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06-1283 City Code Dog Licensing Ordinance CITY OF MERIDIAN ORDINANCE NO. t9G -/293 BY THE CITY COUNCIL: BIRD, BORTON, ROUNTREE, WARDLE AN ORDINANCE AMENDING TITLE 6, CHAPTER 2, OF THE MERIDIAN CITY CODE REGARDING: DEFINITIONS AND CITY OF MERIDIAN DOG LICENSES; PROVIDING FOR A WAIVER OF THE READING RULES; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City Council of the City of Meridian deems it to be in the best interest of the health, safety and welfare of its citizens to track and regulate dogs within the City by providing for licensing thereof; WHEREAS, authorizing the Idaho Humane Society, veterinarians' offices, and pet product vendors to issue City of Meridian dog licenses on behalf ofthe City will facilitate dog owners' compliance with City dog licensing requirements; WHEREAS, the City of Meridian dog license fee schedule should be updated to appropriately reflect costs of administration of the City's licensing program; NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF MERIDIAN, IDAHO: Section 1. That Title 6, Chapter 2, of the Meridian City Code is amended to read as follows: 6-2-1: DEFINITIONS: As used in this chapter, the following terms shall be defined as in this section provided: ABANDONMENT: It shall be unlawful for any owner of an animal or his agent to abandon said animal within the city limits. Abandonment means the desertion of said animal for more than thirty six (36) hours. ANIMAL: Every domesticated and tame living creature, except members ofthe human race. AT LARGE: Off the property of the owner and off the leash, cord, chain or effective control of a responsible person. CITY OF MERIDIAN DOG LICENSE: A valid. current dog license issued bv the City of Meridian or its licensing designee. AMENTMENTS TO DOG LICENSING ORDINANCE PAGE 1 OF 8 CITY OF MERIDIAN DOG LICENSE TAG: A valid. current tag issued by the City of Meridian or its licensing designee. which tag shall signify that the dog wearing it is duly licensed by the City of Meridian. CONFINED: The dog is restricted to the property of the owner by leash, cord, chain or fence barrier. 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. DOG: Includes both male and female member of the canine family over the age of six (6) months. OWN: to be the owner thereof; or to keep. harbor. or possess; or to accept or maintain custody. control. or care thereof. OWNER: Any person owning, keeping. er-harboring, or possessing an animal. or accepting or maintaining custody. control. or care of an a dog or otherwise responsible f{)f Sl:leH animal. VETERINARIAN: A graduate doctor of veterinary medicine licensed to practice in the state of Idaho. VICIOUS DOG: Any dog whose behavior or actions fall within one or more of the following shall be declared a vicious dog: A. Any dog which, when unprovoked, in a vicious or terrorizing manner, approaches any person in apparent attitude of attack, which placed a reasonable fear in such a person that such violence was imminent, upon the streets, sidewalks, any public grounds or places, or private property not owned or possessed by the owner of the dog; or B. Any 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 dog; or C. Any dog with a prior history or documented incidents of attack or biting of persons or other animals, or disposition to attack unprovoked, to cause injury or to otherwise endanger the safety of persons or other domestic animals; or D. Any dog owned or harbored primarily or in part for the purpose of fighting or attacking people or any dog trained for fighting or attacking of persons. Notwithstanding this definition of a vicious dog: A. No dog may be declared vicious if an injury or damage is sustained by a person who, at the time that such injury or damage was sustained: AMENTMENTS TO DOG LICENSING ORDINANCE PAGE 2 OF 8 1. Was committing a willful trespass or other crime or tort upon the premises occupied by the owner ofthe dog (this does not require the owner to be present at the time ofthe unlawful trespass or other crime); or 2. Was teasing, tormenting, abusing or assaulting the dog; or 3. Was committing or attempting to commit a crime. B. No dog may be declared vicious if the dog was protecting or defending a person within the immediate vicinity of the dog from an unjustified attack or assault. C. No dog owned, maintained, or kept for work as a law enforcement dog, either currently or retired, may be declared vicious if the action that would be so defined by this definition, took place while the dog was acting within its capacity for law enforcement purposes. 6-2-3: CITY OF MERIDIAN DOG LICENSE REQUIRED; TAC; FEES: A. City of Meridian Dog License Required: It shall be unlawful for any person to own, harbor, keep or possess a dog which is more than six (6) months of age within the eCity without first procuring a City of Meridian dog license therefore as provided by this chapter; provided, however, that the provisions of this chapter shall not apply to any person visiting in the eCity for a period not exceeding thirty (30) days, and owning ef possessing a dog currently licensed, and bearing the license issued by another municipality or other licensing authority. B. Collar; Tag: Every dog shan at all times wcar a sl:lbstantial, durable collar, to which shall be securely attaoocd the req1:1ired license tag. Every dog owner shall cause his dog to wear. at all times. a durable, secure collar