HomeMy WebLinkAboutIdaho Humane Society and City Of Meridian Animal Welfare and Enforcement AgreementANIMAL WELFARE AND ENFORCEMENT AGREEMENT
(Idako Humane Society and Meridian City)
This Animal Welfare and Enforcement Agreement (the "Agreement") is entered
into this �Y day of Deco mlar, 20R, by and between the city of Meridian, a
municipal corporation organized under the laws of the state of Idaho (the "City"), and the
Idaho Humane Society, Incorporated, an Idaho non-profit corporation ("IHS").
Separately, either IHS or the City may be referred to as a "P19y," and both together as
the "Parties."
WHEREAS, Idaho Code Section 50-319 authorizes a city to regulate the running
at -large of domesticated animals, including causing animals at -large to be impounded and
sold to cover the penalties and costs of impounding, keeping, and sale of such animals;
and
WHEREAS, Idaho Code Section 50-319 also authorizes a city to impose a license
tax on the owners and harborers of animals, and to authorize the sale or destruction of
any such animal when its owner or harborer fails or refuses to pay such license tax; and
WHEREAS, Idaho Code Section 50-319 also grants authority to a city to build
and operate the pens and pounds required to house impounded animals, to hire or contract
with staff to operate the pens and pounds, and to establish and enforce rules governing
the pens and pounds; and
WHEREAS, Idaho Code Section 25-2812 authorizes local governments to adopt
and enforce ordinances defining a dangerous or vicious dog, so long as the local
government's definitions allow for acts of justified provocation, as described in Idaho
Code Section 25-2810(3); and
WHEREAS, the City has adopted, and is responsible for enforcing, ordinances
governing the regulation, licensing, impounding, and welfare of certain animals within
the territorial limits of the City; and
WHEREAS, the City desires to contract with IHS to perform the City's duties and
responsibilities for the regulation, licensing, impounding, and welfare of certain animals
within the territorial limits of the City,pursuant to the terms and conditions contained
herein; and
WHEREAS, the City finds that contracting with IHS to perform the City's
animal -related duties, as provided herein, is the best means of protecting the health,
safety, and welfare of the people of the City and ensuring the safe and humane treatment
of animals.
A. Definitions. The following words shall have the meanings ascribed to them
below. Words not defined in this section or elsewhere in this Agreement shall have their
normal and common meaning.
Animal Welfare and
Enforcement Agreement P. 1
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S. Assignment. A Party shall not assign any of its rights or obligations under this
Agreement without first obtaining written consent from the other Party.
T. Choice of Law. This Agreement shall be governed by and construed and enforced
in accordance with the laws of the state of Idaho and the City Code. Venue for any
action brought pursuant to this Agreement shall be in the Fourth Judicial District of the
state of Idaho, in and for Ada County.
U. Severability. Any paragraph or provision of this Agreement that is held invalid
by a court of competent jurisdiction shall be stricken, and the remainder of this
Agreement shall continue in full effect.
V. Counterparts. The Parties may execute this Agreement in one or more
counterparts, each of which shall be deemed an original, but all of which together shall be
deemed on and the same instrument.
W. Authority. By his or her signature, below, the person executing this Agreement
on behalf of a Party warrants that he or she has authority to sign on behalf of that Party.
IN WITNESS WHEREOF, the authorized agent or representatives of the City
and IHS executed this Agreement, the date first written.
FOR THE CITY: FOR IHS:
The City of Meridian, Idaho. The Idaho Humane Society, Incorporated.
By. 9-----__ � By:
r-
Print��Xc�r'ynqd�rj Print Name:
Its: \Aal `�
Date:
ATTEST:
Its:
Animal Welfare and
Enforcement Agreement p• 7
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