be humanely restrained by the owner or occupant of such property, or by such owner or occupant's agent, for a reasonable time, during which time such owner, occupant or agent shall:
A. Notify the police department of his possession of the animal, request the impoundment of the animal at the pound; or
B. Notify the owner or keeper of his possession of the animal or cat and release the animal or cat to the owner or keeper; or
C. Release the animal or cat. (1959 Code § 6-2-8)
5-3A-5: FREEING IMPOUNDED ANIMALS:
It shall be unlawful to break open or in any manner, directly or indirectly, aid or assist in breaking open any pen or enclosure with intent of releasing any animal confined therein pursuant to the provisions of this article. (1959 Code § 6-2-6)
5-3A-6: SANITATION:
A. Enclosure, Stable Or Building: No person who shall, within the corporate limits of the city, keep or maintain any pen or enclosure, stable or building for cattle, horses or other animals in such a filthy condition as to be offensive to neighbors or passersby or injurious to the health of the neighborhood.
B. Accumulation Of Manure: No person shall permit any manure to accumulate in or near their premises in such quantities as to be offensive to the public, and no person shall at any time allow any manure to accumulate on any lot, alley, street or premises, or near any building unless the same be properly kept in some box, can or other receptacle securely covered and free from exposure, and such box, can or other receptacle shall be thoroughly cleaned out and the manure removed from the city at least once each week.
C. Penalty: Any person violating any of the provisions of this section shall be guilty of a misdemeanor and in conviction thereof shall be subject to penalty as provided in section 1-4-1 of this code. (1959 Code § 6-2-7; amd. 2003 Code)
5-3A-7: INJURED OR KILLED ANIMALS:
Animals injured or killed in the street shall be considered as running at large, and animal control officers shall remove all animals to the pound. The owner of such animal shall be liable for impoundment costs of any injured animal. (1959 Code § 6-2-9)
5-3A-8: BITING ANIMALS:
A. Notice Required: The owner of any dog, cat or other animal that has bitten any person shall immediately advise an animal control officer of this fact.
B. Confinement:
1. Duration: Any dog, cat or other animal that has bitten any person or has been exposed to another animal that is believed to have rabies shall be immediately confined for a period of ten (10) days to be observed for symptoms of rabies.
2. Location: Such confinement may be on the premises of the owner if deemed appropriate in the discretion of the animal control officer. If the animal is not confined on the premises of the owner, the animal may be confined in any veterinary hospital of the owner's choice. An animal control officer may order the confinement of the animal at any suitable location. Stray animals whose owners cannot be located shall be confined at any location deemed suitable by an animal control officer.
3. Cost: Such confinement shall be at the expense of the owner.
C. Destruction Prior To Confinement Prohibited: It is unlawful for the owner of any dog, cat or other animal that has bitten any person or that is believed to have rabies, to destroy such animal before it can be properly confined by an animal control officer. (1959 Code § 6-2-13)
D. Failure To Produce For Confinement: The owner of any animal that has been reported as having inflicted a bite on any person shall, upon the demand of an animal control officer, produce the animal for observation and confinement as prescribed in this article. If the owner of any such animal refuses to produce the animal, the owner shall be subject to immediate arrest if there shall be probable cause to believe the animal has inflicted a bite upon a person and the owner is keeping or harboring the animal and wilfully refuses to produce the animal upon such demand. Such persons shall be taken before a magistrate judge who may order the immediate production of the animal. If the owner of any such animal shall wilfully or knowingly secrete or refuse to produce the animal, each day of secretion or refusal to produce the animal shall constitute a separate and individual violation of this article. (1959 Code § 6-2-14)
5-3A-9: WILD ANIMALS:
A. Definition: "Wild animal" shall mean any animal or reptile which is wild by nature and is not commonly domesticated. (2003 Code)
B. Prohibited: Animal control officers are hereby authorized to apprehend any wild animal that may be at large within the city. Such wild animal may be impounded, released in wild areas outside of the city or destroyed as the animal control officer in his discretion shall determine subject to the applicable provisions of the laws of the state. Animal control officers are authorized to use any tranquilizer guns, firearms, or any other suitable devices to subdue or destroy any animal that is deemed by an animal control officer, in his discretion, to be of danger to itself or to the public health and safety. (1959 Code § 6-2-15)
5-3A-10: PET SHOPS:
A. Definition: "Pet shop" within the meaning of this article is defined as any establishment that sells or traffics in animals of any species, except in the course of normal veterinary practice.