bearing a valid City of Meridian dog license tag. C. Imitation License Tag: It shall be unlawful for any person to cause or allow any dog owned by him to wear a license tag issued for another dog or to wear any imitation of a City of Meridian dog license tag. D. Certificate of Rabies Vaccination Required: No City of Meridian dog license shall be issued without presentation of a valid rabies vaccination certificate issued by a licensed veterinarian. A rabies certificate shall be considered valid only if presented: 1. Within one (1) vear from the date of issue. where the dog was less than one (1) year old when vaccinated; or 2. Within three (3) years from the date of issue. where the dog was one (I) or more years of age when vaccinated. G,E. License Term; Fees; Expiration: 1. License Term: All City of Meridian dog licenses within tho oity shall be valid only in the calendar year issued and shall expire December 31 of that year. AMENTMENTS TO DOG LICENSING ORDINANCE PAGE 3 OF 8 2. City of Meridian Dog License Fee Schedule: a. General License Fee: The owner or person, e~[oept senior citizens wbo are sixty t':/o (62) years of age or older, having charge of any dog, except as otherwise provided in this chapter, shall make application to the eCity for a City of Meridian dog license and shall pay!! an animal license fee as follows: Non.:neutered male dogs~ $15.00 Twenty-one dollars ($21.00) Non.:spayed female dogs~ ~Twenty-one dollars ($21.00) Neutered or spayed dogs~ +:-WSixteen dollars ($16.00) Vicious Dogs: One hundred dollars ($100.00) The City or its licensing designee shall allow the payment of the license fee for a neutered or spayed dog only upon the dog owner's presentation of a certificate of neuter or spay issued by a veterinarian or by the Idaho Humane Society shall be required to be present at the time the lioense is applied for. b. Exceptions To License Fee: (i) 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 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 certification ofthe dog owner's visual or hearing impairment or disability by a licensed medical doctor. (ii) 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 pro oft hat such dog is in training for such purpose. (iii) Any dog owned by a public entity or public agency. 3. Senior Citizens: Senior citiztlfls (tbose 62 years of age and over) shall pay a lioense fee of five dollars ($5.00). 41. Lost Tags; Fee: A charge of five dollars ($5.00) shall be made for each lost City of Meridian dog license tag reissued by the eCity or its licensing designee. The City or its licensing designee shall reissue a dog license for this fee only upon verification that the license tag sought to be replaced is for a current and valid City of Meridian dog license, which verification shall be made by reference to the officiallog(s) of the City or its licensing designee(s). 5.Certificate OfNel:lter Req1:1ired: .^.. certificate of neuter or spay issued by a veterinarian or the Idaho Humane Society shaH be required to be present at tho time AMENTMENTS TO DOG LICENSING ORDINANCE PAGE 4 OF 8 the license is applied for iFl orear to seeure tRB license rate for a nButared or spayed 00g,. 6. Exception To License Fee: fJ1Y dog o'.vned and used by a blind, visually or heariFlg impaired parSOFl and used as a seeiFlg eye or hearing ear dog or guide dog(s) in training, shall be lioensed ar.nually at FlO cost to the OWFlar afld user of the dog. To qaalify under tbis exoeption, the owner and user of the dog mast be medically certified as baying a visual or Rearing impairmtlflt by a liooosed medical doctor. F. Issuing Authoritv: City of Meridian dog licenses may be issued by the City Clerk, Police Department, or Animal ControL or by a licensing designee duly authorized by the City as set forth in this chapter. G. Monthly Log; Unissued Tags: Each City department issuing dog licenses shall keep a monthly log of all dog licenses issued, which log shall include the following information as to each dog license issued: 1. Date of issuance; 2. Dog license tag serial number; 1.0 Amount of license fee paid; 4. Name, address, and telephone number of dog owner; 5. Description of dog to be licensed; and {}.;- Verification of documentation of dog owner's compliance with all provisions of this title, including, but not limited to, rabies vaccination certification, spay or neuter certification if paying reduced license fee for spayed or neutered dog, proof of dog owner's age and spay or neuter certification. if paving; reduced license f-ee for OWFlers sixty two (62) vears or older, aFld/0r certification ofyisual or hearing impairment or disability if seeking: exeHl.fltion from license fee. Each City department issuing dog licenses shalL on a monthly basis, no later than the fifteenth (15th) day of the month following the month for which fees are collected and the monthly log is completed, submit to the City Clerk all license fees collected and a COpy of its monthly log. The City Clerk shall conduct an accounting to determine that the fees remitted correspond to the number and tyPe of dog license tags issued by the City Department according to the monthly log. Each City department issuing dog licenses shalL on a yearly basis, no later than the fifteenth (15th) day of the January immediately following the expiration of the prior license year, submit to the City Clerk all unissued dog license tags. AMENTMENTS TO DOG LICENSING ORDINANCE PAGE 5 OF 8 H. Licensing Designee: 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 ("licensing designee"). which agreements shall authorize 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. Such agreement shall specify the serial numbers of all dog license tags provided to the designee. Such agreement shall also include the following terms and conditions: .L The term of such agreement shall be from January 1 to December 31. 