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16-1713 Animal Control Ordinance UpdateCITY OF MERIDIAN ORDINANCE NO. 3 BY THE CITY COUNCIL: BIRD, BORTON, CAVENER, LITTLE ROBERTS, MILAM, PALMER AN ORDINANCE OF THE CITY OF MERIDIAN AMENDING MERIDIAN CITY CODE SECTION 6-2-3, RELATING TO CITY OF MERIDIAN DOG LICENSE; AMENDING MERIDIAN CITY CODE SECTION 6-2-8(K-), RELATING TO RABIES VACCINATION REQUIREMENTS FOR DOGS; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City Clerk's Office, in consultation with the Meridian Police Department, Idaho Humane Society, and contracted dog licensing designees, has identified process improvements and City Code updates related to dog licensing that will enhance customer service and administrative efficiency; and WHEREAS, the City Council of the City of Meridian finds that the following updates to the City of Meridian animal control ordinance will serve the best interest of the public health, safety, and welfare; NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF MERIDIAN, ADA COUNTY, IDAHO: Section 1. That Meridian City Code section 6-2-3 shall be amended as follows: 6-2-3: CITY OF MERIDIAN DOG LICENSE: A. Dog License Required: 1. Each dog owner living in or visiting Meridian for thirty (30) days or longer shall obtain a city of Meridian dog license for each dog that is owned by such person and that is more than six (6) months of age. 2. Application for a city of Meridian dog license shall be made to the city cleric, " peliee depa,.+."ont, or licensing designee duly authorized by the city as set forth in this chapter. Such application shall include the following: a. A completed application form, which form shall include the name, physical address, mailing address, and telephone number of dog owner and a description of dog to be licensed; I ir f6r a dog that was less than one year old when vaeeinated; or- within the previotis three (3) years f6f a dog that was ofle or- more yeafs old when ; c. A valid spay or neuter certification, if applicable; and d. Applicable dog license fee per fee schedule. Where the fee schedule provides for a lower license fee for a spayed or neutered dog, the city or its licensing designee shall allow the payment of the lower license fee only upon the dog owner's presentation of a certificate of neuter or spay issued by a veterinarian or by the Idaho Humane Society. License fees shall be waived for: AN INIAL CONTROL ORDINANCE UPDATE PAGE I OF 7 ANIMAL CONTROL ORDINANCE UPDATE PAGE 2 OF 7 1) The owner of any dog used by a visually impaired, hearing impaired, or disabled person and used as a seeing eye dog, hearing ear dog, or service dog shall not be required to pay a license fee. The city or its licensing designee shall allow this exception to the license fee only upon the dog owner's presentation of certification of the dog owner's visual or hearing impairment or disability by a licensed medical doctor. 2) The owner of any dog in training to serve as a seeing eye dog, hearing ear dog, or guide dog shall not be required to pay a license fee. The city or its licensing designee shall allow this exception to the license fee only upon the dog owner's presentation of proof that such dog is in training for such purpose. 3) Any dog owned by a public entity or public agency. 3. The city clerk, Meridian police department, or licensing designee shall issue a dog license tag within two (2) working days of receipt of complete application materials and fees. B. Annual Licensing Required: All city of Meridian dog licenses shall be valid only in the calendar year issued and shall expire December 31 of that year. for one (1) year from date of issuance. C. Lost Dog License Tag: The city or its licensing designee shall reissue a lost dog license tag upon payment of lost dog tag fee as set forth in fee schedule and verification that the license tag sought to be replaced is a current and valid city of Meridian dog license, which verification shall be made by reference to the official log(s) of the city or its licensing designee(s). D. Dog Licensing Designees: In order to facilitate the licensing of dogs within the city of Meridian, the city may enter into agreements with the Idaho Humane Society, veterinarians, or vendors of pet products doing business within the city of Meridian authorizing such licensing designee to issue city of Meridian dog licenses on behalf of the city, except that no licensing designee shall be authorized to issue vicious dog licenses. Section 2. That Meridian City Code section 6-2-8 shall be amended as follows: 6-2-8: PROHIBITED ACTS: A court sentencing a person for a violation of this chapter may assess court costs in addition to the fines and penalties set forth herein. A. Barking Dog: It shall be unlawful for any dog owner to permit a dog owned by such person to carry on excessive, continuous or untimely barking or noise. A violation of this subsection shall constitute an infraction punishable by a fine of one hundred dollars ($100.00). B. Cruelty To Animals: C. Damage To Property: It shall be unlawful for any person owning any animal to cause or allow such animal to damage private or public property without the consent of the property's ANIMAL CONTROL ORDINANCE UPDATE PAGE 3 OF 7 owner. A violation of this subsection shall constitute a misdemeanor punishable by a fine of three hundred dollars ($300.00) and ninety (90) days' jail. D. Dog At Large In Public Place: Except as otherwise allowed by law, it shall be unlawful for any dog owner to allow or cause