B. Building Requirements; Runs And Pens: Pet shops shall be confined in a building that is totally enclosed and all animals shall be confined exclusively to the building. The pet shop may not have outside runs or pens and none of the animals owned by the pet shop are to be harbored or housed outside of the building at any time for any reason.
C. Sick Or Injured Animals: It is unlawful for any pet shop to sell any sick or injured animals or to house or have in possession on the premises any such animal when known to be sick or injured. (1959 Code § 6-2-17)
5-3A-11: COURT PROCEEDINGS:
If an animal is impounded, an animal control officer may institute legal proceedings on behalf of the city against the owner charging the owner with a violation of this title. Nothing in this section shall be construed as preventing an animal control officer from instituting a legal proceeding for violation of this article where there has been no impoundment. (1959 Code § 6-2-11)
5-3A-12: PROSECUTION:
A. For the purpose of prosecution for violations of any section of this article, it is not necessary in order to obtain a conviction to prove notice or knowledge on the part of the owner of any animal in question if there is a violation of any of the sections of this article at the time and place charged, it being the purpose and intent of this section to impose strict liability upon the owner of any animal for the action, conduct and condition of that animal, in accordance with the terms of this article.
B. Unless otherwise specifically provided herein, prosecution for the violation of this article shall be under the general penalty of the city. (1959 Code § 6-2-16)
5-3B-1: DEFINITIONS:
As used in this article, the following words and terms shall have the meanings ascribed to them in this section:
BITE: Any breaking or scratching of the victim's skin by the animal's teeth.
DEPARTMENT: The Bonners Ferry police department, its agents, officers, or other persons so designated by the city.
DOG: Any dog whose owner resides within the incorporated limits of the city or any dog which enters the city limits.
SUBSTANTIAL INJURY: Any injury caused by an animal which requires the services of a physician.
VICIOUS ANIMAL: Any animal which:
A. Has twice within a forty eight (48) month period bitten or attacked a person; or
B. Has once attacked or bitten a person engaged in an unlawful activity, causing death or substantial injury.
C. A vicious animal, within the meaning of this article, shall be deemed a public nuisance and shall be subject to the provisions of this article for the remainder of its life. (Ord. 427, 7-9-1996; amd. Ord. 539, 3-4-2014)
5-3B-2: OWNERSHIP:
For the purpose of this article, the ownership of any dog shall be determined by the fact that such dog is fed or otherwise encouraged or permitted to remain on any premises and the resident on such premises shall be considered the lawful owner. (1959 Code § 6-3-2)
5-3B-3: LICENSE TAG:
Every owner bringing into the city or harboring a dog within the city is hereby required to secure about the neck of said dog a specific license tag for use solely on that dog, said license tag to be secured annually in the manner outlined in this article. (Ord. 427, 7-9-1996)
5-3B-4: LICENSE FEE:
The annual license fee required to be paid shall be established by resolution of the mayor and city council for each altered dog, male or female, and the annual license fee for all other dogs shall be established by resolution of the mayor and city council, which sum shall be due and payable annually on or before January 31 of each year or within thirty (30) days from the date that the party obtains possession of the dog if the dog is acquired between February 1 and November 1. Failure to obtain a license within the time required will cause a doubling of the license fee. The annual license fee shall be for the period of January 1 through December 31. The license fee is the obligation of the person or persons possessing the dog. (Ord. 498, 4-4-2006)
5-3B-5: RUNNING AT LARGE:
No dog shall be allowed to run at large within the city limits. Any violation of this section shall be prosecuted in accordance with Idaho Code section 25-2805, dogs running at large. (Ord. 539, 3-4-2014)
5-3B-6: DECLARED NUISANCE:
A. Nuisance Defined: A dog is a "nuisance" if it incessantly barks so as to cause a disturbance. (Ord. 539, 3-4-2014)
B. Prohibited: It is unlawful for the owner of any dog to permit the dog to be a nuisance. Establishing the name of the person purchasing the dog license shall be prima facie evidence of the dog's owner for the purposes of this section. An "owner" under this section is the person or the head of the household that is the principal harborer of the dog.