2. The licensing designee shall agree to issue City of Meridian dog licenses in accordance with all provisions set forth in this title. .1. The City shall agree to provide the licensing designee with official City of Meridian dog license tags, to be issued only upon verification of compliance with all provisions of this title and payment of the appropriate license fee. 4. The licensing designee shall agree to keep a monthly log of all City of Meridian dog licenses issued, which log shall contain the following information: a. Date of issuance of dog license: b. Dog license tag serial number; C. Amount of license fee collected; d. Amount of administrative fee retained; e. Name, address, and telephone number of dog owner; f Description of dog to be licensed; &:. Verification of documentation demonstrating dog owner's compliance with all provisions of this title, including, but not limited to, rabies vaccination certification, spay or neuter certification if paying reduced license fee for spayed or neutered dog, proof of dog owner's age and spay or neuter certification if paying reduced license fee for owners sixty-two (62) years or older, and/or certification of visual or hearing impairment or disability if seeking exemption from license fee. ~ The City shall agree that the licensing designee may retain, as an administrative fee, ten percent (10%) of each dog license fee collected on the City's behalf. AMENTMENTS TO DOG LICENSING ORDINANCE PAGE 6 OF 8 6. The licensing designee shall agree to remit to the City Clerk, on a monthly basis, no later than the fifteenth (15th) day ofthe month following the month for which fees are collected and the monthly log is completed: ~ All dog license fees collected on the City's behalf in the previous month, less the ten percent (10%) administrative fee kept by the license designee; b. A COpy of the previous month's log of dog licenses issued; and c. Other information as required by the City Clerk. 7. The licensing designee shall agree to remit to the City Clerk. on an annual basis, no later than the fifteenth (15th) day of the January immediately following the expiration of such agreement: a. All unissued dog license tags from the previous year; and b. Other information as required by the City Clerk. .& The agreement shall stipulate that upon the licensing designee's remittance of fees, logs, and/or unissued tags, the City Clerk shall conduct an accounting to determine that the fees remitted correspond to the number and tyPe of dog license tags issued by the designee according to the designee's log. The designee shall agree that in the event of a discrepancy between the log, fees remitted to the City, and/or unissued dog license tags, the designee shall remit to the City an amount of money sufficient to rectify the discrepancy. 9. The City shall include in such agreement any and all other terms it deems necessary and/or in the best interests of the City. Section 2. That all ordinances, resolutions, orders, or parts thereof or in conflict with this ordinance are hereby voided. Section 3. That pursuant to the affirmative vote of one-half (1/2) plus one (1) of the Members of the full Council, the rule requiring two (2) separate readings by title and one (1) reading in full be, and the same is hereby, dispensed with, and accordingly, this Ordinance shall be in full force and effect on ~~a,I-!f I Sft ,200ft 7 \ ~ ~SSED by tbe City Connell of tbe City of Meridian, Idaho, tbi. ~ay of ~1rvf:i.e..J , 2006. AMENTMENTS TO DOG LICENSING ORDINANCE PAGE 7 OF 8 )APPROVED by Ibe Mayor oflbe City of Meridian, Idaho, this (C('0-daY of --I,)ecem.~- ,2006. APPROVED: , , , ,M'A '\1'(') '" 1/ " ,\\\'~l Of ME/l, I,>, ,,\ ::\" . <, ,~, <:;.. "(j~ ".nO~l0J"'J // ~ #p'."-' "h '" ~. ~ .. <So' --;::. ~ ~ ~ , ~ , - - - dI~ft-~1 91 "E1&L'" 00 ~ CITY CLERK f ~ ~,..... {p 0 ;- ~ ~~ --0"]' 1S,," . x'" :...~. ~ ~.... ,-... "A CbuN .c\ ,"': 1'/ ~ " '11/ T'l. "" 1111 ,\\ '1/'"111111'\ ~J.Lt'l cf ATTEST: AMENTMENTS TO DOG LICENSING ORDINANCE PAGE 8 OF 8 NOTICE AND PUBLISHED SUMMARY OF ORDINANCE PURSUANT TO I.C. § 50-901(A) CITY OF MERIDIAN ORDINANCE NO. 06- /2 2 3 PROVIDING FOR AN AMENDMENT TO MERIDIAN CITY DOG LICENSING ORDINANCE An Ordinance of the City of Meridian amending Title 6, Chapter 2, of the Meridian City Code. A full text of this ordinance is available for inspection at City Hall, City of Meridian, 33 East Idaho Avenue, Meridian, Ida4o,,1 ThisiOTOinance shall become effective upon passage and publication. �c* k" Mayor and City Council of the City of Nleri 'an By: William G. Berg, Jr., City Clerk, _ First Reading: Z / 9 O 6 Ado � ''' 4 a , Rule as allowed pursuant to Idaho Code § 5(f�,Qi�t1I,by suspension of the NO Second Reading: Third'Rtaliig: STATEMENT OF MERIDIAN CITY ATTORNEY AS TO ADEQUACY OF SUMMARY OF ORDINANCE NO. 06- l Z $ 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. 06 8 3 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 l ��da y of Cin�� , 2006. William. L.M. Nary, City Attorne AMENDMENTS TO DOG LICENSING ORDINANCE PAGE 1 OF 1