any dog owned by such person to be or remain in any public place, unless such dog is controlled by a leash not exceeding six feet (6') in length. A person's first violation of this subsection shall constitute an infraction punishable by a fine of twenty five dollars ($25.00). A person's second violation of this subsection shall constitute an infraction punishable by a fine of fifty dollars ($50.00). A person's third violation of this subsection shall constitute an infraction punishable by a fine of one hundred dollars ($100.00). The animal control officer may seize and impound any dog found in violation of this subsection. E. Dog At Large On Private Premises: It shall be unlawful for any dog owner to allow or cause such dog to be or remain upon any private premises without the consent of the person in possession of such premises. A person's first violation of this subsection shall constitute an infraction punishable by a fine of twenty five dollars ($25.00). A person's second violation of this subsection shall constitute an infraction punishable by a fine of fifty dollars ($50.00). A person's third violation of this subsection shall constitute a misdemeanor punishable by a fine of three hundred dollars ($300.00) and ninety (90) days' jail. The animal control officer may seize and impound any dog found in violation of this subsection. F. Dog Attacking Or Biting: Any owner of a dog which, when unprovoked, attacks or bites another person or other domestic animal upon the streets, sidewalks, any public grounds or places, or private property not owned or possessed by the owner of the biting dog, shall be guilty of a misdemeanor punishable by a fine of three hundred dollars ($300.00) and ninety (90) days' jail. The animal control officer may seize and impound any dog found in violation of this subsection. Where a dog seized pursuant to this provision shows any symptom of rabies or has not been vaccinated for rabies, the animal control officer shall deliver the biting animal to the Idaho Humane Society or to a licensed veterinarian for examination for rabies, and all related costs of such examination shall be paid by the dog owner upon demand from city. Such examination may include, at the discretion of the Idaho Humane Society or veterinarian to whom the biting dog is surrendered, a period of quarantine, confinement, and/or impoundment. If such biting dog is determined to be free of rabies, the dog shall be returned to the owner upon payment to the Idaho Humane Society or licensed veterinarian who examined such animal of all related fees and/or costs. If such biting dog is determined to be afflicted with rabies, the biting dog shall be euthanized according to the provisions of this chapter. G. Dog Rushing: It shall be unlawful for any owner of a dog which, when unprovoked, in a vicious or terrorizing manner, approaches any person in apparent attitude of attack upon the streets, sidewalks, any public grounds or places, or private property not owned or possessed by the owner of the dog. A violation of this subsection shall constitute a misdemeanor punishable by a fine of three hundred dollars ($300.00) and ninety (90) days jail. ANIMAL CONTROL ORDINANCE UPDATE PAGE 4 OF 7 H. Failure To Display Dog License Tag: It shall be unlawful for any dog owner to fail to cause any licensed dog owned by such person to wear, at all times, a durable, secure collar bearing a valid city of Meridian dog license tag. Production of proof that such dog is licensed shall be an affirmative defense to a charge of violation of this subsection. The person raising such affirmative defense shall bear the burden of proof that such defense applies. A violation of this subsection shall constitute an infraction punishable by a fine of twenty five dollars ($25.00). I. Failure To License Dog: It shall be unlawful for any dog owner to fail to obtain a city of Meridian dog license for any dog owned by such person. It shall be an affirmative defense to a charge of violation of this subsection that such dog is six (6) months of age or younger. The person raising such affirmative defense shall bear the burden of proof that such defense applies. A person's first violation of this subsection shall constitute an infraction punishable by a fine of twenty five dollars ($25.00). A person's second violation of this subsection shall constitute an infraction punishable by a fine of fifty dollars ($50.00). A person's third violation of this subsection shall constitute a misdemeanor punishable by a fine of three hundred dollars ($300.00) and ninety (90) days jail. J. Failure To Update Dog Owner Contact Information: It shall be unlawful for any dog owner to fail to provide to the city clerk's office or Meridian police department updated contact information where there is a change in such dog owner's physical address, mailing address, and/or telephone number registered with any city of Meridian dog license. A violation of this subsection shall constitute an infraction punishable by a fine of ten dollars ($10.00). K. Failure to Vaccinate Dog Against Rabies: It shall be unlawful for any dog owner to fail to vaccinate his or her dog against rabies within the first year of the dog’s life. Further, it shall be unlawful for any dog owner to fail to renew his or her dog’s rabies vaccination every three (3) years. K.L. Female Dog In Heat: It shall be unlawful for any owner of a female dog in heat to fail to enclose such female dog in such a manner as to preclude other dogs from attacking or being