C. Impoundment: Any dog being a nuisance shall be impounded. (1959 Code § 6-3-3)
D. Penalty:
1. First Offense: Any owner convicted of having a dog or dogs that is or are a nuisance shall be guilty of an infraction and fined fifty dollars ($50.00) for a first offense.
2. Second Offense: Any owner convicted of having a dog or dogs that is or are a nuisance shall be guilty of an infraction and fined one hundred dollars ($100.00) for a second offense.
3. Third And Subsequent Offenses: Any owner convicted of having a dog or dogs that is or are a nuisance shall be guilty of a misdemeanor and may be fined up to three hundred dollars ($300.00), plus any court costs associated with the prosecution of said offense.
4. Impound Fees: The owner convicted of having a dog or dogs that is or are a nuisance shall pay an impound fee if the dog is impounded of twenty dollars ($20.00) per offense. (Ord. 539, 3-4-2014)
5. Fine Per Offense: The fine is per offense, regardless of whether it is the same or a different dog. (Ord. 427, 7-9-1996)
5-3B-7: STRAYS:
It shall be the duty of the police chief or any other officer detailed therefor, to seize all stray dogs running at large that do not wear a license tag, and where any such dog remains unclaimed for twenty four (24) hours it shall be the duty of the police chief or other officer detailed therefor, to cause such dog to be killed or otherwise disposed of in a humane manner. (1959 Code § 6-3-7; amd. 2003 Code)
5-3B-8: UNLICENSED DOGS; PENALTY:
Any person neglecting or refusing to take out a license for any dog or dogs owned or harbored by him shall be guilty of a separate infraction with a penalty of fifty dollars ($50.00) for each dog which is unlicensed in a license fee period from January 1 through December 31. A person may be cited under this provision for each license fee period in which he neglects or refuses to obtain a license for each dog. (Ord. 359, 3-4-2014)
5-3B-9: ANIMAL IN UNATTENDED VEHICLE:
No person shall leave an animal in any unattended vehicle without adequate ventilation or in any manner as to subject the animal to extremes of temperature which adversely affects the animal's health and welfare. (Ord. 427, 7-9-1996)
5-3B-10: DEFENSE OF LIFE OR PROPERTY:
Any dog may be killed by any police officer, or any citizen, whether such dog be licensed or unlicensed when such killing is in defense of life or property. (1959 Code § 6-3-9)
5-3B-11: VICIOUS ANIMALS:
A. Vicious Animal: Any person owning or having custody of any vicious animal is guilty of a misdemeanor if, as a result of that person's failure to exercise reasonable care, the animal injures any other person or animal engaged in lawful activities. The owner shall be prosecuted in accordance with Idaho Code section 25-2805(2). This does not apply to military or police dogs actively engaged in the pursuit of their official duties. (Ord. 539, 3-4-2014)
B. Possession Of Vicious Animals: Any person who owns, keeps, harbors, possesses or has custodial care of a vicious animal within the meaning of this article shall:
1. Restrain: Keep such animal restrained in a manner which prevents any further attacks, or bites;
2. Liability Insurance: Shall be required to provide proof of three hundred thousand dollars ($300,000.00) in liability insurance specifically naming the animal as a covered liability and shall provide the city with a copy of said insurance policy. The city shall also be named as an additional insured;
3. Sale Or Transfer: Shall notify the department in the following manner: Owners of a vicious animal who sell, or in any way, transfer the ownership, custody, care or residence, inform the department, in writing, of the name, address and telephone number of the new owner or custodian, or new residence address. Said notification shall include the name and description of the animal. The owner shall, in addition, notify the new owner, in writing, of the details of the animal's record, the terms and conditions of the animal maintenance, and provide the department with a copy thereof. Said copy shall contain signed acknowledgment by the new owner of his/her receipt of the original;
4. Escape: If a vicious animal escapes, the owner shall immediately notify the department and shall make every effort to recapture the animal;
5. Signs: The owner of a vicious animal shall display in a prominent place on the owner's premises a clearly visible warning sign indicating that there is a vicious animal on the premises. The sign must be readable from a public highway or thoroughfare. The owner shall also display a sign with a symbol warning children of the presence of a vicious animal. Similar signs shall be posted on the animal's kennel, pen, or enclosed structure;
6. Inspections: The owner of a vicious animal shall contact the department on an annual basis and shall have an inspection of the premises wherein the vicious animal is confined. The inspection shall deal with the security of the confinement and all other items listed above; and
7. Failure To Comply: If the owner of any animal declared vicious fails to comply with all of the above requirements, the animal shall be impounded forthwith.
C. Impoundment: The department may order the impoundment of any animal that:
1. Has attacked, bitten, or injured a human being or domestic animal; or
2. Has been declared a vicious animal and the owner has failed to comply with the requirements and conditions for keeping a vicious animal within five (5) days of being declared vicious; or
3. Poses a threat of serious harm to the public health or safety.
D. Notice Of Impoundment: Upon impoundment the city will follow the same procedure as this chapter provides for any impoundment. (Ord. 427, 7-9-1996)
5-3B-12: SANITATION RESPONSIBILITIES; PENALTY:
A. It shall be unlawful for an owner or any person having custody or control of any dog to fail to remove the fecal matter deposited by his/her dog on public property or private property not belonging to the dog owner. Removal must be effected before the dog owner or responsible party leaves the immediate area where the fecal matter was deposited. The dog owner or responsible party must dispose of the fecal matter in a sanitary manner by depositing the same in a trash receptacle.
B. A violation of these sanitation responsibilities shall constitute an infraction, with penalties and fines, as provided in Idaho Code. (Ord. 550, 6-2-2015)
5-3B-13: CONTROL AND RESTRAINT:
A. Any dog, while on a street, sidewalk, public property, or upon private property without the consent of the owner, shall be secured by a leash or chain of sufficient tensile strength to restrain the dog and be controlled by a person of sufficient age and strength to control the dog.
B. Exceptions: This shall not apply to police dogs engaged in police work or to service animals performing medically necessary purposes.
C. Any dog found in violation of this section shall constitute prima facie evidence that the owner of the animal is in violation of this section. A violation of this section shall constitute an infraction. (Ord. 550, 6-2-2015)
5-3C-1: DISPOSAL:
Any dog that has been received by the pound may be put to sleep or adopted out within five (5) days, excluding weekends and holidays, of receipt of the animal or within five (5) days, excluding weekends and holidays, of notice to the owner if the owner is known through its dog license or if the owner of the animal is actually known by the police department. (1959 Code § 6-4-1; amd. 2003 Code)
5-3C-2: ADOPTION OF DOGS:
Any person desiring to adopt a dog that has been delivered to the pound and that has not been claimed by the owner within the five (5) day holding period shall, before being given possession of the dog, make arrangements with a veterinarian to have the dog neutered or spayed prior to receiving the dog. The city will then deliver the dog to the veterinarian at the adopter's sole expense. If the veterinarian refuses to accept the dog, the city will then dispose of the dog. (1959 Code § 6-4-2)
5-3C-3: RABIES SHOTS:
A. Required: All dogs found within the city limits must have had current rabies shots, and shall wear a current tag so showing. Any dog found without such a current tag shall be impounded and treated like any other dog impounded. Before releasing any such dog, the person claiming such dog shall make arrangements with a veterinarian for necessary rabies shots in the manner provided in section 5-3C-2 of this article.
B. Definition: "Ownership" is defined as that term is defined in section 5-3B-2 of this chapter.
C. Penalty: Any person convicted of owning such a dog shall be fined a sum not to exceed fifty dollars ($50.00). (1959 Code § 6-4-3)
5-3C-4: FINE:
A. First Impoundment: The animal control officer shall charge the owner of said animal (or the person obtaining release of and possession of the animal) the sums outlined in section 5-3C-3 of this article, together with the sum of ten dollars ($10.00) for conducting the sale of the animal, plus the city's costs of advertising.
B. Second And Third Impoundment: In the event the animal control officer shall impound an animal for a second time, in addition to the above costs, there shall be imposed upon the owner of said animal, a fine of thirty dollars ($30.00); and fifty dollars ($50.00) for a third offense.
C. Fourth And Subsequent Impoundment: In the event that a given animal is picked up for a fourth time and for each time over four (4) times, in addition to the above stated fees and costs, there shall be a fine of one hundred twenty dollars ($120.00). (1959 Code § 6-4-4; amd. 2003 Code)