attracted to such female dog. A violation of this subsection shall constitute a misdemeanor punishable by a fine of three hundred dollars ($300.00) and ninety (90) days jail. L.M. Fraudulent Display Of Dog License Tag: It shall be unlawful for any dog owner to fail to cause or allow any dog owned by such person to wear a dog license tag issued for another dog, or to wear any imitation of a city of Meridian dog license tag. A violation of this subsection shall constitute a misdemeanor punishable by a fine of three hundred dollars ($300.00) and ninety (90) days jail. M.N. Harboring Excess Dogs: It shall be unlawful for any person to own; keep, harbor, possess, accept, or maintain custody, control, or care of; or license more than three (3) dogs at any single residence, property, or premises. It shall be an affirmative defense to a charge of violation of this subsection that such dogs comprise a single litter of puppies under six (6) months of age that is kept at a single location with the mother dog. The person raising such ANIMAL CONTROL ORDINANCE UPDATE PAGE 5 OF 7 affirmative defense shall bear the burden of proof that such defense applies. A violation of this subsection shall constitute a misdemeanor punishable by a fine of three hundred dollars ($300.00) and ninety (90) days jail. N.O. Harboring Rabid Animal: It shall be unlawful for any person to own, keep, harbor, possess, accept, or maintain custody, control, or care of any animal afflicted with rabies. A violation of this subsection shall constitute a misdemeanor punishable by a fine of three hundred dollars ($300.00) and ninety (90) days jail. The animal control officer may seize and impound any animal found in violation of this subsection. O.P. Harboring Vicious Dog: It shall be unlawful for any person to own a vicious dog in the city of Meridian more than fourteen (14) days following the entry of a final decision that the dog is a vicious dog. Fourteen (14) days following the entry of a final decision that the dog is a vicious dog, such dog may be considered to be contraband, and may be seized pursuant to warrant and euthanized. A violation of this subsection shall constitute a misdemeanor punishable by a fine of one thousand dollars ($1,000.00) and one hundred eighty (180) days jail. Additionally, upon conviction, the court may authorize the animal control officer to seize, impound, and/or euthanize the dog giving rise to the violation. P.Q. Improper Disposal Of Dead Dogs: It shall be unlawful for any person to place or leave any dead dog on public or private property, including premises lawfully owned or possessed by such person. A violation of this subsection shall constitute a misdemeanor punishable by a fine of three hundred dollars ($300.00) and ninety (90) days jail. Q.R. Interference With Animal Control Officer: It shall be unlawful for any person to hinder or interfere with in any manner an animal control officer who is enforcing any of the provisions of this chapter. A violation of this subsection shall constitute a misdemeanor punishable by a fine of three hundred dollars ($300.00) and ninety (90) days jail. R.S. Removal Of Dog Feces: It shall be unlawful for any person to fail to promptly remove and dispose of, in a sanitary manner, any and all feces left by a dog owned or being handled by such person on property, public or private, other than the premises of the owner or handler of such dog. A violation of this subsection shall constitute an infraction punishable by a fine of twenty five dollars ($25.00). S.T. Unlawful Reclamation Of Impounded Dog: It shall be unlawful for any person to recover or attempt to recover possession of any impounded dog, in any manner contrary to city policy or the provisions of this chapter. A violation of this subsection shall constitute a misdemeanor punishable by a fine of three hundred dollars ($300.00) and ninety (90) days jail. Section 3. That this ordinance shall be effective immediately upon its passage and publication. PASSED by the City Council of the City of Meridian, Idaho, this ____ day of November, 2016. APPROVED by the Mayor of the City of Meridian, Idaho, this 15; day of November, 2016. APPROVED: T-armn eerdy� /�i �; c' CAY Coles �i/1,2c3 �� ��D nucos� lty Clerk ATTEST: Qgo r q to G °a City of E IDIAN IDAHO srnL Pym V Ih, TAB 0-01,00 ANIMAL CONTROL ORDINANCE UPDATE PAGE 6 OF 7 NOTICE AND PUBLISHED SUMMARY OF ORDINANCE PURSUANT TO I.C. § 50-901(A) CITY OF MERIDIAN ORDINANCE NO. 16- : 3 AN ORDINANCE OF THE CITY OF MERIDIAN AMENDING MERIDIAN CITY CODE SECTION 6-2-3, RELATING TO CITY OF MERIDIAN DOG LICENSE; AMENDING MERIDIAN CITY CODE SECTION 6-2-8(K), RELATING TO RABIES VACCINATION REQUIREMENTS FOR DOGS; AND PROVIDING AN EFFECTIVE DA RE Mayor and City Council By: C.Jay Coles, City Clerk e�ty pr E IDIANk— � rnarro S� tiw First Reading: Adopted after first reading by suspension of the Rule as allowed pursuant to Idaho Code § 50-902: YES NO Second Reading: Third Reading: STATEMENT OF MERIDIAN CITY ATTORNEY AS TO ADEQUACY OF SUMMARY OF ORDINANCE NO. 16 - The undersigned, William L.M. Nary, City Attorney of the City of Meridian, Idaho, hereby certifies that he is the legal advisor of the City and has reviewed a copy of the attached Ordinance no. 16- 121 �� of the City of Meridian, Idaho, and has found the same to be true and complete and provides adequate notice to the public pursuant to Idaho Code § 50-901A(3). DATED this t � day of IVOLlenM� , 2016. William. L.M. Nary City Attorney ANIMAL CONTROL ORDINANCE UPDATE PAGE 7 OF 7